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, April 27, 2009 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 O n6 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 April 27, 2009 --- Commissioners' Comments 1.1 Consider/discuss, take appropriate action to change Indigent Health Care Coordinator position from a 14.1 to an 18.1 on the county's step and grade salary schedule effective May 1, 2009 ~ 1.2 Consider/discuss, take appropriate action to make appropriate changes as needed to the Kerr County Wild Animal Ordinance 1.3 Presentation of County Treasurer's monthly report for March 2009 to Commissioners' Court for examination and acceptance 1.4 Acknowledge receipt of quarterly investment report from Patterson and Associates for quarter ending 3-31-09 1.5 Consider/discuss and approve amending Court Order 31256 for extension of depository contract between Security State Bank and Kerr County to include funds under LGC Chapter 117 1.6 Consider/discuss, take appropriate action regarding presentation of Kerr County 6-month financials for FY '09 1.10 Public Hearing for final revision of plat for Vistas Escondidas de Cypress Springs Estates, Lot 128 and 129, Precinct 4 1.7 Presentation to review insurance expense for fiscal year '08-'09 1.8 Consider/discuss, take appropriate action on approval of audit reports for Kerr County Justices of the Peace, Precincts 1 through 4 1.9 Consider/discuss, take appropriate action on annual audit of Chapter 19 Voter Registrar funds for October 1, 2007 through February 28, 2009 1.11 Consider/discuss, take appropriate action for acceptance of the Final Revision of Plat for Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129, Precinct 4 PAGE 13 23 30 31 32 32 50 50 59 60 61 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 I N D E X (Continued) April 27, 2009 1.12 Consider/discuss, take appropriate action to release Western Surety Bond #70271788 and accept the CNA Surety Bond #0601 70271788, Precinct 4 1.13 Consider/discuss, take appropriate action to release Letter of Credit for Ranches of Sunset Ridge and accept a maintenance bond for a year to finish remainder of items. to be completed, Pct. 3 1.14 Consider/discuss, take appropriate action regarding changing positions in the position schedule within Road and Bridge 1.15 Open bids for courthouse windows and distribute to appropriate personnel for review and recommendations 1.16 Consider/discuss, take appropriate action to establish confidentiality agreements between Information Technology and offices served by Kerr County IT 1.17 Consider/discuss, take appropriate action to submit a "2009 TRRN Certification Letter" to AACOG in order to be eligible for any 2009 Homeland Security grants; allow County Judge to sign same 1.18 Consider/discuss, take appropriate action to change date for employee evaluations from May 25, 2009 at 1:30 p.m. to May 26, 2009 at 1:30 p.m. 1.19 Six-month review of Juvenile Detention Center 4.1 Pay Bills 4.2 Budget Amendments 4.3 Late Bills 4.4 Approve and Accept Monthly Reports 5.1 Reports from Commissioners/Liaison Committee Assignments 5.2 Reports from Elected Officials/Department Heads Adjourned PAGE 62 64 68 71 72 78 78 79 90 92 92 99 107 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 On Monday, April 27, 2009, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regular meeting of the Kerr County Commissioners Court posted and scheduled for this time and date, Monday, April 27, 2009, at 9 a.m. It is that time now. Commissioner Letz? COMMISSIONER LETZ: Would everyone please stand and join me in a moment of prayer, followed by the pledge. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. Please be seated. At this time, if there's any member of the audience or 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 and tell us what's on your mind. If you wish to be heard on an agenda item, we would prefer that you fill out a participation form located at the back of the room. It's not essential that you do that. It helps me insofar as knowing that there's someone that wishes to be heard so that when we do get to that item, I can see that you're recognized. However, if you wish to be heard on an agenda item and you've 4-27-09 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 not filled out a participation form, that's all right, too. Just get my attention in some manner and I'll see that you have the opportunity to be heard. But right now, if there's any member of the audience or 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. Seeing no one coming forward, we will move on with our agenda. Commissioner Letz? COMMISSIONER LETZ: A couple things this morning. I think the last time we were here, I was getting ready to go meet with some environmentalists and give a talk. I made it out alive. (Laughter.) Actually, had quite a bit of fun giving a little bit of guff and taking it from Ken Kramer, who's the head of Sierra Club, and a few others. It's amazing; they just don't think too far out of the box, pretty narrow focus. They kind of look at you with glazed eyes when you bring up something that they don't understand, like power transmission lines crossing the hill country because of wind power. It was a very interesting experience; had a good time. A brief update on the legislation we've been working on in Austin. The bill has come out of committee. It's now in calendars. It was changed; not real, real happy with the changes made. Not real happy with most of the legislators, including our own, though Harvey has said he is going to support the bill. Then he goes around and does some 4-27-09 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 other things. So, anyway, it's kind of up in the air as to where all that's going. If it -- from Harvey's perspective, if it doesn't get out of calendars within a week, 10 days at most, it's dead. So -- and calendars -- that whole thing up there is so weird to me. Calendars, you think that they would, you know, take action on it. I mean, the way they do it, I guess, they can do nothing, which kills the bill, and so they have to be proactive. And they're -- all of the members of the Calendars Committee are urban, so none of them have a real strong reason to care about this bill. So, unless somebody puts pressure on someone to do it, any one of them can kill it. So, that's kind of a -- if it ever gets to the Senate, we'll see what happens there. And then last Saturday -- well, this past Saturday, the 25th, Center Point community had their 100th anniversary of the schoolhouse and the founding of that community, and for those that are interested in it, -- Irene was there, I know -- here's a book they put together. Very interesting. The -- it's a series of articles, stories, memories from primarily people in that area. If you look at the directory, you'd think you're in Germany, but Julius Neunhoffer family, they have a story in here. Pieper family, Holekamp family, Wiedenfelds, Schladoers, Schellhase, Halbecker. So, it's a bunch of the people that are both prominent in Kerr County and Kendall County in the Kerrville and Comfort area, so it's 4-27-09 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kind of an interesting book and stories. Well-attended, all-day event, good German lunch. As a representative, I was there, Constable Garza was there, Judge Mitchell was there; maybe some others came later. But, anyway, had a real good time. They put a lot of work into it. It turned out very nice. That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Well, first thing, we have had -- in my area last night, at least, we had some rain. We had almost eight-tenths, which is very welcome. Sorry you didn't get that much, Jon, but, you know, I guess that's the way it goes. The other thing is, this last week I attended a -- I guess it's the Hill Country chapter of the Prescribed Burn Association, and went through about a -- oh, I think there was about almost three hours worth of talking and going over the Kerr Wildlife area where they had done some burning, and showed the results and showed -- told about a lot of things that they take into consideration when they do those burns. And not to -- I think, for the most part, they did an outstanding job. And Bill Armstrong was there to kind of help the new kid on the block along and giving him guidance on how to do the burning. And -- and then I guess the other thing is, been around the bridge projects a couple times in the last two weeks up around Highway 39, and there's three of them going 4-27-09 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 at one time. And the two Smith crossings are just about ~ ready to backfill and open up both lanes, and Panther Creek is -- one lane is finished, and they're going to start transferring that traffic over pretty soon and work on the other half. I believe we have two projects that are getting bid. I believe it's in -- what, October was in June, and I believe it's this month to be let in July, and it will be started first of September, that being the Lone Star Crossing right by River Bend Ranch, and the other one being Mayhew, which is the first one you come to in the North Fork after you leave Hunt, which is one of the most critical ones that stays flooded the longest. So, those projects are set to be -- be let. They're going to be bid this month, let in July, and start September. That's a little bit about what I'm doing. That's it. JUDGE TINLEY: Thank you. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir, I have a couple of things. I wanted to remind you guys that this Friday at 10:30, we have a workshop, I don't know, in here somewhere in the courthouse. The Assistant D.A. from Williamson County is to come -- is coming over to make a presentation on the direct file system, which is a pretty cool thing, I think. I have been -- last couple of weeks, have been going to the courts and observing them, and watching the jail population do its little thing, and really fascinating and interesting. 4-27-09 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 If you remember, about this time a year ago, we had in the neighborhood of 180 prisoners in our jail. One day this last week, we got it down to 117. So, what's going -- you know, it's neat to see the District Judges both going out to the jail and functioning out there in that courtroom, and -- and, you know, the -- we can get five or six people out of there, and they'd go arrest seven or eight, but it's just -- that's just the way the thing works. But this direct file thing should -- in my mind, you know, it'll reduce the numbers even further, and I can see it where it's going to help maintain those numbers. And if you remember, really, the reason that we're all putting -- putting any effort -- putting forth effort in this thing is we want to reduce the number of prisoners, as opposed to spending taxpayers' money on a new jail, so everybody is really bending over backwards to get this thing done, and I'm -- the District Judges, both D.A.'s, everybody's working very, very hard to get this thing done, and I appreciate them a lot. I want to remind you also, May 14th we're going to have dinner on the grounds out here. You'd be amazed at some of the folks that have stopped me and are excited about -- some of the old-timers are coming in to be a part of that, and I've gotten e-mails from people all over the state, and it's really kind of interesting, and I'm pretty excited about it. I understand there's going to be a hell of a band. And 4-27-09 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 I don't cuss, but there's going to be a hell of a band out there. So, you may want to have, from 12:00 to 1:00, dinner on the grounds, Thursday, May 14th. I got a report from my little boy down on the border Thursday morning at 5:30. Right across the river from him, the police chief that had been there for six days was assassinated at 5 o'clock Thursday morning. So, he sleeps with two handguns and a shotgun, much like the County Judge here. (Laughter.) And -- but we've added a -- JUDGE TINLEY: I'll tell my wife that you called her one of those names. (Laughter.) COMMISSIONER BALDWIN: She's the handgun? But he's added -- added a machine gun to his arsenal now. So, I mean, he carries a machine gun everywhere he goes, and that's pretty sad, and dang dangerous. So, as his daddy, I'm ordering him to come home. Somebody else can protect the borders. That's it. That's all I've got to say about that. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Wish I had good news, but what I have is a piece of -- I need to advise the Court about what happened in your absence, Judge, at the Juvenile Detention Facility. We blew a boiler out there in the old building, and Mr. Tim called me bright and early one morning in your absence to tell me about it. Doesn't seem to be such a monumental occasion, except that that provides the hot 4-27-09 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 water to the washing machines, takes cares of the clothes for the kids in the other facility, so we had a little problem. Tim told me that to fix the old boiler -- he'll have more details for you here in a second -- would be somewhere like -- or to replace it, I should say, would be something like a $30,000 to $40,000 expenditure, so we opted quickly to find another solution. Mr. Tim, do you want to come up here and tell the Court what the other solution is and how much money you saved out of your budget by doing that? JUDGE TINLEY: I notice you mention his budget. COMMISSIONER LETZ: County Attorney's shaking his head. COMMISSIONER WILLIAMS: No? MR. EMERSON: No. COMMISSIONER WILLIAMS: Under my report? MR. EMERSON: No. You're more than welcome to talk about it, but you can't drag him in and get into a discussion. COMMISSIONER MR. BOLLIER: COMMISSIONER was we bought a couple clothing situation and at a cost considerably replacement boiler. S WILLIAMS: Sit down, Tim. Yes, sir, County Attorney. WILLIAMS: The solution, gentlemen, washing machines to take care of the installed them in the newer facility, less than $30,000 to $40,000 for a s, now we have clean clothes for the 4-27-09 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 kids in the Juvenile Detention Facility. We have an old building with a busted boiler, which someday we'll have to take -- pay attention to. But you may remember that the only reason that boiler stayed fired all the time was to take care of the clothes washing situation in the newer facility, so now we've corrected that; we were forced to correct that. And when it comes time to talk about what to do with the old facility, we'll talk about what to do with the boiler. Is that okay, Mr. County Attorney? MR. EMERSON: Yes, sir. COMMISSIONER WILLIAMS: Thank you, sir. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: I was at the West Texas County Judges and Commissioners Association conference the majority of last week, 118 counties represented by that group. Attendance was pretty significant. The report I heard was that there were 450, which, when you stop and consider that -- that with five commissioners and five members of the court from each county, you're talking about what, 590 folks, I guess, so that's a pretty good sampling of those folks. We got the opportunity to learn about some new issues and some new problems and what's going on at the Legislature. There's some good things pending, probably most of which won't get enacted. There's some bad things pending, which hopefully 4-27-09 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 that one goes. But all in all, it was a pretty good conference, and well-attended. Let's get on with our agenda. First item on the agenda is to consider, discuss, step and grade salary schedule effective May 1, 2009, with funds to cover the change coming from unexpended Fiscal Year 2009 Indigent Health Care budget, Line Item 50-641-106. Hospital inpatient, which had 78 percent of the funds remaining at the end of March 2009. Budget impact for the current budget year will be $2,830. Ms. Lavender? MS. LAVENDER: On a personal note, I want to thank the Judge and Commissioner Oehler for coming to the Habitat groundbreaking too. I'm sorry the rest of you didn't get there, but thank you guys for coming and representing the county. When we started this program last September and hired someone for the position, we really were kind of in the dark about what the responsibilities would be and how much 4-27-09 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 work there would be. And she did not ask me to come do this; I' I did this on my own. But I feel like this lady that we hired came to us with exceptional credentials and background, and her learning curve was about as short as I've ever seen with anyone coming into a position that was new. And as you've been watching all year, the cost of the Indigent Health program has been greatly reduced, significantly reduced. As of this morning, we have 39 people, and that includes the jail population on indigent health care. She has worked with them to -- some of the long-term ones that we had on there, to move them over to Social Security, where they both have insurance and supplemental income benefits. And she's worked with Jennifer Knoulton, the Wesley nurse out at First Methodist Church, to get our diabetic clients into II counseling and diet help, and to get them help with their diabetic supplies. So, she's worked real hard to get this program up, running, and where it needs to be, and compared to others in the courthouse who have similar responsibilities, I feel like this is a justifiable increase in her pay grade and salary, and I would ask to you approve it. COMMISSIONER BALDWIN: Is it normal to jump four steps like that? MS. LAVENDER: I don't know. 25 ~ COMMISSIONER BALDWIN: That's really not a question 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 for you. MS. LAVENDER: I don't know about pay grade and salary stuff. You'd have so ask Eva about that. I think when we started this thing, we really didn't know where it was going to fall into the pay grade scale, and I think we needed six months to look at it. And we've looked at it for six months, and I would let Eva speak to that. COMMISSIONER BALDWIN: Good. MS. HYDE: I went back to the notes when y'all discussed it -- COMMISSIONER WILLIAMS: Use the mic, please. MS. HYDE: I went back to the notes when y'all first discussed the position, and one of the things that was discussed is we don't know what this person is going to do or be capable of, but we want to bring them in where everybody else is. And then it was supposed to be reevaluated, looked at throughout the year to see, and after six months, see if there was anything there. So, that's kind of why it's being brought back to the Court. No, sir, it's not in the budget. I think that was part two of your question, Commissioner Baldwin. No? COMMISSIONER BALDWIN: No. MS. HYDE: Okay. COMMISSIONER LETZ: It would be mine, but... MS. HYDE: So, that's kind of where it's at. 4-27-09 16 1 2 to 18? 3 4 no -- 5 6 to 18 7 8 9 10 that. 11 12 13 14 15 16 17 18 19 20 21 22 COMMISSIONER BALDWIN: Is it normal to step from 14 MS. HYDE: It's a brand new position, so there was COMMISSIONER BALDWIN: Has anybody stepped from 14 MS. HYDE: There's been some, yeah. COMMISSIONER BALDWIN: Four steps? MS. HYDE: There's been some that's gone more than JUDGE TINLEY: Ms. Hyde, based on your assessment of what the job description has come to entail and responsibilities of that particular position, do you feel like 18.1 is an appropriate pay grade classification for that position, given those considerations? MS. HYDE: Rosa? One thing that we had talked about was a 17 or an 18, so, you know, I'm kind of a 'tweener, because it's not in the budget, and I know one person is going to say something about it not being in the budget. But between a 17 or 18, because she'll also get her longevity in October, which will take her up. MS. LAVENDER: She won't be here a year October 23 lst. 24 25 4-27-09 MS. HYDE: She'll get it, like, the second payroll. COMMISSIONER LETZ: My -- you answered part of it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17 I mean, part of the answer sounded -- we said originally we would reevaluate. That makes sense. I'm glad we said that. At least we're not totally outside what we normally do. I'm like Buster, though; it seems like it's an awful big jump, and I really -- the problem I have with these things is we need to really look at job descriptions and make sure the job description -- you know, people need to get paid based on what they're doing. I believe in that. But we tend to look at money and then create jobs descriptions to -- to fit that. And that's where I have a little bit of concern. I think 18.1 seems a little bit on the high side to me on this. MS. HYDE: Most of them are 17's, if you look at the job descriptions, and I think that's where you two were going. Most of them are 17's. And then you have your chief deputies that are 19's, and, like, court coordinators are 19's. So, this one's kind of a 'tweener. Is she considered a court coordinator type responsibility because of all the moneys and things that she's dealing with, and the decrees and the job responsibilities? 'Cause there's little or no direction. This is a brand-new thing. Or is it more a 17, right below where we look at a chief deputy, where this is the next logical step that they would go in the -- in the positions? And then, you know, at a later date, maybe you'd look at a 17 -- an 18 or a 19, depending on what -- what pans 25 I out. 4-27-09 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 COMMISSIONER LETZ: I think the -- at this point, 17 fits better, because Rosa is there from the standpoint of a -- of a supervisor. I'm not real sure if that makes sense long-term, not that I want to put you out of a job. MS. LAVENDER: Well, you're not paying me to do it anyway, so it doesn't matter. COMMISSIONER LETZ: But it's kind of -- you know, I think we were kind of feeling our way. Down the road, it may make sense to increase it, but I think 17, because there is some supervision and guidance. MS. LAVENDER: But it's unpaid. If you remember, I didn't get any increase in salary to do this. COMMISSIONER LETZ: But it's goodwill. MS. LAVENDER: I know, it's 'cause I have a big heart. JUDGE TINLEY: Ms. Lavender, the -- it's my understanding that that employee is -- in addition to handling the eligibility and those sorts of things that were anticipated to be done in that job, is also filing for reimbursements. MS. LAVENDER: Correct. JUDGE TINLEY: For those that end up on, for example, Social Security Disability. MS. LAVENDER: Correct. JUDGE TINLEY: Are those funds that are received, 9-27-09 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 are they netted out against the cost, or do they go into a separate -- a separate kitty over here on the side? I guess my question is the 8 percent -- MS. WILLIAMS: A lot depends on the date that that service was paid on. If it was a prior-year expense, it does not go back into that eligibility line item. If it is a current-year expense, we put it back in there, because areas -- if they weren't covered, we wouldn't have paid it anyway. JUDGE TINLEY: Okay. Would it be a fair statement that most of these reimbursements are going to cover something prior to this fiscal year, the -- MS. LAVENDER: I can't answer that. JUDGE TINLEY: Okay. MS. WILLIAMS: It's kind of fifty-fifty, Judge. JUDGE TINLEY: Okay. MS. WILLIAMS: We can't really tell until we know what date the service was actually paid for. Anything with October 1 is current. Anything prior to that is -- JUDGE TINLEY: How far back do these reimbursement claims -- how far back do we go against Social Security Disability? What's -- MS. WILLIAMS: I think they can go back as far as six or seven months, or even maybe a year. MS. LAVENDER: Yeah. When we first took over the program, because there was quite a backlog of -- of cases 4-27-09 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 that hadn't been paid or had been paid and not asked for reimbursement, she has worked those very conscientiously and caught up with all of that. The paperwork with this program was far more than I ever thought it would be for one person to handle, and just the -- the walk-in clientele. Because in my situation, most of the time people make an appointment with me. In her situation, she has a lot of -- of just walk-in clientele, and a lot of times they stay quite a while and are very challenging to deal with. But if you feel like 17.1 is appropriate, then I'm sure she's going to be grateful for whatever we do. But I do think 14.1 is way below where she belongs in the -- in the system. COMMISSIONER WILLIAMS: When does longevity kick in? MS. LAVENDER: She will be here a year on the 20th of October, and so I'm not sure whether it kicks in -- at what point -- I'm not on the pay grade step, and so I'm not real familiar with how that works. MS. HYDE: Second payroll in October. MS. LAVENDER: Second pay period in October is when the longevity would kick in. COMMISSIONER WILLIAMS: Being there is -- COMMISSIONER OEHLER: I do agree, we ought to pay people for what job they're doing. I have no problem with that. Although this is a new position, and it was just 4-27-09 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 funded this -- this year, and the program is well spent. The money's well spent for what we're getting out of it. JUDGE TINLEY: Mm-hmm. COMMISSIONER OEHLER: On the other hand, though, you have people that have been working here a long time, and I feel like we've got to be fair to everybody else. We shouldn't promote too much at one time, and reevaluate these things at budget time. I'm not -- I'm not opposed to giving, you know, some increase because of her responsibilities and what her job entails. That's fine, after a review at six months. But I can't see jumping that high within a budget year, taking money from -- just because funds are unexpended doesn't mean we need to find a way to spend them. COMMISSIONER WILLIAMS: My inclination would be more along the lines -- I don't disagree with you -- more along the lines of a 16, but with a step in grade coming in October, which takes it to a 17. I appreciate the good work that -- that the employee is doing. COMMISSIONER LETZ: I think take it to a 16.2. COMMISSIONER WILLIAMS: 16.2 would be fine. 16.2 would be just fine, and then step and grade takes them up another notch a few months later. COMMISSIONER LETZ: 16.1 now, and the annual thing kicks -- would kick it up to either a -- just adds a -- from 25 d a l to a 2 at that point. 4-27-09 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 WILLIAMS: We could take it to a 2 now, in my opinion. COMMISSIONER LETZ: I don't like to take it to a 2 now; I'd rather leave it at a 1, because it's a -- it's supposed to be a start -- an entry level. COMMISSIONER WILLIAMS: All right. COMMISSIONER BALDWIN: Well, in all of our brilliance that we said that we were going to reevaluate this position in six months, I think if we were really sincere about that, we would have provided something in the budget to take care of this issue that we're dealing with today. But in reality, we're not that smart. MS. LAVENDER: Well, and the budget was done long before this was done, also. COMMISSIONER BALDWIN: And -- but someone make a motion; I'm ready to do this thing. Light a candle. COMMISSIONER WILLIAMS: I will move that the Indigent Health Care Coordinator position be increased I~ effective May 1 from a 14.1 to a 16.1 on the county step and grade salary schedule. COMMISSIONER OEHLER: Second. JUDGE TINLEY: We have a motion and second. ', Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 4-27-09 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 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. MS. LAVENDER: Thank you. COMMISSIONER BALDWIN: She does a terrific job and she's a neat employee. COMMISSIONER OEHLER: No doubt. COMMISSIONER LETZ: Rosa, I think we do need to look at this again. MS. LAVENDER: When we do the budget, right. COMMISSIONER LETZ: We'll look at the job description. MS. LAVENDER: Thank you. JUDGE TINLEY: Let's move to Item 2; consider, discuss, take appropriate action to make appropriate changes as needed to the Kerr County Wild Animal Ordinance. Commissioner Oehler? COMMISSIONER OEHLER: Well, I put this on. I was supposed to have done it last meeting and I didn't get it done, and I apologize to Ms. Crenshaw and the others that are affected by not getting that done. This is a choice, I think, that could be argued any way, either one way or the other, one side or the other. I've visited with Rex, and he's given me some guidance as far as what we can and can't do with this. I think it would be all of our desire to 4-27-09 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 restrict more -- more so in areas of high population than we would in areas like, say, ranches that were 500 or 1,000 acres. Unfortunately, we can't do that. We can't restrict it that way. We either have -- we restrict it county-wide; doesn't matter, you know, where the animals may or may not be located. This is the only way we can -- we can deal with this order. I know Ms. Crenshaw wants to speak on this, and I know that the law that's on the books now, you know, gives guidelines, specific guidelines of what -- what you can and can't do, or what you must do in order to be able to house one of these types of animals that's listed. Those -- those are fairly restrictive in what you can do and what you must do to be able to keep them. My concern about passing something new or more restrictive, I guess, is kind -- it's kind of like what we're seeing going on in our federal government and our state government nowadays. We're getting -- we're getting more laws and more laws and we lose more rights and more rights each and every day. And it seems that we should have done a better job of enforcing what was there to begin with. COMMISSIONER BALDWIN: Brilliant. COMMISSIONER OEHLER: If we had done that, this more than likely would not have happened. COMMISSIONER BALDWIN: I agree. COMMISSIONER OEHLER: So I feel like we need to 4-27-09 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 take some responsibility for that. On the other hand, we know that our population is growing. Our subdivisions are -- you know, they're getting -- there are getting to be more everywhere. You're having the larger tracts being broken up into smaller residential areas. And the other side of that is, I don't believe I want to live next door to somebody that has one of these things, even if they were following all the rules. So, you know, I think you can argue this either way. And -- but I do know that we are getting more populated, and as time goes on, you know, I believe that we probably ought to do something about this, and we may ought to do something about it today. Anyway, Ms. Crenshaw? Would you like to... MS. CRENSHAW: I don't have much more to say this time than what I said before, but I do not think these -- these animals are pets. I mean, I don't care what you say. You wake up at 3 o'clock in the morning with one of them in the yard with you, and you don't believe it's a pet. The -- we're very fortunate that it happened at the time it did, because on that road -- there are children walking on that road all the time, elderly people on the road all the time, and if they'd have met that cat, what would have happened? If the school bus had been there at that time, what would have happened? And -- you know, and I don't think that the enforcement of the -- of what she was supposed to have had up there was enforced completely at that time. She had gone 4-27-09 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 up -- as far as I know, she has redone everything up there. If she was complying with the law completely, why did she have to redo everything up there? And you don't go up there. You got trespassing signs all over everywhere, and she will enforce it, so you don't know what's going on. But I would appreciate the fact that you would consider it, because like I said, it's a -- it's certainly a traumatizing thing in the morning to wake up with all that going on, and nobody was ever notified. As I said, I'm the only Crenshaw in the phone book, but they didn't call and tell us that the tiger was out. Nothing was done to notify us. I woke up in the morning; looked like every house -- every light in my house was on, because I had all kind of law enforcement out in the front with all their lights into my house, flashing lights going on, everything. I didn't know what was going on. Fortunately, my son-in-law was with the volunteer fire department. He has a scanner, and he called me and told me that the tiger was out, and stay away from the windows and the doors. And, like I said, I think we're just very fortunate that it happened at the time it did, and nobody was hurt from it. But it can happen again very easily. JUDGE TINLEY: Thank you, Ms. Crenshaw. existing order, is there a requirement that we hold a public hearing to give notice of the hearing, et cetera? 4-27-09 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 27 MR. EMERSON: There is, Judge, but I think the Court's already held a public hearing. If I'm not mistaken, it was six weeks ago, maybe? COMMISSIONER OEHLER: Yeah. MR. EMERSON: Which nobody showed up to speak at that time. COMMISSIONER OEHLER: They didn't, and it was my fault that Ms. Crenshaw didn't get a call, so I have to apologize for that, but we did hold a public hearing. JUDGE TINLEY: My concern was there wasn't a specific proposed change or new order that was laid out for -- for the public's consideration. I think that's my concern. COMMISSIONER BALDWIN: And it's still not. COMMISSIONER WILLIAMS: That's correct, Judge. There was nothing. COMMISSIONER OEHLER: We could -- we could propose one, and then if you want to have a public hearing, I have no objection to doing -- however is the right way, correct way to do it. But my understanding, we could do this with a public hearing and amend it at will. COMMISSIONER WILLIAMS: Seems to me that if we're going to do a public hearing, we need to tell -- advise the public exactly what part of this order we're going to change, and to what extent. 4-27-09 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 COMMISSIONER OEHLER: Right. COMMISSIONER WILLIAMS: So that they can digest the language and make a decision as to whether or not they wish to come and be supportive or against it. And we haven't done that. We had what we called a public hearing, but we didn't have any proposed language. And I -- you know, I think your comments earlier, Commissioner, were good. We have an order on the books, and to some extent, it would appear that we haven't enforced what we already have. And it seems to me that we -- we try hard not to do this, but whether it's commissioners court or any other governmental agency, we tend to pile law on top of law on top of law on the same topic, and first thing you know, you got a stack of laws and nobody knows what's what, and you don't get anything enforced. So, if we're going to make a change, I'd like to let the public know exactly what it is and give them the proper notification so that they can come and express themselves. COMMISSIONER OEHLER: Yeah, no objection to that whatsoever. I think it's only fair and right to do so. And if I were to propose a change, it would be to -- to grandfather the ones that are already here, and legally housed according to the state regulations, and then ban any further animals like that to reside in the county. None could come in after that. 25 ( COMMISSIONER WILLIAMS: And might I offer one other 4-27-09 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 29 suggestion? If we're going to make a change in this particular court order in the section on dangerous wild animals, then -- and if there's any deficiency in the area with respect to impoundment right now, we need to examine that and make it stronger in terms of what we expect of our Animal Control people and what we expect of impoundment. Instead of just saying, "Well, go out and enforce what you got," let's take a look at it. COMMISSIONER OEHLER: Yeah. JUDGE TINLEY: Would it be appropriate for there to be specific -- a specific change or changes to be proposed and then brought to the Court requesting a public hearing on those specific -- that specific change or changes? MR. EMERSON: Yes. JUDGE TINLEY: Would that be the appropriate procedure? MR. EMERSON: Yes. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: That could be done. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Be more than happy to do so. !, JUDGE TINLEY: Okay. ~I I', COMMISSIONER OEHLER: And then, at that time, we ~I can have a -- set a ublic hearin and then -- then decide p g whether we want to leave it alone or whether we want to adopt 4-27-09 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 the changes. JUDGE TINLEY: Exactly, sure. First you need to get the changes crafted that are going to be proposed, and then bring -- COMMISSIONER OEHLER: The County Attorney and I will work on that. JUDGE TINLEY: Good enough. Anything further on I that? COMMISSIONER OEHLER: Not that I know of. JUDGE TINLEY: Let's move to Item 3; consider -- a presentation of the County Treasurer's monthly report from March 2009 to Commissioners Court. Report's for the Court's examination and acceptance. Ms. Williams? MS. WILLIAMS: Good morning. Okay. I believe each of y'all should have a copy of my March Treasurer's report, and if there are any questions, I will do my best to answer them. JUDGE TINLEY: Any questions for Ms. Williams on the March 2009 monthly report? COMMISSIONER LETZ: Move we accept the monthly report as presented. i COMMISSIONER BALDWIN: Second. ~i JUDGE TINLEY: Motion made and seconded as i indicated. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. 4-27-09 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 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'll go to Item 4; acknowledge receipt of the quarterly investment report from Patterson and Associates for the quarter ending 3-31-09. Again, Ms. Williams. MS. WILLIAMS: Okay. I did present a copy of the quarterly investment report to Jody for the Court's -- perusal, I guess, best as I can come up with. If there are any questions -- I mean, it's kind of self-explanatory. Everything is just kind of in the toilet right now. COMMISSIONER WILLIAMS: In the tank. MS. WILLIAMS: Yeah, that too. COMMISSIONER LETZ: I move we accept the quarterly report as presented. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to accept the quarterly investment report. 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.) COMMISSIONER LETZ: That means we're not making 4-27-09 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 JUDGE TINLEY: You're right, Jon, we're not making ~ much money. But -- MS. WILLIAMS: Thank you. COMMISSIONER LETZ: Better than losing money. JUDGE TINLEY: That's right. We'll go to Item 5; consider, discuss, and approve amending Court Order 31256 for the extension of depository contract between Security State Bank and Kerr County to include the funds under Local Government Code Chapter 117. Ms. Pieper? MS. PIEPER: Gentlemen, last week when this was presented, it just stated that -- for the Chapter 116, which I believe is the Treasurer's funds, but I would also like to include the County and District Clerk funds under Chapter 117. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. 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. We'll move to Item 6; consider, discuss, and take appropriate action 4-27-09 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 33 regarding presentation of the Kerr County six-month financials for fiscal year '09. Ms. Mabry? MS. HARGIS: Actually, it's me. We're going to put it up on the screen for y'all. You got a PDF of it. It's very large, so I thought we'd put it up like we did the budget and go through any questions, if any of you have any particular questions that you want to address. COMMISSIONER WILLIAMS: Can you turn that thing, John, a little bit? Is this on our computer also? MS. HARGIS: It should be. We've got a PDF of it. COMMISSIONER BALDWIN: A PDF that you can't read. MS. HARGIS: You can go in Incode, just like we have before, and we can show you how to do that if you'd like, 'cause I think it would be easier. (Low-voice discussion off the record.) JUDGE TINLEY: Appears that we got problems coming on our Court-appointed attorneys and Court-appointed services in the County Court at Law. MS. HARGIS: Mm-hmm. JUDGE TINLEY: And 216th. 198th looks okay for now. MS. HARGIS: Right. JUDGE TINLEY: That's what I'm reading. MS. HARGIS: Yeah, the 216th, because of them trying to clear the docket, I think we've had more 4-27-09 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 34 Court-appointed attorneys to try clear the docket. I think this is part of them trying to clear the docket, so we're seeing these expenses for the attorneys sooner than we had before. And having spoken with the D.A. for the 216th, he expected those to be pretty high, even in the month of April, because they had an awful lot of trials that went for several hours in March, and so, therefore, you know, we're going to end up having a problem there. We tried to budget as high as we could in those areas, based on prior year. But I think -- we have a new judge, and we didn't really know what he was going to do at this stage of the game, and he's trying to do what -- what I think y'all asked him to do. And that's always one of our -- our -- and I've only been here -- this is my second year to go through this, but from what I can see, that's always an area that we tend to have a little bit of problems with. The civil Court-appointed attorney, we're at 42 percent. And the Court-appointed at 402, we're at 30 percent, Judge? Yeah, we only have 30 percent left in that line item. We should be at 50 percent on most of your line items. If you're -- if you're at -- if you're over 50 percent, like 55, 60, then we're in good shape. If you're under 50 percent, that's where -- so we're actually -- we really don't have but 30 percent left in that line item, and I don't know what the bills are going to be for this month and whether it's going to eat into that. I'm sure that it 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 is. COMMISSIONER WILLIAMS: Which page are you on on the screen up there? MS. HARGIS: Page 18. MS. MABRY: 18. JUDGE TINLEY: Actually, you should actually be more than 50 percent because of the way they accrue. We won't get the bills for the first six months until on into the seventh month. MS. HARGIS: That's what I -- JUDGE TINLEY: Maybe even a little bit after, so -- MS. HARGIS: That's what I mentioned. The bills for March have not come in yet, so really, you're looking at five months here for those particular bills. We probably have about two more months there, and -- and then we might -- we're going to have to discuss how we're going to do that. In the 198th, again, you're okay; you're at 53 percent and 69 percent, so those are -- those are running okay. COMMISSIONER LETZ: But the 216th, anyway, Court-appointed services is under, and there's a fair amount of money there. So -- MS. HARGIS: We could use that. COMMISSIONER LETZ: I mean, that's not going to get us to the end of the year necessarily, but at least there's something internally in that one budget. 4-27-09 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 36 MS. HARGIS: Well, and we haven't used anything for the Special District Judge. I think -- I know Judge Ables has been here quite a bit. I don't know if he's charging. COMMISSIONER WILLIAMS: There's something in the bill list today, is there not? JUDGE TINLEY: Mm-hmm, there is. MS. HARGIS: So -- COMMISSIONER LETZ: All right. MS. HARGIS: But he has been here a lot. In fact, I've seen him more now than I did before. JUDGE TINLEY: Do you know who handles the 6th Administrative District assignments fund for judges? Do I You -- MS. HARGIS: No, I haven't -- no, I have no jurisdiction over that. It's my understanding that his staff on that is -- Judge Ables is over the 6th District. Becky Henderson does clerical work, and Tommy, my predecessor, does the accounting work for that, so I have no knowledge of that. JUDGE TINLEY: 'Cause I know there's some funding available for the 6th Administrative Region. MS. HARGIS: Which they divide up. And I think he's been, you know, trying to use some of that, but they it have to divide that amongst the region, and I think Becky II talked about that during the budget period. It's like first-come, first-served type of a situation. If so, I mean, 4-27-09 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 37 we can ask them. Because, again -- JUDGE TINLEY: I'd be interested to know what -- what Kerr County has utilized from that fund, and what's available there. MS. HARGIS: Okay. COMMISSIONER BALDWIN: I think -- I think it was said that some of that's going to be available for our jail issue, visiting judge in our jail issue as well. JUDGE TINLEY: That's part of the reason I -- COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: -- I'd like to have the benefit of that information. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: I knew there was a fund for -- the Legislature quit just carte blanche funding visiting judges. COMMISSIONER BALDWIN: Right. JUDGE TINLEY: And they created a pool within each administrative district or region, and Judge Ables has control over that, but he tries to allocate it out. I was not aware of the total amount of when it got used, if it got used, how much got used, how much we use or how much we might realistically have available on a pro rata basis. That's the i information that I -- COMMISSIONER BALDWIN: I'd like to see it as well. JUDGE TINLEY: Yeah. 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 MS. HARGIS: Okay. I made a note of that; I will get that information to y'all. JUDGE TINLEY: Okay. MS. HARGIS: And, again, we talked about the 198th. If you're trying to see what fund you are in, it's in the upper left-hand corner under where it says General Fund. Then right under that is the name of the -- of the particular department. Most of the departments are fine. The -- the one that -- and Rusty's not here, but one of his areas is the overtime line item that we talked about, in lieu of paying them comp time. So, we may have to go back to a little bit of comp time towards the end of the year on his situation, because he is going to go over that, and we are moving that around. His meals and the food have become a little bit of a problem on that. COMMISSIONER WILLIAMS: What page are you on now? MS. HARGIS: Um -- COMMISSIONER LETZ: 36. COMMISSIONER WILLIAMS: 36? MS. HARGIS: Right. Right now, he's okay. We moved some money around with some budget amendments last time, but we are watching that. i COMMISSIONER LETZ: Prisoner medical is substantially under budget. Is that largely due to the indigent health care work we're doing? 4-27-09 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 39 MS. HARGIS: No, it's because of that contract that ~ we have, remember? COMMISSIONER LETZ: Oh. MS. HARGIS: And that is really saving us a lot of money. And we're only six months into it, but so far, so good. Yes, the indigent health care is helping there, because we're not putting them on. The big thing is the drugs. Remember, that was part of the problem, and they dispense the drugs through that company, and so that's saving us quite a bit of money. JUDGE TINLEY: The prisoner medical, Line Item 333, is for the excess that we're obligated for over and above the contract, according to my understanding. COMMISSIONER LETZ: Right. MS. HARGIS: Yeah. We had some -- remember, there was a deductible kind of like our insurance, and we had to -- we had -- you know, if we go over that, then we have to pay the difference. COMMISSIONER BALDWIN: Judge, I think it would be appropriate -- I'd like -- if we're six months into this particular program, I think it would be appropriate to have a little report on that, to have a discussion about that. COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Are you talking about the new program at the jail, the contract? 4-27-09 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 40 COMMISSIONER BALDWIN: Yes. JUDGE TINLEY: Health care? COMMISSIONER BALDWIN: I think, 'cause that's some interesting stuff there. COMMISSIONER LETZ: Big dollars, too. COMMISSIONER BALDWIN: Big dollars. MS. HARGIS: Yeah, it was 240,000. COMMISSIONER BALDWIN: Well, that's a drop in the I bucket. MS. HARGIS: It's much better than -- it's much better than it has been so far. So, again, Rusty tells me he's very pleased with it, and we haven't had any conversations, you know, that -- that warranted that he was concerned about excess funds in that particular line item. JUDGE TINLEY: He's pleased with the administration of it and how they're performing out there? MS. HARGIS: So far. He may have some other things that he would like to share with y'all. We only talk about the money side of it. COMMISSIONER BALDWIN: Well, I wasn't exactly asking him to give us a report; I'd rather have you do it. If we can keep him out of here, it would be -- MS. HARGIS: Because I talk fast? I think most of the other departments are -- are being very frugal. The one thing that I think is -- is becoming a problem for some of 4-27-09 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 41 them is that we cut back -- most everybody cut back on their travel and their conferences, and that is becoming a real problem, because several them have new people. They need to go to the conferences; some of them need them for their licenses and so forth, and so when they cut back, they weren't thinking. So -- and in this next budget period, in their notes, I think they need to look at all the conferences, how many people that they need to send, how many need to be licensed and so forth. The other area that I would like to see maybe a change on, and it kind of came up when we did the certification for the folks in the Animal Control, is I believe that's a good program, but we need to budget somehow for that, especially like in the jail and in the Sheriff's Department. We have, I think, 15 people who are eligible, maybe, and only two have gone. But we could have had all 15. So, we -- we need to kind of maybe do an average and budget that money so that if they do go, we have it available. Because we can't just put it in their line item, 'cause we don't know if they're going to go, and that inflates his budget. But we need maybe -- it's my understanding years ago, you had a line item for certification pay, and I think that would be better than budgeting for them going, and then they don't go. COMMISSIONER LETZ: Can't we put that under Nondepartmental? 4-27-09 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 42 MS. HARGIS: We could. COMMISSIONER LETZ: One pool of money? MS. HARGIS: We could. COMMISSIONER LETZ: That way it's a lot easier. MS. HARGIS: Okay, but I do think it needs to be JUDGE TINLEY: Ms. Hargis, on training and -- and obtaining these certifications, there are more and more of those types of programs -- MS. HARGIS: Yes. JUDGE TINLEY: -- that are available online, or they're available via interactive video teleconferencing. That's another one of the advantages to having a good, full-blown video teleconferencing hookup where you can save some money and create some efficiency. I think we need to seriously consider looking at that. There are more and more employers in the private sector that are doing things that way. There are more and more in the government sector. I think you'll find that the Extension Service is going to it pretty heavily now with -- with video teleconferencing. So, you know, if you can avoid the travel, if you can avoid the lodging cost, you can avoid the meal cost, those are the things that run it through the roof. COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: A lot of times, the -- the 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 registration or buy-in is considerably reduced also for those kinds of events, and -- and you can create a lot of efficiencies with that, and we need to look at that a whole lot stronger, in my opinion. MS. HARGIS: Well, we have -- well, there's not that many folks on Incode, but those of us that are on Incode, we bought that $1,000-a-year student training, and those of us that are on Incode, and my staff especially, we're going to those webinars, and I'm having them listen to those in between when, you know, they finish their work and -- and so that they understand the different ones. And that's working out really well. Eva's department, Mindy, all of us are using that now. I don't know -- I'm not knowledgeable on the training seminars, of whether they're on webcast from the other departments. We'd have to find that out. But, you know, I think that's something to be looked I at. COMMISSIONER BALDWIN: I can tell you this; that if I can meet the standards of the state sitting in this room, I'm here. I'm not going anywhere else ever again if we can I I do that. MS. HARGIS: The only other department that -- that we need to look at, and you're going to get a report from him anyway, but that is the Juvenile Detention Center. And I want to kind of talk about that one, because I'm not as 4-27-09 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 44 concerned as I probably would be otherwise. In the Juvenile Detention Center, we have been at capacity pretty much now, and because of that, when we budgeted for food and for housing them, we didn't budget for 100 percent occupancy. However, we've been at 100 percent occupancy -- is Kevin here? Kevin? He's not here yet? -- pretty much the whole month of March and into April, so he's going to run out of food money probably in the next two months. However, he is also at about 75 percent of the revenue for the year already through the month of March. So, what -- what I suggest we do is that we will have enough revenue there that we did not budget for that we can budget for and then put that back in our food line item, so we'll be fine. He's way ahead on the revenue because of having that many -- we had -- we had a lot of Kerrville kids, but the last couple of weeks we had, like, 12 from other counties. And so, you know, that's bringing in a lot of money. And we also pay ourselves, so he's way ahead on his money in that regard, so I think we'll be fine. So, if you looked at his, but he is going to run out of money for food and other areas. I'm very disappointed, personally, that we have that particular problem. I wish we didn't have that many kids in there, but we do. COMMISSIONER WILLIAMS: May I ask a question, Ms. Hargis, aside from the juvenile side of it? I understand what you're talking about. I'm looking at the Sheriff's 4-27-09 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 budget. I'm looking at particularly the line item on vehicle gas and oil, and I see that as a result of what's taken place in the marketplace, the Sheriff's expenditure on vehicle gas and oil is -- he still has 77 percent of his budget remaining, which means that he's 27 -- about 27 percent over where he should be at this time of the year. The question is, is that pretty well the case in other departments where we got fuel? MS. HARGIS: Pretty much. Keep in mind, though, we only have five months. That's another five-month issue. COMMISSIONER WILLIAMS: Okay. MS. HARGIS: We had -- COMMISSIONER WILLIAMS: Road and Bridge has 76 percent left. MS. HARGIS: The only problem with Road and Bridge, we don't want to get too anxious with them, is that -- and Leonard is here. He uses a lot of gas in the summer months doing -- doing the repaving. JUDGE TINLEY: Sealcoat. MS. HARGIS: So his is not as much of a good picture, where the other departments, I think we have a little bit better -- but keep in mind you're running one month behind, 'cause we didn't get the March bill yet, so those are going to be more -- closer, but they still are over. Remember, we used -- we were conservative and we 9-27-09 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 actually brought it down, and so we're doing fine, but it is also coming up. So, it fluctuates, but I would suggest we hold onto that, and that's -- that's something that we can use towards the end of, say, the last quarter. COMMISSIONER WILLIAMS: I understand. I just wanted to know across the board. MS. HARGIS: I'm using that where I feel ', comfortable using it, but Road and Bridge is not one where we want to look at it right now. COMMISSIONER WILLIAMS: Thank you. MS. HARGIS: But that is also an area that we can use. But because of some of the other line items being tight in his, I'm not real -- again, Rusty's thinking he may go to some comp time on that. Other than -- you know, other than that, I think, again, we're doing really well for the first six months. I'm pleased. We've had to move a little bit of money around, but I think, all in all, we're doing well. There's Kevin; I'm sure he'll talk about his situation. COMMISSIONER LETZ: Jeannie, before you leave, I'm on Page 69. MS. HARGIS: Okay. COMMISSIONER LETZ: Capital Projects, 2008. Are those -- just help me understand that, what I'm looking at. MS. HARGIS: Let me get to Page 69. COMMISSIONER LETZ: 69. 4-27-09 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. HARGIS: I don't have a Page 69. Are you in COMMISSIONER WILLIAMS: Yes. COMMISSIONER LETZ: Yes, I'm in Fund 16. MS. HARGIS: Okay. Mine are numbered -- because of the different funds, they start over again. Okay. This is a non-budgeted fund. This is a capital fund that you budgeted when you began the fund. This is where we have the Ag Barn and the windows, and we haven't spent the money there yet. We also have some money left for our computer work, but this -- this is your -- the loan that we got, that we have had no activity in that so far other than putting actual walls in the Ag Barn and so forth, and then doing the front lawn. So, we're coming in under in a lot of those areas. I wanted to make sure that we had all the bills in for six months so that we can look at those and see, you know, where -- where we have extra money. We have interest income we might be able to use in some areas, and I have some suggestions with that, but I wanted to see what the windows came in at first, to see -- that's our big-ticket item. The other big-ticket item is the Ag Barn. COMMISSIONER LETZ: Where are windows on this one? MS. HARGIS: The windows are under the courthouse. COMMISSIONER LETZ: In that thirty -- MS. HARGIS: That 16-675-563. And, again, there's 4-27-09 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 48 no budget in here, because you don't make a -- you made the original budget and that's it, so it doesn't show up on this statement. COMMISSIONER LETZ: But -- okay, on the courthouse, on 563 -- THE WITNESS: Mm-hmm. We spent so far, year-to-date, $34,040.81. COMMISSIONER LETZ: That's on the electrical and all the courthouse yard stuff? MS. HARGIS: We're way under on that. Remember, we had about 100,000 set aside for that. Tim has done an excellent job on keeping all of the things that he had way under budget, and we've even paved the road out here. MR. BOLLIER: Mm-hmm. MS. HARGIS: And so we're doing really well with those funds, and we are earning -- COMMISSIONER BALDWIN: If you can call that paving. MS. HARGIS: Not a lot -- huh? COMMISSIONER BALDWIN: If you could call that ~ paving. MR. BOLLIER: Splattering. Splattering, Commissioner. JUDGE TINLEY: Sealcoating. COMMISSIONER LETZ: Where's the -- I guess when we did that project, we set aside -- 4-27-09 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARGIS: 100,000. COMMISSIONER LETZ: -- 500,000 for the Ag Barn project. Where's that money in here? Where do I see that sum? MS. HARGIS: It's not going to show up in this budget. I'll have to run you the original. COMMISSIONER LETZ: Okay. I guess that's my question, was why it wasn't -- MS. HARGIS: Yeah. It's not, because it's -- it's a one-time budgeted situation, and you don't -- it's -- COMMISSIONER LETZ: It's there. These are things that we're actively spending right now; we know how much it's going to be. MS. HARGIS: Right. COMMISSIONER LETZ: All right. MS. HARGIS: So, a capital budget is different from your regular, and keeps rolling, so you have -- you budget it one time. JUDGE TINLEY: Any more questions on the six-month financials? COMMISSIONER WILLIAMS: Looks good. JUDGE TINLEY: Thank you, ma'am. We appreciate it. Let's go to our 10 o'clock item at this time. I will recess the Commissioners Court meeting and I will open a public hearing for the final revision of plat for Vistas Escondidas 4-27-09 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 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard with regard to the final revision of the plat for Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129, located in Precinct 4? Seeing no one coming forward, I will close the public hearing for the final revision of plat for Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129. (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And I will reconvene the Commissioners Court meeting, and let's go to Item 7, if we might. Presentation to review the insurance expense for fiscal year '08-'09. Ms. Mabry? Ms. Hargis? MS. HARGIS: Judge, before we go to that one, I'm sorry, there is a point that I need to bring up on -- on the budget that -- on the annual financials. JUDGE TINLEY: Are we back on Item 6? MS. HARGIS: Item 6. First of all, I wanted to report to you that we did receive kind of a bonus from the 4-27-09 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 .state of Texas. We had got a sales tax -- one-time sales tax amount of $106,340. There was a $22 million airplane sold at the airport, and we were the recipient of that -- of those sales tax. We do have a letter from the State. Okay. The other thing -- so that kind of increases, and we weren't running that far behind, so if we did, that kind of takes us over. The other thing that I was asked to remind you about is the budget that we have on the airport, and that -- the new one that is being submitted to us is probably 100,000 more or 120,000 more than we had last year. JUDGE TINLEY: Total? MS. HARGIS: Total. JUDGE TINLEY: Okay. MS. HARGIS: And -- and we have been asked for some additional funds out of this year's finances for $200,000, so I just wanted the Court to be aware of that. I haven't heard -- but if you don't have copies of the budget that were submitted on the airport from last year, I would suggest that y'all review that. What we -- you know, we said we would do with the City on that, both in the Animal Control -- you know, we take over 100 percent of that this year, so there's quite a bit of, you know, extra cost there that we need to review. So, I did not have a chance to make a copy of all this for y'all, but I will get it to you so you can review that. 4-27-09 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 We did -- going back to Item 7, we did a little Power Point presentation for you to try to explain the health insurance to the best of our knowledge. We have used not only the data that we collect in the financial statements, but also Ms. Hyde and Ms. Williams have prepared kind of a cumulative spreadsheet as well as a fiscal year-end spreadsheet. We've kind of used that as a background. So, if you'll kind of go with me, this is the -- you know, how the money moves in the group insurance plan. Originally, Ms. Hyde had asked for us to budget in a range of 275 employees; however, we don't have that many employees, so we didn't budget but -- and then the insurance agent also gave us another parameter, which was the ceiling that he wanted us to use. In other words, the upper amount of money that they felt we would use was 2,213,383. The floor, or the minimum amount that they thought we would use, was 1,847,352. The amount we chose to budget was 1,834,306. We based this -- we had 264.5 active employees, and at the time that we budgeted, we had 240 employees that were actually on the roll. And rather than budget an additional 400,000, which would have been another penny and a half, I used the 240, and then opted to use the money that we had in the health reserve, which I had talked with Gary Looney, our insurance agent at the time. The premiums and claims -- our budget includes what we take from the employees' paychecks. 4-27-09 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 What we budget is based on that employee. We get additional funds from dependent coverage, retiree payments, stop loss reimbursements, and COBRA payments. Now, the significance of that, I would like to -- to kind of stay -- when we had the floor of a million, eight, Mr. Looney explained to me that when he uses the floor for us to budget, that he anticipates we will get that additional revenue to bring us up pretty close to the ceiling, and that's the reason why he doesn't suggest that we -- or didn't suggest this year that we budget the ceiling. So, that's the reason why we budget the floor, and then we use the money we get for dependent care coverage and these other items to get to the -- to the ceiling. Here are the current numbers. We've spent $1,207,464.85 for the claims. The fixed costs, that's what we pay to the carrier to do our work, 193,453.70, for a total of 1,400,918.55. That's what we have spent through the middle of April. We actually twicked this and actually knew what we spent through that time period. The budget, again, doesn't account for the dependents coverage of 136,348.50. $20,070 was received from retiree payments. Employee leaves of 322.50, COBRA of 1,557.15, and due to Eva's outstanding work there, we have received back on our claims $261,055.38, for a total that we actually spent out of our budget, 981,585.02. Now, we're guessing for the rest of the year -- and Eva and I spoke a little bit about this. We've actually 4-27-09 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 spent 981. The budgeted amount so far through the middle of April was 993, so we're a little bit under, not a lot. We have a few more items that we -- we do pay out. We have a little bit of interest income. We've transferred out $960 for COBRA, so it actually brings us to a total of 980,399.91. We project that we will be at 1,809,969.09 as far as the budget is concerned. This is the budgeted amount. This is the projected amount and the difference. It's not a lot, but it is under budget. In addition to that 24,000, the first two months of the year, we tried actually transferring money that was from positions not filled, and so we have a balance in our reserve account of 102,704; that's actual cash sitting there that we need to spend. So, we have $127,041 over and above our budget to spend for insurance. JUDGE TINLEY: You -- for positions that weren't filled, but for which there were -- MS. HARGIS: Budgeted funds. JUDGE TINLEY: -- funds allocated in a budget for I, health care costs for employees, you just slid that over into a reserve account? MS. HARGIS: We did. We sent it over to a reserve account. You actually have a Fund 11 in your financials today, and that Fund 11 is a health reserve account. It was a -- very much of an accounting nightmare for the three of us, and -- and was very difficult to monitor, so we're going 9-27-09 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 to try to come up with a different way of perhaps doing something like that this next year. Because the only way that the money is moved out of the budget line items is through a -- an employee actually sitting in that seat and actually being paid a salary. Otherwise, the budgeted money remains in the line item. So, between Eva and Mindy and. I, we have some suggestions that we'll bring up at the current budget as to ways we might get around that this year. We are proposed to stay in budget, but that's a big crystal ball. I don't know if we're going to have some more really big claims. The trend that I've looked at is -- and Commissioner Williams actually brought this up, I guess, a couple of months ago; that at one point in time you did put money into insurance, and I looked back, and in 2003-2004, you actually did go over by $283,000, and it worked itself down. And so there's a fluctuation on the insurance. What we find is, we're on a calendar year for the insurance, so what happens is October, November, and December, everybody rushes to the doctor to get those claims done. In addition to that, we had some really high claims in those months. It is traditionally, from what I can see -- 'cause these books only go back to 2003-2004. The trend in the summer is down. Every year that I look at it, there's very -- the claims go down significantly during the summer months. People are traveling; you know, they don't want to go to the doctor. 4-27-09 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 picks back up again in September, because they know that it's going to -- their calendar year's going to end, and kids go back to school. I can't guarantee that we aren't going to have another person have a major illness, and that's -- that's a big crystal ball. You know, in the -- COMMISSIONER LETZ: But even -- MS. HARGIS: Go ahead. COMMISSIONER LETZ: -- with major illness, it still is $40,000 or 50,000. MS. HARGIS: No, we went to 70,000. COMMISSIONER LETZ: 70,000? COMMISSIONER WILLIAMS: Stop loss of 70? MS. HARGIS: We did, so that is actually significantly increased. MS. WILLIAMS: Sixty. COMMISSIONER LETZ: Sixty? MS. HARGIS: 60,000. I can't hear you. Even on the phone, I have a hard time hearing. 60,000. So, that's an additional 10,000 that we picked up on every claim. And we have had about four or five major claims, so that means we have $50,000 of that we wouldn't have had last year. COMMISSIONER LETZ: Right. MS. HARGIS: So that's something we might want to look at again. I think that my suggestion, and you can do 4-27-09 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 what you will with it, is that we form a committee that we didn't have last year of myself and Mindy and the Judge; we meet with the insurance agent and come up with other, you know, variables to present, perhaps, ways of putting it on the books from different types of policies. Because we may be coming to the point where it's cheaper for us -- and she knows more about insurance than I do -- for to us buy a policy that just pays a premium rather than take a stop loss. We need to look at that kind of variable and see where we're I at. COMMISSIONER LETZ: I like your wording on that, but I think it needs to be a workshop. The whole Court needs to be present for it. Insurance is such a big-ticket item that I think we all need to be involved in that one. COMMISSIONER WILLIAMS: I would prefer a workshop I on it . MS. HARGIS: But we definitely -- COMMISSIONER LETZ: But on those topics right there, talk about what you mean. COMMISSIONER WILLIAMS: What options are available. COMMISSIONER LETZ: What other options, other than I what we have. MS. HARGIS: Well, and what the cost is, and get the preliminary -- we had a visitor. (Laughter.) What we -- what we need to deal with. I mean, Commissioner Oehler's 4-27-09 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 right, this is a very big-ticket item, and it's something we need to be very concerned about. And I hope that this has helped some. I -- I would like to see it better than it is. But I'm concerned that we're going to go over, even totally -- totally, as far as all claims are concerned, we probably will go over the ceiling. And there's -- you know, there's really not any way I can predict that. Some years you have good years, like the year before we didn't have but one or two, and -- and so we were fine. We still have -- but, you know, we have to -- my biggest problem last year was we were giving huge raises; we were already going up significantly on the tax rate. So -- (A dog entered the courtroom.) MS. HARGIS: I looked and I saw him, and I went, COMMISSIONER WILLIAMS: He's coming to check on his I health care. MS. HARGIS: Wanted to know how his health care was doing. (Laughter.) Y'all didn't see it, did you? (Discussion off the record.) MS. HARGIS: They have health insurance for animals now; a lot of people are getting it. JUDGE TINLEY: Any possibility we could get a -- a totally employee-funded supplemental for vet services added to our -- to our grocery list? 4-27-09 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 MS. HARGIS: Anything you want, I'm sure we can supplement. COMMISSIONER OEHLER: Definitely need a stop loss. MS. HARGIS: So... JUDGE TINLEY: Any -- any questions for Ms. Hargis or Ms. Mabry on the presentation? COMMISSIONER WILLIAMS: Given the imponderables of health insurance each year and the unknowns, I think for a six-month report, this is pretty good. JUDGE TINLEY: Thank you, ma'am. We appreciate that. Let's move to Item 8; consider, discuss, and take appropriate action on approval of audit reports for Kerr County Justice of the Peace Precincts 1 through 4. MS. MABRY: Good morning. I conducted the audits of J.P.'s 1 through 4. The audit period is last fiscal year, so it ended 9-30-08. Just a few items. They all did really, really well and were very welcoming to me, and I do appreciate their cooperation with everything. There were a few issues. Most of them were corrected immediately, such as security of cash funds. It's just a few internal control issues that were -- that were corrected immediately. There were very few clerical errors, very few major issues, and all of these things were either corrected then or will be corrected by the next audit period. JUDGE TINLEY: Any questions on the audit reports 4-27-09 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 for the J.P.'s? Thank you, ma'am. We appreciate your report. MS. MABRY: Thank you. JUDGE TINLEY: Oh, you got a question? COMMISSIONER LETZ: No, I like them. They're good. I like the way -- the format of the report. JUDGE TINLEY: Let's move, then, to Item 9; consider, discuss, and take appropriate action on the annual audit of Chapter 19 Voter Registration funds for the period October 1, 2007 through February 28th, 2009. Ms. Hargis? MS. HARGIS: This is one of the -- of the first audits that we were doing on Diane's office, because she has several different departments under her authority. (Commissioner Baldwin left the courtroom.) MS. HARGIS: This particular one is Voter Registration funds that she receives to offset some of her voter registration costs. And I have given you a background on this, because I don't know that you've seen this before, and the scope of the work and what we did. We found everything to be pretty much in order. We made a few suggestions for the future, to be even more organized than they already were. I found the internal control to be -- to be very good, and I'm looking forward to working with them again on the next one, which will be the vehicle side of her department. Any questions? 4-27-09 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 JUDGE TINLEY: Is there a need for us to actually approve this report? MS. HARGIS: No. This -- as you can see, and I do want -- and Diane wants me to be sure to point out to you, this particular fund, voter registration, is under her purview and is under her direction and her budgeting, and you have no authority over that. But I do feel that you needed to know that it was being taken care, of as well as the taxpayers, so that's the only reason we audited it. JUDGE TINLEY: So, it's presented as an informational item? MS. HARGIS: That's it. JUDGE TINLEY: Thank you. Any questions for ~ Ms. Hargis on that matter? COMMISSIONER WILLIAMS: No, thank you. JUDGE TINLEY: Let's proceed to Item 11, if we might; consider, discuss, and take appropriate action for acceptance of the final revision of plat for Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129, and located in Precinct 4. MR. ODOM: Yes, sir. JUDGE TINLEY: Mr. Odom? MR. ODOM: Thank you, Judge. Mr. Nelson owns Lots 128 and 129 and desires to combine these lots into one lot, 128R. This revision of plat, again, is in Precinct 4. At 4-27-09 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 this time, we ask the Court to accept the final revision of plat for Lots 128 and 129 Vistas Escondidas de Cypress Springs Estates. COMMISSIONER OEHLER: So moved. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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. We'll move to Item 12; consider, discuss, and take appropriate action to release the Western Surety Bond Number 70271788, and accept the C.N.A. Surety Bond Number 0601-70271788. I'm puzzled as to why the same number follows the C.N.A. surety prefix. MS. HOFFER: I don't know; that's how it was I written. MR. ODOM: I'm not sure. I don't know. MS. HOFFER: I don't know. That's how it was written on the paperwork. JUDGE TINLEY: Actually, the C.N.A. number is 0601? MS. HOFFER: Yeah. I don't know if they did the 25 I second as a reference to -- 4-27-09 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 MR. ODOM: To the first. MS. HOFFER: -- the first one. I don't know, but that shows how it was written. MR. ODOM: Megan Manor is a subdivision that was platted in the '80's but never built until a couple of years ago. Kevin Spraggins did the engineering for Vordenbaum for Nava Development, Limited. They would like for Misty Lane to be a County-maintained road. Wayne Wells did an inspection February the 25th of '08 and noted five deficiencies. These items have to have been completed to county specs as of March the 26th of '09. (Commissioner Baldwin returned to the courtroom.) MR. ODOM: At this time, we ask the Court to release the Western Surety maintenance bond and accept a C.N.A. security bond for $25,086. This new security bond would be good until March the 26th of 2010. COMMISSIONER WILLIAMS: That's sufficient to cover the work that remains? MR. ODOM: Yes, sir. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 9-27-09 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 13; consider, discuss, and take appropriate action to release the Letter of Credit for Ranches of Sunset Ridge, and accept a maintenance bond for a year to finish the remainder of items to be completed, same located in Precinct 3. I Mr. Odom? MR. ODOM: Yes, sir. The Ranches of Sunset Ridge have a Letter of Credit Number 221, for $313,735 that expired on the 26th of March of this year. Wayne did a maintenance inspection on January the 14th of '09. He noted several deficiencies. We are asking the Court to release the original letter of credit and accept the maintenance bond 5050114 for $88,681.28. Maintenance bond would be good for one year and would expire on April the 15th, 2010. At this time, we ask the Court to release the Letter of Credit 221 MR. ODOM: Yes, sir. COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded for 23 24 25 4-27-09 and accept a maintenance bond 505114 for one year. COMMISSIONER WILLIAMS: Is this the subdivision on the end of Wilson Creek Road? COMMISSIONER LETZ: Yes. 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 approval. Question or discussion on the motion? Mr. Odom? MR. ODOM: Yes, sir? JUDGE TINLEY: Are there some deficiencies that need to be accomplished on the original requirements for the subdivision? MR. ODOM: That is correct. JUDGE TINLEY: Is that the reason for the I maintenance -- THE WITNESS: That's right, sir. JUDGE TINLEY: As to those items that are going to -- that should have been completed before the maintenance bond was put in place, then, you're not going to get a one-year maintenance bond on those items, but some period less than. MR. ODOM: It will be -- if they accomplish what they are -- the deficiencies, then we will go out and we'll take a look at and release that bond, and we will accept it for maintenance. But we've come to the Court. These people have drug their feet. They haven't done the deficiencies that were brought out, and so we're trying to get grass -- one of the problems is 50 percent grass during the drought. They didn't get anything, and we're just not -- there's some other deficiencies too with each one, but this is something that's come up. They've had an opportunity. We -- this is a way to try to address this, or we will not accept it for 4-27-09 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maintenance; I'll come back to the Court. JUDGE TINLEY: But a maintenance bond -- and correct me if my understanding is not correct. We take a one-year maintenance bond when all the requirements are completed to insure that they've been done properly, and that one-year maintenance bond gives us the comfort zone that if anything goes wrong within this initial one-year period after completion, we can call on the contractor, and if the contractor doesn't do it, or the developer, we can then call on the surety -- on the bond. MR. ODOM: Right, sir. JUDGE TINLEY: Okay. So, if we take a maintenance bond beginning today, the original requirements are not done until, let's say, two months from now. We're only getting ten months protection back on the maintenance bond as to those items, correct? MR. ODOM: Correct. COMMISSIONER LETZ: Correct, but in this situation, the deficiencies are not structural to the road, I don't think. MR. ODOM: No, they're not structural. COMMISSIONER LETZ: The deficiencies are lack of grass on the right-of-way and -- JUDGE TINLEY: Okay. 25 ~ COMMISSIONER LETZ: -- grooming and some other 4-27-09 67 1 I things. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: Grooming, not structural. The infrastructure itself is well intact. It's just some other minor things that need to be addressed. We've come to the Court at this point. We've gone to the bonding company and all, and the developer, whatever, has drug their feet, and we just -- we gave an ultimatum; today was the day, and we got our maintenance bond to that or we would not accept it for maintenance. It was very simple to me. COMMISSIONER BALDWIN: The maintenance bond does run for one full year? MR. ODOM: Yes, sir. COMMISSIONER BALDWIN: Okay. MR. ODOM: But if they get it complete, then we'll go inspect it. At that point, then we'll come to the Court and release it. COMMISSIONER BALDWIN: Just like you do on all maintenance bonds. MR. ODOM: Just like all maintenance things. If '~, they don't do it -- and I would say by the lst of September on all of them. They've had more than ample time to get the grass started, and if they don't do it, then it -- certainly, we have that year, but I'll come to the Court probably in JUDGE TINLEY: Okay, you cleared up the issue in my September. 4-27-09 1 2 68 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'l1 go to Item 14; to consider, discuss, and take appropriate action regarding changing positions within the position schedule within Road and Bridge. MS. HYDE: Mr. Odom came to me and asked me to help him with this. It's real simple. We want to -- we want to change a 14-1 to a 17-1; that's in Line Item 15-600-105, and then flip it, a 17 to a 14-1 in 15-611-111, so that he can redo his peoples. JUDGE TINLEY: There's no budgetary impact? MS. HYDE: No, sir. MR. ODOM: No. MS. HYDE: There's just a change in position, and we would have to move it. COMMISSIONER LETZ: What are the -- what are the 23 24 25 4-27-09 MR. ODOM: Changes is that I -- originally -- COMMISSIONER LETZ: Not people, just positions. MR. ODOM: Not people. I can't talk people. What changes? 69 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 have is a person in 600 in the office that I originally set up for a 17-1 before it was hired. When the budget came out, I had a 14-1 instead of the 17-1, and I had the 17-1 in the 611 budget. And I didn't hire all the slots that I had; they were 14-1 slots, beginners, or someone that was starting with our maintenance program. So, I filled the 611, and I still have the money for the 14. I had to hire the 14 -- or she was hired while I was out -- MS. HYDE: Sick. MR. ODOM: -- sick. JUDGE TINLEY: So, what you're doing is moving from your administration to your -- to your maintenance budget. You're switching employees. MR. ODOM: That's -- that's right. COMMISSIONER LETZ: Switching positions. MR. ODOM: Positions. JUDGE TINLEY: Yeah. MS. HYDE: That's it. JUDGE TINLEY: Positions, not employees. MR. ODOM: And the money is there. There's no j budget impact at all; it's there. I JUDGE TINLEY: Strictly internal to your department. It's a management decision. MR. ODOM: That's correct. COMMISSIONER WILLIAMS: Move approval. 4-27-09 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 70 COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion on the motion? COMMISSIONER BALDWIN: It is an internal decision, and there's no budget impact to this year's budget, but it will impact them from now on. COMMISSIONER COMMISSIONER COMMISSIONER a 14 went to a 17, and COMMISSIONER COMMISSIONER COMMISSIONER JUDGE TINLEY COMMISSIONER COMMISSIONER figure it out. LETZ: Not next year. BALDWIN: Sure. LETZ: 'Cause he got rid of -- went a 17 went to a 14. WILLIAMS: Right. BALDWIN: Just try and watch. LETZ: Yeah. Resident soothsayer, do we have? BALDWIN: Yes, sir. WILLIAMS: He's got six months to COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Okay. 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. Gentlemen, 4-27-09 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 are we close enough to 10:30? Yes. I'm going to say we're at 10:30 now, right on schedule, as we always are, and we'll go to Item 15 and open the bids for courthouse windows and distribute to appropriate personnel for review and (Commissioner Williams left the courtroom.) COMMISSIONER LETZ: Here you go, Judge. JUDGE TINLEY: Okay, first bid that we have is Dwayne Chessman, d/b/a Wildwood Designs. Base bid, stipulated sum, 244,935. Alternate 1, deduct 4,750.00. Additionals, overhead and profit, 20 percent. Next bid that we have is from Foxworth-Galbraith. Stipulated sum, $234,400. Alternate 1, deduct 10,000. Bid time, 60 calendar days. Overhead and profit, an additional 20 percent. (Commissioner Williams returned to the courtroom.) JUDGE TINLEY: The third bid that we have is from White Construction. Stipulated sum, $420,220. Alternate 1, deduct 7,500. Bid time, 180 calendar days. Additional overhead and profit, 20 percent. COMMISSIONER LETZ: Move we accept the bids and refer them to Maintenance -- and, Judge, y'all were the two that did this, didn't you? Weren't you and Tim -- JUDGE TINLEY: Yeah, and -- and Peter Lewis assisted with the specs and -- and some of the bidding 4-27-09 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: That's -- I'll refer it to you two. If y'all want, you can bring in whoever you want; JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Second. JUDGE TINLEY: I have a motion and a second as indicated. 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. That motion does carry. Mr. Trolinger, I get the impression that yours may be a matter of some length. Yes or no? MR. TROLINGER: No. This is just to kick off the I matter. JUDGE TINLEY: Okay. Let's quickly go to Item 16 before our recess; consider, discuss, and take appropriate action to establish confidentiality agreements between Information Technology and the offices served by Kerr County Information Technology. Mr. Trolinger. MR. TROLINGER: Thank you, Judge. There have been some issues recently that -- that bring this to light. The Sheriff has asked me to -- to explore a confidentiality agreement with each office I.T., Information Technology, serves. I'd like guidance from the Court on how to proceed. 4-27-09 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 Technology policy, but the guidance that I need is the wording. Should we go to the extreme where we have the FBI's step-by-step, item-by-item callout of the issues? Or do we have a more broad, lowest common denominator agreement, something that might apply to Environmental Health that would apply to all the offices? COMMISSIONER BALDWIN: John, did you -- you said that the Sheriff requested this? MR. TROLINGER: I went to the Sheriff and talked to him a little bit about it, and he brought this up. COMMISSIONER BALDWIN: So you asked him to request it, then. So, why would you want confidentiality agreements? Tell me. Give me a reason. MR. TROLINGER: Well, we've got criminal justice information system which applies to a lot of the offices, and that -- and that's a pretty good agreement that's in place now, but I feel that I need to assure individual office holders and department heads that the information that we hold and access is confidential. We don't -- you know, Information Technology takes that very seriously, that -- COMMISSIONER BALDWIN: Like -- like the County I Attorney or the D.A. or the Sheriff? MR. TROLINGER: Yes. 25 ~ COMMISSIONER BALDWIN: Somebody like that? 4-27-09 74 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: Yes, sir. COMMISSIONER WILLIAMS: What does that -- what does that assure, if you're faced with a court order to -- to provide information? MR. TROLINGER: I don't understand. COMMISSIONER WILLIAMS: What are you assuring in that confidentiality agreement if you are faced with a court order or a -- a law enforcement agency above and beyond the Sheriff that's coming in looking for information? MR. TROLINGER: I don't know. COMMISSIONER WILLIAMS: Where does that place you? COMMISSIONER LETZ: I guess -- MR. TROLINGER: I don't know. That's -- that's why I need help on actually drafting the agreement, to address those concerns. JUDGE TINLEY: Have you -- have you discussed this at any length with the County Attorney? MR. TROLINGER: Not specifically, no. But definitely, you know, the County Attorney would be involved -- I could see the County Attorney being involved, if it's the Court's pleasure. JUDGE TINLEY: I could too. COMMISSIONER WILLIAMS: That's a good start. COMMISSIONER LETZ: I guess my question -- I don't understand why we need agreements between departments. I 4-27-09 75 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 mean, we make policy. If it's the policy that we don't share the information, we don't share the information. MR. TROLINGER: Okay. COMMISSIONER LETZ: It's a termination type, you know, violation to me if you do. And I think, to me, that's the -- I mean, I don't want to get into a situation where we're having contracts between departments. COMMISSIONER BALDWIN: That's where my thinking was going. MR. TROLINGER: I see. COMMISSIONER LETZ: To me, this is -- you just -- we need to assure other departments that everyone's, you know, keeping this information confidential. We need to change our -- add it to our overall policy, to me, and then -- and make it -- depends on if it's serious enough. If they're in violation, automatic termination or something. Or, you know, probably don't want "automatic," but termination. I~~ COMMISSIONER WILLIAMS: What does the I.T. policy currently say with respect to confidentiality of data? MR. TROLINGER: Good question. It's -- it's vague. It does not specifically address the subject. COMMISSIONER WILLIAMS: If it's vague, then let's strengthen it rather than get into this interdepartmental agreement type situation. 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 76 MR. TROLINGER: Okay. JUDGE TINLEY: Yeah, that would be one of the considerations, I would think, when you sit down and go over this entire subject matter with the County Attorney. You know, maybe the conclusion is we -- we may need to amend our ~ policy and forget about the agreement, or we may need both. I I'~i But my direction to you would be sit down across the table from the County Attorney and tell him what you see are the issues, and let him start getting his teeth into it. Come back with a recommendation, and then bring it back to us. MR. TROLINGER: Good. I will do that. I agree, the I.T. policy can be strengthened, and hopefully some type of sign-off that -- I.T. policy currently is not required to be implemented. It's up to the department head or the office head to implement the policy, and that might need -- that might need strengthening also. COMMISSIONER LETZ: I think the I.T. policy, once it's adopted by the Court, every department's obligated to follow it. COMMISSIONER WILLIAMS: Right. MR. TROLINGER: Okay, very good. COMMISSIONER WILLIAMS: Exactly. It becomes the 25 ~ follow our policy. 4-27-09 ~~ 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: Very good. That answers that. COMMISSIONER LETZ: And I phrase it that way because there are some departments, such as the D.A.'s, that -- you know, or Adult Probation, some of these other departments that I'm not sure -- I mean, they're not under ~ our authority, but they do use our money. And if they use our money, they're going to follow our policy, in my mind. COMMISSIONER WILLIAMS: You got it. COMMISSIONER LETZ: Also, after you visit with Rex, !~ you need to make sure this is coordinated, I think, through Eva, because this is -- I.T. policy is part of our overall ~~, policy. MS. HYDE: I.T. policy was approved on June 14th of III 2004. And y'all will get a chance to look at it today, L because you've got to get updates, and that's one of the I ~I things that, although it's been approved, there's a little ticker by it that we need to review it, and is it really what we want? Because we're not really -- is it really what you I want? COMMISSIONER LETZ: Well, certainly, our personnel policy needs to refer to our I.T. policy, if it's not part of it. I mean, they certainly need to refer to each other -- MS. HYDE: It's in there. COMMISSIONER LETZ: -- that way. MS. HYDE: Otherwise, I got to make sure -- you 4-27-09 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know if there are violations, and we're serious about people violating it, that -- it's tied to that, 'cause that's what the employees sign. JUDGE TINLEY: Any other questions, comments for Mr. Trolinger at this point? Let's be in recess for about 15 minutes. (Recess taken from 10:38 a.m. to 10:56 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might, from our recess. We'll move to Item 17; consider, discuss, and take appropriate action to submit a 2009 TRRN certification letter to AACOG in order to be eligible for any 2009 Homeland Security grants and allow County Judge to sign same. COMMISSIONER BALDWIN: So moved. '~ COMMISSIONER WILLIAMS: Second. I~, JUDGE TINLEY: Motion made and seconded for I approval. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. COMMISSIONER BALDWIN: That's patience. JUDGE TINLEY: Let's move to Item 18; consider, 9-27-09 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discuss, and take appropriate action to change the date for employee evaluations from May 25, 2009, at 1:30 p.m., to the following day, May the 26th, 2009, at 1:30 p.m. Commissioner Baldwin? COMMISSIONER BALDWIN: Judge, thank you very much. It's my understanding that May 25th is a holiday, so I don't think we'll be here to do our duties and represent the great taxpayers of Kerr County on that particular day. So, we're going to have to -- and that's a regular meeting day, too, ~ isn't it? COMMISSIONER WILLIAMS: Yes. ', COMMISSIONER LETZ: Yes, it is. COMMISSIONER BALDWIN: So we're going to move -- move it to Tuesday, May 26th, at 1:30, the evaluations of our employees. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for ~ approval. 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 go to Item 19, six-month review of the Juvenile Detention Center. Mr. Stanton? 4-27-09 80 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. STANTON: Good morning. I understand I missed the County Auditor's presentation, but -- COMMISSIONER BALDWIN: Were you here? MR. STANTON: No, sir. COMMISSIONER BALDWIN: Well, you missed it, then. MR. STANTON: I walked in right at the tail of it. COMMISSIONER OEHLER: I guess you'd like one too, being as you're going to do this. MR. STANTON: Thank you, sir. COMMISSIONER WILLIAMS: Have we changed the court date also? Court date also to the 26th? COMMISSIONER BALDWIN: No, I can't do everything for y'all. COMMISSIONER WILLIAMS: One for the clerk. MR. STANTON: Basically, what you're looking at is a breakdown of the -- our monthly totals for each month. As far as the revenue is concerned. Comparing the '07 to '08, the '07 -- what we did in '07-'08 is in the green columns. And the white columns, '08-'09, is what we've done so far this year. Right now, we're 27.81 percent ahead of where we were at last year as far as on the billable days, and also on the juveniles, we're about 27.86 above where we were at last year as far as the number of kids that we're dealing with. So far this year, we've billed out $235,260 to all the counties that we contract with for services. And if we keep 4-27-09 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 81 going at the -- if we keep going at the rate that we're going, the number down at the very bottom, the 470,520, that's without counting April into it. In April, this current month, the current -- yeah, April, that we're currently in, it looks like we're going to bill out right at $65,000 for the month of April, which will increase our projected totals to around $514,525 in revenue. And I know the big question is always, well, how much is Kerr County paying and how much is the other counties paying? And this is a breakdown of that. COMMISSIONER OEHLER: Pretty good assumption on COMMISSIONER BALDWIN: Kevin, let me ask a question. How much is Kerr County paying and how much is the other counties paying? MR. STANTON: So far this year, Kerr County has paid in $181,890. They've detained 213 juveniles, at a total of 2,021 days. The surrounding contracting counties that we've dealt with has -- has paid in $53,280. COMMISSIONER BALDWIN: Have we even increased the number of contracts in the last year? MR. STANTON: We have, sir. Yes, we have. We've increased the number of contracts, and we've also increased the number of -- of kids that we're getting from the other counties. Right now, this morning, when I left the facility, 4-27-09 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 82 we had 24 kids in the facility.. COMMISSIONER BALDWIN: Is that max? MR. STANTON: Twenty-five is the max. We had 24 this morning. We've averaged -- for the month of April, we've averaged 24 kids a day in the facility, and it's been about a 60/40 split as far as Kerr County and the surrounding counties for this past month. So, we are seeing a big increase in the amount of juveniles we're receiving from other counties. In fact, we got a phone call this morning. I think Uvalde's taking a kid out and bringing a kid in; they're just swapping spaces, 'cause they don't want to lose their space. So -- COMMISSIONER BALDWIN: Let me ask you a question. As I look at the John Deere -- I can't get my mind off John Deere tractors when I look at this thing. But you -- you started your comments by, "If we keep going like we're going today," then all these numbers are going to happen. And we're operating at the max, basically. So, you think -- you think that we're going to keep going with the 24 and 25 number? MR. STANTON: No, sir. No. COMMISSIONER BALDWIN: You don't think that at all? MR. STANTON: The numbers that you're looking at and the projected estimates are based on if you took the first seven months that we've dealt with and divided that, 9-27-09 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 83 and then -- and then spread it out over the rest of the year, that gives us an average of about 14 or 15 kids per day. COMMISSIONER BALDWIN: I see, okay. MR. STANTON: Out there. So, the projected revenue that we're looking at, the $514,000, is -- is based on about a 14- or 15-kid average. COMMISSIONER BALDWIN: And, you know, I've always been kind of curious; I know that -- well, I won't go there, but is there a -- is there a seasonal thing with juveniles and them getting into trouble? I mean, like, in the summertime, are they sliding down Ingram Dam and smoking more dope or what? MR. STANTON: Well, if you look at the -- the John Deere sheet, it -- COMMISSIONER BALDWIN: Yeah. MR. STANTON: If you look at '07-'08, and the months are out to the side, and you can kind of look at that. COMMISSIONER BALDWIN: Okay. MR. STANTON: During June, July -- summer months, it kind of decreases a little bit. COMMISSIONER BALDWIN: Decreases a little bit? MR. STANTON: Yes, sir. We go down a little bit during the summertime, and we go down a little bit toward the end of December and beginning of January, around Christmastime we don't have quite as many kids. But, you 4-27-09 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 84 know, the funny part -- and we -- we have stayed really -- and October of this year was a really big month, and then March and April, these last two months, have really been. We've never -- we've never billed out -- if you look on the sheet, we've never billed out over $50,000 in a month, and we're going to have back-to-back months of over $50,000 billables in the next two months. So, you know, hopefully it'll stay high and like it is. It's a good thing and a bad thing. I mean, we got more kids getting in trouble, but it's -- our population's staying up. COMMISSIONER WILLIAMS: How's your employment situation, your J.D.O.'s? Are you okay? MR. STANTON: Everything's fine. We haven't -- we've lost one employee, I believe, this year, and we've replaced him. It might have been last year, end of last year. JUDGE TINLEY: That's -- that's absolutely super. COMMISSIONER BALDWIN: That's a miracle. MR. STANTON: Yeah. We've got -- JUDGE TINLEY: That's always been a tough proposition for you. It's pretty high stress. MR. STANTON: We've got a really great group of people out there right now, and they're really dedicated to the kids and really work hard with the kids and stuff. One of the T.J.P.C. -- I know we love talking about them. One of 4-27-09 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 85 their mandates this next year, come September 1st, is that it -- and this is not a big deal, but we have to report -- I have to report to the governing board once quarterly, so I'll be coming more than often -- more often than I have been, at least once every three months to report. And they've got an outline of different things like how many escape attempts we've had, how many assaults on staff, those types of things, that list of what we have to report to the governing board, so I'll be preparing those. COMMISSIONER BALDWIN: Who is the governing board? MR. STANTON: You are. COMMISSIONER BALDWIN: I am? MR. STANTON: Yes, sir. COMMISSIONER OEHLER: That's scary. COMMISSIONER BALDWIN: Whew. COMMISSIONER OEHLER: We're in trouble. COMMISSIONER BALDWIN: Man. COMMISSIONER WILLIAMS: Yeah. Scaring you? MR. STANTON: And last, but not least -- and this is just something for you guys -- it's a breakdown of the counties. It's a breakdown of how many kids we've gotten from each county, what -- what's projected for rest of the year. The total detention days, the males, females, how many felony referrals we've got. We've seen about a -- oh, about a 23 percent increase of -- in felony referrals so far this 4-27-09 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 86 year, about a 31 percent increase in misdemeanor referrals over the past year's -- last year, and then if you look at the bottom, that's just a breakdown by county of how many kids we've received, billable days, and how much we've billed out for those counties. COMMISSIONER BALDWIN: Is anybody -- any of these counties slow to pay? MR. STANTON: Maverick County was, but we haven't really received too many kids from Maverick County any more. That was the -- that was the one county that we were having problems with, but we -- we've only received, I think, two kids from them so far this year. COMMISSIONER BALDWIN: That's Eagle Pass, Texas? MR. STANTON: Yes, sir. COMMISSIONER WILLIAMS: Uvalde seems to be a frequent user of your services. MR. STANTON: Yes, sir, we get a lot of kids from Uvalde. Kendall County is increasing a little bit so far this year. Llano. Llano's -- Llano's increased by over 200 percent from what they were last year. JUDGE TINLEY: Any other questions for Mr. Stanton? COMMISSIONER BALDWIN: Well, no, not from him, but for you, probably. If -- the reason for my question of counties not paying, wouldn't that be like if -- if we were going to start feeling a financial crunch in Texas, 9-27-09 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 87 wouldn`t -- wouldn't this possibly be one of the areas that you might see it? 'That -- a county paying a little late, at least, that kind of thing? JUDGE TINLEY: Well, we've had that -- we've had that issue in some other context where we have performed services for other counties, and I know there's one fairly recent instance where the County Attorney got into a dialogue with -- with the Maverick County officials. COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: Because of some difficulties. And they've had a tough time, you know. They built a jail down there, and based upon what they thought the feds had represented that they were going to fill that thing up and it was going to be a financial bonanza, and it hasn't turned out that way. But, yeah, that -- and the other thing that you see, this seasonal thing that you see in the summertime, where -- where the usage of the detention facilities drops off, is -- a couple reasons. Number one, the kids are out of school, so you don't have truancy issues, one of the components. Plus they're getting later on in their budget year and they're starting to run out of money. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: And -- and because of financial considerations, they don't -- they don't detain children. I mean, we see that. Kevin's aware of it. He -- it's 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 something you see almost every year. Start of a new budget year, fresh money, fresh state money that comes in, then they start ratcheting back up. And it goes down at Christmastime. Typical. MR. STANTON: Yes, sir. As far as the expenditure side of our budget and how that's going, we're right at 50 percent, from what I understand. So, we -- you know, we should be even a little ahead of that, but because of the number of kids that we've had in the facility, we've had to increase our -- the amount of food we've had to purchase and that kind of stuff. But I'm hoping that it balances out in the end and we're able to stay within the -- in our expenditure side of the budget also. I hope that we can do that. The only thing that's going on out at the facility that -- that some of you might be aware of and some don't, we had a boiler issue in the old building that has -- has decided it didn't want to work any more. You know, we're going to have to look for guidance from the Court as to what we want to do with that, whether or not we need to replace that boiler in the old building, or whether we don't want to. Tim told me that -- told me that it was going to be right at $30,000 to replace that boiler in the old building. We did get -- the only reason we use the old building is for washing i and drying of the clothes. We were able to install washers and dryers in the new facility in the building that we're in 9-27-09 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 89 Thursday and Friday of last week, and the only issue we're having with that is that we're still trying to figure out how to vent the dryers correctly as far as getting them outside. But I think we're going to work on that today and tomorrow, and we'll get that taken care of. COMMISSIONER WILLIAMS: There's no other purpose for which that boiler was used in the old building now, with it being shut down? MR. STANTON: Right. It was just for the hot water we were using for washing the clothing. COMMISSIONER WILLIAMS: We may want to wait and see what shakes out in Austin with something like that. JUDGE TINLEY: That would be my thinking. COMMISSIONER WILLIAMS: Good to see this thing stabilized, Kevin. Thank you. MR. STANTON: Thank you. I mean, we just take the kids we get in from the counties, and so we're just -- we're lucky that we're able to do that. But we've gotten a lot of good comments as far as from other counties as far as us being able to -- we've started helping the other counties as far as with -- with physicals and dental appointments and psychological assessments and those types of things, and they seem to be really -- that seems to be a big draw for a lot of counties, especially out-of-counties, because they have to come and travel all the way here and pick their kid up and 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 90 take them back for their appointments and those types of things, where we'll be able to transport them to our doctors and then we just bill the counties for those services. So, that's -- that seems to be a really big help to a lot of counties, and I think that's only one of reasons they seem to come back to us. JUDGE TINLEY: Other transportation, what are we doing there? MR. STANTON: As far as? JUDGE TINLEY: Are we transporting children? Are we going to pick up children, or -- MR. STANTON: No, sir. No, they bring -- they bring them to us. The only transports we do for other counties is -- is to and from doctor's appointments, and those are local doctor's appointments and dental appointments, yes, sir. The only other transport we do is for Kerr County, itself, and we bring the kids to and back and forth from court. JUDGE TINLEY: Any more questions for Mr. Stanton? Good job, Kevin. Thank you. MR. STANTON: Thank you. JUDGE TINLEY: We appreciate it. Let's move to Section 4 of the agenda, if we could, please. Payment of the bills. 25 ~ COMMISSIONER WILLIAMS: Move we pay the bills. 4-27-09 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for payment of the bills. Any question or discussion on the motion? COMMISSIONER WILLIAMS: I have one question of the Auditor, if you know. Page 17, under Indigent Health Care, I'm just curious as to what the circumstances might be where we would be doing hospital outpatient at the Hill Country Memorial Hospital for $6,000 on indigent health care, as opposed to maybe doing that here. That's my question. MS. HARGIS: I can't answer that. I don't know that we -- if they send them somewhere from here, they transport them to another hospital, we end up paying, 'cause we do -- COMMISSIONER WILLIAMS: Mindy's got her hand up. MS. WILLIAMS: There have been instances where it may be an emergency situation that the -- the individual is qualified for indigent health care; they're closest to that hospital and they can't transport them over here, so they just take them over there. COMMISSIONER WILLIAMS: Thank you. MS. HARGIS: But there's also procedures that we don't do here, and they'll transport them to another hospital. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Any other questions? Comments? All 4-27-09 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 92 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. Do we have any budget amendments? MS. HARGIS: No. JUDGE TINLEY: Any late bills? MS. HARGIS: No. 3. Do I hear a motion that those reports be approved as presented? COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded that the indicated reports be approved as presented. Question or discussion on the motion? All in favor, of the motion, ', signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) ' JUDGE TINLEY: The motion does carry. Section 5 of the agenda, reports from Commissioners in connection with their liaison/committee assignments. Commissioner Letz? 4-27-09 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comment earlier that was accurate about the budget going up next year, which increases our share. The main reason or component of that -- and I think there's really two, but the biggest one is they wrestled quite a bit at the last meeting about a reserve fund that they want to start building up. That would then take the City and the County out of the equation from having to fund projects. Other than some of the -- you know, the one that we're currently undergoing is probably so large that it would still probably come out, but they're trying to get to a point where some of the more routine type grants that we do have them coming on board almost every year, that that funding is built into the budget so they can start buying -- I can't remember the extent, but the reserve fund built up so they that they can anticipate a little bit more into the future. And the other thing -- component going up, I believe they are recommending an increase to the salary of the -- JUDGE TINLEY: Manager. COMMISSIONER LETZ: -- Manager, which is appropriate based on, you know, the information that I'm aware of, what they agreed to come on at. COMMISSIONER WILLIAMS: I agree with that. MS. HARGIS: I think the clerical staff also 4-27-09 94 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 received a little. COMMISSIONER LETZ: But that's kind of the main one. And the other item that we talked about, I think you're all aware of the acceleration of the Phase 2 of the drainage-slash-runway project. Well, that is coming in, and we're all aware that that's an unexpected $200,000 request. The -- it's a 95/5 grant, as opposed to a 90/10 that we were anticipating. We were anticipating having to spend 300,000, 400,000 next year, so while it's unexpected, it's half of what we thought it was going to be long-term. Doesn't change what -- you know, where the funding has to come from. But those are just a little bit of update on those two items. MS. HARGIS: The management contract? COMMISSIONER LETZ: Management contract is the same, I think, isn't it? MS. HARGIS: But they renewed it. COMMISSIONER WILLIAMS: They renewed it. COMMISSIONER LETZ: Yes, renewed the management -- the contract with the City, and it was no change in the amount, but -- COMMISSIONER WILLIAMS: But they're going to review it again more seriously this year. COMMISSIONER LETZ: Right. They took out -- certain items were removed from it. You know, it doesn't -- COMMISSIONER WILLIAMS: Doesn't change the bottom 4-27-09 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 95 COMMISSIONER LETZ: Right. MS. HARGIS: No, the amount stayed the same, 251,000. That stayed the same. JUDGE TINLEY: Anything else? COMMISSIONER LETZ: That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Just a little bit. Ag Barn, I don't know if anybody's been out there lately, but all the indoor arena panels have been repainted. We had somebody that kind of got into a situation and they needed to do some community service, and painted all of that indoor arena. It looks good, a lot of painting around the outside. And I believe that Tim's new maintenance shop is pretty well complete that's in the old horse barn, with -- including the cage for some for his tools and things that he can lock up and leave it, try to keep people from stealing. And, of course, I continue to work with Animal Control on a regular basis on various things that go on. And that's about it. I JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: I just have one comment, Judge. The Historical Commission -- I saw the whining going back and forth amongst that group last week of, should the County do the maintenance of the building and all that? And, of course, I agree. We own the darned thing; we should be 4-27-09 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taking care of it. But Dr. Luther hasn't seen fit to come to mention anything to me yet, but he's spoken to everybody in the great state of Texas about it, and now I see that he's COMMISSIONER BALDWIN: Well, we own the building; I think we need to take care of it, and I also think that we need to screen who uses the facility as well. And we'll get back -- get this back on the table here pretty quick, as soon as the doctor and I have a visit. COMMISSIONER OEHLER: Working on your liaison duties there, are you? COMMISSIONER BALDWIN: Yeah, sharpening things up, baby. JUDGE TINLEY: Anything else? COMMISSIONER BALDWIN: Do you want to trade? COMMISSIONER OEHLER: No, thank you. COMMISSIONER WILLIAMS: You got -- you don't have the library any more; you got room. COMMISSIONER OEHLER: No, I'm still on there. Whether I want to be or not. JUDGE TINLEY: Commissioner Williams? i COMMISSIONER WILLIAMS: I don't have a lot, Judge, but I just happened to notice a little missile from TAC here, 4-27-09 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that Senate Bill 700 by Senator Patrick, the revenue cap bill, automatic rollback elections, is on the Senate intent calendar for today, even as we speak, right at this moment. F.Y.I. COMMISSIONER BALDWIN: Has the House done anything with that, or is it Senate first? COMMISSIONER WILLIAMS: Senate first, I think. COMMISSIONER LETZ: I think Senate's doing it COMMISSIONER BALDWIN: And so if they pass it out of there, it'll do the same thing, go to the House? COMMISSIONER WILLIAMS: Go to the House. COMMISSIONER BALDWIN: Committees and all that stuff. COMMISSIONER WILLIAMS: Nothing on AACOG, Judge. JUDGE TINLEY: Okay. COMMISSIONER LETZ: One other -- someone brought up about the airport -- the library. I just thought it was an interesting bit of information on the -- Mr. Luther's comments on the old bowling alley, which I didn't know it was an old bowling alley. I don't know if y'all read that. He was asked by Councilman Gross to do an evaluation of the historical significance of the old private Schreiner -- the old building between the historical library and the -- what's the other thing called? Historical building? Historical 4-27-09 98 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 library? JUDGE TINLEY: History Center. COMMISSIONER LETZ: History Center. COMMISSIONER OEHLER: Yeah. COMMISSIONER LETZ: That was interesting, but it i was also -- I also thought it was interesting was Joe Herring's article. It was a different perspective. I mean, we're removed from the library a whole lot, at our own choice, and where they're going with a lot of that. I'm glad, but it isn't all roses over there still. COMMISSIONER OEHLER: I could give you more information on the library, but I'll leave that for now. COMMISSIONER WILLIAMS: Have you seen the grand plan? COMMISSIONER OEHLER: Yes, sir. I was there the I day they presented it. What do you want to know about it? I ~~ COMMISSIONER WILLIAMS: I'm afraid to ask. COMMISSIONER OEHLER: Looks like about $10 million. They have a million from H.E.B. JUDGE TINLEY: I think the million was initially for the purpose of doing the planning, and maybe administrative portion of the fundraising, but not beyond that. COMMISSIONER OEHLER: It's not gone beyond that. JUDGE TINLEY: I was on the original -- invited to 4-27-09 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 99 be on the original group to start hatching that thing, and I believe at the very first meeting, I indicated that I thought the former mayor, Mr. Joe Herring, Jr., would be somebody that should be brought in, and I don't know to what degree that was acted on or not acted on. Obviously, he feels like he has some input on it, because he -- he volunteered it. COMMISSIONER LETZ: We need to pass that plan around -- or put it on our agenda before we talk about it too much more and Rex tells us to be quiet. JUDGE TINLEY: Okay. Any elected officials have any reports? MR. EMERSON: I'll go. Very briefly, just, number one, we have a couple of TV's and DVD players that are going to be available if another department would like to use them. Because of the change in technology for law enforcement, we're essentially going to be moving to a laptop with a flat screen for looking at all of our law enforcement videos, so that will free up some TV's and DVD players. And an A.G. opinion that was hot off the press, sitting on the fax machine in the break, talks about the definition of "audit" that we sent off for to try to take the pressure off the Auditor performing outside audits, and it looks like they have come back and said that in light of the Texas State Board of Public Accountancy's view of the Occupations Code, a county auditor who is a certified CPA may ethically perform 4-27-09 100 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 audits under the Health and Safety Code. So, that frees up all the CPA's that are auditors to do that without MS. HARGIS: Just a brief -- JUDGE TINLEY: Auditor? MS. HARGIS: -- brief -- I've been working with the Windstream telephone company to determine how many connections we have in the building and how we might improve our system, or redo our system, and they're supposed to come back and give me some kind of a report, which should be ready by your next meeting. As you know, our voicemail situation went out this last week, but we also have no more connections. I mean, we have no more lines to hook up anybody. And I'm sure you're aware that Constable, Precinct 1, has no land line. He uses his cell phone. He gave up his land line for Indigent Health Care, because we needed that. So, we're talking to them about that. There's some options that we can use, so I just wanted y'all to be aware of it. And this all came about due to the fact that they kind of messed up our billing royally, and they're working on that as well. JUDGE TINLEY: Any other department heads? Speak 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 COMMISSIONER BALDWIN: Get her a megaphone. MS. HYDE: Be nice. COMMISSIONER WILLIAMS: What did you do, kill a tree? MS. HYDE: They have your names on them. JUDGE TINLEY: Let's see. Judge Tinley. Here's Judge Tinley's. COMMISSIONER WILLIAMS: Oh, I'm sorry. COMMISSIONER BALDWIN: Commissioner Williams. '~ Merry Christmas. COMMISSIONER WILLIAMS: Thank you. MS. HYDE: Number 1. COMMISSIONER WILLIAMS: No ribbon? MS. HYDE: Inside of it is the -- is the policy books. And I say "books" because I don't know what you guys want to look at. One of them on the front says it's got edits and strike-outs and all, and the other one is broken up into what we've kind of agreed to do, and then the two that are passed by court order, which was the I.T. in 2004 -- that's the only reason why I know that date -- and then the FMLA that was passed on the 12th of February. So, if you guys could give me a little direction on -- I know, Buster, you helped, and so did you, Bill, when you guys were kind of talking side by side. And I don't think the computer was doing real well; it's kind of hard to compare sometimes, at 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 least for me. But this way you can have side-by-sides. But we're almost done. We've only got really four sections, 'cause we can probably combine one. And the biggest thing in that is going to be the sick pay and the vacation pay. COMMISSIONER WILLIAMS: For the benefit of the Court, Ms. Hyde and I met to discuss employee evaluation strategies and forms and formulas and so forth, and I asked where we stood with the policy book. We had a couple workshops, and we got to a certain point and we stopped, and so it's probably time for to us pick that thing up and finish it, put it to bed, and that's the reason for the big packet. MS. HYDE: In the packet there should be a III one-pager that tells you, like, kind of what's passed, what's not. Looks like that. And that wa it made it real sim le, Y P 'cause that first one was like pages and pages that y'all had to go through of changes. That's it. JUDGE TINLEY: Other than giving a homework assignment, do you have any other -- anything else you want ~, to pass on? MS. HYDE: You've gotten through Phase 2 of the shots for the Hep A and Hep B, and so we're on the downhill stretch. We've only got one more to go. COMMISSIONER LETZ: Under these two that are both in 2/13's, what's -- what's -- MS. HYDE: Down there at the bottom on that front 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 page, sir. COMMISSIONER LETZ: It says Revised 2/12. MS. HYDE: The other one. The other one. COMMISSIONER OEHLER: This one here. COMMISSIONER LETZ: This one has scratch-outs and stuff in it. What's this one do? MS. HYDE: That first section with the -- with the wonderful seal of Kerr County on it, those are the ones that have been tentatively approved or passed by court order. The second set that still has a lot of gray and stuff in it, that's the ones that we haven't gotten really finished yet. COMMISSIONER LETZ: So, we need to get -- so we should focus probably on this part at our next meeting, or meeting after, probably, next meeting. COMMISSIONER WILLIAMS: Or if necessary, set -- be prepared to set a workshop date to finish it out. COMMISSIONER LETZ: To finish this one, and then when we get that, then we'll get the final one we can go through. MS. HYDE: If you want, you can look at the I.T. policy too. It probably -- like you said, it's included in both of them. COMMISSIONER LETZ: Okay. MS. HYDE: I went ahead and typed it up. COMMISSIONER LETZ: All right. 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 COMMISSIONER WILLIAMS: Good. COMMISSIONER BALDWIN: Let me ask you about the shots right quick. Has -- what do we -- we have two rounds of shots? MS. HYDE: Three. COMMISSIONER BALDWIN: Three rounds of shots. MS. HYDE: Yes, sir. COMMISSIONER BALDWIN: And like -- people like our Collections people do that, and police officers do that, and we don't do that. I mean, we could, I guess. But does everybody participate in that? MS. HYDE: No, sir. When we got the money, it was -- first it was because we were concerned about the money. I was only given $13,000, which was primarily for law enforcement, Juvenile Probation, and the Juvenile Detention Center. And then the next level was people like Collections, the J.P.'s, people that directly dealt with high-risk individuals. And so, that's how it kind of -- if we want to, we can add -- next year we could add the rest if we want to. COMMISSIONER BALDWIN: And so that's all we're dealing with as far as -- as giving shots, is our people? COMMISSIONER LETZ: These are rabies shots we're talking about? MS. HYDE: We've got -- Adult Probation is doing it, but they're paying us. They paid us to purchase and do 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 i it. COMMISSIONER BALDWIN: And you -- and you coordinate all that too for them? MS. HYDE: Yes, sir, with the Sheriff and his folks, and then with the different department heads. The first two shots were the ones that were critical, 'cause they could only -- they had to be exactly 30 days apart, which that's the trip, trying -- trying to get that done. 'Cause they wanted three days to get them, where they could get them. But if you do it Tuesday, Wednesday, and Thursday, which is what most of them wanted, that made the 30 days going into Thursday, Friday, and Saturday. Well, that didn't go over real well, so we had to really work together on what they could and couldn't do. This third shot, final shot, we can do that within four to six months, so we have a two-month, 60 -- you know, 60-day period. COMMISSIONER BALDWIN: Are we doing -- we're in the second round right now? MS. HYDE: We've already had both the first two. We'll hit the third round and we'll start these shots probably in June, based on what they want. And they can go any time within the 60-day period, so it makes it a whole lot easier for everybody. COMMISSIONER BALDWIN: Have you had yours? (Mr. Emerson shook his head negatively.) 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 COMMISSIONER BALDWIN: Are you going to? MR. EMERSON: Hopefully, I'm on next year's round. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Do you have any contingency plans for swine flu in the event that our employee group -- MS. HYDE: The C.D.C. hasn't even come out with what the contingency plan is yet. They know they're supposed to come out with some stuff this afternoon. They normally do their stuff late in the day. That way, if there's any discussions, people have to wait until tomorrow. So, right now we have nothing. To be just honest, there is nothing. JUDGE TINLEY: I contacted the Texas Department of Health and made that inquiry, if there were any plans on ~I contingencies in place or being thought of or proposed and being staffed locally for that particular situation. I notice that I had a call back from them. Obviously, I haven't been able to -- MS. HYDE: Texas Department of Health, like I said, even Friday, they were talking. If they do staff up, they're going to be staffing in San Antonio, the bigger areas to start with. And my response was, Guadalupe County's not too far away. So -- it's not. JUDGE TINLEY: I saw a news -- I believe it was a newspaper report where they'd already given some guidance to Guadalupe County because of the Cibolo situation. But I was 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 107 more concerned about what this local office had for this particular area. MS. HYDE: I know they're looking right now at how they can purchase enough to get it in here quick enough. COMMISSIONER WILLIAMS: Judge? Ray Buck wants to I talk. MR. BUCK: Oh? COMMISSIONER WILLIAMS: Do you bring us greetings from the U.G.R.A.? MR. BUCK: Well, I guess the old political adage -- I brought you rain. Because I get blamed for everything else, might as well take credit for something good. COMMISSIONER BALDWIN: Thank you. COMMISSIONER OEHLER: Come more often. JUDGE TINLEY: Yeah. Appreciate it, Ray. MR. BUCK: You're welcome. JUDGE TINLEY: Any other department heads? Elected officials? Going once, going twice. We're adjourned. (Commissioners Court adjourned at 11:35 a.m.) 4-27-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 108 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 1st day of May, 2009. JANNETT PIEPER, Kerr County Clerk BY : __ a~L~ ___ ___ Kathy anik, Deputy County Clerk Certified Shorthand Reporter 4-27-09 ORDER NO. 31274 INDIGENT HEALTH CARE COORDINATOR Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve changing the Indigent Health Care Coordinator position from a 14/1 to a 16/1 on the County's Step and Grade Salary Schedule effective May 1, 2009, with the funds to come from unexpended FY 2009 Indigent Health Care Budget line item 50-641-106, Hospital In-Patient. ORDER NO. 31275 KERR COUNTY TREASURER'S MONTHLY REPORT FOR MARCH, 2009 Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Accept the Kerr County Treasurer's Monthly Report for March, 2009. ORDER NO. 31276 QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING MARCH 31, 2009 Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Accept the Quarterly Investment Report from Patterson and Associates, as presented, for the quarter ending March 31, 2009. ORDER NO.31277 DEPOSITORY CONTRACT WITH SECURITY STATE BANK AND TRUST Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve amending Court Order No. 31256, for the extension of Depository Contract between Security State Bank and Trust and Kerr County, to include the County and District Clerk funds under LGC Chapter 117. ORDER NO. 31278 FINAL REVISION OF PLAT FOR VISTAS ESCONDIDAS DE CYPRESS SPRINGS ESTATES Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Oehler, seconded by Commissioners Letz/Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve the Final Revision of Plat for Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129, located in Precinct 4. ORDER NO. 31279 RELEASE WESTERN SURETY BOND #70271788 AND ACCEPT CAN SURETY BOND #0601 70271788 FOR MEGAN MANOR Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve releasing the Western Surety Bond #70271788 in the amount of $25,086.00, and accept the CNA Surety Bond #0601 70271788 for $25,086.00, which will be effective until March 26, 2010, for Megan Manor, located in Precinct 4. ORDER NO. 31280 RELEASE LETTER OF CREDIT FOR RANCHES OF SUNSET RIDGE AND ACCEPT MAINTENANCE BOND Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve releasing the Letter of Credit #221 for $313,735.00 for Ranches of Sunset Ridge and accept a Maintenance Bond #5050114 in the amount of $88,681.28 for one year, to expire on April 15, 2010, to finish the remainder of the items to be completed, located in Precinct 3. ORDER NO. 31281 POSITION SCHEDULE FOR ROAD & BRIDGE DEPARTMENT Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve changing the positions within the Position Schedule within the Road & Bridge Department: Change a 14/1 to a 17/1, Line Item 15-600-105, and change a 17/1 to a 14/1, Line Item 15-611-111, switching positions from the Administration to the Maintenance Budget. ORDER NO. 31282 BIDS FOR COURTHOUSE WINDOWS Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Accept bids for the Courthouse Windows from: Dwain Cheeseman, dba Wildwood Designs, Base bid stipulated sum, $244,935; Alternate 1, deduct $4,750.00; Additionals, overhead and profit, 20%. Foxworth Galbraith, stipulated sum $234,400.00; Alternate 1, deduct $10,000; Bid time 60 calendar days; overhead and profit an additiona120%. White Construction Company, stipulated sum $420,220.00; Alternate 1, deduct $7,500; bid time 180 calendar days; additional overhead and profit 20%. And refer to the Maintenance Director and Judge Tinley for review and recommendation. ORDER NO. 31283 2009 TRRN CERTIFICATION LETTER TO AACOG FOR ELIGIBILITY FOR 2009 HOMELAND SECURITY GRANTS Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve submitting a "2009 TRRN Certification Letter" to AACOG in order to be eligible for any 2009 Homeland Security Grants, and allow County Judge to sign same. ORDER NO. 31284 EMPLOYEE EVALUATIONS Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve changing the date for Employee Evaluations from May 25, 2009 at 1:30 p.m. to Tuesday, May 26, 2009 at 1:30 p.m. ORDER NO. 31285 CLAIMS AND ACCOUNTS Came to be heard this the 27th day of April, 2009, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 197,751.04 14-Fire Protection $ 22,494.77 15-Road & Bridge $ 36,293.55 16-2008 Capital Projects $ 7,250.84 18-County Law Library $ 4,715.74 19-Public Library $ 33,333.33 21-Title IV-E $ 171.10 27-Juv Intensive Prog-State $ 5,000.00 28-Records Mgmt & Preserv. $ 1,443.26 37-Center Point Wastewater $ 3,719.00 50-Indigent Health Care $ 40,022.67 76-Juv Detention Facility $ 10,033.59 77-Leose Funds $ 168.65 83-216th District Attorney $ 2,489.68 TOTAL $ 364,887.22 Upon motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 31286 MONTHLY REPORTS Came to be heard this the 27th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Monthly Reports from: District Clerk Constable Pct #3