1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, October 23, 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 ~.~ M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 I N D E X October 23, 2006 PAGE --- Visitor's Comments 5 --- Commissioners' Comments 7 1.1 Consider/discuss, take appropriate action on time frame for bid process 10 1.2 Consider/discuss, take appropriate action on replacing current Internet service provider with Bee Creek Communications Inc. at West Kerr Annex 12 1.3 Consider/discuss, take appropriate action on bids for three exit doors in indoor arena 14 1.4 Consider/discuss, take appropriate action on 2006-07 payroll step & grade & position schedule corrections 19 1.5 Consider/discuss, approve 2006-07 Kerr County Community Plan, adopt resolution for submission to AACOG 27 1.6 Consider/discuss, take appropriate action to authorize participation of Kerr County Victims Services Department in Criminal Justice Center Internship Program at Sam Houston State University 42 1.7 Consider/discuss, take appropriate action for concept of T-H Acres, Precinct 4 44 1.8 Discuss/take action to clarify budget regarding: (1) requested merit increases for two employees, and (2) payroll error constituting overpayment to another employee; and amend budget as necessary (Executive Session) 54 1.9 Consider/discuss, take appropriate action regarding possible changes to position schedule (Executive Session) 54 1.10 Consider/discuss, take appropriate action to authorize Kerr County to submit bid to perform certain airport services 64 1.11 Consider/discuss, approve Animal Control contract with the City of Kerrville 69 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X October 23, 2006 PAGE 1.12 Consider/discuss, take appropriate steps to post and/or advertise for Administrative Assistant/Court Coordinator for Kerr County Commissioners' Court 70 1.13 Receive/take appropriate action on bids or proposals received for 2007 Employee Health Benefits Program 75 1.14 Consider/discuss, take appropriate action with reference to report of Flat Rock Dam leakage 80 4.1 Pay Bills -- 4.2 Budget Amendments g7 4.3 Late Bills __ 4.4 Approve and Accept Monthly Reports 89 5.1 Reports from Commissioners/Liaison Committee Assignments gg 3.1 Action as may be required on matters discussed in Executive Session g7 --- Adjourned gg 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 On Monday, October 23, 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: Good morning, ladies and gentlemen. Let me call to order this regular meeting of the Kerr County Commissioners Court regularly scheduled and posted for this date time and date, Monday, August (sic) the 23rd, 2006, at 9 a.m. It appears to be right at that time now. Commissioner Nicholson: COMMISSIONER NICHOLSON: Will you please stand and join me in prayer and the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's a member of the public or the audience that wishes to be heard on any matter that is not a listed agenda item, feel free to come forward and tell us what's on your mind at this time. If you wish to be heard on a listed agenda item, we would ask that you wait until that item is called, and we would prefer that you fill out a participation form. They can be found at the back of the room. It's not absolutely essential that you do that, but it helps me to be aware that there is someone that wants to be heard on a specific item when we get to it so that I don't miss you. But even if you haven't filled out a 10-23 06 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 participation form, when we get to that particular item, if you will get my attention in some way, shape, form, or manner, I will recognize you so that you have the opportunity to be heard. But if there's any member of the public that wishes to be heard on any item that is not a listed agenda item, please come forward and give us your name and address. MR. TRIGO: My name is Steve Trigo. My address is 165 Scenic Valley Road. In an article in the Kerrville Daily Times on or about September 21st, 2006, Judge Tinley was reported as saying, "As the county's chief elected official, I am obligated by my oath of office to bring to light problems that are costing the taxpayers money." Again Tinley was quoted in the San Antonio Express on or about September the 10th, 2006, as saying, "The taxpayers are not getting their money's worth and she (Nemec) is costing the taxpayers." I question Judge Tinley's leadership. He wasted $3,835 of the Kerr County taxpayers' money by ordering an unnecessary audit. The alleged error with the 2005-2006 step and grade schedule should have been handled by asking the principals -- County Auditor Tommy Tomlinson, Sheriff Hierholzer, County Treasurer Barbara Nemec -- to meet and resolve the problem, if actually one existed. The $3,835 audit cleared the County Treasurer. Kerrville Daily Times headlines: "Audit finds Nemec not at fault in pay issue." San Antonio Express News: "Audit finds 10-23-OG 1 2 3 4 5 6 7 8 9 10 11 ]2 13 19 15 16 17 18 19 20 21 22 23 24 25 6 Now here we are today truly facing an error with the for the preparation of a step and grade and it's just a personal vendetta you have with her, as you have evidenced time and time again, are you just going to let it be fixed among the experts who are hired and elected to do their job as you should have done back in June? The above solution should not have -- should only have saved the taxpayers $3,835, but it would have reduced the level of strife and contention among elected officials. It would have prevented nasty and unneeded accusations from being aired in the local newspapers, and freed official personnel to solve more pressing and important problems. It is poor leadership to continually and falsely accuse an elected official publicly, but it is breaking your oath of office to ignore your own waste of taxpayers' money. Frankly, Judge Tinley, the taxpayers money's worth from the County Judge, taxpayers money. Because of the dup problem is far more serious than the the Commissioners Court on September claim be made on Judge Tinley's bond are not getting their and you are costing the Licity involved, this one you brought before 15th, 2006. I propose a for the $3,835. This is a serious mistake, one that should not be ignored or brushed 10-23-06 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under the carpet. JUDGE TINLEY: Thank you, sir. 7s there any other member of the public or the audience that wishes to be heard with regard to any matter that is not a listed agenda item? Any other member of the public that wishes to be heard? Thank you very much. Let's move on. Commissioner Nicholson, what do you have for us this morning? COMMISSIONER. NICHOLSON: I pass. JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. I have one issue -- well, thank you. I have one issue that I'd like to bring up. I have a memo here from Jim Lehmann, the manager of the Office of Court Administration, and he points out that there are 64 county collection deparr_ments in the state of Texas. 64. Kerr County's collection rate is 94 percent. That puts us number three in the entire state. And if you just looked at County Court at Law only, we're number two in the state. So, that's a -- this is great news. This is a lot better than I thought it was. COMMISSIONER NICHOLSON: Very good. COMMISSIONER BALDWIN: That's all. JUDGE TINLEY: Thank you, sir. Commissioner Williams? COMMISSIONER WLLLIAMS: I just noticed a little memorandum in our box, a copy of which went to Commissioner 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 8 Letz and myself, indicating that TexDOT Aviation has agreed to percent grant, $80,000. Ninety percent grant, with the remaining 10 percent probably to come out of the airport budget. So, we'll get a business plan underway sometime next year, I would imagine. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: I don't know. Commissioner's smiling; I'm not sure why. COMMISSIONER LETZ: I was just going to quote Sam. His newest thing is, "Yee-haw!" (Laughter.) Only thing I have is just that anyone who has been on Highway 27 in the past couple weeks will notice a lot of construction, which has almost come to completion. I would recommend not going on Highway 27 to Comfort today or tomorrow, probably. But what it is all about is putting the turn lane in at Lane Valley. They've -- the new paving was put in, and they should be striping it today and tomorrow. And it'll add greatly to the safety of that stretch of the highway. So, I'm glad; just want to report that that project's almost done, TexDOT project. And -- COMMISSIONER BALDWIN: I was -- I took that route a couple weeks ago, and I think that is -- right in the area of Lane Valley is the only area on that entire highway that there's a turn lane. 10-23-Oti 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 9 COMMISSIONER WILLIAMS: That'll take care of the COMMISSIONER BALDWIN: Commissioner's -- all of his COMMISSIONER WILLIAMS: Big rigs turning into Lane COMMISSIONER LETZ: I'd point out, the reason for that intersection was it's listed in the top 10 most dangerous intersections in rural Texas by TexDOT, and that's when TexDOT put it on a priority fast track to put that turn lane in, and as a result of McBryde Oil -- there's a couple. Really, two wrecks that were real -- three pretty bad ones right there within about a two-year period. One, McBryde Oil's truck was broadsided as it was coming out of Lane Valley by a motor home, and obviously, when you have a gasoline truck hit by a motor home, it's not a good situation. Luckily, it didn't explode, but it did a lot of damage. I think one person might then right after that, there was an older gentleman from Kerrville, one of my constituents, who was rear-ended as he -- just because he was -- he was driving rather slow on the shoulder. And Commissioner Baldwin laughs; I knew who it was 'cause I recognized the bumper in the ditch. And -- Chester 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 10 Spenrath. But he was, fortunately, not hurt bad. But, anyway, that was the reason for this turn lane. There was just a -- a lot of very serious wrecks, and in a very short period of time, and I guess that gets TexDOT's attention. JUDGE TINLEY: Anything else? COMMISSIONER LETZ: That's it. JUDGE TINLEY: Commissioner 4? That's right, you've already passed. Okay, let's get down to business, folks. First item on the agenda; consider, discuss, take appropriate action on time frame for bid process. I'm not sure what bid process we're talking about, but let's hear from Mr. Bond. I'm sure -- MR. BOND: Hopefully I can explain it to you. JUDGE TINLEY: All right, sir. MR. BOND: It's time to bid the pest control for the county once again. And since we do a couple other large places like the county, they have a bid structure where they offer the bid every three to five years -- three or five years, and I'd just like you to give consideration to doing that. We're not the -- the principal for pest control right now, but hopefully we will be when the new bid is opened. But it -- and you might put an escalation clause in there, which is rather easy to do, I believe, and just what percentage whoever's bidding would increase everyone for two or three to five years. So, that's -- that's what I would recommend. It 10-23-06 11 1 2 3 9 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 23 29 25 might simplify things for the County, and also for whoever's making the bid to do it, 'cause it's kind of a pain in the neck if we revisit every one of the sites that we bid on, and so it takes some time do that. And if you have an escalation clause in it, it should be sufficient to cover any frugalities, and it's all part of the bid. A couple other things. We try to be really active in the community -- Lighting Committee, Rotary, Kiwanis -- in our company, and so some of those things we would hope might be considered when we -- when do you opening of the bids. I'm not sure that's possible, but if it is possible, we'd like to have that consideration. JUDGE TINLEY: Any member of the Court have any questions for Mr. Bond? COMMISSIONER LETZ: I have a question for our County Attorney. This issue comes up frequently. We have taken the policy on most issues of not doing multi-year bids, just 'cause of obligating -- I guess you can put -- we can put a provision in there that it does not commit future budgets. Is there any problem with doing what he's asking, as long as you put in that clause? MR. EMERSON: As long as you limit it with the fact that so long as currently budgeted money is for the contract, -- COMMISSIONER LETZ: Okay, thank you. 10-23-Ofi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 MR. EMERSON: -- you're fine. MR. BOND: Thank you. JUDGE TINLEY: Thank you, sir. Any member of the Court have anything they wish to offer with regard to that particular agenda item? Let's move, then, to Item 2; consider, discuss, and take appropriate action on replacing the current Internet service provider with Bee Creek Communications Incorporated at the West Kerr Annex, and authorize County Judge to sign contract for the purchase of same. Mr. Trolinger? MR. TROLINGER: Good morning. The service was actually started as of last week; there was an emergency, and Bee Creek agreed to come out and install without a contract in place. I just wanted to make that note. The contract had four notes from the County Attorney, all of which have been agreed to by Bee Creek to be written in on this contract, and the service has been in place at the Ingram City Marshal and successfully running two or three months, so I'm pleased with their service there. COMMISSIONER NICHOLSON: What's the cost of our current service? MR. TROLINGER: $69 per month. COMMISSIONER NICHOLSON: Current? MR. TROLINGER: Yes, sir. COMMISSIONER NICHOLSON: Previous? 10-23-Ofi 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TROLINGER: Same. COMMISSIONER NICHOLSON: We're not changing suppliers? MR. TROLINGER: We're changing suppliers. The price remains the same. COMMISSIONER NICHOLSON: Okay. COMMISSIONER WILLIAM5: The price of the previous supplier was the same? MR. TROLINGER: Yes. COMMISSIONER WILLIAM5: Why are we changing? MR. TROLINGER: Because the old service provider was unreliable. COMMISSIONER NICHOLSON: I spoke to Judge Ragsdale; he says this is the best thing since sliced bread, so I move that we approve it. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded Łor approval of the agenda item. Any question or discussion? COMMISSIONER BALDWIN: We like sliced bread a lot. COMMISSIONER WILLIAMS: Yeah. Particularly with barbecue on it, right? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: A11 in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 3; consider, discuss, and take appropriate action on bids for the three exit doors in the indoor arena. Mr. Bollier? COMMISSIONER WILLIAMS: Let me introduce this, Judge. JUDGE TINLEY: Okay, fine. COMMISSIONER WILLIAMS: On an earlier occasion this year, the president of the Hill Country District Junior Livestock Show spoke with me about a fire safety problem -- public safety problem in the arena, and because all we have are the big overhead doors, and if there was ever a fire in there, young people or other or adults trying to get out would have a difficult time getting out, trying to raise those overhead doors, and he believed it was a fire problem. About two weeks ago, Commissioner Letz and I visited with the Hill Country District Junior Livestock Show people at a board of director's meeting, and at the conclusion of our discussions, they brought this back up again. So, I asked Mr. Bollier if he would get some bids for installing doors with push-bar handles to get out from inside, what that would take to correct that public safety problem, and that's the reason for this being on the agenda. in-zs-oe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 COMMISSIONER BALDWIN: Is this a budgeted item? COMMISSIONER WILLIAMS: I don't know; let's find out. I don't know what he's got in his budget. Mr. Bollier? MR. BOLLIER: I -- COMMISSIONER BALDWIN: Was this issue talked about when we built the budget? COMMISSIONER WILLIAMS: No, it was not. COMMISSIONER BALDWIN: Okay. All right. It's not a budgeted item, then. MR. BOLLIER: At this time -- COMMISSIONER WILLIAMS: He has major repairs in his budget, and this could fall under that. MR. BOLLIER: Under Major Repairs, I believe I have $1,200 in Major Repairs. COMMISSIONER WILLIAMS: 1,200? MR. BOLLIER: Yes, sir. COMMISSIONER WILLIAMS: Well, that won't cover it. COMMISSIONER LETZ: This is something that I think, from a fire standpoint, it does need to be done. My understanding from talking with the folks is that we're -- if -- without this, the fire marshal could shut down any event, basically, if it wanted to. I mean, I don't know what it would bar a whole lot in there, but it's one of those public safety issues that we need -- COMMISSIONER WILLIAMS: Need to address. Tommy, 10-~3-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 where do we have money? MR. TOMLINSON: Well, I think the last -- the last court, you -- your order was to consolidate Maintenance into one department, and there's -- I think there's -- I don't remember the exact amount, but I think there's 30,000, 40,000 in major repairs combined, county-wide. So, I would say -- COMMISSIONER LETZ: Out of that item? MR. TOMLINSON: -- take it out of that line item and move it over to the -- COMMISSIONER WILLIAMS: That's kind of what I ~ thought. MR. TOMLINSON: Do a budget amendment to move it to the Ag Barn budget, the amount necessary to -- to satisfy the contract. COMMISSIONER LETZ: Mr. Bollier, are you -- you think these bids are reasonable, in your mind? I mean, they look a little high, but it's not an easy job. MR. BOLLIER: Well, the one that I got there from Foxworth, if you'll look on there, that does not include the guardrails and the concrete. And if you'll look over on Omega Builders, in the bid that they gave us, it does include the concrete and the guardrails, and -- JUDGE TINLEY: Ramps. MR. BOLLIER: -- and all of that. COMMISSIONER LETZ: I mean, clearly, looks like 10-23-OG 1 G 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 17 Omega's the best bid. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Because it does have the -- has the concrete, and gets us over the threshold. COMMISSIONER LETZ: It's also cheaper. COMMISSIONER NICHOLSON: Did we solicit bids? I don't remember seeing this. JUDGE TINLEY: It was a short-fuse item because of the time frame in trying to get it in before January. And -- and Mr. Bollier, I -- was there any publication, other than just telephone solicitation and contact with potential bidders? MR. BOLLIER: Yes, sir, that's all I -- I did. And then they showed up at the Ag Barn, and I showed them the work that we needed done. JUDGE TINLEY: Approximately how many did you contact to solicit bids? MR. BOLLIER: Nine. JUDGE TINLEY: Okay. And you got two bids? MR. BOLLIER: Yes, sir. JUDGE TINLEY: Yeah. Okay. COMMISSIONER BALDWIN: The only thing I think that we need to do here is transfer the full amount of the bid, and leave the 1,200 there in that budget. COMMISSIONER WILLIAMS: Well, what do we have, 10-23-U6 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1,200? Do we have 30,000? COMMISSIONER LETZ: Different line items. MR. TOMLINSON: 1,200 in the Ag Barn budget. COMMISSIONER WILLIAMS: Okay. But in general, in the major repairs for maintenance, we have the other? I move approval of the item, with $5,404.66 to be taken out of the Major Repairs line item. COMMISSIONER LETZ: Second -- second, maybe. JUDGE TINLEY: Motion made -- oh. COMMISSIONER LETZ: The question is, Rex, can we -- since this came in at over $5,000, doesn't it require a formal bid process? Or -- COMMISSIONER WILLIAMS: It's 25,000. MR. EMERSON; 25,000. COMMISSIONER LETZ: 25,000? Okay. Then I don't have -- then I'm -- JUDGE TINLEY: Second is solid? COMMISSIONER LETZ: Second's solid. JUDGE TINLEY: Okay. We have a motion and a second. Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: A11 opposed, same sign. (NO response.) JUDGE TINLEY: The motion carries. You can notify io-_3-oe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 Omega, I guess it is, that we're going to get on with it. MR. BOLLIER: Yes, sir. Thank you, sir. JUDGE TINLEY: Thank you. COMMISSIONER BALDWIN: Good job, Tim. MR. BOLLIER: Thank you, sir. JUDGE TINLEY: Let's move to Item 4; consider, discuss, and take appropriate action on the 2006-2007 payroll step and grade and position schedule corrections. Mr. Tomlinson? Ms. Hyde? MS. HYDE: Good morning. JUDGE TINLEY: Good morning. (MS. Hyde handed up binders to the Court.) MS. HYDE: The colors don't mean anything; they were just what I could find. COMMISSIONER NICHOLSON: Well, I like that. Let's not buy new covers if we don't have to. MS. HYDE: I wanted to thank you for the opportunity to present to the Court a revised 2006-2007 step and grade and position schedule. Due to some discovered errors in the step and grade and the position schedule, I respectfully request your approval to the corrections presented. Using these as a new baseline, I will also request that the elected officials and department heads review this one more time to insure accuracy so that, going forward, our payroll will be correct and our employees get paid correctly on a bimonthly basis. 10-23-OG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 If you guys would open up your books, please, and go to the first tab, you'll see the step and grade along with a position schedule that I was given to use for payroll out of the 2006-2007 county budget. At that point, we were told to use the position schedule and pay personnel accordingly. As we got going and got about 90 percent done with payroll, we began looking at some items that didn't appear to be consistent, and that is how much people were being paid. I went back to the step and grade and looked at the step and grade. So, if you guys would look at Step 12 on Pay Grade 12, on the very first page and come down to your left to 12.5, 11, 13, 10, and just continue down, you'll see that those numbers change. In a step and grade, those numbers should be consistent. JUDGE TINLEY: Would you explain that again, please? COMMISSIONER WILLIAMS: One more time. MS. HYDE: If you go to Grade 12 -- COMMISSIONER WILLIAMS: Yeah. MS. HYDE: -- Step 12, you'll see that the semimonthly amount is $1,069.68. COMMISSIONER WILLIAMS: Right. MS. HYDE: If you go to 12.5, Step 11, semimonthly, it's now $1,069.67. If you go down to step -- excuse me, Grade 13, Step 10, it dropped again to 1,069.65. Does everyone see what I'm showing? 10-23-OH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zl COMMISSIONER BALDWIN: It went up on 14. MS. HYDE: Right. If you go down to 14 and go down throughout, they go up and down, and it just depends. This is all due to calculations, and they can go up a few pennies and go down a few pennies. But if we post this for employees to look at, that doesn't help the employees when they look at this and they see that they're either being shorted, in their minds, a penny, two pennies, five pennies, seven pennies, and some of these get worse as they go up the position schedule. COMMISSIONER NICHOLSON: The total impact of these irregularities, is it very small? MS. HYDE: It's approximately .5 of a percent of the total line item. So, this is what our payroll began to be on. If you go to the second tab, after we found this error, I requested an updated step and grade schedule. It's dated 10/4. We had to go back, redo payroll, to use this step and grade pay for the personnel. At this point, it's already 10/11. We had to get payroll out, so we used this one, along with updating the position schedule to give us a baseline. As you can see, they still change. This one also included a 4.2 percent COLA versus a 4.21 percent COLA. If you go to Tab 3 -- COMMISSIONER NICHOLSON: Where do we get -- I know about the 4.2. What's the 4.21? MS. HYDE: We were told it was 4.21. 10-23-Oti z2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: By who? MR. TOMLINSON: That's what I understood. That's ~ the way -- COMMISSIONER WILLIAMS: 4.2. MR. TOMLINSON: That was the -- what the -- that was the last number that I heard that was -- was the Consumer Price Index. JUDGE TINLEY: The court order, to my recollection, was 4.2 that we adopted. COMMISSIONER WILLIAMS: That's correct. COMMISSIONER NICHOLSON: That's correct. MS. HYDE: If you go to the fourth tab, your last tab, this is what I'm presenting and asking for your approval at this point. COMMISSIONER WILLIAMS: Fourth tab? Tab 4? MS. HYDE: Yes, sir. And they'll be different r_olors, so I can't tell you the color to go to, but at the bottom it should say, "Revised 10/18 of '06." This one is locked. I revised it with Mr. Trolinger's help, and then locked it down. If you go to Pay Grade 12, Step 12, the employee will receive 1,114.71. That includes a 4.21 COLA, so if you want me to take it back down to 4.2, I'll need to modify it. But if you go down to 12.5, 13, 13.5, you know, those numbers match all the way down. All employees can see that it's consistent. io ^_s-oF 1 0 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 COMMISSIONER BALDWIN: Is it going to be consistent if you take it back down to 4.2? MS. HYDE: I'll have to make it consistent. MR. TROLINGER: Yes, because the -- the spreadsheet now works off one beginning number, and once that's modified, they all fall below. JUDGE TINLEY: And that percentage increase will be consistent all the way through the schedule? There won't be any compounding as we get out -- MS. HYDE: No, sir. JUDGE TINLEY: -- to the later steps? MS. HYDE: As we went back through there, we found some errors in the macros. But Mr. Tomlinson is right; it was 4.21 that was the COLA. So -- although you approved 4.2, 4.21 was the COLA. COMMISSIONER NICHOLSON: Well, we're stuck with 4.2 unless we do something different. JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: I think the confusion may be that we, by a previous court order, said we were going to set -- do the COLA based on the C.P.I., but I don't think that meant it was going to be the C.P.I, exactly; it meant that we're basing our decision on 4.2, is what I believe the discussion was. COMMISSIONER WILLIAMS: That's correct. io-z~-nh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 24 COMMISSIONER LETZ: So, we'll have a 10/23 revision. MS. HYDE: Behind that is also the position schedule, and we've updated that as well. You can see in the notes, it also shows the changes so that we can keep up with them on what we've done to personnel, so that we can pass this out to all elected officials and department heads so that they can review it, insure that it's accurate and correct, and it also has our notes for any errors or deviations from the position schedule. COMMISSIONER WILLIAMS: Well, this is also based on 4.21 instead of 4.20? MS. HYDE: Yes, sir. COMMISSIONER NICHOLSON: Do you want to approve these changes based on it being recalculated at 4.2, or do you want to see a 4.2 recalculation before you approve it? JUDGE TINLEY: Ms. Hyde mentioned that she wanted to get these out to every elected official and department head one more time and give them one last opportunity to raise their hand before any errors -- perceived errors, questions or whatever. COMMISSIONER NICHOLSON: Let's rerun it at 4.2 and then get it out to everybody. JUDGE TINLEY: That's kind of what I'm thinking, before we come back and finally nail it. COMMISSIONER LETZ: We'll be here next Monday, 10-~3-06 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge. We can formally adopt it next Monday when we're here to pay bills. Don't we have a special meeting next Monday? I believe so. JUDGE TINLEY: That's what the Auditor tells us. COMMISSIONER WILLIAMS: Yes, we do, to pay bills the end of the month. COMMISSIONER LETZ: That way, we can get it adopted prior to the payroll period. JUDGE TINLEY: Is that at 9:00 or 10:00? COMMISSIONER LETZ: I think it's at 10:00, my recollection. But it doesn't make any difference to me. COMMISSIONER WILLIAMS: I thought it was 9:00, because you got another meeting at 10:00. JUDGE TINLEY: Okay. MS. HYDE: The 9th or the 10th? COMMISSIONER LETZ: At 9:00. COMMISSIONER NICHOLSON: 9 a.m. MS. HYDE: 9 a.m. on the 9th? COMMISSIONER NICHOLSON: Next Monday. COMMISSIONER WILLIAMS: Ms. Hyde, does the position schedule that you have revised, does that include all these payroll adjustments that you have on a separate sheet? MS. HYDE: Mm-hmm. Yes, sir, they do. These are all payroll adjustments. (Discussion off the record.) 10-23-06 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L 23 24 25 MS. HYDE: The payroll has to be completed this week by Wednesday. That will give Ms. Nemec enough time to cut checks and the County Auditor do the G.L. process. So... COMMISSIONER LETZ: I would do it based on 4.2. MS. HYDE: 4.2? DODGE TINLEY: Mm-hmm. MS. HYDE: These payroll adjustments, there are no names on them; they only have departments, and it tells about the overpayments or underpayments. And I think that, based upon the step and grade and the position schedule, that that is now understood why there's some errors. We do have one that we would need to -- I would respectfully submit we go into executive session to discuss on Roads and Bridges. COMMISSIONER NICHOLSON: What are you looking at? COMMISSIONER LETZ: Just inside the front cover. COMMISSIONER NICHOLSON: Oh. COMMISSIONER LETZ: Some of these are pretty significant changes. MS. HYDE: Yes, sir. COMMISSIONER WILLIAMS: Yes, indeed. MS. HYDE: There were some that were in the position schedule incorrectly, so their position went up or down. There are multiples that way. COMMISSIONER LETZ: Have the employees been made aware of this adjustment? is-z3-oh 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 27 MS. HYDE: The employees -- the employees know that these are adjustments; however, most of these, if they're position changes, they need to be brought before the Court and get the Court's permission. There is another item on the agenda for the District Clerk; she wants to discuss hers with y'all in an executive session, and I think that at this point, it would be easier if we went to executive session so that we could name personnel items. COMMISSIONER LETZ: I would agree. I think the Sheriff has an item, too. Don't you have an item? SHERIFF HIERHOLZER: It does -- mine is only executive session if it was needed. It doesn't pertain to anything she's doing. I'm doing some internal restructuring in the department that won't affect what's she's doing. JUDGE TINLEY: Any member of the Court have anything further to offer at this time with regard to this agenda item? I think we're going to come back to some executive sessions. We try and do those at the tail end of the agenda generally, and that's probably where we're going to address these so you might plan on kind of being around for that, okay? MS. HYDE: Thank you. JUDGE TINLEY: Thank you. Let's move to the next agenda item. Consider, discuss, and approve Kerr County Community Plan for '06-'07 and adopt resolution for submission to Alamo Area Council of Governments. Ms. Lavender? 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 MS. LAVENDER: How are you? Good morning. What I gave you just a minute ago is kind of a summary of the 42-page document that was put together called the Kerr County Community Plan for 2006-2007. As most of you know that have been on the Court, been around, this community plan is sent to annual basis, and it's from this plan that different agencies, both government and private entities, apply for grants, federal and state grants through AACOG. We expanded the plan a little bit this year, did some things a little different from what we've done before. Not because we thought CJAC, the Criminal Justice Advisory Committee, would be able to help us get funding for them, but just to address them as community issues and open doors for -- perhaps for some other grant opportunities through other agencies, both state, federal, and perhaps some private foundation grants. And I put together this little summary for you. There's two or three things on here that I'd really like to take just about 30 seconds each to point out to you, because I think they're real important. We had about 48 people from the -- from the community who participated this year in the community planning process, and we added a group this year that we had not had before, and that's our Health and Family deal. And that's not a CJAC issue as far as grants are concerned, basically, but health and family has a whole 10-23-06 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 29 lot to do with criminal activity in this community and every other community in the United States, and so that's the reason that we added it. And we added it because people on the On the juvenile issues, there's a couple of things that you need to recognize, I think, as the body that controls government in Kerr County. One is the need for a juvenile probation officer to deal with children who have mental health and some mental retardation problems. Unfortunately, that's community. And we can, through supporting this plan, help our Juvenile Probation Department apply for a grant that's going to provide that kind of probation officer. That person will be paired with a TCOMI M.H.M.R. caseworker, and will be solely responsible for working with children who have those issues. The other thing in the juvenile issue that you may be aware of is the Doyle School Community Center has a terrific program going over there through the Kerrville School District, and a lot of other organizations -- Greystone School out at Schreiner has joined with them to do after-school mentoring and other projects. And there are some safe and drug-free 10 23-Ob 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 Under Victims Services, basically, the first one is to continue what we are doing; the Victims Services We would like that we had last year. We have not talked about this. We'll come back to the Court if we decide to try again, but the need for the special prosecutor for crimes against women was evident. We -- we did 50 percent more than what we committed in the grant application, and yet it was not refunded, so we're hoping maybe we'll find out exactly why not, and if we opt to go with that, then another application will be made for the grant for next year. COMMISSIONER WILLIAMS: That's a Governor's office grant? MS. LAVENDER: Well, it's a federal grant through the Governor's office, yes, sir. The other thing is Number 4 under Victims Services, and if you'll look, Number 4 on Victims Services and Number 5 under Health and Family have kind of a statement that go with both of those. Housing for people who are crime victims, and housing for people who are homeless, and housing for some children in this community is very limited. A statistic for you; there's 72 Section 8 housing units in a community that now has almost 97,000 people 10 23-06 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. That's 72 families that can get federal help to pay their rent, and that's not very many. So, what it's doing to us, and it's doing it in the victim's services too, is it's filling up the shelter. And the shelter doesn't take people for a week or two weeks; the shelter has people that have been there four months and five months. And there are people that leave the shelter and then, in a week or so, are back in the shelter for one reason or another. And that's true with the Salvation Army shelter, and it's also true through the Hill Country Crisis shelter. One thing the community needs to look at is an intermediate shelter situation for victims of crime, where they don't need the lock-down situation, but they need some kind of support, counseling, and something to help these people. The ladies at Hill Country Crisis Council are very concerned about the situation, where particularly women and children are going back into abusive situations because they have no place else to go. COMMISSIONER WILLIAMS: Do you have any statistics as to how many victims of crime are recipients of Section 8 housing vouchers currently? MS. LAVENDER: Quite a few of them. COMMISSIONER WILLIAMS: Currently in Kerr County? MS. LAVENDER: Yes. And there's a waiting list of probably two and a half -- two to two and a half years for 10-23-06 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Section 8 housing right now. And Habitat for Humanity builds six or seven houses a year. The -- the City's Home Opportunity Board housing is pretty much built out, so it's really difficult. There is a new apartment complex going in over on Meeker Road that I understand is going to be Section 8 housing, but it's a very limited field of interest out there. And the Law Enforcement and Public Safety, all of our Homeland Security and/or law enforcement people -- and we split these into two different groups this year -- are concerned about being able to talk to each other on the radio, the interoperability of their radio systems and being able to share information by computer, and so that's the Number 1 and Number 2 issues. The third one is one I wanted to address real briefly, and that's -- COMMISSIONER NICHOLSON: I've got a question on that. MS. LAVENDER: Yes, sir? COMMISSIONER NICHOLSON: The interoperability of communications. I thought we were there. MS. LAVENDER: We're not, not with firemen and not with -- not on a consistent, day-by-day, 24-hour-a-day basis yet. If the Sheriff knows something I don't know and the committee didn't know... COMMISSIONER LETZ: What -- I mean, we have the capability, but we're not there. 1~1-23-Oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 33 MS. LAVENDER: We don't have the equipment. COMMISSIONER LETZ: We don't have the -- MS. LAVENDER: Right equipment. COMMISSIONER LETZ: -- walkie-talkies, the equipment. MS. LAVENDER: Exactly. And that's what they're talking about, is equipment issues. The other one is the School Resource Officer. I don't know whether you all are familiar with the School Resource Officer programs or not, but -- but Rusty had a grant that provided School Resource Officers, a federal grant. It was three years, and then the fourth year you funded it. And then it fell by the wayside, and the City has an S.R.O. officer at the Kerrville School District. Sherry James works both D.A.R.E. and as a type of School Resource Officer in the county. But Ingram now, since they annexed the Ingram School District out there on 39, the secondary campuses, they don't have the money to put a School Resource Officer in those campuses, and so Marshal Zachary is very interested in looking at some way to fund this, an S.R.U. for the Ingram secondary campuses, because the volume of calls -- and his department's pretty limited in size and in funding. And so that's something we're probably going to be back to -- to ask for permission to do a grant on. Homeland Security, Reverse 911. If the river comes up, we can call you and say you are -- you know, the river's 10-23-06 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming up, and I think Bill Amerine has spoken to you about that before. And then Number 3 under Homeland Ser_urity is kind of interesting. This is the CERT/CARAT program, and you all know -- DODGE TINLEY: Christine. MS. LAVENDER: Christine McIntyre -- I couldn't come up with the first name -- in the County Attorney's office is very involved in this. And I think we saw on television about a year ago down in New Orleans the fact that a lot of people were unwilling to leave their homes because nobody could take their dogs and cats and whatever with them, and that's what this speaks to, is a program by which, if we have to evacuate people, that we have a provision for the animals to be cared for too, because people don't like it. Health and Family, you can read through those. I think the most startling thing about it as you read the statistics in the big report is how many people are being treated in Kerr County for sexually transmitted diseases, and the fact that the clinic that was here that worked with those people and those kind of things it has closed, and so the funding -- the state funding was -- has dried up, and it's a problem. And the other thing is the mental health issues. Do any of you have any questions at all about it? COMMISSIONER BALDWIN: On that very one that you were just talking about, Health and Family, Number 2 -- 10-23-OH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 MS. LAVENDER: Mm-hmm. COMMISSIONER BALDWIN: -- the last words are, "hypertension plus education and counseling." MS. LAVENDER: About those things. If you're diagnosed with diabetes or hypertension or couns -- I mean cancer, the clinic that was here before would -- they had group sessions and did a lot of counseling and education on those issues. COMMISSIONER BALDWIN: Does that include abortion counseling? MS. LAVENDER: In that clinic? You know, I don't know. I don't have any idea. I know they do, you know, family planning, but I'm not sure that that's -- COMMISSIONER BALDWIN: Which most of the time means I abortion. MS. LAVENDER: I'm not aware of that. COMMISSIONER BALDWIN: Yeah. That's the way it -- what it means nationwide, anyway. Probably not here, of course. MS. LAVENDER: Well, the clinic that was open here was a -- a state-funded clinic, so I doubt that that was a -- because I think there's some limitations on funding about that. I don't know. COMMISSIONER BALDWIN: And then Health and Family, Number 5 that you covered, the homeless and transient 10-23-06 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 individuals. MS. LAVENDER: Mm-hmm. COMMISSIONER BALDWIN: We want to provide homes for these people? MS. LAVENDER: No. No, what we're looking at is additional shelter space. You know, the Salvation Army just got this huge grant to build an activity center. Have they been to you all and talked to you all about that? This will i be a premier facility. When they do it, it will be a gymnasium with a swimming pool and very family-oriented type thing, but no money for a shelter. The -- the Salvation Army has 20 beds for men and 8 for women, and they're full almost every night. COMMISSIONER BALDWIN: Mm-hmm. MS. LAVENDER: And, no, I don't think you need to provide permanent homes for people, but you do need -- and I think law enforcement deals with it too, when you find people, particularly in the wintertime, who need just a place to stay the night. And if the Salvation Army's full, there's not much place for them to go. And that was what we were addressing, was the -- the need just for temporary housing. Certainly, we don't want to encourage them to stay. COMMISSIONER BALDWIN: You know, I just find it hard to feel sorry for those people that choose to be transients. I -- 10-23-06 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MS. LAVENDER: But many of those people are also people who are dealing with mental health issues. COMMISSIONER BALDWIN: I understand that. MS. LAVENDER: And the mental health system has let them out of the facilities they were in, and they're on the street. COMMISSIONER LETZ: What's the -- the agenda item is discuss and approve the community plan. What happens with the -- with the approved plan? MS. LAVENDER: The approved plan is sent to AACOG, and it's posted on their web site. All the counties in AACOG have to do one. I guess all the counties in any COG in the state of Texas do the plan. Then they post it, and then the plan itself is used for a basis for those of us that do grants. And we say, you know, the -- like the Victims Assistance Coordinator is Priority 1 under the Victims Services portion of the Kerr County Community Plan in our presentation, and that's really all there is. Our reason for adding these and separating and kind of restructuring it this year was to kind of open up some more avenues, particularly for some of these nonprofits in town to look at some funding. COMMISSIONER BALDWIN: Rosa? COMMISSIONER WILLIAMS: If it's not in the plan, likely it won't score very high. MS. LAVENDER: Right, exactly. You get -- you get 10-~3-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 points on the score sheet for -- for it being in the plan, and where it is in the plan. If it's Number 1 in the plan, it's a different position than it would be if it were Number 5. JUDGE TINLEY: But with any of these grants, those are individually brought before the Court, if Kerr County is the applicant, and we have the decision whether or not to approve application for a particular grant. This doesn't automatically give -- we're not giving authority to make application for any grants in that plan. MS. LAVENDER: Right. Because, as with some of the grants, there's matching funds and stuff, and you're not going to commit yourself to pay anybody's matching funds, other than your county. ~I~I COMMISSIONER LETZ: But the other entities wouldn't come to us. ~I~' JUDGE TINLEY: No. I MS. LAVENDER: No. No. Ingram could apply for one themselves. It's -- any kind of government entity can apply. COMMISSIONER WILLIAMS: But what this does, though, it gives them -- gives them a better opportunity, or better -- MS. LAVENDER: Right, exactly. COMMISSIONER WILLIAMS: -- chance to score higher if it it's included in the plan. ~'~, MS. LAVENDER: Exactly. i COMMISSIONER BALDWIN: Rosa, you may have talked 10 23 06 39 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 L1 22 23 24 25 about this and I just missed it. Is there anything in this plan that is brand-new to the county-wide plan? MS. LAVENDER: The Health and Family. COMMISSIONER BALDWIN: That whole -- MR. ODOM: The whole section of Health and Family. COMMISSIONER BALDWIN: That whole section. MS. LAVENDER: Is all new. And then we separated Law Enforcement and Homeland Security into two different entities instead of putting those together. COMMISSIONER BALDWIN: Very wise. MS. LAVENDER: So that they would -- I think it stands out. Because let's say that -- that Rusty wants to apply, or somebody else wants to -- the volunteer fire -- let's say the volunteer fire departments want to apply for radio equipment to create this interoperability. Here we've got two different sections of our county -- our community plan that address the communications needs of emergency service providers. COMMISSIONER WILLIAMS: It's a far better way to do it. MS. LAVENDER: Thank you. COMMISSIONER WILLIAMS: To separate the two. MS. LAVENDER: Thank you. Well, Stephen Ramirez from AACOG came and helped us, kind of guided us through all of this, and I'm kind of happy with it now that we've gotten io ,3 on 40 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 it done. It -- it's a good -- we are going to go back and add the Salvation Army clinic to the list under medical servicas. I just didn't get them in there, but I'm going to go back and add them before I send it to AACOG. COMMISSIONER BALDWIN: Judge, I move we approve the Kerr County Community Plan for 2006 and '07, and adopt the resolution that is included in our packets. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? I know Ms. Lavender has worked long and hard on this plan. For a number of years, we had a -- what -- we had a good plan, and it had -- it had been kind of massaged and refined. But this year, she stepped out and did a whole lot of additional work on it, and as she's indicated, she's created some whole new sections here to try and make it more susceptible to availability of funds under the plan. MS. LAVENDER: And this was kind of like writing a curriculum guide, which I have a little experience in, too. COMMISSIONER WILLIAMS: Good show. JUDGE TINLEY: Any other -- COMMISSIONER NICHOLSON: This is good work, and it's -- MS. LAVENDER: Thank you. COMMISSIONER NICHOLSON: You can see -- this io-'s-o6 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one-page summary of what the needs are for Kerr County is good. MS. LAVENDER: Thank you. COMMISSIONER NICHOLSON: The motion doesn't commit Kerr County government to spend any funds? JUDGE TINLEY: No, sir. MS. LAVENDER: Does not. COMMISSIONER wILLIAMS: No. JUDGE TINLEY: Any other questions or comments on the motion? COMMISSIONER LETZ: Just -- one other comment would be is that it is a good snapshot of this portion of our community, and I think it's good to get it, you know, as well circulated as possible, 'cause it does -- I mean, reading through it and all the statistics, it kind of it stresses the -- MS. LAVENDER: Capacity. COMMISSIONER LETZ: -- the other -- I mean, a different side of Kerrville and Kerr County than usually get presented. JUDGE TINLEY: Any other questions or comments? All in favor of the pending motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. 10-23-Oti 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 42 (No response.) JUDGE TINLEY: That motion does carry. We'll move to Item 6; consider, discuss, and take appropriate action to authorize participation of Kerr County Victims Services MS. LAVENDER: This request came out of a workshop that I went to in Houston, and at a luncheon one day, I was sitting with a lady who was an instructor at Sam Houston State University in their Criminal Justice Department. And in visiting with her, she found out my background and said to me, "Did you ever have any student teachers?" And I said, "Well, yeah, I did, quite a few of them." And she said, "Would you be interested?" And I said, "Well, send me the paperwork." And what this means is that we would be put on a list at Sam Houston State University of potential organizations willing to host an intern, and it would be a one-semester program. No financial commitment from us at all. She said that they had several students in that program down there -- it's now part of the program, a component part of the program to have this internship in victim services for some of them that are getting degrees, and she said it would give that person an opportunity to do that in our system here. But it would also allow young people who are enrolled in Sam Houston from the hill country to have an internship option here, where they 10-23-Oti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 could come home and stay with family or friends or whatever during that semester to do the internship. There's no financial obligation for us at all. COMMISSIONER BALDWIN: Intern with you? MS. LAVENDER: Mm-hmm. And they would be able to do things at Hill Country Crisis Council and Kids Advocacy Place and the Sheriff's Office and wherever else I could work out a time for them to learn. COMMISSIONER WILLIAMS: They select the intern, and I then -- MS. LAVENDER: Yes, they would select the intern and forward that to us. COMMISSIONER WILLIAMS: They fund it? MS. LAVENDER: Right. COMMISSIONER NICHOLSON: I move to approve. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or comment? Question. Do we have any folks that are currently into the program at Sam Houston State from the hill country area? MS. LAVENDER: I have no idea. She seemed to indicate that there was, or she wouldn't have been so interested when she found out where I was from. JUDGE TINLEY: Okay. MS. LAVENDER: So -- I don't have any names or 10 23-OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 44 anything like that. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: My granddaughter is there studying pre-law, but I'm hoping there's still time to change her mind. Maybe she -- criminal justice or something -- anything else. MS. LAVENDER: We'll work on that. COMMISSIONER BALDWIN: We need to pray about that one. COMMISSIONER NICHOLSON: I am. MS. LAVENDER: Thank you. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 7, if we might; consider, discuss, and take appropriate action for the concept of T-H Acres in Precinct 4. MR. ODOM: Good morning. This concept is about T-H Acres. Mr. Hall owns 9.8 acres. He wishes to divide the lot, but plat the only 5-acre lot as a one-lot subdivision called T-H Acres. This will leave him with 4.8 acres, which he hopes to add to an adjoining tract at a later date. My questions to the Court are four: Does one lot constitute a subdivision? io-z3-o6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 Our rules says a division of a tract of land into two or more parts. Is he required to show the other tract as part of the subdivision? Should this not be a two-lot subdivision and grant a variance to the size of two-tenths of an acre? Would it not work to have the existing lot with the well, septic, and house as 4.8 acres, and create a 5-acre lot allowing for a well to be drilled? And if the Court allows this one-lot subdivision, there's an existing house with a well and septic and address that fronts on Highway 27. Do we need the signatures of Environmental Health and 911? COMMISSIONER BALDWIN: Let me ask you a question about your question. MR. ODOM: All right. COMMISSIONER BALDWIN: Where did you come up with a 20 acre? MR. ODOM: Well, 10 acres, so if you had a 10-acre tract, he could divide this into two 5-acre tracts; won't be a problem. COMMISSIONER BALDWIN: We have 9.80? MR. ODOM: You have 9.80. COMMISSIONER BALDWIN: He's going to keep 5 -- I assume he's going to keep 5, and then the 4.80 will go into some other -- something. MR. ODOM: Either we don't show it -- COMMISSIONER BALDWIN: Where did the .20 come from? 10-23-06 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: That's the variance for 10 acre. COMMISSIONER BALDWIN: Oh, I got it. Got it. COMMISSIONER NICHOLSON: Is Mr. Hall here? COMMISSIONER LETZ: Yes, he is. MR. ODOM: Yes. COMMISSIONER NICHOLSON: What -- Travis, what's your thinking about not going ahead and attaching this to the other property now? MR. HALL: I probably will, as soon as I can get my in-laws -- my in-laws own the property next to me. JUDGE TINLEY: That's 4.80? Or are you talking -- MR. HALL: 4.8, yes, sir. JUDGE TINLEY: Okay. Okay. COMMISSIONER WILLIAMS: Would it be a significant difference to you if -- if the tract upon which your home and well is situated became the 9.80, leaving 5 to be transferred? MR. ODOM: Or -- or if we did it like that, as I said in 3, can he not have this well that we've already got a situation that it's grandfathered? And then the 5 acres over there could be put a well on? COMMISSIONER LETZ: Not grandfathered, because he's doing it currently. You can't grandfather something that's -- MR. ODOM: Well, but the point is, you've already got a structure there. COMMISSIONER WILLIAMS: Well, what's grandfathered io-z3-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 L 23 24 25 47 is the well. MR. ODOM: That's right. COMMISSIONER WILLIAMS: And so if you reduced it from 5 to 4.80, the well's already in place. MR. ODOM: It's already in place. Septic, everything is in place. COMMISSIONER WILLIAMS: Right. JUDGE TINLEY: Let me ask Mr. Hall. You currently own outright the 5 acres, correct? (Mr. Hall nodded.) JUDGE TINLEY: The 4.8 is owned by your in-laws presently? MR. HALL: No. No, I own the 9.8. MR. ODOM: He owns the whole thing. MR. HALL: I own the whole thing. JUDGE TINLEY: Okay. Okay. MR. HALL: But I'm selling the 5 acres, is what I had made the deal with, was 5 acres. COMMISSIONER LETZ: You're selling -- MR. HALL: I did not make the deal with 4.8 acres. COMMISSIONER LETZ: Okay. You're selling the 5; that's why you're keeping the smaller tract? MR. HALL: Yes, sir. COMMISSIONER LETZ: But I think -- you know, I think the problem came in if it's less than -- the 9.8-acre tract 1n-23-06 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 isn't a problem with the County; it's a problem with Headwaters. COMMISSIONER BALDWIN: That's correct. COMMISSIONER LETZ: So, I mean, it's a -- and I think -- you know, I think he's probably in -- I don't know if it's better or worse, but I don't see any problem with leaving a -- a tract smaller than 5 acres outside of a subdivision. I mean, I don't -- I don't know that we can make somebody include it in a subdivision. But I think -- I mean, I think what you're doing right here is what I would think needs to be done. MR. ODOM: I don't have a problem. I just -- we wanted to present all the angles to you. I was hoping we could do the 4.8 and give a variance off -- I mean, it's already there. COMMISSIONER LETZ: Well, the problem -- COMMISSIONER NICHOLSON: You're changing -- we need to get Headwaters to sign off on it? COMMISSIONER LETZ: Well, Headwaters wouldn't sign off on this. I think Environmental Health does need to sign off on the existing, 'cause that's another state law. That's nothing to do with our Subdivision Rules. MR. ODOM: It's an existing septic system. COMMISSIONER LETZ: Doesn't make any difference. If it's a plan, it's got to be signed off on by -- 10-23 06 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: And 911. COMMISSIONER LETZ: I don't know about them. MR. ODOM: It's already got an address. COMMISSIONER LETZ: I mean, that can -- that issue. But, I mean, it's a different -- it's a whole -- it's T.C.E.Q. that says Environmental Health needs to sign off on septic. It's not a Kerr County rule. COMMISSIONER WILLIAMS: I thought we -- don't we eliminate a problem if the -- the piece that doesn't contain the home and the well, if that were to be made 5, you eliminate a problem for -- with Headwaters? COMMISSIONER LETZ: Correct. But if the person that Mr. Hall wants to sell the 5 acres to wants 5 acres, he doesn't have the luxury of giving -- COMMISSIONER WILLIAMS: Right. That, I don't know. JUDGE TINLEY: I don't know where he is in his -- in his sale procedure, but has the 4.8 -- if he retains only 4.8, he potentially has a problem if he subsequently wants to develop that or build a home place on it, or someone else does, of being able to drill a well there if he doesn't have arrangements made for water elsewhere. If, however, he can adjust his sale to move that line where the remaining portion is 5 acres or more instead of 4.8, and he sells off that part that's already got the well on it, the well is grandfathered, and he's in a position to -- to then be able to get himself a 10 '3 U6 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well under current Headwaters rules with the 5 acres or more. MR. ODOM: That's correct. JUDGE TINLEY: Okay. MR. ODOM: That's the way I see it. DODGE TINLEY: See where I'm coming from, Travis? COMMISSIONER LETZ: The only difference I would make on the -- not really difference; the thing would I add, if -- if at all possible, I thinks it's better from my standpoint to not grant a variance, because that's a -- so it would be better to sub -- if you can get that done, it would be better to make the subdivision the tract without the house, make that a 5-acre tract. That way that's a subdivision, and then the remaining 4.8 is not in a subdivision. Do the same thing you're doing, but kind of -- MR. ODOM: Reverse it. COMMISSIONER LETZ: -- reverse it. Because, otherwise, we have to give a variance, and that's something we've been very -- we haven't done, because it starts going down a path. And it doesn't -- I don't think it changes your deal at all. MR. HALL: Can I -- let me ask -- let me ask a question. If the well went out on that 4.8 acres, would the people be able to get another one put on there? COMMISSIONER LETZ: I would say -- I mean, I can't answer that, because that's a Headwaters question. But I 10-23 06 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think the -- I mean, if it's not in a subdivision, it's just a 4 point -- there's lots of tracts around the county that are smaller that are not in a subdivision that have wells, and I would think they'd have a difficult time keeping you from doing that, or that person from doing it. But that's something that -- you know, it's a Headwaters issue. JUDGE TINLEY: Probably be more of a deepening issue, would it not? Deepening the existing well? MR. HALL: It's 23 foot deep. JUDGE TINLEY: Oh. MR. HALL: A hand-dug well. COMMISSIONER LETZ: Deep enough out there, though. JUDGE TINLEY: Good old Johnson Creek. MR. HALL: Yes, sir. MR. ODOM: Mm-hmm. COMMISSIONER NICHOLSON: Travis, will this solution work for you? MR. HALL: Well, in other words, what you're saying is -- is for me to take the 4.8 and sell that, and make -- the 5, I keep. Is that what y'all are saying? JUDGE TINLEY: Yeah, and create a plat for the 5, as opposed to a plat for the 4.8. Which it's now the 5 with the improvements on it. COMMISSIONER LETZ: Okay. I mean, I think we're willing to do it either way. This is fine as well. If this 10 23 06 52 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I -- if this makes it easier from a selling standpoint, you can do this, and then you can try to get the .2 acres from your neighbor. That's fine, too. Or in the inverse, if you sell 4.8 acres and keep 5 in a subdivision, either way. Whatever works best for you. MR. HALL: Well, I'm set to close on the 1st of November with the 5 acres, and then I was going to deed the 4.8 to my in-laws that own 9.8 -- or whatever it is, 9.6. Because if they ever subdivide it, there's -- they couldn't do it either, so that's why I was wanting to put that with theirs. COMMISSIONER LETZ: That's fine. JUDGE TINLEY: They own the adjacent property? MR. HALL: Yes, sir. JUDGE TINLEY: Oh, okay. COMMISSIONER LETZ: Yeah. MR. HALL: That's what I'm saying, is my in-laws own the property right next to me. And theirs is not a 10-acre tract either. COMMISSIONER LETZ: Okay. JUDGE TINLEY: It's 9-something, isn't it? MR. HALL: Sir? JUDGE TINLEY: Isn't it 9-something? MR. HALL: Yes, sir, it's 9.69 or -- you know what it is, Lee? 10-23-06 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VOELKEL: 9.86. MR. HALL: 9.86. And, see, if they did the same thing as what I'm doing, they'd be in the same boat as what we're here for. COMMISSIONER LETZ: So, this is fine. JUDGE TINLEY: But they could do two tracts. That way they'd have 13, 14 acres, yeah. MR. HALL: Yes, sir. MR. ODOM: Then we can go just like we're going to ~ proceed. COMMISSIONER LETZ: I see no problem. MR. ODOM: Good enough. Thank y'all. COMMISSIONER NICHOLSON: Do we need to do a court order with contingencies? Or we need to look at it again? MR. ODOM: This is just a concept. COMMISSIONER LETZ: This is a concept plan. MR. ODOM: Trying to make sure we know which way to go. COMMISSIONER NICHOLSON: Okay. COMMISSIONER LETZ: I think with the time coming -- you know, yeah, I think I see no problem with this. This is exactly following our rules. I ~ COMMISSIONER NICHOLSON: Okay, good. JUDGE TINLEY: Okay. Let's move on to -- MR. HALL: Appreciate it. 10-^_3-05 54 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Ms. Uecker, on Item 8, that's going to be an executive session item, at least for opening purposes, will it not? (MS. Uecker nodded.) JUDGE TINLEY: We'll defer on that one and coma back when we take up our other executive session items. MS. UECKER: All right. JUDGE TINLEY: Sheriff, on your Item 9, you note executive session. Are there some parts in open? SHERIFF HIERHOLZER: Well, there are parts in there -- if the Court wants me to, I can give you a real basic quick deal of what I'm doing. JUDGE TINLEY: Okay, let me go ahead and call Item 9; consider, discuss, and take appropriate action regarding possible changes to position schedule. SHERIFF HIERHOLZER: All I'm doing is trying to restructure some things and get some workload off some people and spread it evenly throughout other people in the department. I've got, like, a certain lieutenant right now that's working at the house trying to review all offense reports, and it's an overload, and I've got a warrant officer that's overloaded with cars. I've got a training officer that's so overloaded with other duties, as far as patrol schedules and things like that, that he can't get some of his primary duties done, which are very important, because one of io-z3-oo 1 55 those is, he's my contact with Dailey Wells on all our radio 2 systems, 3 of it. 4 with Dai 5 been cut 6 So, they 7 savings. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And how important that is, he's got a relationship So, what I'm doing is, I'm eliminating one sergeant's position. I'm changing a -- what is a position Grade 27 for one of my lieutenants to a position Grade 26, which is a pay cut for one lieutenant, and he already knows and understands that. And I'm creating a patrol lieutenant to help review all the reports and take care of patrol cars and -- and scheduling, and then what was a position schedule 27 as a lieutenant is a position schedule 27 as -- I guess you have to technically say a captain over all of patrol and investigations. Bottom line, what it amounts to, okay, is at payroll salary line item, depending on where that person is in -- whoever takes that other position is in his longevity and educational. But it is not a budget increase, and won't be in the future, 'cause I've lowered -- I've lowered a lieutenant, okay, down a grade, and I've kept my kind of new position in the -- the captain-type at the same grade that a lieutenant io-z~-o6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 was, and then I brought one patrol sergeant up to a lieutenant and did away with the sergeant. That's what it amounts to. If you want to talk specifics, you have to kind of get into the personnel and why I'm doing it and what I'm doing. I had a lieutenant that was supervising four people, and it didn't make sense to me; didn't make sense to my goal of how we run the department, and I didn't want too many chiefs and not enough Indians, and we're just restructuring to make it work better. And we rewrote the -- the job descriptions and did all that to go along with it, which I got a copy if you want to -- COMMISSIONER LETZ: And all this -- you discussed it with our H.R. Department? SHERIFF HIERHOLZER: Not the specifics, but we have it all ready for her, because it's not changing things. COMMISSIONER LETZ: But -- SHERIFF HIERHOLZER: Her position schedule changes she's making in executive session, I don't have any -- I don't have any idea what those are. I haven't seen them, haven't asked her. COMMISSIONER WILLIAMS: But there need to be some record changes and so forth. SHERIFF HIERHOLZER: And I have that for her here, along with the -- the other -- we've redone a new position schedule where this would show for her a copy. She's aware io-zs-o6 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 this was going on, that it's not changing. But due to the actual position, I felt it needed the Court's approval. Not on my restructuring, but that I'm kind of creating a captain position, doing away with a sergeant position. I'm not adding personnel or anything; it's just how those positions are. I wasn't sure whether y'all wanted to -- COMMISSIONER WILLIAMS: Bottom line is, you're saving us payroll dollars; is that correct? SHERIFF HIERHOLZER: Yes, sir. COMMISSIONER WILLIAMS: You're not increasing payroll dollars. SHERIFF HIERHOLZER: Not increasing payroll dollars. COMMISSIONER WILLIAMS: Then I don't even need to know the specifics. COMMISSIONER BALDWIN: Correct. JUDGE TINLEY: Actually, your -- your, quote, promotion, unquote, is not any increase in step or grade? SHERIFF HIERHOLZER: That's right. That's exactly the same. JUDGE TINLEY: The other -- the other personnel schedule actions that you're taking are reducing what were Grade 27; you're lowering those to 26? SHERIFF HIERHOLZER: The promotion to the -- kind of considered chief investigator or captain, whatever you want, is a -- is no change at all in position, in grade. The -- the 10-23-Oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 promotion from one sergeant to a lieutenant, which normally, under the way it's structured now, would have been a two-step -- you know, two-position grade increase, is now a one. And the current lieutenant is -- one of the current lieutenants is going down one, so it's one up, one down, and the captain stays the same. I had to get even all the people involved. It's an internal structure deal where we just had i too many duties on some people that couldn't get them done. JUDGE TINLEY: Do you feel it's imperative that you have the Court's approval of this internal reorganization in your department? COMMISSIONER LETZ: Our H.R. Department says yes. COMMISSIONER BALDWIN: What was the question? COMMISSIONER LETZ: Do we need to act on this or need to do this? Can he do this without -- SHERIFF HIERHOLZER: Because it is a position change, so I can give her a position that she can go back and see court orders, yes, I would like a court order that shows these position changes. COMMISSIONER BALDWIN: I think it's wise for us to adopt an official -- whether we have the authority or not, just something that's in concrete in the record, et cetera. But what -- especially, what about the job descriptions? Job descriptions. Is that something that we need to officially adopt? 10-23-U6 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: I would like for you to. COMMISSIONER BALDWIN: I think we should. SHERIFF HIERHOLZER: Because what I have here, if you see -- and we took these straight off our old ones. This is a copy of what my proposed new ones are. The last line at the very top heading, and even the way our old ones were, had an "Approved by" and an approval date from Commissioners Court on those type job descriptions. That's the way they've been all along since I took office. The other benefit to -- to a Commissioners Court approval is -- is to make it easier on any predecessors I have, such as when I took office, there had been a change where a jailer's position had been cut and the salary split between the two nurses, and there was never any court action on that, and it made it a nightmare for me to try and figure out why I didn't have as many jailers as I had been approved to have. So, there are some things like that to where I think it's very advantageous to be -- those are all different. That's one package. JUDGE TINLEY: Oh, okay. SHERIFF HIERHOLZER: It's not one copy for each. change the duties around. COMMISSIONER NICHOLSON: If I knew how to word it, 10-23-OF 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Is my -- my question -- well, I would agree with what you said, but the other part of it is, Sheriff has requested, get them in a new position schedule that we're going to readopt next week anyway. JUDGE TINLEY: I'm -- I'm tending to agree with Commissioner Letz here. I think the -- our H.R. Director needs to look at these job descriptions, and to the extent there are any position schedule changes, plug those changes into the overall position schedule along with several others that she's going to do, and bring it to us, I think, next week. SHERIFF HIERHOLZER: That's exactly why I'm doing this now, so I know, for those -- you know, the 27's, 26's dropped down, so I can get approval for that, so she knows that that can be adopted in hers. Otherwise, I don't -- I can't tell her on hers -- COMMISSIONER LETZ: Okay. SHERIFF HIERHOLZER: -- that, you know, "You need to do it this way," but it hasn't been Court-approved yet. Or, "No, you need to do it this way," but where -- you know, I'm trying to clarify things so it makes it easier. 10-23 Ob 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I make a motion to authorize the Sheriff to make the changes he has requested in his department, and to get with the H.R. Department so they can incorporate these changes into our step and grade and payroll schedule and bring them back to the Court at a future date. COMMISSIONER NICHOLSON: Second. That's what I was going to say. (Laughter.) I~ JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion on the motion? COMMISSIONER BALDWIN: One comment. I think that the Sheriff needs to -- not necessarily us, but provide the other office this plan in writing. Put together where you're moving captains and sergeants and that kind of thing. SHERIFF HIERHOLZER: What she will see has already I been -- COMMISSIONER BALDWIN: Are you refusing to do that? SHERIFF HIERHOLZER: No, but what I'm showing you -- and that is -- this is and will be the -- the total new position schedule, including all those changes for the entire Sheriff's Department, okay? And that's where she has to plug in the position. COMMISSIONER LETZ: I can't wait for the Sheriff's schedule to disagree with the H.R. Department's schedule. COMMISSIONER BALDWIN: I know it. I know it. We're going to have a ball. 111-23-06 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: Believe it or not, I think the H.R. Department -- and I may say this a little bit out of turn. We've had several conversations, and since my department's the largest in the county, I think we have really agreed a whole lot on how some things work, and I don't see us having those problems. COMMISSIONER WILLIAMS: That's a good thing, I Sheriff. COMMISSIONER BALDWIN: So far. SHERIFF HIERHOLZER: If we do, you will hear about I it. But -- COMMISSIONER BALDWIN: I'm sure. SHERIFF HIERHOLZER: -- I think were also both hard-headed enough that we -- if we don't agree, we're not going to. COMMISSIONER BALDWIN: We're fixing to vote on something here, and I want to make sure that it's going to be clear somewhere of what we're voting for. That document that you just waved in front of us, does that explain what we're doing? SHERIFF HIERHOLZER: The documents you have, the individual job descriptions, explain what I'm doing. And the overall final outcome of those -- and you would have to adopt this if you're going to look at the actual document for this budget year, because this doesn't just have the position; it 10-23-06 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has who's in it and what the salary is. COMMISSIONER LETZ: I don't see us making a change right now. I think all we're doing is authorizing the Sheriff to get with H.R., and the change will -- the actual documentation will be at a future court date. COMMISSIONER WILLIAMS: That's what I wanted to get I clarified. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: This is just a concept. COMMISSIONER BALDWIN: All right. SHERIFF HIERHOLZER: Okay. When is that court date going to be? JUDGE TINLEY: A week from today. COMMISSIONER LETZ: It's up to the H.R. Department. JUDGE TINLEY: Hopefully a week from today. SHERIFF HIERHOLZER: 'Cause I had these changes set hopefully to take effect November 1st, at an even time for the payroll stuff to work out. COMMISSIONER BALDWIN: So -- so, we really didn't have to give approval on anything. You know, we're giving approval to him to go cut the deal. SHERIFF HIERHOLZER: Talk to H.R. COMMISSIONER BALDWIN: Yeah. COMMISSIONER NICHOLSON: I think somebody said concept. We're saying -- 10-^3-Oe 64 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Yeah. COMMISSIONER NICHOLSON: -- we'll approve that if you get the documentation done. COMMISSIONER BALDWIN: Bless thee. COMMISSIONER WILLIAMS: Get everybody signed off on I it. SHERIFF HIERHOLZER: I have no problem with that. It makes it work better where everything's above board. JUDGE TINLEY: Any other questions or comments on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 10; consider, discuss, and take appropriate action to authorize Kerr County to submit bids to perform certain airport services. Which one of you gentlemen wants to run with this? COMMISSIONER WILLIAMS: Very simply, the bid package has been ready by the Airport Board, approved by the Airport Board. I think it was advertised this weekend for the first time. And Commissioner Letz and I have been talking for a long time and working toward the goal of Kerr County bidding on some of these services, so all this asks us is for is 10-23-06 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 authority to proceed with the bid. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: Question. I remember mowing. COMMISSIONER WILLIAMS: It's lights, by the way -- most of the outside services, actually. COMMISSIONER NICHOLSON: It's in the weekend newspaper, Request for Bids, a whole -- what, 15, 18, 20 items? COMMISSIONER WILLIAMS: I think it's 15 items. COMMISSIONER LETZ: Fifteen items. Everything from a little bit of maintenance of lighting and things out on the runways, repair of runways, mowing -- some mowing. This is not the big mowing contract; this is just some ancillary mowing. Herbicide, cleaning brush. It's a lot -- most of it is -- are things that are done by Road and Bridge Department. Some are not things that they traditionally do, and this is really just to -- I think this is not -- we will be meeting again before the bids are turned in, correct? Or not? COMMISSIONER WILLIAMS: What was the date, Leonard, I gave you on that? MR. ODOM: The pre-bid? 10-23-Ob 66 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: The time sheet. MR. ODOM: I don't have it on me. Pre-bid was the end of this month, and I think around the lst of November, something like that. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: We could put it on next Monday if we need to. COMMISSIONER LETZ: It's really -- I think my sense of this motion is to tell Leonard to propose the bid. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: And that they can -- I think he probably ought to bring it back. I think the Court probably needs to -- COMMISSIONER WILLIAMS: Authorize the actual submission. COMMISSIONER LETZ: Yeah, of the -- of the bid document which we get. But this is a direction to you to do it, and you may need to work with Maintenance for some of that work a little bit. MR. ODOM: Well, I understand. But do understand that some of this is a daily thing. COMMISSIONER WILLIAMS: Sure. MR. ODOM: This is daily and weekly. And some of this, yes, you're right, but there's a little bit more involved. 10-23-OF 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Right. Well, there's a person in your budget if we win. MR. ODOM: We're talking about somebody -- I don't know this individual, but we're talking about somebody that, for tort liabilities, I've got to have somebody that can read and write and make decisions -- COMMISSIONER LETZ: Well, we hope so. MR. ODOM: I hope so, too. COMMISSIONER WILLIAMS: I hope most of your people can do that. MR. ODOM: Well, I don't know. They say I don't sometimes, so I don't know. They're more intelligent than I am. But it is a little bit more involved. Meeting this bid, and it's a weekly mowing, it doesn't mean that I'm going to do that weekly, but we're talking about weekly mowing, to bid. it that way. So, there's a -- COMMISSIONER WILLIAMS: Right, we understand. MR. ODOM: Okay. COMMISSIONER NICHOLSON: Mr. Odom? What's the mileage on your county vehicle? MR. ODOM: 225,000 miles. COMMISSIONER NICHOLSON: Just got it broke in. MR. ODOM: I just -- well, that's about time for Ford to find out if they produced a good vehicle, I guess. COMMISSIONER WILLIAMS: Their commercial said 10-^3-05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 250,000. JUDGE TINLEY: Okay. So, we're looking to bring that one back, too. COMMISSIONER LETZ: Well, it's authorize -- I think i we -- the motion is to authorize him to prepare the bid, which i T think we -- that stands. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: That's the way I understood it. MS. THOMPSON: We had a motion and second. Is this changing the motion? JUDGE TINLEY: Okay. It's to authorize Road and Bridge to prepare the bids for those services as currently being requested by the Airport Board. MS. THOMPSON: Yes, sir. JUDGE TINLEY: Okay. Any further question or discussion on the motion? COMMISSIONER NICHOLSON: Just one other thing. You two on the board, L saw two requests for bids. One was from the Airport Soard, the other from the City for airport services. COMMISSIONER LETZ: This -- I haven't read the article, but, I mean, the -- COMMISSIONER WILLIAMS: That could have been an error. That could have been an oversight. We asked them to 10-23 06 69 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 correct all of that. It's really the Airport Board that's soliciting the bid. COMMISSIONER NICHOLSON: It seems like they were for separate things. COMMISSIONER LETZ: The City is currently doing the work, and the City staff has told the Airport Board that the City plans to bid on this work as well. COMMISSIONER BALDWIN: The City is here, if you can get a -- get an answer. COMMISSIONER LETZ: It's not the whole City, just a piece of the City's here. COMMISSIONER BALDWIN: Okay. COMMISSIONER NICHOLSON: You've heard me say it before, and I will again. I really like the direction that the Airport Board has been going the last year or two. I think that it's a step-rate improvement in the management. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 11; consider, discuss, and approve Animal Control contract with the City of Kerrville. We finally got the contract. The County Attorney has reviewed it, and I assume io-^~-oF 70 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything is A-OK? MR. EMERSON: Yes, sir. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Second. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or discussion? I would note that the payments under that contract from the City to the County specifically provide that they're to be made in equal 1/12 monthly payments. COMMISSIONER WILLIAMS: Mm-hmm, I was looking at that. JUDGE TINLEY: I did note that. Any other question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Item 12; consider, discuss, and take appropriate action steps to post and/or advertise for Administrative Assistant-slash-Court Coordinator for the Kerr County Commissioners Court. As all of you know, our Court Coordinator/Administrative Assistant will be taking office as J.P. 3 come January 1, and I think 10-^3-Oo ~1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she's going to be taking some vacation time that she has accrued towards the end of December. And we probably need to get high and behind posting that so that we can get that -- get responses to that request and get the selection process underway, and hopefully get a little -- some amount of training done before our Administrative Assistant/Court Coordinator -- we're probably going to have to bring this new one on board before January 1, based upon the timetable that I've generally been given. COMMISSIONER LETZ: I think I would like to note that due to the superb job Commissioner Williams and Nicholson have done here on, you know, posting and interviewing candidates and bringing them to the Court, I would make a motion that we authorize those two to continue that good effort, and to -- COMMISSIONER BALDWIN: What a great mind. JUDGE TINLEY: In conjunction with our H.R. Director? COMMISSIONER LETZ: Correct. COMMISSIONER BALDWIN: Mr. Letz, you are a wise man. JUDGE TINLEY: And that was a second? COMMISSIONER BALDWIN: That was a second. JUDGE TINLEY: I thought so. COMMISSIONER WILLIAMS: I have a question. That does include advertising as well as posting? 10-23-06 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Correct. Correct. COMMISSIONER BALDWIN: No questions, I'm sorry. COMMISSIONER WILLIAMS: No questions? COMMISSIONER BALDWIN: The -- you need to do your little thing? Or -- I'm a little concerned about this time frame thing. Now, is she taking off, like, two weeks at the end? And how could we get a person in here to get training when she's not here? 'Cause she doesn't -- a new -- a new person, whether male or female, doesn't want us training them. COMMISSIONER WILLIAMS: We don't want that either. COMMISSIONER BALDWIN: We do not want to do that I either. JUDGE TINLEY: I understand, Commissioner, that her present intentions are to -- she's got, I know, one one-week training session that she's committed to attend for her J.P. qualification. That is in December, and I think there are two additional weeks that she plans on being away, so we're looking at essentially three weeks in December. COMMISSIONER BALDWIN: So, we need to bring -- COMMISSIONER WILLIAMS: Do you know when that training is? JUDGE TINLEY: I think we're going to be able to find out here pretty quick. Were we able to find Ms. Mitchell? COMMISSIONER BALDWIN: So, we -- if we want to have 10 23-06 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this person to have training under Ms. Mitchell for at least a week, we need to bring them in December 1. JUDGE TINLEY: That's probably about right. Not later than December 1, I would think. COMMISSIONER BALDWIN: Okay. I just want to make that clear before we -- JUDGE TINLEY: Yeah, good point. COMMISSIONER WILLIAMS: I think we can -- I think we can still have enough time to get the process moving and make that selection. JUDGE TINLEY: I would note that there have been some -- some resumes already been submitted. COMMISSIONER BALDWIN: Correct. JUDGE TINLEY: From folks that know that Ms. Mitchell will be taking office, and we've already received several resumes. I don't know exactly how many, but I know we received several. COMMISSIONER WILLIAMS: I do have one question. Ms. Hyde, I know we -- we gave you a copy of what we believe to be the existing job description. Have you had an opportunity to get with Ms. Mitchell and make certain that's correct? MS. HYDE: Yes. I also got one from Kathy herself -- from Ms. Mitchell herself, so we've consolidated and put it all into one. 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 COMMISSIONER WILLIAMS: Thank you. COMMISSIONER NICHOLSON: Do I understand that an employee who is elected, becomes a -- transferred to/becomes an elected official, has the option of taking their earned vacation or being paid for it? Didn't we deal with that issue here? JUDGE TINLEY: Yes, we did. In the tax office. We sure did. And sick time, of course, is not compensable. Any -- any comp time that that employee has coming, any vacation time that that employee has coming that is not taken, I think we're obliged to pay for. COMMISSIONER NICHOLSON: Probably Ms. Mitchell's aware of those options, but -- COMMISSIONER WILLIAMS: We could certainly tell her. COMMISSIONER NICHOLSON: If she"s not. it might change things. JUDGE TINLEY: I think what she's planning on doing is -- is using the other time, not including her -- her school time, is to use vacation time. I think that's generally her intent. COMMISSIONER LETZ: But she's got -- she will be using vacation time to attend school, correct? JUDGE TINLEY: No, sir, I don't think so. MS. HYDE; I don't think so. JUDGE TINLEY: That's -- that's going to be on our 10-23-05 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 nickel. She's obliged to do that, whether she does it now or later, and she needs training. COMMISSIONER LETZ: We're obliged -- well, I guess we pay for it either way. We pay the salary as well, 'cause you're not here. Except that in that position, that spot would go unfilled. I mean, we would not bring in -- or she would not bring in a person; she'd make arrangements with the other J.P.'s to handle her duties for that week. So, in a sense, we are paying a week's salary that we normally wouldn't pay, COMMISSIONER BALDWIN: My lord. COMMISSIONER WILLIAMS: Charge it to the J.P. 3 ~ budget. JUDGE TINLEY: Okay. We have a motion pending? COMMISSIONER WILLIAMS: Yes, we do. JUDGE TINLEY: Any further question or comment on the motion? A11 in favor of the motion, signify by raising your right hand. I (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's quickly do Item 13, if we might. Receive and take appropriate action on bids or proposals received for 2007 Employee Health Benefits Program. 10-23-OF 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~6 COMMISSIONER LETZ: Do we need to open these, or just need to read for the record who they're from, and then we can refer them to somebody? JUDGE TINLEY: I don't know that we need to open them if we can identify who we got them from. These bids were required to be submitted by 11 a.m. last Friday, the 20th. We got a total of -- looks like four different boxes. Which -- COMMISSIONER LETZ: Can't read the writing. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Now, last year, did we do this, or did Mr. Looney do this? JUDGE TINLEY: The actual review and -- COMMISSIONER BALDWIN: This part right here. JUDGE TINLEY: No, we -- we received the bids and then referred them to him. COMMISSIONER BALDWIN: So, we received one bid last year and sent it to him? JUDGE TINLEY: I think it was more than one last year. I'm not sure what we got. Then, after the review and we make a determination of what -- what of these proposals, one or more of them, that we might -- that we might be susceptible of accepting, he then engages in direct negotiation with them for the lowest and best offer, is ~ generally how the process works. COMMISSIONER WILLIAMS: However, this year, as 10-23 Ob 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~~ opposed to last year, we'll engage our H.R. Department as part of this process as well as Mr. Looney, correct? JUDGE TINLEY: Well, I think -- definitely think she should be involved in it, but the consultant is normally -- the insurance consultant normally does review and evaluation. Now, what degree of -- of interaction there is, why, certainly, is -- have you had any discussions with Mr. Looney? MS. HYDE: No, he's not returned my calls at this time. JUDGE TINLEY: Okay. MS. HYDE: He's been on other processes. I would appreciate it if -- if afforded the opportunity to review with Mr. Looney some questions that I have regarding our health insurance, JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: I'd like that. COMMISSIONER LETZ: I think we're probably -- my recommendation is we turn these all over to you. COMMISSIONER WILLIAMS: And she give them to Mr. Looney? COMMISSIONER LETZ: And you get with Mr. Looney. COMMISSIONER NICHOLSON: There's been a disconnect in the past -- COMMISSIONER WILLIAMS: I agree. COMMISSIONER NICHOLSON: -- between those two 10-23-06 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 functions, so I'd like to cure that disconnect. COMMISSIONER WILLIAMS: I agree with you. JUDGE TINLEY: Okay. The first one we have is from i Group and Pension Administrators, which includes T.P.A. administration and stop loss proposals. That consists of a i total of three binders. The next one that we have is a bcx from Wallace and Associates, and this particular box indicates that it's primarily decline letters, where Wallace submitted to third parties and they declined. The next one we have is a i proposal submitted by United Health Care. Looks like there I are several binders in the box, probably three of them, as best I can tell. The -- COMMISSIONER LETZ: Three binders. JUDGE TINLEY: The last one is from Fiserv -- that's F-i-s-e-r-v -- Health, and I believe submitted through Wallace and Associates. And there are three binders in that box. COMMISSIONER LETZ: We also have -- we have a -- this was on top of it somewhere, on top of all of them. I'm not -- I think it's a record of -- JUDGE TINLEY: The other -- the other documentation that we have is a copy of the Request for Proposals that was advertised, and some notes made by Mr. Wallace indicating submissions, and in the margin there's references to "TD" for turn down, and indications of things that might be received, or no -- no communication received. A copy of this -- of 10-23-U6 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 course, Ms. Hyde did receive a copy of that, so she's up to speed on that. COMMISSIONER WILLIAMS: Judge? The current provider did not bid? JUDGE TINLEY: Pardon? COMMISSIONER WILLIAMS: The current provider did not I bid? JUDGE TINLEY: Surely there's one in there. COMMISSIONER LETZ: They might have bid through Don Wallace. COMMISSIONER WILLIAMS: Oh. JUDGE TINLEY: I think it's -- COMMISSIONER LETZ: I don't know that. COMMISSIONER WILLIAMS: Maybe it came through him. JUDGE TINLEY: Yeah. COMMISSIONER WILLIAMS: Okay. All right. COMMISSIONER LETZ: They may have done that. COMMISSIONER WILLIAMS: It is what it is. JUDGE TINLEY: It is what it is. COMMISSIONER LETZ: Move we accept all bids and turn them over to the H.R. Department for review and coordination with our consultant, Mr. Looney. COMMISSIONER WILLIAMS: Second. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded as 10-^_3-06 80 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indicated. 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. Why don't we take about a 15-minute recess? (Recess taken from 10:34 a.m. to 10:50 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might. We were in recess for a few minutes. Let's go to Item 14, if we might. Consider, discuss, and take appropriate action in reference to a report on Flat Rock Dam leakage. COMMISSIONER WILLIAMS: Thank you, Judge. Last week I got a -- I got an e-mail from Ray Buck at U.G.R.A., which he sent word over that somebody from probably Guadalupe Heights area had spotted a leak in Flat Rock Lake Dam. And Ray quickly determined that that dam didn't belong to them, so he busted it over here to Commissioners Court here. He sent some pictures, which you all saw, and there appears to be some leakage. I don't know how serious that all is. I was in communication with T.C.E.Q., their Dam Safety Division. I talked to Mr. Samuelson -- Warren Samuelson, and we talked about -- and I sent him the same pictures so he could take a look at it and so forth, and he responded by e-mail late last 10-23-OE 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 week, "Here are my thoughts." And in the first photo, it appears that you have soil coming through the dam in the water. There's also a moderate amount of water. It appears that there has been vegetation in the joint in the past. What we need is, can someone go out and determine if there is visual evidence of soil, either in the flow on the concrete, or at the water line below? If there is soil, it could indicate a problem. Also, if the person going out could tap on the concrete with a metal bar or hammer to see if there's a hollow sound around that particular area of the leak. And one of my staff, he says, will be available to come out if necessary. However, we need to determine if this is serious, and the key to finding out whether or not it is, is if there is soil coming with the water. So, I was wondering if -- perhaps if maybe Mr. Odom could accompany me, and we'll go down there and we'll take a look a little closer and determine if there's any soil coming out, and I'll be in touch with T.C.E.Q, to find out what the next step is going to be. We don't have an engineer, and so it might -- you know, if it's serious, I guess it will -- we probably have to think about that. But let me find out more and report back to them and get their report back. Just wanted you to know. COMMISSIONER LETZ: That dam sure causes trouble. People shoot fireworks out there, leaks, -- io-z3-oc 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 82 COMMISSIONER BALDWIN: Walking, jumping, hopping. COMMISSIONER LETZ: -- walk, jump, and hop on them, and we can't open the plug. COMMISSIONER BALDWIN: We can't open the plug. COMMISSIONER WILLIAMS: So, what's the answer? Blow it up? COMMISSIONER LETZ: The people in Center Point could probably help. COMMISSIONER BALDWIN: I remember years ago having this same problem there and Ingram Dam, and the County hired, I think, someone to come out and X-ray the dams, and found cavities in the dams. And at that point, we filled them up with concrete. COMMISSIONER WILLIAMS: How long ago was that? COMMISSIONER BALDWIN: A long time ago. COMMISSIONER WILLIAMS: Long time ago, okay. MR. ODOM: Jerry Menafee. COMMISSIONER BALDWIN: Was it Menafee? MR. ODOM: It was Menafee. COMMISSIONER BALDWIN: Well, it wasn't that long ago, then. Ten or 12 years ago or something like that. COMMISSIONER WILLIAMS: What Commissioner Baldwin has said, he's not the 250-pound guy with the thumb that wants to stick his finger in the -- COMMISSIONER BALDWIN: Too busy. I'm too busy to 10-'3-OE 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hang around out there and do that. COMMISSIONER LETZ: I think your approach is good, and see where it goes and monitor it. COMMISSIONER WILLIAMS: We'll see what the recommendations are and go from there. JUDGE TINLEY: Okay. Any further action needed on that item? COMMISSIONER WILLIAMS: I just wanted the Court to know about it. JUDGE TINLEY: I was looking for the Auditor so that we can take the appropriate action under Section 4 of the agenda, but we don't have an appearance here yet. The alternative would be to go into executive or closed session, but I think the thought is we'll do that last. I've not seen a tabulation of bills yet. Maybe we don't have any. COMMISSIONER WILLIAMS: We're not going to pay them till next week. COMMISSIONER BALDWIN: We're going to do them next week at the end of the month. DODGE TINLEY: Okay. All we've got, then, is budget amendments that we need to -- COMMISSIONER BALDWIN: Let's get the Auditor in here and do that. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Bring him in at gunpoint, 10 23 06 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sheriff. SHERIFF HIERHOLZER: Okay. (Discussion off the record.) SHERIFF HIERHOLZER: He didn't -- said he didn't have any, sir. COMMISSIONER LETZ: No budget amendments? SHERIFF HIERHOLZER: He said he didn't have any. COMMISSIONER LETZ: We got two. (Discussion off the record.) SHERIFF HIERHOLZER: He's going to get his book, but he still doesn't think he has any. JUDGE TINLEY: He ca n borrow mine. COMMISSIONER LETZ: They're pretty -- COMMISSIONER BALDWIN : This -- the first one, though, I think we need to get clear, because I heard some rumors la st week, and I want t o know if they're tied to this or not. JUDGE TINLEY: Been monitoring the rumor mill, huh? COMMISSIONER BALDWIN: I'm the rumor mill monitor. JUDGE TINLEY: I see. Hall monitor, rumor mill I monitor. COMMISSIONER LETZ: You've taken over the hallway, so I'm the rumor mill monitor now. COMMISSIONER WILLIAMS: He be the monitor. JUDGE TINLEY: I didn't mean to assume your hall 10-^_3 Oh 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 monitor chores. COMMISSIONER BALDWIN: I'm kind of hurt about it, too. So, when he walks in the door, I'm going to hit him with it. (Mr. Tomlinson entered the courtroom.) COMMISSIONER BALDWIN: I got a call last week, Tommy, from a service provider in the county that had hauled a confiscated vehicle in a drug bust or something, and the -- and they had not been paid. The wrecker service had not been paid, and it was, like, six or eight months old. So, I go to the Auditor's office, and they said, well, that's up -- that's up to the constables, because the car had been awarded to two constables, and it was up to the constables to pay that bill. And I'm wondering, is that what this is? MR. TOMLINSON: I don't think so. COMMISSIONER BALDWIN: I don't either. MR. TOMLINSON: No. COMMISSIONER BALDWIN: 'cause it's not near enough. MR. TOMLINSON: That's Chapter 59 money; that's seizure money. And any expenditures related to that seizure have to be paid from that -- from that money. COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: Just like from the -- like, if -- if there's court costs involved, if there's -- if there are funds from seizure, they have to pay the court costs. The -- the 10-23-06 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seized money has to follow the court case. COMMISSIONER BALDWIN: That's a good thing. COMMISSIONER LETZ: Who -- which constables got the money? COMMISSIONER BALDWIN: 1 and 2, I think. COMMISSIONER WILLIAMS: Well, that's good. COMMISSIONER BALDWIN: 1 for sure. COMMISSIONER WILLIAMS: How much? COMMISSIONER BALDWIN: It was a vehicle. SHERIFF HIERHOLZER: T wo. JUDGE TINLEY: Okay. So, we got bills that we're going to take up next Monday? MR. TOMLINSON: Yes. But I do -- JUDGE TINLEY: We got two budget amendments. MR. TOMLINSON: Yeah, I do. They were attached together; I didn't see them. COMMISSIONER BALDWIN: Has he been out there with Kinky? I s that -- SHERIFF HIERHOLZER: Y eah. COMMISSIONER BALDWIN: I see. COMMISSIONER WILLIAMS: Kinky blinded you. COMMISSIONER BALDWIN: I see why you're a little confused now. Okay. MR. TOMLINSON: No, I did not do that. I want tc make that perfectly clear. 10 ~3 Oti 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I know what you mean. MR. TOMLINSON: Okay. JUDGE TINLEY: Budget Amendment Request Number 1. MR. TOMLINSON: This is an amendment to recognize a donation to Constable, Precinct 1, and we're increasing his budget by $100, by the amount of the donation. COMMISSIONER BALDWIN: Was that a cash donation? Do you know? MR. TOMLINSON: Mm-hmm. COMMISSIONER BALDWIN: Hmm? i MR. TOMLINSON: Yeah. COMMISSIONER BALDWIN: Well, I move to -- if somebody is giving him money, I move to accept it, or approve this or whatever we do. COMMISSIONER LETZ: 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. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Budget Amendment ~ Request 2. MR. TOMLINSON: Two is from the County Clerk, to 10-23-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 move $107.41 from Signs to Election Supplies. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Both of them -- these guys. JUDGE TINLEY: You figure it out. We have a motion for approval of Budget Amendment Request 2. Any question or discussion? COMMISSIONER BALDWIN: Tommy, what -- let's see. Which one is County Clerk and which one's Elections? Election Supplies is Elections? And why does the Clerk have signs? I don't remember that. MR. TOMLINSON: They have signs for their voting. COMMISSIONER BALDWIN: That's not part of Election Supplies? MR. TOMLINSON: Well, the signs -- that is it, yeah. That's Elections. 402 department is Elections. COMMISSIONER BALDWIN: Oh, I see. It's moving from one line to the other. Third. JUDGE TINLEY: Any other question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Do we have any late bills? 10-23-06 89 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: No. JUDGE TINLEY: No late bills? MR. TOMLINSON: No. JUDGE TINLEY: I've been presented with monthly reports for Justice of the Peace, Precinct 1, for September '06, as amended -- report, September '06. And Justice of the Peace, Precinct 4, and Justice of the Peace, Precinct 2. Do I hear a motion that these reports be approved as submitted? COMMISSIONER BALDWIN: So moved. COMMISSIONER NICHOLSON: Second. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the reports as 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: Motion does carry. Do we have any reports by any member of the Court that they wish to render at this time considering their committee or liaison assignments? COMMISSIONER BALDWIN: Want to talk about the ETJ subdivision thing? COMMISSIONER LETZ: Yeah, go ahead. COMMISSIONER BALDWIN: No, you go ahead. io ,3-06 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Commissioner Baldwin and myself COMMISSIONER BALDWIN: And Leonard. COMMISSIONER LETZ actually 10 months of working on this project, we haven't progressed at all, and -- and largely due to City processes. And Mr. Hofmann, I think, would agree with everything I'm saying, and I think would take, I think, responsibility for letting it get out of hand. It got into Planning and Zoning, and Planning and Zoning started making a bunch of -- changing different things; it started growing and growing and growing. And it was recently, when Mr. Hofmann and I had another conversation, he kind of looked -- got more involved with it and said, "Hey, we need to get back to what we originally started doing," which was just getting the -- the County and the City in line in the ETJ. And there may be a -- and probably is a major rewrite of city subdivision rules sometime in the future, but this is not the time or the place for that. So, it's back -- that's kind of where it is right now. I think it will be coming back for Commissioner Baldwin and I to look at those, along with Mr. Odom, in the next -- I know I told the City, in my mind -- they were very concerned about the September 30th deadline. I said that deadline is real for 10-23-06 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whatever date they thought it would take to get this resolved. COMMISSIONER WILLIAMS: What happens if a subdivision plat comes up for review in the ETJ now? COMMISSIONER LETZ: The City's using their rules, their current rules. And the differences are not that great. I standards are actually stricter than the City's, so the roads, which is our biggest concern -- I mean, you know, the roads are not quite to our standard, but, I mean, from a development community, they're getting a little bit of a deal. And we're talking very minor changes; talking about right-of-way width and depth of base. They require 6 inches; we require 8. We require a little bit more right-of-way, and that makes sense, because our roads have higher speeds, generally, and are more, you know, rugged terrain, things of that nature, where you need more bar ditch width. But they have no problem with going with County's. And the other thing we're looking at is, they have -- I'd say the most onerous thing they have is, they still have a street light provision in the ETJ, which they can waive and will waive. And we said we really don't even want 10-~3-Ot 92 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 that in there. We don't want street lights in the ET J. COMMISSIONER BALDWIN: They're taking sidewalks out for sure. COMMISSIONER LETZ: Sidewalks are out. COMMISSIONER BALDWIN: And probably street lights. COMMISSIONER LETZ: Yeah. But, anyway, they -- they're doing a little bit more work on it, and we'll be bringing that back shortly. That's where that is. JUDGE TINLEY: Any other reports? COMMISSIONER WILLIAMS: I've just got a question, Judge. Has the issue been resolved with respect to our obligation for certain contractual obligations, payment on the 1/12th basis? JUDGE TINLEY: That one issue with regard to the EMS contract is currently in the County Attorney's office. I understand there are a number of items ahead of it, so we hopefully, in due course, will get a response to that on review of that. That's my understanding from talking to the Auditor, where it was going. COMMISSIONER LETZ: You mentioned EMS. There is one other update I have. In the two subdivisions north of Comfort off of Hiqhway 87 that have been an issue of trying to get Kendall County to pick up as primary server of these areas at the request of those subdivisions, being Falling Waters and The Reserve, Chief Holloway, Mark Beavers, and Eric Maloney, 10-23-06 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we all met with the EMS Coordinator from Kendall County in Comfort last week, and have moved a little bit on that, finally, after a long, long period of time. And I've recently sent an e-mail to both the County Attorney, the Fire Chief, and the head of the main homeowners' association pushing this, where the 911 call goes first. Because any way you do it, we're introducing a lot of human handling of these calls, as opposed to being -- which I think is bad. And I think, by the tone of my e-mail, which Mr. Emerson got a copy of, I'm not particularly in favor of doing this. I think it's a -- I think it's just opening up problems for those residents, about as much as I thought it was opening up problems out in west Kerr County when they -- when the folks out in the far west wanted to go to Junction. Needless to say, if they want -- and I did tell them association, and it's going to have to have a vote of the property owners before I'll bring it to the Court. And I'll visit with Rex a little bit about anything else we may need to protect our liability, because I have some real concerns about this. Because, in reality, the way it will work is that Comfort will be the primary server if the Comfort ambulance is in, which will mean Kendall County will serve if their 10-23-Oh 94 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: What 911 office does the call COMMISSIONER LETZ: Right now, it's coming to rrville. The issue comes if it comes to the K.P.D., then those folks have to manually switch it to Kendall County, which Chief Holloway doesn't really like; he'd rather have the call go straight to Kendall County. But if it goes straight to Kendall County and it's a law enforcement, then it's got to be transferred back, or if the Comfort ambulance is out, then it's got to get transferred back. So, either way, there's a likelihood of, for 70 households, the dispatchers, one being the city of Kerrville, one being the city of Boerne, having to make a manual determination as to what happens. And I think that it's just going to be an issue of delaying time. There is also a cost that Kendall County's going to want to do this. The number they threw out right away is $20 to $25 per household that we're adding to their service area, which equates somewhere -- probably $2,000 to $5,000, somewhere in there. I'm not sure how many homes are actually in that area. And, you know, that's -- but there is some cost to Kerr County to do that. And I -- and I don't have a problem with that 10-23-u6 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 part of that, but I think we ought to get a little bit of reduction off the EMS contract, because the people that are benefiting from this is the Kerrville EMS. So -- COMMISSIONER NICHOLSON: Commissioner, the issue about the inconvenience of transferring 911 calls, that's not different than what we do in Cypress -- it comes to K.P.D. and gets transferred to the service? COMMISSIONER LETZ: Right. I think the -- I think the problem probably is, it's going to happen more. This is a little bit more populated area than that real rural area out there. And, I mean, there's not a lot of EMS calls in Falling Water, but there are probably two a year, you know, so there is a -- this is going to happen. This is not just a what-if. This is a -- there are actual calls going in there. So, anyway, I'm going to visit with Rex a little bit about it, but that has moved a little bit. There is somewhat of a budget impact, several thousand dollars. JUDGE TINLEY: Any other reports from members of the Court? COMMISSIONER NICHOLSON: I'll just brag again about Animal Control. We're going to have a record number of adoptions this month, maybe a whole lot, and there's a lot of reasons that we're having that success, but one of them is ail five employees there are actively engaged in promoting adoptions. They're on the telephone, doing all kinds of 10-^_3-Oe 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things they can to increase them, so things are going pretty well out there. JUDGE TINLEY: Anything else? Rex? MR. EMERSON: Just a question on the EMS issue with the -- the payments. It was originally passed to my office, and then I was called and told don't worry about it, that it had all been resolved, and it was in one-twelfth now. So, do I need to put it back on the research block, or leave it alone? JUDGE TINLEY: There may have been some movement in that issue since I talked to the Auditor about it and suggested that he refer it to you. Maybe I'm not up to speed. This was sometime probably the early part of last week. MR. EMERSON: Okay. Well, last time I talked to Tommy was Thursday or Friday. JUDGE TINLEY: Okay. Well, okay. MR. EMERSON: I'll check with him and make sure we don't drop the ball somewhere, but -- JUDGE TINLEY: Okay. MR. EMERSON: -- my understanding is he put in a call. JUDGE TINLEY: I don't mind dropping the ball if they're going to insist upon an entire year's payment up front. MR. EMERSON: Well, then, I'll jump into it and io-a3-o6 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we'll see what we can do. But my understanding is, he made the appropriate calls to the City, and shortly got an answer back that said, "Well, we'll bill you monthly." JUDGE TINLEY: Okay. Well, if that's the solution, we're okay. COMMISSIONER BALDWIN: He told me that, too. JUDGE TINLEY: Yeah, okay. Any -- any other reports from anybody on the Court? Elected official reports? Okay. At this time, we will go out of public or open session, and it is 11:13. MR. EMERSON: Y'all want me in or out? COMMISSIONER BALDWIN: In. MR. ODOM: Do you need Road and Bridge? JUDGE TINLEY: I don't think we're going to need Road and Bridge. MR. ODOM: Well, one issue. COMMISSIONER WILLIAMS: One of them is. (Discussion off the record.) (The open session was closed at 11:13 a.m., and an executive session was held, the transcript of which is contained in a separate document.) JUDGE TINLEY: Okay. We will come back into open or public session. It is 12:18 now. Does any member of the Court have any -- anything to offer specifically with regard to the items discussed in closed or executive session? io-3-oh 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hearing none, any other business -- COMMISSIONER LETZ: Judge, I'll just make a comment. Not a motion, though. JUDGE TINLEY: Sure. COMMISSIONER LETZ: That my understanding is that the H.R. -- H.R. Department will be making the numerous adjustments that were necessary and were discussed with the Court during the executive session, and that will then be presented as a revised position schedule next Monday. JUDGE TINLEY: That's my understanding. Anything further? Any further business to come before the Court today? We'll stand adjourned. (Commissioners Court adjourned at 12:19 p.m.) 10-23-06 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 STATE OF TEXAS COONTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 25th day of October, 2006. JANNETT PIEPER, Kerr County Clerk BY: __ ___ _ __ _ Ka~ik, Deputy County Clerk Certified Shorthand Reporter 10-_3-06 ORi~1sR NO. 22986 INTERNET SERVICE PROVIDF,R FOR WEST KERB ANNEX Came to be heard this the 23rd day oi~October, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve replacing current Internet service provider with Bee Creek Communications, Inc. at West Herr Annex, and authorize County Judge to sign contracts for purchase of same. ORI~IiR NO. 22987 INDOOR ARENA BIDS FOR 3 EXIT DOORS Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve $5,404.66 be taken out of Major Repair Line Item for Omega Builders to install 3 exit doors in indoor arena at the Kerr County Ag Barn. ORDER NO. 29988 RESOLUTION FOR KF;IZR COUNTY COMMUNITY PLAN FOR 2006- x007 Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote ot•4-0-0 to: Approve the Kerr County Community Plan for 2006-2007, and adopt the Resolution for submission to the Alamo Area Council of Governments. ORl~1;R NO. 29989 KERB COUNTY VICTIMS SERVICES DEPARTMENT Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Nicholson seconded by Commissioner Letz. The Court unanimously approved by vote oC4-0-0 to: Authorize the participation of Kerr County Victims Services Department in the Criminal Justice Center Internship Program at Sam Houston State University. ORDER NO. 29990 SHERIFF'S PAY/GRADE (POSITION) SCHEDULE Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Authorize the Sheriff to make changes as requested in his department, and go to Human Resources Department so that they can incorporate these changes into the Step and Grade and Payroll, and bring them back to the Court at a future date. ORD1~:R NO. 29991 BIDS FOR AIRPORT SERVICES Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Authorize Road & Bridge to prepare bids to perform certain services as currently being requested by the Airport Board. ORllLR NO. 29992 ANIMAL CONTROL CON"TRACT WITH CITY OF KERRVILLE Came to be heard this the. 23rd day of October, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-U-0 to: Approve the Animal Control Contract with the City of Kerrville. ORDIiR NO. 29993 ADVERTISE FOR ADMINISTRATIVE ASSISTANT/COURT COORDINATOR FOR COMMISSIONERS' COURT Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Authorize Commissioners Williams and Nicholson to continue in conjunction with our Human Resources Director, to post and/or advertise for the Administrative Assistant/Court Coordinator for the Kerr County Commissioners' Court. ORDI?R NO. 29994 2007 >;MPLOYF.E 1 IF.AL"I'II BENEFITS PROGRAM BIDS Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Williams/Nicholson. The Court unanimously approved by vote of 4-0-0 to: Accept all bids submitted, and turn them over to the Human Resources Department for review and coordination with our consultant, Mr. Looney: 1. GPA-Group & Pension Administrators, Inc., including TPA Administration and Stop-Loss Proposals, consisting of a total of 3 binders. 2. Box from Wallace & Associates, indicating that it is primarily Declination Letters where, Wallace submitted to 3rd parties and they declined. 3. UnitedHealthcare, 3 binders. 4. Fiserv Health, submitted through Wallace and Associates, 3 binders. 5. A copy of the request for proposals that was advertised, and some notes from Mr. Wallace, indicating submissions, with references to TD for "turn down", and indications of things that might be received, or no communication received. ORDI?R NO. 29995 BUDGIi"C AMENDMENT #1 CONSTABLE PRECINCT 1 GENEI2A1_ FUND-REVENUES Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-551-499 Miscellaneous Amendment Increase/()Decrease + $100.00' 10-370-300 Various Refunds + $100.00' *-To recognize donation given to Constable Pct. 1, to be used at his discretion in his budget. ORllliR NO. 29996 BUDGI:"I' AMLNDMENT #2 COUNTY CLERK 1?I.tC'ITONS Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-402-330 Election Supplies Amendment Increase/()Decrease + $107.41* 10-402-457 Signs - ($107.41)* ORI)I:R NO. 29997 MONff1LY REPORTS Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioners Nicholson/Letz, the Court unanimously approved by vote of 4-0-0 the following monthly reports: JP #1 -September, 2006 and Amended September, 2006 JP #4 JP #2