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KERR COUNTY COMMISSIONERS COURT
Special Session
Friday, July 28, 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
DAVE NICHOLSON, Commissioner Pct. 9
ABSENT: JONATHAN LETZ, Commissioner Pct. 3
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I N D E X
July 28, 2006
PAGE
1.1 Receive and open Requests for Qualifications
for professional services to provide planning
and engineering services for the Center Point
Wastewater Project, refer to Commissioners
Williams and Letz for review, scoring and
recommendation 3
1.2 Consider, discuss and take appropriate action
on COBRA expense for one month for a single
employee 5
--- Adjourned g
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On Friday, July 28, 2006, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Let me call to order the meeting --
special meeting of the Kerr County Commissioners Court
scheduled for this date and time, Friday, July 28th, 2006, at
9 a.m. It is that time now. Let's move to the first item on
the agenda, if we might. Receive and open Request for
Qualifications for professional services to provide planning
and engineering services for the Center Point Wastewater
Project; refer the same to Commissioners Williams and Letz for
review, scoring, and recommendation. Commissioner Williams.
COMMISSIONER WILLIAMS: We have three items that
arrived prior to the deadline.
JUDGE TINLEY: Okay, I'll open those. The first one
we have is from Tetra Tech, Incorporated. Wow. There are a
number of --
COMMISSIONER WILLIAMS: I think they're --
JUDGE TINLEY: -- portfolios, and I'm not sure --
COMMISSIONER WILLIAMS: The dollar amount is --
JUDGE TINLEY: Ain't there.
COMMISSIONER WILLIAMS: Well, is predetermined, the
dollar amount. So it's just all the various qualifications
~-28-06
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and so forth.
JUDGE TINLEY: Yeah. The submission of Tetra Tech
appears to be in order. The next one is from Klein
Engineering, Incorporated. This one also appears to be in
order. And you have a third one?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Third one is contained in two
envelopes. It is from Vordenbaum Engineering out of
Fredericksburg. Second envelope is just more of what's
contained in the first? Yes, it is. That proposal also
II appears to be in order.
COMMISSIONER WILLIAMS: Okay. Judge, I would move
-- I would move acceptance of the qualifications for proposal
for professional services, and refer those to Commissioners
Letz and Williams for review, scoring, and recommendation to
the Court. That's a motion.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: We have a motion and a second for --
to approve the receipt of Request for Qualifications for the
professional services as indicated on the agenda item, and
referral of same to Commissioners Williams and Letz for
review, scoring, and recommendation. Is there any -- any
discussion, comment on the motion? All in favor of that
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion carried. Let's move to
MR. EMERSON: I will tell you what little I know.
July 19th, I was contacted by Michelle from our insurance
administrator's office. There is a county employee who, for
HIPAA purposes, I'd just as soon not mention or go into
specifics, but the bottom line is that she was out of work
from the end of December '05 until April of '06. Apparently,
there's an inherent conflict between our Mutual of Omaha
policy and our personnel policy on FMLA and the insurance and
when it applies, with the bottom line result being that this
employee did not have any insurance coverage for the month of
April, was not advised that COBRA was available and should be
picked up, and there's a gap. The recommended path of least
resistance to try to solve this is for the County to pick up
one month's premium of COBRA expense for this employee,
thereby avoiding $2,400-plus in medical bills. From the
information I've been able to gather, I don't think it's been
the employee's fault that things kind of went down.
COMMISSIONER WILLIAMS: What's the employee handbook
say?
7-28-06
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MR. EMERSON: Employee handbook says that FMLA
covers and the insurance will be paid while employee's out on
FMLA.
JDDGE TINLEY: Paid by the County?
MR. EMERSON: Paid by the County. The Mutual of
Omaha policy says that their insurance does not cover -- does
not apply after 90 days of, quote, active employment, which
means that we have a conflict, because somebody could be out
on FMLA. Under our policy, we're supposed to pay. FMLA's
good for 120 days, but the Mutual of Omaha policy runs out at
90 days, based on their wording.
COMMISSIONER BALDWIN: Rex, is there something we
need to correct in the policy handbook?
MR. EMERSON: Yes.
COMMISSIONER BALDWIN: Okay.
MR. EMERSON: We either need to correct the policy
handbook and/or correct -- amend our contract with Mutual of
Omaha --
COMMISSIONER WILLIAMS: Well,they need to mesh.
MR. EMERSON: -- to reflect the same language. ~Pney
need to -- that's correct, they need to mesh.
COMMISSIONER BALDWIN: Who has the responsibility to
let an employee know about the COBRA program?
MR. EMERSON: Whoever's handling the personnel/human
resources.
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COMMISSIONER BALDWIN: Okay. It's not the
employee's responsibility?
MR. EMERSON: It's the employer's responsibility.
COMMISSIONER BALDWIN: Okay. That's all I have.
JUDGE TINLEY: The bottom line here is that the --
the policy manual of Kerr County as it presently exists, which
we distribute to our employees, tells those employees that if
they're in an FMLA status, Kerr County will pay -- will be
responsible for their insurance coverage.
MR. EMERSON: Correct.
JUDGE TINLEY: We're on the hook, the way I see it.
Easily.
MR. EMERSON: Correct.
COMMISSIONER WILLIAMS: We are, definitely.
COMMISSIONER BALDWIN: What is the dollar amount?
MR. EMERSON: $515.10.
COMMISSIONER NICHOLSON: I probably don't need to
know the answer to this, but since we don't charge the
employee anything for health insurance, why is there any
premium to pay?
MR. EMERSON: It's COBRA coverage, because of the
way the policy's written.
COMMISSIONER WILLIAMS: In excess of 90 days.
MR. EMERSON: Yeah, that's the problem.
COMMISSIONER NICHOLSON: Okay.
7-28-06
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MR. EMERSON: There's a letter in the packet, Judge,
that if the Court approves it, it's dated June 19th from
Mutual of Omaha, that has a one-time amendment to the
administrative services agreement to allow them to go back and
retroactively address the COBRA issue.
COMMISSIONER WILLIAMS: What budget line will this
come from?
MR. EMERSON: I don't know, Commissioner.
COMMISSIONER WILLIAMS: Well, there's a department
that this employee worked for, right?
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER WILLIAMS: Would it be charged back to
that department, reasonably? Auditor seems to think so.
COMMISSIONER NICHOLSON: I would think so.
COMMISSIONER WILLIAMS: Okay. Move approval.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion?
COMMISSIONER BALDWIN: Yes, sir. Would you please
put the dollar amount in the motion?
COMMISSIONER WILLIAMS: $515 and --
COMMISSIONER BALDWIN: 10 cents.
COMMISSIONER WILLIAMS: -- and 10 cents.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: We have a motion and second. Motion,
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as amended, to include the dollar amount of $515.10. Any
further question or discussion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Is there any
more business to be covered under the agenda of the special
Commissioners Court meeting which was called to order moments
ago? If not, I will adjourn that meeting.
(Commissioners Court adjourned at 9:11 a.m.)
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 31st day of
July, 2006.
JANNETT PIEPER, Kerr County Clerk
BY : ____ _ _ _~__ LL,C --
Kathy B ik, Deputy County Clerk
Certified Shorthand Reporter
7-28-Oo
ORDER NO. 29821
CENTER POINT WASTEWATER PROJECT
Came to be heard this the 28`h day of July 2006 with a motion made by Commissioner Williams, Secemded by
Commissioner Baldwin, the Court unanimously approved by a vote of 7-0-0 (Commissioner [ etz ~~' isent) to
accept the qualifications for proposal for professional services and refer them to Cor.~missioner i,et.: and
Williams for review, scoring and recommendations to the Court from Tetra Tech, Inc., Klein Engineering, hoc
and Vordenbaum Engineering.
ORDER NO. 29822
COBRA EXPENSE
MLrTUAL OF OMAHA
Came to be heazd this the 28`h day of:fuly 2005 with a motion made by Commissioner Williams_ Seo. ncEad by
Commissioner Nicholson, the Court iuianimously approved by a vote o1' 3-0-0 ~C~~u~nissioner Let.: absent) to
pay for one months' premium of COBRA expense of $515.10 and a one time amendment to the adrmriistrati=~e
service agreement with Mutual of Omaha.