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, December 3, 2007 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 BRUCE OEHLER, Commissioner Pct. 4 v (~' q f'n 4 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X December 3, 2007 1.1 Consider/discuss, take appropriate action to adopt Kerr County Employees Health Benefits Plan for 2008 and establish employee/retiree contribution rates for dependents and retirees 1.2 Consider/discuss, take appropriate action on information and alternative elections received from TCDRS on retirement funding and take appropriate action to finalize TCDRS plan and elections for Kerr County for 2008 1.3 Consider/discuss, take appropriate action on request to use portion of Courthouse grounds and parking area on early morning of December 11, 2007, for Cowboy Breakfast in connection with local area and Hill Country District Junior Livestock show activities 1.4 Consider/discuss, take appropriate action to confirm plan for issuance of County cell phones to County officials and employees and termination of reimbursement by County for individual cell phones and/or cell phone use 5.1 Reports from Commissioners --- Adjourned PAGE 3 26 32 35 55 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 3 On Monday, December 3, 2007, 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: Okay, let me call to order this special Commissioners Court meeting posted for this time and date, Monday, December the 3rd, 2007, at 9 a.m. It is a bit past that time now. The first item on the agenda is to consider, discuss, and take appropriate action to adopt Kerr County Employees Health Benefits Plan for 2008 and establish employee retiree contribution rates for dependents and retirees. And, of course, as the Court knows, this matter is a matter that we address every year, and we're going with a new provider, since Mutual of Omaha is no longer in the business beginning January 1. So, Mr. Looney, we'll turn it over to you at this time, our consultant. MR. LOONEY: Judge, good morning. Commissioners, good morning. COMMISSIONER OEHLER: Morning. MR. LOONEY: We went through the process, you know, two to three weeks ago, and during that time frame, it was prior to the November 1st period -- or prior to November when a lot of the information that the -- the stop loss 12-3-07 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 underwriters needed was not available to them, because they wanted it in a timely manner towards the end of the year. So, we took all of the information we had on the managed care information that we had and produced that and gave it back to the people who bid on the rebid process, and that information was given to them so that we could develop fixed and final rates on behalf of the County. In doing so, we went back and also reviewed all of the rates and rating structures of the rebid process. The original bids were -- were filed away, destroyed, whatever, and we started over again. We lost a bidder during the process, but the rest of the bidders pretty much resubmitted bids, and then with the managed care information, were able to give us fixed and final numbers going forward with 2008. That information is in the spreadsheet that you have. We looked at several things. One was the fact that we had a setup fee, in many cases, where the companies wanted to initially have fees for setup. Then we had fees for the runoff claims that we were looking for to determine what -- COMMISSIONER LETZ: What's a runoff claim? MR. LOONEY: Runoff claims are the claims that Mutual of Omaha would have been responsible for had the case carried forward into next year, those claims that were incurred in November and December that will not be submitted until January or February for payment. We wanted to find out 12-3-07 5 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 if there was a manner in which our new administrator would be that fee might be in relationship to the new carrier. After we examined all the information, we got all of the requests in for what they call lasers. A laser is an additional fee that is charged in relationship to any one given specific individual or individuals that increases the deductible that the County would be responsible for for payment of a claim. Our current deductible is $50,000, so a laser would mean that one individual that had a serious medical history, that they potentially would charge an additional fee for the losses incurred by that one individual; they would raise their deductible. After the examination that was done by the different underwriters, two of the companies came back and requested lasers, one on one individual, increasing the liability to 150,000. The other -- another carrier came back with what they call an aggregated specific on two individuals, which, again, potentially increases the liability up to possibly an additional 150,000. The recommendation that we're going to make to the FAR.A third-party administrator has no lasers. 12-3-07 6 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 There's no lasers, no additional deductibles required in any of the individuals that are currently insured under the plan. They have also agreed to waive all expenses for any setup fees that might be incurred. They've also agreed to waive any expenses that were incurred as a result of paying runoff claims. So, there's no charges for the runoff claim payment and there's no additional charge for setup fees. COMMISSIONER BALDWIN: The fees are waived, but the services remain the same? MR. LOONEY: Services remain the same. You see by the numbers that -- that not only from the fact that they have no lasers, but their overall expense ratio with maximum aggregate attachment point is the most competitive of the bids that we received. That's the million, 893 number. It's at the very bottom of the page, on the second page under the FARA, F-A-R-A, heading. COMMISSIONER LETZ: The -- in evaluation of these, how do you rank the total fixed versus expected versus max number? I mean, what's the -- I guess, the criteria as to what's the most important out of those three numbers? I mean, I don't know -- to me, it doesn't seem intuitive that the maximum is always the best measure or the only measure you look at. You have to look at all three of them kind of together. MR. LOONEY: Well, we look at all three of them 12-3-07 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 7 together. The fixed cost is an important -- if there's a huge variation in the fixed cost, then if it's added back into or reduced from the maximum aggregate cost, you have to kind of look at those in combination. But the fixed cost for FARA in this situation is one of the lowest fixed costs. COMMISSIONER LETZ: The -- the last time we went through these, I think -- talking about the agents, is Don Wallace the agent in all these? MR. LOONEY: No. There was one -- one company that bid without agents, but I understand y'all received a letter that said that if you wanted to include the agent, that there was additional expense? COMMISSIONER LETZ: They said it would be 2,800 a month from Entrust; they'd be glad to use Don Wallace. What -- I guess, has the function of the agent changed since we started the H.R. Department? Maybe I should ask Eva that more than you. MR. LOONEY: I was going to say, that's not a question that I... MS. HYDE: As far as -- I'm not -- COMMISSIONER LETZ: I guess I'm -- I mean, what is the agent doing to earn his keep? MS. HYDE: Well, -- COMMISSIONER LETZ: Or maybe I should ask Don that. MS. HYDE: -- they do quite a bit. Number one, as 12-3-07 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the agent of record, I'm not an insurance agent. When we do insurance problems, if we can't get an answer, if we can't get information, then we're able to go through the agent, and the agent can put additional pressure on the insurance company to get us -- get us the information we need. And this year he was pretty darned important, because there was a lot of times that we couldn't get information. COMMISSIONER LETZ: So, he's acting as a -- I MS. HYDE: At times. COMMISSIONER LETZ: Or the -- MR. LOONEY: During this particular time frame, totally new enrollment with a new company. There will be a lot of one-on-one action involved. As a matter of fact, one of the things I wanted to -- because we're having the new carrier pay the claims on the runoff base, there's going to be about a 60- to 90-day period during which the employees and the local providers need to be made aware of the fact that this transition is taking place, because there may have been claims submitted to Mutual of Omaha under an old -- what 12-3-07 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 9 will become an old number, an old classification. It may have to be resubmitted to the new carrier for payment purposes, and we need to make sure we get that communication link specific -- you know, very specifically available to employees so that in case claims are held up or, in some cases, denied by Mutual of Omaha, that the individuals will understand that they need to reestablish that claim process with the new carrier, and then we pay it on the same basis of the claims that were incurred by Mutual of Omaha. So, it's a communication process. It's going to be very important and the agent's going to be very much involved in that process. The numbers that you see back in June and July, I had projected where I felt we were going to be for 2008 and used some of those numbers for budget purposes. The budget numbers that you have set do not have to be changed in relationship to this proposal, as it falls under that budget number that you all set back in -- when you set your budgets. Now, there are a couple of other situations, and one is the employee contribution level is not required to be changed based on this proposal, so the employees do not have to have an additional premium payment going forward in 2008. The premiums that they're currently contributing to the plan are sufficient to meet the funding requirements of the program. There are some changes that I feel should be made administratively to the plan, and this is the time to do 12-3-07 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under whatever the dependent category is. They are not independent and out on their own, but you are paying i maternity expenses and pregnancy expenses for dependent children. I think that should be removed from the plan. The other situation is just timing for new employees. Currently, we have a period of time -- I believe it's the lst of the month following 30 days of employment. We'd like to change that to the 1st of the month following 60 days of employment, to give a little more time to determine whether or not that person is actually going to be a longer term employee for the county. It's just 30 days additional, and it gives a little more time frame for you to determine -- or y'all to determine whether the employee's going to stick around with you. The other thing is, I'd like to change the definition for dependent child to be to the age of 24, but after the age of 19, be required to be attending an additional college or other training for educational purposes. Some licensed school or other qualified educational institution up to the age of 24, rather than an open-ended dependent coverage up to the age of 24. The other circumstance I'm concerned about is that, as we talked about earlier at one of the meetings, one of the 12-3-07 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 11 prescription drug program. When I look at the prescription drug program to determine who the -- the benefactors are, a lot of the benefactors are your retired employees that you have on the plan. You have not that many, but you have benefit has not changed in about three years. We requested a change a year ago, but it didn't happen. So, benefit plan. And they're also paying $105 per month for their dependent if that we got in place for them. Plus that prescription benefit program is -- if they're over the age of 65, then they're utilizing that substantially because Medicare has that Part D, which doesn't cover prescription drugs very well, so there's a lot of medications flowing through that process. The recommendation is to go ahead and increase that premium that's required. We asked for $125, I believe, either last year or the year before, and it didn't happen, so now we're asking that to move up to $135 a month, which is still a very reasonable fee to be paying for the benefits that they're receiving. That 135 -- COMMISSIONER BALDWIN: From 105 to 135? MR. LOONEY: Yes, sir. The other portion of that 12-3-07 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 spouses that -- that are much younger, and so they're not paying the same -- they're paying the retiree fee, and they should be paying, I think, the same fee that any employee is paying to receive the benefits for spousal coverage, so that the same contribution will be made. Now, again, the recommendation is that you've already got retirees and retiree spouses that are paying that set fee. Leave that in place, that -- move it to $135, grandfather those people into that benefit, so that the spousal coverage is not -- but future retirees, that they -- then the spouse will be paying the same that any employee will be required to pay for the spousal coverage. COMMISSIONER LETZ: And that amount is? MS. HYDE: For right now, the amount is -- I didn't think fast enough. For a spouse, it's $240 per month. COMMISSIONER LETZ: So it's going from -- MR. LOONEY: Well, it's -- right now, if they're an active employee, that's what they're paying. COMMISSIONER LETZ: Right. And retirees are paying how much for their spouse? 105? MR. LOONEY: 105 right now. So, I'm saying grandfather those people; don't change that for those individuals. But for future retirees, have them pay the same spousal fee, actually, that they were paying as an active employee. 12-3-07 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 JUDGE TINLEY: Don't change current spouses and employee -- current retirees and spouses, except raise that from 105 to 135? MR. LOONEY: Except move it to 135. JUDGE TINLEY: And future retirees and spouses would be under the regular rate schedule? MR. LOONEY: No, the 135. JUDGE TINLEY: Employees -- MR. LOONEY: The 135 rate for the retiree. JUDGE TINLEY: Yeah. MR. LOONEY: And then -- JUDGE TINLEY: Spouse would be at the regular dependent's spouse rate. MR. LOONEY: Yes, sir. COMMISSIONER OEHLER: What is the impact right now of a $30 increase per month per retired employees? MR. LOONEY: I'm sorry, I'm not sure I understand the question. COMMISSIONER OEHLER: Okay. How much would that impact the budget? How many -- how many retirees are there? MR. LOONEY: We only have about 7 or 8 retirees. MS. HYDE: There's 12. COMMISSIONER OEHLER: Twelve retirees at 30 bucks a month, basically. $360 a month. MR. LOONEY: Right. 12-3-07 14 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 OEHLER: 4,000-something a year. I don't know. MS. HYDE: The problem is that -- let me start again. In 1994, the cost for a retiree's insurance was $387 a month. In 1995, it went down to 105. It's been at 105 since 1995. It's never increased. Last year, Commissioners Court said it needed to go to 125, and it didn't go there. COMMISSIONER WILLIAMS: Why not? MS. HYDE: It was not put into place by the Treasurer's office. COMMISSIONER BALDWIN: Recall the Rangers. Oh, my god. COMMISSIONER LETZ: I mean, it's not that much of a budget impact, but I think they need to probably make the change. COMMISSIONER OEHLER: Yeah. Well, I just wanted to know how many there were. COMMISSIONER LETZ: Doesn't really make that much difference, I mean, in the big picture of the total budget, but -- JUDGE TINLEY: The definition of a dependent basically conforms to I.R.S. -- MR. LOONEY: I.R.S. guidelines. JUDGE TINLEY: Does I.R.S. now go to 24 instead of 23? I was thinking it went to 23. I see a nodding of the 12-3-07 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 head back there. MS. SMITH: State of Texas -- the state of Texas is age 24. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Are there -- in any of these proposals, are there other fees than the bottom three numbers? Is there something else that we're going to be hit with? I mean, is the -- like, the FARA recommendation is 1,893,895.68. Is that the actual -- that's what we're paying, no more than that max number? Or are there -- MR. LOONEY: That's a combination of fixed cost plus the projected claim cost. COMMISSIONER LETZ: Right. But that's the amount -- that is the max? MR. LOONEY: That's the max under that. COMMISSIONER LETZ: There's no -- but are there any other fees associated with this anywhere? You know, employee fees, claim fees, broker fees, anything else in there? That's -- MR. LOONEY: I don't know. We've -- we've gone through the contract pretty thoroughly to find if there was any additional printing charges or other legal charges, things of that sort, and pretty much identified that that fee changes on a monthly basis in relationship to your total population. 12-3-07 16 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. MR. LOONEY: The fee is based on -- COMMISSIONER LETZ: Right. MR. LOONEY: It fluctuates on a monthly basis. Not the fee, but the dollar amount. COMMISSIONER LETZ: Sure. And -- but setup fee was waived, and the run-in, run-out was also waived? MR. LOONEY: Yes, sir. COMMISSIONER WILLIAMS: Gary, what accounts for the variation in the total fixed, as I look across the line? MR. LOONEY: A lot of it has to do with the premium and stop loss insurance, as to the amount of premium required by the stop loss carriers. There are some variations in the actual per-head administration cost, but those are relatively minor. Primarily, the biggest change or the biggest cost is the stop loss insurance. JUDGE TINLEY: Are there -- are there any of these bidders that have fees which are not included in the tabulation which, in essence, need to be added to any of those bottom figures that we're looking at? MR. LOONEY: The only -- the only fee that's difficult for us to identify is a fee that is a per-transaction fee -- per-transaction fee that's charged as ', a result of claim payments that are being made. That fee was projected by one of the bidders, and there's been an 12-3-07 17 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 estimation in the past that there was maybe .5 to .7 claims that would -- times the number of employees per month. And that can range anywhere from an additional $9,000 to $12,000 a year in cost, based on those transaction fees. But that's an estimate. That's -- MR. MOHON: It's included in the maximum cost. It's already included in there. MR. LOONEY: It's included in the maximum? MR. MOHON: Yes. JUDGE TINLEY: On an estimate that you've indicated? MR. LOONEY: I don't know. Is that -- MR. MOHON: Yes. Yes, sir. MR. LOONEY: Is that lowest? MR. MOHON: Yeah. I haven't done the math on it, but it's included. We've included the -- your max cost is your max cost. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: We're about to get engaged in open enrollment, and we're changing administrators. Do we see any anticipated delays for the employee group in terms of identification cards and all the kind of things that are necessary when they go in the marketplace? MS. SMITH: No. FARA brought on 20,000 employees for the State of Louisiana, and had their ID cards to them in 12-3-07 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 18 10 days, so we have a very good system. Our enrollment process is very smooth. There's going to be bumps when you go with a new carrier, but we react very swiftly. SHERIFF HIERHOLZER: Only question I have is, the open enrollment's going to be online; is that correct? MS. SMITH: Mm-hmm. SHERIFF HIERHOLZER: And going to be done out at ours. I think you had asked for a 10-computer setup, and this setup was six. MS. HYDE: We'll be fine. SHERIFF HIERHOLZER: Okay. MS. HYDE: We'll be fine. COMMISSIONER LETZ: Gary, what is the reason for going with FARA as opposed to Group and Pension Administrators, Inc.? MR. LOONEY: Group and Pension Administrators included a laser for one individual. They would have increased -- potentially increased their maximum cost by an additional $150,000. JUDGE TINLEY: Fixed costs appears to be considerably higher, too, by about $60,000. MR. LOONEY: That had to do with the stop loss insurance. JUDGE TINLEY: Mm-hmm. (Discussion off the record.) 12-3-07 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: So, you're -- whether you're taking the lasering or not lasering into account, FARA has the lowest price? MR. LOONEY: Right. Well, they're pretty much the lowest price anyway, even without the laser. COMMISSIONER LETZ: Well, Boston Mutual is a little bit lower, their max number and on their expected, but anyway, if you add the lasering, that changes that. JUDGE TINLEY: Considering the evaluation factors as set forth in the Request for Proposals, it's your recommendation that the Court accept the proposal from FARA? MR. LOONEY: That's correct, sir. JUDGE TINLEY: As well as the implementation of the matters that you set forth with regard to the effective -- MR. LOONEY: Changes in the benefit structure. JUDGE TINLEY: -- change to 60 days from 30 days, and remove dependent pregnancies, and the definition of "dependent" requires attendance at some sort of qualified school between 19 and 24, as well as the changes to the retiree plan that you've recommended? MR. LOONEY: And the -- we get very specific in our definitions of age. You know, it's up to the age of 19, which means it's through the end of their 18th year, so it's up to the age of 19. And it's up to the age of 24, so it's 23 and 364 days plus. So, it's right up to those birthdays, 12-3-07 20 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 rather than through the end of the age of 24 or the end of the age of 19. JUDGE TINLEY: Okay. MR. LOONEY: The renewal for the life insurance was also the -- Mutual of Omaha has renewed the life insurance at the same premium rate that was in effect previously. There's no change in the life insurance premium. COMMISSIONER BALDWIN: Let's -- I'm assuming that when we vote, that we are going to vote for all of these things at one time, accept the company as well as these recommendation changes here. So, if we're doing that, I'd like to -- I'd like to be really clear on this pregnancy issue. Just -- I just want to make sure that we're all riding the same boat. Right now -- what are we doing right now? We're covering -- MR. LOONEY: Dependent children pregnancies. COMMISSIONER BALDWIN: Dependent children that live in the home of their parents. MR. LOONEY: Just has to be determined that they are a dependent. COMMISSIONER BALDWIN: Okay. MR. LOONEY: Which means you are under the I.R.S. regulations. Typically, that means you're more than 50 percent of the support of that child during the previous year. You provide housing, nurturing, food, shelter, and at 12-3-07 21 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 least 50 percent of the cost of that process for that dependent. It's an I.R.S. definition -- federal I.R.S. II definition for a dependent. COMMISSIONER BALDWIN: I think the -- I've I always -- '~, MR. LOONEY: Just as an example -- COMMISSIONER BALDWIN: Okay. MR. LOONEY: Okay. If you have the dependent classification up to the age of 19 -- up to the age of 24 that doesn't require attendance at school on a full-time basis, then that individual -- young lady who becomes pregnant at the age of 22 or 23, who is not attending school on a full-time basis, could, during an open enrollment period, were she pregnant, come back on your plan to receive benefits for the pregnancy by moving back home with her parents during that time frame. COMMISSIONER WILLIAMS: And so we're removing that potential? MR. LOONEY: We're removing that from the benefit plan as -- as an option. SHERIFF HIERHOLZER: But if they lived at home the whole time and are going to school and become pregnant, they're still not -- MR. LOONEY: Still would not be covered for pregnancy. 12-3-07 22 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've always understood that my son had to be in college or he wasn't covered. That's what I've always been told. MR. LOONEY: Well, it's -- that was not the definition in the previous plan. COMMISSIONER BALDWIN: So this is not a shock to me. JUDGE TINLEY: I think the dependency definition under I.R.S. rules for claiming the exemption has essentially been what your understanding was. That's probably where you got that. COMMISSIONER BALDWIN: I still think we ought to call the Texas Rangers in on this deal, get it straight. Okay. COMMISSIONER OEHLER: Probably. MR. LOONEY: Are you comfortable with changing the fees for the retirees? That's part of -- ', COMMISSIONER BALDWIN: No, I'm not comfortable with that, but I'm willing to do it. I think it's a little bit steep, in my own -- my own opinion. We're going to catch hell over it, I can tell you that right now. MR. LOONEY: I think that if you check and see, you'll find that that fee is not out of range as far as some of the large insurance companies' fees for Medicare supplement plans and things of that sort. You're going to a 12-3-07 23 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 -- an independent insurance company to purchase the Medicare supplement types of plans. And the Medicare supplement plans typically do not cover prescription medications. And prescription medications is primarily the reason that they're continuing the contract. COMMISSIONER BALDWIN: I'm not comfortable with it, but I'm going to vote for it. COMMISSIONER OEHLER: Well, if -- COMMISSIONER BALDWIN: Call Bruce. MR. LOONEY: Are you nearing retirement? COMMISSIONER OEHLER: If what the Court had authorized back a year ago had gone into effect -- COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: -- it would only be a slight increase. Now it's a 30 percent increase for one year. Which that's not going to be too palatable for some of those. COMMISSIONER WILLIAMS: No, it's kind of steep for some of them. COMMISSIONER OEHLER: But -- MR. LOONEY: You gentlemen have the ability to set that fee at any fee you want to set it at. That's just our recommendation. JUDGE TINLEY: If you go back to 1995 and put in a COLA, you'd probably be beyond that, wouldn't you? MR. LOONEY: Substantially. 12-3-07 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Any other questions? COMMISSIONER OEHLER: And this also includes -- what do you call the other things that employees can get? MR. LOONEY: This has nothing to -- COMMISSIONER OEHLER: This doesn't have anything to do with any of that? JUDGE TINLEY: No. COMMISSIONER OEHLER: This is strictly -- COMMISSIONER WILLIAMS: Health. JUDGE TINLEY: It's got the -- it does have the life insurance feature attached to it, however, the $20,000 that we've had attached to the employee health benefits plan. COMMISSIONER OEHLER: I didn't see that in here. That's why I was asking the question. MS. HYDE: It also has the cafeteria plan, so our major medical is now going to be done cafeteria plan. MR. LOONEY: Those fees are listed in there, yeah. COMMISSIONER WILLIAMS: What? What did I miss? JUDGE TINLEY: Looks like FARA's proposal on that was better than the others also. Okay. Any other questions? Comments? COMMISSIONER WILLIAMS: Move approval of the health insurance program, and issue the contract to FARA, with stop loss to Monumental Life, as proposed by our consultant, Gary Looney, in his letter to the Court dated December 3, 2007, 12-3-07 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 with all of the other recommendations attached thereto. JUDGE TINLEY: I have a motion. COMMISSIONER WILLIAMS: That's a motion. JUDGE TINLEY: Do I have a second? I COMMISSIONER OEHLER: Yeah, I'll second it. ', JUDGE TINLEY: Okay. I'm sorry, I didn't hear. We have a motion and a second to approve the recommendation of the consultant to award to FARA on the proposal, and incorporate all of the changes as set forth in the memorandum by the consultant. 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: That motion does carry. Thank you, Mr. Looney. MR. LOONEY: Thank you, gentlemen. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Appreciate all your hard work. MR. LOONEY: Thank you, sir. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Mrs. Hyde? COMMISSIONER WILLIAMS: Got married again, huh? COMMISSIONER BALDWIN: Ms. Hyde? 12-3-07 26 1 2 3 4 5 6 7 ,8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HYDE: I'm sorry. COMMISSIONER BALDWIN: When you notify the retirees -- when you -- MS. HYDE: I'm going to ask for, like, a steel -- a steel thing to get into. COMMISSIONER BALDWIN:. No, what do you is add the County Judge's home phone number in there, just to the retirees only. There's only 12. JUDGE TINLEY: So I can put on my -- my recorded announcement the respective Commissioners' phone numbers, in case they reside in Precincts, 1, 2, 3 or 4. COMMISSIONER WILLIAMS: I'm going to have my phone disconnected. MS. HYDE: Thank you, gentlemen, for your support. COMMISSIONER WILLIAMS: Any day. JUDGE TINLEY: Let's move to Item 2; consider, discuss, and take appropriate action on information and alternative elections received from T.C.D.R.S. and retirement funding and take appropriate action to finalize T.C.D.R.S. plan and elections for Kerr County for 2008. Ms. Hyde and the Auditor, I believe, were at a T.C.D.R.S. conference -- MS. HYDE: Yes, sir. JUDGE TINLEY: -- in which various subjects were discussed, and as a result of that, Ms. Hyde wanted to appear before the Court and have us take a look before 12-3-07 27 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 December 15th, which is our final date for finalizing our 2008 elections under the T.C.D.R.S. plan. MS. HYDE: There was -- there were a couple of things, I think, that both the Auditor and myself were surprised at. The first one was that we can have the matching program up to 2.5 percent. Our understanding was that we were at the max, and so we definitely perked up and went into these meetings to make sure that we picked up every bit of information. So, what you have there is plan rates. If we decide we want to go to 210 percent matching rate, it would be at 9 percent. Our current budget plan for T.C.D.R.S. was 8.99 this year, so that would be a little bit over our budget, but we could go to the 200 percent plan, which is at 8.59, which means we would still be under -- under budget, but we could increase the matching rate. And that would be only for future; it would not be retro. We would not go backwards. It would only be from this day forward, for futures. We could not -- we could not afford to go backwards. COMMISSIONER OEHLER: Why does this say "No buy-back" on it? MS. HYDE: Where? JUDGE TINLEY: Buy-back was a year at a time. You do that a year at a time. COMMISSIONER OEHLER: Oh, okay. 12-3-07 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: And we did it for '07 only. COMMISSIONER OEHLER: Oh, okay. JUDGE TINLEY: It was in effect during '07. COMMISSIONER OEHLER: Right. Thank goodness. JUDGE TINLEY: Yeah. COMMISSIONER WILLIAMS: The required rate for '07 was 8.51, correct? That's what I see. And the proposed rate that we budgeted for '08 is -- MS. HYDE: 8.99. COMMISSIONER WILLIAMS: -- 8.99. That's what we put in the budget? MS. HYDE: Yes, sir, because the budget -- we budgeted prior to T.C.D.R.S. telling us what the rate was. COMMISSIONER WILLIAMS: Okay. MS. HYDE: So we assumed that it would go up. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Ms. Williams, what is the cost of one-one-hundredth of a percent? For example, 8.99 to 9.00, that's a one-hundredth of a percent. What is the budgetary impact of that? Stated another way, what is our annual payroll? MS. WILLIAMS: Oh, lord. Right now our payroll is running over -- JUDGE TINLEY: Gross. MS. WILLIAMS: Gross? 12-3-07 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Yeah. MS. WILLIAMS: I can tell you it's running over a million dollars per month for our payroll for this current calendar year. COMMISSIONER OEHLER: $12,000. JUDGE TINLEY: $1,200. That's one-ten-thousandth. Yeah, 9 percent is 9 one-hundredths, and you take a hundredth of that. Just move over four decimal places. COMMISSIONER OEHLER: Talking about 12 million? JUDGE TINLEY: Yeah. COMMISSIONER OEHLER: Times .O1 -- .001. JUDGE TINLEY: .0001. 9 percent is .09. COMMISSIONER LETZ: He's right. $1,200. $1,200, $1,500. JUDGE TINLEY: Yeah. COMMISSIONER OEHLER: Almost nothing. JUDGE TINLEY: Yeah. COMMISSIONER LETZ: I kind of go along with the Judge's -- he didn't say anything, but he was going down the road to say we ought to go up to Plan 2 that was proposed, which gets us up to 210 percent. COMMISSIONER WILLIAMS: I'm sorry, say that again? JUDGE TINLEY: Closest in line with what we've budgeted, obviously. COMMISSIONER WILLIAMS: Plan 1? 12-3-07 30 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: Plan 2. COMMISSIONER WILLIAMS: Two. COMMISSIONER LETZ: Would be about from $1,200 to $1,500 more than what's in the budget, but would get us closest to the maximum contribution rate, which is a pretty good benefit for employees. JUDGE TINLEY: Were you able to get a compilation summary of -- from T.C.D.R.S. of what other counties have done? MS. HYDE: No. They used to publish that. You know, it used to be in their annual report. It's no longer in their annual report, and they don't have it for next year. So, they said that there are 15 counties that are max. JUDGE TINLEY: At -- MS. HYDE: But they wouldn't -- they didn't -- they couldn't tell me who. They're maxed out. And what some of them have had to do, they've had to take steps. So -- but I thought this was pretty interesting, and this allowed us this year to make a substantial jump, even if we could only go to the 200, and then we could go -- go up. JUDGE TINLEY: You -- you were of the understanding prior to attending this conference that we were fixed at what we were doing? MS. HYDE: I -- yes, sir. I'd been told that several times, internally. 12-3-07 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 JUDGE TINLEY: Okay. MS. HYDE: But it has been -- it has been higher than what we have for many years. COMMISSIONER LETZ: There's no mechanism for employees to put in additional amounts? MS. HYDE: No. No, we can't allow them to put in additional amounts, 'cause that's the way the law is. You know, we -- that was the question that we all asked multiple times, you know, because we were wanting it to be more like a 457 or a 401, but because -- COMMISSIONER LETZ: Because it's not. MS. HYDE: It's not. So, I thought that this would be good. I mean, we have several things that are good news this year for them. No increase in their health insurance. Can we bump up our matching rate for going into retirement? Although we can't go back and -- but going forward, this will help them, and if we can continue to take it up, based upon our budget -- you know, our budget, that would be -- that would be very good for retirees. COMMISSIONER LETZ: I'll make a motion that we -- wrong one; where am I? -- make the election with T.C.D.R.S. to go with 210 percent matching rate, as outlined on proposed Plan 2 on the attachment that was handed out to the Court today. COMMISSIONER BALDWIN: Second it. 12-3-07 32 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: On the funding part of that, I think we'll just wait until later in the year, because as employee numbers vary throughout the year, there may be enough money in that budget. Right now, there may not. We can figure that out towards the -- JUDGE TINLEY: Yeah, differences. COMMISSIONER LETZ: It's such a small amount that, you know -- but I don't see a reason to make a budget amendment at this time. MS. HYDE: It could be in other people's budgets, we have a little bit left, and we can put it in there. JUDGE TINLEY: Right. Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Thank you, ~ Ms. Hyde. MS. HYDE: We've got one question -- JUDGE TINLEY: Item 3; consider, discuss, take appropriate action on request to use courthouse grounds and parking area on early morning of December 11, 2007, for 12-3-07 33 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 Cowboy Breakfast in connection with local area and Hill Country District Junior Livestock Show activities. I made a faux pas. That should read January the 11th, 2008, which is very near the time that those events occur, and Mr. Bondy and the other folks that are working on this are going to come back next Monday, and -- even though, I think, since it's obviously a -- a faux pas, we could probably consider it somewhat like the notice? COMMISSIONER LETZ: No. JUDGE TINLEY: I was using as my model the appointment of someone on the board for a two-year term, as opposed to a three-year term, if you'll recall that instance. But they'll be back next Monday, so away we go. Next item; consider, discuss -- COMMISSIONER BALDWIN: Hold on. JUDGE TINLEY: I'm sorry. COMMISSIONER BALDWIN: Are you telling me that we are going to do this, and then we're going to do it again next Monday? COMMISSIONER LETZ: We didn't do it today. JUDGE TINLEY: We're not going to do it. COMMISSIONER BALDWIN: That was the plan? We're going to do it today, and then do it again Monday? Why do we do that? Why do we do things -- JUDGE TINLEY: We're not going to consider it 12-3-07 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 today. COMMISSIONER WILLIAMS: Need to change the date. MR. EMERSON: Because I'm a stick-in-the-mud, Buster. The bottom line is that somebody may -- in the scenario that the Judge is referring to, the public had notice that you were going to appoint an individual, that they were going specifically to that board, that it was two years long, and it's a minor issue whether, you know, it's two years or three years, because all the other facts are common. In this particular instance, theoretically speaking, since you have a specific date noted, somebody may not have a problem with December 11th, and they may have a big problem with January 11th. COMMISSIONER BALDWIN: That's not my question. MR. EMERSON: We're supposed to give notice to the public -- okay, I'll shut up. COMMISSIONER BALDWIN: I appreciate your explanation, but I don't care about that stuff. What I care about is, why do we deal with one issue two meetings in a row? If we -- let's pretend that you didn't have a problem with this. We were going to go ahead and do it, and then turn around and do it again next Monday? COMMISSIONER LETZ: No, we wouldn't have done it Monday. 25 ~ MR. EMERSON: No. 12-3-07 35 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: We just would have done it today. COMMISSIONER OEHLER: Change the date. COMMISSIONER BALDWIN: Mr. Bondy -- COMMISSIONER OEHLER: We would have changed the date to the correct date, and it would have been over and I done with. COMMISSIONER BALDWIN: Thank God. I thought -- I really thought y'all were losing it there for a minute. Thank you. JUDGE TINLEY: So we're not doing it today. COMMISSIONER BALDWIN: We're not doing it today, Rex, and you're absolutely correct. Thank you. JUDGE TINLEY: Let's go to Item 4; consider, discuss, take appropriate action to confirm plan for issuance of county cell phones to county officials, employees, and termination of reimbursement by County for individual cell phones and/or cell phone use. During the budget process and prior, and probably since, there's been considerable discussion on a master cell phone contract for the County, other than for the Sheriff's Department and jail folks, in essence, modeled after their arrangement, that we put all the phones under one agreement in order to save -- save some money. And pursuant to that direction by the Court, the I.T. Director and I got together and we have worked out a deal 12-3-07 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 with Five Star, and there's some rough notes on the parameters of it. And what's been passed out to you -- COMMISSIONER OEHLER: Extremely rough notes. JUDGE TINLEY: Five Star has agreed to -- well, it's -- COMMISSIONER LETZ: Work in progress. COMMISSIONER OEHLER: Looks like a doctor's writing. COMMISSIONER BALDWIN: Hen-scratching. COMMISSIONER WILLIAMS: I can read this. COMMISSIONER OEHLER: Excuse me. COMMISSIONER BALDWIN: It's hen-scratching is awful. COMMISSIONER OEHLER: This is worse than my This handwriting. JUDGE TINLEY: What we've done in addition, as part and parcel of that, is for those that have an individual personal cell phone contract with Five Star, for example, Five Star has agreed to allow those individuals who were using their own personal cell phone partially for personal, partial for county use, to rework or cancel their individual cell phone contracts to allow for this modification. But any individual who needs a cell phone to conduct county business will be issued a cell phone under this plan. We're probably going to have some transition with some non-Five Star plans. 12-3-07 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We've got a few that are maybe Sprint, Verizon, Cingular, and we may have to roll those on individually as those contracts run out. And -- but Five Star is willing to work with us to do that. That's where we are. And attached are also the memos to employees asking them to identify the number of phones they would need, and subsequently, that December I is what we put into effect for -- in our discussions with Five Star. The billing will be from the 20th to the 20th. And that's essentially it. COMMISSIONER BALDWIN: Judge, you talked about Five Star allowing other contracts to roll over on them. I understand that there may be some cancellation fees from those other companies. Contract cancel -- actual cancellation fee. Do we have any idea what -- what that impact -- JUDGE TINLEY: Those that are under contract and for which there would be a cancellation fee, we're not requiring those to be rolled over -- COMMISSIONER BALDWIN: Oh. JUDGE TINLEY: -- until those contracts expire, and then they'll just be rolled over onto the Five Star contract. But on those that there are outstanding valid contracts, we're not going to incur any cancellation. How many of those do we have, John, that are outside with Sprint or Cingular or Verizon or whoever in the world? 12-3-07 38 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: Five contracts that I have in-hand today that we're changing from other service providers. COMMISSIONER LETZ: How many -- I guess what we need to do, we need to -- probably in your memo, Judge, we need to tell any elected official or department head that has any in that department to give us what the cancellation date is so we can -- JUDGE TINLEY: I think John's already got that. Don't you? MR. TROLINGER: Just the current -- just the current bunch. MS. PIEPER: It's kind of late now on mine, because according to that memo, it said as of December lst they wouldn't be paid, so mine's been paid and the cancellation fee has been submitted for payment. JUDGE TINLEY: That was a county contract. It wasn't a personal, was it? MS. PIEPER: I don't know -- I don't know how to answer that. It was -- yes, it was. JUDGE TINLEY: Whose contract was the name in? MS. PIEPER: It was under County Clerk, Jannett Pieper. JUDGE TINLEY: It was -- MS. PIEPER: But it was authorized -- it was authorized for payment through Commissioners Court order back 12-3-07 39 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 in 2001. JUDGE TINLEY: How long was the contract to run when it was authorized in 2001? MS. PIEPER: I have no idea. JUDGE TINLEY: 5-year contract? 6-year? 12-year? MS. PIEPER: I didn't see a contract. I didn't know that there was a cancellation fee thing until I went to cancel it. COMMISSIONER LETZ: Well, that's taken care of. You're submitting that cancellation fee for payment. JUDGE TINLEY: It was a county contract; it wasn't a personal contract. MS. PIEPER: I think it would probably be considered -- well, it was a governmental business line, but it was -- I had to put -- it was under County Clerk, Jannett Pieper, and I had to give them my Social Security number back when, so I don't know how it would be considered. JUDGE TINLEY: But you -- you just canceled the contract? MS. PIEPER: Yes, turned the phone off. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: How much is the cancellation fee? MR. TROLINGER: $200. JUDGE TINLEY: I think you wasted $200, Ms. Pieper. 12-3-07 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PIEPER: I went by your memo, sir. JUDGE TINLEY: Well, that referred to personal phones, and I don't think you had a personal phone. And I don't know how you got your cell phone in an 8-year contract to begin with. MS. PIEPER: If it doesn't get paid, it goes against my credit, because my Social Security number was on it. JUDGE TINLEY: That was a county contract, Ms. Pieper. It's done. SHERIFF HIERHOLZER: The only thing I'd -- comment I'd make, when you do a large one for everybody, you're going to have to have somebody that actually kind of reviews the bills that come in because of your limit on minutes. You will have -- you know, I've had the same thing. That's why I scrutinize them pretty good on mine, so that you don't get one or two employees that really go over and use a whole lot of minutes, which would -- could very well cost everybody else if you go over your minute allotment. But the drawback to that is, whoever does that will get to see the total bill and every phone number and every call that any employee ever makes. COMMISSIONER BALDWIN: We appreciate you stepping up to the plate, Rusty. SHERIFF HIERHOLZER: Nope. That's why I have mine. 12-3-07 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 COMMISSIONER WILLIAMS: Judge, let me ask the question kind of in reverse here a little bit. For any of us who have personal contracts who have never asked for county reimbursement, this has no effect? JUDGE TINLEY: No, none whatsoever. You can continue to use your own personal cell phone for county business. You just won't get anything for it. COMMISSIONER WILLIAMS: Right, exactly. JUDGE TINLEY: If you want to conduct county business on a cell phone, though, we will provide you with a cell phone. I'm assuming, you know, if it's other than elected officials, as long as the elected official or department head says this employee needs it. COMMISSIONER WILLIAMS: I think the time involved in the bookkeeping is worth leaving it alone. COMMISSIONER BALDWIN: I do too. I think Rusty's onto something, though, maybe for the first time in years. But I think it is important that somebody oversees this thing, and I'd like to know today who that person's going to be, or what office that's going to be. COMMISSIONER WILLIAMS: I can tell you who it's not going to be. You and me. COMMISSIONER BALDWIN: Yeah, I agree with you. JUDGE TINLEY: Far as I know, the plan is to submit it to the Auditor's office. 12-3-07 42 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: Is the Auditor in here? JUDGE TINLEY: They're the ones that -- COMMISSIONER LETZ: No, the Auditor's not here. The Treasurer is. MS. WILLIAMS: I have a question, though. Is it going to be one county account, all cell phones on one account? Or can it be split out and have separate billings for separate departments? Five Star could possibly do that, and then each department would get their own bill and they would be responsible for going over it, like the Sheriff does with his, and then submitting it to the Auditor's office for payment. JUDGE TINLEY: We had a discussion where they're going to group those -- those numbers together. Is that not correct, John? MR. TROLINGER: That is correct. The entire purpose is -- is to have one account to simplify the billing and to reduce the cost. And the billing that we receive will reflect one line item per phone number, with the number of minutes. It will not be a detailed billing. So the Auditor can red flag any phones that show up with a substantial change in the number of minutes. That that's how I see it. COMMISSIONER LETZ: Can they be sorted by -- I guess the question, as I heard the Treasurer say, can it be sorted by department? Like, can all of the Maintenance 12-3-07 43 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 phones be in one -- a subtotal under them? MR. TROLINGER: No. This will be in order by the phone numbers. JUDGE TINLEY: Yes, ma'am? JUDGE WRIGHT: Has Five Star increased their area? At one time, I canceled mine because I couldn't use it in Center Point. MR. TROLINGER: Five Star added two towers in the past year, and they're adding one new one -- JUDGE WRIGHT: So I'll be able to get it when I'm out in the boonies out there? SHERIFF HIERHOLZER: I can tell you as far as inside Kerr County, Five Star will give you -- and I'm not promoting them; it's just what we've found out through law enforcement. Five Star will give you the best reception, best service, as long as you're inside the county. Right before you get into Center Point, on 27 right there by Brown's Welding, that area is always going to be a dead area. It's been dead forever, you know. It's just about a -- oh, a tenth of a mile stretch there on 27 that's dead. But otherwise -- COMMISSIONER WILLIAMS: It's all electrical interference over there between him and Frontier Gear. SHERIFF HIERHOLZER: Maybe, but there is a dead area about there. 12-3-07 44 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 WRIGHT: And The Woods. Both dead areas, too, I had before. COMMISSIONER WILLIAMS: I have a question of Mr. Trolinger. For those of us who will -- who have a personal contract, and intend to continue a personal contract and seek no county reimbursement -- those are the three prerequisites, okay? -- can we use the power of the County's purchasing to upgrade our telephone instrument and so forth? Is that a possibility? MR. TROLINGER: There is a discount that's been offered. Judge Tinley, do you have the details? JUDGE TINLEY: I mentioned that in my memo, where they had approved a new program for personal family cell phone use for county employees. My recollection is -- I don't have it in front of me. There was an e-mail. I think it was a -- a $5 per phone, or $5 discount. It wasn't great, but it was better, as they say, than a poke in the eye with a sharp stick. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: But they -- we asked them to provide a little sweetener, and they didn't have one. They went -- went back and conjured something up, and sent us an e-mail on it. Do you have that handy? MS. GRINSTEAD: I probably have it in the computer. I can get it for you. 12-3-07 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: I think it was an e-mail, probably in that file, but my recollection was it was a $5 discount. MR. TROLINGER: That sounds approximately right. And, yes, Five Star came up with this exclusively for Kerr County as a result of the offer to consolidate the business JUDGE TINLEY: Five Star's going to lose money on MR. TROLINGER: Yes, substantial -- they're going phone provider losing money. JUDGE TINLEY: Well, based on what they're getting now, and based on what they're going to get in the future, it's going to be less in the future, because we're consolidating. COMMISSIONER OEHLER: But the billing and everything will be so much simpler. They'll be doing -- sending out one bill, getting one check. And not having to keep account of all those calls and document that to send out as the bill will be a big savings. COMMISSIONER BALDWIN: I agree. The -- so, the oversight -- the answer to my question of 38 minutes ago, I'm hearing that the Auditor is the person that's overseeing and checking and doublechecking all the phone calls and make sure 12-3-07 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 everybody's in line and not going out-of-bounds and all that. MR. TROLINGER: Well, once again, the billing changes from a detailed billing to one -- one phone number, one line item, so we know how many minutes there are per phone. And the Auditor, in the past, has overseen this and red-flagged any departments that had a substantial change, and that's what I expect to continue. COMMISSIONER BALDWIN: So, yes is the answer. The Auditor is going to be this person? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Yes. COMMISSIONER OEHLER: This is going to be a very simplified version. It's only going to be if you have a flag where you've gone way over your -- your amount that you're contracted for, to red-flag those, but it's not going to be a per phone call audit? MR. TROLINGER: That's correct. COMMISSIONER LETZ: Not a per phone call, but it will be per phone. COMMISSIONER OEHLER: Per phone. But -- really, per phone is the way I'm hearing it. MR. TROLINGER: No, it will be per phone line, yes. SHERIFF HIERHOLZER: Only -- COMMISSIONER BALDWIN: And the Auditor sees it, and what will the Treasurer see once it arrives at her desk? 12-3-07 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. WILLIAMS: I don't see the bills usually. All I get is the report from the Auditor's office for -- as the Court approves it, and then we pay the bills. COMMISSIONER BALDWIN: Do you -- well, see, I think i the Constitution was set up for this check and balance issue. That's kind of where my mind's going right now. Could you peek at it occasionally? MS. WILLIAMS: Sure. COMMISSIONER BALDWIN: Just -- MS. WILLIAMS: My concern is, how many minutes is the County going to get on this new billing? JUDGE TINLEY: We're going to have an initial trial period -- MS. WILLIAMS: Okay. JUDGE TINLEY: -- that we're going to determine that. MS. WILLIAMS: Right. JUDGE TINLEY: And some -- something between probably 60 and 180 days, as mentioned in that very elaborate and very readable memo which you have, we're going to -- we're going to find that level. MS. WILLIAMS: Okay. JUDGE TINLEY: And then we're going to fix it based on that, with the proviso that in order to avoid this 45 cents a minute or whatever these outrageous overage charges 12-3-07 48 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 are, the deal is that if we exceed it, they're just going to bump us to the next increment, so that we don't get into that trap. But we're trying to find that level in these first few months. MS. WILLIAMS: Okay. 'Cause my concern was you have a set number of minutes, and you have however many phone calls. As each call goes in, doesn't matter which department, it starts taking off those minutes. When you get -- when you bottom out, they're going to start hitting you with charges, and how are we going to know which departments have gone over and are being charged if we don't have the detail and you just have -- are they going to give us a one-line total for each phone number that has -- JUDGE TINLEY: Of minutes, yes. Each phone -- each phone will have a total minutes for that billing period. MS. WILLIAMS: Okay. SHERIFF HIERHOLZER: The one -- in our billing that I get each month, I get that copy of that page which gives me a list of all the phone numbers the Sheriff's Office has, and the number of minutes each one used. But also attached with that, you do get a detailed billing, which normally, you know, we get. I don't know if you can tell them not to send that, but I get that, so somebody here is probably going to get that. JUDGE WRIGHT: You're paying extra for that. 12-3-07 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 SHERIFF HIERHOLZER: Well, but it gives me exactly what calls each one of those phones made; it's separated out. But what Mindy is saying, and it doesn't affect me, is if you got a 6,000-minute plan and Bruce only uses, you know, a few ~ minutes of it, but somebody else uses 700 minutes of it, which caused it to go over the 6,000, then you start billing that department for the extra. How do you know his phone is the one that made it go over, and not somebody else's phone? You're going to have a hard time dividing it out by department. COMMISSIONER LETZ: Divide it out by phone. SHERIFF HIERHOLZER: It's -- you know. MS. WILLIAMS: Well, you may have an official who doesn't use their phone for, say, the first two weeks or so of the month. You've already met your match or your limit, and the next time that individual uses that phone, he's going to be charged because you have no more free minutes, but yet you're penalizing them for being frugal when somebody else is just going bonkers. COMMISSIONER LETZ: Right, and we'll get a report. If we see someone using the phone a whole lot, that person needs to be spoken to; say, "Why are you using your phone so much?" And the Judge just said there's no additional charge per minute. 25 ~ COMMISSIONER BALDWIN: Hence my question. That's 12-3-07 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 why I'm going with my question, is who's going to oversee that and decide that somebody -- that I've gone over my limit, and -- and that I'm using it for county business? COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: You know, somebody needs to determine that, I think. I mean, that's what we're doing here, is -- is getting these phones for people to use for county business only; that we're getting away from this personal usage thing, is one of the things that we're doing here. Somebody has to oversee that and be able to see it in the billing. COMMISSIONER LETZ: I think you use some -- I mean, the way it's set up, and it's for costs, the only way you can do that, the Auditor's going to look at it. If certain employees are using a lot of minutes, whether it's 100 minutes or 200 minutes, I think that department head or elected official needs to talk to that employee, figure out why you have that many minutes. COMMISSIONER BALDWIN: So, does the Auditor call me and say, "Buster, one of your secretaries is using too many minutes"? Is that how it's going to work? COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: That's what I'm trying to get to. COMMISSIONER LETZ: That's how I see it. That's 12-3-07 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 the person who has the report, is the Auditor. JUDGE TINLEY: The department head or elected official is the one that responded and said, "I've got so many employees that need have access to cell phones for county use, and the estimated number of minutes for each of those employees..." That's what the memo required them to submit, is as follows: Employee A, so many. Employee B, so many per month. If the Auditor spots something out of the norm, the Auditor's going to contact the elected official or department head, and then the department head or elected official sorts it out with the employee from that point on. COMMISSIONER BALDWIN: Okay. That's all I'm looking for, is that right there. Thank you. JUDGE TINLEY: On the incentive plan for county, I don't recall seeing this one before on the add-a-phone feature, $3 discount on add-a-phone. It's normally $15 with Five Star Wireless for county employees, individually. So, I believe there's two incentives now, the $5 for the base, $3 for the add-a-phone discount. MR. TROLINGER: Judge, I know we have that e-mail that gives us the incentive for the add-a-phone; I do recall that. I don't know -- JUDGE TINLEY: There was another one, I'm pretty sure, that sticks in my mind that we had for $5 for the base. COMMISSIONER WILLIAMS: I've got it in my 12-3-07 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I briefcase. JUDGE TINLEY: Huh? COMMISSIONER WILLIAMS: I've got it. You sent it out; I've got it. COMMISSIONER LETZ: So, what are we doing today? Confirming the plan? What's the action item? I thought we'd already done this. JUDGE TINLEY: Well, I guess I'm going to have to sign a contract, I think, that I've not yet signed. SHERIFF HIERHOLZER: Depending on how many phones there are, Judge, you're going to have to sign a lot of contracts. JUDGE TINLEY: No, I'm just going to sign one. MS. LAVENDER: Let me ask -- SHERIFF HIERHOLZER: Every phone number is a separate -- COMMISSIONER LETZ: Our plan is different than yours, Sheriff. JUDGE TINLEY: Our plan -- COMMISSIONER LETZ: Our plan is better than the Sheriff's, it says in the memo. SHERIFF HIERHOLZER: Okay. MS. LAVENDER: Since my phone is paid for by grant money, how is that going to affect how it's -- how it's -- is it going to come in on the county phone bill just like 12-3-07 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 everybody else's? JUDGE TINLEY: Is this part of what we're furnishing in-kind, or is this part of it being paid -- MS. LAVENDER: It's paid by grant money. JUDGE TINLEY: Okay. SHERIFF HIERHOLZER: Keep it. COMMISSIONER WILLIAMS: Is that a budgeted amount within the grant -- framework of the grant? (Ms. Lavender nodded.) COMMISSIONER LETZ: I wouldn't know why you wouldn't just, whatever your minutes are, pay it the same way. MS. LAVENDER: But mine right now is just a flat fee, is what's in the grant, "X" number of dollars a month. COMMISSIONER LETZ: But it's going to be a flat fee now, too. I mean -- MS. LAVENDER: It's never -- it's not -- it doesn't change from month to month. COMMISSIONER LETZ: It shouldn't change now. COMMISSIONER WILLIAMS: Shouldn't affect the -- COMMISSIONER LETZ: Once we get our minutes. MS. LAVENDER: Is it going to come in with the big bill like the rest of the county? JUDGE TINLEY: I think, yeah. And I think what we need to do is, when you apply to renew that grant, show that 12-3-07 54 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 as an in-kind contribution, and have something else covered by the grant, maybe. As part of our in-kind contribution, as a matching portion. MS. LAVENDER: Okay. ~ JUDGE TINLEY: Okay? COMMISSIONER BALDWIN: Boy, that was some high-level executive decision right there. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: Whew. JUDGE TINLEY: I want to know how many years it's been since the Sheriff had a good idea, when he finally came forward with one. COMMISSIONER BALDWIN: Eight that I know of. SHERIFF HIERHOLZER: You're right, just a little bit longer than eight. COMMISSIONER LETZ: Once the contract gets approved by the County Attorney, we'll authorize you to sign it. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Is that a motion? COMMISSIONER LETZ: No, I'm not making any motion today. JUDGE TINLEY: Okay. COMMISSIONER LETZ: I haven't seen a contract. Or the County Attorney hasn't seen a contract. JUDGE TINLEY: All right. Anything further? 12-3-07 55 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: Are we jumping to the tail end? JUDGE TINLEY: We've got nothing else on the phones? Okay, we're at the tail end. First off, do we have any bills? I don't see any auditor in here. No budget amendments. Reports? COMMISSIONER WILLIAMS: Last Thursday, the Texas Youth Commission visited Kerr County's Juvenile Detention Facility, along with the Cornerstone people. And I guess there's some seriousness about what's going on, because there were six of them. Count them; six of them came down from Austin in two cars, and they kicked the wheels on that building until they almost fell off. But there was a very interesting assessment of the facility. Kevin Stanton assisted. I was there, Cornerstone people were there, Maintenance -- Tim and one of his helpers was there. And I'm sure that once the T.Y.C. people reduce whatever their thoughts and comments were to writing, we'll probably know about that in the very near future. It would appear, Judge, that they're trying to get all these ducks lined up so they can issue their contracts in -- toward the end of January. And I would think that everything thereafter would be on a pretty short leash. The Cornerstone people -- only one came down; that was Gary Miller. The controller did not come down, but he's been e-mailing back and forth to me about when 12-3-07 56 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 it is that you and I can sit down and hack out the -- the remaining terms of a lease agreement with him. And it would seem to me that we would want to see the report from T.Y.C. with respect to the building so that we are quite sure if anything needs to be done, who does what in terms of preparation and getting ready. So, that's kind of the report. That's where it's at. JUDGE TINLEY: Did T.Y.C. indicate that they would be issuing a report concerning any deficiencies in the facility? COMMISSIONER WILLIAMS: Well, that's kind of what I'm suggesting, yes. They're probably going to do it, but it will probably go directly to Cornerstone, because they're the agent that's working with them. We're just the owner of the building. COMMISSIONER BALDWIN: We're just the owners. COMMISSIONER WILLIAMS: Yeah, just the owner of the building. But all that's going to come into focus, I would think, when you and I and the representative of Cornerstone sit down about making that building ready and so forth. But, yeah, I expect some reports, and we'll see it. JUDGE TINLEY: Okay. Anybody else? COMMISSIONER BALDWIN: I would hope you -- at least you two guys are in that pipeline; that when that report comes out and goes to Cornerstone, that same day it be mailed 12-3-07 57 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: They may do that, Commissioner. I'm not sure. But I -- I',m certain that we'll get it. We'll get a look at it from Cornerstone at the very least. JUDGE TINLEY: Our current -- our current position with Cornerstone with regard to that building and the maintenance of the building is that, as it is now, we'll provide everything as being operational. Beyond that, it's all in their lap. That's our current base position with them, so I think that's going to necessarily require us to be in that loop. Unless they don't want us to even think about sharing in the cost, in which case, that's fine with us. COMMISSIONER WILLIAMS: Well, there will be some things. I stayed with them for two hours plus in the morning, and they took a lunch break and came back at 1:30 for the purpose of -- ostensibly the purpose of firing -- cutting off the power, see if the generators kicked in on time and so forth and so on, and they were playing around with the security system. There were some -- there may be some small issues there in terms of electronic locks firing or not firing. And I did overhear one conversation with respect to sprinkler systems that required caps that -- and covers on them; there are no coverings. So, there will be some minor issues we have to address. 12-3-07 58 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: What about things like -- let's say a year down -- we do a contract with them, all this works out, and a year and a half down the road, they decide that they want to put a wall somewhere there. Is that at their expense? Do they get our approval, or how does -- JUDGE TINLEY: Both. That will be part of the lease agreement. COMMISSIONER WILLIAMS: Yeah. COMMISSIONER BALDWIN: They get our approval to -- JUDGE TINLEY: Any additions or modifications would have to be with our prior approval, and I would anticipate at their expense, and maybe a provision at the end of the lease term that they be required to remove it, possibly, depending upon what it is. COMMISSIONER WILLIAMS: Depending upon what it is. COMMISSIONER BALDWIN: Yeah, good. Okay. JUDGE TINLEY: That'll be part of the lease agreement. COMMISSIONER BALDWIN: Very good. COMMISSIONER WILLIAMS: That's it on T.Y.C. and Cornerstone. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Only thing I have is, based on a conversation with Commissioner Williams, the City took no action on appointing anybody, and as I mentioned to you the 12-3-07 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 other day when we were in Boerne, you're turned loose to write the letter to the City. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: We're going to have a fuller-blown -- more full-blown discussion on this issue next Monday. COMMISSIONER BALDWIN: Are we talking septic tanks or airports? JUDGE TINLEY: Airports. COMMISSIONER WILLIAMS: Airports. There may be some -- COMMISSIONER OEHLER: Similarities. COMMISSIONER WILLIAMS: -- blurred lines between them, but we're talking about the airport. COMMISSIONER BALDWIN: I know. I've gotten lost in it. I brought my -- I brought my airport stuff just in case y'all were going to bring it up. COMMISSIONER WILLIAMS: No, I'll have it on discussion -- for the discussion next week. COMMISSIONER OEHLER: Only thing I have is that, now that Animal Control is -- is involved in a statewide online adoption service, they are getting lots of out-of-town people coming here and adopting animals. I talked to Janie on -- I think it was Friday. She told me she hadn't had to euthanize a dog in three and a half weeks. 12-3-07 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 WILLIAMS: That's good. COMMISSIONER OEHLER: Unbelievable. So, the response to the online adoption statewide has just been great. COMMISSIONER BALDWIN: That's great. COMMISSIONER OEHLER: Look forward to that continuing. COMMISSIONER LETZ: What are y'all doing on the I burn ban? COMMISSIONER OEHLER: I'm taking mine off today -- I'm putting it on today. COMMISSIONER LETZ: I was too. COMMISSIONER WILLIAMS: I'm glad you raised that question, because I think we all put it back on about 4 o'clock on Thursday to Friday, whatever. COMMISSIONER OEHLER: I took mine off. COMMISSIONER LETZ: It's been -- COMMISSIONER WILLIAMS: Suspended. I meant suspended. And I got a phone call that night from the Elm Pass Volunteer Fire Department. We released it at 4 o'clock in the afternoon, 'cause you indicated you wanted to do that; everybody else went along. I got a phone call from Elm Pass Volunteer Fire Department Chief at about 9 o'clock that night, and he was really upset about two things. First of all -- I'm glad the Sheriff's here. First of all, the 12-3-07 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 volunteer fire departments are not getting any notification. They have to either call the hotline themselves, or they have to wait till the next day to see the paper. No notification out of dispatch that -- if that's possible, that the burn ban has been put on, taken off, or -- SHERIFF HIERHOLZER: Half the -- COMMISSIONER WILLIAMS: Let me finish, Sheriff. And, secondly, as is the case, and we've had -- all of us have had this happen, there's always one unthinking individual -- that's the nicest way I can put it -- who will fire it up late, or the minute he hears about it, and in this particular case, we had a fire raging at 7 o'clock or 8 o'clock at night in the dark, and it got out of control. I don't know. I just -- COMMISSIONER OEHLER: Can you -- is that a good way to -- I've been calling mine. I did not do it this time, because it was very short, but I will do it today. But can you do that with your dispatch? SHERIFF HIERHOLZER: Well, half the time our dispatch finds out by calling the hotline. I don't, okay? I mean, we find out the same way that anybody else can. It will be -- a lot of times officers out on a scene will ask the dispatcher, "Is the burn ban on or off?" And they will either call, or if I've been to court, you know, and know it's off, I'll go back and tell them that it's off or it's 12-3-07 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 COMMISSIONER OEHLER: Do we need to call your department -- call dispatch and tell them that it's either on or off? SHERIFF HIERHOLZER: In your -- since you can do it individual precincts, that's what I'd rather see. If you can't get hold of the volunteer fire departments, at least call, you know, our dispatch and let them know. COMMISSIONER WILLIAMS: We do it through Jody. We make a change on or off with Jody here, and it goes on that hotline. That's the best, you know, way, as long as that's accurate, that we all find out. COMMISSIONER LETZ: And John updates it too. Now, I have done it on a Saturday, and if I do it over a weekend, I call dispatch. SHERIFF HIERHOLZER: Then we know -- yeah, you've called us several times. COMMISSIONER LETZ: I call one person; I always call dispatch. COMMISSIONER WILLIAMS: You call dispatch if you make changes? MS. GRINSTEAD: I call dispatch, I fax the Sheriff's Office, I think, and update the burn ban hotline. COMMISSIONER WILLIAMS: Well, then there's a breakdown, Rusty, someplace. Because -- 12-3-07 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 SHERIFF HIERHOLZER: Well, I have not required -- COMMISSIONER WILLIAMS: -- first it goes off on the pager. SHERIFF HIERHOLZER: I have not required our dispatch to get ahold of the volunteer fire departments. I just -- you know, I mean, if they -- if they've got something going in that area and they're called out, fine, we'll let them know. But I haven't -- we don't dispatch for the fire departments anyhow. COMMISSIONER WILLIAMS: Well, they all have pagers. Can't you put out a page notice? SHERIFF HIERHOLZER: A page notice? COMMISSIONER WILLIAMS: They all have pagers. SHERIFF HIERHOLZER: All you can do, we -- that's all done through 911. All we do is, we can page them, period, to have them call in. COMMISSIONER LETZ: That brings up another issue. I was visiting with Bill Price about it, and he said that they probably receive more calls asking about it than anybody else, and they're not on the notification list. I mean, other than -- I mean, 'cause you -- I've never thought to call Bill Price or K.P.D. dispatch. They're the ones that are receiving the majority of the calls, and they don't know the answer, yes or no, without calling the number. I think I'm going to put it on the agenda for another reason next 12-3-07 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 64 time. I think we need to discuss it a little bit, and I think tweak some language on our web site. And I also want to talk about burning this winter for people with prescribed burns. So, anyway, it's going to be on the agenda to maybe think about it and go through a little bit different process. SHERIFF HIERHOLZER: If y'all want me to have a policy that if Jody faxes us or -- or calls us personally, and then I just adopt an internal policy that when my dispatchers are notified, they attempt to get ahold of each volunteer fire department and city of Kerrville, I can do that. I mean, that's not anything difficult. COMMISSIONER OEHLER: Most of them have pagers, or most of them even have radios -- SHERIFF HIERHOLZER: Yeah. COMMISSIONER OEHLER: -- that they're carrying. COMMISSIONER BALDWIN: Why couldn't we -- Jody has it set up in there to send agendas to a group of people. Why couldn't you set up a separate group of people that are -- that deal with this volunteer fire issue? That would include the Sheriff and me and fire chief of Ingram, and et cetera, et cetera, and so forth and so forth. And just send out the e-mail. COMMISSIONER OEHLER: We're getting off the agenda. COMMISSIONER LETZ: That's -- I'll put it on 12-3-07 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 65 SHERIFF HIERHOLZER: Every time Buster talks, Rex tries to shut you down. COMMISSIONER OEHLER: Buster's the one that started this. COMMISSIONER BALDWIN: No. COMMISSIONER WILLIAMS: No, I started it. This time I started it. SHERIFF HIERHOLZER: Put it on the agenda. COMMISSIONER BALDWIN: We can't do that. COMMISSIONER WILLIAMS: I lit the fire. COMMISSIONER LETZ: I think that's a good idea, I Buster. COMMISSIONER BALDWIN: Yeah, thank you. COMMISSIONER WILLIAMS: You'll set this up? Work with Jody. COMMISSIONER BALDWIN: He's putting it on the agenda. JUDGE TINLEY: And it hasn't been eight years since you've had a good idea? COMMISSIONER BALDWIN: It is not. I had a thought yesterday. SHERIFF HIERHOLZER: A thought. JUDGE TINLEY: Anything else? COMMISSIONER BALDWIN: Just one. JUDGE TINLEY: As Jon mentioned, we went to a 12-3-07 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 66 meeting of county officials down in Kendall County at Joshua Springs Park, I believe is the name of the place. COMMISSIONER LETZ: Park? Yeah, park, that's right. JUDGE TINLEY: Yeah. COMMISSIONER LETZ: I know the purchase price. Five. JUDGE TINLEY: Five million? COMMISSIONER LETZ: 12,000 an acre for that piece of property. JUDGE TINLEY: A little over 400 acres Kendall County bought. Nice park. Nice park. COMMISSIONER LETZ: Nice home. JUDGE TINLEY: Yeah. Sits up at the top of the hill. Those of you that drive out 10 to San Antonio, just to the west, the bottom of the hill, just before proceeding east, you go over the next hill, and at the bottom you make ~, the Welfare exit, you see the creek coming through there. That's it right there on the right. You look off high on a hill, there's this huge stone structure. That is the -- park headquarters? Meeting place? COMMISSIONER LETZ: Meeting place, I think. JUDGE TINLEY: All paved roads. COMMISSIONER WILLIAMS: Wow. JUDGE TINLEY: A couple of dams and creeks and 12-3-07 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 67 springs, and pretty nice park. I'm -- I wish Commissioner Williams could have been there so he could incorporate that into his thinking for our parks plan. COMMISSIONER WILLIAMS: Oh, yeah. JUDGE TINLEY: Gorgeous place. It really is a gorgeous place. SHERIFF HIERHOLZER: Is that on the right as you're going towards San Antonio? JUDGE TINLEY: Yes. COMMISSIONER BALDWIN: And Kendall County owns it? COMMISSIONER LETZ: Yeah, they bought it. JUDGE TINLEY: Kendall County purchased it. COMMISSIONER BALDWIN: From who? COMMISSIONER LETZ: The seller. COMMISSIONER BALDWIN: Seller. COMMISSIONER WILLIAMS: Who owned -- Letz, you didn't own that, did you? COMMISSIONER LETZ: No. COMMISSIONER OEHLER: Sounds like they took a bunch of property over on the tax rolls, to me. COMMISSIONER LETZ: I asked a Commissioner at the meeting what they paid for the property, and he said they have not disclosed it yet because they were still looking at acquiring additional property and didn't want to get the price out, and they would disclose the purchase price later. 12-3-07 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 Which I didn't argue with them. They -- but they said the asking price was six million for it, which comes out to about 14,5 an acre. I happened to ask my father-in-law that evening what the purchase price was, and he knew right what it was. It was five million. SHERIFF HIERHOLZER: What is the real purpose? COMMISSIONER LETZ: It's -- SHERIFF HIERHOLZER: Just to have a park? COMMISSIONER LETZ: They put a bond issue up before the voters three or four years ago, and it passed, to buy park land. And it was -- they spent the majority of their funds on this one piece of property, and it's a -- they're going to put in some recreational areas, hiking trails. JUDGE TINLEY: Going to put the ag and 4-H -- COMMISSIONER LETZ: Ag Barn. JUDGE TINLEY: -- operations there on the northwest portion of that property. COMMISSIONER LETZ: But by the time all is said and done, I suspect they're going to have invested in this property probably close to 6, 7 million, 8 million dollars, based on what they've said. COMMISSIONER BALDWIN: I've got a question. Of course, every time I ask one, I'm getting out of bounds, but ~, I'm going to ask it anyway. So, that was a three-county -- COMMISSIONER LETZ: Four. 12-3-07 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 69 COMMISSIONER BALDWIN: Five-county? COMMISSIONER LETZ: It was Hi11 Country counties. COMMISSIONER BALDWIN: Hill Country counties. And y'all were provided some food. Now, who paid for the food? Was it taxpayers' money? How do they do that? We can't do that here. But they do it down there. COMMISSIONER LETZ: We can't buy parks, either. COMMISSIONER WILLIAMS: Wasn't it sponsored by Hays County? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Well, the -- COMMISSIONER BALDWIN: Partner. JUDGE TINLEY: -- the Hays County Judge and Burnet County Judge, and there was one other that -- that initiated the meeting. It was -- the place was hosted by Kendall County; apparently, it was their facility, and the -- the luncheon was provided by a restaurant in Boerne that catered it, notwithstanding the fact that there was a gorgeous gourmet kitchen in this facility. It was quite nice. COMMISSIONER LETZ: Excellent. The food was very good. JUDGE TINLEY: Yeah. COMMISSIONER LETZ: We had jambalaya or something, and -- and clam chowder, and unbelievable cherry apple pie. JUDGE TINLEY: Mm-hmm. 12-3-07 ~o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Wow, you missed it, Commissioner. COMMISSIONER BALDWIN: All right, now. Yeah, I I missed it. JUDGE TINLEY: County Attorneys were invited. COMMISSIONER OEHLER: What a time to be hunting. I screwed up. COMMISSIONER LETZ: It was an interesting meeting, though. It was -- COMMISSIONER WILLIAMS: I was out kicking the tires of the juvenile detention facility. COMMISSIONER OEHLER: Yeah. COMMISSIONER BALDWIN: Are we a member of this group? COMMISSIONER LETZ: It's a very loose group at this point. I left after lunch. The Judge stayed. I'm not sure -- I think the plan was for them to meet on a somewhat regular basis. COMMISSIONER OEHLER: Was there a sign-up fee to attend this? JUDGE TINLEY: No. COMMISSIONER LETZ: It was hosted by -- COMMISSIONER BALDWIN: Do they expect Kerr County to host the meeting at some point? JUDGE TINLEY: Maybe eventually, we'll probably be 12-3-07 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 71 faced with that. The next one's going to be held in January in Burnet County. COMMISSIONER BALDWIN: When it comes our turn, are we going to, like, borrow Shelton's old place out here and -- JUDGE TINLEY: Probably, yeah. COMMISSIONER BALDWIN: -- play like it's ours? COMMISSIONER LETZ: We have to borrow something. It was -- I thought it was a good meeting. It was a good venue just to get around and meet and talk to other commissioners and judges, you know. To me, they're a little bit too control-oriented for me, but, you know, it's just my personal feeling. That's how most of them were going; they just want to -- it's -- my perception was that most of the commissioners and judges said they wanted to increase -- great increase -- greatly increase authority from the Legislature to act more like cities. That's what most of them felt; that sums it up. And I think that probably the Judge and I were probably the two least inclined to go down that road. COMMISSIONER BALDWIN: Well, that sounds like Hays and Kendall County. JUDGE TINLEY: Comal, Kendall, Hays, Blanco. COMMISSIONER LETZ: Gillespie. JUDGE TINLEY: Burnet. You know, you got those high growth, close to MSA counties. There wasn't much from 12-3-07 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 the south, were there? COMMISSIONER LETZ: You had -- COMMISSIONER WILLIAMS: Bandera, right? COMMISSIONER LETZ: Bandera, Gillespie, Kimble, Real. But, no, there was kind of -- no one went south of Bandera. JUDGE TINLEY: Edwards was there, by golly, yeah. Nick was there. COMMISSIONER OEHLER: Laws are different in the south. JUDGE TINLEY: Yeah. COMMISSIONER OEHLER: They already have all those controls. COMMISSIONER LETZ: It was an interesting meeting. They had a falconry demonstration at lunch. COMMISSIONER BALDWIN: I saw that. COMMISSIONER OEHLER: Real beneficial to county government. JUDGE TINLEY: Of course. COMMISSIONER BALDWIN: I wonder who paid for that. JUDGE TINLEY: They mentioned something about doing some private fundraising, Buster. I'm not sure what the particulars were. But -- COMMISSIONER OEHLER: They wanted you to be the treasurer. (Laughter.) 12-3-07 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 73 COMMISSIONER WILLIAMS: Didn't they -- didn't I read recently, Judge, where Kendall County put their economic development guy on a tighter leash in terms of having to seek Commissioners Court approvals for subdivisions that they might be promoting and things of that nature? Didn't I read that? JUDGE TINLEY: I saw something in the newspaper about some controls they were wanting to impose. I saw Dan Rogers the following day on Friday, and didn't get an opportunity to talk to him about that, 'cause I was running late to make another meeting over in Medina County. (Discussion off the record.) JUDGE TINLEY: Is that it, gentlemen? We'll be adjourned. (Commissioners Court adjourned at 10:35 a.m.) 12-3-07 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 STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 5th day of December, 2007. JANNETT PIEPER, Kerr County Clerk B Y . ~ _ __ _ Kathy anik, Deputy County Clerk Certified Shorthand Reporter 12-3-07 ORDER NO. 30637 2008 KERR COUNTY EMPLOYEES HEALTH INSURANCE BENEFITS PLAN Came to be heard this the 3rd day of December, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously approved by vote of 4-0-0 to: Approve of the health insurance program, and issue the Contract to FARA, with stop loss to Monumental Life, as proposed by our consultant, Gary Looney, in his letter to the Court dated December 3, 2007, with all other recommendations attached thereto. ORDER NO. 3 063 8 TCDRS RETIREMENT FUNDING Came to be heard this the 3rd day of December, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0: Make the election with TCDRS to go with 210% matching rate, as outlined on the proposed Plan 2 on the attachment that was handed out to the Court today.