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 29, 2007 9:30 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 JONATHAN LETZ, Commissioner Pct. 3 ABSENT: WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 BRUCE OEHLER, Commissioner Pct. 4 r O 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 October 29, 2007 1.5 Consider/discuss, take appropriate action on proposals for 2008 Kerr County Employee Health Benefits plan 1.6 Consider/discuss, take appropriate action to authorize issuance of new Request for Proposals for 2008 Kerr County Employee Health Benefits Plan and notice and publication of same, and establishing deadline(s) for responding to same 1.1 Consider/discuss, take appropriate action to appoint Evaluation Committee for responses to RFQ's for planning and design services for Hill Country Youth Exhibit Center; present Court with recommendation 1.2 Consider/discuss, take appropriate action to award contract to Neal and Neal Concrete for horse barn at Hill Country Youth Exhibit Center 1.3 Review and discussion on draft revisions of Kerr County Subdivision Rules and Regulations PAGE 3 13 18 19 1.7 Consider/discuss, take appropriate action to adopt a resolution, as requested by Dietert Center, for their Texas Department of Agriculture Home- Delivered Meal Grant Application 22 1.8 Consider/discuss, take appropriate action to consider responses to Request For Qualifications and engage outside audit firm to conduct FY 06/07 Kerr County audit 29 1.4 Consider/discuss, take appropriate action to appoint/engage outside firm to conduct FY 06/07 Kerr County audit 29 --- Adjourned 47 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, October 29, 2007, at 9:30 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's come to order for a special Commissioners Court meeting posted and scheduled for this date and time, Monday, October the 29th, 2007, at 9:30 a.m. It is just a bit past that time now. First off, because it is on the posted agenda, if there's any member of the public that wishes to be heard on any matter that is not a listed agenda item, feel free to come forward at this time. If you wish to be heard on an agenda item, we'd ask that you wait till that agenda item is called, but if you wish to be heard on any matter that is not a listed agenda item, please come forward at this time and tell us what's on your mind. Seeing no one coming forward, we will move on. Commissioner Baldwin, do you have any preliminary comments before we start the meeting? COMMISSIONER BALDWIN: No. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: No. JUDGE TINLEY: All right. Let's move quickly to Item 5; consider, discuss, and take appropriate action on 10-29-07 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 proposals for the 2008 Kerr County employee health benefits plan. As the Court recalls, there were a number of proposals submitted to us that appeared to be competitive. An issue was raised as to the propriety or not of the -- of the notice for those proposals that was issued by virtue of a reference to the Government Code -- Local Government Code that referred to municipalities rather than -- rather than county governments. I believe that's correct, isn't it, Mr. County Attorney? MR. EMERSON: Yes, Your Honor. JUDGE TINLEY: And because of that, there was a concern about the -- the propriety and legality of that particular notice. But before us today are those proposals that have been submitted for the 2008 Kerr County Employee Health Benefits Plan. What action does the Court desire to take at this time? COMMISSIONER LETZ: Judge, I have a -- I guess a question, and then I'll be glad to make a motion. Based on the County Attorney's letter we received on the 24th, the other issues -- well, first, Rex, is that the only reason that you found in your research, was the municipal code/ county code discrepancy? MR. EMERSON: No, there's actually a couple of problems with this -- this issuance of RFP. The first one would relate to statute 262.025, which is notice. The 10-29-07 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 5 with the first publication to occur before the 14th day before date of bid opening. I don't have my notes in front of me on that, but I know the first publication was on or about August 5th. I don't think the bids were set to close till September 4th or 5th, somewhere around there. And, in fact, what happened was the notice was published one time on ', August 5th, and that was it. It was never published again COMMISSIONER LETZ: Okay. MR. EMERSON: The second problem, as you've already the proper procedures. The third problem that 1 ~ouna was that the RFP, pursuant to -- let me get the right statute here -- pursuant to 262.030, has certain requirements that are supposed to be in the RFP, and nowhere in there did I find that the evaluation criteria that would be used for evaluating the RFP was actually posted. There was one sentence in there that said, "Call me if you want to know what I'm evaluating on." I'm not sure that fits the statutory requirements, and I couldn't find any A.G. opinions that clarified it. COMMISSIONER LETZ: Okay. MR. EMERSON: Mr. Looney may be able to clarify 10-29-07 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 that, but it's really a notice issue. In addition to that, there was some allegation, I think, that the -- the original seven-party chart that was provided by Mr. Looney to y'all in the workshop that was not marked with specific providers was distributed to at least one or more insurance companies in total, instead of being isolated. I can't really comment on that, except that I -- I've done a rather extensive I investigation at the courthouse and talked to everybody that had access to that chart, and if it was distributed to all the parties, it did not come from here, to the best of my knowledge. So, I'm not sure where the breakdown in communication occurred there, but the confidentiality was not breached at our end. I know Entrust was concerned that that chart was presented in a public forum and was subject to Open Records, but I don't think that's an issue, because the Public Information Act specifically provides for the County to withhold information that could affect competitive -- fair and competitive bidding. So, if somebody would have asked us for that, we could have withheld it based on that exception ~ anyway. COMMISSIONER LETZ: But the -- MR. EMERSON: But that's all the problems. COMMISSIONER LETZ: But if it got out, was -- is that a problem? MR. EMERSON: I think it could be interpreted by 10-29-07 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 one party or another as to affecting, you know, fair and competitive bidding processes, yeah. COMMISSIONER LETZ: Because I'm pretty certain it got out. I don't know how it got out, but I know it got out. COMMISSIONER BALDWIN: Rex, what about this -- this letter that I was just handed from the Legislative Council? I see that you have a carbon copy -- or -- yeah. MR. EMERSON: I did get a copy of it, and it basically reflects what I just told you, is that those statutes have to be adhered to in the interest of fair and competitive bidding. COMMISSIONER BALDWIN: Let me ask my boy-dummy question of the year. Does that mean that insurance should be treated in the bidding process exactly the same as a tractor? MR. EMERSON: No, insurance has its own exceptions. COMMISSIONER BALDWIN: Okay, very good. Thank you. MR. EMERSON: For that matter, if you want to get down to it, tractors and road equipment have their own exceptions, too. COMMISSIONER BALDWIN: Well, of course they do. Leonard's in the audience, and I just -- you know, we have to give him fair play, too. MR. EMERSON: May I comment on one more thing, too? COMMISSIONER LETZ: Certainly. 10-29-07 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 MR. EMERSON: There was some concern at the last meeting about Mr. Looney talking -- going back and talking to the bidders prior to acceptance of a bid, and the Code does specifically allow for Mr. Looney to do that in the interest of obtaining the -- the best and final offer from each -- each bidder. And then, after that point, when Commissioners Court accepts one or the other of the bids, there are allowances in the Code for Mr. Looney to go back and negotiate a final deal, so long as it doesn't substantially change the whole offer. COMMISSIONER BALDWIN: Do you know what, though? I mean, I know that's a common practice and the law provides for that and all that, but how -- how damn dumb can we be to allow that kind of stuff to happen? MR. EMERSON: I don't know -- COMMISSIONER BALDWIN: Give us your first -- your best bid first, right out of the chute, and let's get on down the road and take care of business of the taxpayers, instead of all this pattycake and hand-holding and the ability to cheat, you know, and all those things. I mean, I think that's just nuts. Welcome to government. MR. EMERSON: I can't disagree with you, but in theory, from what I was able to find out, it's done because of various terminology and wording adaptations in insurance contracts, and it's done so that whoever the consultant is 10-29-07 9 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 can clarify the offers. COMMISSIONER LETZ: I guess -- let me read the agenda item, see if I can ask my next question. I guess I can. I think -- of course, Rex, I'm sure, will tell me if I can't. One of the concerns that I had early on, and I think I've asked this way before these issues came up, was the issue of all of the bids, I think, even the one that raised the issues, came in through Don Wallace, and I don't understand how that -- was that the nature of the market? Does that -- or do we require that? MR. EMERSON: I think you need to ask Mr. Looney that, because I'm not an insurance expert. COMMISSIONER LETZ: Because it seems weird to me that that would be the case, that -- that eight companies would find a company in Seguin and decide to submit their bids through the company in Seguin. MR. LOONEY: It's public offering information. That's why it's advertised in the public. I was surprised we only got one agent bidding on it also, but it's -- it's a public offering. It's advertised in the paper. It's posted. Any agent that has the qualifications and license to do so can bid on the contract. COMMISSIONER LETZ: All right. I guess to move us on down the road so we can get on with it, I'll make a motion, based on the County Attorney's recommendation, that 10-29-07 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 we reject all bids and reissue the RFP, with the appropriate notice requirements and other requirements as stated by the County Attorney. JUDGE TINLEY: The reissue -- COMMISSIONER LETZ: By state law. JUDGE TINLEY: The reissuance is, I believe, a separate agenda item, or at least that's the way it's couched. COMMISSIONER LETZ: So, this is just -- JUDGE TINLEY: Yeah, just the action on the existing bids. COMMISSIONER LETZ: -- to reject all bids. MR. LOONEY: May I ask for clarification? JUDGE TINLEY: Just a moment, let's see where that goes. I have a motion. Do I have a second? COMMISSIONER BALDWIN: What was the motion? COMMISSIONER LETZ: To reject all bids. JUDGE TINLEY: To reject all bids -- present bids on propo sals on the 200 8 employee health benefits plan. COMMISSIONER BALDWIN: I'm going to second that, just to get us down the road. JUDGE TINLEY: All right. We have a motion and second. Any question or discussion? MR. LOONEY: The assumption is that we're going to take all of the current bids that we have and destroy those 10-29-07 11 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 so that there's not any -- any information available to those previous bids? COMMISSIONER LETZ: I would -- I guess. JUDGE TINLEY: I think that would necessarily follow, wouldn't it? MR. LOONEY: I think it's a rebid. We're assuming that the bid is officially closed in that circumstance, and those bids would not be open to public inspection. MS. HYDE: I've got two sets -- COMMISSIONER LETZ: That's an issue of public information and public records. MR. EMERSON: That's Public Information Act, and I'm not sure you can take old bids and destroy them. Must retain all records. MR. LOONEY: So we need to retain one copy of those previous quotations? COMMISSIONER LETZ: All records? MR. EMERSON: All documents, period, associated with that. Evaluation documents and everything. MR. LOONEY: Just making sure. MS. HYDE: But they can box them up and just put reject -- "rejected bids," correct? MR. EMERSON: Yes. COMMISSIONER LETZ: Yes. JUDGE TINLEY: Any other questions or discussion on 10-29-07 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 the motion? COMMISSIONER BALDWIN: I think that if I were doing this thing, I would tell them I want your best -- best shot right up front. Give us your best shot. What's your best deal you're going to do? JUDGE TINLEY: Well, for brevity's sake, I would hope that's what they do, but statutory procedure and process prescribes otherwise, Commissioner. That's just the way it is. COMMISSIONER BALDWIN: What I'm hearing you say is that a lawyer has been ahold of this thing somewhere. (Laughter.) JUDGE TINLEY: The Legislature has been ahold of this thing. COMMISSIONER BALDWIN: Which are 95 percent lawyers. JUDGE TINLEY: Well, I don't know about 95 percent, but there's a number of those guys over there, Commissioner. MR. LOONEY: Commissioner, remember, it's in the best interest of the taxpayers to get the very lowest number that we can generate. COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. 10-29-07 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 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll now go to the next agenda item; consider, discuss, and take appropriate action to authorize issuance of new Request for Proposals for 2008 Kerr County employee health benefits plan, and notice and publication of same, and establish deadline for responding to the same. COMMISSIONER LETZ: It seems to me that, based on some of the -- two comments I have. On the comments that the County Attorney made, I think we need to make -- I'd like to know, and I think it needs to be real clear in the notice what your -- what their evaluation criteria are. That's one of the issues that I think has come up, is exactly how you are going to evaluate them. I'm like Buster; I'm a little -- I know the law allows you to talk to them, but, boy, that seems peculiar to me. I mean, to me, the process should be you look -- you know, you or whoever is hired to look at them looks at the proposals, comes back with -- tells us what you think the best deal is, and then at that point, you talk to them, to that one that you think is the best person. I mean, it seems -- it just seems kind of convoluted to me for you to be negotiating with everyone that puts in a bid, so what's the point of putting in a bid? 10-29-07 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 MR. LOONEY: Could I comment? COMMISSIONER LETZ: Please. MR. LOONEY: Well, the process, unfortunately, is that every -- every one of the bidders has a different definition for the services that they render under kind of a general category. COMMISSIONER LETZ: Mm-hmm. MR. LOONEY: So, in discussion with them, the primary reason is to make sure that they're clear on what the services are that are going to be rendered under that specific category. So, to use a generic term like "administration," well, what's included in administration? So, part of the discussion is to be sure that whatever this definition is, is something that I've got clear, so that -- trying to do as equivalent a comparison as possible in that process. COMMISSIONER LETZ: So, your discussions don't include negotiating price based on -- you're talking about -- MR. LOONEY: Well, some of it -- some of it has to do with price, because price identifies the service. So, what's included in that price? COMMISSIONER LETZ: Right, but not just to say, "Well, you need to lower your price." MR. LOONEY: I never tell anybody where they are as far as the process is concerned, as far as, okay, you need to 10-29-07 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 do this or you need to do that. I get calls all the time saying, "What do we need to do to write this business?" And the answer is, "You need to offer your best price." You know, that's the standard answer. COMMISSIONER LETZ: Okay. MR. LOONEY: But the regulation does say that once you've selected a carrier, that we still have the ability to go back and change some of those numbers in relationship, as long as it doesn't, you know, greatly impact the cost of the price of the -- of the contract. COMMISSIONER LETZ: Okay. My other question goes back -- and this is something that you brought up, I think, at our -- probably every time you've been up here this year, is that we're doing this process earlier than usual, which means that we have -- or the people submitting bids have less information, and that we also have some potentially large claims that are in the mill process. When we get the proposals back, they're going to be -- is it going to be the proposal, or is it going to be still, "We're waiting to see still on claims"? MR. LOONEY: No, part of the -- you're right. Part of the problem by going out early is the fact that many of them retain the right to have information based on the claims up until a certain point in time. We do have to -- now that we're getting later in the year, we're going to have the 10-29-07 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 process hopefully to have enough information to them so that all the bids now are the final bid number, so that there won't be any potential for adjustment. But when they were 90 days to 120 days out, then we've got that time frame between then and the end of the year that the underwriters all like to have their Kentucky windage, you know, so we don't know where we're going to be at this point. But -- so we renew, and in the bid request and -- all the bid requests, there was a request for tentative position statements on certain employees. There's three employees that there's a need for additional information, and we're in the process of obtaining that information. But most of the bids say that they needed it 60 days out to firm up their final numbers, so now we're going to be at that time frame. COMMISSIONER LETZ: We'll be within that 60 days, so they should be firm? MR. LOONEY: We should have the final numbers. COMMISSIONER LETZ: Okay. I'll make a motion that we authorize the issuance of a new RFP for 2008 Kerr County employee health benefits plan, and notice and publication of same. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: We have a motion and a second. Commissioner, there are certain time requirements that are required; a minimum of 14 days, which would put us in a 10-29-07 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 position of putting a deadline on these proposals at 11 a.m. local time on November the 13th of this year. Do you wish to include that deadline in your motion? COMMISSIONER LETZ: Question. The County Attorney has sign-languaged that that deadline's 15 days. MR. EMERSON: Needs to be at least 15, because the notice says the first one has to be published no less than 14. JUDGE TINLEY: 15-day intervening time, so a 14-day intervening time would cover that, and the 13th would make that permissible. MR. LOONEY: Judge, you may want to make -- the public notice, the earliest they can go out is tomorrow, the public notice in the newspaper, so it will have to be 15 days past that date, which I think it would be November the 16th, or 15th. Judge, work with Rex to make sure we got that timing correct as far as the public notice is concerned. COMMISSIONER LETZ: My motion includes that the -- the timing be as soon as possible, but following state law bidding requirements. JUDGE TINLEY: Okay. MR. LOONEY: As soon as possible. JUDGE TINLEY: Did I hear a second from you? COMMISSIONER BALDWIN: Yes, sir, I seconded it. JUDGE TINLEY: We have a motion and a second. Any 10-29-07 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 further discussion or questions on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's now go to -- COMMISSIONER BALDWIN: Luckenbach. JUDGE TINLEY: Good plan. Good plan. Let's go back to Item 1. Consider, discuss, and take appropriate action to appoint an evaluation committee for responses to the RFQ's for planning and design services for the Hill Country Youth Exhibit Center, and presentation to the Court with a recommendation. Commissioner Letz? COMMISSIONER LETZ: I put this on the agenda, and I discussed this with Bruce prior to him leaving town. The RFQ's that we submitted referred -- said the proposals would be evaluated by an evaluation committee that would be appointed by the Commissioners Court, so that we can have -- Bruce and I can come to the Court, hopefully at our next meeting, with a recommendation. That's why I put it on the agenda now. Bruce and my feeling is that we agree that the -- he, myself, and Roy Walston should be the actual committee members, and then we would -- we'll solicit input from i Maintenance, you know, possibly the Auditor, you know, other 10-29-07 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 entities, other departments in the county, but the three of us would be on the committee. I make a motion to that effect. COMMISSIONER BALDWIN: And I'l1 second it. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion? COMMISSIONER BALDWIN: So, you have Number 3, Number 4, and Roy Walston is the primary committee, and you will add those other folks as needed? COMMISSIONER LETZ: Definitely Maintenance will be involved in that because of their -- and the Auditor and some of the others. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: Any other question or discussion? All in favor of the motion, signify by raising your right I hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to Item 2; consider, discuss, and take appropriate action to award a contract to Neal and Neal Concrete for the horse barn at Hill Country Youth Exhibit Center. The bid for that particular work was opened at a prior meeting. It was the only bid received. As I recall, it was 25 thousand, 10-29-07 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 2 hundred and -- COMMISSIONER LETZ: Sixty. JUDGE TINLEY: -- 60 dollars. That was the only lawful bid submitted for that work. COMMISSIONER LETZ: I move we award the bid to Neal and Neal Concrete. ~ COMMISSIONER BALDWIN: I'll second, but I've got a question. JUDGE TINLEY: Motion made and seconded. Question or discussion? COMMISSIONER BALDWIN: In this note from Cheryl to Jody, it has a different figure. COMMISSIONER LETZ: I thought it was 25,360. Is that the figure? COMMISSIONER BALDWIN: That's the figure that's in this note. But -- COMMISSIONER LETZ: He said 260, I think. JUDGE TINLEY: I did say 260. Was it 360? COMMISSIONER LETZ: 360. COMMISSIONER BALDWIN: It says 360 here. JUDGE TINLEY: Okay. I'm speaking from recollection, so that's probably right. COMMISSIONER BALDWIN: I will second the motion ', with the figure of $25,360. JUDGE TINLEY: All right. I have a motion and 10-29-07 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 second. Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 3; review and discussion on the draft revisions of the Kerr County Subdivision Rules and Regulations. COMMISSIONER LETZ: Judge, I think I'm going to pass on that. I -- when I put it on the agenda, I thought we '~ may want to talk about it, but I really think we really need the full Court here for that discussion. JUDGE TINLEY: Okay. COMMISSIONER LETZ: And it'll be on our next agenda, either as a workshop item or as an agenda item. JUDGE TINLEY: All right. We'll go to Item 4, which was consider, discuss, and take appropriate action to appoint/engage outside firm to conduct FY '06-'07 Kerr County audit. That is a companion item that we have to Item 1.8 at 10:05. What's the Court's pleasure insofar as -- COMMISSIONER LETZ: I'd rather do both at one time. I don't understand why they have two different ones. JUDGE TINLEY: Okay. All right. COMMISSIONER BALDWIN: I'd rather go to Buzzie's. JUDGE TINLEY: Okay, we'll go to Buzzie's for about 10-29-07 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 5 minutes, and we'll come back at 10 o'clock. We'll be in recess till 10 o'clock. (Discussion off the record.) JUDGE TINLEY: Okay,-we're ready to go. We've got action to adopt a resolution as requested by Dietert Center for their Texas Department of Agriculture Home Delivery Meal received copies of these. COMMISSIONER BALDWIN: Thank you. MS. WOODS: Thank y'all so much for helping me with this grant application. We learned earlier this year that the Department of Agriculture was putting together a grant program to help different home-delivered meal providers pay for some of the meals that they provide that are unfunded. Basically, we receive our money through the Alamo Area Agency on Aging, but that doesn't fund our complete meals that we provide on the home-delivery basis. So, Department of Agriculture has decided that they would assist agencies like ours to offset some of the expense of providing these meals. One of the points on the grant application was that it requires a resolution from the county where the agency provides those meals certifying, number one, that you do 10-29-07 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 provide these meals. Number two, an agency has to already receive a grant from their county supporting the effort that they're doing, which y'all have been very gracious to support this effort for many, many years. And the third part of the resolution is that the county has to approve of the agency's with the county is that we provide a copy of our audited financials annually when we apply for our grant funds or our contract funds, but I didn't know if y'all realized what we Department of Agriculture's grant coordinator, that's what they mean by that section of the resolution, that y'all are comfortable that not only are we providing the meals, but there's an oversight body that verifies that we are delivering "X" number of meals, and they're going to eligible clients. For a client to be eligible for home-delivered meals, there's an eight-page form that we fill out. We go to their home and do an in-home assessment of their meals, and then that's checked by AACOG. And this is the monthly invoice that we provide to AACOG, and the documentation with rosters and information and sign-in sheets, et cetera. So, they also do an on-site monitoring of us on an annual basis to make sure that we're following all the Texas Administrative Code rules to receive our funding. So, I am 10-29-07 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 essentially here today to ask you if you would approve this resolution. This could mean essentially a grant as high as $14,777 for our agency, because those are the number of meals we provided last year that we didn't receive any sort of government funding. So, I think the Department of Agriculture is going to see who all applies, and then they'll prorate the amounts, but that could be a significant bit of income for us to help with our meals program. JUDGE TINLEY: Is that the number of meals you provided last year? MS. WOODS: Those were the unfunded meals we provided. JUDGE TINLEY: Okay. MS. WOODS: 51,070-something meals. Some agencies will stop; they will only provide the meals that they receive funding for and create a waiting list. We've never done that at Dietert. We really don't feel that's appropriate. And we've been blessed with other donations, and worked very hard to raise the difference that we need to be able to provide those meals. But there are some agencies that strictly will cut off folks when they've reached their max that they receive government funding for. We do request donations for the meals we provide. That's part of our requirement for us to receive the funding. Our average donation for a home-delivered meal last year was about a dollar and 41 10-29-07 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 cents. Our actual cost is over $5 to produce that meal, so there's still quite a chunk that we need to make up annually. So, this grant would help us tremendously. JUDGE TINLEY: How many years have you had that program going now? MS. WOODS: Well, I've been at the center five years, and I've heard that we had even a modest Meals on Wheels program when the center was founded in 1969. I know they were prepared by volunteers, and they're still delivered by volunteers. We're at over 200 meals a day now, Monday through Friday, so I would think easily since probably the early '70's, the Meals on Wheels program has been in Kerr County because of the Dietert Center. Which is very impressive, I think. COMMISSIONER BALDWIN: That's fantastic. COMMISSIONER LETZ: Fantastic service. COMMISSIONER BALDWIN: Is this the resolution? JUDGE TINLEY: No, I have the resolution here. MS. WOODS: I think it's the same thing, Judge. JUDGE TINLEY: Yeah. It's -- COMMISSIONER BALDWIN: But it has Kerr? JUDGE TINLEY: -- the same as -- COMMISSIONER BALDWIN: It has Kerr County in it? JUDGE TINLEY: Yeah, it really does. COMMISSIONER BALDWIN: This one didn't. 10-29-07 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 JUDGE TINLEY: Well -- COMMISSIONER BALDWIN: I move for approval. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and second for approval of the resolution. Further question or discussion? COMMISSIONER LETZ: And authorize County Judge to sign same as part of that, I presume, Commissioner? COMMISSIONER BALDWIN: Yeah. Is that -- it just has one signature? JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: Okay, yes. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you, Ms. Woods. We appreciate you. MS. WOODS: Thank y'all very much. COMMISSIONER BALDWIN: Tina, I have been trying to get the Court to have lunch at the Dietert Center for years. MS. WOODS: Oh. COMMISSIONER BALDWIN: And I can't get them to agree whether the sun is shining or not. But how do -- what 10-29-07 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 MS. WOODS: Just call me. COMMISSIONER BALDWIN: Well -- JUDGE TINLEY: Show up. SHERIFF HIERHOLZER: Quit talking about Buzzie's. COMMISSIONER BALDWIN: Huh? SHERIFF HIERHOLZER: Quit talking about Buzzie's. COMMISSIONER BALDWIN: There's got to be a way to do this thing. I mean, seriously. MS. WOODS: Oh, sure. COMMISSIONER BALDWIN: I've pulled guns in here. MS. WOODS: Oh, my. SHERIFF HIERHOLZER: Better not have. MS. WOODS: We would love to have y'all, together or separately, to come. And, certainly -- COMMISSIONER LETZ: We've been there. Not the new center; we've been to the other center when you were over across the creek. JUDGE TINLEY: Neat, neat place, the new one. COMMISSIONER BALDWIN: Jody, they're inviting us, the Commissioners Court, to have lunch over at the Dietert Center. Would you help me get these guys over there? MS. GRINSTEAD: Pick a date. COMMISSIONER BALDWIN: Commissioners Court meeting day. Break for lunch and go over there -- 10-29-07 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: Mm-hmm. COMMISSIONER BALDWIN: -- and eat. COMMISSIONER LETZ: How about November -- MS. WOODS: I'll bring you our menu so you can pick the menu day that you like. COMMISSIONER BALDWIN: Oh, there it is. There's the answer. COMMISSIONER LETZ: November 8th? 12th? November 12th would be a good day. MS. GRINSTEAD: 13th. THE CLERK: 12th is the holiday. COMMISSIONER BALDWIN: November the 13th would be a good day, sayeth Number 3. MS. WOODS: Sure. COMMISSIONER BALDWIN: That's Old Testament talk, "sayeth." Okay, November 13th? Are we kind of moving in that direction? November 13th. MS. WOODS: I can't believe this week is November. Thank you all so much, and thank you for your support of the center and what we're doing. It means more than you can possibly imagine. It really does. And we'll see you on November 13th. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Would you get a memo out to the Commissioners Court that we're having lunch at the 10-29-07 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 I Dietert Center? you. MS. GRINSTEAD: I will. I won't be here to remind COMMISSIONER BALDWIN: By order of Mr. Dietert. MS. WOODS: His birthday is tomorrow. COMMISSIONER BALDWIN: See? We could have done it JUDGE TINLEY: Yeah. If you'd been on top of it, we'd have known that. COMMISSIONER BALDWIN: Yeah, absolutely. JUDGE TINLEY: So, there you go. COMMISSIONER BALDWIN: Sorry. JUDGE TINLEY: Okay. We've got two very similar agenda items; let me call them together. Consider, discuss, and take appropriate action to appoint or engage outside firm to conduct FY '06-'07 Kerr County audit. Second is consider, discuss, and take appropriate action to consider responses to Request for Qualifications and engage outside audit firm to conduct FY '06-'07 Kerr County audit, the latter agenda item being posted for 10:05 a.m. today. And, of course, it's after that time now. I think initially we have some of Requests for Qualifications that Ms. Hargis has furnished to us. I will open those now. She brought me a pair of scissors; I hope I don't hurt myself. There was your opportunity, Commissioner. 10-29-07 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 BALDWIN: I know it. MS. HARGIS: That's what I brought the scissors for, is that one. Did you get it? JUDGE TINLEY: I ought to give that to Jon. He's always done a good job of tearing into this stuff. COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Okay. The first proposal appears to be from Neffendorf, Knopp, -- COMMISSIONER BALDWIN: Let's see, where could they I be f rom? JUDGE TINLEY: -- Horry and Doss in Fredericksburg. COMMISSIONER BALDWIN: Oh. JUDGE TINLEY: No Crenwelges or Kleins. COMMISSIONER BALDWIN: For once. Or Hierholzers. JUDGE TINLEY: There's multiple copies. The -- MS. HARGIS: I think. it's in that little black one that you had. JUDGE TINLEY: Say again? MS. HARGIS: Maybe it's in that little black -- didn't have you a little black folder that came in there? JUDGE TINLEY: Haven't yet. MS. HARGIS: Okay. Maybe I just -- I ', COMMISSIONER LETZ: There's the other one. What are you looking for, the original? JUDGE TINLEY: No, we got them here. 10-29-07 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 MS. HARGIS: You got them, okay. JUDGE TINLEY: We have a proposal that is round, ', another showing the estimated cost of audit, maximum -- all-inclusive maximum price of $30,000. I've not looked to see if that includes some of the single audits that we're required to do. MS. HARGIS: It was in there. JUDGE TINLEY: I suspect it probably does. Didn't the RFP request that? MS. HARGIS: Yes. JUDGE TINLEY: Okay. The second proposal is from Null-Lairson, CPAs in Houston, with the estimated fees section providing that the cost for this year -- estimated fees would be $48,500. COMMISSIONER LETZ: Judge, I move we accept both proposals and refer them to the Auditor for review and recommendation. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded as indicated. Further question or discussion? COMMISSIONER LETZ: Question. How long will the evaluation take of these? I mean, should we recess today and come back after lunch? 'Cause I -- MS. HARGIS: Yeah, 'cause we really need to award 25 I it. 10-29-07 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 32 COMMISSIONER LETZ: Okay. JUDGE TINLEY: Good question, Commissioner. MS. HARGIS: I just need to see if they both cover what I need for this year, and if they do, then it's kind of obvious which one. COMMISSIONER LETZ: Right. Okay. JUDGE TINLEY: Okay. MS. HARGIS: Or I can go do it with Tommy right now, if y'all can wait a few minutes. JUDGE TINLEY: Any other question or discussion on that 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. Looking at the agendas that are posted, there are no other items to be considered. Do we have any reports from the Commissioners in connection with their liaison or committee assignments? COMMISSIONER LETZ: I've had a -- I don't hear any from Number 1 down there. The -- for everyone's information, Bill and I had lunch the other day with the current president of the Airport Board. Just kind of -- and I believe he actually met with the Judge recently as well, just really trying to find what the -- where the County wants them to go 10-29-07 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 in the interim period more than anything else. And I took the opportunity to -- I think Bill did too, to give our opinion on that, and also give our opinion on a few other things related to the management of the airport in recent periods. One of the -- it was -- it's just a matter of -- I think that the City has not done the bang-up job that they report to have -- or keep saying they have done, and I pointed quite a few specific details out to Mr. Bobertz, and ~I I think he concurred. But -- and I'm looking forward to, you know, getting the report from the consultant and moving on down the road and how we're going to do that. Also, I saw ii Rex sent in the request to the Attorney General, so I !, think -- you know, I don't -- I have no idea; I presume that will take a month or so at a minimum? ',, JUDGE TINLEY: Six months, yeah. COMMISSIONER LETZ: Six months? COMMISSIONER LETZ: Can you expedite this? Don't we have some connections? ', MR. EMERSON: By statute, they have six months to answer the response, and they've been running from five to six months. COMMISSIONER LETZ: Well, that's good to know. Anyway, but I think that we need to -- well, we will know in the coming months; I think we'll be revisiting this whole issue with the City as to what we're going to do. I know the 10-29-07 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 25 Airport Board is very uncomfortable with the current setup of having only three board members, because it prohibits them from communicating at all on airport matters without violating Open Meetings, and that's -- which makes it very difficult for them to operate, you know. JUDGE TINLEY: That was the discussion I had with Mr. Bobertz. They're not uncomfortable about conducting the business; they're just uncomfortable with the situation they're in. It really makes it impossible for them to really have a meaningful discussion about -- COMMISSIONER LETZ: Anything. ii JUDGE TINLEY: -- any of the business at hand. COMMISSIONER LETZ: For example, they wanted to -- they -- one of the board members wanted to go visit with TexDOT about some Highway 27 issues, and only one board member could go. They really wanted to have more, just to get -- you know, to hear it, and they couldn't do it. Just because of the -- it required two separate trips to Austin to talk about the same topic, which, obviously, TexDOT wasn't real keen on doing. So, anyway, it's just -- it's caused some difficulty from a management standpoint out there. And it's also -- the interim period has made it difficult with the Airport Manager and that situation, 'cause that's also an interim position, so it's a -- the whole situation is not good the way it is, though it is continuing to function in a 10-29-07 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 good manner, I think. That's the only comment I have. JUDGE TINLEY: Any reports from elected officials? SHERIFF HIERHOLZER: While we're waiting for her, just one. JUDGE TINLEY: Well, there's not a requirement that you fill this time, Sheriff. SHERIFF HIERHOLZER: No, this is something I've ~, been thinking about for a long time that we need to start looking at seriously, and I had mentioned it to Commissioner Letz a while back. It may very well be time that we seriously start looking at a committee on long-range plans for your jail building and facilities out there, because of crowding situations, housing of females, where we're going to go, so it doesn't kind of hit us in the face all at once. We're over our recommended population. We have been pretty well all year. We're down to really being over on the female population, and if you went by the jail analysis that the Jail Commission did for us in 2005, in 2007 they even recommended we have 240 beds, which we haven't taken any action on that. And we -- we've slacked off some during, you know, different times of the month, so I haven't pushed it. But I think if you really want to look long-range, we need to seriously put together a committee and start looking at that facility and start doing some research on exactly where we have been, where we are today, and where the Court may start 10-29-07 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 making future plans of where we need to go, because I don't see it getting any better. I just see it constantly getting more and more, and it's going to hit us in the face one time where we do like we had to do back in the '80's or '90's before the place was built, and house inmates out of county. And that, to me, is just way too expensive to look at doing. COMMISSIONER BALDWIN: Rusty, I have two questions about that. Just on face value, what you're saying, I agree 'I with you, but I have two questions before I can make any ~, decision. Are the District Courts doing everything they can ', to alleviate the problem? And don't answer that. I don't ~ think it would be smart to answer that right now. '~I SHERIFF HIERHOLZER: I'll answer it. COMMISSIONER BALDWIN: Well -- SHERIFF HIERHOLZER: But those are things -- those are all the issues. That's a -- COMMISSIONER BALDWIN: Yeah. SHERIFF HIERHOLZER: That's a very good issue that whatever committee is appointed, -- COMMISSIONER BALDWIN: Yeah. SHERIFF HIERHOLZER: -- I think that is a point that seriously needs to be looked at. COMMISSIONER BALDWIN: Absolutely. And in a much broader sense than you and I can cover here today. SHERIFF HIERHOLZER: Right. I don't think we ought 10-29-07 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 to just be looking at adding more building and adding more -- COMMISSIONER BALDWIN: Let me get to question two. The next question would be -- and, seriously -- seriously, sit down and have a visit about tent city. I know that's a funny -- I know it's a ha-ha, but I still want to have that visit. And I know -- you know, we haven't heard from the new director, Adan, about that. But the former jail -- what do you call those guys? SHERIFF HIERHOLZER: Commission. COMMISSIONER BALDWIN: Commission. SHERIFF HIERHOLZER: Directors. Executive Director. COMMISSIONER BALDWIN: Director guy. His -- his comments -- I had several visits with him about it, and his comment was that the drawback is -- is that you have state rules that say you have to climate control -- temperature control. And it's hard to do in a tent. That's the issue. But we haven't heard that from the new guy. SHERIFF HIERHOLZER: Well, they actually have, and that can be talked about. I think the committee, if this Court wants to appoint one, needs to look at every single aspect of inmate housing. COMMISSIONER BALDWIN: Including tent city? SHERIFF HIERHOLZER: Including tent city. Because there are written rules about what you can and can't do with 10-29-07 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 tents, and the Legislature this year changed some of those, but I think by the time you build what would legally pass and be accepted by the Jail Commission, you -- you wouldn't build -- COMMISSIONER LETZ: I think you probably need to put this on as a workshop item or an agenda item so we can discuss it. I mean, I think we're going more into a discussion period, which I don't think Rex -- SHERIFF HIERHOLZER: Right. I don't want to -- it's more of a report, but it needs to do something. Rex always likes to get up and hit me. But she's back, so I ... JUDGE TINLEY: I'm with you on the tent city issue. I've been there a long time, as you well know. The other issue that I think needs to be looked at in connection with it is they got space to grow a pretty nice garden out there. COMMISSIONER BALDWIN: Absolutely. JUDGE TINLEY: And make that operation more self-sufficient, and I think from a diet standpoint, be much superior than what they can get outside the four walls there. SHERIFF HIERHOLZER: I would -- COMMISSIONER LETZ: We were actually trying to go there when we were promised some fencing from the airport, and it disappeared on us. SHERIFF HIERHOLZER: Right. I'd recommend that be -- I think we really need to look at being more 10-29-07 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 self-sufficient, more thinking outside the box, creative ways of handling our inmate population, and -- and, of course, we do have residential areas right around there; you have to be really concerned with security, and new ones fixing to break down and be built right across the street. But I think there's -- we need to open it up and look at everything that we can do to keep from having to build, but see where we're at. COMMISSIONER LETZ: I agree, all those topics. JUDGE TINLEY: Okay. Let's go back to the two RFQ's on the -- on the FY '06-'07 Kerr County outside audit. Ms. Hargis, what do you have for us? MS. HARGIS: In analyzing the cost estimates on both firms, I would recommend the Neffendorf, Knopp, Horry and Doss. They basically bid 350 hours, as opposed to Null-Lairson bid 425 hours. Hourly fee amounts to about 110 collectively. The other firm is 114. There's also, like, $4,000 worth of travel time and lodging, where they have $600. So, I think for this year -- I'm familiar with Null-Lairson; I've worked with them for years, but I'm not familiar with this other firm, and the cost differential is too great for me not to recommend that you take this one. And rather than give him a three-year, I would just like to give him a one-year, and let's see how they do, and then rebid in the spring. Because I think we'll have more 10-29-07 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 opportunity to get -- this firm did it as a favor, and they're already booked up, so I figured the cost might go a little high, but it's just too high. JUDGE TINLEY: So, your recommendation is the Neffendorf firm? MS. HARGIS: Yes. COMMISSIONER LETZ: I'll make a motion we accept the recommendation of the Auditor and approve -- what are we doing? Selecting? Selecting and approving the Neffendorf firm for a one-year contract. JUDGE TINLEY: '06-'07 outside audit. COMMISSIONER LETZ: Yes, sir. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: I have a motion and a second. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Thank you, Ms. Hargis. Anything further? COMMISSIONER BALDWIN: What are those other little things that we were talking about auditing? JUDGE TINLEY: There are requirements that the Adult Probation Department be audited, that the Juvenile 10-29-07 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 Probation Department be audited, as a result of receiving various types of federal funds. It's called single audits, I think is what they're called. MS. HARGIS: No, those are actually required separate audits. JUDGE TINLEY: Okay. MS. HARGIS: The -- we have to actually audit them separately for the state. They're required to have an independent audit of their own, and always have been. A single audit, if we get grant funds from the federal government in excess of $500,000 -- used to be $250,000, but its $500,000 -- we have to perform what they call a single audit. And a single audit is a -- basically conforming with the rules and regulations of the -- of the grant that you receive. In other words, it's not necessarily dealing so much with the figures that -- and the cost, as much as, "Did you follow the procedures, the policy that was let out of the grant? Did you do what the grant asked you to do?" And that's what's a single audit is. It's -- it's really more time-intensive than the regular financial audit, because you have to look at a lot of small., detailed things. We don't have a single audit this year. We don't -- we're at $426,000, so we don't have one this year, but we keep track of that in my office to make sure that we either do or don't. And right now, we don't have one. 10-29-07 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 LETZ: That's an aggregate total? MS. HARGIS: That's the aggregate total. Has to be the aggregate total. Now, they can still decide if they feel that our internal controls on a particular grant is not sufficient, or that we've not complied with those, they can still pull a single audit, but it's left up to the audit firm at that particular time. It's called a -- you pick a major fund, and they can audit one or all, but if you go over $500,000 aggregate, then they have to choose one or the other. COMMISSIONER LETZ: And at the -- related to the City, because they're the management. So, they -- they're required to have the single audit because of the grants that they receive there. They also were required because they had received some FEMA money which fell off, but they also get some ORCA money, so they're well in excess of the $500,000. And a single audit is actually a second report. Pressler included it in your document, but most audit firms will give you two separate booklets, one for the single audit. Those are required for the agencies. We have to send one to ORCA. In fact, we sent out 12 copies of our audit last year, and 10 of those were basically for the Single Audit Act. And you 10-29-07 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 were over $500,000 last year. However, because of the other grants, we have to make sure that -- that we don't have additional agencies that are asked for, and then we go over it every year. So, we have to keep track of it every year, but it's really a -- to make sure that you follow the procedures. And the federal government has what they call the Single Audit Act, and they keep changing it on a regular basis for compliance. It's a compliance audit. JUDGE TINLEY: Hopefully, when -- as we get close to $500,000, they'll move the threshold to 750? COMMISSIONER BALDWIN: Yeah. MS. HARGIS: Well, I don't know. They just changed that 500,000 because of, I think, cost-of-living and economics, but they were at the 250 from -- I want to say '92, '93 to now. So, you know, it takes them a long time. We don't want anything else to come out of G.A.S.B. right now -- or the single audit. They just finished writing the single audit manual again. It's hot off the press. The federal government is a little bit more aggressive, and so I doubt that it will change for at least four more years. COMMISSIONER BALDWIN: Back to these probation departments, have we been auditing them? MS. HARGIS: Separately. It's my understanding from -- from Mr. Williams that we have been auditing that separately from the beginning. 10-29-07 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 COMMISSIONER BALDWIN: From Mr. Williams? MS. HARGIS: I mean Tommy. COMMISSIONER BALDWIN: Oh, Tommy. Okay. MS. HARGIS: It's just -- COMMISSIONER BALDWIN: And what else -- what else was in this bid package? Those two, and then what else that's separate from -- MS. HARGIS: There's really nothing separate here except the single audit, and single audits can run as much as -- depending upon the facility and the compliance, see, we have several of them, so 5,000 is the cheapest you get by with a single audit. Most of the time single audits are going to be around 10,000, so that's the biggest portion -- some of the portion of it now. I will say that, you know, if you notice, their bids did escalate for the following years. I think -- actually, he didn't give a -- Null-Lairson's did go up. This one only gave us a bid for one year. JUDGE TINLEY: Mm-hmm. MS. HARGIS: So, I assume when we go out again for next year, that he may -- and he knows he has to include at that point the other two. The -- reason we -- we allowed Pressler to do the other two is, number one, they can choose who they want, and number two, their year-end is 8/31, and we had to get those done. We couldn't wait. And they have to get them in to the state within 60 days after the end of 10-29-07 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 their fiscal year, so we had to go with Pressler on those. And they could elect on their own to pay for those. Now, they both budget in each one of those departments for the cost of their audits. COMMISSIONER BALDWIN: Right. MS. HARGIS: So the Adult Probation would pay for theirs. But the juvenile, because we participate in a large portion of theirs, we would be paying for that. COMMISSIONER BALDWIN: And they should pay for their own. The -- now, we're going to do a deal with them for one year? MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: And that begins when? MS. HARGIS: They'll really -- COMMISSIONER BALDWIN: You said something about spring? MS. HARGIS: In the spring, I would like to go out for bid for 2007-2008. COMMISSIONER BALDWIN: Okay. MS. HARGIS: So that we get that early enough in so that the firms can possibly give us a better bid and get more bids. We only got two bids. I had three firms to turn me down because of time constraints. Remember when I asked you to keep Pressler? I said I was very concerned that their budgets for time are already completed by August the 1st for 10-29-07 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 9/30's. There's so many governmental entities now, especially in the Dallas and the Houston and Austin area, with all these water districts, that the -- that there's not that many firms that are qualified to do governmental audits. Pressler was the only one here in town. I think we're lucky Fredericksburg has one. Austin didn't want to drive this far. I mean, there's a firm in Abilene, there's a firm in Austin. There's not -- there's maybe six in Houston. And the big firms have a limit of $150,000, so we didn't even qualify for those. So, there's one out of Waco, and I spoke with them when I was up there. They were too busy; they couldn't -- they couldn't give us a bid. So, I think when we go out in the spring, we can get a better bid. Then they can budget the time. I think that's one reason why -- the Fredericksburg firm is close. It's a good -- you know, it's a good client for them, so let's see how they do. I have no clue. I have never worked with them. So -- COMMISSIONER BALDWIN: I haven't either, but I'm willing to bet you that they're going to be great. MS. HARGIS: I'm -- I'm assuming so. COMMISSIONER BALDWIN: Yeah, sure. MS. HARGIS: And he's been very knowledgeable when I've spoken with him, and very willing to do the audit. So -- and he does -- he does tell me he's going to have his field work done by the end of January when I spoke to him 10-29-07 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 before. So, that's one good thing. We'll be finished on time. JUDGE TINLEY: Okay. MS. HARGIS: Is there anything else? JUDGE TINLEY: Anything else? We'll be adjourned. (Commissioners Court adjourned at 10:34 a.m.) STATE OF TEXAS COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 30th day of October, 2007. JANNETT PIEPER, Kerr County Clerk B Y : ------ Kathy nik, Deputy County Clerk Certified Shorthand Reporter 10-29-07 ORDER NO.30590 2008 KERR COUNTY EMPLOYEE HEALTH BENEFITS PLAN PROPOSALS Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 2-0-0 to: Reject all present bids on proposals on the 2008 employee health benefits plan, based on the County Attorney's recommendation. ORDER NO.30591 REQUEST FOR PROPOSALS FOR 2008 KERR COUNTY EMPLOYEE HEALTH BENEFITS PLAN Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 2-0-0 to: Authorize the issuance of a new RFP for the 2008 Kerr County Employee Health Benefits Plan, and Notice and Publication of same, and set the deadline to be as soon as possible, according to the State Law Bidding Requirements. ORDER NO. 30592 EVALUATION COMMITTEE FOR HILL COUNTRY YOUTH EXHIBIT CENTER RFQ'S Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioners Baldwin. The Court approved by vote of 2-0-0 to: Appoint Commissioners Oehler and Letz and Roy Walston as the Primary Committee members, and solicit input from Maintenance, and possibly the Auditor or other entities, as needed. ORDER NO.30593 AWARD NEAL AND NEAL CONCRETE CONTRACT FOR HORSE BARN Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 2-0-0 to: Award the bid to Neal and Neal Concrete, in the amount of $25,360.00 for the Horse Barn at the Hill Country Youth Exhibit Center. ORDER NO. 30594 RESOLUTION IN SUPPORT OF TEXAS DEPARTMENT OF AGRICULTURE HOME DELIVERED MEAL GRANT APPLICATION Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 2-0-0 to: Adopt the Resolution, as requested by the Dietert Center, for their Texas Department of Agriculture Home Delivered Meal Grant Application, and authorize County Judge to sign same. ORDER NO. 30595 RESPONSES TO REQUEST FOR QUALIFICATIONS TO ENGAGE OUTSIDE AUDIT FIRM FOR 2006/07 KERB COUNTY AUDIT Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 2-0-0 to: Receive responses to RFQ's for outside audit from: 1. Neffendorf, Knopp, Horry & Doss, P.C. in Fredericksburg, estimated cost of audit, all-inclusive maximum price of $30,000. 2. Null-Lairson, CPAs in Houston, estimated fee section providing that the cost for this year be $48,500. and accept both proposals and refer them to the Auditor for review and recommendation. ORDER NO. 30596 ENGAGE AUDIT FIRM TO CONDUCT FY 2006/07 KERB COUNTY AUDIT Came to be heard this the 29th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 2-0-0 to: Accept the recommendation of the Auditor and approve selecting the firm of Neffendorf, Knopp, Horry & Doss, P.C. for a one year contract for the 2006/07 outside audit.