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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, July 10, 2006
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
SY
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T Ti Il F X
July 10, 2006
PAGE
--- Commissioners' Comments 5
1.1 Consider/discuss, take appropriate action on
Joint Resolution of Cooperation between City of
Kerrville and Kerr County for developing an
Economic Incentive Strategy
1.2 Consider/discuss, take appropriate action to
approve Data Processing Service Agreement with
Indigent Healthcare Solutions, Ltd., for the
administration and claims processing related to
Indigent Health Care Program
1.3 Consider/discuss, take appropriate action to
designate County representative with settlement
authority to represent the County in EBA
litigation mediation
1.4 Consider/discuss, take appropriate action to set
public hearing for the revision of Tracts 7A & 8
of Treasure Hills Subdivision, Precinct 1
1.5 Consider/discuss, take appropriate action to
change the name of preliminary plat from Cypress
Springs Estates, Phase 2, Section Two, to Vistas
Escondidas De Cypress Springs Estates, Pct. 4
Consider/discuss, take appropriate action on
renewing 2007 Texas VINE Annual Maintenance Grant
contract and authorize County Judge to sign same
Consider/discuss, take appropriate action on
reviewing 2007 Appriss Service Agreement,
authorize County Judge to sign same
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1.8 Consider/discuss County Treasurer's notification
that her office will discontinue human resources
functions as of August 1, 2006; obtain clarification
of what functions or activities comprise or fall
under "human resource function"; obtain clarification
from Treasurer of specific duties or functions which
are currently being performed outside of her office
and which she believes are required by law to be
performed by her office and should be returned to
her office; consider and discuss adequacy of staffing
and resources provided to County Treasurer's office
and its performance 33
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	I N D E X (Continued)	
	July 10, 2006	
		PAGE
1.9	Consider/discuss, take appropriate action on	
	quote for sidewalk construction at Kerr County	
	Animal Control Facility	51
1.10	Consider/discuss, take appropriate action on	
	implementing the burn ban	53
1.13	Discuss and approve Adopt-a-Highway for	
	landscaping program for Saddlewood Estates	54
4.1	Pay Bills	57
9.2	Budget Amendments	58
4.3	Late Bills	--
4.4	Approve and Accept Monthly Reports	71
1.12	Reports from the following departments:	
	Information Technology	72
	Road and Bridge	84
	Facilities and Maintenance	91
	Collections	94
1.11	Consider and approve plan to reassign certain	
	administrative functions in county government.	
	Consider and evaluate the capability of county	
	employees who may be candidates to perform	
	administrative functions (Executive Session)	97
---	Adjourned	116
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On Monday, July 10, 2006, 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, July the 10th, 2006, at 9 a.m. Commissioner 1?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: You have the honors this morning.
COMMISSIONER BALDWIN: Would you stand and join me
in a word of prayer, please, and then we'll do the pledge of
allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the public or the audience that wishes to be
heard on a -- any matter that is not a listed agenda item,
you're free to come forward and tell us what's on your mind at
this time. If you wish to be heard on an agenda item, we
would ask that you fill out a participation form at the back
of the room. It's not essential that you do that, but it
helps me to be sure to know that there's a participant that
wants to be heard on that item. But if we get to an item and
you wish to be heard, just get my attention in some way,
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shape, form, or fashion, and I'll see that you have that
opportunity. But at this time, if there's any member of the
public that wishes to be heard on any matter that is not an
Seeing no one coming forward, we'll move on. Commissioner 1,
what do you have for us this morning?
COMMISSIONER BALDWIN: I just wanted to let you guys
know that a couple of weeks ago, I had a meeting with the City
Manager and the Fire Chief in regards to the EMS contract and
fire contract, and there wasn't -- there wasn't much blood
left on the floor. There was a few bruises. No, it was good.
And I see the City Manager here. And the way I understand it,
he will be presenting this Court in writing, maybe this
week -- we were talking about the 15th of the month -- some
detail for everyone to see so that a little later on, we can
sit	down eye-to-eye and	go	-- go through	the	process.	And so
his	information should	be	arriving over	here	in a few	days.
That's all I have. Thank you.
JUDGE TINLEY: Thank you. Commissioner Williams?
COMMISSIONER WILLIAMS: Fun day in Center Point last
Saturday. Had the big down-home parade, and the school had
its reunion, and fire department had its barbecue and dance,
and a lot of folks had a good time. And it's just a good
opportunity to see small-town America at its best, and it's a
good place to be on a Saturday, first Saturday after the
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July 4th holiday.
JUDGE TINLEY: Is that it?
COMMISSIONER WILLIAMS: We missed you.
JUDGE TINLEY: I was at the barbecue.
COMMISSIONER WILLIAMS: Really?
JUDGE TINLEY: Oh, yeah. I showed up for eating,
you bet you. I was a little late getting down there; I didn't
get town there until close to 1 o'clock, I guess, but I
managed to make the barbecue and see a lot of folks. And
they, obviously, were pleased with the parade and the turnout,
and everybody seemed to have a great time.
COMMISSIONER WILLIAMS: Fun day.
COMMISSIONER LETZ: Representative Hilderbran was
Grand Marshal of that parade.
COMMISSIONER WILLIAMS: Yes, he was.
COMMISSIONER LETZ: Was he at the barbecue?
COMMISSIONER WILLIAMS: I didn't see him at the
barbecue.
COMMISSIONER LETZ: I wasn't going to bring that up;
shouldn't say such things. On the EMS note, I received an
e-mail from Chief Holloway last week, trying to again get the
issue of eastern Kendall County resolved from an EMS
standpoint. It's been stuck in Kendall County for the better
part of a year. So, I'm going to be meeting with Rex after
this meeting and we're going to try to work on these contracts
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in Kerr County, and maybe try to get something done through
Kendall County. They've had them -- been working on the
contract, like I said, for the better part of a year;
nothing's happened yet. They've had some calls out there --
or a call recently out into Falling Waters, and it took them
over 30 minutes to respond. The person then didn't want to
transport, and there was lots of -- there were some
not-so-good feelings, I think, out of that whole incident.
So, Chief Holloway contacted me, and he -- his staff and
himself are -- are trying to work out any solution that they
can, and I appreciate him contacting me and getting it back
before the Court.
Also, as I look back in the audience -- almost
missed him -- a good friend of mine is here today, Paul
Stafford. Paul Stafford moved in not long ago, and we need to
offer a little bit of condolences to him for his misfortune,
or maybe good fortune. He moved in across the street from the
mayor of Kerrville. They were old friends for many, many
years from New Orleans, and after he was moving in, Gene came
across the road and they looked up at each other, and I think
they said a few choice words to each other. They were a
little surprised, I think.
COMMISSIONER BALDWIN: Shall we go back and pick up
my prayer again so we can include Mr. Stafford?
COMMISSIONER LETZ: That's it. That's all I have.
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JUDGE TINLEY: Commissioner 4?
COMMISSIONER NICHOLSON: Well, the summer camp
season is in full swing out in Kerr County, and there's a lot
of traffic. A lot of yuppie parents from Dallas are coming to
Kerr County and dropping a lot of money, and we appreciate
that, and the inns and B & B's are full. And some of them,
when they come out here, stop and buy some property, and begin
-- begin building their retirement homes, so construction is
really booming out in the western part of the county.
COMMISSIONER WILLIAMS: All over.
COMMISSIONER NICHOLSON: It's looking good, and
prices are up. It's hard to get contractors and
subcontractors, so there's quite a boom going on. That's all
I've got.
COMMISSIONER LETZ: Unfortunately, Kendall County
doesn't want any of it.
COMMISSIONER NICHOLSON: Yeah. Send them over here.
COMMISSIONER LETZ: They are. They're coming.
JUDGE TINLEY: Thank you. Well, let's get on with
the business and go to the first item on the agenda, to
consider, discuss, and take appropriate action on a joint
resolution of cooperation between the City of Kerrville and
Kerr County for developing an economic incentive strategy. I
put this on the agenda at the request of Ms. Wendele from the
City. This resolution was passed by the Kerrville City
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Council at its last meeting, which would have been on the --
MS. WENDELE: 27th of June.
JUDGE TINLEY: 27th, okay.
MS. WENDELE: Yes, sir.
JUDGE TINLEY: And, Ms. Wendele?
MS. WENDELE: Thank you, Judge Tinley,
Commissioners. The Judge is exactly right. The Kerrville
City Council passed a resolution at their June 27th, 2006
meeting concerning creating a -- a resolution that hopefully
you will consider and approve today as a joint resolution to
-- whereby creating a nine-member steering committee to help
us form a joint, if you will, economic development strategic
plan, which would include some incentives. Just as a little
bit of history, you -- I'm sure you've been reading for the
last several, several months that the City of Kerrville, which
is, of course, a 4-B sales tax city, has been working on
guidelines and procedures for expending funds with our
Economic Improvement Corporation. Those policies and
procedures were approved in May by the City Council.
However, all along, the discussions were that we
needed an overall strategic plan. Plus, 4-B sales tax funds
is just one part of -- one component of an overall plan. The
-- the thought process was that the City and the County could
create this nine-member board that would include at least one
member of the Economic Improvement Corporation. Other members
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could be made up of County Commissioners Court, City Council,
Their task would be -- this committee's task would be gaining
community input, making a specific recommendation as they
gather their information on how to proceed with creating a
plan that would incorporate the city and the county to do --
build on the City's and the County's best -- best assets as we
go forward in our economic development world, as you will.
The Economic Improvement Corporation did have a moratorium on
funding that they lifted at their June meeting, and they have
received these -- these guidelines for 4-B. And they too are
interested, very much so, in having an overall economic
development strategic plan.
So, we ask of you today to take into consideration
the approving of this resolution to join with -- with the City
and the others mentioned before by approving the resolution.
And I think that there might be some conversation during -- on
this topic. Mr. Hofmann is here, of course, our City Manager,
that might -- if you have questions for him, he can certainly
address those. But you might have this on your agenda for
your July 31st joint meeting with the City Council so that you
might talk about procedures of appointing committee members
and going forward. I'll be happy to answer any questions, or
Mr. Hofmann may be answering questions also.
COMMISSIONER BALDWIN: I do have a question.
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MS. WENDELE: Mm-hmm?
COMMISSIONER BALDWIN: In regards to the nine-member
board, one should be from the E.I.C. That leaves eight. And
I'm assuming -- is it your vision that the Court recommend
four and the City recommend four? Or --
MS. WENDELE: That's a very good question,
Commissioner. I think that's one of the procedural questions
that you might speak about together as you and the Council are
together on July 31st, so you can all be in the same room to
talk about that.
COMMISSIONER BALDWIN: Thank you.
MS. WENDELE: Mm-hmm.
COMMISSIONER WILLIAMS: I think this is a step in
the right direction. As you know, you and I both served on a
kind of an ad hoc committee, Mindy, that wrestled with this
issue for some time, and we looked at a lot of papers and we
had a lot of meetings, but we really didn't get anywhere, and
the bottom line was we didn't get anywhere. So, I think if we
can have a -- a committee charged with the responsibility of
developing a policy that both the City Council and
Commissioners Court can address and hopefully sign off on,
that's a positive step.
COMMISSIONER LETZ: I think it's a real good step.
I visited with Guy Overby several weeks ago, or maybe longer
than that -- probably longer than that now, about doing
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something just like this. I'm real happy to see that the City
took the initiative to -- to get the ball rolling. I think
development. I think -- I mean, we have the E.I.C. The City
certainly is very active, and the County doesn't have a
separate arm, so to speak. We rely on E.I.C. primarily -- not
E.I.C., K.E.D. F. primarily. And I think it's -- this is a
real good step, and I think it should be on the agenda so we
can figure out how to appoint members.
On Commissioner Baldwin's comment that we appoint
four, they appoint four, I would really -- we can certainly
discuss that. Based on what's happened at the airport
recently, I hate -- whenever we -- I don't want us to be at
odds with each other, and it's us against them. And I figure
there's some sort of way -- I think it's really more the
entities that need to be represented, possibly, and let those
entities possibly represent -- have people represent them,
maybe some at-large or some combination of all of the above.
But I think it's a -- it's clearly something we need to be
working together on. This benefits the city and the county
and all the taxpayers.
COMMISSIONER NICHOLSON: Yes, I agree with
everything I've heard you say, and I think it's really
important. And the -- the debate over what the strategy
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should be should be interesting. I think that it's --
ofttimes, we assume that there's a lot of support for economic
development, and that may not be entirely the case. There's a
lot of -- of support for, after you move here, lock the gate;
don't get let anybody else in. So, I think we need to at
stake in it.
COMMISSIONER LETZ: I think you have a good point,
that we need to include people that are not always real
pro-economic development. Like, the Chamber and E.I.C.,
K.E.D.E., they're all obviously pro this. And there's a lot
of constituents of both the city and the county that are not
pro. They look at this as costing them money, and they don't
want to spend money on anything. And they're usually a pretty
strong force, whether it's a county issue or city issue, so I
think they need to at least be given an opportunity to
participate.
COMMISSIONER BALDWIN: In regards to your locking
the gate after you get moved in here, I have talked for years
to TexDOT, trying to get one-way signs all pointing out, but I
have found that that doesn't work, and they are going to come
here and build and buy and do things, regardless of who you
are and what you do. So, I think the best plan is to prepare
and try to stay out in front of them, and this Court does
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that. And this is another -- another vehicle to do that with.
I know the Judge has talked about -- many times about trying
to get the -- or how to -- how out of kilter the taxes are,
and we need to get the businesses back up with the -- with the
ad valorem taxes. And this is a great, great program. I
think it's a good start.
COMMISSIONER LETZ: I'll make a motion to approve
the resolution and add it to our agenda for our joint meeting,
whenever that is, end of July or early August.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
COMMISSIONER NICHOLSON: I just wanted to add on to
what Commissioner Baldwin was saying. Particularly last year,
it seemed like every week you'd pick up the San Antonio
newspaper, and they're getting 100 more jobs here and 400 more
jobs there. The business environment in San Antonio is
amazing.
COMMISSIONER WILLIAMS: It is.
COMMISSIONER NICHOLSON: And we're not very far
away. We should get some of those good, high-paying jobs.
COMMISSIONER WILLIAMS: In that context, I was
hopeful that we would get some of those suppliers, but thus
far, that hasn't happened.
JUDGE TINLEY: As Commissioner Baldwin mentioned,
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our -- our distribution of our tax base on the residential ad
redistribute that tax base, and the only way to do it, in my
opinion -- well, we can stop residential growth, I suppose,
but I don't think you're going to do that. The other option
is to increase your business and commercial and industrial
activity upon which your tax base is dependent. I'm sure the
members of the Court recall, two or three years ago I put on
the agenda of the court the appointment of a committee to come
up with some strategies, with input from all taxing
jurisdictions or government jurisdictions, to try and create
some sort of a baseline matrix of incentives for -- for
economic development, because we're in a competitive
environment, and we need to know what our competition is
doing. When they -- when they reach out, they're trying to
attract new businesses, or even come after our existing
businesses. There's a lot of that going on. Just because
they're already here doesn't mean we've got them captured. If
they desire to expand, there are other communities that --
that court them and offer them incentives, and we need to be
in a position to give them some -- some incentives so that
they can expand their business operations here and remain
here. And I -- I think it's an absolute must for us to move
forward on economic development to have that incentive
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strategy that's signed off on as a baseline by all the
governmental entities that have any control over those
incentives. So, I think it's -- it's an absolute must-do step
before we can move forward, and I wholeheartedly support it.
Any other question or comments? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item Number 2, if we might. Consider, discuss, and take
appropriate action to approve a data processing service
agreement between Kerr County and Indigent Healthcare
Solutions, Limited, for the administration and claims
processing related to the indigent health care program.
Mr. Tomlinson?
MR. TOMLINSON: I have with me a contract with
the -- with Indigent Healthcare Solutions, Limited, for data
processing service agreement. You all do not have a copy of
it. It's currently with the County Attorney, and has been for
the last, probably, 10 days. We're trying to work out some
details with the other party. This contract will be effective
September the 1st. It's for two years, to expire September
the 1st of 'O8. There is a funding clause in the contract
that allows us to escape -- escape clause after -- after one
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year, so that is in the contract. This service agreement, as
the agenda item says, is for the processing of and
administration of our Indigent Health Care program.
Currently, we -- we are under contract with a firm in Houston
called VeriClaims, Inc., and under that contract, we -- the
County is paying 4.5 percent of our eligible expenses for the
year for their service. This -- this contract is a monthly
amount of $1,388 per month. It's for two users. Our
person -- our representative at Sid Peterson Hospital that
administers this program will be able to access the software
via the Internet. We're not required to purchase any
equipment of this -- the software will be hosted via the
Internet at the company headquarters in -- in Conroe, Texas.
So, I'm presenting this to you today for approval, subject to
the finalization and approval by the County Attorney.
COMMISSIONER BALDWIN: Tommy, does this company
replace VeriClaims?
MR. TOMLINSON: Yes, it will. Our contract expires
with VeriClaims September the -- August the 31st.
COMMISSIONER BALDWIN: Okay. And why -- why are we
-- we've been with VeriClaims a long time.
MR. TOMLINSON: Long time, yes.
COMMISSIONER BALDWIN: And why are we changing?
MR. TOMLINSON: Well, I think the major benefit of
this -- of this software, it gives our administrator at the
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hospital	some technology	that'	s available	through	this	company
that she	-- that she does	not	have at the	present	time.	I
think it will really help that person in administering the
program. And I -- in other words, establishing eligibility,
keeping up with who's eligible and when that eligibility
expires and all those kinds of issues that relate to -- to
administration. Currently, she does all that manually. She
has no -- no help from a technology standpoint. The
administration part of the -- of the system then will
integrate	with --	with	the	invoice pavement side,	so
everything	that -	- that	our	administrator enters	on the
administration standpoint, we see. And then when -- when
invoices are presented for payment, we can do it internally,
rather than -- than sending invoices to VeriClaims, have them
approve them, send the checks back and -- and the billings for
your approval.
I think it will help also in the -- in streamlining
the effectiveness of the invoice payment. I think we will be
able to get our vendors paid more -- more frequently. As it
stands now, it's -- we have at least a 30-day turnaround for
invoices, paying our vendors, so I think -- I think this will
help that situation. Also, through -- through this process,
we can include all the inmates at the county jail, and those
inmates become -- all of them, 100 percent, become eligible
for indigent health care, and we can enroll them -- those
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inmates through this system to make sure that -- that the
County pays only the amount that the State allows for
medications and medical procedures. Right now, we are paying
full price for every procedure and every medication that
inmates are -- are utilizing.
COMMISSIONER LETZ: Tommy, so this -- I mean, this
is going down the path to where we were trying to go when we
met with the representative from Sid Peterson Hospital, to get
a lot more local control under our indigent health care and
start getting -- be able to --
MR. TOMLINSON: I think that's --
COMMISSIONER LETZ: -- reject more people, probably.
And, plus, we're -- this would cost us about half what we're
currently paying -- less than half of what we're currently
paying.
MR. TOMLINSON: I think that's a fair statement,
I Yes.
COMMISSIONER BALDWIN: Did you say that 100 percent
of the prisoners are automatically enrolled in indigent health
care?
MR. TOMLINSON: It has -- there has to be a
resolution passed by the Court that allows that to happen, but
that is a possibility. And --
COMMISSIONER BALDWIN: What if you have -- what if
you have a guy with -- that's wealthy, like Rusty Hierholzer,
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that has a fireplace in his trailer. (Laughter.) The -- I
mean, you automatically enroll him in indigent health care?
MR. TOMLINSON: That's right. That's exactly right.
COMMISSIONER BALDWIN: And then, once we find that
he's wealthy, then he's kicked out? Are we -- I'm not
following.
MR. TOMLINSON: Well, I think because they're
incarcerated, they become indigent. They have -- they have no
way to provide for themselves. So, what it does, I think, is
it will -- it will save us -- save the County -- I've seen
numbers from other counties up to 50, 60 percent on the
prisoner medical. It also gets us to our -- our 6 percent or
our 8 percent quicker, and so we're -- total, we're not out
any more funds. I mean, when we reach 8 percent, we can't go
past 8 percent. So --
COMMISSIONER LETZ: Assuming the State has funds
budgeted.
MR. TOMLINSON: Assuming that they do have funds.
That is a big assumption. But -- but I just think that
there's an opportunity there for us to streamline the program
I and -- and benefit from savings that we could derive at the
prisoner --
COMMISSIONER WILLIAMS: How about the youth at the
Juvenile Detention Facility? They, too, can be covered?
MR. TOMLINSON: Right now, we -- I don't think we
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have that much at the facility, because they're just --
they're there for very short periods of time. Now, if we have
postadjudicated residents, then I would say yes.
JUDGE TINLEY: The discussions I've had with the
indigent health care representatives have indicated that they
have gone into various jurisdictions and have actually pulled
out chunks of -- two months, for example, of medical bills in
a jail facility, and have shown that through their program,
the percentage savings or the amount that would have been paid
under their program would have been significantly less.
What -- what are those percentages? Where do they run?
MR. TOMLINSON: I've seen it as high as 60 percent.
JUDGE TINLEY: We have an obligation to provide
medical services to anybody we have incarcerated, and we
provide those services now, and then we may or may not take
whatever means we have available at our disposal to try and
collect that from the inmate or any insurance the inmate may
have. Is that where we are now?
MR. TOMLINSON: I think so. That's a good --
JUDGE TINLEY: What do we collect from inmates -- or
what have we collected in the past year from inmates for their
medical -- medical treatment that's been provided for them
while they were incarcerated?
MR. TOMLINSON: Percentage-wise, I don't think it's
significant.
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JUDGE TINLEY: Okay. Sheriff, you've got some
SHERIFF HIERHOLZER: I don't have any exact numbers.
It is -- I don't think, in this county, that we will see quite
a 50 or 60 percent savings, because over the last five or six
years, we have worked with Sid Peterson Hospital and them over
billing of inmates, such as if an inmate comes in with an
illness that he's already had prior to being incarcerated, the
hospital bills that inmate. Probably, technically, under the
law and that, we could be billed for it. We may see that
start to happen, so that could, you know, raise our costs up,
which, true, we can go through there and get some savings. On
prescriptions, now, I do have anywhere from a $6,000- to
$8,000-a-month prescription bill for inmates, okay? On actaal
prescriptions ordered by the doctor. Now, that would be a
huge savings, probably, on those prescriptions, but right now,
until this new system -- we've got some bugs in it, the
computer system, but we had been billing those inmates for
those prescriptions and collecting that portion of that money
back out of the commissary account and then returning it back
to the account to be paid, so we're already getting some
reimbursements. But, yeah, it would help. I don't know if
we'd see a 50 or 60 percent.
~~ COMMISSIONER LETZ:
Rusty, I know we don't have a
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someone comes in that has the financial means and has private
insurance, whether it's -- wherever, are we obligated to pick
that up, even though they have that insurance?
SHERIFF HIERHOLZER: Doesn't matter what their
status is. If they come in and have an illness while they're
in the jail, under the current state laws and that, the County
is responsible for any and all medical of inmates, period.
COMMISSIONER NICHOLSON: Next time I get sick, I'm
going to get Rusty to put me in jail.
SHERIFF HIERHOLZER: But -- yeah, that is
unfortunate, but we are obligated to do that.
COMMISSIONER WILLIAMS: That would be a situation
where the cure is worse than the illness.
COMMISSIONER LETZ: Okay. Well, anyway, is there a
reason we have to approve this without seeing a contract? I
know Rex's office -- is this a time-sensitive matter?
MR. TOMLINSON: I just want to make sure we have a
contract in place before we write a letter to VeriClaims
stating that we will not renew that contract.
COMMISSIONER BALDWIN: I've got a motion.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Just a minute. County Attorney?
MR. EMERSON: Just for purposes of information,
there were five issues that I have with the contract. In
principle, they've agreed to amend all those issues. I'm just
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waiting on the amendment.
COMMISSIONER BALDWIN: Based on the recommendation
of the County Attorney and approval of the contract with the
-- I mean, recommendation of the County Auditor and approval
of the contract with the County Attorney, I move approval of
this agenda item.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. 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. Thank you
very much. We'll move to the next item on the agenda;
consider, discuss, and take appropriate action to designate a
county representative with settlement authority to represent
the County in the E.B.A. litigation mediation. Mr. Emerson?
MR. EMERSON: Gentlemen, enclosed in the agenda item
was a letter from Mr. Walraven, who -- currently, they're
working on a mediation date for the E.B.A. case sometime
around the end of July, first part of August. But principal
to any mediation is, you have to have somebody from each party
that has the authority to make a decision at the mediation,
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and as such, Kerr County needs to appoint a party or parties
to represent them at the mediation that have the authority to
settle the issue.
COMMISSIONER BALDWIN: Do you have that authority?
MR. EMERSON: No, sir.
COMMISSIONER BALDWIN: You, personally, as the
County Attorney?
MR. EMERSON: No, sir.
COMMISSIONER BALDWIN: Chicken. Well, and you said
"party" or "parties," so it could be more than one?
MR. EMERSON: Correct. It's the Court's discretion.
COMMISSIONER BALDWIN: Could it be all five of us?
MR. EMERSON: I don't know that that would be a good
idea.
COMMISSIONER BALDWIN: No, I'm just asking.
MR. EMERSON: Practically speaking, it could be,
I but...
COMMISSIONER BALDWIN: Yeah, we could play tag on
the thing. I've got a motion, ready to go.
COMMISSIONER WLLLIAMS: Make it.
COMMISSIONER BALDWIN: I move that we appoint the
County Judge and Commissioner Letz as our designated
representative with the settlement to -- with settlement
authority to represent the County in the E.B.A. litigation
mediation.
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COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: He didn't talk to you first?
COMMISSIONER LETZ: My question is, I would feel a
lot more -- I don't -- I'll be glad to do it; I think we need
to get the lawsuit behind us, and I think it's -- I have no
problem at all with the Judge and myself being appointed to do
it, but I would like a little bit of guidance from the Court
as to what type of a settlement they think is appropriate. Or
is that something that's -- just leave it up to the Judge and
I? We always agree on everything, so that shouldn't be a
problem. (Laughter.)
JUDGE TINLEY: Of course, if we're going to talk
about guidelines, that's something we need to go into
executive session about; it's a litigation item. But, --
COMMISSIONER LETZ: I mean, I --
JUDGE TINLEY: -- you know, this -- this thing could
come from any direction, and I don't know what we're going to
be presented with. The good news is, we're going to have --
we're going to have 'our attorney who's representing our
interests there to -- to consult with, and that's probably the
best thing we got going with us. And then we make a business
judgment decision as to whether or not we think it's -- it's
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appropriate, in the County's best interests or not. And, of
course, he's going to give us his thinking and recommendations
or pros, cons, whatever, and the best thing we got going is
our lawyer that's representing us. He'll be there, available
to us.
COMMISSIONER LETZ: So, really, I mean, playing the
what-if game now really is a waste of time.
JUDGE TINLEY: That's my thinking.
COMMISSIONER NICHOLSON: I promise not to
second-guess you when you settle it.
JUDGE TINLEY: Any other 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 go to
Item 4, if we might. Consider, discuss, and take appropriate
action to set a public hearing for the revision of Tracts 7
and 8 of Treasure Hills Subdivision, as set forth in Volume 5,
Page 50, Plat Records, and located in Precinct 1.
MR. ODOM: Yes, sir. This revision is to be done
under the alternate plat process. One neighbor is selling the
other 44 hundredths of an acre. The smallest lot will be
13.66 acres. Request the public hearing to be set for
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August 28, 2006, at 10 a.m.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to set a
public hearing on the agenda item -- as requested on the
agenda item for August the 28th, 2006, at 10 a.m. 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. We'll move to
Item Number 5; consider, discuss, and take appropriate action
to change the name of a preliminary plat from Cypress Springs
Estates, Phase 2, Section Two, to Vistas Escondidas de Cypress
Springs Estates, and located in Precinct 4.
MR. ODOM: Yes, sir. The preliminary plat for
Cypress Springs Estates, Phase 2, Section Two, has been
approved, but the final plat will not appear before the Court
until July the 24th, 2006, sometime around that area. Kash
Morrow is requesting the name of the subdivision be changed to
Vistas Escondidas de Cypress Springs Estates. Our records
shows many Vistas, but nothing with that name. Therefore, we
have no objections to the name change.
COMMISSIONER NICHOLSON: Como se dice en ingles,
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Vistas Escondidas?
COMMISSIONER LETZ: Hidden views.
COMMISSIONER BALDWIN: Hidden views? This is really
getting good. Hidden views.
COMMISSIONER LETZ: I think that's right. Isn't it?
COMMISSIONER NICHOLSON: I'm going to move to ~'~.
approve the name change.
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.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 6; consider, discuss, and take appropriate action on
renewing the 2007 Texas VINE Annual Maintenance Grant Contract
and authorize the County Judge to sign the same. Sheriff?
SHERIFF HIERHOLZER: We need three signatures, and
here's three of the other ones that each need one signature.
COMMISSIONER WILLIAMS: Welcome back, Mr. Sheriff.
COMMISSIONER LETZ: How's the fireplace?
SHERIFF HIERHOLZER: How's what?
COMMISSIONER LETZ: Fireplace.
SHERIFF HIERHOLZER: It's nice, but I didn't get to
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notification system to where, if there's a person in jail on
family violence or -- or anything that has another person as a
victim, that person can call a phone number and register, and
if there's any status change in that inmate, whether he's
being released on bond, whether he's got a court date coming
up or anything else with him, that automatically calls that
victim, the system does, and lets them know what that status
change is and that this person's getting out of jail or things
like that. It's used statewide, and it's used in a number of
other states. It does not actually cost Kerr County anything
to do this. You have two different deals and items; it's 6
and 7. One is the maintenance contract itself with VINE, with
General's office. And it's a very useful tool, and it does
says that -- that even law enforcement itself -- the jail is
supposed to call the victim when a person's getting out of
jail and let that person know, and this allows that to be done
automated, and doesn't tie up our people all the time trying
to notify victims.
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COMMISSIONER BALDWIN: But it does say, "County
agrees to maintain the services in a manner consistent..."
SHERIFF HIERHOLZER: What we --
COMMISSIONER BALDWIN: Is there -- have we spent any
Kerr County taxpayers' money in maintaining this program?
SHERIFF HIERHOLZER: No.
COMMISSIONER BALDWIN: Are we talking about a
computer program?
SHERIFF HIERHOLZER: It's a computer program.
There's a computer that we have at the office that we have to
do monthly tests on. We have to print out, you know, test
sheets, and I actually get one of my guys to sign up for it
with an inmate, you know, and see if he gets automatically
notified, and it's just testing the system. We did have a
computer go out, and they replaced it -- Appriss replaced it.
Didn`t cost us. It all gets reimbursed by the Attorney
General's office.
COMMISSIONER BALDWIN: Super.
COMMISSIONER LETZ: And it's basically the same
contract as we had last year?
SHERIFF HIERHOLZER: Yes.
COMMISSIONER LETZ: Move approval of the VINE
contract.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
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of the agenda item. Any question or discussion?
SHERIFF HIERHOLZER: And to allow the County Judge
to sign same.
COMMISSIONER LETZ: And to authorize the County
Judge to sign same.
JUDGE TINLEY: Any questions or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 7; consider, discuss, and take appropriate action on
reviewing the 2007 Appriss, which is the provider of the VINE
service, service agreement, and authorize County Judge to sign
same.
SHERIFF HIERHOLZER: Same thing. This is just the
second half. Like I said, it's run through the Attorney
General's office, and that's who pays for it all. Appriss is
the company that actually administers and maintains it,
besides our local --
COMMISSIONER LETZ: Does the Attorney General's
office give Kerr County funds and Kerr County gives the funds
to Appriss?
SHERIFF HIERHOLZER: Yes.
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COMMISSIONER LETZ: Is that how it works?
SHERIFF HIERHOLZER: Yes.
COMMISSIONER LETZ: Move approval --
COMMISSIONER BALDWIN: Second.
COMMISSIONER LETZ: -- of the agreement with Appriss
to administer the VINE program.
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.
SHERIFF HIERHOLZER: Thank you.
JUDGE TINLEY: Thank you, sir. Let's move to Item
8; consider and discuss County Treasurer's notification that
her office will discontinue human resources functions as of
August 1, 2006; obtain clarification from Treasurer of what
functions or activities comprise or fall under "human resource
function"; obtain clarification from Treasurer of specific
duties or functions which are currently being performed
outside of her office and which she believes are required by
law to be performed by her office and should be returned to
her office; consider and discuss adequacy of staffing and
resources provided to County Treasurer's office and its
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This, as all of you know, is a carryover item
We received notification
from the County Treasurer that -- that effective August 1, she
was not going to perform a human resources function. That was
contained in a memo of June 12th, 2006. For planning
duties that were being performed outside of the Treasurer's
office that she asked be returned to her office as part of 'r~er
official lawfully designated duties. I want to know what
those are for planning purposes.
COMMISSIONER LETZ: On that point, I'll just add a
question, I think probably to the Treasurer. How are --
how -- or how were functions that are required by law to be
done by the Treasurer being done by somebody else? I don't
see that anyone has authority, including this Court, to
reassign responsibilities that, by law, go to any elected
official. And I just -- that's kind of a follow-up as to -- I
just -- I really have a hard time figuring out how that
happened. I presume it's done by the Court, maybe. I don't
know.
COMMISSIONER BALDWIN: Well, I agree with everything
that's been said.	Only	thing	I'd	like	to see changed on here
is this August 1.	I'd	like to	see	that	changed to October 1.
It's almost unreal	istic	for us	to	take	whatever those programs
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are and put -- put them in place under us. I just -- that's
pretty -- going to be pretty hard to do in a short time frame.
And I would think October 1 is a more realistic time for us to
get -- to get all of our stuff done.
COMMISSIONER WILLIAMS: Commissioner Nicholson and I
have Agenda Item Number 11, which deals with a majority of --
of this discussion. That would be part of this discussion,
including the extension of that date. The question is, where
do you want to talk about it?
COMMISSIONER LETZ: Why don't you call both of them
at once, if they're related?
JUDGE TINLEY: Well, my impression was that Item
Number --
COMMISSIONER BALDWIN: 8.
JUDGE TINLEY: -- 11 was an executive session item
dealing with particular employees.
COMMISSIONER WILLIAMS: Yes.
JUDGE TINLEY: We're dealing with functions here,
and I don't think that's an executive session item. I think
we're dealing in a -- more in a structure situation. And --
COMMISSIONER WILLIAMS: Item 11 deals with both
aspects, Judge. It deals with a reassignment of
administrative functions, as well as the personnel issues.
COMMISSIONER LETZ: But I think they're separate
issues. I would agree they're separate issues. One's -- you
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know, we really need input from the Treasurer. The other one
is a -- once we get that input, we need to make a decision.
JUDGE TINLEY: That's my feeling. Until we know
what's coming away from there and what's going back from
there, it puts us in a position where we can't make a
meaningful decision as to how to do any reorganizations or how
to restructure or -- or how to assign particular duties, if we
don't know what's included or what's not included.
COMMISSIONER WILLIAMS: I believe we plan to share
that with the Court under Item 11.
COMMISSIONER LETZ: Barbara?
JUDGE TINLEY: Not in executive session. I don't
think we can, is the problem with it, what I see.
COMMISSIONER LETZ: Are you feeling better?
MS. NEMEC: Yes, I am. Thank you. What questions
may I answer for you?
JUDGE TINLEY: On the human resources item that you
refer to in your June 12 memo that you were no longer going to
perform effective August 1, 2006, does keeping and maintaining
personnel files of each county employee fall under that?
MS. NEMEC: Yes.
JUDGE TINLEY: Does preparing reports and
documentation required by state and federal agencies regarding
personnel matters fall under that?
MS. NEMEC: No.
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COMMISSIONER LETZ: What -- the "yes" is to -- is
your responsibility or is not your responsibility?
MS. NEMEC: That is my responsibility, what he's
reading off there.
COMMISSIONER LETZ: Okay. Filing reports related to
~ personnel?
MS. NEMEC: Yes, like the 941 reports. Those are my
responsibility.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay. So, you're --
MS. NEMEC: And, really, the question is here --
y'all had talked about outsourcing payroll, and a lot of that
is going to have to do with -- with what your decision on that
is. And let me interject here that Commissioner Williams and
Commissioner Nicholson and the Auditor and I had a meeting to
talk about the human resources and the payroll functions, and
at that point we came up with September 30th as a date, if
those functions were, indeed, going to be transferred
somewhere else. At that meeting, also, I informed both
Commissioners that if my office was adequately staffed to
continue these services, that I would be glad to do it. But
as it is now, it is not, and in order for it to function
appropriately, it would be -- I would need to be adequately
staffed. So, again, that's something for you all to consider
also.
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JUDGE TINLEY: Let me inquire, if I might. In your
response to my inquiry as to preparing reports and
documentation required by state and federal agencies regarding
personnel matters, you indicated that that did not fall under
the human resource function that you gave us notice about. Is
that what I'm understanding? But only as it relates to 941
reports?
MS. NEMEC: I'd have to -- I'd have to go back and
look what falls under that law, but I know the 941 reports is
one of them.
COMMISSIONER LETZ: Probably under Texas Workforce
Commission would be the same. That's the same basic thing.
MS. NEMEC: Right.
JUDGE TINLEY: The Texas Workforce Commission
report, that would also remain in your office? Is that what
I'm hearing from you? It didn't fall under the -- the human
resource function that you notified us about?
MS. NEMEC: I'm not real sure. I've been in contact
with the Treasurers Association, and they are rewriting our
manual as to what our constitutional duties are. That hasn't
been adopted yet. It's almost finished, and I'd be more
prepared to answer those questions when that manual is, in
fact, adopted by the association.
JUDGE TINLEY: Is maintaining time records, is that
a human resource function?
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MS. NEMEC: I believe so.
JUDGE TINLEY: All right. Is monitoring
accumulations of vacation, sick leave, and overtime a human
resource function?
MS. NEMEC: That's either a human resource function,
and also with the time records, or a payroll function. And I
had stated in my memo that I would be glad to sit down with
the County Attorney and a member of this Court to determine
what functions were human resources or payroll, or which were
under my -- fall under, you know, my constitutional duties.
I'm not prepared to answer all those questions here in court.
I had asked for a separate meeting for all that.
JUDGE TINLEY: Is administering benefits -- the
benefits programs, is that a human resource function?
MS. NEMEC: Yes.
JUDGE TINLEY: Is working with the County Auditor in
matters of accounting and compensation a human resource
function?
MS. NEMEC: Either that or a payroll function.
JUDGE TINLEY: Is payroll preparation a human
resource function?
MS. NEMEC: No.
COMMISSIONER LETZ: A payroll function, correct?
MS. NEMEC: Right.
JUDGE TINLEY: Is preparation and filing of all
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I.R.S. and Social Security reports a human resource function?
MS. NEMEC: No.
JUDGE TINLEY: Is administration and execution of
the voluntary payroll deductions for voluntary insurance
programs for employees, such as AFLAC, is that a human
resource function?
MS. NEMEC: Not the deduction or the payment of
them, but the administration of it.
JUDGE TINLEY: So, the administration, no. The
execution, yes. Would that be the same with regard to
voluntary payroll deductions for credit union payments?
MS. NEMEC: Yes.
JUDGE TINLEY: Okay. Retirement reports and
contributions, is that a human resource function?
MS. NEMEC: Again, the administration of that is,
but the deduction and the payment is not.
JUDGE TINLEY: The health benefits programs, the
life insurance component of that, is that a human resource
function?
MS. NEMEC: The administration part of it, not the
~ payment.
JUDGE TINLEY: Would that be the same answer for
administration and contribution to the County health plans?
MS. NEMEC: Yes.
JUDGE TINLEY: Would that be the same -- what about
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the HIPAA program?
MS. NEMEC: HIPAA is a human resource function, and
so is F.M.L.A.
JUDGE TINLEY: Okay.
MS. NEMEC: And the title of Safety Coordinator, I
believe that would be a human resource function.
JUDGE TINLEY: Okay. Would it be the same as COBRA?
MS. NEMEC: Yes.
JUDGE TINLEY: Okay. Matters concerning the health
reimbursement accounts, would that fall under human resource
or not?
MS. NEMEC: Health reimbursement accounts as far as
what? We have so many different...
COMMISSIONER WILLIAMS: Part of the health insurance
program.
JUDGE TINLEY: It's part of our health benefits
~ program.
MS. NEMEC: The reimbursement -- anything having to
do with financing is part of the payroll function.
JUDGE TINLEY: Okay.
MS. NEMEC: Anything having to do with the
administration of it is a human resource function.
JUDGE TINLEY: Okay. How about Comptroller's
~ reports?
MS. NEMEC: That would be a County Treasurer
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function.
JUDGE TINLEY: Okay. How about the grade and step
schedule?
MS. NEMEC: I think that's a payroll function.
JUDGE TINLEY: Okay. So, that would be included in
-- that would not be included in a human resource function; is
that what you're telling me?
MS. NEMEC: No, that would be a payroll function.
JUDGE TINLEY: Okay. Personnel schedules?
COMMISSIONER LETZ: I have --
MS. NEMEC: Payroll function.
JUDGE TINLEY: Pardon? Payroll?
COMMISSIONER LETZ: -- a comment, if I may. Can we
go back to step and grade? The -- I presume you -- the
payroll portion of that is the dollar amount that's attributed
to it, but the actual creation of the step and grade system,
seems like, is a human resource function, to me. I mean, I
don't -- I mean, to me, I don't see --
COMMISSIONER WILLIAMS: That's the way I see it,
I too.
COMMISSIONER LETZ: That whole system is a human
resources -- is part of how we do our whole structure. But I
agree that the -- to make sure it stays in balance, as I
understand it, payroll covers everything about money, and as
the money relates to the step and grade system, which
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obviously it does.
MS. NEMEC: And payment of it.
COMMISSIONER LETZ: And payment of it, it is.
MS. NEMEC: I would agree with that.
COMMISSIONER LETZ: Okay. So, it's kind of both.
JUDGE TINLEY: How about the workmen's compensation
administration and reporting?
MS. NEMEC: I believe that's a human resource
function.
JUDGE TINLEY: Okay. I believe you said the safety
program was a human resource function?
MS. NEMEC: Yes.
JUDGE TINLEY: The coordination of that?
MS. NEMEC: Yes.
JUDGE TINLEY: Are there any other functions or
duties or tasks that you've been handling that you will not be
handling under your notification to us that fall under the
category of human resource function?
MS. NEMEC: No.
JUDGE TINLEY: Okay. What about --
MS. NEMEC: Not that I know at this time. Like l
said, I was prepared to sit down with a member of this Court
and the County Attorney and go over the Constitution and the
Treasurer's newly revised manual, once it was done, and then
go from there to be able to answer any -- answer more of these
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questions.
JUDGE TINLEY: Okay.
MS. NEMEC: As my memo stated.
JUDGE TINLEY: In your memo, you indicated that
there were duties that were being performed by other offices
or employees that properly fell under your purview by law,
that needed to be returned to your office.
MS. NEMEC: Again, that's something --
JUDGE TINLEY: What do those include?
MS. NEMEC: That's something that the Treasurers
Association and the Auditors Association is trying to work out
and determine, because it's done differently in different
counties, is the input of the accounts payable. Some believe
that the Treasurer's office should be inputting the accounts
payable and the Auditor's office should be auditing them, but
it's done differently in all counties. So, again, that's
something that the Auditors and the Treasurers Association is
trying to work out right now.
COMMISSIONER LETZ: I guess my --
JUDGE TINLEY: So, you're unable to give us an
itemization of those specific duties that are being done
outside of your office that you think should be returned to
your office? i
MS. NEMEC: Right.
JUDGE TINLEY: Okay, thank you.
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COMMISSIONER LETZ: Question. You referred several
times to the Treasurer's manual, and I understand that's a --
a cleaner way to look at it, but the statutes are the
statutes. I rely much more on the County Attorney's
interpretation than on what some association says, and I look
at the County Attorney as an arm of the Attorney General in
that area -- in that respect. So, to me, I have no -- 2 agree
that reading through the statute and accumulating all that
information is very difficult, but I really look more to Rex
as to what your duties are than an association's
interpretation of the law.
MS. NEMEC: In the manual -- I've seen a rough
draft, and it refers to a lot of statutes also. But, you
know, that is why I wanted to get with the County Attorney,
because I felt that would be the best way to -- to determine
i it for our county, whether it was being done correctly.
COMMISSIONER LETZ: I mean, I think that the -- to
take up your offer, I mean, I think that I'd really like to
see you and Commissioner Williams and Commissioner Nicholson
and Rex sit down and go over this. And subject to what we
have on our next agenda item, they may have done a lot of
this. But I think, for the benefit of the taxpayers and our
employees, this needs to be a smooth transition, and I think
we need to try to work together. ~
COMMISSIONER WILLIAMS: I think when we get into
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Item Number 11, Dave and I are going to talk about the human
resource and the payroll aspects of it. We're not -- at least
I'm not prepared to mix apples with oranges at this point in
terms of returning things to the Treasurer that may be in some
other department. We didn't deal with that. We dealt with
the human resource and payroll aspects, and that's what we're
going to talk to you about.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Let me get my question -- I'm
sorry. Did you --
COMMISSIONER NICHOLSON: Well, to clarify it, I
think what we'll do in Item 11 is that we'll -- we will
propose a list of responsibilities that we believe are part of
the human resource function, and we'll do that, of course, in
open session and closed session. We'll talk about people we
have that can -- if we adopt that plan to establish a human
resources officer, then we'll -- in closed session, we'll talk
about who might be candidates to do that.
COMMISSIONER LETZ: And that -- so, I mean, what
It's just
we're making it clearly defined as to, this is human
resources, this is payroll, these are Treasurer's
responsibilities, these are other responsibilities that need
to be done by somebody. I think that will be a very useful
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discussion.
COMMISSIONER BALDWIN: I've got one question. And,
Barbara, you have to remember, I'm the nicest guy in this
town, okay? You said something earlier like -- and I can't
remember exactly how you said it, but you said something like,
if your office was adequately staffed, you would be willing to
keep all of these things.
MS. NEMEC: Right.
COMMISSIONER BALDWIN: I'm not following.
MS. NEMEC: Okay.
COMMISSIONER BALDWIN: You and I both know -- or we
all know that we budgeted for a third person in there that --
that you have never filled.
MS. NEMEC: Okay, let me explain that.
COMMISSIONER BALDWIN: Okay. I'm -- okay.
MS. NEMEC: When my chief deputy left in November, I
decided not to hire anyone, because in March we were going to
go into the new system. If I had hired someone in November,
it wouldn't have been cost-effective or -- or time-effective
to train that person on the old system and then have to train
on the new system, so I waited. Then, when we got the new
system, or were in the process of getting the new system, we
were told that this new system was going to alleviate a lot of
the manual payroll functions that we were doing, and so I
thought, well, okay, then I'm going to wait. I'm going to
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give it a chance to work. Maybe I don't need to fill that
position. As it stands now, that has not proven to be true,
so that position does need to be filled. Then we're talking
in court, and I'm being told -- or we're being told budget's
coming up, you know, there are going to be more cuts. Well, I
refuse to hire someone in June or May, and then to tell them
that come October, they don't have a job, and so that's what I
was waiting on then.
COMMISSIONER BALDWIN: Okay.
MS. NEMEC: And, so, what I'm saying now to the
Court is, I am willing to continue these functions, but they
are two separate functions, and -- and my staff -- my office
cannot efficiently perform them any longer by just filling
that one vacancy. It is a human resource position and a
payroll position, and in order to continue this service, I
would need my payroll position guaranteed so that I can hire
someone and let them know that they do have a position. And
then I would need to hire a human resource officer.
COMMISSIONER BALDWIN: You have to agree, this Court
did the right thing by budgeting another slot there. And I'm
sorry that everything kind of fell apart through the --
MS. NEMEC: Yeah, and there were just different
circumstances then that I was waiting for, and -- you know, as
things came up. So, that's -- that's why.
COMMISSIONER BALDWIN: But -- so we can't blame
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anybody with -- if we're going to blame anybody, let's blame
the I.T. guys.
MS. NEMEC: No, it was just circumstances. And 7
was the one willing to wait to make sure, you know --
COMMISSIONER BALDWIN: That's what I wanted to hear.
MS. NEMEC: -- that I wasn't overstaffing, and then
I wasn't going to hire someone and tell them you don't have a
job October 1. And, so --
COMMISSIONER BALDWIN: Thank you. This was a very
pleasant conversation.
MS. NEMEC: We a]ways have pleasant conversations,
Buster.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: On the I.T. thing, is the new -- the
new software programs, are they in place?
MS. NEMEC: New software programs? All that was
I~ said that was going to be in place, no, they're not.
i JUDGE TINLEY: Okay.
~ MS. NEMEC: There's not --
COMMISSIONER WILLIAMS: Talking about payroll?
i JUDGE TINLEY: Well, yeah, I'm -- specifically, T'm
talking about --
MS. NEMEC: No, we`re still doing -- we're still
i taking the same amount of time on our payroll like we used to.
Nothing has changed on that.
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COMMISSIONER LETZ: Is the I.T. guy here? There he
is.
JUDGE TINLEY: Did not the new software program
include an automated or streamlined payroll process?
MS. NEMEC: That has not been done.
COMMISSIONER LETZ: Judge, the I.T. man is sitting
right behind the Treasurer.
MS. NEMEC: Yeah, he'd be better to answer that. I
think there were some problems with getting started on that,
for whatever reason.
JUDGE TINLEY: Bottom line is, your office is not
using any different software or procedures for payroll than
you were using last year?
MS. NEMEC: We're -- we're using some, but not the
ones that had promised to downstream the payroll some. Those
are not -- those are not in place.
JUDGE TINLEY: Mr. Trolinger?
MR. EMERSON: I think you guys are getting outside
the line item.
COMMISSIONER WILLIAMS: Pardon?
MR. EMERSON: Getting into a specific discussion --
COMMISSIONER BALDWIN: Off the agenda item.
COMMISSIONER WILLIAMS: Yeah, it's better to talk
about it under Number 11, I believe.
COMMISSIONER LETZ: Okay.
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COMMISSIONER NICHOLSON: Stick around, Mr.
~ Trolinger.
COMMISSIONER LETZ: Don't leave.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: We want to know where we're
~ at.
COMMISSIONER WILLIAMS: It's part of the Number 11
discussion.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: I think it falls under the last
portion of that item, but that's okay. Do we have anything
more on Item Number 8? Okay, let's move on, if we could, to
Item 9. Consider, discuss, and take appropriate action on
quote for sidewalk construction at Kerr County Animal Control
Facility. I put this back on the agenda. You recall I had it
on before, but the following day, the City Council was due to
consider an ordinance relating to the exemption of the
sidewalk requirement under their codes for certain commercial
structures. The initial indication I got was that anything
east of 534, and I thought, well, this is good, 'cause we're
east of 534. The actual ordinance says that's east of 534,
but which fronts on Highway 27 or Highway 173. That doesn't
apply to us, so we're back to square one. So, the sidewalk
quote is back before you.
COMMISSIONER NICHOLSON; The facility is near
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completion. It's -- there's a few problems that need to be
cleaned up. It's not -- it's not currently usable until we
get some things corrected, and I'm not -- personally not in
any hurry to -- to make a deal to build a sidewalk. And I'm
not -- and perhaps we should seek at least a second quote on
it. So, it would be my choice to defer this --
COMMISSIONER LETZ: For months?
COMMISSIONER BALDWIN: January 1.
COMMISSIONER WILLIAMS: Are we subject to an
occupancy permit?
(Commissioner Nicholson nodded.)
COMMISSIONER WILLIAMS: Is this going to have any
bearing on that?
COMMISSIONER NICHOLSON: Yes, but it's not -- right
now, it's not holding us up with things that have to be done
before the facility is usable.
COMMISSIONER LETZ: But you can't wait much. I
guess the reason I said that, I wasn't -- it was facetious,
but not -- I took the opportunity over the weekend, or the
last week to drive around the city of Kerrville a fair amount
while Karen was shopping at H.E.B. and I had Sam and Gus in
the car sleeping, and I was astounded at areas in the city of
Kerrville where code compliance doesn't exist, evidently. I
mean, there are lots with garbage piled up in them and -- and
weeds, and cars piled -- I mean, driveways and things. All of
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these, I believe, are against the city ordinances. And I just
have a real problem with the City selectively enforcing their
codes, which it appears to me they are. So -- but if they're
going to delay an occupancy -- if it weren't for the occupancy
permit, I would say postpone it forever until they start
enforcing their other codes, but if that's not the case, we'll
have to go ahead and do the sidewalk, I guess, so we can walk
from the dog pound to the sewer plant.
COMMISSIONER WILLIAMS: Are you going to try for an
occupancy permit without it?
COMMISSIONER NICHOLSON: I don't think there's any
hope of that.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Anything -- anybody have anything
further to offer on that one? Okay, we will defer. Item 10;
consider, discuss, and take appropriate action on implementing
the burn ban.
COMMISSIONER BALDWIN: It's that time again,
gentlemen.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: And I move for approval.
JUDGE TINLEY: Motion made and seconded for approval
of implementation of the burn ban, as per --
COMMISSIONER BALDWIN: It gives each member the
authority to put on and take off. For 90 days?
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COMMISSIONER LETZ: 90 days.
COMMISSIONER BALDWIN: 90 days.
JUDGE TINLEY: As per the order submitted. 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: And in that context, the
burn ban will now be in effect in Precinct 2 until further
notice.
COMMISSIONER LETZ: And it is in effect in Precinct
3, and 1.
COMMISSIONER NICHOLSON: It's lifted in 4.
COMMISSIONER LETZ: Had all that rain out there.
COMMISSIONER BALDWIN: Judge, if 12 is an executive
session --
JUDGE TINLEY: I'm going to 13.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Reading your mind.
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: We're going to skip 12 for now and go
to Item 13; discuss and approve Adopt-a-Highway for
landscaping program for Saddlewood Estates. Commissioner
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1 Baldwin.
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3 the Cour
4 Saddlewc
COMMISSIONER BALDWIN: Thank you. Rex and I met --
happen here with this program, And bottom line is that th
didn't show up until Thursday morning to get this on the
agenda, and I tried to meet their needs. And there's some
parties that are involved -- Road and Bridge and County
Attorney's office -- that has not had the opportunity to look
at all of it and approve it, so they're just going to have to
wait two more weeks, and my feelings are not hurt at al].
COMMISSIONER LETZ: Commissioner, I am glad to see
this back on the agenda -- I guess, actually, back on the
agenda. I think I had it two years ago; it got shot down. I
think we need a county plan to do this, and it looks like we
may have two votes now.
COMMISSIONER WILLIAMS: Well, we've done it.
COMMISSIONER LETZ: We've done it, but we don't have
a policy. We've done it whenever someone really comes to us,
a case-by-case situation, but we need more of a policy,
really, for Road and Bridge as much as anybody, 'cause they're
the ones that make the signs and do things, at least so they
know what	the	plan is.	I think it	needs to be	as simple as
possible,	but	do give	appropriate	recognition.	
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COMMISSIONER BALDWIN: Well, with that in mind, you
might -- whoever puts the plan -- county-wide plan together, I
think that we kind of chipped away at the thing and dotted
some I's and crossed some T's through this, and so there's
some pretty good --
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: It's not all in our packets
today, but we have -- between Rex and I, we have a good
wheelbarrow full of information, and I think that we are
pretty close to having some good verbiage.
COMMISSIONER LETZ: Doing a great job.
COMMISSIONER BALDWIN: Thank you very much, Jon. I
really like you and your family, and ... (Laughter.)
COMMISSIONER WILLIAMS: Everybody's having a good
I time.
COMMISSIONER BALDWIN: This is good. I love y'all.
JUDGE TINLEY: Need some strolling violinists here?
Okay. Let me inquire, if I might, gentlemen, do we want to go
ahead and take care of the routine stuff, and then come back
to 11? Think that might be the best way to go?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: What we're probably going to do is
take care of the routine stuff and then take a break, and then
come back to it. Let's move to Section 4, payment of the
bills. We got to the Auditor early.
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COMMISSIONER NICHOLSON: Judge, when we get to Item
11, I think it would be advisable if the Treasurer and the
Auditor and the I.T. boss were here for the initial part of
that discussion.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: And the County Attorney.
COMMISSIONER NICHOLSON: The County Attorney,
certainly. The Sheriff left.
MS. PIEPER: He and the I.T. guy stepped out for a
second.
COMMISSIONER NICHOLSON: Probably smoking.
JUDGE TINLEY: Yeah, within 10 foot of the building.
Okay. First item is payment of the bills.
COMMISSIONER LETZ: Move we pay the bills.
COMMISSIONER NICHOLSON: Second.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: I have a motion and second to pay the
bills. Any questions or discussion? I want to -- the only
mention I would make is per the Sheriff's mention of his
pharmacy expense, I note that -- looks like we may have two
months included here, almost two months, which is about
$12,000 in prescriptions alone.
COMMISSIONER BALDWIN: That's got to be four months.
JUDGE TINLEY: No, it shows 4/21 to 5/18 and 5/19 to
6/19, so it's just a hair less than two months.
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COMMISSIONER BALDWIN: I thought he said three --
3,000 a month earlier.
COMMISSIONER LETZ: 6,000.
COMMISSIONER BALDWIN: Oh, 6,000.
JUDGE TINLEY: Yeah. I just offer that observation.
Any other question or discussion? All in favor --
COMMISSIONER BALDWIN: That's a lot of money.
JUDGE TINLEY: 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 go to
budget amendments. Budget Amendment Request Number 1.
MR. TOMLINSON: Number 1 is for the 216th District
Court. We need to transfer $2,200 from the Special District
Judges line item and $4,838.50 from Court-Appointed Services,
with $6,863.50 in Court-Appointed Attorney line item and $175
in Special Court Reporter line item.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request 1. Any question or discussion?
All in favor of the motion, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: A]1 opposed, same sign.
(No response.)
JUDGE TINLEY: The mot Lon does carry. Budget
Amendment Request Number 2.
MR. TOMLINSON: Number 2 is for the 198th District
Court. We need to transfer $5,095 from Civil Court-Appointed
Attorney line item to Court-Appointed Attorneys.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 2. 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 3.
MR. TOMLINSON: Number 3 is for the Jury. We're
requesting a transfer of $3,624 from Juror Fees to
Interpreters -- court interpreters.
COMMISSIONER BALDWIN: Tommy, what does this mean to
you? Don't just stand there and look at me.
MR. TOMLINSON: It means that we've -- I have two
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bills here. One's for five hours for Spanish interpretation,
and another for 37 hours.
COMMISSIONER BALDWIN: Are we -- are we arresting
more people that don't speak English?
MR. TOMLINSON: Don't get me to answer that
question. I don't know.
COMMISSIONER BALDWIN: Well -- or is it like -- how
many hours?
MR. TOMLINSON: 37 for one.
COMMISSIONER BALDWIN: 37 hours.
JUDGE TINLEY: And five.
COMMISSIONER BALDWIN: That means that there's a
long trial or something with somebody that doesn't speak
English?
COMMISSIONER LETZ: Long trial. Rex said long
trial.
JUDGE TINLEY: I think Mexican mafia.
MR. EMERSON: I would suspect that's related to the
Mexican mafia trial last month.
COMMISSIONER BALDWIN: And so it looks like that we
are going to quadruple -- at least quadruple our budget.
MR. TOMLINSON: That's the way it looks.
COMMISSIONER WILLIAMS: We're going to double it for
i sure.
COMMISSIONER BALDWIN: Am I the only one that sees a
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problem with this?
COMMISSIONER WILLIAMS: No, it is a problem. But,
you know, it's done -- had to be done.
COMMISSIONER LETZ: It's done by -- up on the second
floor.
MR. TOMLINSON: I will add that the -- the first two
amendments for the court -- for court-appointed attorneys,
those budgets are virtually gone. So --
COMMISSIONER WILLIAMS: They're what?
MR. TOMLINSON: Virtually gone.
JUDGE TINLEY: Oh, yeah.
MR. TOMLINSON: And, so, from this point forward,
for August and September, we're going to be increasing the
budget. We don't have any -- any other room to move funds
from.
COMMISSIONER BALDWIN:	Now, are	they -	- are they
related to the Mexican Mafia as	well?		
MR. TOMLINSON: It's -	- well, I	have -	- well, for
the 198th court, this amendment	represents	nine	different
cases, and for the 216th court,	17 cases.		
COMMISSIONER WILLIAMS:	Wow.		
MR. TOMLINSON: So you	can't say	that	it's --
COMMISSIONER BALDWIN:	Yeah.		
MR. TOMLINSON: -- one	or the ot	her.	
COMMISSIONER BALDWIN:	Probably	an increase in --
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probably an increase of arresting people that don't speak
English, it appears to me.
COMMISSIONER LETZ: It's also, though -- it's a sign
-- I mean, if you add the two together, we're going to spend
this year on indigent defense, whether it's through the civil
side or Court-appointed, about $250,000 this year.
COMMISSIONER WILLIAMS: And Child Protective
Services --
COMMISSIONER LETZ: Probably be closer to $300,000.
It'll be around $300,000 by the time the year's over. We've
spent close to $250,000 already.
COMMISSIONER WILLIAMS: And on Child Protective
Service cases as well.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: And one more thing, is that
', these things are in the district courts, which points out the
I level of the crime.
'~~ COMMISSIONER LETZ: Yeah.
~'~ COMMISSIONER BALDWIN: Some serious stuff going on
I out there.
JUDGE TINLEY: The County Attorney had a comment or
question.
MR. EMERSON: Just a point of interest. There's
a -- related to defendants that do not speak English and are
perhaps illegally in the country, there's a case going up
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through the Court of Appeals -- Criminal Appeals right now
that will be interesting to watch. The basic theory behind it
is that, by them being in the country illegally, all their
actions are illegal; therefore, all the funds that they've
earned since they've been here are illegal, meaning that their
bank accounts are subject to forfeiture and seizure for
criminal action. And that case is -- I think it's the Tarrant
County court that it's going through right now. It will be
interesting to see where the Court comes down on that.
COMMISSIONER BALDWIN: Hear, hear.
MR. EMERSON: So there may be room to go for
subrogation and get some of that.
JUDGE TINLEY: Can we pursue those earnings if
they're not in a bank account, if we can track them?
MR. EMERSON: That's the theory, so we'll see.
COMMISSIONER WILLIAMS: That's in appeals court now?
JUDGE TINLEY: What did the intermediate appeals
court rule? You said it's going before the Court of Criminal
Appeals?
MR. EMERSON: Correct. The -- the initial trial
court said yes, the intermediate court of appeals said no, and
they've taken it up to the --
JUDGE TINLEY: Okay. Petition for review?
MR. EMERSON: Yeah. The intermediate court thought
it was a stretch of the statute that wasn't what was intended.
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JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 3. 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 9.
MR. TOMLINSON: Okay. Number 4 is for County Court
at Law. We need to move $1,162 from Court-Appointed Attorney
line item to Master Court Appointments.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 4. 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
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Amendment Request Number 5.
MR. TOMLINSON: Number 5 is for Juvenile Detention
Facility. We're requesting a move of $140.45 from
Professional Services, $42 to Contract Services and $98.45 to
Resident Medical.
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 5. 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 6.
MR. TOMLINSON: Okay. Number 6 is for the
Courthouse and Related Buildings and Hill Country Youth
Exhibition Center. We need a line item adjustment to move
$7,475.43 from Utilities in the Exhibition Center, $2,000 from
Leasehold Improvements in the Maintenance budget, with $268.91
going to Supplies, $3,208.55 to Utilities, $3,501.49 to
Repairs and Maintenance, and $2,497.03 to Major Repairs.
COMMISSIONER WILLIAMS: The Utility account for
Courthouse and Related was underbudgeted, and Utility account
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for the Exhibit Center was overbudgeted?
MR. TOMLINSON: Yes. We have three more months to
go for utilities.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 6. 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 7.
MR. TOMLINSON: Okay. Number 7 is for the Juvenile
Detention Facility and Detention Maintenance. Requesting a
transfer of $752.57 from Professional Services for the
Detention Facility, going to Detention Repairs under Detention
Maintenance Department.
COMMISSIONER WILLIAMS: Do you know what that was
for?
MR. TOMLINSON: It's -- there's three bills. One is
to D.W. Electric, and it's -- one's for $54 to C.T. Robinett
Paint Store, and $262 is to Tri-Star Supply.
COMMISSIONER LETZ: So moved.
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COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 7. 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 8.
MR. TOMLINSON: Number 8 is for Rabies and Animal
Control. This -- this amendment projects through the end of
the year, and this is approved by the facility manager, to
move $340 from Group Insurance to Lease Copier.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 8. Any question or
discussion? All in favor of the motion, signify by raising
I
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 9.
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MR. TOMLINSON: Number 9 is for Constable, Precinct
3. It's approved by the constable to move $107 from Office
Supplies to Miscellaneous. It's -- the bill is for Sterling's
Public Safety for -- for uniforms expense. There's no line
item for uniforms in his budget, so -- he does wear a uniform.
COMMISSIONER BALDWIN: We don't provide uniforms,
i Constable 1 doesn't wear a uniform; he has his own. Maybe I'm
~ wrong.
COMMISSIONER NICHOLSON: Four doesn't wear one.
JUDGE TINLEY: I think 1 and 3 do, of what I've
seen. Constable Billeiter's generally in uniform, and
Constable Garza is. Generally, i see those two in uniform,
COMMISSIONER LETZ: I think they're in uniform, but
historically, we really haven't paid for it. But I kind of
look at it as, if that's how he wants to use his miscellaneous
funds, that's at his discretion.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Is that -- that was a motion, I
I assume?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: All right.
COMMISSIONER LETZ: And I'll talk to the constable.
JUDGE TINLEY: We have a motion for approval of
Budqet Amendment Request 9. Any question or discussion? All
in favor of the motion, signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget Amendment
Request 10.
MR. TOMLINSON: Number 10 is for Alternate Dispute
Resolution. This is in reference to Court Order 29744. The
Court approved payment of $17,000 to the Mediation Center, so
to do that, we need to increase the budget by $4,500.
COMMISSIONER WILLIAMS: So --
COMMISSIONER LETZ: Second -- was that a motion?
COMMISSIONER WILLIAMS: Well, yeah. I'll move it,
yes. But we're taking it from reserves?
MR. TOMLINSON: Yes.
JUDGE TINLEY: I have a motion to approve Budget
Amendment Request 10. Any question or discussion?
MR. TOMLINSON: I do need a hand check to go with
it.
JUDGE TINLEY: Okay. Hand check to Hill Country
Alternate Dispute Resolution Center?
MR. TOMLINSON: Yes.
JUDGE TINLEY: For the entire amount, $17,000?
MR. TOMLINSON: That's right.
JUDGE TINLEY: Any question or discussion? All in
favor of the motion, signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 11.
MR. TOMLINSON: 11 is from the County Clerk,
approved by the Clerk to transfer $42.83 from Election Notices
to Notices in the County Clerk's budget.
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Move approval -- second.
JUDGE TINLEY: Motion made and seconded for approval
of Budget Amendment Request Number 11.
COMMISSIONER BALDWIN: He can't make the motion and
second his own motion.
COMMISSIONER LETZ: I made the motion.
COMMISSIONER BALDWIN: That's good government, isn't
it?
JUDGE TINLEY: You're alert down here. Any other
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: Motion does carry. Any more budget
amendments?
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i MR. TOMLINSON: No.
COMMISSIONER BALDWIN: What is this?
JUDGE TINLEY: Any late bills?
MR. TOMLINSON: No.
JUDGE TINLEY: I've been presented with monthly
reports from the County Clerk, Trust Fund for May '06;
District Clerk, May '06; County Attorney through June '06; and
the Sheriff's Office. Do I hear a motion that these reports
be approved as presented?
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the indicated reports as presented. 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. Why don't we
take about a 15- or 20-minute recess.
(Recess taken from 10:29 a.m. to 10:52 a.m.)
JUDGE TINLEY: Okay. Let's come back to order, if
we might. What I propose we do -- S realize we've got some
executive session function. What I'd like to do is go ahead
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and handle those things that are going to be in open session
so that the people that need to get on back to their tasks at
hand can do those. So, in that vein, I'm going to go head and
call Number 12 first. It's a little early for that. Reports
from departments. I.T.
MR. TROLINGER: Good morning.
JUDGE TINLEY: Good morning.
MR. TROLINGER: I provided y'all a written copy of
my report. It's basic, but significant. Two line items. The
Odyssey tax, courts, and financial software is fully
installed.
COMMISSIONER BALDWIN: Say that again?
MR. TROLINGER: The Odyssey tax, courts, and
financial software is fully installed. It's complete.
JUDGE ELLIOTT: Not working, though, but it's
installed.
MR. TROLINGER: And I did revise the new County web
site significantly, replaced it and remodeled it, and added
quite a bit of content. I'd like to encourage all the
departments and individually ask them to contribute content to
their particular pages.
COMMISSIONER LETZ: You obviously impressed the
Kerrville Daily Times. They wrote an article about it.
MR. TROLINGER: That was a very nice article.
COMMISSIONER BALDWIN: It really was.
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COMMISSIONER NICHOLSON: Does the web site have a
"contact us" button?
MR. TROLINGER: It does. For each department, it
has a listing of the contact information that I have so far.
Some of the departments have provided e-mail addresses, so I
provide that on those particular pages. Others just provide
the phone number and address. But there's only -- as far as
contact forms, e-mail's the only thing available where it
automatically populates the e-mail message with the contact
information.
COMMISSIONER NICHOLSON: Sometimes I use that
feature and don't get a reply. It really -- not with the
County; with others. Kinky Friedman's campaign didn't respond
to me. (Laughter.) I may not vote for him if I don't hear
from him.
MR. TROLINGER: Well, the idea of a form on the web
page to submit a request is fine, but there's not a tracking
-- there's no auditing or tracking. With e-mail, by forcing
someone to click on the link that says "Request tax
certificate," their e-mail program opens up and populates with
the request, and then they fill in their request. And then
that way, there's an e-mail message that can be verified that
was received.
COMMISSIONER NICHOLSON: Seriously, there's no -- no
general e-mail -- they can't just say, "This is my opinion on
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something in county government"?
MR. TROLINGER: There's an e-mail address for
Commissioners at co.kerr.tx.us.
COMMISSIONER NICHOLSON: Will that go to Kathy?
MR. TROLINGER: And that will go to all the
Commissioners, the Judge, and to Kathy.
(Low-voice discussion off the record.)
MR. TROLINGER: And there are also e-mail lists.
Y'all have one for the agenda, and I believe there's an e-mail
list for the minutes.
COMMISSIONER WILLIAMS: This is on the web site?
MR. TROLINGER: Yes, sir. On the Commissioners'
home page, a user can go and subscribe to receive the agenda
by e-mail,
I COMMISSIONER LETZ: Are there -- going back to
Odyssey, I know it's pretty much installed everywhere.
MR. TROLINGER: It is.
COMMISSIONER LETZ: I heard a comment from the back
of the room about it not working too well. I've heard that
comment frequently, and I think it was growing pains or
getting hooked up and things of that nature. Where are we,
timeline wise, of having this system and all its bells and
whistles up and running and usable by the departments?
MR, TROLINGER: There's -- well, the system's so
large, it would take a long time to go through and classify
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each one. In general, we're receiving a software upgrade next
Wednesday, and we've been receiving one every two to three
weeks that corrects or updates the system to probably a 25- or
30-item list of problems or new features that are being added.
COMMISSIONER LETZ: When do you think we're going to
not need these lists any more?
MR. TROLINGER: It'll be quarterly in perpetuity. I
don't have a --
COMMISSIONER LETZ: You're not telling me what I
want to hear.
MR. TROLINGER: This software is being -- is being
updated and enhanced on a regular basis.
COMMISSIONER LETZ: Right.
MR. TROLINGER: For instance, the next major update
we get allows another slough of features that we had before,
but did not have when we first went online.
COMMISSIONER LETZ: Well, I guess -- let me rephrase
for the third time. When do you think most users are going to
be -- feel that it was a good decision? And are getting the
most that --
COMMISSIONER WILLIAMS: Never.
MR. TROLINGER: I don't have a date.
COMMISSIONER NICHOLSON: They're going to need to
get real specific.
MR. TROLINGER: They need to be -- if they're not
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comfortable with it now, they should have gone to their
department heads and said, "I'm not comfortable with it." We
need to get --
COMMISSIONER LETZ: I think they have, and the
department heads have told me they're not comfortable with it.
My question is, when are the department heads going to be
happy?
MR. TROLINGER: Do you have any specific -- because
when the County Judge released a letter --
COMMISSIONER WILLIAMS: Talk about the County Court
I at Law.
MR. TROLINGER: County Court at law?
COMMISSIONER WILLIAMS: Talk about that one.
MR. TROLINGER: They're one of the most advanced
users on the system. They started using advanced features in
the courtroom the week after it went online.
COMMISSIONER WILLIAMS: Well, they were one of the
unhappiest for a period of time.
MR. TROLINGER: Oh, yes.
COMMISSIONER WILLIAMS: So, has that period of
unhappiness gone away?
MS. PIEPER: No, not yet.
MR. TROLINGER: I don't know.
MS. PIEPER: There's still some more bugs.
MR. TROLINGER: I don't know what the specific
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problems are, but --
COMMISSIONER NICHOLSON: Is payroll data entry part
of Odyssey?
MR. TROLINGER: It's part of the financial software,
yes.
COMMISSIONER NICHOLSON: Under Item 11, we're going
to want -- Commissioner Williams and I are going to want to
talk about how that's working and why it's not working as
designed. So, we'll wait till Item 11, but we're going to
want more information on that.
MR. TROLINGER: Okay. Mostly, what I find is there
are all kinds of personalities. That's really what it boils
down to. The individual that wants to go and seek out how to
use the system is going to -- is going to do that. There are
other individuals that, you know, fall in between just plain
old complaining to not knowing, and generally, if I can get in
front of someone that has a specific complaint, I can show
them how to use the software to do what they want.
COMMISSIONER WILLIAMS: Is the --
JUDGE ELLIOTT: I'm ready.
COMMISSIONER WILLIAMS: Are the level of complaints
or dissatisfaction, whichever, that you're -- that you are
getting from various areas of county government, are they --
are they related to user reluctance, or are they related to
not being involved in the training sessions to the fullest
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extent possible, or are they both?
MR. TROLINGER: A good number of the complaints were
training-related. They just didn't know that if they used
this feature, that, you know, they could do things much better
than they did before.
JUDGE TINLEY: Was the training intensive enough and
long enough, by your --
MR. TROLINGER: It was. Software Group came back
for an additional three weeks on-site at no cost to Kerr
County to reinforce the --
COMMISSIONER LETZ: John, I think the -- I mean, I'd
like for you to give us just a summary by department -- you
know, department, elected official, as to whether you think --
how you feel that department is working. Knowing that -- that
I probably want the County Judge to send that out and see if
the departments agree. I just want to make sure that we're
all on the same page. I mean, part of it could be -- I know
you're very busy. It could be that, you know, we're missing
something. I just want -- we spent a huge amount of money on
this software, and I want to make sure that it is being
properly used by everybody. And it may take some hand-holding
with some departments. It may take -- Vance is back there
raising his hand. You know, he's a slow learner, so we got to
take a lot of time. (Laughter.)
MR. TROLINGER: Well, Judge Elliott's logged into
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~9
Odyssey and looked at it.
JODGE ELLIOTT: May I comment on that?
MR. TROLINGER: And he's brought up specific
problems that are being addressed. One of them's printing
receipts.
JUDGE ELLIOTT: That's it. But --
MR. TROLINGER: That'll be addressed next week.
JUDGE ELLIOTT: Number one, we don't have a choice
of doing -- do we want the system, the Odyssey program, or
not. Someone said, well, are we still -- is everybody using
it happily, or are they still going back on the other -- we
don't have a choice; we're all using it. Our department is on
Odyssey. We didn't have a choice to change over or not to
change over, so we're changed over and we're using it. We're
working the bugs out. With any new software program, we're
learning new things, and -- and I think it's going to take a
little time for us to all get adjusted from what we used to do
to what we're doing today. And I think that's going to work
fine. But, specifically, early on, we couldn't understand why
we didn't have three receipts. Justice of the Peace takes in
a lot of money, and we've never, during the time I've been in
office, ever been off a dollar. And we like to have auditing
of that. We get three receipts; one for the customer, one for.
us, and one goes to the Auditor's office. And this new system
didn't print -- wouldn't print three receipts. I thought that
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was a pretty easy request. We hammered about that for a long
time. You said, "Okay, okay." The software guy -- Odyssey
representative came down here and said, "Don't worry about
that, Judge. That's going to be on our June roll-out." And
here we are July 10th, and we still don't have it. Why did he
tell us it's in the June roll-out and we still don't have it?
That's the question I'm more -- most concerned about. I can
adjust to just -- all the little bells and whistles and the
formats. What I can't adjust to very easily is the audit. I
want to be able to audit my department, the money that comes
in. And three receipts does that, and that's a simple
program. That's what we're asking.
COMMISSIONER LETZ: These are the kinds of
questions --
MR. TROLINGER: I think the primary issue with the
three receipts is --
COMMISSIONER LETZ: I don't care about the receipts.
I know you do, but I don't -- I personally don't care. I care
about J.P. 1 not being happy with a function. And I just want
to make sure -- I think the best way for me to be comfortable
that I made -- or voted for a decision that cost over a
million dollars on software, is that it's working for the
taxpayers, which to me means being used by elected officials
and department heads, that that's done. I would like to see a
synopsis from you as to how -- where we are by department.
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And, I mean, very brief. A hundred percent operational in
your mind, you know, or yes, operational, but still working
out some bugs. That kind of report. And then I'd like to
hear from the users and see if they agree with that analysis.
That's kind of what I would like.
MR. TROLINGER: To address Judge Elliott's issue,
yes, the software update is two weeks late, and it is being
installed Wednesday. This week, actually.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: So, next time we talk, Judge
Elliott won't have this problem?
MR. TROLINGER: Well --
JUDGE TINLEY: See that big smile on his face back
there?
COMMISSIONER LETZ: I mean, I think -- I mean, I
think I probably hear the grumblings more than anything else.
I don't hear the good.
MR. TROLINGER: Sure.
COMMISSIONER BALDWIN: Let me give you an example.
A couple of weeks ago, one of the elected officials -- and I
don't use this word loosely -- was on the warpath. And I
grabbed John and we went to the office, and John sat down with
them for about two and a half minutes and had it totally
straightened out.
COMMISSIONER LETZ: Right.
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COMMISSIONER BALDWIN: There wasn't a problem there.
The problem -- the problem was that they just didn't know how
to get into a certain place.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: It wasn't that the thing
didn't function. It's just the lack of knowledge.
COMMISSIONER LETZ: Right. And that's what --
COMMISSIONER BALDWIN: He sat there and taught them
how to do it, and it's over.
COMMISSIONER LETZ: And I just don't -- I want to
make sure that those -- even those problems are resolved.
COMMISSIONER BALDWIN: Yeah, sure.
COMMISSIONER WILLIAMS: Question. Bullet number 8
talks about Odyssey checks and jury pending. What is Odyssey
checks?
MR. TROLINGER: Hot checks is a module --
COMMISSIONER WILLIAMS: Hot checks.
MR. TROLINGER: -- we've never had before.
COMMISSIONER WILLIAMS: Hot checks. Thank you.
MR. TROLINGER: It's -- the database conversion is
still an issue, and there's still no scheduled time that
that'll be completed. So --
COMMISSIONER WILLIAMS: Thank you.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Mr. Trolinger, the contractor time
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that you've listed here, where does that put you vis-a-vis
your budget?
MR. TROLINGER: That's the Odyssey -- completely
from the Odyssey project.
JUDGE TINLEY: Oh, okay. Okay.
MR. TROLINGER: And I wanted to relate those number
of hours to you. 802 month prior, that's the amount of time
The Software Group has spent on-site and in programming time
with us.
JUDGE TINLEY: It seemed like a pretty high number
when compared to the outside contractor that you've got on
call to assist you with overflow.
MR. TROLINGER: There's probably zero hours of
outside contractor time. This is all Odyssey contract --
JUDGE TINLEY: Okay.
MR. TROLINGER: -- time.
COMMISSIONER WILLIAMS: What do community service
workers do for you?
MR. TROLINGER: Right now, he's doing an inventory.
In the past, they've done -- they've evaluated the printers,
old computers, et cetera, and helped me tear them down, get
them to recycle or reuse the parts. The inventory piece is
the biggest one going right now. No hands-on work on the
computers themselves, though.
COMMISSIONER LETZ: Okay.
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JUDGE TINLEY: Any other questions for
Mr. Trolinger? Thank you, sir.
COMMISSIONER LETZ: Thank you.
JUDGE TINLEY: Appreciate your efforts. Road and
~ Bridge.
MR. ODOM: Yes, sir.
JUDGE TINLEY: Mr. Odom.
MR. ODOM: Yes, sir. I told her I'd give her mine.
COMMISSIONER LETZ: I'll give her one.
MR. ODOM: The road projects in May and June, we
used 28,000 gallons of oil to seal the following roads:
Scenic Acres, Ranchland, Tegner, Cutburth, and Honey Creek.
We're working on Kelly Creek today and should finish it
tomorrow, and then moving up to Scenic Acres and Drummond,
back up in that area. It looks like within -- by the end of
the month, we should be moving pretty well into Precinct 3,
finishing what Doug has. Also, Elm Pass will be done
hopefully by the end of the month, first of August. The
preponderance of the roads we plan to seal regular shoots, so
our paving program is moving along as planned. The Town Creek
project started July 5th of this year. The realignment of
Turtle Creek that we spoke about last -- I think last budget
time, that is almost complete. I'm waiting for the surveyor
to bring that, and I'll bring that to the Court. They've got
it built and sealcoated, so that should be complete. The
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subdivision plats, you can see by that chart. I won't go
through it, but I'll answer any questions you have. There's
about 12 of those. Concept meetings that we've had, there's
four. And floodplain, there's 14. And also, this month --
there's a note at the bottom. T.C.E.Q. has been having me out
looking at where neighbors were building dams -- or not dams,
but retention-type ponds on their property where they own both
sides of the property, so I've been out looking at that,
listening to neighbors thinking that a dry bed is running
water, and it's not. So, a continual drain of time.
COMMISSIONER LETZ: Question. You're -- so,
T.C.E.Q. is getting complaints from neighbors that people are
putting up structures on private property?
MR. ODOM: On their private property, right.
COMMISSIONER LETZ: Not complaining -- someone's
complaining that they're going to -- okay, I understand.
Amazing.
MR. ODOM: Yeah, it is -- it is amazing.
COMMISSIONER BALDWIN: What my question -- good
My question is, how -- how are you involved?
MR. ODOM: Because it comes into the floodplain
sometimes, maybe an unstudied area, a tributary or something.
And they -- they first -- you know, bureaucracies like to pass
on the buck.
COMMISSIONER BALDWIN: Well, tell these state people
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to go pass their buck somewhere else. I don't think we need
to be involved in private property issues when there's no
flooding. I don't -- I don't see --
MR. ODOM: Well, sir, I try to handle it in a
very --
COMMISSIONER BALDWIN: I understand.
MR. ODOM: -- professional way, and go about it...
(Laughter.)
COMMISSIONER BALDWIN: Well, when --
MR. ODOM: I just react to --
COMMISSIONER BALDWIN: Let me do it --
MR. ODOM: -- the Watermaster.
COMMISSIONER BALDWIN: Let me do it this way. When
people come to me as a Commissioner and say, "What is the law
about -- I want to put up a little retention pond here, and
it's going to affect the downstream folks for a while until
mine fills up. What is the law there?" I say, "Go talk to
the State. Don't involve me in any way."
MR. ODOM: And the State would say there's not a
certain answer to that in the first place, how much quantity
you have to do.
COMMISSIONER BALDWIN: Sure.
MR. ODOM: You just have to have a flow going
through it. It's --
COMMISSIONER BALDWIN: Yeah, but for a while there's
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no flow, is what I'm saying. And that is not a county issue.
I -- I don't want to -- I personally don't want to be involved
in it.
COMMISSIONER WILLIAMS: I agree with you, but that's
what generates the phone calls.
MR. ODOM: That's what generates the phone calls.
And then you have to go out and you take a look at it, and
then you try to resolve the problem. And -- and to --
COMMISSIONER BALDWIN: I guess I'm just saying be
careful how deeply involved you get in state business, is all
I'm saying.
MR. ODOM: I assure you, they like to pass the buck.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: I understand.
MR. ODOM: The employees, we've hired two young men
who seem to be working out well, and we've had no accident
reports the last two months. The budget, with the Town Creek
project going over what we originally stated it would go for
and the increase in oil prices, our budgeting will be
extremely tight, but hopefully we'll be able to finish the
year as planned.
COMMISSIONER BALDWIN: Yea.
COMMISSIONER LETZ: Leonard, when I was driving
around, as the rest of the Court heard earlier, with Sam and
Gus in the car over the weekend, I went out Town Creek. Does
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the City have any plans to improve their portion of that road,
to your knowledge? I mean, there are two or three very narrow
little low water crossings that, according to the signs that I
saw, are in the city limits, and a road that should -- it
actually needed some work. Are you aware of anything --
MR. ODOM: I'm not aware of anything. They
haven't --
COMMISSIONER LETZ: Okay, I was just curious.
Actually, I -- honestly, I'm not real familiar with that road.
I thought I was in the county real quick when the road went
down -- and not down in quality; down as in the shoulders and
no striping to speak of. And then I was way out there, and
all of a sudden I came across the Kerrville city limits sign.
I was shocked.
MR. ODOM: Yes, at Morris Avenue.
COMMISSIONER BALDWIN: We're hoping that we -- by us
taking care of our business and getting out in front of
development and one thing and another, that we're going to
encourage the City to take care of theirs.
COMMISSIONER LETZ: It's a beautiful area.
MR. ODOM: It's a beautiful area.
COMMISSIONER LETZ: Absolutely gorgeous. I'm just
amazed that it's not --
COMMISSIONER BALDWIN: It's unbelievable.
COMMISSIONER LETZ: Some of the prettiest property
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in that area, and the road is --
COMMISSIONER BALDWIN: Not the county.
COMMISSIONER LETZ: -- substandard.
COMMISSIONER BALDWIN: Not the county part, though.
COMMISSIONER LETZ: Not the county part. I was very
surprised.
MR. ODOM: I'm not privileged to that -- that
information, and nothing's been indicated to us that they've
had any projects. But I would assume that, given time, anal as
that construction completes -- and I know that that land will
probably be developed. That's all K.I.S.D., and they're
clearing it now, so I would imagine there will be pressure on
them to upgrade that road eventually, and those crossings
particularly.
COMMISSIONER LETZ: Yeah. I think that would be a
great E.I.C. project.
MR. ODOM: That is -- that's a very good idea.
That's what --
COMMISSIONER LETZ: That's all. I was just
interested because I saw parts down there that have been
traveled a lot.
MR. ODOM: That is part of your precinct right
there.
COMMISSIONER LETZ: I know.
COMMISSIONER BALDWIN: The good part is that the
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County is ahead of the curve. Again.
JUDGE TINLEY: Any other questions for Mr. Odom?
COMMISSIONER WILLIAMS: I just have a question here
on the last sentence.
MR. ODOM: All right, sir.
COMMISSIONER WILLIAMS: "On the budget, with the
Town Creek project going over..." Are you saying Town Creek
project is over budget? Is that what you're saying?
MR. ODOM: No. I'm saying that it was over my -- my
comment was, what the engineer's estimate was was lower than
what -- well, the price went higher than what we thought it
was going to, but I had the funds there available as a -- as a
backup, because I have that Schreiner Trust Fund and the
others, and I knew it was in that neighborhood. The
question --
COMMISSIONER WILLIAMS: You are within budget?
MR. ODOM: I am within the budget.
COMMISSIONER WILLIAMS: Okay, that's what I wanted
I to know.
MR. ODOM: Let's put it this way. It will be
complete. It is paid for.
COMMISSIONER LETZ: It will be within his total
budget, but that particular thing is a little bit over.
MR. ODOM: It's a little bit over what we thought.
COMMISSIONER WILLIAMS: Okay.
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COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Anything else? Thank you, sir.
MR. ODOM: Yes, sir.
JUDGE TINLEY: Facilities and Maintenance.
MS. DAVIDSON: Hi. I'm Alyce Davidson.
COMMISSIONER LETZ: How are you doing?
MS. DAVIDSON: Good. How are y'all?
COMMISSIONER LETZ: Fine.
JUDGE TINLEY: You're filling in for Glenn today?
Okay.
COMMISSIONER WILLIAMS: Does he have a written
report?
MS. DAVIDSON: I gave y'all some things just -- just
like I normally do, with the Union Church and the Exhibit Hall
and my --
JUDGE TINLEY: Yeah, I saw it.
MS. DAVIDSON: But not anything major. I didn't
expect to have to do it, but we've got a few things that we
did. We did the fence between River Star and our 4-H; we put
a new fence in for Mr. Miller.
COMMISSIONER LETZ: Okay.
MS. DAVIDSON: And then our ceiling downstairs in
the basement.
COMMISSIONER LETZ: The ceiling looks great
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downstairs.
COMMISSIONER NICHOLSON: It looks good. That was
really first-class.
MS. DAVIDSON: Mm-hmm. And B.J.'s crew is back out
with us again after a shoulder surgery, so you'll start seeing
him back here at the courthouse as well. Starting Friday, I
think he'll start doing it.
JUDGE TINLEY: So he'll be able to pick up that load
from what y'all have had to absorb in midsummer?
MS. DAVIDSON: Mm-hmm. He's back full-swing. So --
JUDGE TINLEY: Okay.
MS. DAVIDSON: And then we sealed the floor at the
Exhibit Hall, we did a sealer on it to make it look a little
bit better. So --
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Did it turn out pretty good?
MS. DAVIDSON: Yeah. I think we need another coat
on it, but I think it will be all right. It will be good.
So, other than that, just our normal running of the Exhibit
Hall. And indoor arena's kind of down, 'cause it's the summer
months, but other than that...
JUDGE TINLEY: I think the last time we talked about
available weekend dates for the Exhibit Hall, there are zero?
MS. DAVIDSON: Basically, yes.
COMMISSIONER BALDWIN: Are we still having some
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problems scheduling?
MS. DAVIDSON: No. As in? Scheduling as in?
COMMISSIONER BALDWIN: As in the war we had last
year.
MS. DAVIDSON: Oh, you mean with our -- the previous
people that were -- no, it's all died completely. No, we
haven't had any problems any more. They found out, I guess,
what they wanted to, and never heard another word.
COMMISSIONER BALDWIN: Is the Union Church still on
the upswing in use?
MS. DAVIDSON: It's kind of slowed down a little
bit, but not -- not as much. Usually the springtime is when I
have the weddings and things. But Schreiner College is really
using it. They are really -- yeah, they're taking it.
COMMISSIONER BALDWIN: Free of charge?
MS. DAVIDSON: Yeah, they get it free. So --
COMMISSIONER BALDWIN: Schreiner University.
MS. DAVIDSON: I'm sorry, University.
COMMISSIONER WILLIAMS: What you're saying is that
the new policy for renting is working okay?
MS. DAVIDSON: Yes, correct.
COMMISSIONER WILLIAMS: Rental policy.
MS. DAVIDSON: Yes, it is. It's working well.
So -- and I want to get with Trolinger so I can get a web page
going. I think that's where I -- it will help me out a lot,
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is really having all of that information on --
COMMISSIONER WILLIAMS: That's a good idea.
MS. DAVIDSON: Yeah. We've got just a little bit,
but I really want to sit down and go through the whole
shooting match with him with everything that I rent out, so --
COMMISSIONER WILLIAMS: That's a good idea.
JUDGE TINLEY: Including schedules for the chairs
and the tables?
MS. DAVIDSON: Everything. Policy and procedure,
everything going in there.
COMMISSIONER LETZ: Photos?
MS. DAVIDSON: Everything. I've got photos already,
so -- ready to give them.
COMMISSIONER LETZ: Okay.
MS. DAVIDSON: Other than that...
JUDGE TINLEY: Anything else? Thank you, ma'am.
MS. DAVIDSON: You need something, let me know.
~ Thank you.
JUDGE TINLEY: Appreciate it. Collections. I don't
see you pushing a wheelbarrow full of money.
MR. ALFORD: I left it out in the hallway; wouldn't
fit through the door.
COMMISSIONER WILLIAMS: Somebody stole it.
MR. ALFORD: Got the County Attorney here; he can
handle it. Figures, the best we can tell without going into a
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They're working on something. They sent me something
yesterday -- or Friday and today. We're not in agreement yet,
but they are trying to assist us in getting us something.
What I simply did is run some figures on Millie -- on her
journal. We're assuming they're fairly accurate. This is our
current cases -- 'cause, like, why do criminals pay if we're
not harping on them to pay? -- compared to last year, and
we're pretty close. We're a little bit ahead of last year,
but I don't want to jump up and down and swear to that,
because I'm not real comfortable with where these figures come
from. But I feel comfortable that we're still doing okay.
Again, kind of on Mr. Trolinger's line, still
assisting him as much as I can, answering a lot of generalized
questions. Confirming what Commissioner Baldwin said, a lot
of times you can sit down with an employee, and within three
or four minutes work out what their issues are. The system is
an awful strong system, awful powerful. It's just a matter of
having to learn it. The old system was pretty small, pretty
straightforward. This new one's just a monster, and I think
that's really going to take some time. We're almost -- for
example, we thought we were going to be able to go pretty much
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paperless in Collections, and the deeper we dug into it -- but
it's so advanced, and we're probably so much further than the
rest of the county is, we found some issues. And, Software's
like, "Oh, okay." They never heard of these issues before,
but they're working on them. So --
COMMISSIONER LETZ: Cutting edge. Collections is
cutting edge again.
MR. ALFORD: Yeah. But, again, I think our users
are probably more advanced than some of the other ones are,
and that's what enables us to try to go a little bit further
than a lot of people do and different things, 'cause it's --
COMMISSIONER LETZ: You mean your computer users,
not your clientele.
MR. ALFORD: Correct. Our clientele can't even read
the sign on the door that says we don't take payments here.
But that's another issue. We've done 41 -- we've done 41
searches for indigent health care. I guess everything's
working fine with Ms. Taylor; I haven't really heard anything
from her, so I'm assuming no news is good news. Our budget is
very strong in that line item thanks to y'all in previous
years, so there's not going to be a financial issue with
running all these searches, 'cause they are somewhat expensive
when you start adding them up over the quarter and how much
information she needs, but we're fine there.
JUDGE TINLEY: Don't the searches generally end up
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paying for themselves on the whole?
MR. ALFORD: Well, I would think so. I know they do
from the criminal aspect of it, simply because even if a
criminal owes us $500 and we'll never get the cold, hard cash,
if I get him in jail, justice has been served. So, when you
look at that picture, yes. Now, on indigent health care, I
don't have a clue. I mean, I don't know anything about that,
don't want to know anything about it. Just Ms. Taylor calls
and says, "I need to find Johnny." We give her the
information to find Johnny and we're out of it. So -- but I'm
assuming it would if it helps y'all recover any money. So --
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Any more questions for Mr. Alford?
MR. ALFORD: Jonathan, you got that look. I'm out
of here, then. Thank you, gentlemen.
'~~. COMMISSIONER BALDWIN: Run.
MR. ALFORD: I'm out of here.
JUDGE TINLEY: Thank you. Let's go to Item 11,
~' then. Consider and approve plan to reassign certain
administrative functions in county government; consider and
evaluate capability of county employees who may be candidates
to perform the administrative functions. Commissioners 2 and
4 asked that this item be placed on the agenda. Which of
y'all wants to take the lead?
COMMISSIONER NICHOLSON: I'll introduce it.
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Commissioner Williams and I and the County Auditor and
Ms. Mitchell met with the County Treasurer, had a productive
meeting, and at least I came away from the meeting with a much
better understanding of what the function -- personnel
functions that the County Treasurer's office performs. And I
think from that meeting, we can -- we can probably see that
we've got two or three options. We can -- for example, we can
decide to farm out payroll or keep it in-house. We're
recommending that we keep it in-house. We can ask the
Treasurer to continue to perform the personnel officer
function beyond October 1 or we can create a new personnel
officer position in the county. Is there -- is there more
options than that, Mr. Williams?
COMMISSIONER WILLIAMS: No. H.R. and payroll
combined, combined office.
COMMISSIONER NICHOLSON: So, the Treasurer was
helpful and provided us a list of -- of functions she performs
in her -- and are deemed to be personnel officer functions,
and so I took that list, and I think I've included just about
everything. Each of you has this piece of paper, as does the
Auditor and Treasurer and the County Attorney, and it turned
into what I titled "Human Resource Officer Responsibilities."
And you note at the top of it, it says "Draft." It's probably
-- certainly incomplete, and may be inaccurate. So, it does
-- and I don't want to go through these 40 items or whatever
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I don't think that's what we're about here today.
performs today.
In discussion with her, I did notice that I left off
at least two things. One is Family Medical Leave Act,
coordinating/administering that, and the other one is safety
officer. But, anyhow, what we have here is a -- is a
description of what you might include in the human resources
officer's responsibilities, whether that's located in the
Treasurer's office or a separate function created with added
responsibilities. So, I think a key element in our decision
making has to do with -- with the payroll function and the --
I believe what I've heard is that the function would be much
different if we were using the computer system the way it was
designed, and that we're not doing that.
COMMISSIONER WILLIAMS: Is Mr. Trolinger still here?
MR. TOMLINSON: He said he was coming back.
COMMISSIONER NICHOLSON: Did he get -- payroll
function would be relatively simple. It would be entering
data to add new employees, entering data to make changes; for
example, going from a 12-2 to a 12-3. And for nonexempt
people, entering -- twice a month, entering their hours. Is
that about it? And the system is designed so that each
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supervisor, each department enters their hours, and that's not
happening. We're still handling a lot of paper, and -- and
that part of the payroll is being -- being entered in the
Treasurer's office. I don't -- I don't think we understand
why it's not being administered as designed.
COMMISSIONER WILLIAMS: And one of the largest
departments for which it has the greatest benefit is not doing
it, and that's the Sheriff's Department.
MS. PIEPER: If the Sheriff is like me, we had no
idea we could do it.
COMMISSIONER WILLIAMS: Pardon me?
MS. PIEPER: If the Sheriff is like me, it's because
we had no idea we could do it.
COMMISSIONER WILLIAMS: You had no idea you could do
it?
MS. PIEPER: No. I just found out five minutes ago
outside from John that we could enter in our payroll,
employees' hours and stuff in the computer.
COMMISSIONER WILLIAMS: There was -- well, okay. We
can debate that later, but there was a training -- there was
training offered on the payroll system.
MS. NEMEC: They were supposed to come back and
train each department, and they never did. They came back and
tried to train the Sheriff's Office, but the Sheriff, for some
reason, said that they weren't going to be able to use that
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function.
COMMISSIONER WILLIAMS: Okay.
MS. NEMEC: I don't know the details of it, though.
COMMISSIONER WILLIAMS: The bottom line is that we
bought a system that can do it; am I correct, Tommy?
(Mr. Tomlinson nodded.)
COMMISSIONER WILLIAMS: That's Dave's and my
understanding. And that the ultimate goal is to do it that
way for every department head, elected official, whatever.
Whoever the elected official designates is going to input the
payroll there, and then the payroll data will come into a
centralized area and so forth and get passed on for
disbursement. That's the way it's supposed to be, and that's
the way we would like to see it happen.
COMMISSIONER LETZ: I don't think we'd "like" to see
it. That's the way it's going to be done.
COMMISSIONER WILLIAMS: Yeah, that's the goal.
MR. EMERSON: I was going to say, I can support what
Jannett and Barbara have said. I've asked probably every
other week since March, when the system started going in, when
I was going to be able to automate my timekeeping, and I
haven't gotten a firm answer yet. So --
COMMISSIONER LETZ: Well, that's exactly the type of
reason I wanted the report, because he seems to think that
we're well on our way to a lot of these things. I'm sure we
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are, but there's things like this that are critical
components, from my standpoint, that aren't being done, and I
need to make sure -- I want to make sure that he understands
that that's a real high priority.
COMMISSIONER WILLIAMS: Oh, it is. It's a very high
priority.
MS. NEMEC: We're supposed to be able to put in
sick, vacation, and comp time balances, and then enter from
there.
COMMISSIONER WILLIAMS: Just time, we're talking
I about.
COMMISSIONER BALDWIN: Let me ask a question before
y'all get off into that. As far as -- let's say Rex enters
his time for his employees. Does the personnel officer just
go into the computer and see it already, or does he send it?
COMMISSIONER WILLIAMS: Why don't you come explain
it to us, Mr. Trolinger?
MR. TROLINGER: Electronic time cards?
COMMISSIONER WILLIAMS: In a perfect world, the
payroll system that we purchased to upgrade where we are.
MR. TROLINGER: Yes, sir.
COMMISSIONER WILLIAMS: Tell us the --
COMMISSIONER LETZ: Why isn't it working.
MR. TROLINGER: I think it's working very well. I
haven't heard any complaints -- I'm looking behind me to make
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sure.
COMMISSIONER WILLIAMS: You just missed a complaint.
COMMISSIONER LETZ: No one's using it yet.
COMMISSIONER NICHOLSON: Why is the Treasurer's
office continuing to enter time data?
MR. TROLINGER: So far, the only office that's using
electronic time cards is the Auditor's office. The procedure
is, an office person goes -- logs into the reporting function,
enters their time. Once they're satisfied that their time's
entered properly, they hit "Submit." They click a button that
says "Submit."
COMMISSIONER LETZ: Only you have to have some
access to be able to submit?
MR. TROLINGER: You have to have a user name and
~ password.
COMMISSIONER WILLIAMS: By each department?
MR. TROLINGER: By each person.
COMMISSIONER WILLIAMS: So, do you want to tell the
County Attorney when he can do that? He says he can't do
that.
MR, TROLINGER: There is some setup that they need
to go and establish a user account, that's correct. The next
step after that individual --
COMMISSIONER LETZ: Well, let's go back to that one,
though. That's a huge -- I mean, we just had two elected --
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three elected officials say that they can't do it, and they
said the Sheriff isn't doing it, and it's a huge burden on the
payroll function until this -- this is a huge priority.
MS. NEMEC: This was a selling point.
COMMISSIONER LETZ: And if it's because we're not
setting up user accounts, that needs to be done.
MR. TROLINGER: Well, I can lead and prompt the
Sheriff's Office and the other offices to use electronic
reporting.
COMMISSIONER LETZ: I know how you do it. The
Treasurer will quit accepting handwritten ones; then they'll
do it.
MS. PIEPER: We don't have a problem doing it if we
knew we could do it. I went to every training that was on
this one-page memo that affected my office. Now, if it said
"Payroll," I assumed -- and I guess I assumed wrong -- that
that dealt with Barbara's office. I didn't go to that
training. I mean, if I should have, I didn't know to.
COMMISSIONER WILLIAMS: Well, the goal is -- the
goal is electronic input from the -- from the department,
point of origin.
MR. TROLINGER: Yes.
COMMISSIONER WILLIAMS: By whomever the department
head or elected official chooses, so that it gets to a point
where it's finally collected and released to the Treasurer for
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payment. That's the ultimate goal.
MR. TROLINGER: Correct.
COMMISSIONER WILLIAMS: Okay. Where are we?
MR. TROLINGER: The Auditor's office is the only
office that is using that electronic time reporting at this
time.
COMMISSIONER WILLIAMS: What do we need to do to get
our larger departments online doing it; i.e., the Sheriff?
COMMISSIONER LETZ: Road and Bridge.
COMMISSIONER WILLIAMS: Road and Bridge.
COMMISSIONER NICHOLSON: Everybody.
COMMISSIONER WILLIAMS: Clerk's office, et cetera.
What do we need to do?
COMMISSIONER BALDWIN: John, you're being a little
bit too nice. I think I'm reading what's going on here.
MR. TROLINGER: The problem is, it's just not my
responsibility to direct individuals -- individual offices to
use software features.
COMMISSIONER WILLIAMS: No, that's our
responsibility.
COMMISSIONER BALDWIN: He's right.
MR. TROLINGER: I'm just not -- I don't feel it's my
responsibility to do it.
COMMISSIONER WILLIAMS: You're correct. That's our
responsibility.
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MR. TROLINGER: Someone comes to me and asks for the
capability, so I can set up the access -- for instance, at the
Sheriff's Office, that's on two -- three computers, the access
capability.
COMMISSIONER WILLIAMS: It's our responsibility to
direct it. We want to know that it is available and ready to
be used so that when we direct it, it will happen.
MR. TROLINGER: Yes, it is available. It does work.
I've used it myself; it does work. The Auditor's office has
used it for some number of payroll periods.
COMMISSIONER LETZ: So, if the County Judge sends
out a memo and directs all department heads and elected
officials to contact you and set it up, effective, you know,
at some point in the future, you know, all payroll must be
submitted electronically and they're to contact you A.S.A.P.
to set it up for their departments, that's what needs to be
done.
COMMISSIONER WILLIAMS: Well, let's determine when
that happens, 'cause that ties into what Dave and I are
talking about.
COMMISSIONER LETZ: All right. I mean --
MR. TROLINGER: That's really a huge step to take
all at once. I had a concept that we'd get the key players at
the Sheriff's Office, since they have the largest number of
employees at one place under one person. This -- the Sheriff.
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COMMISSIONER LETZ: Right.
MR. TROLINGER: That they would implement first at
the supervisor level to do the electronic time entry. They'd
continue taking the written time cards signed from the
individuals, and the supervisors would do the time entry to
begin with.
COMMISSIONER LETZ: Can this be done countywide by
September 30th, realistically?
MR. TROLINGER: Yes.
COMMISSIONER LETZ: Because that's -- that's the
kind of date we need, because it has a huge budget impact, and
we just need to know and it needs to be done.
COMMISSIONER WILLIAMS: That's kind of where we're
going. By September 30, we'll tell you how we're going to get
there and each step.
COMMISSIONER NICHOLSON: John, for our
understanding -- let me paint a picture of what kind of
transactions occur, and tell me what responsibility -- what
we're asking departments to do. Let's say the Animal Control
supervisor hires a new employee today. Is the responsibility
-- is her responsibility to create a file for that employee?
To enter withholding information, insurance information, all
that sort of thing? Who creates the initial file?
MR. TROLINGER: For payroll, it would be the
Treasurer's office. They've got to establish the new
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accounts.
COMMISSIONER NICHOLSON: Okay. So, if I'm Janie and
I hire somebody today, I'm going to contact the personnel
officer and say, "Here's who I've hired," and --
COMMISSIONER LETZ: Payroll officer.
COMMISSIONER WILLIAMS: It would be an H.R.
responsibility. Is that what you're saying?
MR. TROLINGER: If you're establishing a new -- yes.
I would say if we're talking about a human resources officer,
then it goes to that person first.
COMMISSIONER NICHOLSON: So, the initial file is
created by the human resources officer.
MR. TROLINGER: Okay.
COMMISSIONER NICHOLSON: Okay. Now it's a year
later, and that employee is going to move from a 12-1 to a
12-2 or something. Who enters that information?
MR. TROLINGER: Same office. The human resources
officer would take that and make that change. Changes at
those level are administrative functions.
COMMISSIONER NICHOLSON: So, the only thing you're
asking -- we're asking the departments to do is to enter time
data?
MR. TROLINGER: Exactly. The time, the comp time
used, the vacation time, sick time used. That -- that's the
piece that's being done on paper. That's a large --
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COMMISSIONER WILLIAMS: Overtime.
MR. TROLINGER: -- paper burden right now.
Overtime. And each individual county employee right now,
either using the computer to electronically type it in and
then print it out, basically using it as an electronic
a supervisor, which is then passed on to -- in the Sheriff's
Office case, to their personnel clerk who handles that, and
then it then comes on paper, I believe, to the Treasurer's
office.
MS. NEMEC: But we don't pay off the timesheets. We
don't pay off the timesheets, so I don't know. That would
just be for record purposes only, then. The timesheets aren't
turned into -- we're on a 28-day schedule, timesheets. And,
like, on the 15th, we're paying through the end of the day on
the 15th, so it's going to -- it's going to create a whole new
reporting system. If the payroll function is going to be used
for that purpose, for vacation, sick time, comp time, then we
will no longer be using the 28-day timesheet.
COMMISSIONER NICHOLSON: Well, let's go back to
examples. This hypothetical person we hired out at Animal
Control is on the payroll now. The file's created, and it's
time for the end of the pay period, and the person worked some
overtime. How does that information get into the system so
the person's paycheck reflects some overtime?
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MS. NEMEC: Right now? They just send me a letter
saying pay overtime. But I think the system has the
capability of inputting the balances of the vacation, sick,
and comp; is that correct?
MR. TROLINGER: Yes.
MS. NEMEC: Once we input those balances, then they
can -- they can charge it to an overtime source code, and --
MR. TROLINGER: Well, those are all the details, but
yes, it does work. It's there. I've used it. It works for
the Auditor's office.
COMMISSIONER LETZ: So -- but, I mean --
MS. NEMEC: But right now, all they're doing is
telling me to pay a certain amount of hours to so-and-so for
overtime. That's how they're doing it.
COMMISSIONER WILLIAMS: But the reality of it is,
with the new system, that information can be input at the
point of origin; i.e., various departments, and go -- and when
that "Submit" button is hit, it goes to a central point?
MR. TROLINGER: Yes, sir.
COMMISSIONER WILLIAMS: Correct?
MR. TROLINGER: It goes to the next approval level.
COMMISSIONER WILLIAMS: Yeah, right.
DODGE TINLEY: That works for compensatory time,
overtime, sick leave, vacation time, --
MR. TROLINGER: Yes, sir.
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JUDGE TINLEY: -- any of those different --
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: -- codes.
COMMISSIONER LETZ: Okay.
COMMISSIONER NICHOLSON: Same hypothetical employee.
I Now we've got -- we're enrolled in the health insurance
program, and the employee gets another dependent, so that
means his or her withholding might change, and might indicate
an insurance category change. Who would enter that into the
system?
MR. TROLINGER: That's still back to human
resources. It's an administrative function where you make
changes to that payroll record. Anytime you do that, you've
got to have somebody that's in the --
COMMISSIONER LETZ: I think the terminology is
different, because "payroll" for us is different than other --
human resources and payroll are separate for counties by law,
because of who is required to do them. So, anything related
to payroll is Treasurer. Everything related to administrative
support is human resources, I understand, and that's not
necessarily payroll. So --
COMMISSIONER WILLIAMS: No, I think -- I think
you're a little bit off there, Commissioner.
COMMISSIONER LETZ: Really?
COMMISSIONER WILLIAMS: I think payroll preparation
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office and the payroll department. Disbursement of funds and
writing of checks is the Treasurer's function, but I think
that's the line of demarcation, and I think that's way we want
all the way from point of origin all the way through approval,
knowing that things are right to get passed down to the
Treasurer for disbursement of funds. That's where we're
headed.
COMMISSIONER LETZ: Well, I just think we need to
between payroll and human resources, we can't use those terms
real loosely, or interchangeably, because it means a lot
different to us now as opposed to a couple months ago, because
we're looking at those as very separate functions.
COMMISSIONER WILLIAMS: You can't use the terms
interchangeably, but they are interrelated.
COMMISSIONER LETZ: Right.
MR. TROLINGER: Software-wise, I saw the function of
changing the individual pay records for the Sheriff's Office
resting -- possibly one day resting at the Sheriff's Office,
where they could go in and modify the step and grade, for
instance. It's -- the capability is there. But I think you'd
still want the administrative function to reside with either
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your human resources officer or your Treasurer to actually
make that change. But it's all just a matter of procedure
with the software.
COMMISSIONER LETZ: Okay.
MR. TROLINGER: Now, I'll admit that the time entry
software is not going to be an easy thing. It's something new
that -- you know, even shift supervisors at first will say,
"Why do I have to use this?" There will be resistance. But
if they --
COMMISSIONER WILLIAMS: It's very simple. If they
want to get paid, they're going to use it.
MR. TROLINGER: If they receive training on how to
use it, then it's very simple.
JUDGE TINLEY: The training that would be
necessitated in order to bring them up to speed, that's not an
elaborate or extensive thing, is it?
MR. TROLINGER: It's not. And I believe that we
could do it in-house; that the Treasurer's office or the human
resources office could very easily take the shift supervisors
for a particular department -- for instance, patrol for the
Sheriff's Office -- and give them an hour of instruction and
then a user account so that they could start doing electronic
time cards.
COMMISSIONER LETZ: I don't care where you start or
where they start, but we're -- we have about two months to get
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this done.
MR. TROLINGER: The software is in place. It is
working.
COMMISSIONER WILLIAMS: Well, Judge, two points
about where we start. It's kind of where we end up. If we're
going to create an H.R. department and a payroll clerk within
that department, then we need to be about that business so
that we can relate to him how all this gets set up, et cetera,
et cetera, et cetera.
COMMISSIONER LETZ: I agree, we need to make that
decision in the next couple of weeks as to whether we're going
to -- what route we're going to go. But I think each
department needs to start getting on track to get their
payroll records from their department into this system -- new
system immediately. I mean, because we can't have -- we're
not -- well, I'm not going to support us keeping two systems
or paying some of our departments to have an employee to spend
money monitoring it one way when we have another capability.
Which Road and Bridge currently does; they and the Sheriff
does it. They spend man hours doing it, and they send the
same information in, and then they keep their own little
records.
COMMISSIONER WILLIAMS: That's right.
COMMISSIONER LETZ: It's ridiculous.
COMMISSIONER WILLIAMS: We're going to eliminate
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that.
COMMISSIONER LETZ: And they're going to -- or
they've got to get it into the system.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER LETZ: Okay, on payroll.
COMMISSIONER NICHOLSON: I think the next step,
whether we do it today or do it two weeks from now, is to
decide whether we're going to ask the Treasurer to continue to
-- continue to perform an expanded personnel function, or
whether we're going to assign it to another current county
employee, or whether we're going to hire someone to perform
that function. So, I think that's the reason we have it
scheduled for executive session, so we can talk about the
performance capabilities of people we have on our payroll now.
COMMISSIONER WILLIAMS: I agree.
JUDGE TINLEY: Are you telling me at this point,
you're not ready to go further in open or public session about
the matters on the agenda item?
COMMISSIONER NICHOLSON: I think we ought to go in
executive session.
COMMISSIONER WILLIAMS: I agree.
JUDGE TINLEY: Is that the consensus?
COMMISSIONER NICHOLSON: I'd like for the Auditor to
I be here.
JUDGE TINLEY: Before we do that, let me ask any
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116
member of the Court if they have anything to offer on this
agenda item, at least at this juncture, to properly be
considered in public or open session? We will go out of open
or public session at 11:96, and we'll go into executive or
closed session.
(Discussion off the record.)
(The open session was closed at 11:96 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay. We are back in open or public
session at 12:07. Does any member of the Court have anything
to offer with regard to any of the matters discussed in closed
or executive session?
COMMISSIONER LETZ: I don't have anything.
JUDGE TINLEY: Okay. Anything further, gentlemen?
I believe we've handled all the agenda items. We will stand
adjourned.
(Commissioners Court adjourned at 12:07 p.m.)
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117
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 14th day of
July, 2006.
JANNETT PIEPER, Kerr County Clerk
BY: ~~/_2~0~~
Kathy B 1k, Deputy County Clerk
Certified Shorthand Reporter
7-10-06
ORDER NO. 29769
JOINT RESOLUTION OF COOPERATION BETWEEN CITY OF
KERRVILLE AND KERR COUNTY FOR DEVELOPING AN
ECONOMIC INCENTIVE STRATEGY
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution and add it to the agenda for the Joint meeting at the
end of July or early August, 2006 (to meet with the City of Kerrville
regarding same).
,_, ORDER NO. 29770
APPROVE A DATA PROCESSING SERVICE AGREEMENT BETWEEN
KERR COUNTY AND INDIGENT HEALTHCARE SOLUTIONS, LTD.
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Based on the recommendation of the County Auditor and approval of the
Contract with the County Attorney, move to approve a Data Processing
Service Agreement between Kerr County and Indigent Healthcare Solutions,
Ltd. for the administration and claims processing related to the Indigent
,,_ Healthcare Program.
ORDER NO. 29771
DESIGNATE A COUNTY REPRESENTATIVE WITH SETTLEMENT
AUTHORITY TO REPRESENT THE COUNTY IN EBA LITIGATION
MEDIATION
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Baldwin, seconded by Commissioners Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Appoint the County Judge and Commissioner Letz as the designated
representatives, with the settlement authority to represent the County in the
EBA litigation mediation.
ORDER NO. 29772
SET PUBLIC HEARING FOR REVISION OF TRACTS 7A & 8 OF
TREASURER HILLS SUBDIVISION, VOL 5, PAGE 50, PCT 1
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Baldwin seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Set a Public Hearing for the Revision of Tracts 7A & 8 of Treasurer Hills
Subdivision, Vol 5, Page 50, located in Precinct 1, for August 28, 2006 at
10:00 a.m.
ORDER NO. 29773
CHANGE NAME OF A PRELIMINARY PLAT FROM CYPRESS
SPRINGS ESTATES, PHASE 2, SECTION TWO TO VISTAS
ESCONDIDAS DE CYPRESS SPRINGS ESTATES, PCT. 4
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Nicholson, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the change of name for the preliminary plat from Cypress Springs
Estates, Phase 2, Section Two to Vistas Escondidas De Cypress Springs
Estates, located in Precinct 4.
ORDER NO. 29774
RENEW 2007 TEXAS VINE ANNUAL MAINTENANCE GRANT
CONTRACT
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the renewal of the 2007 Texas VINE Annual Maintenance Grant
Contract, and authorize County Judge to sign same.
ORDER NO. 29775
REVIEW 2007 APPRISS (PROVIDER OF THE VINE SERVICE)
SERVICE AGREEMENT
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the 2007 Appriss Service Agreement to administer the VINE
program, and authorize County Judge to sign same.
ORDER NO. 29776
IMPLEMENT BiIRN BAN
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the implementation of the bum ban as per the Order submitted.
ORDER NO.29777
CLAIMS AND ACCOUNTS
Came to be heard this the 10th day of July, 2006, came to be considered by
the Court various Commissioners Precincts, which said Claims and
Accounts are:
Accounts Expense
10-General	$	121,307.41
14-Fire Protection	$	10,416.67
15-Road & Bridge	$	34,185.26
18-County Law Library	$	3,586.88
19-Public Library	$	25,000.00
50-Indigent Health Care	$	710.04
59-General Contractual Oblig	$	6,205.00
63-Lake Ingram Est Rd Dist	$	9,765.00
76-Juv Detention Facility	$	281.97
TOTAL
$ 211,458.23
Upon motion made by Commissioner Letz, seconded by Commissioner
Nicholson/Williams, the Court unanimously approved by vote of 4-0-0 to
pay the claims and accounts.
.__ ORDER NO. 29778
BUDGET AMENDMENT
216TH DISTRICT COURT
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Williams, seconded by Commissioners Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Amendment
Expense Code Description Increase/()Decrease
,... 10-435-402 Court Appointed Attorney +	$6,863.50
10-435-494 Special Court Reporter +	$175.00
10-435-401 Court Appointed Services -	($4,838.50)
10-435-415 Special District Judge -	($2,200.00)
ORDER NO.29779
BUDGET AMENDMENT
198TH DISTRICT COURT
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-436-402 Caurt Appointed Attorney
10-436-403 Civil Court Appointed Atty
Amendment
Increase/()Decrease
+ $5,095.00
- ($5,095.00)
ORDER NO. 29780
BUDGET AMENDMENT
JURY
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Williams, seconded by Commissioners Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-434-496 Interpreters
10-434-492 Juror Fees
Amendment
Increase/QDecrease
+ $3,624.00
- ($3,624.00)
ORDER NO. 29781
BUDGET AMENDMENT
COUNTY COURT @ LAW
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-427-403 Master Court Appointments +
Amendment
Increase/QDecrease
$1,162.00
10-427-402 Court Appointed Attorney - ($1,162.00)
ORDER NO. 29782
BUDGET AMENDMENT
JUVENILE DETENTION FACILITY
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Nicholson, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
76-572-109 Contract Services
76-572-333 Resident Medical
76-572-486 Professional Services
Amendment
Increase/()Decrease
+ $42.00
+ $98.45
- ($140.45)
ORDER NO. 29783
BUDGET AMENDMENT
COURTHOUSE & RELATED BLDGS
HC YOUTH EXHIBITION
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Williams, seconded by Commissioners Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Amendment
Expense Code Description Increase/()Decrease
10-510-350	Supplies +	$268.41
10-510-440	Utilities +	$3,208.55
10-510-450	Repairs & Maintenance +	$3,501.44
10-510-550	Major Repairs +	$2,497.03
10-510-470	Leasehold Improvements -	($2,000.00)
10-666-440	Utilities -	($7,475.43)
ORDER NO. 29784
BUDGET AMENDMENT
DETENTION MAINTENANCE
JUVENILE DETENTION FACILITY
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-515-451 Detention Repairs
76-572-486 Professional Services
Amendment
Increase/QDecrease
+ $752.57
- ($752.57)
ORDER NO. 29785
BUDGET AMENDMENT
RABIES & ANIMAL CONTROL
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Nicholson, seconded by Commissioners Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-642-461 Lease Copier
10-642-202 Group Insurance
Amendment
Increase/ODecrease
+ $340.00
- ($340.00)
NOTE: Projected expenditures through 9/30/06.
ORDER NO. 29786
BUDGET AMENDMENT
CONSTABLE PCT #3
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-553-499 Miscellaneous
10-553-310 Office Supplies
Amendment
Increase/QDecrease
+ $107.00
- ($107.00)
ORDER NO.29787
BUDGET AMENDMENT
ALTERNATE DISPUTE RESOLUTION
Came to be heard this the 10th day of July, 2006, 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 and issue a hand check in the amount of $17,000.00 to Hill Country
Alternative Dispute for HCADR/'OS-'06 Contract Pmt:
Expense Code Description
40-437-415 mediation
Amendment
Increase/()Decrease
+ $4,500.00)(
*-Contract amount approved by Commissioners' Court on 6/26/06
)(-Amount, needed to meet approved contract, to come from Fund Balance.
ORDER NO.29788
BUDGET AMENDMENT
COUNTY CLERK
GENERAL
Came to be heard this the 10th day of July, 2006, with a motion made by
Commissioner Letz, seconded by Commissioners Nicholson, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-403-430 Notices
10-402-430 Election Notices
Amendment
Increase/QDecrease
+ $42.83*
ORDER NO.29789
MONTHLY REPORTS
Came to be heard this the 26th day of June, 2006, 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:
County Clerk -Trust Fund May, 2006
District Clerk -May, 2006
County Attorney - thru June, 2006
Sheriffs Office