1 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 Regular Session Monday, December 14, 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, CommissionerPct. 2 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 9~ ~ d" ~ ~ C~S I 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X December 14, 2009 --- Commissioners' Comments 1.1 Interpretation of programs for the 2009 fiscal year by County Extension Agent for Family and Consumer Sciences Report of activities of AACOG Alamo Area Agency on Aging 1.6 Presentation regarding free services in foreclosure intervention and mortgage default counseling 1.19 Consider/discuss, take appropriate action to approve contract for telephone system 1.3 Consider/discuss, approve moving early voting location for 2010 March primary election & runoff, if any, to Hill Country Youth Exhibit Center 1.4 Presentation by Ray Buck and Tara Bushnoe of UGRA describing status of Total Maximum Daily Load Implementation Plan and their plans to apply for additional grant funding from TCEQ 1.5 Consider/discuss, take appropriate action to adopt a resolution supporting UGRA's grant application to TCEQ & Kerr County's participation as an in-kind contributor 1.7 Consider/discuss, take appropriate action to discuss concept plan for Lot 76 of Stone Leigh Ranch, Precinct 2 1.8 Consider/discuss, take appropriate action for approval of preliminary revision of plat on Lot 25 in Ingram Hills Subdivision, Precinct 4 1.9 Consider/discuss, take appropriate action to set a public hearing for revision of plat for Lots 132 and 133 of Vistas Escondidas de Cypress Springs Estates, Precinct 4 1.10 Consider/discuss, take appropriate action on the San Antonio AirLIFE's Guardian Angel plan PAGE 6 15 26 39 49 52 53 62 63 67 71 73 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) December 14, 2009 1.11 Consider/discuss, take appropriate action to designate Commissioners' and Judge's liaison appointments for various functions for 2010 76 1.12 Consider/discuss, take appropriate action to reappoint two members of ESD #2 and possible new appointment of one member 88 1.13 Consider/discuss, take appropriate action to authorize educational step increase in accordance with existing policy for employees of Auditor's office who received training and certification as Certified Investment Officers 89 1.14 Consider/discuss, take appropriate action to designate county representative to serve on the Economic Development Task Force 92 1.23 Consider/discuss, take appropriate action to authorize and/or approve preliminary planning, evaluation, and other preconstruction activities or procedures in connection with proposed Law Enforcement Annex/Adult Probation Building 94 1.15 Consider/discuss, take appropriate action on withdrawing appeal to Texas Water Development Board on DFC's set by GMA-9 for the Hickory and Ellenberger Aquifers 102 1.16 Consider/discuss, take appropriate action concerning potential zoning issues at airport 104 1.17 Consider/discuss, take appropriate action to recommend to Charles Schreiner Road Fund Trustee (Security State Bank and Trust) the manner of expenditure of earnings from the trust 107 1.18 Consider/discuss, take appropriate action to address possibility of prohibiting sale or use of restricted fireworks in any portion of the unincorporated area of Kerr County pursuant to Local Government Code ~ 352.051 for December fireworks season 109 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 I N D E X (Continued) December 14, 2009 PAGE 1.20 Consider/discuss, take appropriate action to approve maintenance contract with Diana Twiss, independent consultant, for software application maintenance agreement for Kerr County Attorney's Office 110 1.21 Consider/discuss, take appropriate action on contract for professional services from Allison, Bass & Associates, L.L.P. for redistricting services for 2010 census 116 1.22 Consider/discuss, take appropriate action to approve County Employee Health Benefits Insurance contracts and allow County Judge to sign same 119 1.24 Consider/discuss, take appropriate action to reappoint members Johnnie Hawkins and Bud Fawcett to ESD #1 132 4.1 Pay Bills 133 4.2 Budget Amendments 148 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 158 5.1 Reports from Commissioners/Liaison Committee Assignments 159 5.2 Reports from Elected Officials/Department Heads 161 --- Adjourned 166 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 On Monday, December 14, 2009, at 9:00 a.m., a regular 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 0 C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court posted and scheduled for this date and time, Monday, December the 14th, 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. At this time, if there's any member of the public or the audience that wishes to be heard on any matter that is not a listed agenda item, this is your opportunity to come forward and tell us what's on your mind. If you wish to be heard on an agenda item, we'd ask that you fill out a participation form. There should be some located at the back of the room. That helps me, more than anything else, to know that there's someone that wishes to be recognized to speak with regard to an agenda item. If, for some reason, you wish to be heard on an agenda item and you have not filled out a participation form, that's fine. Just 12-14-09 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 get my attention in some manner and I'l1 see that you have the opportunity to be heard on that item. But right now, if there's any member of the public or audience that wishes to be heard on any matter that is not a listed agenda item, come forward and tell us what's on your mind. Seeing no one coming forward, we will move on. Commissioner Letz, what do you have for us this morning? COMMISSIONER LETZ: Just a couple comments. One, I'd like to recognize -- to bring up, I guess, the passing of Lionel, who passed away in a plane crash, I guess, over -- late last week or over the weekend. He was a true fixture at the Kerrville airport; flown, gosh, probably every person who had a private plane around here at one time or another. I know L.D. Brinkman used him quite a bit as a pilot. Tragic. Not sure what happened, but he will certainly be missed. The other thing is, on a little bit of a better note related to the airport, I think most people probably saw that former President Bush and his wife Barbara were at the airport unexpectedly on the 7th. There was planning -- he was at the Pearl Harbor -- the museum in Fredericksburg, at the Pearl Harbor -- the new building dedicated in his name about Pearl Harbor and World War II. I think 20 minutes before he got here, they called the Airport Manager and said, "Get ready; the President will be here in 20 minutes." About that time, the Secret Service arrived. And he took some time, sat 12-14-09 ~ 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 around, visited with people out there. He still -- from what I understand; I wasn't there, but he shuffles a little bit, but his mind's as sharp as a tack, and Barbara looked grE~at. So, a very good experience out there. And then the final thing, one other thing that I'm not sure most of the public's aware of, but I'm probably being appointed to another committee, it looks like. (Laughter.) This one's -- this is the southern -- anybody that -- I'll explain why or how I got involved with this thing. It's the Southern Edwards Plateau Habitat Conservation Plan Committee, which is -- I'm not real sure why Bexar County and the City of San Antonio are the ones that pick the people for it, but I've been approved by Bexar County Commissioners Court, and I suspect I'll be approved by the San Antonio City Council. And the -- this is to -- comes under the Endangered Species Act. And Kerr County and/or surrounding counties have been lumped in with a bunch of mitigation issues related to Austin and New Braunfels and San Antonio. And the -- and all this means is from an endangered species standpoint, a lot of our property is likely going to get used or traded, mitigated for development to the east of us, and how all that takes place is decided by a 23-person committee. I think it's 23 people. And, anyways, I'm -- I'm going to be on it, representing counties. And -- and Dietert from eastern Kerr County is going to be on it representing 12-14-09 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 Llano, it appears. So, anyway, it's kind of -- not sure where it's going, but it will have a property rights impact, or potentially, on some people in parts of Kerr County. So, anyway, that's kind of what I've been working on this past week. JUDGE TINLEY: Commissioner Oehler? ' COMMISSIONER OEHLER: Well, I have a meeting this afternoon on the bridge projects on Highway 39 and 1340 with Mike Coward, as well as Mrs. Fox, who is the -- kind of the head of our Hunt committee, bridge committee, and look at some of the progress and maybe a couple things that might be problems that need to be fixed, something regarding the guardrails maybe being set too close to the road or something like that. But the projects are going very well, especially Mayhew, way ahead of schedule, probably four months or better ahead of schedule because it was closed that one weekend. And it should be ready to open, I would say, by the first of the year, maybe shortly thereafter. The Panther Creek Crossing already has all the things set, and they're, you know, just about ready to put traffic in both lanes. And, Lynx Haven, we're going to go look at it today, see how far -- I haven't been out there in several weeks, so I don't know where that stands. But -- and I guess that's about it for what I'm going to do shortly. We had a big West Kerr Chamber mixer at my house over the weekend; we had a few more 12-14-09 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 guests than what we were planning on. COMMISSIONER LETZ: They thought you were cooking. COMMISSIONER OEHLER: We were. And I think we were planning on about 150, and over 200 showed up. So, -- COMMISSIONER WILLIAMS: Wow. COMMISSIONER OEHLER: -- it was kind of a-- kind of a big event. It will be at somebody else's house next year. COMMISSIONER BALDWIN: Enjoy it, do you? COMMISSIONER OEHLER: Yeah. That's it. JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. I want to -- we have a star amongst us that I want to in -- not introduce, but recognize this morning, and -- but before I do, and in 1996, if you remember, the City of Kerrville EMS service was named the provider of the year in the entire state of Texas. And that has just kept going and kept going. They kept improving, and now they're -- they're -- the EMS Director has been named -- well, let's just read it here. Eric, stand up. Where are you? JUDGE TINLEY: Come on up here. COMMISSIONER BALDWIN: Eric Maloney, Coordinator of the Kerrville Fire Department Emergency Medical Service, has been named the 2009 State EMS Administrator of the Year. COMMISSIONER OEHLER: Wow. 12-14-09 :L o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Excellent job. (Applause.) COMMISSIONER BALDWIN: And besides that, he is -- and he's a city -- city of Kerrville employee, but he does the training for our First Responders. That's -- that's the issue and the reason he's in here, and we're very proud of you, Eric, and we thank you very much for what you do. What you got in your hand there? MR. MALONEY: Well, that's the award that they , presented at the Texas EMS conference for the 2009 administrator award. COMMISSIONER BALDWIN: Tell us about going there, and how prepared were you to receive that award? MR. MALONEY: I was 100 percent surprised, very honored and humbled by it. Everyone at the table knew except for me, so it was -- it was very surprising, and honored to '~ receive that. And at the EMS conference, there's 1,000, 1,500 people in attendance, so it was very nice. COMMISSIONER BALDWIN: I just want to go on to say that -- I'd like to say it's because of this Commissioners Court that he does great things, and I'd even like to say that it's because of City of Kerrville that he does great things, but that's not the case. It's because he's a man of integrity, is the reason that you're so successful in everything you do. We appreciate it, Eric. Thank you. 12-14-09 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 MR. MALONEY: Thank you, Commissioner. Thank (Applause.) COMMISSIONER BALDWIN: I leave Thursday for a couple of days, and going to the big city of San Angelo, Texas, to see my little boy get married next weekend. And we had a big -- last weekend, we had a big bachelor party, and we started -- we played golf in San Marcos and we did all that, but we ended up at the Tivy football game with the , whole crowd, and a good time was had by all. But, anyway, my little boy's getting married and we're excited, and all donations can be received this afternoon by me. (Laughter.) So, thank you. That's -- I better stop with that one. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Thank you, Judge. Well, as you know, as our focus shifts from business and other things to Christmas, it's always good to be involved in and see what takes place in a little community at Christmastime, and Lew and I have been doing this now for about 11 years and watching this little community of Center Point come together for Christmas and spend their money and -- earn their money and spend their money to decorate their town and to put a big Christmas tree in the park and all the things that go with that, and march from the Baptist Church down to the park with candle lights and sing Christmas carols and so forth. It 12-14-09 :L 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 really is small-town America, and it's great to see it. And if you haven't participated in it, you need to participate in it sometime, because it just makes you -- causes you to get your feet back on the ground when you get all caught up in this stuff, and it's just very rewarding. In that context, in terms of Center Point, I'm in the process of planning two public meetings. One will take place probably in January or February -- not sure yet -- in Center Point having to do with the sewer project and the progress thereof, and to let the people know exactly what's taking place. And -- and, as is obviously the case with a sewer project of that magnitude, people sometimes have a hard time wrapping their arms around why it takes so long to do what you're doing. Well, if you're looking for somebody else to share in your pot of gold with you, you're going to play by that person's rules, and that sometimes slows you down. So, we're going to do that and advise people what's taking place, and make certain that everybody who sees fit to attend is on board with the plan that we're doing. I've spoken -- I've exchanged e-mails with Ray Buck, who's in the audience, about the possibility of maybe U.G.R.A. joining with us in that public hearing, because they too face the same need to have a public hearing at about the same time we do, and so maybe it will be beneficial for both agencies to have that public hearing and advise the folks as to what's taking 12-14-09 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 Also, in February -- early in February, we're going ' to plan another public meeting, which is not just for Precinct 2, but for any and all people in Kerr County who wish to know more about AACOG's weatherization program, transportation, aging, anything that AACOG has to offer that brings benefit to Kerr County, and we're going to bring the AACOG dog-and-pony show down here; we're going to put it in the Ag Barn, and it's going to be -- hopefully we'll publicize it well enough so we can get people out to attend that. If the Court remembers, we did a colonias survey of Precinct 2 only with respect to homes that are in need of -- serious need of repair, and we had three categories. We had -- well, three categories, of which there were about 400 homes there eligible for some form of repair or weatherization improvements. And so if we can get -- if we have that many in one precinct, we have probably that many in other precincts as well, and we need to address that issue to the extent possible, letting people know what's going on, that's it, Judge. JUDGE TINLEY: Thank you, Commissioner. I don't think a lot of people understand the magnitude of that Center Point/East Kerr wastewater project that you're working on, and I think it's good that you're going to have the opportunity to really give them a better handle so that they 12-14-09 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 25 can wrap their minds around it, 'cause it is a very, very extensive project. And I want to commend you for your perseverance in staying on top of that thing and working it -- COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: -- these past few years. I know you've got a long ways to go, but just hang in there. I appreciate Commissioner Letz, his willingness to serve on this committee that he mentioned that's going to be dealing with hill country property rights. I think it gives us an opportunity here in Kerr County and in the hill country to have a good advocate for property rights, and to truly represent the interests of our landowners and citizens. So, I appreciate you taking that additional work on, assuming that the Council approves you. It's beyond me how they make those decisions, but I guess that's okay. The other thing I'd like to do this morning is to recognize our County Clerk's department; in particular, our birth and death records, the Vital Statistics department. Ms. Pieper and Ms. Cheryl Thompson, who's the deputy clerk that -- chief deputy that serves us up here, went over to Austin this past week and received, for the 10th consecutive year -- 10th consecutive year -- a Five-Star Vital Statistics award for their work in the County Clerk's office in regard to their death and birth records. And so I'd like to give 12-14-09 :L 5 1 2 3 4 5 6 7 8 9 10 11 12 them the recognition that they deserve, and give you folks an opportunity to thank them for their work. (Applause.) JUDGE TINLEY: It's good work. We appreciate it. Let's get on down to business. The first item on the agenda is an interpretation of programs for the 2009 fiscal year by County Extension Agent for Family and Consumer Sciences. Ms. Rene Walls, who is our Family and Consumer Science expert -- extension agent here locally, is here with us today. We appreciate you being here, Ms. Walls. MS. WALLS: Hello. How are y'all doing? COMMISSIONER OEHLER: Good. How are you this 13 morning? 14 15 16 17 18 19 20 21 22 23 24 25 MS. WALLS: There's three for each person. COMMISSIONER OEHLER: Three for each? MS. WALLS: Yeah. I just wanted to go over some of the main programs that I did this year. The first one -- well, I'l1 wait till you guys all get it. COMMISSIONER LETZ: No, there's three. MS. WALLS: There's three for each person. Sorry, I should have paper-clipped them. Would have made it easier. COMMISSIONER WILLIAMS: You're not an Aggie, are you? COMMISSIONER OEHLER: I'm not an Aggie. I tell you what we do have this morning. If you noticed when Len walked 12-14-09 :L 6 1 in -- 2 3 at hi 4 5 that. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Look COMMISSIONER BALDWIN: Oh my gosh. COMMISSIONER WILLIAMS: All your Aggie shirts are ~ dirty or what? MR. ODOM: No, this is an unpardonable sin. (Laughter.) But I'll say that it was work. MS. HYDE: Put your hat on. JUDGE TINLEY: We'll make the exception there. You can. (Applause.) MR. ODOM: Texas, I've got to hand it to them. They're a very good team. But we -- our young people did a real good job too, so I'm very proud of the Aggies. A couple years down the road, watch out. COMMISSIONER BALDWIN: Oh, sit down. (Laughter.) MS. WALLS: Okay, back to this. The first prcgram I wanted to talk to you guys about was the Do well, Be Well program. It's a diabetes program. It's nine classes, and we do it in about four days. And I bring in the Wesley nurse and the wellness coordinator from the hospital, a pharmacist, a physical therapist, and we all do it together. That way we can answer questions for them that they may have on 12-14-09 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 medications, and just very specific questions they may have. We had 17 participants this year in two different classes. We did one at the Doyle Center and one at the senior center, and it went really well. And, as you can see at the very bottom of the page, it's going to give you the economic impact of the program, so that's a good thing. And then if you guys will flip over to the walk -- JUDGE TINLEY: Let me first ask you a question about your po Well, Be Well. MS. WALLS: Of course. JUDGE TINLEY: It occurs to me that we have a significantly larger number that need the benefit of this ~ program. MS. WALLS: Yes. JUDGE TINLEY: Particularly those that are in the lower socioeconomic groups, that are in serious need of -- of health care education, and may not realize they have a condition that they, in fact, have. MS. WALLS: Yes, I agree with you. JUDGE TINLEY: What -- what effort can your office make, or in conjunction with -- with other groups, other offices, Dietert or whomever, in order to try and reach out and get to more of these people so that we can help them through this kind of program? MS. WALLS: Well, actually, next year we're going 12-14-09 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 to be doing -- we've -- we're reaching out, first of all, to A Child's Place; I do a lot of programs with them, and a lot of their parents are diabetic, so we're reaching out to them first. They are low economics -- low -- lower income population. And then we're also thinking about doing it with Salvation Army and some of the neighborhoods over closer to the Doyle Center, trying to get them involved through the churches. The one program I did do at the Doyle Center this year actually had no one from that community, and so that was a big concern to us as well, 'cause we definitely marketed in that community. So, what we thought would work better is if maybe we went through some of the churches and some of the other organizations in that community that those people are close with, and try and program through them to get those people there. JUDGE TINLEY: So, you do have some ideas that you're going to put in place to do that? MS. WALLS: Yes, sir. JUDGE TINLEY: That's great. Thank you. MS. WALLS: Very important. And on that note, I was hoping to maybe get the county employees interested next year in also doing the program that may have diabetes as I well. COMMISSIONER LETZ: I think it's a good idea to work with some of the area churches, but I wouldn't just 12-14-09 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 limit it to the churches there. MS. WALLS: No. COMMISSIONER LETZ: Notre Dame is a county -- multi-county area draw church, and some of the others as well, Methodist, Presbyterian. Some of the largest churches really draw from huge areas, so I think it's a good idea to work with the churches. MS. WALLS: Yes. It's kind of an issue -- actually, several of the counties around us don't have the program, so I think it definitely benefits our county to have the program, and even maybe possibly some of the people that live in other counties surrounding us. So, it's a good thing. Okay. The next program is Walk Across Texas. And, first of all, I want to give a big thank you Ms. Eva, 'cause she helped us do it with the county employees this fall. We've also done it with B.T. Wilson, and we've also done a program through the hospital as well this year. What Walk Across Texas is, it's basically a program that's designed to help get people moving and exercising more than they already are. They compete on teams of up to eight people, and they compete for eight weeks. And I think the competition really helps people to try and beat each other. The goal is to walk across Texas, and it's about 834 miles, and it's all online. They input it all online, and they can see on a map how far they've gone. So, it's just kind of a more fun program, and 12-19-09 ~o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it helps them get more excited about exercising. So, that's what that program is. ' The very last one is actually a program that I worked on with several county extension agents in the area. We do it every year at Schreiner College here in Kerrville, and it's for child care providers. It's called the child -- it's called Hill Country Child Care Providers' Conference. And we have a couple hundred child care providers come out every year, and we do different sessions for them on different topics that are of concern to them. This year we did SIDS and shaken baby syndrome. We also did a session on rainy-day activities, just stuff that they can do indoors to keep kids occupied. And then they also have more health issues that are covered as well in different sessions. So, those are my programs. And then I was going to get Ms. Laurinda up here to go over a couple of programs of hers. MS. BOYD: Hello. Laurinda Boyd, 4-H Program Assistant for Kerr County. And two of the things -- and, actually, Rene and I have worked together on these programs the last year, the -- in the fall and the summer. You know, one of our big programs is our leadership program. We had 65 kids that are on our leadership team for junior high age and high school age, and out of those 65, we have about 22 to about 27 that are trained specifically to go into the schools to do curriculums. And in the fall of last year, we had our 12-14-09 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 25 Health Rocks program, which, for the third consecutive year, ' that was really productive. We held it out at the Ingram Elementary School for the 3rd, 4th, and 5th graders. We served 357 kids and did six teaching sessions. The kids themselves, our -- our teen leaders, go in and do the actual training. The Health Rocks program is -- it's teaching skills about decision making, critical thinking, stress management, but places a special emphasis on tobacco use prevention, because most children that get involved in drugs, they start with tobacco. And the -- but the biggest thing that they really worked on was mentoring the kids about, you know, making proper decisions and -- and, you know, just kind of -- when we go in and say, "Do this, do this," it doesn't come across as effective as if they have a teen there, you know, mentoring to them. And so they really had some interesting stories and situations that they dealt with with the kids, but they did an excellent job of handling all those different situations. One of our new curriculums, we were one of the pilot counties last year in the spring, and we did -- it's called "Take a Stand." This is going to be our new curriculum for the next several years. We're going to retire Health Rocks for a while and take on Take a Stand. It's a conflict management curriculum developed by Texas Agri-Life with -- partnered with the Dispute Resolution Center in 12-14-09 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 Lubbock County; they funded the program. And this program includes five lessons, and we piloted the program at Ingram Elementary in the 4th grade last year. It was so well received, it was really exciting. The teachers were really excited about having it back this year. Some of the comments from the kids on the bullying program were, "Thank you very much for doing Take a Stand with our class. It was so much fun. I learned tons." "I truly loved this" -- this is a teacher. "I truly loved the Take a Stand presentations. My students were engaged right from the start. Both the students and I were sad when it came to an end. Since the visit, I've noticed a closeness among the students that was not there before. Thanks for all you did to make our school a better place." And we really did see a lot of impact on the bullying program. As y'all well know, that is a big issue these days, not only, you know, in the schools, but on cyber, you know, technology. We've got so much technology out there. And so, you know, this is really a program that we think is very important in the future, and we'll be working at all of the elementary schools to implement the Take a Stand program. So, thank y'all for your time. Anybody have any questions? COMMISSIONER OEHLER: I think I have -- I have a statement. MS. BOYD: Okay. 12-14-09 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 COMMISSIONER OEHLER: I think this is all a very, very good thing for educating these kids. One thing I think that could be added into this list of things that you've done -- it starts out with alcohol and drugs and tobacco, all that stuff. Maybe some of the -- something could be put in there about the ramifications of getting in trouble with the law. MS. BOYD: Yes, sir. COMMISSIONER OEHLER: At a young age. You know, I don't think they really understand that this can mess up the rest of their life. They can't get a job and things -- MS. BOYD: Absolutely. COMMISSIONER OEHLER: -- later on in life. I've been giving that a lot of thought lately, and actually had thought about going and talking to some of the kids about those kind of things. I don't think they really realize. MS. BOYD: When we have our Safety Awareness day that all the area 4th graders come to in October, you know, they do kind of get a-- an introduction to the law enforcement agencies and, you know, how they're there to help you, but also there to, you know, make sure that everybody follows the law. All the agencies are represented, which I think is really a great thing. You know, they learn about the task force. They learn about what the Sheriff's Department does. You know, it really is a really great 12-14-09 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 24 program. But that may also be an area that we could kind of go in and change some of our curriculum there to make sure that we do understand, you know, teaching circumstances. But this bullying program, actually, one of the lessons does focus on consequences, and it really is very effective. I was kind of a little unsure about the program, you know, how it was going to be -- how the response would be to it. And it was really surprising, you know, how the 4th graders really -- you know, even the ones admitting that, yeah, they kind of had been a bully too, you know, but they never -- didn't really think they were being a bully, but, "Yeah, I guess, you know, I kind of was a bully," you know. You know, so it's really -- because they think -- you know, when you really define it for them, it really makes them think about their actions and what they're doing and how it affects everybody around them. But also, part of the curriculum also is -- is when you leave the house that morning, everything that happened that morning, how does it affect you when you get to school, and how those emotions affect you for the day. So it really has some great, great lessons in it, and it was very, very well received. So -- COMMISSIONER OEHLER: Okay. MS. BOYD: -- we'll be expanding that. Thank you, though, for your input. That's great. COMMISSIONER WILLIAMS: Good point. 12-14-09 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 COMMISSIONER LETZ: On that, to expand on that a little bit, I agree with that totally. I think that -- I don't know if it's something the Judge can work through, through what he has, the juvenile hearings. I think it would be worthwhile for high school classes to come in here and watch this. I mean, I really do, that type of thing. I don't know if you can do that or not because of all the other issues, but that -- or, you know, let them in small groups go out to the Juvenile Detention facility, see -- I mean, see what it's like to be incarcerated. MS. BOYD: Well, and that's something in the school systems that they could include in the government classes. You know, 'cause they do the mock trials and all that stuff. You know, that would be something that would be good for them ~ to include as maybe a field trip to watch the probation system. Or, you know, out to the probation building, you know, to do something like that. I mean, that would be a good place to kind of try to get them involved. JUDGE TINLEY: Commissioner, I-- I frequently have that discussion with young people, the effect of creating a criminal record for themselves and the effect it has on them for the remainder of their life with -- with individuals that appear in my court. Unfortunately, the ones that I have that discussion with are already in the juvenile justice system. Fortunately, the juvenile justice system has safeguards to 12-14-09 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 protect them from the effects of a juvenile record, but it gives you an opportunity to demonstrate to them what serious I effects, if they continue that kind of conduct as an adult, will have on their future. So, I have that discussion very, very often. COMMISSIONER OEHLER: I'm sure you do. But I think it -- you know, that little bit of comment could be passed to them before they get in trouble. That might deter a few of them from -- COMMISSIONER LETZ: I think this -- COMMISSIONER OEHLER: -- getting into the system. COMMISSIONER LETZ: I mean, I know everyone that spends time in this courthouse sees the juveniles come in here with handcuffs and all that on, and just that image right there, I think, will be pretty eye-opening. MS. BOYD: The great thing about this curriculum is, it's not just 4th grade. You know, a lot of the things that we target are at the 4th grade level, but this curriculum actually goes 1st through high school, through 12th grade. There's several different curriculums, so we'll be working on trying to implement all of those in different areas. So, anyway, thank y'all for your time. MS. WALLS: Thank you. JUDGE TINLEY: Thank you. Let's go to our 9:15 item, if there's nothing more on that item. Item 2, report 12-14-09 G 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 COMMISSIONER WILLIAMS: Thank you, Judge. I note with interest in Rene's presentation on Do Well, Be Well, she talked about educational programs for those with Type 2 diabetes, and in that report, she talks about the average age of 73 that are participants in this program, which brings us to the current agenda item. There was a time not too long ago when we had a very difficult time finding representatives for Kerr County to the Alamo Area Agency on Aging. That's not the case any more. We have two very qualified -- highly qualified, dedicated ladies who represent Kerr County on this board. It's my pleasure today to bring to you the lady who is now the Vice Chairman of the Alamo Area Agency on Aging, and she's going to give you a little bit -- a sense of what they do. Patrice -- Patrice Doerries is our representative, and Coral Adema is also our representative, and they're going to give us a little sense of what they do. Ladies? MS. DOERRIES: We thank you very much for allowing us to give you an end-of-the-year report. Most of you know that AACOG stands for A1amo Area Council of Governments, and each county has two appointed representatives. And we are handing to you your own manila folder that has some handouts as well as a summary report. I am -- have been on the council since 2007, and we want to give you a status report 12-14-09 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 25 Demographically, 10 percent of our state population is over 65, but we are very unique here in the hill country and Kerr County, because it's close to 30 percent over the age of 65. And we have some very positive things that are taking place, but we also have some challenges that we want to bring to you. Coral, my co-partner, is new to the council and the committee, and she is a Peterson registered nurse -- Peterson Hospice, and she brings an expertise to our representation of health care. She also is a volunteer trainer for a Matter of Balance, which is a nationwide program. I am a master trainer for Stanford University Medical School, and I teach the Chronic Disease Self-Management Program as well as the diabetes class. It was interesting to listen to our county Extension Service to hear what they're doing, because it's very much like what we do as well. I, in addition to my -- my representation on the AACOG Senior Advisory Committee, I am the Senior Cares Coordinator for Hill Country Cares. That's my day paying job. I want to ask Coral to tell you the positives that are happening, the things that are happening here in Kerr County. MS. ADEMA: I don't have the statistics in front of me, but for the Matter of Balance class, we have done one this year and more than that last year. One of the problems with that is, it's -- it's an eight -- eight-class session, 12-14-09 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and just getting the time to do it is hard. There's participants waiting in line to participate, but this program has been shown to prevent falls. There's been a lot of statistics, and it's been followed, and all the class results and before and after tests have gone to show that statistically, that it is -- it's a-- it is a proven program. So, that has been a good thing. Bill already talked about the AACOG's involvement in helping get air-conditioners and utility bills paid. And, again, we have one problem with that. I guess I was supposed to talk about the positives, but -- but just getting the word out. And the fair that they're going to do will be good just to get word out and let people know. But if people have questions, it would be good for them to know that, as the representatives of Kerr County, they can get a hold of us, and we can bring things to the attention of AACOG. Some of the programs that we have done at the meetings, McGowan Training Institute, which is also Morningside Ministries, has a multitude of training programs and videos which are available to the public, and can be used by anyone. Another report, Tina -- Tina from -- from Dietert did a report on their new dining concepts that they're going to implement. It's kind of a new and ground-breaking sort of way to feed seniors, or get -- feeding seniors and keeping it home-like -- or keeping it restaurant-like and high quality. 12-14-09 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 30 MS. DOERRIES: I want to mention some challenges. You will see in the -- the front page report, the number of Adult Protective Services cases reported for Kerr County. This is for fiscal year 2008. Let me tell you that the number is greater; it's over 300 for 2009. The source for ; these statistics come from the regional office of Adult Protective Services, so we have a lot of seniors here in Kerr County who are in distress or in crisis, and they are needing assistance. What we see is a lot of denial amongst our citizens. They deny that there's a problem until they are at the emergency room. Many of them are refusing to accept help, and there is a great lack of preparation for a crisis, be it a health status, a change in their finances. Diagnoses can really change on a dime, the status of seniors, and it's difficult to disseminate this information. The Chamber of Commerce wants us to be really positive, but we wanted to bring to you some of the challenges that are really affecting citizens in Kerr County. I want you to know it's not limited just to Kerr County. It is -- the hill country's plagued with denial, and as you've probably heard, we're not talking about the river in Egypt. Communication amongst agencies can be difficult and a challenge. But we -- we wanted to bring these things to you let you know that there's a lot of good and positive that's 12-14-09 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 31 taking place, but we have a long row to hoe. At the bottom of your first page, you will see that we do have some things coming up in 2010 that we're really excited about. The Texas Conference on Aging will be held in March, and this is an annual conference that is held throughout the state, and Kerrville is going to be the location. And our County Judge has accepted, helping Todd -- COMMISSIONER LETZ: Bock. MS. DOERRIES: -- Bock, the mayor -- excuse me -- with opening this. We anticipate about 400. We -- the agency has rented out all of Inn of the Hills. This will be a big event in March, so we want you all to know, to keep that on your radar. The Silver-Haired Legislature will hold their annual meeting here at that same time, so there will be a lot of older folks here. And we anticipate that the Assistant Secretary on Aging from Washington, D.C. will be making a presentation at this conference. Regarding the Legislature and seniors, we are very pleased to know that they have now appointed a committee on aging. We have not had one in the past, but the Legislature has appointed that. And we also have instituted through the Legislature a Silver Alert program, which is very similar to Amber Alert. And kind of highlight what went on at the capitol this year for seniors. But we thank you for the appointment to represent seniors. Both Coral and I are seniors. And so it is kind of 12-14-09 :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 -- this is kind of a good, bad, and ugly report, but we wanted you all to know. And if have you any questions, please feel free to ask. COMMISSIONER BALDWIN: I have one. When you were talking, you said there's over 300. The number here is 280. MS. DOERRIES: That's for 2008. COMMISSIONER BALDWIN: Yes, ma'am. MS. DOERRIES: In 2009, it's over 300. That's intakes. That's where someone will call Adult Protective Services, call in a report that something needs to be done about a neighbor. COMMISSIONER BALDWIN: That's where I'm going. You talked about them being in denial, and that is not a river in Egypt. Is that what you said? MS. DOERRIES: Yes. COMMISSIONER BALDWIN: That's pretty funny. MS. DOERRIES: Thanks. COMMISSIONER BALDWIN: I'm going to use that. MS. DOERRIES: It's not original. COMMISSIONER BALDWIN: What are some of the -- what are some of the -- an example of -- I mean, are we talking about physical abuse? MS. DOERRIES: We're talking about physical changes that take place. It can be a change in mental status -- COMMISSIONER BALDWIN: Oh, okay. 12-14-09 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. DOERRIES: -- in a senior. Nothing's wronc~; you know, everything's okay. Well, then why did grandma screw up the pumpkin pie that she has made perfectly for COMMISSIONER BALDWIN: You're talking about all these guys up here. MS. DOERRIES: A change in mental status and changes in your health status can cause that as well. For many, it's very difficult. We have an extremely proud senior population, and everything costs a lot more. Traditionally, what we're seeing in working with seniors is that a lot of them are in denial. Their families come and they move them back to be closer with them, whether it be, you know, Houston, Dallas, or San Antonio. And if everyone that needed help showed up at one of our facilities in Kerr County, they wouldn't have enough room for them. COMMISSIONER BALDWIN: Yeah. MS. DOERRIES: I mean, that's that's not a Chamber of Commerce thing. COMMISSIONER BALDWIN: Yeah, I MS. ADEMA: Some of the APS ca somebody's beat up a senior, but most of neglect, or they're just not taking care safe for them to be living at home. MS. DOERRIES: Self-neglect is -- like I said, understand. ses are cases where them are just of -- it's just not the big -- Adult 12-14-09 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Protective Services will tell you, self-neglect with seniors is the biggest cause for these numbers. COMMISSIONER BALDWIN: Do you have -- we're kind of involved in the wheel -- Meals on Wheels -- MS. DOERRIES: Mm-hmm. COMMISSIONER BALDWIN: -- program, and I have been for many years, because I think that's a good thing. But do you -- do you find -- the word "abuse" keeps popping in my mind for some reason, and I apologize for that. But do you find these folks that are having some of these issues, are they detected through the Meals on Wheels? MS. DOERRIES: In many cases, they are. And I have -- through my professional life, I have trained their workers to be able to identify what is going on. For many of our recipients of Meals on Wheels throughout the county, the only person that they see during the day is the person that delivers the Meals on Wheels meal to them. And we work very closely with Dietert Senior Center to help raise awareness and give them tips for identifying. COMMISSIONER BALDWIN: So, it may be something like -- it may be something like total confusion, or -- or a physical ailment? MS. DOERRIES: Yes. Yes. I mean, you know, we age -- and we live in a great day and age where you can get a new heart, new lungs, but once your brain goes, it's gone. 12-14-09 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 COMMISSIONER BALDWIN: I've heard about that. MS. DOERRIES: Our agency has the Alzheimer's support group here in town, Kerr County, as well as four other counties. COMMISSIONER BALDWIN: Y'all have a big job. Thank you for doing that. COMMISSIONER WILLIAMS: Patrice, one quickie, if you don't mind. As Buster talked about the nutrition services, there is nothing extra that's done in terms of nutrition? It's all handled through Dietert; is that correct? MS. DOERRIES: That's correct. COMMISSIONER WILLIAMS: Okay. MS. DOERRIES: Unless it is through a private entity. The homeless are fed every Saturday a free meal at the First Presbyterian Church Family Life Center. It's called Hope's Kitchen, and it is no charge to them whatsoever. COMMISSIONER WILLIAMS: Mm-hmm. MS. DOERRIES: It's kind of an eye-opener to go there at noon on Saturday to see who is coming for lunch. COMMISSIONER BALDWIN: Let's see. Free meal Saturday, when? MS. DOERRIES: Every Saturday. COMMISSIONER BALDWIN: Yeah? 12-14-09 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. DOERRIES: Okay, Buster, I don't know that you would qualify. COMMISSIONER WILLIAMS: Got to be homeless. Are you homeless this week? COMMISSIONER BALDWIN: I could be at the end of this week, yes. JUDGE TINLEY: If some of the secrets get out, he probably will be. COMMISSIONER WILLIAMS: Patrice, one other quickie. I note that in terms of the listing of the types of services that people can avail themselves, information, referral, benefits counseling, ombudsman, all that stuff on the back of your flyer, -- MS. DOERRIES: Right. COMMISSIONER WILLIAMS: -- all of those are 210 numbers. So, if a-- if a senior in need of these services calls 210 and one of these numbers for what they think is the -- the help they want to get, on the receiving end of that call is a cataloging of services available to them here; is that correct? MS. DOERRIES: Yes, that's correct. And on the front of that brochure it has the 800 number that is toll-free. COMMISSIONER WILLIAMS: Okay. MS. DOERRIES: And they will be assigned a 12-14-09 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Good. I want to thank you for your service -- MS. ADEMA: One of the problems -- COMMISSIONER WILLIAMS: -- for your service to our community. I appreciate you both being on -- MS. ADEMA: Let me just -- one of the problems is that it is a San Antonio number, and many of our seniors have a hard - - or are hesitant to call that number because it' s out of town. COMMISSIONER WILLIAMS: That's the reason I asked the question. MS. ADEMA: And the turn-around time for investigation and assessment is getting quicker, but it is a problem. It is a problem. COMMISSIONER WILLIAMS: So, maybe we need to -- maybe we need to put out more information about the fact that services available in Kerr County or other hill country counties are available in a catalog; we're not going to send you to San Antonio for services. MS. DOERRIES: Right. They will come here for the senior -- COMMISSIONER LETZ: On that, I mean, it might help -- I think that's a big obstacle for people calling that 12-14-09 38 1 2 3 4 5 6 7 8 9 10 11 number. Why don't you put a local number on and just have it forward to a-- wherever it gets forwarded? ~ MS. DOERRIES: Well, that is an AACOG issue. I do know that the 800 number does work. I mean, you know, we're -- we can certainly say that, but they serve 40 counties within this whole area, so I think the 800 number has served them well. COMMISSIONER WILLIAMS: Okay. MS. DOERRIES: But I will certainly pass that along. It's a good suggestion. Thank you very much. JUDGE TINLEY: Any other questions for these 12 I ladies? 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Seems to me like at some point in time, there's some cases it's hard to evaluate and be accurate. There's some people that may appear to need services, -- MS. DOERRIES: Right. COMMISSIONER OEHLER: -- and they really don't. That would be a hard thing to have happen. MS. DOERRIES: Right, I agree. MS. ADEMA: Right, that is, and it happens. COMMISSIONER OEHLER: I know that's difficult to I deal with. MS. DOERRIES: You know, we just try, try, try. And we are volunteers on this committee, and we appreciate 12-14-09 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the opportunity to make -- to bring to light the status of seniors here. It is not necessarily a socioeconomic issue. COMMISSIONER OEHLER: Right. MS. DOERRIES: It is that we're getting older. MS. ADEMA: Well, for one of the things with the APS, it's spouse abusing spouse, sort of, or intimidating or threatening or bossing or bullying. COMMISSIONER OEHLER: Buster, I'm trying to save you. The evaluation was wrong. ~ COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Ladies, we appreciate your representing Kerr County -- MS. DOERRIES: Oh, we enjoy it. Thank you. JUDGE TINLEY: -- at AACOG, and we thank you for your service to seniors. MS. DOERRIES: Thank you. JUDGE TINLEY: Let's move to our 9:30 timed item. That's a presentation regarding resources in foreclosure intervention and mortgage and default counseling. Ms. Teresa Offutt is here to present this particular item. MS. OFFUTT: Hello. Thank you for letting me speak to you today. I am slated for, like, 20 minutes, but I can assure you I'm going to go over that time limit, so if I put I you to sleep, please stop me and I'll try to sum it up real quick, or come back at another time. 12-14-09 ~~ o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Stop at the snoring. MS. OFFUTT: Okay. I am a private citizen here; I'm not affiliated with any association or organization here in Kerr County. I am a woman with a passion, and I am a woman with expertise. And my passion is in helping people, and especially homeowners, home owners who are defaulting , with their mortgages. And my expertise is that I'm ', nationally certified as a foreclosure intervention mortgage default counselor. And I have a question I need to pose to you, because I just arrived back here from Maryland in September, and I really don't know what all is going on in the county. I do have some idea, which I'm going to share with you, that maybe you are aware of, maybe you're not aware of. But do you have any type of committee, or are you making any efforts to help the homeowners here in Kerr County who are defaulting on their mortgages? JUDGE TINLEY: I'm not aware of any -- any county committee that's been sanctioned to do that. MS. OFFUTT: Okay, thank you. My purpose is to explain what housing counseling is. What I see that is happening in Kerr County -- for the past two weeks, I've been running the streets, talking to everybody I could possibly talk to, professionals, and I kind of have an idea of what's going on here. You may not have even thought we had an issue with mortgage defaults, but I see on this bulletin board out 12-14-09 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approximately the same number. That's a lot for a small community, or a county that we have here. I'm going to express a need that we should try and think about having a housing counseling agency here in Kerr County, and appeal that maybe if a committee -- that we form some type of committee to investigate this issue, and I would be more than happy to be a member of that committee. A little bit about myself. I was a Kerr County resident from 1985 to 1990. I've lived in the hill country for the -- for 15 years. I had moved to Maryland for 10 years, and I just came back in September. I graduated from Schreiner College; I have a B.A. in English with a teacher's , certification. I've taught in many schools in San Antonio, ', Center Point, Comfort, Tivy High School. I was an English ', teacher at Tivy for four years. I have seven years experience in the corporate arena, four years as -- over four years as a licensed real estate agent specializing in residential sales, short sales, foreclosures, and I have my G.R.I. designation. I have two -- over two years experience working for a nonprofit HUD-approved agency as a housing counselor. I worked for Washington County Community Action Council in Hagerstown, Maryland, and I saved people's homes. I was guest speaker to many real estate offices. Real estate 12-14-09 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 agents have no idea what to do when a homeowner comes to them and says, "Look, I'm behind on my mortgage. What can I do?" Homeowners have no idea where to go for help. And I would tell the real estate agents, you know, about how to handle homeowners who are distressed, how to -- what to do about mortgage defaults and pending short sales and foreclosures. And a lot of that was you need to refer them to a housing counselor. I was appointed this -- early this year; unfortunately, I had to move -- or decided to move out of state, but I was appointed by the Frederick County, Maryland county commissioners court as a member of the Frederick County Affordable Housing Council Committee, and I was in for a two-year term. My husband passed away unexpectedly in June, and i felt my need was to move back to Kerrville, to where my children are and my grandchildren. If you don't know what housing counselors do, there are nonprofit agencies throughout the United States that are HUD-approved agencies, and they counsel homeowners for free. They -- the counselors are paid through the Hope Grant and other grants that the government provides. And they're also supported through funds through the county and city. A homeowner would call me on the phone; they're behind on their mortgage. I would perform a budget analysis, get a snapshot of where they are financially. I examine deeds of trust, mortgage notes for evidence of predatory lending and exotic 12-14-09 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 loans, and an exotic loan would be, like, an adjustable-rate mortgage at 8 percent interest or higher. I would explain the mortgage documents to homeowners. A lot of times homeowners don't even read them. They leave the settlement I table and they stuff them away somewhere. They don't even ~ know what type of loan they have. I provide budgeting assistance, submit the financial applications to the servicing companies. I negotiate with the servicers on the owners' behalf for loan modifications, forbearance bans. Forbearance bans are, like, reduced mortgage payments or a suspension of their mortgage payment. Repayment plans, deeds in lieu of foreclosure, short sales. And when the time gets close to foreclosure, I can escalate workouts. I have those back-door numbers, and I have those contacts with the servicing companies where I can stop foreclosures. And I did stop a foreclosure; I'm very proud of it. I stopped it 35 minutes before sale time, and the homeowners were ecstatic, and I was too. I about died -- about fainted, I was so exhausted. It's a very stressful job. JUDGE TINLEY: Ms. Offutt? MS. OFFUTT: Yes? JUDGE TINLEY: The -- essentially, your purpose here today is to let it be known that you are available to residents here in Kerr County to assist them if they are 12-14-09 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 ~ ' having difficulty with their home mortgage? I MS. OFFUTT: Mm-hmm. JUDGE TINLEY: Not necessarily that they're already posted for foreclosure? MS. OFFUTT: Right. But they're just falling behind, or they feel like they're going to fall behind in the near future. JUDGE TINLEY: And you have the ability to make the requisite contacts -- MS. OFFUTT: Mm-hmm. JUDGE TINLEY: -- with the servicing agencies or the appropriate office of the lender, as opposed to just the customer service, for example, -- MS. OFFUTT: Mm-hmm. JUDGE TINLEY: -- in order to effectively help them, and you're willing to do so for -- MS. OFFUTT: Free of charge. JUDGE TINLEY: -- no cost. MS. OFFUTT: No cost. JUDGE TINLEY: I think I have seen in some presentations that any time someone's in trouble with their mortgage, and they in some manner make contact with some sort of assistance organization and they ask for some amount of money up front to help them. MS. OFFUTT: Mm-hmm. 12-14-09 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 JUDGE TINLEY: The typical consumer agency response is, "Run, don't walk, away from those people." MS. OFFUTT: Those are foreclosure rescue scams. JUDGE TINLEY: Have no contact with them. And that's your purpose here today? MS. OFFUTT: Mm-hmm. JUDGE TINLEY: And you've provided us with this information, which we can make a part of the record here in connection with your presentation. MS. OFFUTT: Okay. Do you wish for me to stop? I Because I still wanted to say something. JUDGE TINLEY: Well, we'd like to know if you have any special things you want to bring to our attention. I'm not sure we have time to go through the entire presentation. MS. OFFUTT: I'll try to make it real quick. JUDGE TINLEY: Okay, thank you. MS. OFFUTT: What I found in my -- that two weeks running around, some things that I found out. I can -- I'm going to tell you, real quick, a little story. Back in , August, I flew to Texas because I wanted to purchase a home and start bank accounts, et cetera. I was at one of the local banks and I was starting my bank account, and the new accounts lady asked what I did for a living. I told her I was a housing counselor, and she asked what that was, so I explained what it was. And she lowered her voice. She went 12-14-09 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 forward; she says, "Listen," she says, "My husband and I, we're two months behinds on our mortgage. My husband just got laid off from James Avery," you know. She says, "We don't know what we're going to do," you know. "Can you help us? When you move here, can you help us?" And so I wasn't even in Kerrville 12 hours, and I have a client already. There are housing counseling agencies that can help for free, and the closest agency is the Consumer Credit Counselors of Greater San Antonio in Boerne, Texas. So, anyone in Kerr County that wants free counseling has to go to Boerne. There are counseling agencies in San Antonio. But I talked to the director of the Consumer -- in Boerne, and she says that they are overworked and understaffed, and they do help some people in Kerr County. She would not give me numbers. The unemployment rate in Kerr County is 5.8 percent. But, you know, that is -- it's probably actually higher than that. Unemployment statistics are never accurate; they don't take into account the unemployed because they are -- those unemployed because they're self-employed, independent contractors, people -- I lost my place. People in the process of applying for disability, those who quit their jobs. And there are some citizens who have that hope that they're going to quickly find another job, and they don't even apply for unemployment. I talked to a real estate broker in town. I'm not going to 12-14-09 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 mention her name. I will if you really want to know; you can ask me. But she said that homeowners are coming to her, the ones who are in default. They have no idea where to turn, and she is even trying to help these homeowners work with the services to come up with some type of modification or some type of help. And she's not even trained as a counselor, and she has her own agency to manage. She has her -- she wants to be doing her listings and her sales. And she says, "You wouldn't believe the number of people that are coming to me for help." And she says that the other brokers in town hear that she's helping homeowners, and they're sending people over to her, and she says she can't handle all this. She was so excited that I came into her office. She's going to start ~ passing some business on to me. COMMISSIONER LETZ: I think -- I mean, I don't -- I think what you're doing is fantastic, and that it's free, but I think that -- I mean, I think you've got your point across to this body. I think that the -- and, as the Judge says, it'll be part of the record. But in your handout, it says you're working with a Kerrville Daily Times columnist. That's what needs to be done to get -- you just need the get the word out. I think you've done that here. I think the Daily Times is a good source, and the realtors. I mean -- MS. OFFUTT: Mm-hmm. COMMISSIONER LETZ: -- you know, we have a long 12-14-09 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. OFFUTT: I know. I understand. COMMISSIONER BALDWIN: Ms. Offutt? MS. OFFUTT: Yes? COMMISSIONER BALDWIN: I do have one question, though, and you and I are going to make this really quick, because the chair -- the chair already has his hair up in the back. When you talk about grants, now, are we talking about some of this federal Obama money coming down here and bailing out people that are -- haven't been responsible and can't make their payments? Is that a possibility? MS. OFFUTT: Yeah, that's a possibility. COMMISSIONER BALDWIN: We're through. See ya. MS. OFFUTT: Oh, you don't want ... COMMISSIONER BALDWIN: Thank you. MS. OFFUTT: Okay. That's it. Thank you very I much. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: If you can get your word out on the street via your Daily Times columnist, I think that's good. MS. OFFUTT: One last thing is, I'm not going to overload myself with clients. I'm going to just work with a few. There is definitely -- I feel, definitely a need in Kerr County for a counselin,g agency, and if you could read the notes here, there's more information for you. But I'll 12-14-09 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 take a few, because I'm working for free, and I enjoy my freedom. I don't want to be tied down to a full schedule. JUDGE TINLEY: Thank you, Ms. Offutt. COMMISSIONER LETZ: Thank you. JUDGE TINLEY: Okay. Let's see if we can get back into our agenda. I've had a request to take Item 19 out of order, so we'll move to Item 19, to consider, discuss, take appropriate action to approve contract for telephone system I bid which was previously approved by Commissioners Court on I ', November the 23rd of this year. Mr. Trolinger? II MR. TROLINGER: Yes, sir. It's -- as it's stated, ! it came to your attention that we didn't have a contract. It I was strictly a request for proposal. JUDGE TINLEY: Mm-hmm. MR. TROLINGER: And the County Attorney's done a wonderful job at drafting an original contract. As far as I know, it's approved by the contractor. And -- it is approved by the contractor, and looks good to me. JUDGE TINLEY: So, we've accepted the bid; now we got a contract that's ready to go, Ms. Bailey? MS. BAILEY: Yes, sir. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: And authorize County Judge 12-14-09 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 COMMISSIONER BALDWIN: I have a question. What is I the turnkey date of the completion of this project? MR. TROLINGER: We do not have a completion date I actually scheduled. We had originally -- COMMISSIONER BALDWIN: Give me a hint. MR. TROLINGER: Well, we had scheduled the install, but now we've -- and that was to start today, but now we're !, falling back on that, and we'll have to sit down and have a I-- have an implementation -- a short meeting to set the ' schedule. So, I don't have that for you right now, but I can get it to you once we have it. COMMISSIONER BALDWIN: You're going to get your big whip out and drive these people, get this thing done? MR. TROLINGER: Yes. There's a specific schedule in the proposal. It says -- it doesn't say the date, but it ' has by number of days, and I think 14 days is the total number of days for implementation. ' COMMISSIONER WILLIAMS: If you can't tell us when you're going to finish, can you tell us when you're going to start? (Laughter.) COMMISSIONER BALDWIN: He's so good. ', MR. TROLINGER: I'm sorry. We slipped, because the , original schedule had been set, and -- 12-14-09 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 JUDGE TINLEY: We need to get the equipment in place first, is what you're telling us? MR. TROLINGER: We need to sit down and discuss the availability of the contractor. They're a little bit busy. And -- JUDGE TINLEY: Okay. MR. TROLINGER: And fit it in where we can. It's a total of 14 days. JUDGE TINLEY: But the actual installation time is approximately two weeks? MR. TROLINGER: Yes. JUDGE TINLEY: Okay. Okay. MR. TROLINGER: I anticipate by the end of January we'll be complete, but I don't know for a fact. JUDGE TINLEY: Close enough, Commissioner? COMMISSIONER BALDWIN: Dang right, boy. I'm telling you. COMMISSIONER OEHLER: Commissioner, you sound like ~ a lawyer. COMMISSIONER WILLIAMS: I sit next to one. JUDGE TINLEY: Any other 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. 12-14-09 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 52 (No response.) JUDGE TINLEY: The motion carries. Thank you, -- MR. TROLINGER: Thank you. JUDGE TINLEY: -- Mr. Trolinger. MR. TROLINGER: You're welcome. JUDGE TINLEY: Let's move to Item 3, to consider, discuss, and approve moving the early voting location for the 2010 March primary election and runoff, if any, to the Hill Country Youth Exhibit Center. Ms. Alford? MS. ALFORD: Yes, sir. We have -- the early voting site is usually the Cailloux Center, where it was in November, and we'd like to move the primary to the Hill Country Youth Expedition Center for the Democratic and Republican primary, because of the -- JUDGE TINLEY: You got room for both of them there? MS. ALFORD: Correct, yes, sir. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. 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. Thank you, 12-14-09 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 Ms. Alford. MS. ALFORD: Thank you. COMMISSIONER BALDWIN: I'm assuming that we're getting with Jody to make sure that the place is available and all that on that particular date. Just an assumption. ~i JUDGE TINLEY: I would have hoped she would have waved her arms or screamed or did something if -- COMMISSIONER BALDWIN: Is the date on there? Let's see. JUDGE TTNLEY: March the 2nd. And then it's the first Saturday in April. It has to be cleared for the -- MS. ALFORD: Early voting is the last two weeks I of -- JUDGE TINLEY: Early voting, excuse me. MS. ALFORD: Yes, sir, of February. Starts February 16th through the 26th of February. JUDGE TINLEY: And that's during the week. MS. ALFORD: Yes. JUDGE TINLEY: Yeah, okay. COMMISSIONER WILLIAMS: Two weeks. JUDGE TINLEY: Okay, thank you. MS. ALFORD: Thank you. JUDGE TINLEY: We'll go to Item 4, for a presentation by Ray Buck and Tara Bushnoe of U.G.R.A. describing the status of the Total Maximum Daily Load 12-14-09 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 Implementation Plan and their plan to apply for additional MR. BUCK: Your Honor, Commissioners. JUDGE TINLEY: Pleasure to have you here. MR. BUCK: Thank you. Thank you. I know your time is important, so I'm going to be very brief, and we want to show you just a short Power Point to kind of recap the program. In 2002, the state water sampling program, and assisted by some local sampling, identified part of the Guadalupe as impaired; it was listed on the EPA's 303(d) list, which is of significant concern to local citizenry, in 2005. U.G.R.A. applied for a grant, and with assistance of many stakeholders, including this Commissioners Court and County staff, we've gone from just having a concern and wondering what to do about it all the way through an implementation plan, and are going after getting a grant to implement some of these best management practices. I want to commend your staff, and especially Commissioner Letz, for all the work that they've done in helping us get this thing through. So, with that, I want to turn it over to the project manager, Tara Bushnoe, who was instrumental in getting this thing done, and we'll go through that and answer any questions you may have. MS. BUSHNOE: Good morning, Commissioners, Judge Tinley. I just wanted to tell you where we currently are on 12-14-09 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 55 our implementation project, to address the bacteria conc~rns, and also tell you about future funding opportunities. Now, Ray's given a good background about how the impairment was identified. Every two years, the state assesses all available water quality data and compares it to the standards, and they found in 2002 that a reach of the Upper Guadalupe River in Kerrville was exceeding the E. coli bacteria levels of the standards for contact recreation, so once they classified this as impaired, it's listed in th~ state's water quality inventory and on EPA's list of impaired water, the 303(d) list. So, we're talking about this segment of the Upper Guadalupe River, but the impaired area is just that red dotted line from the confluence of Town Creek downstream to Flat Rock Lake. COMMISSIONER BALDWIN: Do you have specific points MS. BUSHNOE: We do have specific locations. COMMISSIONER BALDWIN: You do that every time? Same place every time? MS. BUSHNOE: Same place every time. COMMISSIONER BALDWIN: Okay, thank you. MS. BUSHNOE: And depending on the sampling program, you do it regardless of if it's raining or flooding or a drought or base flow, so that you are able to capture I all those. 12-14-09 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 JUDGE TINLEY: You say the impaired area is only MS. BUSHNOE: Yes, that 3 and a half mile reach is the T.C.E.Q. designated area. JUDGE TINLEY: Okay. ' MS. BUSHNOE: You know, there is tributaries coming into there, obviously lots of land, different land use activities in that area, so the project is going to, you know, encompass all those, 'cause they're distributing -- COMMISSIONER WILLIAMS: Tara? MS. BUSHNOE: Yes, sir? COMMISSIONER WILLIAMS: To Flat Rock here? Or MS. BUSHNOE: It includes part of Flat Rock Lake, so through -- I believe through Kerrville-Schreiner Park. COMMISSIONER WILLIAMS: Okay. But not all the way down to the dam? COMMISSIONER That's what we want to MS. BUSHNOE: COMMISSIONER MS. BUSHNOE: T.C.E.Q. must go throu process, and it's just BALDWIN: know. No, sir. BALDWIN: Once the ~h a total basically Does it take in Third Creeks Okay. impairment is identified, maximum daily load report a budget for bacteria. So, 12-19-09 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 enter the system on a daily basis and have it meet the standards, have it not be impaired. So, since it is impaired, we're over budget, and we want to get to budget, basically, so that's the percentage load reduction that needs to be achieved. This report is accepted state and federal -- at the state and federal level, and then the state must put together an implementation plan, so now we know what we have to reduce. How are you going to do that? And U.G.R.A. saw this as an opportunity to have local input into the plan. So, we applied for a grant a few years ago, as Ray mentioned, to increase water quality monitoring, to try to zone in on some of those bacteria sources, also to work with the contractor to assess, you know, what kind of bacteria load reduction can you get from excluding birds from roosting? Or what can you get from having pet waste stations in the area? Al1 these different calculations. We presented all this information to the state stakeholder group periodically. Commissioner Letz and other -- and City and County staff were on the group. And all of those recommendations were sent to T.C.E.Q., and they really included all of -- everything that we had given them in their official plan. And the bulk of that plan are explanations of these different management measures, best management practices, all different things that can be done to reduce 12-14-09 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 excluding birds from the bridges over the impaired area so they can't root roost directly over the water, managing waterfowl populations so they're not so concentrated, the ' City's continuing work on rehabbing sewer lines and keeping them inspected, and also the County's work on keeping O.S.S.F.'s registered and inspected. Pet waste -- pet owners' education program and some pet waste stations. Talk to people about how pet waste is a source for E. coli bacteria, especially at those riverside parks, 'cause when it rains, that can get washed right into the river. Education programs for livestock owners. There are a few areas just on the upper reaches of Town and Quinlan, and maybe on Camp Meeting just a little bit where there are some livestock pretty close to the streams, so just an education program for those landowners, and also reducing nonpoint-source pollution through stormwater runoff. A lot of this is done through the City of Kerrville's street sweeping program, and we've proposed some education programs for the general public about how nonpoint-source pollution travels through the storm drain system. So, there is kind of a long laundry list of different things that can be done, and Section 319 of the Clean Water Act is available funding in order to get some of these in place. Annually, Congress allocates money through 12-14-09 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 Section 319 to the EPA, and they in turn give it to the states. In Texas, it goes to T.C.E.Q. and the Texas State Soil and Water Conservation Board. Soil Board handles the ag focus projects; T.C.E.Q. handles the others. So, our project is really well suited for this grant funding, because it I addresses nonpoint-source pollution, and especially in an impaired area. And all of these projects need a 40 percent local match of the total project cost, and that can be made up of in-kind services. So, for example, U.G.R.A. staff time coordinating the project, working to get all of these implementation measures in place. Also, our water quality monitoring activities, all of that, we apply a value to it, and that goes towards the 40 percent necessary. We see an opportunity to collaborate with other local entities -- Kerr County, City of Kerrville, and TexDOT -- to get this 40 percent match for the grant application. And no county -- or no entity is going to be asked to outlay any cash at all. It all comes down through personnel, pretty much through staff time and things that you're already doing that happen to benefit this project. So, I've put together this, you know, list of activities that I think can contribute to this 40 percent match. I already talked about U.G.R.A. For Kerr County, we see a lot of opportunities to assist in education components, especially that we've approved putting together a homeowners' 12-14-09 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 guide -- homeowners' guide of septic systems for people so that they can recognize what they need to do to maintain their systems properly, and how to spot a failing system. Also, establishing -- we call it an O.S.S.F. priority area, so there's a certain setback from those tributaries to the river. May be 100 feet or 300 feet; I'm not quite sure yet. In that zone, we're going to really try to market that education program because of these citizens who, just by proximity, do have the biggest impact on the surface water values. We talked about putting some pet waste stations -- about five stations for Flat Rock Park, specifically. So, any county that's in the grant can pay for those stations. County staff time to put them in, and also to maintain them on a regular basis. If we can calculate that up to a value, that can go towards the 40 percent match. And also, counties have continued ability to accept -- through Animal Control, to accept waterfowl removed from the parks, so any Animal Control staff time to care for those animals can go towards the match. I've already had some preliminary conversations with County staff, and really applaud their efforts to work with me to kind of try to tease out a lot of these different activities and how we can tally them up. And we also see opportunities with City of Kerrville. Just -- we need their input on these bird deterrent structure plans, their 12-19-09 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 input on the plans, and also to provide traffic control when those -- those bird deterrent structures are getting installed. So, we're looking to put together the application; it's due on the 18th, and awards would be announced in the early spring, with funding to -- they are three-year projects. Funding would start in September of 2010 and go through August of 2013. So, we'd really like to partner with Kerr County to work towards that 40 percent match component necessary for the grant. We see it as a great opportunity to collaborate among entities to keep improving water quality in the community. Thank you very much. JUDGE TINLEY: Any questions for Ms. Bushnoe? COMMISSIONER BALDWIN: I have one. You and Ray , both made reference to Commissioner Letz. MS. BUSHNOE: Yes. COMMISSIONER BALDWIN: Does he drive y'all crazy like he does everybody else? (Laughter.) MS. BUSHNOE: No, he's trying to -- he's had some really great input in those stakeholder meetings we proposed. COMMISSIONER BALDWIN: That's what they all say in the beginning. COMMISSIONER WILLIAMS: You can be honest us. iz-i4-o9 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. BUSHNOE: No, I definitely value his contribution, for sure. COMMISSIONER BALDWIN: Thank you. MS. BUSHNOE: You're welcome. Thank you very much. COMMISSIONER WILLIAMS: Thank you, Tara. ~, JUDGE TINLEY: Thank you. We appreciate your ~ presentation. MS. BUSHNOE: Sure. JUDGE TINLEY: Anything else with regard to that particular item? COMMISSIONER LETZ: No. I approve -- we have an agenda item. I approve the resolution that is attached. j JUDGE TINLEY: Let me call the agenda item. Next Item, Number 5; consider, discuss, take appropriate action to adopt the resolution supporting U.G.R.A.'s grant application to T.C.U. and Kerr County's participation as an in-kind contributor. COMMISSIONER LETZ: I move approval of the resolution. COMMISSIONER WILLIAMS: Second. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval of the resolution. Further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. 12-14-09 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 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Thank you. MS. BUSHNOE: Thank you. JUDGE TINLEY: Thank you both for being here today. Let's move to Item 7; consider, discuss, and take appropriate action to discuss the concept plan for Lot 76 of Stone Leigh Ranch located in Precinct 2. There's our Road and Bridge Administrator with a very, very nice looking shirt on. Appreciate you being here, Mr. Odom. MR. ODOM: See, I'm a very honorable person. I keep my bets. COMMISSIONER LETZ: Who was the bet with? MR. ODOM: Huh? COMMISSIONER LETZ: Who was the bet with? MR. ODOM: Eva. This I will never live down, probably. I will have a picture in the Daily Times and everything else. COMMISSIONER BALDWIN: Eva, do you want me to take it? MS. HYDE: Please. COMMISSIONER BALDWIN: Get over there. (Commissioner Baldwin took a photograph.) MR. ODOM: Cheese. 12-14-09 b4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Wait. Can you get him to do MR. ODOM: No. COMMISSIONER OEHLER: There's a limit to everything. MR. ODOM: There's a limit. There's a limit there. I have something else that's not appropriate. I'm sorry, my wife will not forgive me. Lot 76 of the Stone Leigh Ranch Subdivision is a-- an unplatted piece of property. The 10.09 acres is located at 515 Red Bird Loop, and it's currently owned by the Hardins. The Hardins would like to divide the parcel into two tracts. The question the Hardins have is the dedication of the road right-of-way upon subdividing. The back lot is proposed to be 5.01 acres, and the front lot is to be 5.08 acres if the Court will allow the Hardins to convey by right-of-way easement instead of the fee simple. This would make it -- if not, then the fee simple would make the front lot only 4.76 acres, which would cause water issues. Under our 7.02 section of our subdivision rules, a road easement is allowed. If you take this out, we're doing this because -- they're doing this because of road -- I mean, water availability, and this is the way to do that. That road is by that easement. It's not fee simple that's dedicated to us. If the Court accepts the Hardin's concept plan, they would like to come back to the Court at a 12-14-09 b5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 future meeting and subdivide this lot under the alternate COMMISSIONER LETZ: Leonard, I think -- I certainly have no problem, but I think -- can't we also -- and I'm thinking of -- is it J.J. Lane? Or J.J. Lane is not a county COMMISSIONER WILLIAMS: Yeah. Well, not a County-maintained road. MR. ODOM: Not a county -- it's a private road. COMMISSIONER LETZ: Private road. I mean, I-- you know, I guess I don't have any problem with it, certainly with the concept of letting them do this. Somehow they need to get credit for that right-of-way. Whether it's deeded fee simple or by easement doesn't make any difference to me; whichever they'd rather do, or you'd rather take. COMMISSIONER WILLIAMS: In this case, we've allowed them to have 2 acres at 5-plus. COMMISSIONER LETZ: Right. Right. But, I mean, I think the intent of the water availability is clearly to take the gross acreage and -- and I think this meets that. MR. ODOM: It meets that. COMMISSIONER LETZ: So I think -- MR. ODOM: Whichever way they wish to go. COMMISSIONER LETZ: I think it's perfectly acceptable. 12-14-09 66 1 2 3 4 5 6 7 8 9 10 COMMISSIONER WILLIAMS: So you're just looking for MR. ODOM: Some way to lead -- that's acceptable to you so we won't have a variance on your 5.09. COMMISSIONER LETZ: Either way. It doesn't make -- I don't think -- well, if we have to do a variance, we have to do a variance, but either way is fine. COMMISSIONER BALDWIN: I agree with them. ' COMMISSIONER WILLIAMS: I don't have any problem 11 12 13 item? 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: All right, sir. JUDGE TINLEY: Are we ready to move on to the next COMMISSIONER LETZ: I guess the only advantage to doing fee simple, if they do the easement, then they've got to pay taxes. If they do it fee simple, we -- you know -- MR. ODOM: We have it totally, and -- but since the rest of the road is basically road easement, -- COMMISSIONER LETZ: Right. MR. ODOM: -- I don't -- COMMISSIONER LETZ: It qualifies. MR. ODOM: It qualifies. COMMISSIONER WILLIAMS: Yeah, it's good. JUDGE TINLEY: Okay. Ready to move on to the next item? 12-14-09 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: Yes, sir. JUDGE TINLEY: Let's go to Item 8; consider, discuss, take appropriate action for approval of the preliminary revision of plat on Lot 25 in Ingram Hills Subdivision, and located in Precinct 4. MR. ODOM: Yes, sir. Back about a year ago, , Mr. Hardy came to the Court. We had a preliminary and then we had a public hearing, and then the timeline, it expired, and he is back again. This was May the 27th, 2008, we had that public hearing concerning this revision of plat, but they never proceeded. Mr. Hardy would now like to proceed with revision of plat for Lot 25 in Ingram Hills Subdivision. He is dividing this into four lots. That is better than the six lots that he would be allowed to do. He is in the ETJ of Ingram, a high density O.S.S.F. and it has community water. At this time, we ask the Court for their approval of the preliminary plat. We'll come back to the Court for the final revision of plat at a future court date. I don't think we would have a problem. I don't think we need another public hearing. We've already had one, and just present a new preliminary plat, which is essentially the same thing we have. COMMISSIONER BALDWIN: The lot sizes are larger this time around than they were in the original plan? MR. ODOM: Well, the original was 12.881 acres, was 12-14-09 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 68 MR. ODOM: If you go into the rules, it says it's divisible by two, so that's six lots. So, he still has the ability to do these four lots, which would come under the looks like -- MS. COLBATH: Sorry. I live on Lot 25, and that's why I'm here. My husband and I bought -- JUDGE TINLEY: Ma'am, if you -- MR. ODOM: Would you like to -- JUDGE TINLEY: -- have something to say on this issue, come forward and tell us your name and address, and then tell us what you have to say about this item. MR. ODOM: They won't make fun of you just 'cause I have my hat on. JUDGE TINLEY: Okay. MS. COLBATH: I live on Lot 25, on part of it. And -- JUDGE TINLEY: And your name and address, please? MS. COLBATH: It's Ingrid Colbath, 110 Butler Road. JUDGE TINLEY: Okay, thank you. MS. COLBATH: My husband and I purchased a part of Lot 25 a couple years ago from Mr. Hardy, and the survey was 12-14-09 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 done last year. However, we've been waiting for the final survey so that we could -- I mean in the approval of the , replat so that my husband and I can get our deed and title and policy on our 2 and a half acres. And Mr. Voelkel has been out and surveyed our portion of Lot 25 out of the 12.81-acre total. And I guess, basically, that's it. We've had the O.S.S.F. I had Mr. Digges -- Charlie Digges come out, and he did a feasibility study for an O.S.S.F. facility on the Lot D, which is in the back, four point something acres, which was the only lot that, evidently, the Court decided they needed some feasibility study on for both water and O.S.S.F. feasibility. And that's all been done. So, that's my only interest here, is hoping that this gets finalized so that my husband and I can own part of that property that we've already bought. JUDGE TINLEY: This is one of the steps that's going to move that process along. MS. COLBATH: Yes, sir. Thank you very much. JUDGE TINLEY: Okay. Thank you, ma'am. MR. ODOM: Thank you. MS. COLBATH: Yes, sir. COMMISSIONER OEHLER: I move approval of the agenda item. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for 12-14-09 ~o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval of the agenda item. Questions or discussion? COMMISSIONER LETZ: Just one other question on the water system. Do we have a letter, or are we getting a letter that they're -- they have the capacity to add -- MR. ODOM: You know, I would -- I cannot answer that specifically, other than I know that there was a water system when we had the preliminary before. Commissioner, I would assume I had all that. I did not -- COMMISSIONER LETZ: Okay. COMMISSIONER OEHLER: I remember it being there, anyway. COMMISSIONER LETZ: But I just wondered, with the preliminary, since we have to redo it, we probably ought to get that letter at least reinitialed or something to show they do have that. MR. ODOM: We'll do that for the final. How's COMMISSIONER LETZ: For the final. MR. ODOM: For the final. COMMISSIONER LETZ: Right. JUDGE TINLEY: Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) 12-14-09 71 1 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: That motion does carry. Let's move to Item 9; consider, discuss, and take appropriate action to set a public hearing for the revision of plat for Lots 132 and 133 of the Vistas Escondidas de Cypress Springs Estates, and located in Precinct 4. MR. ODOM: Yes, sir. This is two lots being revised into one lot. Lot 132-R will then serve -- be served by a central water system. And at this time, no review is required by O.S.S.F. The Vistas Escondidas de Cypress Springs is a platted subdivision. Therefore, the dividing of Lot 132 and 133 must follow the revision of plat process. So, at this time, we ask the Court to set a public hearing for January the 25th, 2010, at 9:30 a.m. COMMISSIONER OEHLER: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded to set a public hearing on the matter for January 25th, 2010, at 9:30 a.m. Question or discussion on the motion? Al1 in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: Al1 opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Thank you, Mr. Odom. 12-14-09 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 72 MR. ODOM: Yes, sir. JUDGE TINLEY: And thank you for being such a good ~ sport. MR. ODOM: It was a good bet. And I hope next year, it'll -- somebody else will be wearing maroon. COMMISSIONER BALDWIN: They won't. How long do you have t o go through that? MS. HYDE: All day. COMMISSIONER BALDWIN: Today? MS. HYDE: All day. COMMISSIONER OEHLER: I understood it was just during the courthouse -- court time. MS. HYDE: All day. MR. ODOM: But I will say, there is a touch of maroon on this shirt at the bottom and at the top. So, my heart is still maroon. (Laughter.) COMMISSIONER WILLIAMS: At the bott om of the shirt? MR. ODOM: Sir? COMMISSIONER WILLIAMS: At the bott om of the shirt? MR. ODOM: The last button. COMMISSIONER WILLIAMS: Don't show it. (Laughter.) JUDGE TINLEY: Thank you, Mr. Odom. I notice you have your windbreaker there to cover up with. MR. ODOM: Well, I thought could I get away with that. The deal was to wear the shirt, and I was trying to 12-14-09 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 25 cover it up. JUDGE TINLEY: This might be a good place to take a 15-minute recess. We'l1 be in recess for 15 minutes. (Recess taken from 10:29 a.m. to 10:44 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might. Let's go to Item 10; consider, discuss, and take appropriate action on the San Antonio AirLIFE Guardian Angel plan. I put this back on the agenda. There were some employees inquiring about if we're going to move forward on this based upon the presentation that was made by the representative from Guardian AirLIFE. I think probably the only issue is what the source of funding is. If it's going to be a matter of -- of self-funding by each of the employees for the benefit of their families, why, the H.R. Director's going to have to figure out how to set that up. If it's going to be a matter where Kerr County does that as an additional benefit to its employees, why, then, of course, there's a different implementation methodology. But where are we, folks? What's the pleasure of the Court? COMMISSIONER BALDWIN: How much total money are we talking about if the County pays? And I just assume that you pay for everybody, whether Joe Employee over at the next department wants it or not. We automatically sign everybody up? 12-14-09 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 JUDGE TINLEY: Provide that as a benefit to our employees under their health benefits program? At $10 a pop, you're looking at -- maximum of maybe 300 employees; you're looking at $3,000. COMMISSIONER WILLIAMS: Is this a one-time fee or an annual fee? JUDGE TINLEY: That's annual. MS. HYDE: Annual. ' COMMISSIONER LETZ: I think we offer it up to each employee, and do it as a payroll deduction if they want to do it. COMMISSIONER BALDWIN: That's fine. That's fine. I'm just trying to find out, you know, what the cost is. JUDGE TINLEY: Was that a motion, Commissioner? COMMISSIONER LETZ: Yes, it was. JUDGE TINLEY: We have a motion. COMMISSIONER WILLIAMS: I'll second it. JUDGE TINLEY: And a second for -- to permit payroll deduction for the purpose of enrolling, with the cost to be paid by the employee. Question or discussion? COMMISSIONER WILLIAMS: One question. Is there any minimum number of people you need to enroll? MS. HYDE: 100. At least 100. COMMISSIONER WILLIAMS: 100. COMMISSIONER LETZ: I thought there wasn't a 12-14-09 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 MS. HYDE: At least 100 people that have to sign up. SHERIFF HIERHOLZER: If the County doesn't provide it, at least 100 have to sign up. COMMISSIONER BALDWIN: And we have 300 employees; is that right? I MS. HYDE: Give or take, yes, sir. COMMISSIONER LETZ: How much is it? $10? JUDGE TINLEY: $10 a year. MS. GRINSTEAD: Based on the responses I got, I don't think it will be hard to get 100. COMMISSIONER WILLIAMS: You don't think what, Jody? MS. GRINSTEAD: I don't think it will be hard to get 100. COMMISSIONER WILLIAMS: It will not be too hard? MS. HYDE: To set everyone's mind at ease, I notified the other company in town four times, talked with them four times, and we haven't received anything back. So, they -- you know, we encouraged them to come talk. COMMISSIONER LETZ: Okay. Good. JUDGE TINLEY: 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.) 12-14-09 76 1 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. Let's move to Item 11; consider, discuss, and take appropriate action to designate Commissioners' and Judge's liaison appointments for various functions for calendar year 2010. COMMISSIONER WILLIAMS: Same as last year? JUDGE TINLEY: Well, we've got -- that's what we got as a starting place, at least. If there's any desire to make any changes, why, it's there. Anybody that doesn't like where they are, want to go somewhere else? Or -- COMMISSIONER BALDWIN: Well, you saw the great job I did with the EMS thing this morning, so I've got to stay with that thing. There's no telling what we'l1 win next. JUDGE TINLEY: Rusty -- Rusty wants to run for commissioner so he can be appointed, apparently. He has his ~ hand up. SHERIFF HIERHOLZER: Not hardly. But three years ago, I think we had Buster. The last two years, I've had Mr. Letz -- Commissioner Letz. And I would ask that the Court consider, if he will take it, Bruce Oehler for the jail and Sheriff's Office this year; let everybody see the different things. Bruce doesn't have enough to do. COMMISSIONER OEHLER: That's quite a claim. COMMISSIONER BALDWIN: I'll second that motion. 12-14-09 ~~ 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 JUDGE TINLEY: As soon as you find somebody to make COMMISSIONER LETZ: Aren't you off the airport -- the library? COMMISSIONER OEHLER: Well, basically. I mean, that's really a non -- non-issue, because we're just contributing a set amount of money, and we don't -- we never really had any say anyway. COMMISSIONER LETZ: I mean, do we need to leave the library in here? COMMISSIONER OEHLER: Hmm? COMMISSIONER LETZ: Do we need to leave that on the list? COMMISSIONER OEHLER: Leave it on the list. I go periodically, whenever they have stuff that's just of ' interest. Whenever they're talking about new building -- COMMISSIONER LETZ: Okay, that's good. COMMISSIONER OEHLER: -- funding, which we're not going -- I guess maybe to protect us from being blindsided with a request for funding or something like that. MS. HYDE: Y'all could trade. COMMISSIONER OEHLER: That'd be fine. Jon, you can take library. COMMISSIONER LETZ: I mean, in reality -- when does the Library Board meet? 12-19-09 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 COMMISSIONER OEHLER: It meets once a month; it's on the second Tuesday, I believe. COMMISSIONER LETZ: What time? COMMISSIONER OEHLER: 4 o'clock. COMMISSIONER LETZ: That's all right. I'll do that. I'll do library; I've never done the library. COMMISSIONER OEHLER: That works for me. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: What are you adding? COMMISSIONER LETZ: We're just switching law enforcement for library. COMMISSIONER OEHLER: We just swapped. COMMISSIONER LETZ: The City will be so happy. COMMISSIONER OEHLER: Of course they will. COMMISSIONER WILLIAMS: They'll be happy to see you on the Library Board. COMMISSIONER LETZ: Yeah. COMMISSIONER OEHLER: They would absolutely like to see a different face than mine. COMMISSIONER WILLIAMS: I can hear the cheer going up now. COMMISSIONER OEHLER: They probably already started. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: Move approval of the 12-14-09 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 liaison appointments with the change that removes Commissioner Oehler from the Library Board and puts Commissioner Letz in that place, and puts Commissioner Oehler on the Sheriff's -- JUDGE TINLEY: Law enforcement/jail. COMMISSIONER WILLIAMS: -- law enforcement/jail. COMMISSIONER OEHLER: What about one more? We have the Court Compliance office over here, and we don't have an appointed liaison for that office. COMMISSIONER WILLIAMS: Never have had. COMMISSIONER OEHLER: Do you think we need to or not? COMMISSIONER WILLIAMS: Something to talk about. COMMISSIONER LETZ: We don't have -- we don't have -- I mean, I don't have a problem with that one, but we don't have -- what's your job? -- H.R. on here either. COMMISSIONER OEHLER: And I.T., but that's okay. Those are -- COMMISSIONER WILLIAMS: We don't have H.R. listed, although you and I have done some work with H.R. in the past. COMMISSIONER OEHLER: Continuously. COMMISSIONER WILLIAMS: That's probably one that ought to be on there, really, Human Resources. COMMISSIONER OEHLER: I guess it could be. I think we all kind of have a shot at that one. 12-14-09 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 MS. PIEPER: Bruce Oehler would be good with Court Compliance as well. JUDGE TINLEY: Say again? MS. PIEPER: Commissioner Oehler would be good with Court Compliance as well. ~ COMMISSIONER OEHLER: Hey, now, wait a minute. (Laughter.) Whoa, whoa, whoa. COMMISSIONER WILLIAMS: I wouldn't mind working with Ms. Hyde on human resources issues. The County Judge also works on those issues. JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: I think it's good to -- you know, to -- I think we ought to have an I.T. person, personally, too. COMMISSIONER OEHLER: That wouldn't do me any good to play with that one. JUDGE TINLEY: Yeah, I see as possibilities Court Compliance, I.T., and H.R. That pretty well fills out the list, according to my recollection. COMMISSIONER LETZ: Any of them. Makes no difference to me. MS. GRINSTEAD: Is there one for Road and Bridge also? 'Cause it's on there; I added it, but we didn't have it before. I don't know. COMMISSIONER LETZ: I mean, the only thing that 12-14-09 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road and Bridge -- and I'm kind of -- Leonard comes to me for , COMMISSIONER LETZ: But, you know, obviously, it doesn't -- I mean, that's the only really county-wide thing. I think he goes to each of us individually for individual precinct issues, roads and all that stuff. COMMISSIONER OEHLER: Mm-hmm. COMMISSIONER LETZ: Which is what he should do. MS. GRINSTEAD: Just someone had requested that. COMMISSIONER OEHLER: Seems to me the County Judge is a little lacking in the number of duties he has here for various -- JUDGE TINLEY: Yeah, I really need something else to do. COMMISSIONER OEHLER: I know he has plenty of other COMMISSIONER WILLIAMS: Why don't I withdraw the motion I offered and we start again here? (Laughter.) JUDGE TINLEY: You want to keep what you got and add something to it, is what you're saying? COMMISSIONER WILLIAMS: I think we're going down that add-to road here. JUDGE TINLEY: Okay. Okay. COMMISSIONER LETZ: I mean, if you -- I mean, you 12-14-09 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can put road -- put Road and Bridge/Subdivision. I'm doing that. I don't know that it needs to be on here, but that's COMMISSIONER WILLIAMS: Well, it needs to be on there, because we get a report every now and then. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: And that's just -- I think this is in keeping with the Open Meetings Act on things that we possibly will talk about during any given Commissioners Court meeting. JUDGE TINLEY: Road and Bridge-slash-Subdivisions? COMMISSIONER LETZ: Right. JUDGE TINLEY: Commissioner Letz, okay. COMMISSIONER OEHLER: That works. COMMISSIONER BALDWIN: Well, let's see now. COMMISSIONER LETZ: Buster's thinking. COMMISSIONER BALDWIN: Well, I am. I've had two thoughts this week. And -- SHERIFF HIERHOLZER: That's dangerous. JUDGE TINLEY: Don't start at the first one. COMMISSIONER BALDWIN: I'm not -- I've already forgotten what the first one was. I just want to be careful that -- that you're not doing things with Road and Bridge in my precinct, and I don't know about it. COMMISSIONER LETZ: That's what I say; this is only 12-14-09 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subdivision. COMMISSIONER BALDWIN: I don't want that to happen. COMMISSIONER LETZ: I don't know -- COMMISSIONER BALDWIN: And neither do y'all. COMMISSIONER LETZ: No, we don't need that to come down to Precinct 3. You know, this is -- I mean, the only thing I do there, and I don't see any change, is that if there is a-- a platting issue as to the interpretation of our rules or state law, either Kelly or Leonard calls me right now. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: And that's what it is. COMMISSIONER BALDWIN: I'm all for that. Well, they do that anyway. COMMISSIONER LETZ: That's what I said. It's not really a change, I don't think. It's a-- it's just doing it. I think -- you know, I don't think Leonard's going to -- you know, and I think in all these things, I think it's important that, whether you're liaison or not, you know, you can be involved as much as you want with any of these departments, and you should be involved in all departments. COMMISSIONER OEHLER: Well, now, the major involvement is really more of a-- of information-type stuff in the ones I deal with, which mainly is Animal Control and Environmental Health, to where I'm kept aware of everything 12-14-09 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that goes on in both in everybody's precinct, as well as y'all get copies of everything going on in your own individual, just so that people calling and questioning me, I have information about what's going on, you know. COMMISSIONER LETZ: But, like -- but in, like, Environmental Health, I mean, I don't think you get involved in the details in my precinct. COMMISSIONER OEHLER: Absolutely not. COMMISSIONER LETZ: You just know what they're doing. COMMISSIONER OEHLER: Yeah. COMMISSIONER LETZ: Because if they -- if you are getting involved, then they're spending way too much time explaining what they're doing, because they call me about it, which is what I want them to do. COMMISSIONER OEHLER: No, that's not the -- that's not the deal. And everything, I think, deals with more of, you know, just kind of the day-to-day operation somewhat, and whenever they feel like I need to be informed about something. But I don't make decisions for them. JUDGE TINLEY: So, Road and Bridge/Subdivisions. COMMISSIONER LETZ: I think just put -- get "Road and Bridge" off. JUDGE TINLEY: Put precinct commissioner-slash -- COMMISSIONER LETZ: Why don't we get rid of "Road 12-14-09 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Bridge" and just put "Subdivision." JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That's better. Probably less confusion. COMMISSIONER OEHLER: That works. COMMISSIONER BALDWIN: And leave that just Letz. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Okay. So, we have H.R., Court Compliance, and I.T. COMMISSIONER LETZ: Out of that list, my preference would be either Court Compliance or H.R. COMMISSIONER WILLIAMS: Your preference? COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: For you? COMMISSIONER LETZ: 'Cause I don't understand I.T. COMMISSIONER OEHLER: Do you think anybody -- well, COMMISSIONER WILLIAMS: Well, I would volunteer for H.R. And the Judge has always been on H.R. COMMISSIONER BALDWIN: And then let's give Number 3, I mean -- Court Compliance? COMMISSIONER LETZ: What are you getting? H.R.? COMMISSIONER OEHLER: Hey, I just got the Sheriff. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: He just took over. 12-14-09 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Then I'll do Court Compliance. COMMISSIONER BALDWIN: Okay. COMMISSIONER OEHLER: Do I get extra time for this? SHERIFF HIERHOLZER: Overtime pay. COMMISSIONER WILLIAMS: A gold star. COMMISSIONER OEHLER: Yeah. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Bruce has got I.T.? COMMISSIONER OEHLER: Not me. COMMISSIONER BALDWIN: You're Bruce. COMMISSIONER OEHLER: I don't get I.T. COMMISSIONER LETZ: Buster gets I.T. COMMISSIONER BALDWIN: John and I will kill each other. COMMISSIONER LETZ: Good. COMMISSIONER BALDWIN: I'll take it. COMMISSIONER OEHLER: How about the Judge takes I.T.? COMMISSIONER LETZ: No, he gets I.T. COMMISSIONER OEHLER: Oh, no, we got a real problem. COMMISSIONER BALDWIN: Yep. JUDGE TINLEY: You guys want me to take I.T.? COMMISSIONER BALDWIN: Yep. MS. PIEPER: Yes. 12-14-09 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: Didn't take long. COMMISSIONER WILLIAMS: Not a bad suggestion, I Judge. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Let me see the list so I can move it. JUDGE TINLEY: I got it right here. COMMISSIONER OEHLER: Are you going to do Court Compliance? COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: Let's read it in the record. JUDGE TINLEY: All right. COMMISSIONER WILLIAMS: I move that we approve the liaison appointments, with the following changes: Library Board becomes Jonathan Letz. Law enforcement becomes Bruce Oehler. We're adding to our assignments Subdivision, Commissioner Letz; Court Compliance, Commissioner Letz; I.T., County Judge; H.R., Commissioner Williams and County Judge. JUDGE TINLEY: Is that your motion, then? COMMISSIONER WILLIAMS: That's a motion. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and a second. Question or discussion on that motion? All in favor of that motion, signify by raising your right hand. 12-14-09 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion carries. Thank you, gentlemen. Let's move to Item 12; consider, discuss, and take appropriate action to reappoint two members of Emergency Services District Number 2, and possibly new appointment of one member. Commissioner 4? COMMISSIONER OEHLER: It's time to make -- I have two names for reappointment today. We'll be one short, but I'm waiting on an answer for that new appointment. So, I recommend that we reappoint Ben Alves and Evelyn Bloys to the ESD Number 2 as commissioners. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for the appointment of Ben Alves and Evelyn Bloys. These are reappointments? COMMISSIONER OEHLER: Yes. JUDGE TINLEY: As members of the board of Emergency Services District Number 2. Question or discussion on the motion? COMMISSIONER BALDWIN: You said there was -- is there three openings? COMMISSIONER OEHLER: Well, there -- there are three openings, but they'l1 still have a quorum with -- with 12-14-09 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these two -- COMMISSIONER BALDWIN: I understand. COMMISSIONER OEHLER: -- appointments. COMMISSIONER BALDWIN: So, how many is on the I board? COMMISSIONER OEHLER: Five. COMMISSIONER BALDWIN: There's five, so three this time and two next time? COMMISSIONER OEHLER: Right. COMMISSIONER BALDWIN: Okay. COMMISSIONER OEHLER: And I'm still working on the one, just because there may be a conflict, and she has to make sure it's not a conflict with her job, which I don't see the problem. COMMISSIONER BALDWIN: Is this a new appointment? A new person? COMMISSIONER OEHLER: Yes. JUDGE TINLEY: 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: The motion carries. Item 13 is to consider, discuss, take appropriate action to authorize 12-14-09 ~o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ educational step increase in accordance with existing policy for employees of Auditor's office who receive training and certification as certified investment officers. I put this on the agenda because of the recent training and certification by Tracy Soldan as a certified investment officer. She, along with our Treasurer, Mindy Williams, went to this training and received certification. And, as I'm sure the Court is aware, approximately 10 years ago now, the Court adopted a policy to allow for a one-step increase for -- for educational incremental increases, and I think this falls under -- under that program. So, that step increase would be a one-step educational increase. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: I'll second it, but I have a question. JUDGE TINLEY: Motion made and seconded. Question or discussion? COMMISSIONER BALDWIN: What is -- is that -- has this particular one been budgeted? Did we see this coming when we did the budget? JUDGE TINLEY: I don't think we did. And it's going to be effective November 1, because the training was completed and certification as of October 30th, I believe, so there's going to have to be some payroll adjustment in connection with that. Now, source of funding. Ms. Hargis? 12-14-09 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 MS. HARGIS: Going to take it out of my extra part-time help. COMMISSIONER BALDWIN: What do we -- where do we put the money that -- like law enforcement, that we know is going -- this is going to happen? MS. HARGIS: We budget part of it. We don't budget all of it, because we don't know exactly how many people are going to it and how many people are not, so we take the median, which is generally what we've done. COMMISSIONER BALDWIN: Okay. You take the median, and then where do you put that money? MS. HARGIS: We put it in a salary line item. COMMISSIONER BALDWIN: In the Sheriff's Office? MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: Where -- you're going to take this one from where? MS. HARGIS: My part-time line item. COMMISSIONER BALDWIN: Okay. MS. HARGIS: It just didn't dawn on me when I had to go to the school too that she's going to be certified, and so it's my fault for not, you know, seeing ahead on that one. But it is a pretty -- it is a week-long -- it is a-- you know, it's an asset to the department. COMMISSIONER BALDWIN: You think I'm fussing with you about it, but I'm not. This is one of the best things 12-14-09 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we've ever done, I think, is -- is rewarding people to get education. My god, that's what we're supposed to be doing. COMMISSIONER LETZ: Also keeps them around. They lose that when they leave. COMMISSIONER WILLIAMS: How does that annualize out? MS. HARGIS: $900. COMMISSIONER WILLIAMS: How much? MS. HARGIS: $900. COMMISSIONER WILLIAMS: Okay, thank you. COMMISSIONER BALDWIN: Very good. COMMISSIONER LETZ: Okay. JUDGE TINLEY: 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. Next item is Number 14; consider, discuss, and take appropriate action to designate county representative to serve on the Economic Development Task Force. I put this on the agenda. As I'm sure most of you are aware, there is a transition going on with respect to the economic development function in Kerr County. Initially, there was one effort recently made 12-14-09 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 proposing that the City take that over in-house. That effort was not approved by City Council. Instead, the -- the plan being worked on at this point is to appoint a-- a task force composed of, I believe, 10 individuals from the various stakeholders involved in the economic development function. City Council has appointed the mayor. We've got others involved; KPUB, KEDF, KISD, EIC, and there will be a small and a large business rep, and there are some others that make up the total. There's a request that the County, by vote of this body, appoint a representative, being either -- being a member of this Court, either myself or one of the Commissioners, to serve in that capacity. COMMISSIONER BALDWIN: Judge, I would want you to serve there, simply because of your work that you've put in this thing so far, and probably the most important thing they do. I understand all the wonderful things they do; I hear about it every day. But the really -- the really important thing that they're doing -- you all are doing, you're doing, is the leveling of the ad valorem and the business taxes. I think that that is an issue that we're 100 years overdue. And you're the only -- you've been in the driver's seat for a number of years of doing that, and I would hate to lose that, because that's a strong thing going on. COMMISSIONER WILLIAMS: I agree with that 100 percent. 12-14-09 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 COMMISSIONER BALDWIN: Would you second my motion? , COMMISSIONER WILLIAMS: Absolutely, I would. COMMISSIONER BALDWIN: All right. Done deal. JUDGE TINLEY: We have a motion and a second. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion carries. Thank you. I appreciate that. And as you know, that is probably my number one priority for many years, is economic development. I note that Mr. Peter Lewis is here, so I want to move to Item 23, give him an opportunity. Consider, discuss, take appropriate action to authorize and/or approve preliminary planning, evaluation, and other preconstruction activities or procedures in connection with proposed Law Enforcement Annex-slash-Adult Probation building, including, but not limited to, approval of floor plans and/or specifications, and authorizing appropriate bid and/or construction documents and advertising for bids and/or proposals for various aspects for the construction of the building and related improvements. MR. LEWIS: Could you read that one more time? (Laughter.) Judge, Commissioners, thank you. I actually 12-14-09 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wanted to report on two projects; one is the windows, and the annex, but I'll report on the annex first, since it's the agenda item. We -- we have completed the development site plan review process with the city, which means that the City has reviewed our site plan and building concept formally, through a process that addressed drainage detention, utilities, zoning, parking, fire marshal, and have made it through that. We have -- we're in one last conversation with the fire marshal about turnaround for his fire trucks on the property. We think we have a good solution that makes sense for y'all, and that's what we're advocating. But other than that, the site issues have been addressed, and that includes detention ponds over there. You know there's a big drainage issue there. We have all of our consultants' work complete, which means mechanical, electrical, plumbing, structural engineer, civil engineer, site work. We're doing final coordination on that. We're going to meet with staff one more time this week, with Clay and whoever else from the Sheriff's Office, and then with Clete Buckalew to review their front office layout. We had met with them and talked conceptually about that, done detailed drawing, mill -- mainly mill work, and how the desk and the counters -- the service counters work and -- before we issue that. And our commitment to you is that, as we discussed, Judge, we've discussed us to have bid 12-14-09 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 sets, sealed drawings here in front of you on the 28th for your blessing, and those will have been vetted. And then the process after that, of course, will be bidding, building permit, and construction. We have already been contacted by local contractors about the project a number of times, but also by at least one aggressive San Antonio contractor, and so I suspect once you go out to bid, that it's a large enough project that it'll get some pretty good interest. So, that is our -- that is our status on that. The status on the courthouse windows, you're aware of the progress, and the ground floor is complete. I spoke with the contractor this morning. They are not on-site. He's -- he was waiting for the ground to dry out a little bit more before they come back. They have 34 windows, the final group of windows, on-site, accounted for. Their schedule is to complete no later than the middle of January, complete the windows, and then these end doors, and then they said they would then tackle the front door, the main door, with the hardware upgrades that -- that we had previously discussed, in January. So, you should be through during that time. But I gather on -- my assessment is the windows are -- it was a delightful conclusion. They look good from the outside. The finish is a-- is a credible match for the inside that we -- we're really pretty fortunate. And -- and it appears we've made it through some of these 4-inch -- 2- or 3- or 4-inch 12-14-09 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 rains we've had, and they're performing for you. So, I think that is what you expected. COMMISSIONER BALDWIN: Mm-hmm. MR. LEWIS: And I'll be happy to field any ~ questions. JUDGE TINLEY: You're going to bring us some alternates on the bidding process also? MR. LEWIS: We can do that. JUDGE TINLEY: Last meeting of this month? MR. LEWIS: Yes. JUDGE TINLEY: We've discussed some various alternatives. MR. LEWIS: Right. We're going to do a foundation package or a -- right. JUDGE TINLEY: Mm-hmm. MR. LEWIS: And maybe and you and I ought to talk about that this week. COMMISSIONER BALDWIN: The 28th? MR. LEWIS: Yes, sir. COMMISSIONER BALDWIN: Of? MR. LEWIS: December. COMMISSIONER BALDWIN: December. JUDGE TINLEY: He will bring us the final plans to go out for bid right after the first of the year. COMMISSIONER BALDWIN: Okay. 12-14-09 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: The general feeling in the trade is that you don't want to bid anything during this period of time. You want to wait till after the first of the year, when you get maximum -- maximum interest and participation. COMMISSIONER BALDWIN: I've had a couple of people say, "Hey, I've got a cousin that's in the business," you know. Where -- how are we going to do this bid thing? Where will they -- will they come through you or come through him? MR. LEWIS: The advertisement will come through the county. COMMISSIONER BALDWIN: Okay. MR. LEWIS: Then we can arrange to have -- we will arrange to have them pick up bid sets at our office. COMMISSIONER BALDWIN: Okay, yeah. MR. LEWIS: But y'all will handle the bidding process as you typically do, with advertisement notice and -- but we'll facilitate that by -- you know, we'll have a local printer -- Jackson RepoGraphics will do the printing. We'll keep the business local, be able to get additional sets for the contractors as they need them. They will issue a prescribed number with a deposit on those, and then there will be commercial -- there'll be commercial grade insurance requirements consistent with the size of the job. And I'd like to visit with you a little bit more about that before we put those into the specification, but make sure that they are 12-14-09 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consistent with the county requirements, county minimums. And so -- but the -- I would say the bid notice will be in January, and if they just keep an eye on it, and if they can -- you know, if they want to meet those requirements. JUDGE TINLEY: If there's any contractor that wants to receive actual notice of -- of the bids, be happy to make I a list, 'cause we want maximum participation -- COMMISSIONER BALDWIN: Yeah, absolutely. JUDGE TINLEY: -- of qualified -- qualified contractors. The more, the merrier. MR. LEWIS: The key being "qualified." JUDGE TINLEY: Pardon? MR. LEWIS: The key word being "qualified" contractors. JUDGE TINLEY: Oh, yeah. COMMISSIONER LETZ: It will be a 30-day period, what you anticipate? MR. LEWIS: Oh, I-- no more than that. I mean, I think this is probably -- this could be a three -- over -- it's a three-week to four-week bid process tops, so -- it's a pretty simple building. At the end of the day, it's just a lot of walls, a lot of doors, and it's a metal building. So, I think that -- three weeks. So, yeah, by the end of January or middle of February, sometime in that period, you'd have -- and then you're not obligated -- I don't know. I think 12-14-09 100 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 they're publicly opened, and then I don't know what your obligation is to make a commitment, but that -- we will build that in the specification as well in our invitation to bidders. We -- after some discussion with the Judge, we'll let them know that after -- within two weeks or 10 days -- business days or whatever the prescribed time is, that Commissioners Court will make a decision about how they're going to proceed. And you have the right to waive all bid irregularities, all that stuff. COMMISSIONER LETZ: We ought to, I mean, try -- on the timing standpoint, I don't -- haven't looked at the calendar, but try to do -- not really do a special meeting, but match it up so that we open bids our second meeting in January, if possible. And then we can award the contract the first meeting in February. MR. LEWIS: I'd say that's possible, mm-hmm. That advertisement -- MS. HARGIS: The advertisements have to go in a certain number of times; it's three consecutive, because of the size of this contract. COMMISSIONER LETZ: Got to go in three times? So, we may have to push that back into possibly the -- COMMISSIONER OEHLER: I'd say February. COMMISSIONER LETZ: -- first February meeting, and then the second February meeting to award the contract. Or 12-14-09 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 we can always hold a special meeting. MS. HARGIS: We also probably want to be in -- in the same time frame as the bond issue. We may -- you know -- COMMISSIONER OEHLER: Got to get money in if you're going to pay for this. COMMISSIONER LETZ: That's true. I'd rather have that first, certainly before we award it. COMMISSIONER OEHLER: Yeah, I would think that would be a good idea. MR. LEWIS: We can bid it subject to -- subject to funding, certainly. That's not a problem. And I don't think we'll have a problem getting the bids. That's not going to -- 22 23 24 25 COMMISSIONER LETZ: Good. Okay. JUDGE TINLEY: Anything else? MR. LEWIS: No, sir. JUDGE TINLEY: Thank you for your report. COMMISSIONER OEHLER: Just how long will those bids be guaranteed for, though? MS. HARGIS: We're asking for that. I think we should ask for that, maybe a 30-day guarantee. MR. LEWIS: Thirty days? We always do that as a minimum. It's hard to get anything beyond that. We've put 60 days in before, and people really don't honor those if push comes to shove. Some don't. Some do, some don't. 12-14-09 1~2 1 2 3 4 5 6 7 COMMISSIONER LETZ: Thank you. MR. LEWIS: Appreciate it. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Let's go back to Item 15; consider, discuss, take appropriate action on withdrawing the appeal from the Texas Water Development Board on the DFC's set by GMA-9 for the Hickory and Ellenberger Aquifers. Commissioner 8 I Letz. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: In the backup, there is -- I guess in the minutes from whatever that -- the November 30th meeting of GMA-9 where they formally, in their words, clarified their original intent. Which is interesting that they clarified it this way, considering they fought us at the hearing over these points and wouldn't clarify it then. But, anyway, they did go ahead and clarified that they did not intend to set the DFC's for the Ellenberger and Hickory Aquifers. Their action on November 30th formally modified that, and I will make a motion that we withdraw our appeal to DFC's set by GMA-9 as originally set for the Hickory and Ellenberger Aquifers based on their action of November 30th, 2009. JUDGE TINLEY: Motion made and seconded for COMMISSIONER OEHLER: Second. 12-19-09 1~3 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 COMMISSIONER LETZ: I may also add, in that motion, this does not have any impact on the appeal of the Edwards Trinity Aquifer. COMMISSIONER BALDWIN: Yeah. Judge, I do have a ' question. What kind of language did they use? I'm just curious. Did they say, "We were wrong by saying what we said"? COMMISSIONER LETZ: They said they clarified it, what their original intent was. COMMISSIONER BALDWIN: And the original intent -- COMMISSIONER LETZ: Was to set it only for -- DFC only for Blanco County. COMMISSIONER BALDWIN: Okay. Why didn't they say that in the beginning? COMMISSIONER LETZ: Well, because that's not what they did originally. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: And they knew what they did, but anyway -- COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER after the Water Develo probably needed to fix BALDWIN: Okay. So, they fixed -- LETZ: They fixed the problem. BALDWIN: Fixed it. LETZ: Based on -- and they fixed it ~ment Board advised them that they it. 12-14-09 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Because there's no evidence ' of either one of those four measures being in Kerr County, and they didn't post it properly. JUDGE TINLEY: The agenda item referred only to Blanco County also. COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Which was somewhat limited. 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: The motion carries. COMMISSIONER LETZ: And I will -- just for information, I will forward a copy of the court order, once we get one, to Water Development Board. JUDGE TINLEY: Okay. Let's go to Item 16; consider, discuss, take appropriate action concerning potential zoning issues at the airport. Commissioner Letz? COMMISSIONER LETZ: This is on the agenda based on a conversation I had with Ken Minas from the city staff related to zoning around the airport. And the City Council took this up at their last meeting, and I think that -- you know, I, anyway, am fully in lock-step with what the City's doing on this one. In 1992, the City did a-- a zoning 12-14-09 1~5 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 ordinance and a zoning adjustment board was created, and it kind of languished. Back then, you'll recall there was an advisory board, and nothing really has been done relating to any zoning issues at the airport since 1992. And I brought it up, I guess, two years ago, that this was a concern of mine, and I think the County's. They are now going forward. They've -- I think City Council asked Mike Hayes to get with Ilse Bailey to go over exactly the -- if that 1992 action is still valid and how it should be implemented, what needs to be done. And that's -- I support them doing the legal finding to that. All my other comments I told them is that, in my opinion, that it was my personal opinion -- not the whole Court, 'cause we hadn't addressed it -- that the Airport Board should be the one in charge of airport zoning, and that what they recommend should then come back to the City and the County for us to approve. I said, "I think this is an Airport Board function and should not really be handled by the City staff, or County. COMMISSIONER WILLIAMS: When you say Airport Board should be in charge, you mean the Airport Board should sit as an airport zoning board of adjustment; is that correct? COMMISSIONER LETZ: I think -- that's my personal feeling, is they should -- should fill that role. But at a minimum, I think it needs to go to them and they need to come back with a recommendation whether they should sit or there 12-14-09 106 1 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 fine. I just wanted to make sure that they're on a path where the end result will be that the Airport Board would convene also when necessary as an airport board -- airport zoning board of adjustment. COMMISSIONER LETZ: Right. And we didn't get that far. We just got to the point that the Airport Board needs to come back to the City and the County and say how they think it should be done. I don't know if Mike Hayes has contacted the County Attorney. MS. BAILEY: I've not spoken to him yet about it, but I did attend that meeting, so I'm kind of aware of what -- the direction that they want to look into. COMMISSIONER LETZ: This is really just an informational item to make sure that that's the path everyone's moving on right now, and then it will come back to us once there's some sort of a recommendation. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Anything else on that item? COMMISSIONER LETZ: No. JUDGE TINLEY: Any more questions? Let's move on to Item 17; consider, discuss, take appropriate action to recommend to the Charles Schreiner Road Fund Trustee, which is Security State Bank and Trust, the manner of expenditure 12-14-09 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ' of earnings from the trust. I put this on the agenda in response to a letter from the Security State Bank and Trust. Lo and behold, apparently during the budget process, we had already identified where the expenditures should be made. Apparently, I was unaware of that. It's now attached as part of the backup material for Precinct 1 and the -- the road trust budget out of that goes to Coker Road in Precinct 1 and Cuthbert Road in Precinct 4. So, I'm not sure we need to take any action; I think it's approved. MS. HARGIS: Yeah, we need an order. They require an order because of being a trustee. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: They told me they did not require an order. If we just leave everything like it is, it goes on and keeps running. MS. HARGIS: They want -- they sent me a letter and asked for some kind of documentation that the Court approved it. I either have to send the budget notes or something, so -- COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: Why don't we send the budget? COMMISSIONER BALDWIN: Whatever. I don't mind. I don't mind doing a court order. I'm just telling you what they told me the end of last week. So -- MS. HARGIS: I-- you know, they made me do that 12-14-09 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 last year. So, I mean, they're contradicting what they told me last year. So, until I send them proper paperwork saying that it's approved, and I have to go back -- sometimes it's approved in these workshops, so I have to go back and find the specific subject where it was approved. So, if you'll just do it in an order now, it's easier for me. COMMISSIONER WILLIAMS: The last paragraph of the letter from Security State to the Court says that absent a request from Commissioners Court, that they'll continue to accumulate interest, so that suggests that they need some direction to spend it. MS. HARGIS: Right. And that's what -- I think that's what the trust requires. COMMISSIONER BALDWIN: That's correct. COMMISSIONER LETZ: Okay. COMMISSIONER OEHLER: Well, Cuthbert's finally 22 23 24 25 JUDGE TINLEY: As per the budget? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: That way Voorhees won't have going to get paved. COMMISSIONER LETZ: So, one and four, since it's your money, you make the motion. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER OEHLER: I second it. 12-14-09 109 1 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 spill coffee on himself hitting potholes any more. COMMISSIONER BALDWIN: I'd forgotten about the budget issue as well. JUDGE TINLEY: We have a motion to notify the I Security State Bank and Trust, the trustee of the Schreiner Road Trust, for the expenditure of the funds in accordance with the budget approved by the Court for this current fiscal year. Questions or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion carries. We can move to Item 18; to consider, discuss, and take appropriate action to address possibility of prohibiting the sale or use of restricted fireworks, those being skyrockets with sticks and missiles with fins, in any portion of the unincorporated areas of Kerr County pursuant to Local Government Code Section 352.051 for the December fireworks season. Would this also extend over into January? COMMISSIONER WILLIAMS: I would think so. COMMISSIONER BALDWIN: January 1. MS. GRINSTEAD: In the backup, it says -- that's just how they refer to it on the backup I've given. It says December season. 12-14-09 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Be the first time in a long time. I'm not sure that Marvin Gazaway can get along with that, but I'll go along. COMMISSIONER WILLIAMS: No, fire chiefs won't be ~ happy. But -- JUDGE TINLEY: Any member of the Court have anything to offer in connection with that? ', COMMISSIONER BALDWIN: Judge, I'm not willing to take any action. I think we need to -- JUDGE TINLEY: Okay. Anybody else? Let's move to Item 20; consider, discuss, take appropriate action to approve maintenance contract with Diana Twiss, independent consultant, for software application maintenance agreement for the Kerr County Attorney's office. Ms. Bailey? MS. BAILEY: Yes, Your Honor. The County Attorney's office got with Diana Twiss, who is a software writer, to develop a process whereby we could use an intake process that was more straightforward than the one that's provided for in Odyssey. We've been using that. It's working out really well. But she provided us with a maintenance contract to kind of delineate what her obligations were, our obligations, and to define how we were going to pay her for updates and maintenance on that system. Since it is a contract, I didn't feel like it was something that I could sign on behalf of the county, so we're asking 12-14-09 111 1 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 it be approved by you all, and have the Judge sign it on behalf of the county. I have gone over the contract with John Trolinger, and I believe that he's comfortable with the details of the agreement. Any questions? MR. TROLINGER: The only thing I saw, since everything else has been rolled into the I.T. budget, I think it would be -- it would make logical sense to roll this into the I.T. budget at some point. MS. BAILEY: That would be fine with me if you wanted to do it that way, either now or upon renewal. It is -- it's an I.T. issue, so I think that's probably appropriate. COMMISSIONER WILLIAMS: Are there funds available in your budget, -- MR. TROLINGER: There are. COMMISSIONER WILLIAMS: -- Ms. Bailey, for this that needs to be transferred? MS. HARGIS: Yes. MS. BAILEY: Yes, I've been told that there are. COMMISSIONER WILLIAMS: Okay. MS. HARGIS: We budgeted for that. MS. BAILEY: So, do you want us to go ahead and transfer that money to I.T. and then let it come out of the I.T. budget? MS. HARGIS: That's up to y'all. I mean, I'll do 12-14-09 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whichever. We can do a budget amendment on it if that's what ~ you want to do. JUDGE TINLEY: Well, if you've got the funds for this purpose in your budget, and that -- the oversight of that entire function is going to go over to I.T., where it probably belongs, we probably need to transfer the funds with it. MS. BAILEY: All right. I'll -- JUDGE TINLEY: That's a subsequent budget amendment I we can do. MS. BAILEY: Yes. JUDGE TINLEY: Right now, you're asking for the contract on the software. MS. BAILEY: Yes. JUDGE TINLEY: Mr. Trolinger, with regard to this particular application, what effect does that have on your overall system? MR. TROLINGER: Well, I'm pleased to see that the County Attorney's office has started to use Odyssey to file their cases from the jail again. They're using it for CJIS, which is Criminal Justice Information System, which really is the backbone of the integration with the courts. So, you know, with that going on, I'm pretty happy to see that. I don't know as much as I would like to about the program, but I think I've broken the ice, and I'm going to, you know, talk 12-14-09 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 JUDGE TINLEY: So, having this particular program on an ongoing basis with what we've got in place is something that's acceptable to you as part of the overall I.T. function of the county? MR. TROLINGER: From what I see, how it's being used today, yes . JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Is this program -- is this program filling a void that Odyssey is unable to do? MS. BAILEY: Yes. COMMISSIONER BALDWIN: John? MR. TROLINGER: Well, the function's available, but it's not everything they want. They want specific -- you know, specific business process. Now, Software -- Tyler Technologies is going to, and has conducted a workshop, and will expand the program to do more, and they admit that there are pieces missing in prosecutor. There are particular counties that have requested to have specific functionality, and that will be added, but we're talking six months or a year at the very earliest before all those things come online. COMMISSIONER BALDWIN: So, what you're admitting to 25 ~ me is Odyssey is not perfect. 12-19-09 114 1 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: For the -- it is not. COMMISSIONER BALDWIN: Hallelujah. For the first time. MR. TROLINGER: Well, the prosecutor portion is very -- it's limited to a very few things, and its prime function is to take the information from the jails, where the jail has booked someone in, where it's coming to dispatch and gone to the law enforcement and the jail, and to take all that information and bring it through the -- through prosecutor, and then report to the state on the prosecution, and then bring it into the courts seamlessly. And that's the piece we would have missed out on if they'd stopped using it completely. COMMISSIONER BALDWIN: The rumor was that both D.A.'s were also going to do something similar to this. Is that still -- MS. BAILEY: They are doing it. MS. HARGIS: Already on it. MR. TROLINGER: Well, the 216th is. MS. HARGIS: The 216th is. MR. TROLINGER: 216th is using it. COMMISSIONER BALDWIN: Okay. But did we make a-- did we make an adjustment in the budget for them? MR. TROLINGER: Not that I know of. I don't know where they're allocating the money for those projects from. 12-14-09 115 1 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. BAILEY: On the money on this one, there -- a couple of things about this. One is that my understanding is that the overall cost of this whole application that we're using is less than the annual fee that's being requested for paying for prosecutor, so we feel like it was -- it was an I economic solution that also works better than the prosecutor program. The other thing that's important to note is that this is not really -- this is not really a program. This is an application using Microsoft Access, which is kind of like Microsoft Word or Microsoft Excel. That's -- its a program that's already in our system, and it's just using that program as an application. JUDGE TINLEY: Not a completely new software program. MS. BAILEY: Exactly. So, we didn't install something; we're just utilizing something in a way that takes the place of the case filing process that we had in prosecutor. JUDGE TINLEY: Okay. MS. BAILEY: That's it. JUDGE TINLEY: I don't think I've got a motion. THE CLERK: No. JUDGE TINLEY: No motion yet? Okay. COMMISSIONER WILLIAMS: I'd mo ve approval of the request. 12-14-09 116 1 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 approval of the agenda item. Question or discussion? COMMISSIONER BALDWIN: So, this -- this software application is installed and it's up and running right now, MS. BAILEY: Yes. We've been using it for several COMMISSIONER BALDWIN: We don't have a whole lot of JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to Item 21; to consider, discuss, and take appropriate action on contract for professional services from Allison, Bass and Associates, LLP, for redistricting services for the 2010 census. I put this on the agenda at after receiving a proposal from Allison, Bass and Associates. I am aware that there are others that offer that same service. I think Bickerstaff has assisted the county in the past, and, in fact, made a presentation to us a number of months ago, when 12-14-09 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was something that came in also, so I throw it out for your consideration, whatever that might be, if any. COMMISSIONER LETZ: I think -- my personal feeling is, I'd like to get probably both Bickerstaff Heath and Jim Allison to come down here and make presentations to make a decision. I'm -- I was very impressed by Bickerstaff Heath's work last time, but the staff that we worked with last time is pretty much gone from that firm. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: So -- you know, but I did -- I found them to be very easy to work with, and they really worked with us individually to get the precincts and the changes and a lot of adjustments made in all of our precincts. But I'd like to have both of them come down, make a presentation and proposal. Allison's appears very reasonable, cost-wise. I just want to make sure we get the same service we may need. COMMISSIONER WILLIAMS: That's kind of where I'm coming from. I'd like to hear from them both. And I think the cost is the issue. I think either firm is capable of doing what we need done. Let's bring them down here, make a pitch and give us their best proposal. JUDGE TINLEY: With regard to the Bickerstaff 12-14-09 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bunch, I don't recall getting a specific number from them. I do recall Commissioner Baldwin making the inquiry, since they had been contracted with on the prior census, would we be in line as a repeat customer to receive a discount? And, in fact, they said yes, you would, because we have a lot of that base data already in place, and we just have to update it. So -- COMMISSIONER LETZ: One of the things that impressed me about Bickerstaff Heath -- not that Jim Allison's group wouldn't do it, and Jim Allison certainly ~ does a lot of work for counties as a whole, but I felt we got a lot of extra bang for our buck. I know on several occasions, we called Chuck Kimbrough with Bickerstaff Heath, and he came down here, I'm pretty sure, on two occasions and went over some issues with us as a court, a lot of it related to subdivision, and never charged us for it. And, you know, so I was very impressed by the service they gave us. COMMISSIONER WILLIAMS: Well, that's true, he did do that. And what you're looking at here apparently is a $13,000 fixed fee for services. So -- COMMISSIONER LETZ: Yeah. Which is pretty reasonable. JUDGE TINLEY: Mm-hmm. COMMISSIONER OEHLER: Sounds real reasonable. COMMISSIONER WILLIAMS: Very reasonable. So -- 12-14-09 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Okay. We'll bring this back by getting a presentation and inviting them both to come down and make a presentation. All right? COMMISSIONER LETZ: All right. JUDGE TINLEY: Okay. Anything else on that agenda item, gentlemen? Let's move on to Item 22; consider, discuss, take appropriate action to approve County employees health benefits insurance contracts, and allow County Judge to sign same. Ms. Hyde? MS. HYDE: Judge. Gentlemen, there's quite a few, so I did not print out copies of the contracts for the entire Court. Judge, there's a packet for you. JUDGE TINLEY: We got a bunch of them. MS. HYDE: And one for Cheryl, 'cause she'll need the copies. To update everyone on our 2010 insurance, there's been a lot of discussion, and during all of the open enrollment sessions, we told our folks we would no longer be using the Texas True Choice network. I think everyone felt very confident that United Health Care and UMR were going to be able to get the local providers to sign the contracts for networks. Unfortunately, the local providers do not want to sign those -- those contracts. The response to that -- typical response is due to the payment. It's not that they don't pay their bills; it's that they do not want to receive less compensation for their services. And they're a business 12-14-09 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just like anybody else. So, we went back to Texas True Choice. We got good rates with Texas True Choice. So, the employees just need to understand what we're doing. We're going to go back to Texas True Choice as the network -- excuse me, network provider. However, comma, there is going to be a few things that we need to discuss further, one being, for example, our workers comp, which typically goes through local. We have gone out and looked for some other deals, and to decrease our costs. And so in the future, I'll be bringing that back to the Court and let y'all look at it and review it and discuss it. COMMISSIONER LETZ: Wait. Okay, you used the words "went through local." What do you mean, local? MS. HYDE: Kerr County. COMMISSIONER WILLIAMS: Providers? MS. HYDE: Yes, sir, local providers. COMMISSIONER LETZ: So, we're going to go outside of Kerr County possibly for local providers? MS. HYDE: For non-emergency workers comp, yes, sir, 37 miles up the road. COMMISSIONER WILLIAMS: Are you limiting that to just workers comp issues? MS. HYDE: At this point, yes, sir. COMMISSIONER WILLIAMS: Not the basic health care? MS. HYDE: No, sir. 12-19-09 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 JUDGE TINLEY: Workers comp is a totally independent issue, anyway. MS. HYDE: An independent issue, but it is inter-related with the health care. JUDGE TINLEY: I understand that. COMMISSIONER LETZ: Which we're going -- excuse me. JUDGE TINLEY: The -- the -- we've had difficulty, according to my understanding, finding local providers for workers comp treatment issues, anyway. MS. HYDE: Yes, sir. JUDGE TINLEY: I mean, that seems to have been a problem that's gone on here locally for years and years. MS. HYDE: Yes, sir. JUDGE TINLEY: Is that not correct? MS. HYDE: Yes, sir. And we were able to sign contracts with folks using TAC locally. However, their cost is about three to four times more than if you go outside Kerr 18 County. 19 20 going? 21 22 23 24 25 COMMISSIONER LETZ: Can you tell me where we're MS. HYDE: Boerne. COMMISSIONER LETZ: Is there a hospital -- MS. HYDE: There's an urgent care there, Boerne Urgent Care. And we just got done doing some comparison on just physicals, and I'll use the D.O.T. physicals, because we 12-14-09 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have Road and Bridge that needs to have D.O.T. physicals and drug screens. Locally, the D.O.T. physicals were going to cost $140 to $175 per person. If we go to Boerne, it's $50. They would not do the drug screens here locally at all. If I go to Boerne, I can get it for 47 bucks. So, I can get my entire D.O.T. physical and drug screen as needed by state law and federal law for less than a hundred bucks, but here I can go get my physical for 140 to 175. So, these are things that -- you guys have told me we need to find ways to cut our cost. COMMISSIONER LETZ: Okay. '~ MS. HYDE: That's what we're trying to do. COMMISSIONER LETZ: Next question is, when you make my wife wait when we're taking our kids to Boerne Urgent Care, can I have her call you when she's mad at the longer wait now? MS. HYDE: Sure. I get it from all the other ones. COMMISSIONER LETZ: They're -- Dr. Fowler and Dr. Dunn, I've gotten to know them over the years over at that facility. They're fantastic, and they do it -- I've tried to encourage them to open one up in Kerrville, but they have reasons for not doing it. They have one in Bulverde, one in Boerne. It's a great facility. I didn't -- JUDGE TINLEY: The Sheriff wants input here. SHERIFF HIERHOLZER: Well, I had one question, and 12-14-09 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably to Eva, on the workers comp. We've talked about it a lot of times, and what happens normally when I have especially jail employees and that that get injured, or they may get spit in the eyes by an inmate that's got, you know, some type of disease, that's normally after midnight, 2 o'clock in the morning. You have to get their eyes flushed out correctly. There has to be a workers comp deal done, and they are taken over to the E.R. here to be seen. Now, if we are going to have to start transporting those, because of the documentation, 'cause of the -- the workers comp issue, all the way to Boerne at 2 o'clock in the morning, that's going to cause me some manpower issues a lot in the jail, and on the street if I'm going to have to start doing that. Are we going to still be able to use the E.R. here as a workers comp first response? I don't mind the follow up and everything else, but the first response to get that taken care of? MS. HYDE: Sheriff, like I said when I first started with this, we're going to bring it back so that they can look at what the information is, and they're going to make a determination on what we're going to do. That's not my decision. That'll be the Court's decision. SHERIFF HIERHOLZER: I'm just asking a question. Are we going to be able to do that still here or not? MS. HYDE: Sure, you'll be able to do it here, if it's a true emergency here. 12-19-09 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: Under workers comp? MS. HYDE: If it's a true emergency, yeah. COMMISSIONER LETZ: They're not open. SHERIFF HIERHOLZER: But if some place isn't open -- I mean, if it's during the day, I might take them over to Franklin Clinic, but being late at night, it's going to have to be the E.R., or early in the morning. You can't let that sit. They have to -- it's not an emergency, but it is in the respect you can't wait eight hours to get it done. MS. HYDE: That's true, and that's why we said if it's not an emergency. And there's going to be some guidelines, and we got to talk about it, but it's -- there's going to be cost factors that we're going to have to loak at this year, and we're going to -- we have to start looking at them in a different light, because we don't have the money. COMMISSIONER LETZ: I think we're -- it's coming back -- I think part of what the Sheriff's saying, and I agree with what he's saying, is that part of the cost is employee down time. MS. HYDE: Absolutely. COMMISSIONER LETZ: So, I mean, it depends on what ~'~ we're doing. And I think we have to look at the whole package, which is what you said you were going to bring back to us. JUDGE TINLEY: Mm-hmm. 12-14-09 125 1 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: Okay. JUDGE TINLEY: And that's totally -- that's independent, but inter-related, of course. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: My question is, are we talking about switching back to Texas True Choice just for workmen's comp? MS. HYDE: No, sir, for our medical insurance. COMMISSIONER WILLIAMS: Okay, the whole bit. MS. HYDE: The whole thing. COMMISSIONER WILLIAMS: Okay, thank you. COMMISSIONER LETZ: Do we need to take action to do that? On that part of it? MS. HYDE: I think -- the Judge and I have talked about it, and he would, I think, feel it's appropriate to allow him to sign the -- y'all allow him to sign the contracts. 'Cause there's several. COMMISSIONER LETZ: I think we probably need to take court action on this, because this is different than what we approved. ~ COMMISSIONER BALDWIN: Yeah, we need court action, but my question is, how many contracts? How many? MS. HYDE: There's 14. COMMISSIONER BALDWIN: What are they -- 14? MS. HYDE: Yes, sir. 12-14-09 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: And what are they specifically for? MS. HYDE: One is ING as a third-party administrator agreement. I'm going to try to do it slow, so that way we got them. COMMISSIONER BALDWIN: Let me ask you a question before you get into that. What -- what about -- what did we approve before? What are we replacing here? MS. HYDE: What you're replacing is the network. COMMISSIONER BALDWIN: And what did I vote for before? Well, the recommendation of Gary Looney, which includes the -- MS. HYDE: Which is UMR. It's UMR. We're not changing who our T.P.A. is. UMR is still our provider. COMMISSIONER BALDWIN: Okay. MS. HYDE: But what we told employees during open enrollment was we were not going to have Texas True Choice. COMMISSIONER BALDWIN: And so this is an addition? We're not replacing somebody with Texas True Choice? MS. HYDE: This is a change. COMMISSIONER WILLIAMS: We are replacing. JUDGE TINLEY: Actually, we're adding on top of the network -- the provider network that was bid. We're actually adding -- we've got the UMR network, 'cause they already had that in place. 12-14-09 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HYDE: Right. JUDGE TINLEY: Because of -- because of the calculation of the density of the providers in Kerr County being below that which we require, -- COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: -- the T.P.A. has agreed to add on top -- and I'm told for Kerr and Gillespie only. MS. HYDE: It will be throughout. Texas True Choice, it will be throughout. JUDGE TINLEY: We're totally substituting Texas I True Choice for UMR? MS. HYDE: We're totally -- we're totally taking the UMR network, pushing it to the side, and taking Texas True Choice network. JUDGE TINLEY: We don't have the UMR network, for example, for San Antonio? MS. HYDE: No, sir, we'll be using Texas True Choice all the way through. COMMISSIONER BALDWIN: So, that's really my question. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Do we need to take any kind of action to undo the UMR that we have done before? That's my question. JUDGE TINLEY: I think the action that you need to 12-14-09 128 1 2 3 4 5 6 7 8 9 10 take is to approve the agreements on the basis that the provider network by the third-party administrator is the Texas True Choice network, in lieu of previously believed network of UMR. COMMISSIONER BALDWIN: Are you happy with all that? MS. BAILEY: Was this something that we originally ~ put out for bids? COMMISSIONER LETZ: Hmm? MS. BAILEY: How many bids did we get? MS. HYDE: Nine. 11 12 I'~ 13 it. 14 15 16 17 18 19 20 21 22 23 24 25 MS. HYDE: The network -- keep in mind that what you approved and what you got was a T.P.A. -- was a third-party administrator for the medical insurance. MS. BAILEY: And it wasn't the third-party administrator that was being bid? MS. HYDE: Right. It's the third-party administrator to -- and the actual insurance itself, not networks. MS. BAILEY: So, we're not changing anything that's been bid on? MS. HYDE: No, ma'am, it wouldn't have mattered. Whoever got it would have a choice to do whatever network 12-14-09 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. BAILEY: All right. COMMISSIONER BALDWIN: Are you happy with that? MS. BAILEY: I think that's probably acceptable. COMMISSIONER BALDWIN: Okay. MS. BAILEY: Because whoever we picked, according to Eva, they would have gone through the process of -- JUDGE TINLEY: Mm-hmm. MS. BAILEY: -- figuring out who -- who they were ~ ' going to have do that part of the job. COMMISSIONER BALDWIN: And how does True Choice -- is that it? MS. HYDE: Texas True Choice. COMMISSIONER BALDWIN: How does that enhance what we're doing? MS. HYDE: The network -- the network that we were going to go under was going to reduce the number of inedical providers and facilities in the area by about 50 percent. So, let's -- I'l1 just use me; that way I'm not violating anybody's HIPAA. My local P.P.O., my doctor, is not within the network, so if I went to the doctor, it's going to cost me, as an employee, 70 percent after I pay my deductible, versus 90 percent as in-network. And that's why I prefaced this with we could not get the local providers to sign the 25 I contracts. 12-14-09 130 1 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: So, now that we will switch back to Texas True Choice, step yourself through the same analogy. MS. HYDE: Now, if we go back to Texas True Choice, we'll be exactly where we were the last three years, because it is no change. We were under Texas True Choice for the last three years. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Same provider network. COMMISSIONER OEHLER: Already part of the -- part of the network. COMMISSIONER WILLIAMS: That's where we're going, back to what we had. JUDGE TINLEY: Insofar as the network. MS. HYDE: Right. We couldn't with the insurance; they've gone out of business. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: So, we're going to approve 12 contracts today? MS. HYDE: Thirteen. JUDGE TINLEY: Thirteen. They are various components of this entire health benefits -- COMMISSIONER BALDWIN: All related to Texas True I Choice? MS. HYDE: All related to our health insurance 12-14-09 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coverage. No, sir, this is all health insurance coverage. COMMISSIONER WILLIAMS: The whole megillah. COMMISSIONER BALDWIN: And the County Attorney I! approves of all 13? MS. HYDE: These are the ones you went over. MS. BAILEY: Yeah, I've gone over them and made my suggestions to Eva. I had a couple of changes, and I suppose those changes have been made? MS. HYDE: They've been made. COMMISSIONER BALDWIN: Okay, I'm ready. What do you want to do? What kind of motion do you want? COMMISSIONER WILLIAMS: So, we need a motion that -- help me out here, Eva. COMMISSIONER OEHLER: If you need help, we all do. COMMISSIONER WILLIAMS: Substitute Texas True Choice as the network for the UMR? Is that what we need? MS. HYDE: For the UMR network, yes, sir, and allow the County Judge to sign the county health insurance benefit contracts. COMMISSIONER WILLIAMS: I would move that. COMMISSIONER OEHLER: Second. JUDGE TINLEY: We have a motion and second to substitute the provider network of Texas True Choice in lieu of the previous UMR, and authorize the Judge to sign all contracts in connection with our health benefits insurance 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 132 program. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion carries. MS. HYDE: Thank you. JUDGE TINLEY: We have an addendum item; we'll go to Item 24. Consider, discuss, take appropriate action to reappoint members Johnnie Hawkins and Bud Fawcett to Emergency Services District Number 1 Board. COMMISSIONER OEHLER: I know that's quite a pair to draw to, but anyway, that's the best we could come up with, ~, and Cheryl said it's okay. So, I move that we reappoint those two to ESD Number l. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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.) 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 133 JUDGE TINLEY: Motion does carry. Let's go to JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Do we do the budget amendments last? Is that what -- isn't that what you normally do? JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: Okay. All right, on the bills, the very first one -- and most of my questions -- I've got a lot of them here. And most of my questions is, I just don't understand what's written down here. As usual. So, we have Nondepartmental, Texas Parks and Wildlife Department, due from J.P.'s, case disposed, $85. What does that mean? MS. HARGIS: That they took in a fine, and they belong to the Texas Parks and Wildlife, and they're now paying the Texas Parks and Wildlife their share of that fine. COMMISSIONER BALDWIN: I see. Okay, very good. All right. Court-appointed civil attorney. Let's see, T can't -- can't tell exactly what department that is, though. MS. HARGIS: That's 407. I believe it's -- COMMISSIONER BALDWIN: 407, yes, ma'am. JUDGE TINLEY: We created a separate budget -- MS. HARGIS: Separate budget. 25 ~ JUDGE TINLEY: -- for C.P.S. type cases. 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 134 COMMISSIONER BALDWIN: This is C.P.S.? JUDGE TINLEY: Yeah, those are C.P.S. type cases. COMMISSIONER BALDWIN: It's really -- my question is really simple. I just noticed there's two of them here that are way bigger than everybody else's. Frederick Henneke was $3,900, and a Robert Earl Henneke is $2,000. The rest of them are 200 and 250 and that kind of thing. What's the story with that? MS. HARGIS: Well, some of them bill monthly and some of them don't. But, I mean, we can look up the invoices for those. This is that C.P.S. case that -- we had three of them, I believe, and they're very large. And we even had some of them, State of Texas come down and review these, so -- was in my office last week reviewing these C.P.S. cases and the fees. COMMISSIONER BALDWIN: And so you think these two Henneke boys save up their bills before they turn them in, huh? JUDGE TINLEY: No, sir, those are the ones that -- COMMISSIONER BALDWIN: Their bills are really this high? MS. HARGIS: Some of the cases went longer. JUDGE TINLEY: 539 and 541, those were the -- were , the cases that were roaring and raging upstairs for two, three weeks at a time. And -- 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 135 MS. HARGIS: Sometimes they represented three children; sometimes they represented only one, and so the larger ones, we found, is where they're having to represent more children at a time. These cases are a little bit flush. There's, like, maybe two parents and seven children, and that -- it gets really complicated in this deal. Remember -- you may remember when Rex stood up during the summer and told us that these cases were really going to be expensive, and they've reached about the $100,000 level. COMMISSIONER BALDWIN: And so these two guys are the only two working that were in there that particular -- JUDGE TINLEY: No, there are a lot of other lawyers. COMMISSIONER BALDWIN: Do we have a lot more to come? MS. HARGIS: There's still one of the cases -- I think one that hasn't been totally resolved. We still have one left out there. JUDGE TINLEY: If you'll recall, Commissioner, I believe it was last meeting, on those two cases, we approved, as I recall, over $40,000 total to various lawyers. COMMISSIONER BALDWIN: I do remember that. , JUDGE TINLEY: This is just -- MS. HARGIS: Just a continuation of that. JUDGE TINLEY: -- part of it. 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 136 COMMISSIONER BALDWIN: You know how those lawyers are. All right. And then the County Court down at the bottom, Travis County Clerk, Court-Appointed Attorney, 365. JUDGE TINLEY: That was a mental health case where they apparently were on diversion here on emergency detention. A patient went to Travis County, and that, I think, is the total court costs for the mental health hearing that was held in Travis County. We got to figure out where we're going to allocate those court costs, because a lot of those are getting stuck on my County Court budget, as you see right there. I don't think that's where they belong, and I made that known to the -- I COMMISSIONER BALDWIN: And this Court-appointed attorney, is he a local attorney? JUDGE TINLEY: No, no. COMMISSIONER BALDWIN: Up in Travis County? JUDGE TINLEY: But, actually, that's the entire court cost on the mental health case that was -- took place in Travis County after the patient was sent over there from COMMISSIONER BALDWIN: Okay. Does that happen very 24 often? 25 12-14-09 JUDGE TINLEY: Yeah, unfortunately, it does. here. .~... 1.37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's why my -- my Court-Appointed Attorney line item in my County Court budget's in the ditch, and it's going to be in the ditch. COMMISSIONER BALDWIN: Okay. Page 3. COMMISSIONER LETZ: You had an opening there, talking about how poor a budgeter the county budget officer is. I mean -- JUDGE TINLEY: Those shouldn't be charged -- COMMISSIONER LETZ: It's okay, Judge. JUDGE TINLEY: -- against that budget. COMMISSIONER LETZ: He was just slipping up down there; I thought I'd just step into it. COMMISSIONER BALDWIN: We're going to get to it here in just a minute. Page 3, the top one there. Judge Sherrill, special district judge, jail docket. Now, I'm assuming that's the Friday morning deal that we do. JUDGE TINLEY: Yep. COMMISSIONER BALDWIN: Okay. I thought that -- see, this is under 216th District Court. I thought that we moved everything under one budget. Because, like, on Page l, under Nondepartmental, you have Mr. Cavazos. That is the prosecutor out there for the jail docket. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: We have him in Nondepartmental. And then we have Judge Sherrill, which is 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 138 in the same court, under -- still under 216th, and I thought we moved everything to Nondepartmental. MS. HARGIS: I think we moved the budgets -- you're right. I'll have to check that. I'll have to check. COMMISSIONER BALDWIN: I'm thinking that we said that we're moving everything over there so we could kind of keep an eye on all the costs. JUDGE TINLEY: I'm thinking we created a separate budget. We got -- we got the court reporter, we got the prosecutor, and maybe we need to get the allocation for the judges. I'm not -- MS. HARGIS: I know the judges are there. JUDGE TINLEY: The judges have a Special District Judge line item in their budget. They may not want all of that over there; they may just want some portion of it, so we may have to figure out a method to parcel that out. 'Cause each of them -- the 198th, 216th each have -- each have a Special District Judge line item in their budget. MS. HARGIS: Buster, you -- Commissioner Baldwin is correct. We need to check that and make sure. He asked for all of that to go in that line item. He is correct, and I believe I set it up that way, but it may -- again, these are people coming in that are posting these from -- and they're posting the old ones. So, let me look at that and I'll get that corrected. 12-14-09 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Looking at Judge Sherrill here, if it didn't have the words "jail docket" on there, I would have assumed that he was just sitting in for -- you know, as a retired judge. MS. HARGIS: That's right. And -- COMMISSIONER BALDWIN: But it says jail docket. To me, it needs to be over there in that same line. I-- I've been at this a long time, and I still cannot get my mind around this court reporter issue. (Laughter.) We have in this -- in 216th -- 216th District Court, there is an Eddie Morris Court Reporter, and then we have two down, Hill Country Court Reporters. Why all of that? I don't get it. MS. HARGIS: We have to -- COMMISSIONER BALDWIN: We have a court reporter that we pay that sits in that courtroom. I don't -- I don't understand it. MS. HARGIS: We have to supply the documents in these cases for appeals. And -- and they're indigent, and -- COMMISSIONER BALDWIN: That's the answer I get every time. MS. HARGIS: That's the only answer I know to give you. That's what it is. It's only if they're indigent, defense attorneys that we have to send it for. COMMISSIONER BALDWIN: And then we go down to 198th, and we have Lisa Greenwalt, special court reporter. 12-14-09 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then we have Greenwalt Court Reporting, court transcripts, and then we have Hill Country Court Reporters. See, there's three different ones. The way I'm reading it is three different ones in the 198th District Court. COMMISSIONER LETZ: Since we -- I bet you know a COMMISSIONER BALDWIN: We have one here that we know really well. SHERIFF HIERHOLZER: One thing I can say, with more I and more court going on all the time, you know, such as last week over the jail docket and that, you're running more courts at one time. They're having to call in other court reporters. It's not just the appeals. It's -- they use other court reporters for a lot of the courts. COMMISSIONER BALDWIN: See, that almost makes sense. JUDGE TINLEY: Well, that's where most of the outside ones -- the Hill Country Court Reporting and Eddie Morris, these are contract guys they bring in where you -- I MS. HARGIS: Also, if you will look at, under Lisa II Greenwalt, she bought supplies, and then we get reimbursed I back for those supplies -- she gets reimbursed for the supplies that she bought. COMMISSIONER BALDWIN: Is that what the word 12-14-09 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "binders" is? Okay. See, I didn't know if that was somebody. And then in between the Greenwalt folks is "Bilingual Communication Cons." See, I'm not sure what that I is. JUDGE TINLEY: Consultants. COMMISSIONER BALDWIN: Consultants. Now, who -- who do we pay? I see the issue is bilingual -- MS. HARGIS: It's the name of the company. COMMISSIONER BALDWIN: That's the name of the company right there? MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: Bilingual Communications is the name of the company, all right. $250. MS. HARGIS: That's for translations. COMMISSIONER BALDWIN: Page 4, County Attorney. Let's see. The second -- third one down, Books, Publications, and Dues for the National District Attorneys Association. Now, why does the County Attorney need to be a member of the District Attorneys -- National District Attorneys Association? MS. BAILEY: Well, we have been -- we always have been. I know that we utilize a lot of their publications and some of the their training. A few years ago, when I was special prosecutor, being a member of that, I went to a training in South Carolina that was completely free, 12-19-09 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transportation, lodging and everything, and I think that may be a lot of the justification. They have a lot of good trainings and publications that we utilize. COMMISSIONER BALDWIN: Well, whatever. The next one, Human Resources. MS. HYDE: Oh. COMMISSIONER BALDWIN: The second one there is payment to Eva Hyde for office supplies, flowers for ill employees. MS. HYDE: Mm-hmm. COMMISSIONER WILLIAMS: What page? COMMISSIONER BALDWIN: Page 4. COMMISSIONER LETZ: Page 4. MS. HARGIS: We get reimbursed -- people donate money to the Treasurer's office for reimbursement of the flowers, and the -- and the Human Resources Department generally purchases those, 'cause they know when someone's ill. But we take up a fund amongst all of us. COMMISSIONER BALDWIN: Yeah, I donate to that, and -- occasionally. I haven't in a long time. So, that fund is still there? MS. HARGIS: And when Mindy runs short, she sends out an e-mail and asks for us to give more money. COMMISSIONER BALDWIN: And so Ms. Hyde goes out and purchases the flowers, and then we take that fund and 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 reimburse her? Okay. Sounds like a silly way of doing it to me, but that's fine. Okay. The next one down, office supplies, reimbursement for Road and Bridge breakfast/enroll, for $39. MS. HARGIS: That was for training. For training. It was for a training of the entire group, on I think the C.D.L. and all of the things. That's the reason why Leonard is wearing the U.T. hat this morning. One of the reasons. COMMISSIONER BALDWIN: So, we buy -- the taxpayers of Kerr County buy food for training sessions? MS. HARGIS: For this particular training session, ~ we did, yes . COMMISSIONER WILLIAMS: Is it budgeted? COMMISSIONER BALDWIN: I've never heard of it. COMMISSIONER WILLIAMS: Nether have I. COMMISSIONER BALDWIN: Never heard of buying COMMISSIONER WILLIAMS: Food for training session. Was this a budgeted item? MS. HARGIS: Because it was very early in the morning, and she felt that she needed to, I didn't have a problem with it. It's a very low amount of money. You're talking about 30, 40 people getting trained at one time. She's doing the training free, so all we're paying for is the I breakfast. 12-14-09 144 1 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: By "breakfast," I presume you ~ mean doughnuts? JUDGE TINLEY: Doughnuts, yeah. Sweet rolls. COMMISSIONER LETZ: I don't think you can feed -- COMMISSIONER BALDWIN: Okay. What are the next MS. HARGIS: Those are for office supplies. We're getting a lot of the officials having to purchase office supplies on their credit cards right now, because we don't have a credit card with Office Max any more. They've discontinued their program. They don't have a credit -- we can't go charge over there any more, so it's kind of -- we used to have a card in my office; everybody would come by and get this card and go and get their supplies, and we'd pay Office Max, and they've discontinued that card. COMMISSIONER LETZ: Do we still get the county rate, or the rate that we were getting at Office Max? Weren't we getting some kind of special pricing? MS. PIEPER: We do at Office Depot. COMMISSIONER LETZ: Which one's over here? MS. HARGIS: Office Max. MS. HYDE: We don't have that one. COMMISSIONER LETZ: Then we shouldn't use them. I mean, obviously, for an emergency, but it's hard for me to figure out why you need an emergency -- 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 145 MS. PIEPER: I think that's the only time anybody ever needs it. MS. HARGIS: Most everybody orders online, even Office Max. COMMISSIONER LETZ: It's hard for me to envision how we can have an office supply emergency. COMMISSIONER BALDWIN: I never -- I never see -- MS. HARGIS: Sometimes your cartridges run out on ~ your printers. COMMISSIONER BALDWIN: I never see us reimbursing Jody for office supplies. I never see that. How? How does it happen here? I mean, do you ever do that? MS. GRINSTEAD: No. I order everything off Office Depot online. COMMISSIONER BALDWIN: Okay. I'm missing something here. I know I am. COMMISSIONER WILLIAMS: You order, and the bill goes directly to the Auditor. There's no reimbursement? MS. GRINSTEAD: There's no reimbursement to me, no. It goes through the purchase order system. COMMISSIONER BALDWIN: So, does -- are there other people that go and purchase out of their pocket, and then the County reimburses them for office supplies? MS. HARGIS: There have been -- MS. JOHNSON: There has been some. 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 146 MS. HARGIS: There have been. COMMISSIONER BALDWIN: Why do we not have credit over -- MS. HARGIS: Office Max no longer has a credit -- their provider canceled them, so I think it's due to their credit problems, not us. COMMISSIONER BALDWIN: I see, yes. COMMISSIONER WILLIAMS: And they provide us a special discount? MS. HARGIS: Yeah. Well, we have a-- you know, our tax ID number. COMMISSIONER LETZ: That's on file. I mean, obviously, there's some things that you use it for, but we need to do what we can to move as much online as possible, through our discounted vendor. MS. HARGIS: Keep in mind, there's a lot of paperwork that goes through the Human Resource department, as well as mine. We try and think in advance, but every once in a while, one of our printers -- you're not going -- we try to buy cartridges in advance, but that's not always the case. MS. HYDE: Sometimes we're also asked to do things like frame things, frame certificates, and it's like, "Oh, okay." So, you kind of have to go and purchase them. COMMISSIONER LETZ: Right, okay. COMMISSIONER BALDWIN: I see one of those in 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147 Commissioners Court here. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Judge, that's all I have on that. Until we get to the budget amendments. COMMISSIONER WILLIAMS: On Page 4, -- MS. HARGIS: Mm-hmm? COMMISSIONER WILLIAMS: -- the Commissioner didn't go down far enough. I want to talk about the County Treasurer. COMMISSIONER BALDWIN: I run out of energy. COMMISSIONER WILLIAMS: Security State Bank, office supplies. Explain what that's all about. MS. WILLIAMS: These are deposit slips that we use for the Kerr County revolving and clearing account. We have three J.P.'s who turn their money in to us daily, and it goes into this account. So, I ordered 1,000 deposit slips to try to carry us through the year. COMMISSIONER WILLIAMS: Okay, these are deposit MS. WILLIAMS: Deposit slips, yes, sir. COMMISSIONER WILLIAMS: All right. Thank you. JUDGE TINLEY: Anything else? Do we have a motion? THE CLERK: No, sir. COMMISSIONER LETZ: I move we pay the bills. COMMISSIONER WILLIAMS: Second. slips. 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 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. Budget amendments. We've been provided with a budget amendment request summary, request Numbers 1 through 7. COMMISSIONER BALDWIN: Judge, I have a question or two. JUDGE TINLEY: All right, sir. COMMISSIONER BALDWIN: The first one, just help me -- again, help me understand, is what all this is, I'm sure. It's coming from County Attorney's elected official salary to attorney fees. MS. HARGIS: That's correct. COMMISSIONER BALDWIN: What attorney fees? I JUDGE TINLEY: I can answer that, Commissioner. The County Attorney's office has a contract attorney's fee line item -- COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: -- that they utilize when they 12-14-09 1~9 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 coverage issues, they have to have somebody to handle mental health cases, juvenile cases. So, because of them being short-staffed down there now, they're doing some of these attorney functions with contracted lawyers. COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: And they're moving money from the elected official's line item, which is no longer being utilized, over to that line item so that they can pay those lawyers. COMMISSIONER BALDWIN: Mm-hmm. MS. HARGIS: Because they're short-staffed on attorneys right now. COMMISSIONER BALDWIN: So, there's $1,000 there. Are we going to continue this practice? Are we going to fill i that slot? Or -- MS. BAILEY: There's no slot to fill. MS. HARGIS: There's no slot to fill. It's an elected official position, and it's empty. COMMISSIONER BALDWIN: So, we're going to continue that practice? Or are we going to -- you tell me. JUDGE TINLEY: Well, until -- till they get the adequate number of lawyers down there, we're probably going to continue -- they're probably going to continue to use contracted lawyers to perform these functions. COMMISSIONER BALDWIN: And that won't happen until 12-14-09 150 1 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 election? MS. BAILEY: Well, it won't happen until you make an appointment. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: And so what I think I'm seeing is that there's $96,500 in -- in -- MS. HARGIS: Rex's line. COMMISSIONER BALDWIN: -- Rex's line. MS. HARGIS: That's correct. COMMISSIONER BALDWIN: And so we have -- we can do this 96 times. JUDGE TINLEY: Well, dependent upon, you know, what level of service they're contracting for, they -- they will now have a balance of $3,500 to work from. They were anticipating that 1,000 wasn't going to be enough, so they requested to move some more to that account. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: This should carry them for some period of time. COMMISSIONER BALDWIN: Okay. And then Number 2, maintenance. So, we're taking $3,500 out of the operating equipment and putting some in insurance and some in capital outlay. COMMISSIONER LETZ: Taking $425 out of Operating Equipment, putting some into insurance and -- 12-14-09 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I see. There's 35 just sitting there, though. I see it. MS. HARGIS: They just didn't have enough for their insurance or capital outlay money. COMMISSIONER BALDWIN: Okay. Which brings my -- and I understand that, and I appreciate your explanation. The capital outlay issue, is that something that we've already made the purchase, and now we're backing up to pay for it? MS. HARGIS: In this particular case, it was an item we had to put in because of something that broke. It was -- it was an emergency item. That's the only thing that we would approve. COMMISSIONER BALDWIN: It's a capital outlay item? MS. HARGIS: Yes. He has a little bit of capital outlay in -- general capital outlay in his emergency line , items. We left a little bit in some people's line items, not a lot, and we did in his. COMMISSIONER BALDWIN: Okay. MS. HARGIS: We took some of the small items -- as you recall, I didn't want to make an issue with these little bitty line items, so we took the small items and put them back in the regular budget. COMMISSIONER BALDWIN: Okay. And the same thing with Sheriff's department. So, we took some out of vehicle 12-14-09 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 insurance and we -- basically, we didn' t budget correctly. So, we already - - we're two and a half months i n this budget, and we're short on bonds and insurance and the estray line. MS. HARGIS: We didn't budget in the estray line 'cause we hadn't had anything in there in five years, so appear? I SHERIFF HIERHOLZER: We normally -- in the estray, we normally put 500 a year, and then what happens is we use it right off the bat, but then when that estray animal goes to market -- 'cause if they get auctioned off, it kind of replenishes it. So, we go through a lot more than 500 a year, but it kind of helps just keep its own balance going on. Maybe they had a little bit more. JUDGE TINLEY: So, if you're missing a cow, he may have sold it and got the money for it. COMMISSIONER BALDWIN: Do you have my cow? SHERIFF HIERHOLZER: I wouldn't want your cow, I Buster. COMMISSIONER BALDWIN: Tell me about the Law MS. HARGIS: This is group insurance. As you recall, Linda gets paid a small portion of her salary out of the library to run it. 12-19-09 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Mm-hmm. MS. HARGIS: And the group insurance line item is being hit for that amount of money, and we -- we just needed to set that line item up. We didn't have it in the prior years; it's only been set up as a salary line item. And they set her check up to where the money's coming out of that line item. We had to fix it. COMMISSIONER LETZ: Why would you take out that much money, though? MS. HARGIS: 'Cause that's all it's going to be for I the year. COMMISSIONER LETZ: Oh, okay. MS. HARGIS: In other words, we fixed it for the COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Okay. Number 5, explain that one to me, please. ' MS. HARGIS: As you recall, at the last meeting I got up and kind of made a report that we got a grant, as you'll recall, for placing those connections, and we fixed 14. We were really only supposed to fix 12, but we managed to get 14 done. We had one left; it was a health hazard, and so, you know, I agreed that it should be done. And I told y'all I would bring a budget amendment back, that we would actually pay for one out of the -- so, we actually got three 12-14-09 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional. So, we've cleaned up all of those taps that were bad in that particular area, and we got a good -- they normally cost about 1,500 a pop, and we got them for 1,000. We only thought we originally were going to get 12 done, but we actually got 14, and we had one left, and it was really COMMISSIONER WILLIAMS: Shouldn't the -- shouldn't the -- aren't those two lines reversed? Should it not be coming from County-sponsored to Environmental Health? Aren't they reversed? MS. HARGIS: Yes, they are. COMMISSIONER WILLIAMS: Thank you. COMMISSIONER BALDWIN: "Couinty"? MS. HARGIS: Yeah, I noticed that too. Sorry, I can't spell. COMMISSIONER BALDWIN: I accept your apology. See how big we are today? Now, what about the County Auditor? What is that about? MS. HARGIS: That's what you just approved -- actually, no. That is overtime for the employee that attended the investment session, because it was actually from Sunday through Saturday, and she -- they actually went to class starting in -- on Sunday at 3 o'clock in the afternoon. And I was actually there at the same time with them. And then they were tested on Saturday. So, they -- and they were 12-14-09 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 picked up at their hotel at 7 o'clock in the morning. They actually worked almost 12 hours a day. She only charged us for the Sunday and Saturday portion, and that she had overtime. And I didn't have any overtime budgeted. COMMISSIONER OEHLER: I don't ever remember paying county employees to attend conferences. SHERIFF HIERHOLZER: If it's related to their -- if it's related to their job duties, a lot of times, under FMLA now, you don't have a choice. COMMISSIONER WILLIAMS: No, you do. Job-related. COMMISSIONER OEHLER: Well, yeah. I mean, they don't have to be present, but they get paid whether they're I here or not. MS. HARGIS: Well -- well, but they don't on overtime to go to conferences? JUDGE TINLEY: This is because they were required to be there. COMMISSIONER LETZ: On a Sunday. JUDGE TINLEY: On a Saturday or Sunday, beyond their -- what they're paid for, 40 hours. COMMISSIONER OEHLER: Only conference to attend in the whole year, huh? MS. HARGIS: Well, it wasn't really a conference; 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 156 it was a training. JUDGE TINLEY: Training session. COMMISSIONER OEHLER: I cannot believe this one. COMMISSIONER BALDWIN: Okay. I ~I COMMISSIONER OEHLER: Okay. COMMISSIONER BALDWIN: Would you explain Number 7 to me, please? So, some money -- I can't come up with the right amount right now, 'cause I don't understand this, but some money is coming from Information Technology, and it's going to Nondepartmental? COMMISSIONER LETZ: $5,000. MS. HARGIS: When we budgeted for the telephone in the I.T. Department, we budgeted for the telephone and the cable in the past. And we zeroed out our nondepartmental line item, because we weren't going to pay the cable out of there. But we had to -- to re-set up that line item, because it's -- John didn't feel like he -- MR. TROLINGER: I canceled that one. I called you MS. HARGIS: Yeah. We decided to cancel, that's 21 right. 22 23 to strik 24 25 MR. TROLINGER: I'd called you about it; you agreed COMMISSIONER LETZ: That one's deleted? COMMISSIONER BALDWIN: Wait a minute. What? about it. 12-14-09 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. HARGIS: It basically -- it basically has to do ~ with the cable. We pay for their internet, and we pay for telephone. And John had only -- we had only budgeted for a phone in his line item, not the cable, so we were trying to fix it. But we decided we have enough money in that line item to make it work, so we both agreed to remove it, and I forgot. COMMISSIONER BALDWIN: Do I draw a line through MS. HARGIS: Yes, please. You had already -- COMMISSIONER BALDWIN: The last one, we won it. Thank you very much for your energy, ma'am. MS. HARGIS: You had already received your packets when we decided to delete it. COMMISSIONER LETZ: I move approval of the budget amendments. JUDGE TINLEY: 1 through 6? COMMISSIONER LETZ: Yes, 1 through 6. JUDGE TINLEY: Al1 right. We have a motion. COMMISSIONER BALDWIN: I think you did -- COMMISSIONER LETZ: He's looking for a second. COMMISSIONER BALDWIN: Oh, I'll second. JUDGE TINLEY: We have a motion and a second. Question or discussion on the motion? All in favor of the 25 ~ motion, signify by raising your right hand. 12-14-09 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Do we have any late bills? MS. HARGIS: No, sir. JUDGE TINLEY: I've been presented with monthly reports from Constable, Precinct 3; Justice of the Peace, Precinct 3; County Clerk; Constable, Precinct 1; District Clerk; Justice of the Peace, Precinct 4; Justice of the ' Peace, Precinct 1; Constable, Precinct 3; and Environmental Health; Constable, Precinct 4; Justice of the Peace, Precinct 2; Kerr County payroll for November '09; and Kerr County Treasurer for November '09. Do I hear a report that these -- do I hear a motion that these reports be approved as ~ presented? COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that the listed reports be approved as presented. 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. 12-19-09 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No response.) JUDGE TINLEY: The motion does carry. Reports from Commissioners. Commissioner Letz? COMMISSIONER LETZ: I think the only report that I have is that I will not be here on the 28th, or the next meeting. I believe it's -- I think it's the second meeting I've missed in -- whatever it is, 13, 12 years, something like that. Anyway, I'll be out of town. That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Nothing here. JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: I'm probably going with Jon. COMMISSIONER LETZ: On the 28th? JUDGE TINLEY: The Auditor will probably provide ' you with adequate funding to do that. COMMISSIONER BALDWIN: Absolutely. At least to get some damn overtime. COMMISSIONER OEHLER: Yeah, you can apply for overtime now. COMMISSIONER BALDWIN: Yeah. We're going to New Mexico for a week. COMMISSIONER OEHLER: Make sure it's Saturday and ' Sunday. COMMISSIONER WILLIAMS: Going to Del Rio? COMMISSIONER BALDWIN: Yeah. 12-14-09 160 1 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: Can I go? ' JUDGE TINLEY: Anything else other than your upcoming trip? COMMISSIONER BALDWIN: I expect not. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Couple items, Judge. Kerrville South wastewater, I continue to fight this battle of easements, and they've got another proposal advanced to the City for it to take a look at it to see if we can figure out a way to hook up those eight properties in Phase I that ' front Ranchero Road. I had a call back from the City Manager, but he was traveling and I couldn't understand what he was saying, so I'll give him a call later this afternoon; we'll see where that goes. On the AACOG front, the board approved the budget for 2010. You'll be interested to know that the board -- the budget for AACOG, the final project budget for '09 is 34,975. $35 million. The '10 budget is going to be $47 million 836. COMMISSIONER LETZ: Wow. COMMISSIONER WILLIAMS: Which represents almost a 37 percent increase. Now, where do those dollars come from? Well, they came from the various and sundry stimulus moneys that have been trickling down to and through state of Texas, and a good portion -- proportion of that, that's coming into the AACOG region. So, we'll continue to do what we do there. 12-14-09 161 1 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 assignments for board standing committees were approved for next year, and while I no longer will chair the rural judges, because that changes from year to year, and Judge Wiggins of Guadalupe County will replace me as the chair of that, I will serve, in addition to the board, on the legislative committee and on the executive committee or the management audit committee, and on the strategic planning committee. That's it. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: One other quickie. 5.8 is the October unemployment rate for Kerr County. COMMISSIONER BALDWIN: What was it? COMMISSIONER WILLIAMS: 5.8. COMMISSIONER LETZ: That number isn't the rate we were told. COMMISSIONER BALDWIN: Yeah, that lady said it was a little bit higher than that. COMMISSIONER WILLIAMS: Maybe it is, maybe it isn't. That came from Workforce. JUDGE TINLEY: Do we have any reports from elected officials? Why do I ask? SHERIFF HIERHOLZER: You ought to know. I told you I would do this. First off, just something I think you ought to know. And I did give y'all a letter; I sent it out with the jail stuff, but I don't mind the media hearing this. I 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 162 Office last week. To give you an example, Thursday we had a ~ capital murder trial going that we took over security of due ' to certain things that were going on, which caused us to have more people on metal detectors, more people in the courtrooms ~ ', with electronic equipment. At the same time, we had 198th pretrial involving inmates in the other big courtroom. We had 198th grand jury behind that courtroom. We had the felony sexual assault trial that got moved downstairs into County Court at Law courtroom; we -- we had to have security in it. And we had Attorney General's court starting off the day in this courtroom, with inmates that had to be in Attorney General court, and finishing up in this courtroom with, of course, the Judge's juvenile court, all of that drastically drawing on manpower, because it was all at one I t ime . And at 8:30 that morning, for the first time in my 10-year career as Sheriff, the State Jail Commission walked in the front door of the jail and said, "We're having a surprise inspection." So, we got out about 7 o'clock that evening. I want you to know that the jail passed quicker and better, even at 7 o'clock that evening, than we probably ever had in the jail inspection, and I was extremely proud of ~' those. That's not counting 10 inmates having come in and being booked and released the night before. The jail staff 12-14-09 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had to -- had to deal with all those issues. The constantly dressing out, swapping inmates to all the different courts, and then having the Jail Administrator and myself and the jail inspector running around the jail setting off alarms, trying to get them to mess up and fail on some of their stuff, and they did not. They did an outstanding job, and I was really proud of our jail for what they did. Now, back to the normal issue of inmates. We''re at 142 this morning. We finally got to ship a whole bunch out to T.D.C., so that has dropped our population, really. I do have some concerns. 216th, who does more of the fast track, you know, the quick docket -- jail docket, still has 41 in jail that are pending getting resolved. 198th has taken care of theirs all the way down to 23. They aren't doing much of that type. County Court at Law has 37. Sentenced or with parole violations, we currently have 35. And Gillespie County is housing 18. So, all in all, it's a better jail situation than we were last month. And I know 198th had a lot of other stuff going, because, I mean, with 216th, they didn't have quite the -- the off-line docket because of getting prepared, of course, for that capital trial, and they had to try it over here instead of 216th. So -- but I think, all in all, they did real well. But the main thing this time, I-- you know, first surprise inspection in 10 years, and they're supposed to do one every few years, but I was 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 164 in our area that failed, and another one that had some issues, so I was really proud. COMMISSIONER LETZ: Bandera open? SHERIFF HIERHOLZER: Bandera's open, and they did pass theirs. Fredericksburg -- COMMISSIONER LETZ: I kind of wondered if they were open finally. SHERIFF HIERHOLZER: Yeah, they've been open. I understand Fredericksburg had some more issues. But I think ' ours did remarkable. COMMISSIONER LETZ: Good. SHERIFF HIERHOLZER: That's it. JUDGE TINLEY: Thank you, sir. Any other elected 21 22 finish d 23 24 there. 25 COMMISSIONER WILLIAMS: Got a start date and a JUDGE TINLEY: My I.T. department at work over officials? Department heads? MR. TROLINGER: The question came up during the telephone agenda item about the dates. We've had that preconstruction meeting. We're going to start the install of the wiring on the 4th of January, and expect to be complete by January 22nd. 12-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 165 Afghanistan, then? JUDGE TINLEY: Well, let's see how he does on the '~, withdrawal on this deal first, okay? Any other department heads? MS. HYDE: One more. I JUDGE TINLEY: Ms. Hyde? ~ MS. HYDE: I can't give you copies of this, because it's got names on it, but you do need to know that we have had a lot of providers -- health care providers in the Kerr County area that have sent out letters to mature individuals, and starting January 1, 2010, will no longer be participating Medicare providers in Kerr County. And we're not talking, like, two or three; we're talking 30 to 40 physicians' offices have already sent these letters out. And we're fielding a lot of the calls downstairs right now, but just so that y'all know, that's a big deal. COMMISSIONER LETZ: Reason? MS. HYDE: Their reason is that they -- COMMISSIONER LETZ: Payment? MS. HYDE: -- have had to borrow money or find other ways to keep their offices open, because of money. COMMISSIONER LETZ: Okay. COMMISSIONER OEHLER: Reimbursements. 12-19-09 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 goes down, and that's a no-win situation. JUDGE TINLEY: Any other elected officials? Department heads? Anything else, gentlemen? COMMISSIONER BALDWIN: Lunch. JUDGE TINLEY: Okay, we'll be adjourned. (Commissioners Court adjourned at 12:28 p.m.) STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as official reporter for the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 18th day of December, 2009. 23 24 25 12-14-09 JANNETT PIEPER, Kerr County Clerk B Y : ~~~~~G'~`--~----- Kathy~k, Deputy County Clerk Certified Shorthand Reporter ORDER NO. 31556 KERR COUNTY COURTHOUSE TELEPHONE SYSTEM Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Kerr County Courthouse Telephone System Contract with Computer Plus, and authorize County Judge to sign same. ORDER NO. 31557 EARLY VOTING LOCATION FOR THE 2010 MARCH PRIMARY ELECTION AND RUN-OFF, IF ANY Came to be heard this the 14th day of December, 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 designating the Hill Country Youth Exhibit Center as the Early Voting Location for the 2010 March Primary Election and Run-Off, if any. ORDER NO. 31558 RESOLUTION SUPPORTING UPPER GUADALUPE RIVER AUTHORITY'S (UGRA'S) GRANT APPLICATION TO TEXAS COMMISSION ON ENVIRONMNETAL QUALITY (TCEQ) Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Letz, seconded by Commissioners Williams/Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve Resolution authorizing Kerr County's support, as an in-kind contributor, and participation with the Upper Guadalupe River Authority (UGRA) with respect to the submission of a Grant Application to the Texas Commission on Environmental Quality (TCEQ) for funding to address and implement a plan designed to reduce bacterial levels in the Guadalupe River. ORDER NO. 31559 PRELIMINARY REVISION OF PLAT OF LOT 25 IN INGRAM HILLS SUBDIVISION Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve Preliminary Revision of Plat of Lot 25 in Ingram Hills Subdivision, located in Precinct 4. ORDER NO. 31560 PUBLIC HEARING FOR REVISION OF PLAT FOR LOTS 132 AND 133 OF VISTAS ESCONDIDAS DE CYPRESS SPRINGS ESTATES Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve setting a Public Hearing for January 25, 2010, at 9:30 a.m. for Revision of Plat for Lots 132 and 133 of Vistas Escondidas de Cypress Springs Estates, located in Precinct 4. ORDER NO. 31561 SAN ANTONIO AIRLIFE' S GUARDIAN ANGEL PLAN Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Adopt the San Antonio AirLIFE's Guardian Angel Plan, and permit payroll deduction for the purpose of enrolling, with the cost to be paid by the employee. ORDER NO. 31562 COMMISSIONERS' AND JUDGE'S LIAISON APPOINTMENTS FOR 2010 Came to be heard this the 14th day of December, 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 the designation of Commissioners' and Judge's liaison appointments for various functions for calendar year 2010, changing Commissioner Oehler to be the liaison for Law Enforcement and the Kerr County Jail, changing Commissioner Letz to be the liaison for the Library Board, adding Commissioner Letz for Subdivisions, adding Commissioner Williams and the County Judge for Human Resources, adding Commissioner Letz for Court Compliance and adding the County Judge for Information Technology. ORDER NO. 31563 REAPPOINTMENT OF MEMBERS TO THE KERR COUNTY EMERGENCY SERVICES DISTRICT #2 (ESD #2) Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve the re-appointment of Ben Alves and Evelyn Bloys to the Kerr County Emergency Services District #2, as Commissioners. ORDER NO. 31564 EDUCATIONAL STEP INCREASE FOR AUDITOR'S OFFICE EMPLOYEE Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Authorize a one step educational increase for Tracy Soldan, of the Auditor's Office, in accordance with existing policy, who received training and certification as a Certified Investment Officer. ORDER NO. 31565 DESIGNATE COUNTY REPRESENTATIVE TO SERVE ON THE ECONOMIC DEVELOPMENT TASK FORCE Came to be heard this the 14th day of December, 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 designating the County Judge as the County Representative to serve on the Economic Development Task Force. ORDER NO. 31566 WITHDRAW APPEAL TO THE TEXAS WATER DEVELOPMENT BOARD (TWDB) ON THE DFC'S SET BY GMA9 FOR THE HICKORY AND ELLENBERGER AQUIFERS Came to be heard this the 14th day of December, 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 withdrawing the Appeal to the Texas Water Development Board (TWDB) on the DFC's set by GMA9 as originally set for the Hickory and Ellenberger Aquifers, based on their action of November 30, 2009, with no impact on the Appeal for the Edwards- Trinity Aquifer. ORDER NO. 31567 RECOMMEND TO CHARLES SCHREINER ROAD FUND TRUSTEE THE MANNER OF EXPENDITURE OF EARNINGS FROM THE TRUST Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve recommending to Security State Bank and Trust, the Trustee of the Charles Schreiner Road Fund, for the expenditure of funds in accordance with the Budget approved by the Court for this current fiscal year. ORDER NO. 31568 MAINTENANCE CONTRACT WITH DIANA TWISS, INDEPENDENT CONSULTANT, FOR SOFTWARE APPLICATION MAINTENANCE AGREEMENT Came to be heard this the 14th day of December, 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 the Maintenance Contract with Diana Twiss, Independent Consultant, for Software Application Maintenance Agreement for the Kerr County Attorney's Office, and authorize County Judge to sign same. ORDER NO. 31569 KERR COUNTY EMPLOYEE HEALTH BENEFITS INSURANCE CONTRACTS Came to be heard this the 14th day of December, 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 the Kerr County Employee Health Insurance Benefits Contracts, and authorize County Judge to sign same, on the basis that the provider network by the Third Party Administrator is the Texas True Choice Netwark, in lieu of previously agreed Network of UMR. ORDER NO. 31570 REAPPOINTMENT OF BOARD MEMBERS TO KERR COUNTY EMERGENCY SERVICES DISTRICT #1 (ESD #1) Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve reappointment of John Hawkins and Bud Fawcett to the Kerr County Emergency Services District #1 (ESD #1). ORDER NO. 31571 CLAIMS AND ACCOUNTS Came to be heard this the 14th day of December, 2009, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 199,336.64 14-Fire Protection $ 12,837.99 15-Road & Bridge $ 56,767.88 16-2008 Capital Projects $ 381,079.23 18-County Law Library $ 7,078.97 27-Community Corrections $ 1,500.00 50-Indigent Health Care $ 7,201.37 76-Juv Detention Facility $ 4,026.71 82-SO Law Enforcement $ 53.06 83-216t" District Attorney $ 1,890.31 86-216th CSCD $ 2,815.34 93-SADDP - 009 $ 176.00 TOTAL $ 674,763.50 Upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 31572 BUDGET AMENDMENTS NOS. 1-6 Came to be heard this the 14th day of December, 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 paying the Budget Amendments as presented, with the changes as discussed reversing Item No. 5 From County Sponsored Activity going to Environmental Health Revenue and striking Budget Amendment No. 7. ORDER NO. 31573 MONTHLY REPORTS Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Letz, seconded by Commissioners Oehler/Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve the Monthly Reports from: Constable Pct #3 JP #3 County Clerk Constable Pct #1 District Clerk JP #4 JP # 1 Constable Pct #3 Environmental Health Constable Pct #4 JP #2 Kerr County Payroll for November, 2009 Kerr County Treasurer for November, 2009