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KERR COUNTY COMMISSIONERS COURT
Special Session
Friday, February 13, 2009
10:30 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
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I N D E X
February 13, 2009
I.1 Consider/discuss, take appropriate action to
award contract for pharmaceutical provider for
Kerr County Indigent Health program for the
balance of 2009 fiscal year and FY 2010
1.2 Consider/discuss, take appropriate action to
approve resolutions, including, but not limited
to: dam repair and upgrades, Hill Country Youth
Exhibit Center, stimulus funding to go through
state agencies, and other stimulus package items
1.3 Consider/discuss, take appropriate action on
Kerr County FMLA policy
~I --- Adjourned
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On Friday, February 13, 2009, at 10:30 a.m., a special
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Okay, let me call to order this
special meeting of the Kerr County Commissioners Court
scheduled and posted for this date and time, Friday,
February 13th, 2009, at 10:30 a.m. It is a bit past that
time now. The agenda calls for a visitors' input, so I will
ask if there's any member of the audience or public that
wishes to be heard on any matter that is not a listed agenda
item. If so, feel free to come forward at this time. Seeing
no one coming forward, we will move on. It calls for
Commissioners' comments. Do you have anything for us,
Commissioner Baldwin?
COMMISSIONER BALDWIN: No, I do not.
JUDGE TINLEY: All right. Commissioner Williams?
COMMISSIONER BALDWIN: Appreciate you asking.
COMMISSIONER WILLIAMS: Nothing.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Nothing.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Nothing here.
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JUDGE TINLEY: Let's move on with the agenda.
Consider, discuss, and take appropriate action to award
contract for pharmaceutical provider for Kerr County
Indigent Health program for the balance of 2009 fiscal year
and FY 2010. We provided some bids that we received at our
last meeting and referred them to the Indigent Health care
people for review and evaluation and recommendation. What do
you have for us, Ms. Lavender?
MS. LAVENDER: Well, we reviewed them and compared
them, and we have one that's outstanding, and it's with the
H.E.B. Pharmacy. And I made you kind of a little packet; I
wanted you to look at it this morning real quickly. I'll
give you -- send one around. She already has all this stuff.
COMMISSIONER BALDWIN: What is "real quickly"?
MS. LAVENDER: I'm not going to read it to you.
What I was going to tell you is that the H.E.B. Pharmacy
people have contracts with Comal, Aransas, Bastrop, Burnet,
Calhoun, Ellis, Kendall, Kleberg, Maverick, Medina, and
Wharton Counties, so we're not plowing a new field with this
thing.
COMMISSIONER BALDWIN: Yeah.
MS. LAVENDER: The -- the lady from H.E.B. is going
to be here next Wednesday to set up the contract and go
through the enrollment process with us. The indigent health
people will be able to enroll online for their pharmacy
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program. If they -- if you choose something or the doctor
prescribes something off of this 500 generic list, -- and I
gave you a copy of it, 'cause just for curiosity, I thought
you might want to look at it -- those are $5 prescriptions.
Currently, we've been paying $5.40 just for a dispensing fee
per prescription, and if it's a generic, from now on,
there'll be no dispensing fee. And you can see that the list
is pretty extensive. And then the other part of it is,
H.E.B. will give us 13 percent off the average wholesale
price on any brand name items, which we do have some of
those. And the -- just the convenience of the program; it's
well established.
What you have there is the printout from the Burnet
', County program, and we'll have something that's customized
for us next week. But we would recommend -- and Dawn had
interviews this morning with indigent health clients, and
', that's the reason she's not here, but we both agree that this
is the best option that we have, and certainly will serve our
purposes. The budget year for Indigent Health is September 1
through August 31st, and so this contract that we are going
to have with them will go through August 31st of 2010.
COMMISSIONER LETZ: I make a motion that we award
the Kerr County Indigent Health Care program prescription
drug contract to H.E.B.
25 1 COMMISSIONER WILLIAMS: Second.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded. 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.
MS. LAVENDER: Thank you.
COMMISSIONER OEHLER: Rosa, you want this back?
MS. LAVENDER: You can keep it. Thank you.
JUDGE TINLEY: Have y'all calculated any ballpark
probable cost savings?
MS. LAVENDER: Of what this --
JUDGE TINLEY: Yeah, mm-hmm.
MS. LAVENDER: Not really. It's kind of hard to do
that, because we'd have to go back to each specific client
and each specific prescription. So --
JUDGE TINLEY: Okay.
MS. LAVENDER: It would take a lot of time to do
that.
JUDGE TINLEY: We'll know pretty quick, though,
won't we?
MS. LAVENDER: Right. We should know, I think, by
the end of the contract year in August of this year, August
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'09, that we should see the -- the difference. I think the
dispensing fee -- savings in the dispensing fee alone is
going to save us, you know, $15 a month per client if they're
on three prescriptions a month. And so --
JUDGE TINLEY: Dispensing fee that we're paying now
is normally 5.95?
MS. LAVENDER: 5.40 per prescription. And if we
can get them onto generics, then this will be eliminated.
So, anyway, we're going to work on it and see what we can do
to save more money. Thank you.
JUDGE TINLEY: Thank you.
COMMISSIONER LETZ: Thank you.
JUDGE TINLEY: We will go to the next item on the
agenda, to consider, discuss, and take appropriate action to
approve resolutions, including, but not limited to: dam
repair and upgrades, Hill Country Youth Exhibit Center,
stimulus funding to go through state agencies, and other
stimulus package items. I put this on the agenda at the
request of several of the Commissioners dealing with various
county priority and desired projects. Commissioner Williams
!, was kind enough to do the resolutions, and we appreciate your
efforts. And --
COMMISSIONER WILLIAMS: You're welcome.
JUDGE TINLEY: And do you want to take off running
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COMMISSIONER WILLIAMS: I think we've covered the
bases on all the topics that the Court asked that we cover.
The first one -- in no particular order, first one I have in
my hand is the -- has to do with lake/dams repair, dredging
of the Guadalupe River, lakes -- the dam repair, lake and
river dredging, construction of off-channel stormwater
reservoir. The language, as you'll see in each one, setting
up the resolution is pretty straightforward in all four of
them, and the only thing that changes from one to one is
the -- the definition at the top telling what it is and the
explanation in the middle as to the particular topic. So,
the first one has to do with the river -- river dredging, dam
repair, and potential of a reclamation project for stormwater
cachement reservoir. Want me to move them, Judge, as we go
through it?
JUDGE TINLEY: You may, surely.
COMMISSIONER WILLIAMS: I move adoption of the --
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: -- first resolution.
JUDGE TINLEY: Motion made and seconded for
adoption of the resolution dealing with the river dredging --
river and lake dredging, Guadalupe River, dam repairs, and
construction of off-channel stormwater cachement reservoirs.
Question or discussion on that motion? All in favor of the
motion, signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER WILLIAMS: Second one, Judge, is --
deals with the replacement of the Hill Country Youth Exhibit
Center. Same language, different topic. Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the resolution urging stimulus funding for the
replacement of the Hill Country Youth Exhibit Center.
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.
COMMISSIONER WILLIAMS: Third joint resolution
deals with the use of stimulus funds for the Center Point/
East Kerr County wastewater and water projects. Move
approval.
COMMISSIONER LETZ: Second.
COMMISSIONER OEHLER: Second.
COMMISSIONER LETZ: Third.
JUDGE TINLEY: Motion made and seconded for
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approval of the joint resolution concerning use of stimulus
funds for the Center Point/East Kerr County wastewater and
water projects. 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 carries.
COMMISSIONER WILLIAMS: And the final one deals
with supporting use of stimulus funds for the replacement of
six off-system bridges. I identified the six bridges. I
assume that I identified them correctly in Precincts 3 and 4,
and there's one in Precinct 2. Move approval of the
resolution.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the resolution for stimulus funding for the
replacement of six off-system bridges. Question or
discussion on that motion?
COMMISSIONER BALDWIN: Let me ask a question, just
kind of off the -- off the beaten path here. Hoot Owl, is
there some dispute over property?
COMMISSIONER OEHLER: There was, but there's not.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER WILLIAMS: There was, but there's not
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any more, huh?
COMMISSIONER OEHLER: The dispute on that
particular one, we have found out that that piece of property
in question is not owned by the person who claims --
COMMISSIONER BALDWIN: That's right.
COMMISSIONER OEHLER: -- to have some rights to it.
COMMISSIONER WILLIAMS: There went the argument,
right?
void.
COMMISSIONER OEHLER: The argument is null and
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: Motion does carry. There's one more
item on here, funding through state agencies. Commissioner
Letz, I believe you wanted to talk about that item?
COMMISSIONER LETZ: Talk about that. And I think
that the one with the -- the status of the stimulus package,
that it's done pretty much -- and in my understanding of how
it's going to work, anyway, that's really unnecessary and
wouldn't have any impact, really, so no reason to clutter it
up.
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JUDGE TINLEY: Okay. Anything else on that
particular agenda item?
COMMISSIONER LETZ: Just one -- just a little bit
of good news. I know that the Airport Board has -- or one of
the board members, Fred Vogt, has been in contact for several
weeks now with TexDOT Aviation, and some of the projects that
we have on our resolutions have a pretty good shot of getting
funded. And they're -- the way this is going to work, and
this is kind of on a lot of these, evidently, is that the --
because of the timing, they're going to swap out projects.
They're going to swap projects that they have funding for
already allocated, like roads and everything else -- like our
bridges would be a good example. Those projects are set,
ready to go. The funding's kind of the issue. They're going
to -- even those that are funded already, they're going to
put the stimulus money in, pull the state money out, and then
use that -- then they can do 100 percent funding of these new
projects, and then reallocate that old money to other
projects. And there's a chance, I understand, that at the
airport, that can be happening with the drainage project
currently underway; that that may be a swap, and they may
take their 7.2 million back and replace it with 8 million.
COMMISSIONER WILLIAMS: That would eliminate
totally our -- our commitment.
COMMISSIONER LETZ: And the City's.
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COMMISSIONER WILLIAMS: And fund the entire
remainder of the project.
COMMISSIONER LETZ: And that's the hope as to
howsoever that's going to be happening, at least in Texas.
COMMISSIONER WILLIAMS: We've passed those two
resolutions before, so they weren't part of this.
COMMISSIONER LETZ: Right. So, anyway, you know,
there was a -- it appears from TexDOT's standpoint, anyway,
that's how they're going to probably use some of these
pass-through funds. That's their approach, because they --
obviously, the engineering to start one of these projects
takes years, and it would be -- you know, doesn't work. So,
that's the way they've done it, basically, which could give
us a lot of benefit.
JUDGE TINLEY: If that -- if those funds go for
that drainage project, and -- and subsequent to that, even,
the water project, that would certainly head off a major
difficulty that we got looming, at least financially.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Anything else on that particular
agenda item? Let's move to Item 3; consider, discuss, take
appropriate action on Kerr County FMLA policy.
MS. HYDE: One's for Cheryl.
COMMISSIONER OEHLER: They're all stapled in the
right-hand corner.
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I
COMMISSIONER LETZ: Aren't they always?
COMMISSIONER OEHLER: Yeah, always on the
right-hand corner. Left-handed people.
JUDGE TINLEY: Mm-hmm. You're reading my mind,
Commissioner.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER OEHLER: Are you beating your drum
over there?
MS. HYDE: There's one for Rex. When we left here
the other day, I went over to talk with Mr. Williams with
Rusty and myself, and was asked to make some changes. I
incorporated those changes into the new document.
COMMISSIONER WILLIAMS: You might refresh the
Court's memory which paragraphs.
MS. HYDE: If you go to Paragraph I --
JUDGE TINLEY: Page 75?
MS. HYDE: Page 72. First paragraph, last sentence
was added. Employees who experience qualifying event shall
be placed on FMLA, and any -- I can't read your writing.
COMMISSIONER LETZ: Any paid leave available to the
employee shall run concurrently with FMLA leave.
MS. HYDE: Thank you. Go to Page 75, I think where
the Judge was, under types of leave. There's a change there.
Instead of substitution of paid leave, it says, "Concurrent
use of paid leave and FMLA leave." The same sentence was
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added to the end of that section under vacation and sick.
COMMISSIONER WILLIAMS: Are those the only two we
messed with?
MS. HYDE: We changed Page 77.
COMMISSIONER LETZ: Wait, can we go back a second?
On page 75, employees on continuous FMLA leave. Why is the
word "continuous" there?
MS. HYDE: Well, because you have continuous FMLA
and have you intermittent FMLA. Intermittent means they can
take up to one hour of leave at a time, so continuous is when
they have -- yes, sir. That's why it's gotten down and
intense.
COMMISSIONER LETZ: We -- I mean, is it -- will
employees understand what "continuous" and "intermittent"
mean?
COMMISSIONER WILLIAMS: Are they defined anywhere?
MS. HYDE: We're going to have to train them.
COMMISSIONER LETZ: Okay. But, I mean, it's
defined somewhere?
MS. HYDE: I got two people talking.
COMMISSIONER LETZ: Is it defined somewhere? I
mean, it seems to me that those are the things that, if we
define it somewhere in our policy, or if it's defined by
federal law or -- or somewhere --
MS. HYDE: It tells you what continuous is, and it
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tells you what intermittent is. Intermittent has its own
section.
MS. BAILEY: It would be good to put it in here.
COMMISSIONER LETZ: Okay. Intermittent leave,
okay.
COMMISSIONER OEHLER: That last sentence on Page 75
is --
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: -- the place to do that. Has
teeth in it.
COMMISSIONER WILLIAMS: The definitions section.
MS. HYDE: On Page 72, guys, it -- on Page 72, it
tells us what intermittent leave is.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Right.
MS. HYDE: Do you want me to put what is
continuous? Do you want me to add --
JUDGE TINLEY: I think probably "continuous" is
pretty evident, by definition.
COMMISSIONER LETZ: Is continuous -- well, you say
that, but I have a question. Is intermittent only hourly?
Say you're gone for five days. Is that intermittent or
continuous?
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MS. HYDE: That's continuous. If they're out for
an hour a day for five days, that's intermittent. So,
somebody that has a migraine, which is considered a serious
health -- can be -- can be qualified as a serious medical
complaint --
COMMISSIONER WILLIAMS: This paragraph identifies
both of them, Commissioner. "Intermittent leave is leave
taken in separate blocks of time for a single illness or
injury, rather than one continuous period of time, which may
include periods from a portion of an hour or more to several
I weeks . "
COMMISSIONER LETZ: Maybe on that -- could we
add -- maybe say "intermittent and continuous leave"? That
way -- 'cause that sentence does cover both.
MS. HYDE: On Page 72?
COMMISSIONER LETZ: Yeah.
MS. HYDE: Or 75?
COMMISSIONER LETZ: 72.
COMMISSIONER WILLIAMS: 75.
MS. HYDE: So, I'll put intermittent leave and
continuous leave.
JUDGE TINLEY: Well, you can put in a separate
paragraph for continuous leave, which is leave taken in one
continuous period of time.
COMMISSIONER LETZ: Yeah. I just think -- you
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know, the more we define it, the -- you know, what's
continuous to one may not be continuous to somebody else.
COMMISSIONER OEHLER: Less chance for
misinterpretation.
JUDGE TINLEY: But I think you've addressed the
issue, the concept issue that we had.
~~ MS. HYDE: Okay.
JUDGE TINLEY: That clears up -- can you -- can you
start on the paid and hold the other one in your pocket?
That last sentence on 75 clearly says it starts upon the
occurrence. Doesn't say you got to apply for it. Doesn't --
it starts, period, upon a qualifying event. And that's what
we want.
MS. HYDE: Page 77 we changed to the box.
COMMISSIONER WILLIAMS: 77?
MS. HYDE: Yes, sir. And then the very last box on
Page 79, it was changed.
COMMISSIONER LETZ: Can we adopt this today, make
it effective immediately?
JUDGE TINLEY: Yes.
COMMISSIONER LETZ: Is that what we're doing?
COMMISSIONER WILLIAMS: Sure.
JUDGE TINLEY: That's the agenda item.
MS. BAILEY: If you're going to adopt it today, you
need to say "with the following change," and do that
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continuous addition, if that's how you're going to do it.
COMMISSIONER LETZ: Right, as amended today.
MS. BAILEY: Yeah.
COMMISSIONER LETZ: But, I mean, we don't have to
-- there's no notice? We can just do it?
MS. BAILEY: Is this part of the personnel policy
that we're doing?
SHERIFF HIERHOLZER: Yeah.
COMMISSIONER LETZ: I make a motion that we amend
the Kerr County Personnel Policy and -- is the previous one
the same chapter?
MS. HYDE: No, sir, previous one is in three
different sections in the old policy book. None of them are
the same.
COMMISSIONER LETZ: Amend Kerr County personnel
policy family medical leave -- I'm trying to think of the
right word here.
JUDGE TINLEY: In lieu of existing.
COMMISSIONER LETZ: In lieu of existing family
medical leave provisions.
COMMISSIONER WILLIAMS: In lieu of, or to
supersede? Whichever.
JUDGE TINLEY: We're going to replace the
existing --
COMMISSIONER LETZ: We want to replace the existing
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with this.
JUDGE TINLEY: With -- with the addition of a
"continuous leave" provision as being one continuous period
of time.
COMMISSIONER LETZ: Right, correct. And that's
basically the existing -- the draft as presented, as amended
or revised today.
COMMISSIONER WILLIAMS: See there, Buster? The
lawyer in him came out.
COMMISSIONER BALDWIN: Yeah. Yeah, easy for him to
say.
COMMISSIONER LETZ: I'm going to keep my mouth
shut.
JUDGE TINLEY: I have a motion.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: I have a motion and a second.
Discussion or questions on the motion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Anything
else, gentlemen, under this agenda? We'll be adjourned.
(Commissioners Court adjourned at 10:55 a.m.)
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STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 13th day of February,
2009.
JANNETT PIEPER, Kerr County Clerk
' %'
Kathy B~ik, Deputy County Clerk
Certified Shorthand Reporter
2-13-09
ORDER NO. 31201
KERB COUNTY INDIGENT HEALTH PROGRAM CONTRACT FOR
PHARMACEUTICAL PROVIDER
Came to be heard this the 13th day of February, 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:
Award Kerr County Indigent Health Program Prescription Drug Contract to HEB
Pharmacy for the balance of fiscal year 2009 and fiscal year 2010.
ORDER NO. 31202
RESOLUTION FOR RIVER AND LAKE DREDGING, GUADALUPE RIVER, DAM
REPAIRS AND CONSTRUCTION OF OFF-CHANNEL STORMWATER
CACHEMENT RESERVOIRS
Came to be heard this the 13th day of February, 2009, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Adopt Resolution dealing with the river and lake dredging, Guadalupe River, dam repairs
and construction of off-channel stormwater cachement reservoirs.
ORDER NO. 31203
RESOLUTION FOR REPLACEMENT OF HILL COUNTRY YOUTH EXHIBIT
CENTER
Came to be heard this the 13th day of February, 2009, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Adopt Resolution urging stimulus funding for the replacement of the Hill Country Youth
Exhibit Center.
ORDER NO. 31204
RESOLUTION FOR CENTER POINT/EAST KERB COUNTY WASTEWATER AND
WATER PROJECTS
Came to be heard this the 13th day of February, 2009, with a motion made by
Commissioner Williams, seconded by Commissioners Letz/Oehler, the Court
unanimously approved by a vote of 4-0-0 to:
Adopt Resolution for use of stimulus funds for the Center Point/East Kerr County
Wastewater and water projects.
ORDER NO. 31205
RESOLUTION FOR REPLACEMENT OF SIX OFF-SYSTEM BRIDGES
Came to be heard this the 13th day of February, 2009, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court unanimously
approved by a vote of 4-0-0 to:
Adopt Resolution supporting use of stimulus funds for the replacement of six off-system
bridges.
ORDER NO. 31206
KERR COUNTY FAMILY MEDICAL LEAVE ACT (FMLA) POLICY
Came to be heard this the 13th day of February, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by a vote of 4-0-0 to:
Amend the Kerr County Personnel Policy Family Medical Leave Act (FMLA) Draft as
presented, replacing the existing provisions, and with the addition of a "Continuous
Leave" provision as being one continuous period of time.