1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, February 14, 2005 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 2 1 I N D E X February 14, 2005 2 PAGE --- Commissioners' Comments 4 3 1.1 Order securing payment of "Kerr County, Texas 4 Certificates of Obligation, Series 2005" by authorizing levy of an annual ad valorem tax; 5 Readopt order approved February 4, 2005, and provide for immediate effective date 6 6 1.2 Resolution approving application for Violence 7 Against Women Act grant to hire special prosecutor to prosecute cases (25% match required) 11 8 1.3 Approval of annual accounts deposited into Court 9 Registry pursuant to Texas Probate Code 16 10 1.4 Approve Paula Rector's resignation from the Board of Directors of Kerr Central Appraisal District 17 11 1.5 Consider advertising for annual bids for road base, 12 cold mix, black base, trap rock, emulsion oil, corrugated metal pipe, and equipment by the hour 19 13 1.6 Preliminary Plat of Waugh Acres, Pct. 2 20 14 1.7 Consider rescinding Court Order 28660 requiring 15 platting of property in Precinct 2 owned by Rickert & Bettac; approve new court order that does not 16 require platting in accordance Subdivision Rules 28 17 1.8 Consider notification of Road name changes 40 18 1.15 Consider approving Commissioners Court Employee Evaluation form 50 19 1.16 Discuss approval of the Child Welfare Board of 20 Directors 53 21 1.9 Public Hearing - alternate plat process for Grotto Springs Ranch, Lot 5, Precinct 3 59 22 1.11 Consider approval of alternate plat process for 23 Grotto Springs Ranch, Lot 5, Precinct 3 60 24 1.10 Open bids for Information Technology Services 62 25 1.12 Consider renewal of lease for West Kerr County Annex and increase in rental for that facility 64 3 1 I N D E X (Continued) February 14, 2005 2 PAGE 3 1.13 Consider renewal of commercial lease for 216th Adult Probation offices at 431 Quinlan Street 69 4 1.14 Status of the new roof on the Hill Country Youth 5 Exhibit Center 74 6 1.17 Authorize advertising for bids to clean out debris & trash deposited in Flat Rock Lake, take 7 down dead trees, remove submerged stumps, etc. 80 8 1.18 Authorize County Judge to sign placement contracts and other agreements on behalf of Kerr County 92 9 1.19 Consider expanding scope of engagement of 10 Pressler-Thompson & Company to perform an in-depth audit of Kerr County Juvenile Detention 11 Facility for the years 2002, 2003 and 2004 109 12 1.20 Consider discrepancy of salaries between County employees and Juvenile Detention Facility 13 employees and make appropriate adjustments 111 14 1.21 Discuss, review & authorize budget for Kerr County Juvenile Detention Facility 123 15 1.22 Consider waiving OSSF plat review/inspection 16 fees for Center Point Independent School District's trade school building project 156 17 4.1 Pay Bills 159 18 4.2 Budget Amendments 163 4.3 Late Bills --- 19 4.4 Read and Approve Minutes 168 4.5 Approve and Accept Monthly Reports 169 20 5.1 Reports from Commissioners/liaison committee 21 assignments 170 22 5.2 Reports from elected officials/department heads 171 23 --- Adjourned 176 24 25 4 1 On Monday, February 14, 2005, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Good morning, ladies and 7 gentlemen. Let me call to order the regularly scheduled 8 meeting of the Kerr County Commissioners Court posted for 9 this time and date, Monday, February 14th, 2005, at 9 a.m. 10 It's that time now. Commissioner Letz, I believe you have 11 the honors this morning. 12 COMMISSIONER LETZ: Please stand and join me 13 in a moment of prayer, followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if 16 there is any member of the public or audience that wishes to 17 be heard on any matter that is not a listed agenda item, 18 they're privileged to come forward at this time. If you 19 wish to speak on an item that is a listed agenda item, we'd 20 ask that you wait until that time, and if you would, if you 21 would fill out a participation form so that I won't miss you 22 when it comes to that item, I'd appreciate it. It's not 23 essential, but it's helpful to me. But if there's any 24 member of the public that wishes to be heard at this time on 25 any matter that's not listed on the agenda, please come 2-14-05 5 1 forward at this time and tell us what's on your mind. 2 Seeing no one moving this direction, I'll assume there are 3 none. And, Commissioner Letz, what do you have for us this 4 morning? 5 COMMISSIONER LETZ: I don't think I have 6 anything. I'm just -- it's nice to see the sunshine for a 7 couple of days. That's it. 8 COMMISSIONER NICHOLSON: Everybody in 9 Precinct 4's healthy, happy, and wealthy. That's all I've 10 got. 11 JUDGE TINLEY: That's good to hear. 12 Commissioner Baldwin? 13 COMMISSIONER BALDWIN: Yes, sir. Yesterday, 14 I had the great honor and opportunity to visit with Bubba 15 Hierholzer, Rusty's boy. He's just fresh back from 16 Afghanistan, and I thought maybe he'd be here today, but 17 they were heading off fishing. You know what boys do when 18 they start fishing, so, obviously, he didn't make it back 19 today. But his comment -- I asked him -- I said, "Well, how 20 are things?" And his comment was, "I love the United States 21 of America." That's all. Good to see him. If y'all see 22 him -- he's a big old cowboy. If y'all see him, hug on him 23 a little bit. 24 COMMISSIONER WILLIAMS: Can't miss him, huh? 25 COMMISSIONER BALDWIN: No, you can't. 2-14-05 6 1 JUDGE TINLEY: Thank you. Commissioner 2 Williams? 3 COMMISSIONER WILLIAMS: A good time was had 4 by all, including the County Judge, the County Attorney, and 5 yours truly, at the Center Point Alliance Club pancake 6 supper on Saturday. I noticed the County Attorney came back 7 with two big bags of pecans, and I don't know what the Judge 8 came back with except a full stomach. But it was a good 9 time, raised a lot of dollars for the scholarship fund, and 10 it's a good community activity. 11 COMMISSIONER BALDWIN: I didn't get my free 12 tickets, or I'd have been there. 13 COMMISSIONER WILLIAMS: I know. That's why 14 you weren't there. 15 COMMISSIONER BALDWIN: I see. (Laughter.) 16 Won't be there next year either, I guess. 17 JUDGE TINLEY: Thank you, Commissioner. 18 You're right, a good time was had by all, and you're exactly 19 right, I did have a full tummy when I left there. Let's 20 move on with the business at hand. The first item on the 21 agenda is consider and discuss an order securing the payment 22 of Kerr County, Texas Certificates of Obligation, Series 23 2005, authorizing the levy of an ad valorem tax, readopting 24 the order approved on February 4, 2005, which originally 25 authorized the issuance of such Certificates of Obligation, 2-14-05 7 1 and providing for immediate effective date. Mr. Spurgeon. 2 Good morning, sir. 3 MR. SPURGEON: Good morning, Judge. It's 4 good to be here this morning. Judge, this item is really 5 sort of the second part of the certificate order that you 6 all approved on February the 4th. There is a provision in 7 Texas law that says that the County is not allowed to levy a 8 tax unless it's during a regularly scheduled meeting of the 9 Court, and the meeting that occurred on February 4th was not 10 that; it was a special meeting, and it had been moved a 11 number of times and those type of things. So, we had 12 revised that certificate order so that it did everything in 13 terms of authorizing the issuance of the C.O.'s except for 14 levying the tax, and -- and did that in this second order. 15 And we had talked with the Attorney General's office about 16 that procedure, and it's something that has been done in the 17 past and those type of things. 18 Now, in -- actually, sort of subsequent to 19 that, the A.G. did ask that we go ahead and just readopt the 20 order, frankly, for reasons I still don't completely 21 understand from their -- from their standpoint. But since 22 we were coming back to the County with it, it was a very 23 simple process to add that to part of this order. So, 24 really, the real effect of this is to implement the -- the 25 security or the payment procedure for the C.O.'s, and that 2-14-05 8 1 is that this would have been something that was in your 2 original order that would authorize the levy of a tax on an 3 annual basis, and so that's what this is doing. This is the 4 final step. The bonds are -- or the C.O.'s are ready to be 5 approved by the A.G. this morning, and the C.O. approval 6 will be delivered around 11 o'clock this morning if this all 7 passes. And, Judge, I do have for you a full, originally 8 executed copy of the Consent and Release. 9 JUDGE TINLEY: Okay. 10 MR. SPURGEON: For your permanent record. 11 You have -- 12 JUDGE TINLEY: Thank you. 13 MR. SPURGEON: You have a copy that you've 14 certainly seen with all the faxed signatures, but those are 15 all the original signatures for you to keep in your -- in 16 your permanent records. 17 COMMISSIONER WILLIAMS: Mr. Spurgeon, we 18 would be adopting an order -- I see it as a draft dated 19 February 7, which it includes the re -- 20 MR. SPURGEON: Readopting. 21 COMMISSIONER WILLIAMS: -- readopting the 22 original resolution regarding the Certificates of 23 Obligation. 24 MR. SPURGEON: Yes, sir. 25 COMMISSIONER WILLIAMS: And then setting the 2-14-05 9 1 tax, appropriating the appropriate amount of tax for that 2 purpose; is that correct? 3 MR. SPURGEON: Yeah. It's actually sort of 4 levying a tax on an annual basis, and -- 5 COMMISSIONER WILLIAMS: I understand. 6 MR. SPURGEON: -- you would actually come in 7 in September -- August or September to actually levy the tax 8 itself, but this is authorizing the annual levy of a tax in 9 order to secure this type of indebtedness. 10 COMMISSIONER WILLIAMS: While you're not the 11 right person to direct this question to, I think you 12 probably remember. The financial people indicated that the 13 first coupon of this issuance would not be due until fiscal 14 year '05-'06? 15 MR. SPURGEON: That's correct. That's right. 16 There is -- the first interest payment on this debt is 17 February 15th of 2006. 18 COMMISSIONER WILLIAMS: And it's a five-year 19 obligation? 20 MR. SPURGEON: It is a five-year obligation, 21 yes, that's correct. That's right. 22 COMMISSIONER LETZ: I move approval of the 23 agenda item. 24 COMMISSIONER WILLIAMS: Second. 25 JUDGE TINLEY: Motion made and seconded for 2-14-05 10 1 approval of the agenda item. Any question or discussion? 2 COMMISSIONER NICHOLSON: Help me with my Tax 3 101. What this means is that in my next year's property tax 4 bill, I'm going to see another line item on there? 5 COMMISSIONER LETZ: No, what it means, as I 6 understand -- let me see. It's a good question to make sure 7 I understand it. It means that this Court is obligated to 8 allocate a portion of our tax for this amount. It doesn't 9 mean we change the total tax rate, necessarily. It means 10 that we are obligating -- 11 COMMISSIONER NICHOLSON: Okay. 12 COMMISSIONER LETZ: -- whatever the amount -- 13 percentage is into our total list of taxes, of which the 14 jail bond is a separate line item. They're all -- there's a 15 number of separate line items that make up our total tax 16 rate. 17 COMMISSIONER WILLIAMS: All lumped up into 18 the current rate. 19 COMMISSIONER LETZ: Yeah, and it is 20 anticipated that there will be no change in the total tax 21 rate. Or no increase in it, anyway. 22 JUDGE TINLEY: No, it merely provides that 23 tax revenues are dedicated for the repayment of these 24 C.O.'s. 25 MR. SPURGEON: Right. 2-14-05 11 1 JUDGE TINLEY: And that the -- the actual 2 amount of tax that's imposed annually will be determined 3 each year during the budget and tax rate setting process. 4 Any further question or discussion? All in favor of the 5 motion, signify by raising your right hand. 6 (Commissioners Letz and Williams voted in favor of the motion. 7 JUDGE TINLEY: All opposed, same sign. 8 COMMISSIONER BALDWIN: Nay. 9 (Commissioners Baldwin and Nicholson voted 10 against the motion.) 11 JUDGE TINLEY: Chair votes in favor of the 12 motion. Motion passes. Next item on the agenda is a 13 resolution -- consider and discuss a resolution approving 14 application for Violence Against Women Act grant to hire a 15 special prosecutor to prosecute cases for both County 16 Attorney and 198th and 216th Judicial Districts, indicating 17 that a 25 percent match is required from the County for this 18 purpose. Good morning. How are you, Mr. Emerson? 19 MR. EMERSON: Good morning. I'm doing very 20 well. And y'all? The -- we're here to present the 21 application today for the Violence Against Women Act. It's 22 a grant that's sponsored by both federal and state 23 government, and what we propose to do with this grant is to 24 hire a special prosecutor to represent Kerr County in 25 disposition of not only misdemeanor, but felony cases within 2-14-05 12 1 the county. What this encompassed last year is, in 2004, 2 there were 92 assault/family violence cases filed in the 3 misdemeanor court system. There were 23 sexual assaults 4 investigated by Kerrville Police Department, and 16 sexual 5 assaults investigated by the Kerr County Sheriff's 6 Department. Those numbers do not include injury to children 7 and other cases that would be related to this. With the 8 approval of this grant by the -- with the approval of the 9 VAWA grant, what that would do is allow us to have a special 10 trained prosecutor that could specialize in that area that 11 would represent all three jurisdictions, and thereby move 12 the cases through the court system faster. This would 13 result in better care for the victims, more allocation of 14 resources for the victims, and should reduce the cost to 15 Kerr County in jail time. 16 Historically. What has happened is a 17 significant case like that would be filed, and many times 18 the defendant does not have the money to get out on bond or 19 there is not bond allocated by the court because of the 20 nature of the case, and that individual may sit in jail for 21 anywhere up to a year in time waiting to go to trial. This 22 should significantly speed that up, thereby reducing the 23 County's cost. There's been a cooperative working agreement 24 signed by Hill Country Crisis Council and the Juvenile 25 Probation Department to work on this. There's also letters 2-14-05 13 1 of endorsement which I believe the Commissioners have from 2 both the 216th and the 198th District Attorneys. The 3 in-kind allocation that we would use for the match is office 4 space, equipment allocated, and investigators that are 5 already employed by this county through the District 6 Attorney's offices. As such, the only real cash expenditure 7 for the County would be the retirement and the -- or, excuse 8 me, the health benefits that go with the position of 9 approximately $6,000 a year. 10 COMMISSIONER WILLIAMS: What is the amount of 11 the grant you're applying for, Mr. County Attorney? 12 $24,000? Would that be the case? 13 MR. EMERSON: No, sir, it is $70,879. 14 COMMISSIONER WILLIAMS: $70,879. Okay, thank 15 you. Move approval of the resolution. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval of the agenda item. Any question or discussion? 19 COMMISSIONER LETZ: Couple comments. First, 20 one of the comments you made is that this is going to help 21 things move through the legal system quicker? 22 MR. EMERSON: Yes, sir. 23 COMMISSIONER LETZ: Can we track that? I 24 mean, the Sheriff's been here several times, and he puts a 25 lot of the delay on the court system, not on the District 2-14-05 14 1 Attorneys. And I think we need to clearly identify where 2 these delays are. Clearly, we have too many people staying 3 too long in our jail, so we need to be able to -- I'd like 4 to track this and see if we are getting these type of -- 5 this type of offenders through the system quicker than we 6 had in previous years. I know this can't go backwards, but 7 certainly it can go forwards in the tracking. And the -- 8 that's really my only comment. 9 MR. EMERSON: For what it's worth, if I may 10 respond to that, there is a meeting at 1 o'clock today 11 between the District and County Court at Law judges, 12 prosecutors, and defense attorneys to talk about how to move 13 cases through the court system faster. 14 COMMISSIONER LETZ: Good. 15 COMMISSIONER BALDWIN: Super good. 16 COMMISSIONER LETZ: Okay. Glad to hear that. 17 COMMISSIONER BALDWIN: Good news. Maybe we 18 can furnish coffee. The 25 percent match is the total of 19 that in -- in-kind? 20 MR. EMERSON: All except the $6,000 for the 21 insurance. 22 COMMISSIONER BALDWIN: Okay. 23 MR. EMERSON: Yes, sir. 24 COMMISSIONER BALDWIN: Thank you. 25 COMMISSIONER LETZ: Wait. But where's -- the 2-14-05 15 1 question I have is, where's the $6,000 coming from in the 2 budget? 3 MR. EMERSON: That's for the Commissioners to 4 decide. 5 COMMISSIONER WILLIAMS: Well, you can't get 6 it out of your budget? 7 MR. EMERSON: What we're proposing for this 8 to do would be to kick in on the next budget year, and I -- 9 I would presume, although I hate to speak for the two 10 District Attorneys, that between the three of us, I'm sure 11 we could find some allocation for it. 12 COMMISSIONER LETZ: This won't start till the 13 next budget year? 14 MR. EMERSON: Correct, if it's approved. 15 COMMISSIONER NICHOLSON: This special 16 prosecutor, is this a -- a new employee, or is it somebody 17 currently in -- on your staff or in the -- is this an 18 unidentified new lawyer? 19 MR. EMERSON: Yes, sir. 20 COMMISSIONER NICHOLSON: Okay. And -- 21 MR. EMERSON: What we would hope to do is 22 either recruit somebody from, say, San Angelo or San Antonio 23 who already has training in that area. 24 COMMISSIONER NICHOLSON: So, it's got -- 25 requires specialized training. Is this a full-time job? 2-14-05 16 1 MR. EMERSON: Yes, sir. 2 COMMISSIONER NICHOLSON: Okay. So, it's 3 not -- I think you answered my question. But it's not going 4 to give you some flexibility to use this person in different 5 kinds of law? 6 MR. EMERSON: They would primarily be 7 restricted by the grant to any crime involving children or 8 women. 9 COMMISSIONER NICHOLSON: Okay. 10 COMMISSIONER LETZ: But indirectly, it will 11 free up, because the prosecutors are doing that work. 12 COMMISSIONER NICHOLSON: Yeah, so you'll have 13 a little more flexibility. 14 MR. EMERSON: Yes, sir. 15 COMMISSIONER NICHOLSON: That's good. 16 JUDGE TINLEY: Any further question or 17 discussion on the motion? All in favor of the motion, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. Thank 23 you, Mr. Emerson. The next item on the agenda is approval 24 of the annual accounts deposited into the court registry 25 pursuant to Article 887(b) of the Texas Probate Code. 2-14-05 17 1 MS. ALFORD: This is an annual thing that you 2 do every year by approving them. They've already gone out 3 to the people that have accounts deposited with us. 4 COMMISSIONER LETZ: Move approval of annual 5 accounts deposited into the court registry pursuant to 6 Article 887(b) of the Texas Probate Code. 7 COMMISSIONER NICHOLSON: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the agenda item. Any question or discussion? 10 All in favor of that motion, signify by raising your right 11 hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. Thank 16 you, ma'am. The next item on the agenda is to approve the 17 resignation from the Board of Directors of the Kerr Central 18 Appraisal District. Ms. Rector, good morning. 19 MS. RECTOR: Good morning. I will read the 20 resignation. It says, "I respectively submit my resignation 21 to the Chairman of the Board of Directors of the Kerr 22 Central Appraisal District. I've built my career of 27 23 years with Kerr County and have served on the board since 24 1994 with honesty and integrity. The faith and trust you 25 have placed in me I hold with the highest regard, but I feel 2-14-05 18 1 I can no longer work with the current board. Per Section 2 6.03 of the Property Tax Code, I will remain on the Board as 3 a nonvoting member. Perhaps my time and energy will be 4 better spent in that capacity. I will continue to focus my 5 efforts on the needs of the district and the taxpayers of 6 Kerr County." Any questions? 7 COMMISSIONER WILLIAMS: I would move 8 acceptance of your resignation, Ms. Rector, with thanks and 9 appreciation for the job you've done on behalf of Kerr 10 County. I know your service has been on behalf of the 11 taxpayers, and I commend you for that and thank you for 12 that. 13 MS. RECTOR: Thank you. 14 COMMISSIONER BALDWIN: I second it, with a 15 ditto. Thank you very much. 16 MS. RECTOR: Thank you. 17 COMMISSIONER LETZ: Thank you, Paula. And 18 also, I'd like to visit with you about your replacement, 19 possibly, see if you have any ideas and thoughts on that. 20 MS. RECTOR: Okay, I appreciate that. 21 JUDGE TINLEY: Motion made and seconded for 22 acceptance of Ms. Rector's resignation, with profound thanks 23 to her for her many years of service on behalf of Kerr 24 County. Any question or discussion on the motion? All in 25 favor of the motion, signify by raising your right hand. 2-14-05 19 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Thank 5 you, Ms. Rector. The next item on the agenda is to consider 6 advertising for annual bids for road base, cold mix, black 7 base, trap rock, emulsion oil, corrugated metal pipe, and 8 equipment by-the-hour. Mr. Odom, good to see you this 9 morning, sir. 10 MR. ODOM: Thank you, sir. Good morning. 11 This is our annual bid, and I've come before the Court to 12 ask permission to go out for bid. Sealed bids will be 13 received at the courthouse here March 11th and be opened at 14 10 a.m. on Monday, March 14th, and that you would consider 15 having myself review the bids and bring -- award 16 recommendations to the Court on March 28th, 2005. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item, to advertise for the bids as 21 specified. Any question or discussion? All in favor of the 22 motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 2-14-05 20 1 JUDGE TINLEY: The motion carries. Next item 2 on the agenda is to consider preliminary plat of Waugh Acres 3 located in Precinct 2. 4 COMMISSIONER WILLIAMS: Mr. Odom? 5 MR. ODOM: Yes, sir. We have before us, 6 Commissioners -- we have met with the surveyor. We have 7 before you a blue line of the preliminary. It has met all 8 the criteria that we have. This is off Witt Road. It's in 9 Precinct 2. It is an unrecorded area. This is being 10 platted, subdividing a little bit over 10 acres of land into 11 three lots. We also have an Area A touching these three 12 parcels, of which the B.F.E. and -- well, finished floor has 13 been established on this plat. And it is to be a country 14 lane design for three lots. It's under 15 lots, so a 15 country lane is -- is acceptable, and to be constructed to 16 subdivision standards. We -- I have no problems with it, 17 and I recommend that you accept the preliminary plat. 18 COMMISSIONER WILLIAMS: Move approval of the 19 preliminary plat for Waugh Acres in Precinct 2. 20 COMMISSIONER NICHOLSON: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Any question or discussion? 23 COMMISSIONER LETZ: Question. 24 MR. ODOM: Yes, sir? 25 COMMISSIONER LETZ: Is there a water system? 2-14-05 21 1 MR. ODOM: Sir, there is a well, and -- 2 there's an existing well and pump house there, and the 3 proposal is to be able to tie that into the three lots. It 4 will be a -- like a community water system. They have to 5 get, you know, permission to do that or have it designed, 6 but that was in the discussion with -- with the surveyor, 7 and the property owner wasn't there, but that's to be 8 conveyed. 9 COMMISSIONER LETZ: Is there a note on the 10 plat that no wells can be drilled on these lots? 11 MR. ODOM: Yes. As long as these lots are 12 supplied with a public or community water system, they shall 13 not -- they shall be prohibited from drilling individual 14 water wells. 15 COMMISSIONER LETZ: Okay, thank you. 16 JUDGE TINLEY: Any further question or 17 discussion? All in favor -- I'm sorry. 18 COMMISSIONER LETZ: I have a question. Where 19 is that verbiage you just read to me there? Is it -- 20 MR. ODOM: This is in the general notes, 21 Notes and Restrictions. It is about a third of the way from 22 the -- from the bottom up. 23 COMMISSIONER LETZ: I think that needs to be 24 changed. As you read it, it sunk in, what you said. It 25 says as long as these lots are supplied with a public or 2-14-05 22 1 community water system, they shall be prohibited from 2 drilling individual wells. Well, if they're not supplied, 3 they're still prohibited from drilling individual wells. 4 COMMISSIONER NICHOLSON: Look up about three 5 paragraphs. Each lot will be served with fresh water from 6 this type of -- from the existing fresh water facility. 7 COMMISSIONER LETZ: Right, but I still think 8 that it needs to be changed. I mean, if that -- 9 MR. ODOM: It says, "Authorization to drill, 10 replace, alter, equip, plug, or transfer ownership of a 11 water well, public or private, or any beneficial use must be 12 obtained from the Headwaters Groundwater Conservation 13 District prior to drilling and producing water therefrom." 14 COMMISSIONER LETZ: I'd just hate to be in a 15 situation where Headwaters is put in a bind that they're 16 being grandfathered because we approved lots in this 17 situation. This is not like a -- I mean, it's a community 18 system, but it's not a community system in the normal 19 fashion. And the way that I would read that, that would say 20 that all those -- that if they decide to abandon that 21 community well, they can all drill their individual wells, 22 and that's not the intent. 23 COMMISSIONER NICHOLSON: I think Commissioner 24 Letz' point is good. That should say that it -- that it 25 shall not be permitted in any case. 2-14-05 23 1 COMMISSIONER LETZ: Right. 2 MR. ODOM: If -- then the Court would mean 3 that if this wording is put in, added to this, that the 4 preliminary plat be contingent upon that wording? 5 COMMISSIONER WILLIAMS: Where do you want to 6 make a wording change? 7 COMMISSIONER LETZ: It would be under -- I 8 don't know that adding the "not" where Commissioner Number 4 9 said works. I just think it would need -- in the verbiage 10 here, it needs to state that there -- this is a -- these 11 lots must be served by a community water system. That's -- 12 COMMISSIONER WILLIAMS: It says that. 13 COMMISSIONER LETZ: Well, but it says that if 14 -- as long as they're served by it. 15 COMMISSIONER WILLIAMS: But it -- up in the 16 middle, it says each lot -- 17 COMMISSIONER LETZ: Right. 18 COMMISSIONER WILLIAMS: -- will be served 19 with fresh water from the existing water facility located on 20 Lot Number 1. 21 COMMISSIONER LETZ: But what happens if that 22 well gets plugged? 23 COMMISSIONER WILLIAMS: Then they have to get 24 authorization to do something different from Headwaters. 25 MR. ODOM: From Headwaters. 2-14-05 24 1 COMMISSIONER LETZ: But our rules say that 2 they cannot drill individual wells on there, on these lot 3 sizes. 4 COMMISSIONER WILLIAMS: I thought we just 5 abandoned that. 6 COMMISSIONER LETZ: No. It's a minimum 7 5-acre lot size. 8 COMMISSIONER WILLIAMS: What did we just do 9 two weeks ago? 10 COMMISSIONER LETZ: That's water 11 availability; it has nothing to with this. Our minimum lot 12 size is under 5 acres unless you're under a community water 13 system. I just want to make sure the language in these 14 restrictions are -- reflect our rules that say that these 15 lots shall be furnished -- use a community water system, 16 period. There's no other options as to, "as long as this 17 well," or -- 18 COMMISSIONER WILLIAMS: It says that as long 19 as these lots are supplied with a public or community water 20 system, they shall be prohibited. 21 COMMISSIONER LETZ: Right, "as long." But 22 what if they're not? It says as long as they're served by 23 it. I'm saying they shall be served by it. 24 COMMISSIONER NICHOLSON: And I -- if I owned 25 one of those lots and suddenly it was not supplied by the 2-14-05 25 1 public community system, I would argue that that sentence 2 gives me the right to drill a well, and we don't want that 3 to happen. 4 COMMISSIONER LETZ: I think the verbiage 5 needs to say these lots shall be served by a community water 6 system, period. 7 COMMISSIONER WILLIAMS: I understand your 8 point. But what would happen if these lots were sold under 9 the assumption that the water is provided by the well on Lot 10 Number 1, and it is for a period of time, and they're all 11 sold, dwellings are built, water has been provided, and 12 suddenly that well goes bad or gives up? What then? We 13 have three dwellings without water? 14 COMMISSIONER LETZ: Right, and they need to 15 drill a new community well somewhere on those three lots. 16 What I'm saying is, all the verbiage about the well that's 17 in there, to me, is irrelevant. What it needs to say is 18 that these lots -- one requirement needs to be set that 19 these lots shall be served by a community water system. And 20 that's all it needs to say, without a reference to where the 21 current well is. 22 COMMISSIONER WILLIAMS: Well, then -- then 23 the paragraph -- or the sentence should say each lot will be 24 served with fresh water from the existing -- from the 25 existing fresh water facility located on Lot Number 1, or -- 2-14-05 26 1 MR. ODOM: It says authorization to drill. 2 COMMISSIONER WILLIAMS: -- or another 3 community well located on Lots 1, 2, or 3. 4 COMMISSIONER LETZ: I think you delete that 5 paragraph, the next paragraph, and the "as long as," and 6 replace it all; say, "These lots shall be served by a 7 community water system." I think it's a lot cleaner, and 8 get rid of all the references to the existing well. 9 COMMISSIONER NICHOLSON: And it's not unique. 10 There are other places around the county that have the same 11 situation. 12 COMMISSIONER LETZ: Right. I mean, it's not 13 changing the subdivision. It's just saying that -- 14 COMMISSIONER WILLIAMS: I understand. 15 COMMISSIONER LETZ: Yeah. 16 COMMISSIONER WILLIAMS: So, your proposal 17 would be to delete the paragraph that says, "Each lot will 18 be served..."? 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER WILLIAMS: Next paragraph says, 21 "Authorization to drill..." 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER WILLIAMS: And, "No structure in 24 subdivision shall be occupied until the individual water 25 supply" -- 2-14-05 27 1 COMMISSIONER LETZ: Well, that one can stay. 2 COMMISSIONER WILLIAMS: That one can stay. 3 COMMISSIONER LETZ: The next one can be 4 deleted, though. 5 COMMISSIONER WILLIAMS: Okay. 6 COMMISSIONER LETZ: And it should be replaced 7 with these lots -- or all lots in this subdivision shall be 8 served by a community water system. 9 COMMISSIONER WILLIAMS: That's fine. 10 MR. ODOM: Do I need to bring this back to 11 the Court, or just contingent upon that wording being 12 changed and the preliminary go forward? 13 COMMISSIONER WILLIAMS: Mr. Domingues is 14 here. Make certain he understands. 15 MR. ODOM: Mr. Domingues, do you have a 16 problem with that? 17 MR. DOMINGUES: Oh, yeah. 18 MR. ODOM: You do? 19 MR. DOMINGUES: Charles Domingues. We have 20 no problem with that at all. And all that verbiage is 21 really on there just to show what we're going to do on the 22 final plat. 23 COMMISSIONER LETZ: Sure. 24 COMMISSIONER WILLIAMS: You'll make the 25 changes for the final plat? 2-14-05 28 1 MR. DOMINGUES: The final plat will be 2 contingent upon that new verbiage. 3 COMMISSIONER LETZ: That's good. 4 JUDGE TINLEY: Okay. The motion incorporates 5 those -- 6 COMMISSIONER WILLIAMS: Yes, sir. 7 JUDGE TINLEY: -- that wording? All right, 8 thank you. Any further question or discussion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Thank 14 you. The next item is to consider, discuss, and take 15 appropriate action to rescind Court Order Number 28660, 16 dated May 24, 2004, which required platting of property 17 located in Precinct 2, owned by Rickert and Bettac, and 18 approve a new court order that does not require platting in 19 accordance with Section 1.03.G of the Kerr County 20 Subdivision Rules and Regulations. Commissioner Williams. 21 COMMISSIONER WILLIAMS: This one would be 22 categorized in the "Here we go again" category. We've 23 visited this one on at least three occasions that I'm aware 24 of, and I think it's been visited in other venues as well. 25 Be that as it may, I think what my agenda item backup 2-14-05 29 1 statement says is -- is pretty accurate. The County 2 Attorney and Mr. Odom and I all met with the owners and 3 representatives of the owners, and we determined in that 4 discussion that the prior memorandum which supported the 5 platting process we believe to be incorrect. And a new 6 memorandum -- if you can look at the map, you'll see exactly 7 which one we're talking about. Right in the center in the 8 shaded -- the top part is shaded; the bottom part is 9 unshaded, right in the middle of your little map there. And 10 there's a -- a road that comes off of Highway 27 that goes 11 to that property. So, Mr. County Attorney, would you -- do 12 you want to speak to the issue? Anybody else want to speak 13 to the issue? What we're doing is correcting what we 14 believe to be incorrect. We believe that Paragraph 1.03.G 15 of the current Kerr County Subdivision Rules and Regulations 16 is applicable in this case. 17 COMMISSIONER LETZ: As I -- I'm searching my 18 memory as to the last time we went through this. I thought 19 that was something -- what triggered the platting was 20 something to do with the road. 21 COMMISSIONER WILLIAMS: Well, it was the 22 then-County Attorney's position, if you read his memorandum 23 dated March 30, that the sale of the property -- and that's 24 what this is all about, is the sale of the property from one 25 of the two owners to another owner. It was his position, I 2-14-05 30 1 believe, that that triggered the platting and the road 2 reconstruction process. We revisited it, looked at it very 3 carefully, and concluded that that's not the case. Rex, 4 would you like to speak to this, please? 5 MR. EMERSON: Sure. 6 COMMISSIONER BALDWIN: While he's on his way 7 up, my memory says that I believe it was Mr. Colvin that was 8 in here the last time, and he wanted this ruling so that he 9 could go on to district court. 10 COMMISSIONER WILLIAMS: He's out of the 11 picture totally now. And it -- 12 COMMISSIONER BALDWIN: Yeah, but was anything 13 done in district court? 14 COMMISSIONER WILLIAMS: I don't believe -- 15 well, there's the attorney for the owner. 16 MS. GARDNER: If I can, there was a lawsuit 17 by Mr. Colvin. And -- 18 COMMISSIONER WILLIAMS: Identify yourself, 19 please. 20 MS. GARDNER: Sorry. Kimberly Gardner, and I 21 represent Polly and Curt Rickert, the co-owners of the road 22 that we're talking about. Mr. Colvin sued the Rickerts, and 23 the Bettacs were brought into the lawsuit. He lost the 24 lawsuit. He is in the process of filing a motion for new 25 trial, so it's still -- whatever. But, actually, the sale 2-14-05 31 1 of the property was not what the previous County Attorney 2 said triggered the platting requirement. The previous 3 County Attorney said that because a road was laid out and 4 the 200 -- the total 200 was partitioned into two tracts, 5 that's what triggered the platting. And we argued, but 6 y'all didn't agree at that time, that it was exempt because 7 the owners of the original property still owned the now two 8 pieces of property. But the County Attorney now, which I 9 totally agree with, we discussed it, and he believes it's 10 excepted under the 1.03.G. 11 COMMISSIONER LETZ: So, no roads are involved 12 and have been involved to get to these lots? That road 13 existed as a public road -- 14 MS. GARDNER: It certainly did. It certainly 15 did. 16 COMMISSIONER LETZ: -- all along? That's 17 what I thought the issue that would trigger the platting 18 last time, was something with the road being built. 19 JUDGE TINLEY: I don't think it was a public 20 road. 21 COMMISSIONER LETZ: Well, not public. Could 22 be private. 23 COMMISSIONER WILLIAMS: It's right on a 24 private driveway, if you will, that takes you to both 25 parcels of ground. 2-14-05 32 1 COMMISSIONER LETZ: But the road -- 2 MR. EMERSON: It falls under the exception, 3 if I may expand on that, in my opinion, on two premises, 4 basically. Number one, one-half of the property is still 5 owned by the then-current owner at the time, and number two, 6 the fact that the new owners -- there's no intention to 7 further subdivide that property. Now, it was clearly 8 stated, and I think we have that in the proposed order, that 9 if the new owners do anything at all to change the use of 10 that property or subdivide it in any way, modify it, then 11 they will be subject to grading the road to county 12 standards. 13 COMMISSIONER LETZ: But the -- I mean, the 14 road -- the access to this property is already in existence. 15 It is not being changed in any way. 16 MR. EMERSON: Correct. 17 COMMISSIONER WILLIAMS: That's correct. Let 18 me read into the record what the new court order would say 19 and see if there's any problem with it. "Commissioners 20 Court Order. Commissioners Court Order Number 28660, 21 entered May 24, 2004, in connection with the Bettac/Rickert 22 property located in Precinct 2, and said property further 23 described on the attached Exhibit A, is hereby rescinded, 24 along with the opinion expressed by -- in the County 25 Attorney's memorandum dated March 30, 2004. Further, 2-14-05 33 1 pursuant to Kerr County Subdivision Rules and Regulations 2 1.03.G, the Bettac/Rickert property is not currently subject 3 to any platting requirements. Further, the Bettac/Rickert 4 road tract is in compliance with Kerr County Subdivision 5 Rules and Regulations in connection with roads, and said 6 road tract does not have to be upgraded or modified in any 7 manner. In accordance with the conference between the 8 parties and pursuant to Kerr County Subdivision Rules and 9 Regulations, it is hereto noticed that -- that including, 10 but not limited to, any future property transfers, changes 11 in use or development, the property owner at such time may 12 be subject to upgrading the road to comply with Kerr County 13 Subdivision Rules and Regulations." That would be the basis 14 of the new court order. I move the court order. 15 COMMISSIONER BALDWIN: I have one question 16 before -- I'd be willing to second it if I can get the right 17 answer to my question. Possible litigation doesn't affect 18 this action here today? I'm asking the County Attorney; 19 excuse me just a moment. 20 MS. GARDNER: Oh, okay. 21 MR. EMERSON: I don't think it would. I 22 mean, it's pretty cut-and-dried under the Subdivision Rules 23 that this does fall under an exception. And, just for the 24 Court's information, we did talk to -- or I did talk to 25 David Jackson, who, as this Court knows, is a well-known, 2-14-05 34 1 very experienced real estate/personal property attorney in 2 the county, and he concurs with the opinion. 3 COMMISSIONER WILLIAMS: He represents the 4 other people? 5 MR. EMERSON: He does represent the Bettacs. 6 COMMISSIONER LETZ: I was more supportive 7 until I heard the last thing. 8 COMMISSIONER BALDWIN: Yeah. 9 COMMISSIONER LETZ: That attorney also finds 10 loopholes in our rules. 11 COMMISSIONER BALDWIN: The very one. I 12 second the motion. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item, for the new court order. Any 15 further question or discussion? 16 COMMISSIONER LETZ: Yeah. The question is, 17 why don't we just rescind the former order? I guess I'm 18 uncomfortable with this in that we're -- we're saying that 19 it doesn't -- and what is not said in here specifically is 20 that we're relying on what's being told to us, you know. 21 And I'm not saying this is not all true and correct, but 22 we're kind of saying that we've made a determination as to 23 this, and I'd just rather rescind the former order. And 24 because it's -- you know, there are issues in this, and it's 25 been -- it's obviously been in -- in litigation once, and 2-14-05 35 1 probably going back to litigation again. 2 COMMISSIONER BALDWIN: I'm more comfortable 3 with that. 4 COMMISSIONER LETZ: I'd just rather rescind 5 the former order and say that it's -- you know, we see no 6 reason to require platting. 7 COMMISSIONER WILLIAMS: What if -- I 8 understand where you're coming from, and I think probably 9 this Paragraph 3, that -- that may be troubling. What if we 10 just did Paragraph 1 and 2? Paragraph 1 rescinds. 11 Paragraph 2 states that it is in compliance with 1.03.G. 12 COMMISSIONER LETZ: See, I'd rather do -- 13 that's what I don't like; I don't like making a 14 determination that it's in compliance. I'd just rather 15 say -- you know, I'd just rather rescind the order. If it's 16 not -- if it's not subject to platting, we -- we normally 17 don't take an action to say that it's not. 18 MS. GARDNER: If I may speak again, we'd like 19 to have it -- or the owners of the property would like to 20 have it to make it clear. And we've asked -- I believe if 21 you ask the Commissioners Court for a ruling on whether or 22 not, you know, a piece of property is subject or is not 23 subject to -- you know, we just want it clear so that we 24 don't start all over again. 25 COMMISSIONER WILLIAMS: Well, I think that's 2-14-05 36 1 a point -- that's a valid consideration. This thing has 2 been before the Court now at least three times in the past, 3 and it's been upstairs. Those folks are trying to sell the 4 property and get out of it, and so, you know -- 5 MS. GARDNER: But, you know, that really 6 doesn't have anything -- you know, that's true; they'd like 7 to sell the property. But even though they kept the 8 property, even if the Bettacs and the Rickerts -- or the 9 Rickerts kept the property, they still want to know, or they 10 still want it, you know, to be interpreted that they don't 11 have to upgrade that road as it exists right now; that the 12 sale of the property is not really -- I mean, it's -- 13 it's -- 14 COMMISSIONER WILLIAMS: If it wasn't 15 germane -- 16 MS. GARDNER: -- it's going to happen, but 17 the -- 18 COMMISSIONER WILLIAMS: If it wasn't germane, 19 why are you here? 20 MS. GARDNER: Well, the -- the issue that 21 Colvin posed and the question he had was, as it exists 22 now, -- 23 COMMISSIONER WILLIAMS: Mm-hmm. 24 MS. GARDNER: -- that road should have been 25 upgraded at the time of the sale to my clients and the 2-14-05 37 1 Bettacs. 2 COMMISSIONER LETZ: Commissioner, how about 3 this? How about if we just leave the first sentence of that 4 second paragraph, "Further, and pursuant to Kerr County 5 Subdivision Rules and Regulations 1.03.G, the Bettac/Rickert 6 lot is not currently subject to any platting requirements," 7 period. 8 COMMISSIONER WILLIAMS: That's fine. That's 9 fine with me. Taking out, "Further..." 10 COMMISSIONER LETZ: That takes out the -- and 11 that really -- the second sentence in the paragraph is what 12 I had the most problem with, if it's in compliance. I don't 13 know if it's in compliance or not. I'm just saying there's 14 an exemption for that, and you seem to qualify for it. 15 COMMISSIONER WILLIAMS: What about the third 16 paragraph, which states -- which goes to the future? 17 COMMISSIONER LETZ: That's fine. I don't 18 have a problem with that. It's really the second sentence 19 of the second paragraph that I had an objection with. 20 MS. GARDNER: So, your -- your -- you would 21 like to keep the first sentence of the second paragraph that 22 includes Kerr County Subdivision Rules and Regulations 23 Number 1.03.G? 24 COMMISSIONER LETZ: Yes. 25 MS. GARDNER: Okay. 2-14-05 38 1 COMMISSIONER WILLIAMS: And taking out the 2 second sentence. So, the amended motion would be to approve 3 the court order as read, which, you know, would include 4 Paragraph 1, the first sentence of Paragraph 2, reading, 5 "Further, and pursuant to Kerr County Subdivision Rules and 6 Regulations, Paragraph Number 1.03.G, the Bettac/Rickert 7 property is not currently subject to any platting 8 requirements." And the remainder of that paragraph deleted. 9 And the last paragraph would be incorporated, which deals 10 with the future. Are you cool? 11 COMMISSIONER BALDWIN: Yes, sir. 12 JUDGE TINLEY: Okay. 13 MS. GARDNER: And just so that I'll be clear, 14 you don't want the road language in there because? 15 COMMISSIONER LETZ: I don't like the language 16 about that this tract is in compliance. I mean, other 17 things can happen that would make it out of compliance. I 18 just don't want to say that. You know, I mean, we're saying 19 that it's -- you know, that we rescind the current -- the 20 first order, and basically pursuant to 1.03.G, period. 21 That's, I mean, what we're doing. I get uncomfortable if we 22 start saying that -- us saying that this is in compliance 23 and other issues. I don't know that. 24 MS. GARDNER: Okay. 25 (Discussion off the record.) 2-14-05 39 1 MS. GARDNER: Pardon? 2 MR. EMERSON: The first sentence alone, I 3 think, will take care of the issue that you're trying to 4 address, 'cause if it's not subject to the platting 5 requirements, then it falls outside the Subdivision Rules at 6 this time, and that will eliminate any issues. 7 MS. GARDNER: If that's the understanding, 8 that's okay with me. But that -- 9 COMMISSIONER WILLIAMS: My understanding is 10 if it's not subject to the platting requirements, you're not 11 going to be dealing with the roads. Am I correct, 12 Commissioner? 13 MS. GARDNER: Well, actually, is that your 14 opinion? Since you're the County Attorney. 15 COMMISSIONER LETZ: Yeah. If it's not 16 subject to platting, we have no say on the road. 17 MS. GARDNER: Okay. That's just what we're 18 concerned about. 'Cause we've got a very litigious person 19 involved, and I just want to make it as clear as possible. 20 COMMISSIONER LETZ: I mean, if -- based on -- 21 and I -- I agreed with this the first time around, that it 22 was exempt under 1.03.G. 23 COMMISSIONER WILLIAMS: I recall that, yeah. 24 COMMISSIONER LETZ: And -- you know, and I 25 still think it's exempt under that, but that's all I want to 2-14-05 40 1 say about it, is that it's exempt under that 1.03.G. 2 COMMISSIONER WILLIAMS: That's where we're 3 coming from. 4 MS. GARDNER: Okay, thank you. 5 JUDGE TINLEY: Any further question or 6 discussion on the amended motion? All in favor of that 7 motion, please signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Thank 12 you. 13 COMMISSIONER LETZ: We appear to be rather 14 picky this morning. 15 COMMISSIONER WILLIAMS: Is this the last time 16 this will be in front of us? 17 MS. RICKERT: Well, all I can say is it will 18 be the last time as long as we own the property. I can't 19 comment for any new owners. 20 COMMISSIONER WILLIAMS: That's fair enough. 21 MS. RICKERT: Thank you. 22 JUDGE TINLEY: The next item, consider and 23 discuss notification of road name changes. 24 COMMISSIONER LETZ: Oh. I'm trying to figure 25 out -- 2-14-05 41 1 JUDGE TINLEY: Which one of you guys want to 2 run with this? 3 COMMISSIONER LETZ: I put this on the agenda, 4 and it was -- and we tried to have backup, but we couldn't 5 find the backup. 6 COMMISSIONER WILLIAMS: I wondered about 7 that. 8 COMMISSIONER LETZ: There is a -- a 9 disconnect somewhere in the system right now about everyone 10 getting notified, be it EMS and all the other people that 11 used to get notified by the Clerk's office; that's not being 12 done right now. And I thought it was stopped in late 2003 13 when we put a moratorium on all road name changes. I'm not 14 sure if that was the case. And we tried to find that, and 15 we can't even find that we did a moratorium, so I'm not sure 16 how I got that idea. But somehow we tried to get back into 17 the system that everyone that was originally on the list is 18 notified again, because currently, dispatch is not being -- 19 getting the word on road name changes. And I'm not sure 20 when the last time they were notified, so I'm not sure how 21 far back we need to go to do this. 22 COMMISSIONER BALDWIN: There are a lot of 23 road name changes that they do not have. 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER BALDWIN: A lot. 2-14-05 42 1 COMMISSIONER LETZ: So I don't -- and I know 2 Truby has a list of all of them that we've done, but we 3 don't -- 4 COMMISSIONER BALDWIN: All emergency 5 services. 6 MS. ALFORD: I don't know when it stopped 7 either, so -- 8 COMMISSIONER LETZ: Is there a way that the 9 Clerk's office can determine -- I mean, look -- I think 10 these are done by fax. Isn't that right, Truby? They used 11 to fax these out? 12 COMMISSIONER WILLIAMS: Commissioner, why 13 don't we just examine the process to see what they do now? 14 COMMISSIONER LETZ: It's not being done. 15 COMMISSIONER WILLIAMS: Period? 16 COMMISSIONER LETZ: Correct. 17 COMMISSIONER WILLIAMS: Where is it -- where 18 does it start and where does it -- 19 MS. ALFORD: That's the problem. 20 COMMISSIONER WILLIAMS: Who's dropping the 21 ball? 22 COMMISSIONER LETZ: It used to -- at some 23 point, it was after we did the court order and it was 24 approved by us, then it got faxed out to everyone that 25 needed to know it, basically. And dispatch is the most 2-14-05 43 1 important, but I think it went to other people as well. 2 COMMISSIONER BALDWIN: Yeah, it went to all 3 emergency services. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER BALDWIN: The fire trucks run 6 around with maps and -- and road names on those maps. Well, 7 there are a lot of roads that they're running around trying 8 to put out fires, and ambulances going to that don't have 9 names. So, we need -- what we need to do is, what -- I 10 can't remember -- the 9-1-1 folks said that if we did 11 something, that they would do the sending out with the maps. 12 What was that the other day? 13 COMMISSIONER LETZ: Well, from visiting with 14 Truby, at one point I think it was an issue of who had 15 authority to send this out, and somehow it was -- 16 historically, it was the Clerk's office that was the -- they 17 were the ones that had authority to send on it these road 18 name changes. I don't know why that -- I don't clearly see 19 why the Clerk's office should be involved in that process. 20 Maybe Truby can enlighten me on that; I see her laughing as 21 I'm going through this. But my concern, after talking with 22 9-1-1, is that somehow we get this fixed. We go back in 23 time to figure out the last time this notification was done, 24 and everything since that time be done at one time, either 25 through the Clerk's office or through 9-1-1; doesn't make 2-14-05 44 1 any difference to me. 2 COMMISSIONER WILLIAMS: Where does it 3 originate? Road and Bridge? 4 COMMISSIONER LETZ: It originates at Road and 5 Bridge and we approve it. 6 MS. HARDIN: No, it originates with y'all. 7 It's not a responsibility -- 8 COMMISSIONER WILLIAMS: Why isn't it up to 9 Road and Bridge for dissemination? 10 MS. HARDIN: It is not a responsibility of 11 Road and Bridge Department. It is Commissioners Court, and 12 I just organized it for the -- for the members of the Court 13 because I was there all day and I had contact with the 9-1-1 14 and with the mapping. It stopped -- the notification 15 stopped because the Post Office could not keep up with -- 16 with the volume that was happening. And then we did, like, 17 a 45-day wait on private roads. I think the simplest way to 18 fix it would just be to take the list that I have, and 19 this -- I didn't have time to print them all out; there's 41 20 pages, but these are just a few pages of it, a sample page 21 so you can see what it looks like. Want to pass that down? 22 Give one back to them, too. And it gives the date, the 23 court order number, what precinct it's in, if it's in a 24 subdivision, and a general location. It's 41 pages. 25 There's 438 that have been completed, and if the Court just 2-14-05 45 1 sent this list -- or whoever's going to notify them gave 2 them a list -- this list, then we could start from that 3 point on. 4 COMMISSIONER LETZ: But after we do -- I 5 mean, this -- all the names on this get generated, we pass 6 the court order and change the road name, whether public or 7 private, and then you add it to the list? Or you've added 8 it just to keep track for yourself. But in the future, 9 also, once -- this clears up everything in the past, but we 10 need to get a process for this to, you know, move it forward 11 for any time we make a road name change, that the Post 12 Office and the EMS -- all the EMS services, dispatch, et 13 cetera, all get notified. So, I mean, I guess the question 14 is, who should do that notification? Who should send that 15 out? And I guess it was felt for a long time, since it was 16 a court order that did it, that it should come out of the 17 Clerk's office. 18 MS. ALFORD: Right. 19 COMMISSIONER LETZ: But somehow it got -- 20 that stopped happening. And I don't know if it -- you know, 21 when it stopped. So the question is, is this something the 22 Clerk's office thinks they should do? 23 MS. ALFORD: We can do it. I mean, we have 24 all the fax numbers to the fire departments, and we can send 25 it all out to them. And -- or if Truby would rather do it 2-14-05 46 1 with her list like this or some -- that's -- we can handle 2 it. That's fine. 3 COMMISSIONER LETZ: What's the Court think? 4 9-1-1? Clerk? Or -- 5 COMMISSIONER BALDWIN: Well, 9-1-1 has 6 offered to send it out electronically if we will get them 7 the information. 8 COMMISSIONER LETZ: But not in the future. 9 COMMISSIONER BALDWIN: Yeah. But in the 10 future, that won't work. 11 COMMISSIONER WILLIAMS: It won't work? 12 COMMISSIONER BALDWIN: No. They're not -- 13 they won't continue to do that. 14 COMMISSIONER LETZ: Plus they're not -- to 15 me, it makes sense that it's either the Clerk's office -- 16 because we pass the court order, and they're the ones that 17 are aware of the court order. And it's basically 18 implemented, send out the information in the court order. 19 I'd just as soon let the current listing go to the Clerk, 20 too. 21 COMMISSIONER BALDWIN: That's fine. 22 COMMISSIONER LETZ: If Road and Bridge can 23 get the Clerk's office, you know, a copy that we can send 24 out, they can send that out all at one time, and then all 25 future ones, the Clerk's office will send out. 2-14-05 47 1 MS. HARDIN: We could also -- 2 COMMISSIONER NICHOLSON: Clerk's office is 3 going to send it to each First Responder, each fire 4 department? 5 MS. ALFORD: Each fire department, dispatch, 6 Kerrville dispatch. I have a whole list of -- 7 COMMISSIONER LETZ: They have a list, 'cause 8 they used to do it. 9 COMMISSIONER NICHOLSON: So it goes to 10 everybody? 11 MS. ALFORD: Yeah, each post office; Hunt, 12 Ingram, Center Point. I think even Comfort gets one. 13 Comfort Fire Department does. 14 MS. HARDIN: Any party that was interested in 15 getting it at that time just called the Clerk's office and 16 got added to the list. 17 MS. ALFORD: Correct. 18 COMMISSIONER BALDWIN: I think you send it to 19 dispatch -- 9-1-1 dispatch. Then they get it to the fire 20 department, the Kerrville Police Department -- 21 MS. ALFORD: Yeah. If -- 22 COMMISSIONER BALDWIN: I mean, I think that 23 they do. 24 MS. ALFORD: Okay. 25 COMMISSIONER BALDWIN: And then we have to 2-14-05 48 1 get it to Rusty and each volunteer fire department and each 2 post office, and not much more than that. 3 COMMISSIONER LETZ: Well, I'll make a motion 4 that we -- 5 COMMISSIONER BALDWIN: Crank it up. 6 COMMISSIONER LETZ: -- authorize the County 7 Clerk's office to begin again informing everyone on all road 8 name changes. Road and Bridge will furnish a list -- 9 historical list, and then moving forward, all new name 10 changes, and that the Clerk's office will coordinate with 11 9-1-1 dispatch how that should be done. 12 COMMISSIONER BALDWIN: One of the other 13 things, though, that -- the reason I was trying to involve 14 the 9-1-1 system at this point is that they can provide the 15 map with the road name on it. 16 COMMISSIONER LETZ: Well, I think the -- and 17 the Clerk certainly can visit with 9-1-1 and ask them to 18 disperse one if they have maps. They can deal with it. I 19 mean, I don't -- you know, as long as it's done in the most 20 efficient manner, we'll let the Clerk's office figure out 21 how to do it. 22 MS. ALFORD: Yeah. 23 COMMISSIONER LETZ: And the only reason I 24 made a court order is 'cause last time we tried to find 25 something, we couldn't even find a court order on this 2-14-05 49 1 topic. All right. Did I make a motion? Yes, I did. 2 JUDGE TINLEY: I think you were in the 3 process of making one. 4 COMMISSIONER LETZ: I think I made one. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER BALDWIN: I'm not sure what it 7 was, but I'll second it. 8 JUDGE TINLEY: All right. We have a motion 9 and a second. 10 COMMISSIONER WILLIAMS: Do you remember what 11 it was, Judge? 12 COMMISSIONER LETZ: Want me to restate it? 13 JUDGE TINLEY: Yeah, if you wouldn't mind. 14 COMMISSIONER LETZ: My motion is that we 15 ask -- or request that the County Clerk's office coordinate 16 all road name changes -- or provide all road name changes to 17 the proper EMS and others. That was probably a horrible 18 motion. 19 JUDGE TINLEY: Emergency service providers. 20 COMMISSIONER LETZ: That's it, emergency 21 service providers and others. 22 JUDGE TINLEY: And you seconded that motion, 23 correct, Commissioner Baldwin? 24 COMMISSIONER BALDWIN: Yeah, but don't tell 25 anybody. 2-14-05 50 1 JUDGE TINLEY: All right. Do we have any 2 questions or discussion on that motion? All in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Let's 8 move on to Item Number 12, if we might. Mr. Holekamp? 9 (Discussion off the record.) 10 JUDGE TINLEY: Correction. We need to move 11 on to Item 15, consider, discuss, and take appropriate 12 action to approve Commissioners Court employee evaluation 13 form. Commissioner Williams. 14 COMMISSIONER WILLIAMS: Last time we 15 discussed this, I indicated to the Court I would bring back 16 a form for approval and adoption to be used in employee 17 evaluations by Commissioners Court employee evaluations. 18 This is the form. If there are any suggested changes by 19 members of the Court, now's the time to make them known. 20 Otherwise, I would move adoption. 21 COMMISSIONER BALDWIN: I second the motion. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the employee evaluation form as submitted. Any 24 questions or discussion? 25 COMMISSIONER BALDWIN: I just have a comment, 2-14-05 51 1 Judge. This is very nice to have something like this, but 2 if you don't use it, it's a waste of time. 3 COMMISSIONER WILLIAMS: Exactly. 4 COMMISSIONER BALDWIN: When are we going to 5 evaluate folks? 6 COMMISSIONER WILLIAMS: I believe we 7 indicated that we'd -- now is the time to do it, and be 8 completed by end of June? Isn't that what we said last 9 time? 10 JUDGE TINLEY: That's my recollection, 11 generally. 12 COMMISSIONER WILLIAMS: Now is the time. 13 COMMISSIONER LETZ: And the process that 14 we're going to use -- I mean, obviously, I know we're going 15 to fill out the form, but what's the next step after we fill 16 out the form? Are we going to have everyone come in and 17 meet with us? 18 COMMISSIONER BALDWIN: In front of the whole 19 Court, or individually? I think the whole Court is what we 20 decided. 21 JUDGE TINLEY: Yes. 22 COMMISSIONER WILLIAMS: It is. 23 COMMISSIONER LETZ: So, in -- during the 24 month of June, we're going to do these -- schedule these. 25 COMMISSIONER WILLIAMS: Complete them, and 2-14-05 52 1 then I would suggest that the last -- near the second 2 meeting in June, we go through the evaluations in executive 3 session. 4 COMMISSIONER LETZ: And the -- and we're 5 going to -- and all the employees that report to the Court 6 will get a copy of each -- of all five forms? 7 COMMISSIONER WILLIAMS: Exactly. Every 8 employee who's evaluated gets a copy of it for their 9 personal use, and one will go in their personnel file. 10 COMMISSIONER NICHOLSON: We're speaking only 11 of the employees -- excuse me -- that report directly to 12 Commissioners Court? 13 COMMISSIONER WILLIAMS: Yes. 14 COMMISSIONER NICHOLSON: Handful, seven or 15 eight or something? 16 COMMISSIONER BALDWIN: I don't know. I was 17 going to ask you if we could get a list. 18 COMMISSIONER WILLIAMS: Yeah, we can do that; 19 we can put together a list. But I think, off the top of my 20 head, of course, it starts with Ms. Mitchell, the reporter. 21 It would be Collections. It would be Maintenance. It would 22 be Environmental Health. It would be Information 23 Technology. 24 JUDGE TINLEY: Animal Control. 25 COMMISSIONER WILLIAMS: Pardon? 2-14-05 53 1 JUDGE TINLEY: Animal Control. 2 COMMISSIONER LETZ: Road and Bridge. 3 COMMISSIONER WILLIAMS: Road and Bridge. 4 COMMISSIONER BALDWIN: Juvenile Detention. 5 COMMISSIONER WILLIAMS: Juvenile Detention 6 Center. 7 COMMISSIONER BALDWIN: Bill, don't go to 8 sleep on me. 9 COMMISSIONER WILLIAMS: J.D.F., Juvenile 10 Detention Facility, right. We can reduce that to writing, 11 but essentially that's it, I believe. 12 COMMISSIONER LETZ: Good. 13 JUDGE TINLEY: Any further question or 14 discussion on the motion? All in favor of the motion, 15 signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Item 20 16, discuss, consider, and approval of the Child Welfare 21 Board of Directors. 22 COMMISSIONER BALDWIN: We had -- we had a 23 notification from the State that they would like to have a 24 copy of the Board of Directors, and I don't know if this is 25 an annual issue or not. First time we've seen it in a long 2-14-05 54 1 time around here, and Kathy and I have been working on this 2 Board of Directors. We thought they were going to have a 3 meeting over the weekend to give us a -- a clean slate. Did 4 not get that done, so I am going to pass you a list of 5 members that I'm asking you to adopt today that are proposed 6 Kerr County Child Welfare Board members. I will read them 7 into the record at this time, and there may be additions 8 later on; there could possibly be deletions. This is -- as 9 you all understand, this is a very, very important board. 10 I've been around it for a number of years. It's hard to 11 explain the issues that are involved in this thing, but it 12 can get very, very, very emotional, 'cause you're dealing 13 with hurting kids. And so -- and the thing -- it's been 14 difficult to keep a board together over there for some 15 reason. It's just -- people float in and out. I think our 16 County Attorney served on the board for a while. I was on 17 it for a while, and it's a very difficult thing to keep this 18 thing together. 19 So, I have taken it upon myself to add three 20 new names to it today to get the numbers up, and -- and 21 folks that I know and I trust to get this thing -- get the 22 board off the ground and running again, and functioning like 23 it should. So, I'm going to read the names that I'm 24 presenting to you today: Laura Singletary, Daletta Andreas, 25 Louise Blalack, Alice McDaniel, Debbie Baldwin, Kathy 2-14-05 55 1 Mitchell, Thea Sovil, Lynn Meng, Pam Traver, and Sandra 2 Yarbrough. I move for adoption of that list. 3 COMMISSIONER LETZ: Second. 4 COMMISSIONER WILLIAMS: Question. 5 COMMISSIONER BALDWIN: Yes, sir? 6 JUDGE TINLEY: Motion made and seconded for 7 adoption of the list as the Board of Directors of the Kerr 8 County Child Welfare Board, as submitted by Commissioner 9 Baldwin. 10 COMMISSIONER WILLIAMS: Two questions, 11 actually, Commissioner. Have all of these individuals 12 indicated a willingness to serve? 13 COMMISSIONER BALDWIN: Yes, sir. 14 COMMISSIONER WILLIAMS: And, secondly, do we 15 name a chairman? 16 COMMISSIONER BALDWIN: No, sir. 17 COMMISSIONER WILLIAMS: They make -- 18 COMMISSIONER BALDWIN: They'll do their own, 19 yes. There is a -- a president, vice president, secretary, 20 treasurer, I think is the way it's laid out. 21 JUDGE TINLEY: Which they select from among 22 their own. 23 COMMISSIONER BALDWIN: Yes, sir. 24 COMMISSIONER WILLIAMS: County Attorney had 25 his hand up. 2-14-05 56 1 MR. EMERSON: Just for the Court's 2 information, the way the board was originally approved by 3 the Court, I think it was in 1996, it -- the Child Welfare 4 Board has rotating terms. And so, although you've not seen 5 this list in a while, theoretically, annually, there should 6 be a new list presented to the Court based on the expiration 7 of terms on an annual basis. 8 COMMISSIONER BALDWIN: Correct. 9 COMMISSIONER LETZ: Do we appoint different 10 lengths of terms to get a staggering -- I mean, does -- or 11 do we let them decide how they want to do that initially? 12 COMMISSIONER BALDWIN: They're going to 13 decide that. We're going to appoint the people and let them 14 run their board. But there is an outline for staggering, 15 yes. 16 COMMISSIONER LETZ: So we appoint, like, 17 three each year? 18 COMMISSIONER BALDWIN: Hopefully. That's 19 been the difficult part. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER BALDWIN: Is to get that done. 22 COMMISSIONER LETZ: And the other question I 23 have is, what is the purpose of this board? I mean, I've 24 read through this, but it doesn't really go through -- what 25 are they supposed to do, by statute? 2-14-05 57 1 MR. EMERSON: What they do is coordinate 2 local, state, and federal funds for the care of children 3 that are in protective custody. Typically, what that 4 involves is children under C.P.S. care, although it's not 5 necessarily limited to that. It's clothing, birthday 6 presents, you know, anything that could be deemed beneficial 7 for the child for their emotional or physical well-being. I 8 realize that's a pretty broad definition, but that's -- 9 that's the way it's worded. 10 COMMISSIONER BALDWIN: And the county 11 taxpayers -- for our part, you know, we budget money there, 12 and we help in areas that the State does not. I'll give you 13 an example. If C.P.S. goes into a home tonight and removes 14 a child from that home, I mean, the police go in there and 15 get the kid out of bed and into the car immediately. We 16 will assist in some pajamas, toothbrush, toothpaste, that 17 kind of thing. If a kid graduates from high school, we'll 18 help them with a cap and gown. Christmas gift, you know, 19 those kinds of things is what our taxpayers participate in. 20 It's one of those things that, where C.P.S. stops, we kind 21 of pick up a little bit. 22 COMMISSIONER LETZ: So this is the board 23 that, several years back, we used to get a report that we 24 bought birthday presents -- 25 COMMISSIONER BALDWIN: Correct. 2-14-05 58 1 COMMISSIONER LETZ: -- and things of that 2 nature? 3 COMMISSIONER BALDWIN: That's exactly the 4 one. And they have failed to come in, and that's -- and 5 that is what we're correcting today. 6 COMMISSIONER LETZ: Okay, great. 7 COMMISSIONER WILLIAMS: Do we have money 8 currently budgeted for this? 9 COMMISSIONER BALDWIN: Yes, sir, mm-hmm. 10 I'll give you an example of what kind of people -- or young 11 people we're talking about. I was a Santa Claus one time 12 for their annual Christmas party, and there was a young lady 13 that came to old Santa for her Christmas gift; she was 13 14 years old, and has never -- because of abuse when she was a 15 baby, had never spoken a word. Not one. That's the kind of 16 people we're dealing with here. So, in my mind, that's what 17 -- that's what government is about, is helping people, that 18 kind of people. 19 COMMISSIONER LETZ: I agree. 20 JUDGE TINLEY: Any further question or 21 discussion on the motion before the Court? All in favor of 22 the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 2-14-05 59 1 JUDGE TINLEY: That motion does carry. 2 COMMISSIONER BALDWIN: Thank you. 3 JUDGE TINLEY: I will now recess the 4 Commissioners Court meeting and open a public hearing for 5 the alternate plat process for Grotto Springs Ranch, Lot 5, 6 in Precinct 3, which was scheduled for 10 a.m. on this date. 7 It's a few minutes past that now. 8 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing 9 was held in open court, as follows:) 10 P U B L I C H E A R I N G 11 JUDGE TINLEY: Is there any member of the 12 public that wishes to be heard with respect to the alternate 13 plat process for Grotto Springs Ranch, Lot 5, located in 14 Precinct 3 of Kerr County? Any member of the public wish to 15 be heard on that matter? Seeing no one indicating a desire 16 to be heard, I will close the public hearing for the 17 alternate plat process for Grotto Springs Ranch, Lot 5, 18 located in Precinct 3 of Kerr County. 19 (The public hearing was concluded at 10:02 a.m., and the regular Commissioners Court 20 meeting was reopened.) 21 - - - - - - - - - - 22 JUDGE TINLEY: And I will move to Item Number 23 11, consider the approval of the alternate plat process for 24 Grotto Springs Ranch located in -- I think I announced I 25 reconvened the Commissioners Court meeting. If not, that's 2-14-05 60 1 what I've done. And we'll move to Item 11 and consider the 2 approval of alternate plat process for Grotto Springs Ranch 3 located in Precinct 3 of Kerr County, particularly Lot 5. 4 MR. ODOM: I've reviewed the final in the 5 alternate platting. I see no problems; all the items have 6 been met for alternate platting. And also, I looked at the 7 restrictive covenants that were in there. That meets those 8 covenants. Can be no less than 25 acres. So, I move that 9 the Court accept this alternate plat. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the alternate plat process, Grotto Springs 14 Ranch, Lot 5, located in Precinct 3. Any question or 15 discussion on the motion? 16 COMMISSIONER BALDWIN: I have a question. 17 Mr. Voelkel? 18 MR. VOELKEL: Yes, sir? 19 COMMISSIONER BALDWIN: How far is that 20 subdivision from Highway 16? Going -- going through Whiskey 21 Canyon? 22 MR. VOELKEL: Two and a half miles, something 23 like that. 24 COMMISSIONER BALDWIN: Is it -- and you can 25 access it as well from the Comfort side, through the old -- 2-14-05 61 1 COMMISSIONER LETZ: You could if you could 2 get permission to come across Mr. Holzer's property. 3 COMMISSIONER BALDWIN: Whose property? 4 COMMISSIONER LETZ: Mr. Holzer. But he won't 5 give you permission, so you can't. 6 COMMISSIONER BALDWIN: I was just wondering 7 if that was that same road. 8 MR. VOELKEL: Yes, sir, it is. 9 COMMISSIONER WILLIAMS: This is not -- the 10 entrance off 16, Commissioner, is not the one that takes you 11 into Whiskey Canyon? 12 COMMISSIONER LETZ: Yeah, it is. 13 COMMISSIONER WILLIAMS: The gated community? 14 COMMISSIONER LETZ: Right. That's how you 15 get to this subdivision. 16 COMMISSIONER WILLIAMS: Okay. 17 COMMISSIONER BALDWIN: It's a trick. 18 COMMISSIONER WILLIAMS: I guess it is. If 19 you don't know the combination, it really is a trick. 20 COMMISSIONER LETZ: Basically, they're 21 dividing the lot -- one of the lots in the back part of the 22 subdivision that they're not part of Whiskey Canyon 23 property. 24 COMMISSIONER WILLIAMS: Okay. 25 JUDGE TINLEY: Any further question or 2-14-05 62 1 discussion on the motion? All in favor of the motion, 2 signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. I'll 7 now move to a timed item that was set for 10:05 this 8 morning. It's a couple of minutes past that now. That's 9 the opening bids for information technology services. The 10 first bid that I have is presented by Gazelle PC 11 Corporation. I'm not sure I'm in a position to give the 12 apples-to-apples specifics. 13 (Discussion off the record.) 14 JUDGE TINLEY: The next one is from MIS-QS, 15 LLC. Looks like there are -- appear to be at least four 16 alternative proposals, or it may be that there are just four 17 copies of it. I think that may be the case, yeah. 18 COMMISSIONER NICHOLSON: What's the address 19 on that proposal? 20 JUDGE TINLEY: This one is located on 218 21 Quinlan Street. Gazelle is located at 733 Hill Country 22 Drive. The -- here's another one from Gazelle PC 23 Corporation. I'm not sure if this is an alternative 24 proposal or the same proposal as previously submitted. 25 COMMISSIONER LETZ: Judge, I make a motion 2-14-05 63 1 that we accept all proposals and refer them to Mr. Trolinger 2 for review and recommendation back to the Court. 3 COMMISSIONER NICHOLSON: Second. 4 COMMISSIONER WILLIAMS: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 acceptance of the proposals and submission to Mr. Trolinger 7 of our I.T. department for review and recommendation. Any 8 further question or discussion? 9 COMMISSIONER BALDWIN: Question. Have -- 10 we've already set a date for him to come back and give us a 11 review and suggestions and recommendations, have we not? 12 COMMISSIONER WILLIAMS: I thought -- yeah, I 13 thought it -- 14 COMMISSIONER LETZ: Second meeting of this 15 month, I believe. 16 COMMISSIONER BALDWIN: Second meeting of this 17 month, so that's when he will come with this information? 18 COMMISSIONER LETZ: Yes. 19 COMMISSIONER BALDWIN: Okay, that's all. 20 JUDGE TINLEY: Any further question or 21 discussion on the motion? All in favor of the motion, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 2-14-05 64 1 JUDGE TINLEY: That motion does carry. We'll 2 now move to Item Number 12, consider and discuss renewal of 3 lease for the West Kerr County Annex and increase in rental 4 for that facility. Mr. Holekamp? 5 MR. HOLEKAMP: I apologize ahead of time. I 6 may start coughing and may have to leave, but I'll try to 7 get through this here. On -- back in '99, we started 8 leasing the property from a Mr. Priour for the Ingram annex, 9 and it was renewed one time in 2001 with a $50-a-month 10 increase, from $400 originally in '99 to $450. The lease 11 was up also in 2002 -- 2003, and it was on the agenda, and 12 it was to be negotiated by Commissioner Precinct 4 at that 13 time, and nothing came back into the Court for approval of a 14 contract. It -- but the man has got $50 more a month for 15 his rent. So, what I'm asking -- I'm not -- I'm not saying 16 that $500 isn't fair. I'm just saying that we have a lease 17 that needs to be updated, and I would really like either the 18 Court or myself to get with the County Attorney and try to 19 get a document that we can get sent to this man so we can -- 20 see, we have some roofing issues, and the roof is the owner 21 of the property's responsibility. And without a lease, I -- 22 I really feel uncomfortable with trying to -- to get him to 23 change -- I mean fix the roof, because we don't have a 24 contract. 25 COMMISSIONER BALDWIN: I agree. 2-14-05 65 1 MR. HOLEKAMP: So I would really like to get 2 that one cleaned up, and that's where I'm at right now, is 3 trying to see if we could -- y'all could authorize the 4 County Attorney to work with me on trying to get a lease 5 written up and -- 6 COMMISSIONER LETZ: There's no lease at all 7 right now? 8 MR. HOLEKAMP: No, sir. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER WILLIAMS: What is the current 11 rental right now? 12 COMMISSIONER BALDWIN: $450. 13 MR. HOLEKAMP: $500 -- well, it's supposed to 14 be $450 per what it says in here, the last court order back 15 in 2002. But when we go back to 2003 -- October of 2003, we 16 started paying him $500 a month. 17 COMMISSIONER WILLIAMS: And there was no 18 court order with that? 19 MR. HOLEKAMP: No, sir. 20 COMMISSIONER WILLIAMS: Dealt with at budget 21 time, perhaps? 22 MS. NEMEC: It was approved in the budget 23 process. 24 MR. HOLEKAMP: Yes, that's what happened. It 25 was approved during the budget, but there was no court 2-14-05 66 1 order, so he's under the assumption he doesn't have a valid 2 lease. 3 COMMISSIONER BALDWIN: He's probably correct. 4 COMMISSIONER NICHOLSON: I move that we 5 authorize Mr. Holekamp and the County Attorney to negotiate 6 for a new lease for that facility, and to bring that back to 7 the Court for approval. 8 COMMISSIONER BALDWIN: Is it going to be $500 9 a month in the lease? 10 COMMISSIONER NICHOLSON: I want to hear from 11 them. I've got some more comments on it, too. 12 COMMISSIONER WILLIAMS: I'll second it, just 13 to get the comments heard. 14 JUDGE TINLEY: Motion made and seconded to 15 authorize the Facility Director and County Attorney to make 16 efforts to negotiate a lease on that facility, and to bring 17 the same back to the Court for final approval. 18 COMMISSIONER NICHOLSON: Aside from the term 19 and the length of the lease and the -- and the amount, I 20 think that we need to give some thought to the suitability 21 of the facility for our use. I know that -- that the 22 occupants have talked to me, and I think they've also talked 23 to the County Judge about not only the problems they're 24 having with the roof leaking, but grade-level water problems 25 coming into the facility. It's a very good location for 2-14-05 67 1 Precinct 4. It's right there at the "Y" of 39 and 27 in 2 Ingram. It's pretty centrally located and handy to 3 everybody in the precinct, so from that standpoint, it's a 4 very desirable location. I think we need to -- and you know 5 that too, Mr. Holekamp. 6 MR. HOLEKAMP: Yes, sir. 7 COMMISSIONER NICHOLSON: I'm not telling you 8 anything new. We need to look into the condition of the 9 building. 10 COMMISSIONER LETZ: Ms. Rector's in the room. 11 Ms. Rector, do you have any comment on the facility? I 12 mean, is it -- would you recommend, I guess, doing this? Or 13 is there a better facility? 14 MS. RECTOR: I agree with Commissioner 15 Nicholson. The roof is -- it's like Niagara Falls when it 16 rains. We have to literally wade through inches of water in 17 the back of that building. There's a lot of records back 18 there that are being ruined. I think that problem with the 19 roof has been addressed with Mr. Priour before. They were 20 going to put some type of a temporary or a freestanding roof 21 over the top of it. That did not happen. Now, it is a good 22 location. Very good location, but I think the building is 23 in terrible shape. 24 COMMISSIONER LETZ: Are there not -- it's in 25 Commissioner 4's precinct. Aren't there other locations in 2-14-05 68 1 -- I mean, pretty close to that in Ingram? 2 COMMISSIONER NICHOLSON: I would see that 3 within the scope of their work; that if the building is not 4 suitable, that they come back with a proposal for something 5 else. 6 COMMISSIONER LETZ: Okay. 7 MS. RECTOR: One more comment. My side of 8 the office, we're kind of outgrowing that. It's very small. 9 We're -- the traffic that comes through there, the customers 10 are having to wait outside because that little waiting area 11 is so small. So I think, in the future, we might want to 12 start looking at something a little bit larger to 13 accommodate both offices. 14 COMMISSIONER LETZ: I would just -- you know, 15 I have no problem with the motion as it's really worded, but 16 I would really recommend that the -- the maintenance, 17 Paula's office, and J.P. 4 first get together and figure out 18 what they need short-term and long-term before they bring 19 the County Attorney in to negotiate a lease. I think make 20 sure this is the right facility for us, and then also get a 21 good idea what the exact needs are of that building and the 22 problems with it, and then proceed. 23 COMMISSIONER NICHOLSON: Let's change that 24 motion to a motion that authorizes Mr. Holekamp to study the 25 needs of the West Kerr County Annex and come back to 2-14-05 69 1 Commissioners Court for -- with a proposal. 2 COMMISSIONER WILLIAMS: I'd second it. 3 JUDGE TINLEY: We have a motion and a second. 4 Any further question or discussion on the motion? All in 5 favor of the motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. 10 COMMISSIONER NICHOLSON: If I can help you 11 with that, Mr. Holekamp, let me know. 12 MR. HOLEKAMP: I'll be calling. Yeah, I've 13 already done some of the legwork on that, but not in-depth 14 enough to discuss it here at this time. 15 JUDGE TINLEY: Let's move to Item 13, if we 16 might, consider and discuss renewal of commercial lease for 17 216th Adult Probation offices located at 431 Quinlan Street. 18 MR. HOLEKAMP: As y'all are all aware, that 19 is a -- that's the Ziegler building. It's, I guess, the 20 north portion of the Ziegler building. Here's another one 21 that we -- we have -- it's a good commercial lease that we 22 have on it, but it's expired a couple of three years. It 23 needs to be redone, and I'm -- I'm asking for the Court to 24 -- we had a contract that was signed by the County Judge -- 25 excuse me -- two years ago, and I found it in some 2-14-05 70 1 paperwork. It was -- never got to the owner of the 2 property, which is in San Antonio, and so the dates need to 3 be changed. It's a -- it's -- I believe it's just a 4 standard commercial lease, that which you normally do. It's 5 one of those approved ones, and I'd like the County Attorney 6 to also look at it, but I would -- I would really try to 7 stay at that location if we possibly can. We've spent quite 8 a bit of money through probationers, community service, in 9 remodeling the interior of that, which we get credit for, 10 basically. And we finally got most of the kinks worked out 11 of the building, so I'd like not to move if we could help 12 it. We just need to get a current lease signed. 13 COMMISSIONER LETZ: Appreciate you bringing 14 this to us. I certainly have no problem with your 15 recommendation, but I think this is beyond -- or should be 16 beyond your scope as Maintenance Director, to -- 17 MR. HOLEKAMP: It is. 18 COMMISSIONER LETZ: I really think I'd like 19 to refer this to Adult Probation and have them coordinate 20 the lease coming back to us, and work with the County 21 Attorney to get a form. I mean, I just don't think it's 22 a -- a maintenance issue. 23 MR. HOLEKAMP: Well, facilities use, maybe. 24 I don't know. This -- this was brought to me, and I -- 25 every time we have had an issue with the roof or something, 2-14-05 71 1 I feel -- or air conditioning, that is their responsibility. 2 And I -- I started thinking, what if they tell me no? 3 COMMISSIONER LETZ: Right. 4 MR. HOLEKAMP: And I really don't want to get 5 us into that position. 6 COMMISSIONER LETZ: I just -- what I'm saying 7 is, I don't think lease negotiations should be something you 8 need to be burdened with. You have enough to do. 9 MR. HOLEKAMP: Okay. Well, whatever. I 10 mean, I'm willing to do it so we can get some things done. 11 COMMISSIONER LETZ: Okay, that's fine. 12 JUDGE TINLEY: Mr. Tomlinson, you had some 13 question or issue? 14 MR. TOMLINSON: Well, I just want to remind 15 the Court that -- that the County has to furnish a building 16 for Adult Probation, so I think it's the County's lease. 17 It's -- the money from the Probation Department can't pay 18 for a lease, so I think it's the County's responsibility 19 to -- to negotiate the lease. 20 JUDGE TINLEY: Well, I think Commissioner 21 Letz' comment was that he didn't feel like the actual 22 negotiation for the lease space was something that -- that 23 the Facilities and Maintenance people ought to be getting 24 involved in; it ought to be more the Probation people, and I 25 agree with him. 2-14-05 72 1 MR. TOMLINSON: Well, it could be, but 2 they're negotiating with our money. 3 JUDGE TINLEY: I understand. 4 COMMISSIONER LETZ: But that's -- 5 JUDGE TINLEY: Ultimately, this Court has to 6 approve it. 7 MR. TOMLINSON: Right. 8 COMMISSIONER LETZ: I think that my feeling 9 is that Adult Probation should, you know, work with the 10 County Attorney -- or it should come to us on terms and work 11 -- you know, negotiate the lease through the County 12 Attorney's office. That's -- I mean, it's -- that's all I'm 13 saying. I'm glad -- if Glenn wants to help them, I have no 14 -- I have no problem with that, but I don't think it's a 15 maintenance responsibility. 16 MR. HOLEKAMP: Well, I'm the one that 17 normally has to call them when there is a problem, and I'm 18 the one they always ask, "Well, do we have a current lease?" 19 And so I feel real uncomfortable with that position right 20 now that we're in, and I'd like to get it corrected. 21 COMMISSIONER WILLIAMS: You also work with 22 them on leasehold improvements, do you not? 23 MR. HOLEKAMP: Yes, sir. 24 JUDGE TINLEY: I think the suggestion, 25 Mr. Holekamp, is that you pull in the Probation people and 2-14-05 73 1 get them a little bit more actively involved -- 2 MR. HOLEKAMP: Oh, yeah. Yeah. 3 JUDGE TINLEY: -- in this whole process. 4 MR. HOLEKAMP: Be glad to. Be glad to. 5 JUDGE TINLEY: There's no motion. 6 COMMISSIONER LETZ: I'll move we ask Glenn 7 Holekamp to get with Adult Probation and work on renewal of 8 the commercial lease for their offices, and bring back a 9 recommendation to this Court. 10 COMMISSIONER WILLIAMS: With the County 11 Attorney? 12 COMMISSIONER LETZ: Well, I think the terms 13 come back to us and then -- I mean, it's okay either way, 14 and with the -- and approve the terms of the lease with the 15 County Attorney if there's a change in terms. 16 COMMISSIONER WILLIAMS: Second. 17 JUDGE TINLEY: Motion made and seconded. Any 18 question or discussion on the motion? All in favor of that 19 motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Item 14, status -- 24 COMMISSIONER LETZ: Before we leave that one, 25 this loss of lease situation has been corrected by our new 2-14-05 74 1 filing system, correct? I'm asking our administrative 2 assistant. It seems that we have a problem with these 3 leases. 4 MS. MITCHELL: It does in our office. I 5 don't know about anybody else's. I keep a copy of the -- of 6 it. I give the originals to the Clerk's office. 7 COMMISSIONER LETZ: So, I mean, in your new 8 record system, we will know when all our leases are -- 9 MS. MITCHELL: That's right. 10 COMMISSIONER LETZ: -- expiring? 11 MS. MITCHELL: That's right. 12 COMMISSIONER LETZ: So we can make sure 13 they're all current. 14 MS. MITCHELL: Yes. 15 COMMISSIONER LETZ: Okay, thank you. 16 JUDGE TINLEY: Let's see if we can take care 17 of Item 14. Status of the new roof on the Hill Country 18 Youth Exhibit Center. Do you want to -- 19 MR. HOLEKAMP: Did everybody get a copy of 20 the drawing that we did? I think Commissioner Letz had a 21 question on that, and I believe this answers it as best as 22 I can. This -- the angle will be behind the -- the facade 23 front, and it blends into the existing roof at the heighth 24 that it -- it goes -- transitions. And there's drainage 25 addressed on the top side and the bottom side. 2-14-05 75 1 COMMISSIONER WILLIAMS: What do you mean, top 2 side and bottom side? 3 MR. HOLEKAMP: On here, right here, there's a 4 drain where it comes off of this roof to here. There's a 5 drain that takes this to the alley, wash rack area where 6 those big drains are. There's also drainage down here, 7 which will be about a third of what was coming off the roof 8 before, because this was a 4-inch drain that was catching 9 all of this water, so everything was being dumped on the old 10 flat roof, which created a lot of our problems. So -- 11 COMMISSIONER LETZ: So, what are we going to 12 have -- when you come off of the arena, we're basically 13 putting a gutter where the new roof starts? 14 MR. HOLEKAMP: Yes, sir. 15 COMMISSIONER LETZ: That gutter will take all 16 that water off the arena -- 17 MR. HOLEKAMP: Yes, sir. 18 COMMISSIONER LETZ: -- and drop it in the 19 wash bin area? 20 MR. HOLEKAMP: That is correct, to the big 21 drains that go across the road to Riverside. 22 COMMISSIONER LETZ: Riverside. 23 COMMISSIONER WILLIAMS: What happens to the 24 flow on -- on what would be the western side of the exhibit 25 building? 2-14-05 76 1 MR. HOLEKAMP: There are roof drains that 2 take it from where it currently was to the existing hog 3 barn, to the edge there. It'll take it down to the -- below 4 the exhibit center. 5 JUDGE TINLEY: And you say the volume of 6 drainage is calculated to be approximately a third of what 7 was coming off the west side previously? 8 MR. HOLEKAMP: That is correct, because of 9 the way it was designed originally to just take the water 10 off of the new roof of the exhibit -- the hog -- the indoor 11 arena, and just put it on that flat roof. 12 COMMISSIONER LETZ: Glenn? 13 MR. HOLEKAMP: Yes, sir? 14 COMMISSIONER LETZ: Okay. This area right 15 here, right now is the -- what I call the shed area, 16 correct? So, the -- my question is, right now, that facade 17 that's in front of the exhibit hall doesn't extend all this 18 far over, correct? 19 MR. HOLEKAMP: No, sir, it will be raised up. 20 No, it -- it goes all the way. It goes all the way, but it 21 just is not that high on that one end, on the middle. 22 COMMISSIONER LETZ: So -- but is that facade 23 going to -- the whole facade going to be raised, that metal 24 -- dark bronze metal color? 25 MR. HOLEKAMP: Yes. 2-14-05 77 1 COMMISSIONER WILLIAMS: All the way across is 2 going to be raised? 3 MR. HOLEKAMP: Yes, uh-huh. 4 COMMISSIONER WILLIAMS: So it will be -- 5 MR. HOLEKAMP: So it will look straight. 6 COMMISSIONER WILLIAMS: Straight all the way 7 across? 8 MR. HOLEKAMP: Uh-huh. 9 COMMISSIONER LETZ: And it'll -- okay. Do 10 you know what the timetable is? 11 MR. HOLEKAMP: Best I could get this morning 12 is -- you know, the weather hasn't been the most cooperative 13 for us, but the air conditioning people, I'm -- I'm guessing 14 they're probably 75 percent done. And the roofing people 15 have really got -- just now getting a good start. But once 16 they get going, it shouldn't take very long. He is -- he is 17 pushing. The reason we had to slow down, we had a couple 18 events in the building that we had to kind of stop for and 19 work around. We did get lucky on the rain on -- on one of 20 them. And -- but a timetable, I would -- weather is such an 21 integral part, because the guys will not go on the roof with 22 welders if it's raining. 23 COMMISSIONER NICHOLSON: Did we budget money 24 for the facade? 25 MR. HOLEKAMP: Yes, sir, that's part of the 2-14-05 78 1 roofing. 2 COMMISSIONER NICHOLSON: Oh. 3 COMMISSIONER WILLIAMS: Where will the air 4 conditioner units be located? 5 MR. HOLEKAMP: They're in the ceiling, 6 basically. The condensing units are going to be on the hog 7 barn roof, and the units themselves are in the ceiling. 8 COMMISSIONER WILLIAMS: The air handlers are 9 in the ceiling? 10 MR. HOLEKAMP: Yes, sir. 11 COMMISSIONER LETZ: What's the -- and my last 12 question; I know you -- sounds like you need to go home and 13 go to bed. 14 MR. HOLEKAMP: No, I'm all right. I'm okay. 15 Yes, sir? 16 COMMISSIONER LETZ: What's the warranty on 17 the roof? Or is there a warranty on the roof? 18 MR. HOLEKAMP: I don't have that in front of 19 me, I don't think. 20 COMMISSIONER LETZ: Most new roofs have a -- 21 MR. HOLEKAMP: There should be something on 22 that document there. 23 COMMISSIONER WILLIAMS: It's standing seam, 24 right? Metal? 25 JUDGE TINLEY: Metal, I think, is 20 or 25 2-14-05 79 1 year on materials. 2 MR. HOLEKAMP: 20 or 25. 3 COMMISSIONER LETZ: 20, 25 years. I was just 4 curious. 5 (Discussion off the record.) 6 MR. HOLEKAMP: I'll have to look that up. 7 COMMISSIONER LETZ: That's fine. 8 MR. HOLEKAMP: We had a couple issues. We 9 had to do some patching on it temporarily, 'cause there was 10 some penetrations that people almost fell through, and that 11 roof there was in pretty bad shape. So, needless to say, 12 it's long overdue that we get something done on that. 13 JUDGE TINLEY: Thank you, Mr. Holekamp. 14 MR. HOLEKAMP: I'll get that information for 15 you on that, but it should be on that engineering thing. 16 COMMISSIONER LETZ: Okay. That sheet I have? 17 MR. HOLEKAMP: You still have that? 18 COMMISSIONER LETZ: Yeah, I still have it; 19 it's on my desk. Hope you feel better. 20 MR. HOLEKAMP: Oh, yeah. I do too. 21 JUDGE TINLEY: Thank you, Mr. Holekamp. 22 We'll stand in recess for 15 minutes. 23 (Recess taken from 10:29 a.m. to 10:44 a.m.) 24 - - - - - - - - - - 25 JUDGE TINLEY: Okay, we'll reconvene the 2-14-05 80 1 Commissioners Court meeting scheduled for this date. Let's 2 move to Item 17, consider, discuss, and take appropriate 3 action to authorize advertising for bids to clean out debris 4 and trash deposited in Flat Rock Lake, take down dead trees 5 that present a hazard, and remove submerged stumps and et 6 cetera. 7 COMMISSIONER WILLIAMS: Et cetera. 8 JUDGE TINLEY: Yeah. 9 COMMISSIONER WILLIAMS: About a year ago, 10 Judge, you remember you and I took a ride on Flat Rock Lake 11 at the invitation of Mike Bell. We viewed firsthand the -- 12 the hazards in the water and the hazards above the water, 13 not the least of which are two big pipes that belong to Kerr 14 County sitting out there in the middle of the lake. We 15 talked about it at budget, and we budgeted money for the 16 purpose of cleaning up Flat Rock Lake to the extent 17 possible. This agenda item would authorize the advertising 18 for bids to do that work. I've spoken with the County 19 Attorney and I've provided him with a lot of information so 20 that we could properly structure an advertisement that would 21 accomplish that job, and so it's time to get on with it. 22 Can't -- can't do a lot of the stuff when the water's pretty 23 cold, but it's getting close to that time when the water's 24 going to start warming up, so I'm asking the Court for 25 approval to authorize advertising for bids to clean out the 2-14-05 81 1 lake. And that's a motion. 2 COMMISSIONER NICHOLSON: I second it. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item. Any question or discussion? 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER BALDWIN: Yes. 7 COMMISSIONER NICHOLSON: Yes. 8 COMMISSIONER LETZ: One can go first. 9 COMMISSIONER BALDWIN: Do you have -- of 10 course, we have intentions of draining the lake? 11 COMMISSIONER WILLIAMS: No. 12 COMMISSIONER BALDWIN: You're not -- okay. 13 All right, that's all. 14 COMMISSIONER WILLIAMS: No, sir, not draining 15 it. I don't know who's going to win the bid, but the -- the 16 bid is structured so that the work takes place from the 17 water, not from the shore. And so whoever is awarded the 18 bid would have to be able to work from the water, take care 19 of the submerged stuff, take care of the overhanging stuff. 20 It does not require draining the lake. 21 COMMISSIONER BALDWIN: So you're not talking 22 about loading up all the trash into a dump truck and hauling 23 it somewhere else? 24 COMMISSIONER WILLIAMS: We are talking about 25 loading that -- the stumps and limbs and all that kind of 2-14-05 82 1 stuff will be loaded in and brought to shore so it can dry 2 out later and be chipped up or burned, whichever. 3 COMMISSIONER BALDWIN: I can't wait till the 4 bids come in. It's going to be interesting. 5 COMMISSIONER LETZ: My question is, I'm 6 unclear as to what the scope of the project is specifically. 7 I mean -- and I don't see how we can go out for bids based 8 on what's here. And, I mean, I don't know how much we 9 budgeted. $50,000? 10 COMMISSIONER WILLIAMS: 58, I think. 11 COMMISSIONER LETZ: $58,000. But I guess my 12 question is to -- well, one is to, what is the scope 13 exactly? I mean, I know we need to get rid of two pipes, 14 and I know we're going to get rid of some stumps and some 15 other debris that -- but that's kind of broad on as large a 16 lake as that is. That's the first part of my question. And 17 the second part, after we put this in our budget and 18 discussed it last time, I had calls from several U.G.R.A. 19 Board members about concerns as to exactly what the scope of 20 the project was as well, and I would ask that you visit with 21 U.G.R.A. just -- and get input from them as to how we 22 proceed and what the scope should be. They were concerned 23 about us going into -- even though they don't have direct 24 authority over that lake, as stewards of the Guadalupe River 25 throughout the county, they did have concerns about what our 2-14-05 83 1 project would entail. 2 COMMISSIONER WILLIAMS: I did, in fact, talk 3 with Mr. Etter early on in the process, because we asked 4 Mr. Etter if he would consider asking his board to 5 participate in this project, and his response back at the 6 time was, we might participate a little bit in cleaning up, 7 because we are about cleaning up the water, but we don't 8 think that's really our mission. Now, maybe something's 9 gotten lost between the time he said what he said and other 10 board members contacting you; I don't know. Our scope is 11 merely to take out the safety hazards that are under -- are 12 submerged and the safety hazards that are above. I asked 13 the County Attorney to review the material I had. Rex, can 14 you assist me in how we talk about the scope of the work 15 with respect to the advertisement? 16 MR. EMERSON: Well, my understanding is that 17 the idea was to -- I mean, it's probably worded "stumps" and 18 so forth, but the idea was to take everything and cut it 19 down below an average boat level. Not necessarily rip all 20 the stumps out of the bottom of the river, but it was take 21 the ones that were at water level or maybe a foot below and 22 cut them down to 3 or 4 feet below the water level on the 23 average mean line. The proposal is written for removal from 24 the water so that we do not have to pay anybody for 25 right-of-ways or easements or anything like that to move 2-14-05 84 1 along the edge of the river. We're not worried about 2 destroying private property along the edge of the river. 3 Everything can be done from the water and removed to the 4 County's property along the river for disposal by County 5 personnel. 6 COMMISSIONER WILLIAMS: We would also 7 identify fish habitats so as not to disturb spawning 8 locations and so forth. We had talked to Mike Bell about 9 that, who is -- I guess is the preeminent fisherman of that 10 lake, and we would identify that so as not to disturb fish 11 habitats. 12 COMMISSIONER LETZ: I guess my question comes 13 in -- and I think this is part of what I can't remember. I 14 think it was -- well, two board members; it was quite a 15 while ago when I talked to them about it, was that the 16 stumps are dangerous, but if we start cutting them all down, 17 are we encouraging more high=speed boat traffic on that 18 lake? And that's, I guess, you know, one of my questions, 19 is that -- that we don't have any rules to prohibit much 20 traffic, or much on that lake right now, as I recall. So if 21 we go down and cut all the stumps to 3 foot, is that going 22 the encourage jet skis, a lot more recreational use of that 23 lake? And what happens if we miss a stump? I mean, and 24 we've gone out and said that we, you know, are out here; all 25 the stumps have now been cut off. And I don't know how you 2-14-05 85 1 find all the stumps. So, I guess I'm just concerned -- I 2 mean, cleaning up the lake I'm totally in favor of. Getting 3 this big -- those big pipes out and some other big trees and 4 things like that that have washed up, and general cleanup, I 5 think we should do. But when you start cutting stumps and 6 trying to do that, I'm just -- I'm worried about -- well, 7 those two things. 8 COMMISSIONER WILLIAMS: Well, I don't -- I 9 don't know about encouraging or discouraging recreational 10 use. You might recall, two or three years ago I brought a 11 set of rules in here that had to deal with slowing up boat 12 traffic on that lake, and the Court was not predisposed to 13 do anything about that, so we didn't do anything about that. 14 But my -- I guess I would respond, Commissioner, by saying I 15 think we have an obligation to do our best to clean up that 16 lake, because the safety issues are there, and they're 17 greater today than they will be after we finish. And there 18 is a liability with respect to what's under the water, 19 what's hanging over the water, and Kerr County property 20 that's in the middle of the water, and I think we have an 21 obligation to do our best to clean it up. I don't think 22 we're making any representations that we're going to get 23 everything out of it, but we're going to sure try to get 24 what we can within the scope of the dollars we have 25 available. 2-14-05 86 1 COMMISSIONER LETZ: I guess I'm in favor of 2 getting rid of the debris, which would include those big 3 pipes and maybe, you know, some -- you know, those dead 4 trees hanging over, things like that. But I'm not really in 5 favor of going into the body of the lake itself and doing a 6 whole lot of cleanup. 7 COMMISSIONER BALDWIN: I think -- I just 8 can't picture you doing all these things which I think needs 9 to be done. And I don't care what U.G.R.A. thinks or says. 10 Couldn't care less. But the -- it needs to be drained some. 11 I mean, the water level needs to be lowered, doesn't it? I 12 mean, what are you going to do, get down in 6 feet of water 13 with a chain saw? I don't -- 14 COMMISSIONER WILLIAMS: Well, I don't know 15 that you're going to get down 6 feet, but you might be able 16 to get town 2 and a half, 3 feet without -- you know, from 17 the surface of the water. What were -- the information we 18 have available does not contemplate lowering the lake level. 19 Does not. The folks that we know can do a job like this 20 indicate that with the proper equipment, you can do it off 21 the surface. 22 COMMISSIONER BALDWIN: Okay. 23 COMMISSIONER WILLIAMS: Now, I -- I, for one, 24 don't want to lower the level. We've been through that 25 argument before, and what it does to people on the shore. 2-14-05 87 1 So -- 2 COMMISSIONER LETZ: See, I'm kind of with -- 3 I don't know if he wants to lower the lake, though I'd be in 4 favor of lowering it 2 feet and getting all the garbage out. 5 COMMISSIONER BALDWIN: That's what I was 6 thinking. I just don't see how you're going to do this 7 thing without lowering the water some. I know that's a 8 difficult task out there. I understand that there's a -- 9 some kind of ball in the drain pipe that has -- you have to 10 use explosives to blow it out and all this stuff. 11 COMMISSIONER WILLIAMS: Kind of tough to do. 12 You might recall when the City did its project at the 13 current Schreiner Park -- the city park now, and they came 14 in with their contractor, and their first idea was to lower 15 the lake. They put huge siphons over the top of the dam, 16 and they couldn't do it. They couldn't -- 17 COMMISSIONER BALDWIN: Didn't work. 18 COMMISSIONER WILLIAMS: They were unable to 19 keep up with the in-flow. And so the bottom line was, the 20 lake didn't get lowered. 21 COMMISSIONER BALDWIN: The last time that 22 thing was drained and cleaned, some friends of mine 23 literally went up into the pipe and set explosives. 24 COMMISSIONER WILLIAMS: To blow that thing 25 back in? 2-14-05 88 1 COMMISSIONER BALDWIN: To blow the ball out 2 of the hole. Only way it could come out, 'cause it's so 3 much force, and it's buried so deep in trash that a tractor 4 can't pull the thing up. So -- but I -- I just can't 5 picture in my mind how you clean anything up without getting 6 in the water. I just don't see it. 7 COMMISSIONER WILLIAMS: You're going to get 8 in, but you're going to get on top of it. You're going to 9 walk on water. 10 COMMISSIONER BALDWIN: No -- 11 COMMISSIONER WILLIAMS: Not you. 12 COMMISSIONER BALDWIN: I don't -- you're 13 right, I do not. I know a guy that does, though. 14 COMMISSIONER WILLIAMS: Yeah. 15 COMMISSIONER NICHOLSON: One comment. The 16 price of my support is money in the budget next year to 17 drain and clean up Ingram Lake. 18 COMMISSIONER WILLIAMS: We've been there 19 before. 20 COMMISSIONER NICHOLSON: Yeah. It's time to 21 go again. 22 COMMISSIONER WILLIAMS: We have been there 23 before. 24 COMMISSIONER BALDWIN: What is -- what 25 authorities do we have about eliminating motors on a lake? 2-14-05 89 1 COMMISSIONER WILLIAMS: Well, that's a good 2 question. And we -- we dealt with it, what, three years 3 ago? I brought a set of proposed rules in that would have 4 made Flat Rock Lake a no-wake zone along the south shore -- 5 essentially along the south shore, where all the homes are, 6 at the request of all those folks who like that notion. The 7 Sheriff was one who really didn't like the idea, because he 8 was -- wasn't quite sure how he was going to enforce it. He 9 said he wasn't going to get water wings or wasn't going to 10 get flippers and he wasn't going to get in there and do the 11 job. So, I think we have the authority if we have a mind to 12 do so, but we didn't have the will to do so. 13 COMMISSIONER BALDWIN: Well, I don't know 14 about this no-wake on the south side thing. I still 15 disagree with that, because I don't know how you control 16 that. The Sheriff is right. 17 COMMISSIONER WILLIAMS: That's the deeper 18 side. 19 COMMISSIONER BALDWIN: But you could take 20 motors off of the lake. 21 COMMISSIONER WILLIAMS: You could. 22 COMMISSIONER BALDWIN: Trolling motors only. 23 Then you see daddies and little boys out there paddling 24 around catching fish. 25 COMMISSIONER WILLIAMS: You could, and make 2-14-05 90 1 it a fishing lake, just like the former U.G.R.A. lake. You 2 could do that. 3 COMMISSIONER BALDWIN: That's correct. So we 4 have the authority to do that? 5 COMMISSIONER WILLIAMS: I believe we do. 6 COMMISSIONER LETZ: I think the issue we had 7 last time -- I think Commissioner, Precinct 1 is correct; it 8 came to an enforcement issue. And on all the park rules, it 9 came to an enforcement issue as much as anything, and the 10 Sheriff said he needed a boat. 11 COMMISSIONER BALDWIN: Well, he's got guns. 12 Shoot them from the bank. (Laughter.) 13 COMMISSIONER LETZ: Yeah, but I think -- you 14 know, I think you still get into an enforcement issue if you 15 put a horsepower limit or something, or trolling motors 16 only, something like that. You know, I don't know how you 17 go about that. I'd probably defer to the County Attorney. 18 COMMISSIONER BALDWIN: It's just like 19 U.G.R.A. lake. There's no gasoline-powered engines on that 20 thing. 21 COMMISSIONER WILLIAMS: That's right, 22 sailboats or fishing motors. 23 COMMISSIONER BALDWIN: There is none. 24 COMMISSIONER LETZ: But that's -- but they 25 have a different statute because it's drinking water, and 2-14-05 91 1 you can't -- and the fumes -- I mean, their legal ability to 2 do that, I think, is different than ours. 3 COMMISSIONER BALDWIN: Doesn't matter. You 4 know, they -- 5 COMMISSIONER WILLIAMS: Could be. 6 COMMISSIONER BALDWIN: If a boat goes on the 7 lake, they get arrested. 8 COMMISSIONER WILLIAMS: Tell you what -- 9 COMMISSIONER BALDWIN: Boat goes on our lake, 10 they get arrested. 11 COMMISSIONER WILLIAMS: We can bring them 12 back again, and we'll -- we'll witness this courtroom fill 13 up with all the sports enthusiasts who like to use the lake. 14 So, happy to bring it back again. In the meantime, I'd like 15 to advertise for bids. 16 COMMISSIONER BALDWIN: Bids for what? Long 17 chainsaws? Waterproof chainsaws? 18 COMMISSIONER WILLIAMS: The equipment 19 necessary to do it. Whoever does it or gets the bid has to 20 have the equipment, and you have to work from the water 21 side. That's the way it works. Can't work from the shore. 22 COMMISSIONER BALDWIN: My only other question 23 is, you have included in your verbiage, "restroom facility." 24 Were you talking about doing that as well? 25 COMMISSIONER WILLIAMS: Not this time, not on 2-14-05 92 1 this agenda item. I'll come back with that at another time. 2 COMMISSIONER BALDWIN: Okay. 3 COMMISSIONER WILLIAMS: Only -- this only 4 deals with cleanup of the lake. 5 COMMISSIONER BALDWIN: Second. If there's a 6 motion. 7 COMMISSIONER LETZ: Already been a second. 8 COMMISSIONER BALDWIN: Okay. 9 JUDGE TINLEY: Any further question or 10 discussion on the motion? All in favor of that motion, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. 16 COMMISSIONER WILLIAMS: Judge, I believe the 17 Auditor has the information, so we can now advertise for 18 bids; is that correct? 19 (Mr. Tomlinson nodded.) 20 COMMISSIONER WILLIAMS: Okay, thank you. 21 JUDGE TINLEY: The next item, authorizing 22 County Judge to sign placement contracts, memorandums of 23 understanding for contract services and other agreements on 24 behalf of Kerr County. Ms. Harris. 25 MS. HARRIS: As you know, previously, the 2-14-05 93 1 chairman of the Juvenile Board -- since the Juvenile Board 2 and the Hill Country Corporation were the official 3 operators, which no longer exist, Judge Tinley was 4 authorized by both of those entities to sign contracts, 5 memorandums of understanding, any types of agreement that 6 the facility has with any type of entity, so I needed to 7 come to you today for you to authorize the County Judge to 8 sign those same types of documents on behalf of 9 Commissioners Court, since Commissioners Court is now the 10 official operator of the facility. 11 COMMISSIONER WILLIAMS: Question. 12 MS. HARRIS: Yes? 13 COMMISSIONER WILLIAMS: Are these the same 14 contracts, in terms of form, that we've been using prior -- 15 prior to the County taking over the facility? 16 MS. HARRIS: Yes. And they do not state 17 in -- in the contracts; i.e., placement contracts for 18 residents -- it never did state in those contracts any 19 mention of Hill Country Juvenile Facility Corporation. It 20 was Kerr County. 21 COMMISSIONER WILLIAMS: Okay. My second 22 question is, have we dealt with reimbursement to the County 23 for health care? To me, that's an issue, as to how we deal 24 with reimbursement to the County for dollars expended by us 25 on health care. Have we dealt with that issue? 2-14-05 94 1 MS. HARRIS: It states in the contract that 2 at no time is the facility ever responsible for medical 3 expenses in regards to the residents. If we did have to pay 4 for any medical expenditures, that is billed to each county, 5 and it states it in the contracts that they will be billed 6 for medical. 7 COMMISSIONER WILLIAMS: I understand that, 8 and I think that's what the current scenario is. 9 MS. HARRIS: Mm-hmm. 10 COMMISSIONER WILLIAMS: But I'm given to 11 believe -- I'm not sure whether it was a conversation with 12 you or a conversation with the Auditor. 13 MS. HARRIS: Okay. 14 COMMISSIONER WILLIAMS: Or you both, that 15 there are instances where we get hung out to dry. 16 MS. HARRIS: That's correct. 17 COMMISSIONER WILLIAMS: We front the medical 18 care, as we should, -- 19 MS. HARRIS: Correct. 20 COMMISSIONER WILLIAMS: -- to take care of 21 the emergency situation or whatever the situation is. 22 MS. HARRIS: Mm-hmm. 23 COMMISSIONER WILLIAMS: We forward the bill 24 to the county who placed the -- the youth, and then they 25 start dilly-dallying around with it, saying it's the 2-14-05 95 1 parents' responsibility. 2 MS. HARRIS: Correct. 3 COMMISSIONER WILLIAMS: Or the parents have 4 insurance, and the insurance has got to take a look at it. 5 So, what I want us to deal with is a more forceful way to 6 make certain that we are reimbursed up front, bingo, -- 7 MS. HARRIS: Correct. 8 COMMISSIONER WILLIAMS: -- for the dollars we 9 expend, and the sending county can deal with the parents 10 and/or insurance issues on their own, but they pay us first. 11 MS. HARRIS: I agree. 12 COMMISSIONER WILLIAMS: How do you deal with 13 that? 14 MS. HARRIS: I would think that perhaps, with 15 the County Attorney's -- County Attorney's assistance, that 16 we could draft a new contract and put that verbiage in that 17 new contract. The timing that we're looking at right now, 18 we're coming up where contracts are going to become 19 renewable again in August. The contract cycle ran from 20 August to August. Now, I know that the County Judge has 21 already expressed an interest in changing the way the 22 verbiage of the contract -- that it's automatically 23 renewable, so we don't have all the administrative hassle of 24 renewing these contracts every August. Certainly, I can get 25 with the County Attorney and we can come up with some 2-14-05 96 1 verbiage by which it states that any medical expenses that 2 the facility pays for up front will be the responsibility 3 for reimbursement from the placing county, period. 4 COMMISSIONER WILLIAMS: Can we do that by -- 5 Mr. County Attorney, can we do that currently with just a 6 letter addendum to the contract, in which we would ask for 7 their signature acknowledging that for now, until the 8 contract is redone? 9 MR. EMERSON: I think it's going to depend on 10 the response you get from the placing county. You know, if 11 I were in that county, I think I would respond that you're 12 changing the essential term of the contract. In other 13 words, we can try it, but I can't promise you it'll fly. 14 COMMISSIONER LETZ: I don't -- I agree with 15 what Commissioner Williams has said, but I guess I'm 16 confused as to why this is on the agenda like this. I mean, 17 I look at this as the -- as similar to what we do with the 18 jail, and those contracts come to the full court, and I 19 think these contracts should come to the full court. 20 COMMISSIONER BALDWIN: I agree. Contracts, 21 MOU's, and other agreements need to -- need to be approved 22 in here. And I don't have any problem with the Judge 23 signing off on them. 24 COMMISSIONER NICHOLSON: Are you saying 25 approve the form, or approve each individual contract? 2-14-05 97 1 COMMISSIONER WILLIAMS: Well, I think in the 2 case of the jail, they're approved as to form. He doesn't 3 bring in each individual one, does he? 4 COMMISSIONER LETZ: I believe so. I believe 5 we have ones with various counties. When he gets a new 6 county, he brings the new county contract to us. I think, I 7 mean, especially for the first -- initially, you know, I 8 want this Court to be pretty intimately involved with the 9 operation of that facility. Bringing these contracts to us 10 will insure that. Now, I think there are -- 11 MS. HARRIS: There's going to be some time 12 issues if we do that, and I just need for y'all to 13 understand that. 14 COMMISSIONER BALDWIN: Well, time is on our 15 side, though. We're going to approve -- oh, yeah. 16 MS. HARRIS: What I'm saying is, sometimes we 17 get counties that want to come on board because they've got 18 a kid that's ready to come this week, and it's a county that 19 we do not have a current contract with. So, it's -- time is 20 of the essence to get that contract to the county -- to that 21 placing county, get proper signatures, get it back here for 22 our proper signatures so we can legally take that kid within 23 that week. 24 COMMISSIONER BALDWIN: I understand. If -- 25 JUDGE TINLEY: You're just speaking of the 2-14-05 98 1 residential services contract? 2 MS. HARRIS: Yes. 3 JUDGE TINLEY: For which we have an accepted 4 format at this point? 5 MS. HARRIS: Yes. 6 JUDGE TINLEY: Is the only ones you're 7 talking about? 8 MS. HARRIS: Yes, that's what I'm talking 9 about there. Now, of course, the memorandums of 10 understanding with contract entities, I certainly understand 11 that you would want to bring that to the Court. 12 COMMISSIONER LETZ: I guess -- I mean, I 13 don't have a problem, I guess, with form, as long as it's 14 the exact same form; let the County Attorney approve the 15 form and authorize the County Judge to sign as needed. I do 16 understand the timeliness -- 17 MS. HARRIS: Yes. 18 COMMISSIONER LETZ: -- concerns, but on the 19 rest of it, I'd really prefer they come to the Court. 20 COMMISSIONER WILLIAMS: Are you -- on this 21 particular agenda item, Ms. Harris, are you asking for 22 specific contracts today, or just this as a generic -- 23 MS. HARRIS: Just as a generic, yes, sir. 24 Just generic. 25 COMMISSIONER LETZ: Has the County Attorney 2-14-05 99 1 approved the form for the -- what did you just call that? 2 The placement, residential -- 3 JUDGE TINLEY: Residential services. 4 COMMISSIONER LETZ: Residential services. 5 MR. EMERSON: I haven't seen one, no, sir. 6 COMMISSIONER LETZ: I think as soon as we get 7 the County Attorney to approve that form, then I'll be glad 8 to vote on this. 9 MS. HARRIS: Okay. Because I've got a county 10 that's wanting a contract right now. 11 COMMISSIONER BALDWIN: Well, you need to get 12 the contract in here. My understanding is, like, the adult 13 facility -- and the juvenile may be different; I know they 14 are in some areas. But if we don't have a contract, Rusty 15 sometimes takes outside prisoners in without that contract 16 and then comes along later. He's done that before. 17 COMMISSIONER WILLIAMS: Yes. 18 COMMISSIONER BALDWIN: What would be wrong 19 with, like, on an emergency-type basis -- am I talking to 20 the wrong person here? 21 JUDGE TINLEY: I -- 22 COMMISSIONER WILLIAMS: Well, Mr. Stanton's 23 out here. He can address it, too. 24 COMMISSIONER BALDWIN: Well, I'm talking -- I 25 think these are legal questions here. What would be wrong, 2-14-05 100 1 on an emergency basis, for Del Rio to send a kid up here and 2 we accept him until we can get the contract into this room? 3 MR. EMERSON: My initial answer to that would 4 be I don't know if there's anything statutorily in the care 5 of juveniles that would prevent that or not. 6 COMMISSIONER BALDWIN: Permit or prevent? 7 MR. EMERSON: Either word will work. 8 COMMISSIONER BALDWIN: Oh, I see. Okay. 9 COMMISSIONER WILLIAMS: What has been the 10 practice up until now? 11 MS. HARRIS: The practice -- 12 COMMISSIONER WILLIAMS: A new county coming 13 on board. 14 MS. HARRIS: The practice has been that we 15 have the approved contract form. We have blank contracts. 16 We, of course, type in that particular county's information 17 on the contract; we send it to them. They get their 18 authorizing entities to sign that contract. They send it 19 back to us. We have forwarded it on to Judge Tinley; Judge 20 Tinley has signed that contract, and each entity gets an 21 original signature contract that we keep on file. 22 COMMISSIONER NICHOLSON: Are all the 23 contracts identical in terms of per diem rate? 24 MS. HARRIS: Yes. They're all identical, 25 yes. 2-14-05 101 1 COMMISSIONER NICHOLSON: So the only 2 difference between one contract and another one is the 3 entities involved? 4 MS. HARRIS: That's correct. Now, you need 5 to understand, too, that there are some counties -- Bexar 6 County is one -- that they do not use our contract. They 7 use their own placement contract. El Paso's one. Tarrant 8 County is another one. 9 COMMISSIONER LETZ: And those, I think it's 10 even more important the County Attorney look at them. 11 MS. HARRIS: Naturally. Naturally. 12 COMMISSIONER LETZ: But I think the -- you 13 know, I think the County Attorney needs to sign off on these 14 contracts. 15 COMMISSIONER WILLIAMS: You haven't seen this 16 contract? 17 MR. EMERSON: No, sir. 18 MS. HARRIS: It was an approved -- my 19 understanding it was a contract form that was approved by 20 the previous County Attorney. 21 COMMISSIONER WILLIAMS: Want to shed some 22 light on this, Judge? 23 JUDGE TINLEY: She's correct. It was 24 previously approved by the prior County Attorney, and we 25 just use the same format. That's what we've been using. 2-14-05 102 1 COMMISSIONER BALDWIN: This is a new day. 2 COMMISSIONER WILLIAMS: How long does it take 3 to get the thing reviewed by the County Attorney? 4 MR. EMERSON: I would tend to think we could 5 do it rather quickly. Put it on the top of the list. 6 COMMISSIONER BALDWIN: Is that six months? 7 Eight months? (Laughter.) Two hours? 8 MR. EMERSON: Day or two. 9 COMMISSIONER BALDWIN: Huh? 10 MR. EMERSON: Day or two. 11 COMMISSIONER BALDWIN: Day or two. 12 MS. HARRIS: So, you want new contracts to -- 13 new -- a new form, or if he approves the existing form, so 14 therefore, I do not get any signatures on any contracts 15 starting today until you get -- until y'all approve the 16 form? 17 COMMISSIONER BALDWIN: That's my stand. 18 MS. HARRIS: And we won't meet again until 19 two weeks from now? 20 COMMISSIONER BALDWIN: We can meet any time 21 we want to. 22 COMMISSIONER WILLIAMS: Could. 23 COMMISSIONER LETZ: We can -- I don't have 24 any problem with approving it subject to his approving as to 25 form. I mean, I -- 2-14-05 103 1 COMMISSIONER WILLIAMS: Yeah, I don't either. 2 COMMISSIONER LETZ: Between now and our next 3 meeting. But I'd like us to -- it would all come to us, and 4 let us look at that at our next meeting, which is the 28th, 5 I believe. But, I mean, I don't have any problem at all 6 with, you know, giving the County Judge the authority to 7 sign if the County -- well, the County Judge to sign if the 8 County Attorney has signed off as to form of the contract. 9 COMMISSIONER WILLIAMS: Make that in the form 10 of a motion; I'll second it. 11 COMMISSIONER LETZ: I don't know what I want 12 to make a motion to now. I'll make a motion to approve 13 residential placement contracts at Kerr County Juvenile 14 Detention Facility, subject to County Attorney form 15 approval, and authorize County Judge to sign the same, and 16 that all contracts -- well, and the form contract will come 17 back to the Commissioners Court at our next meeting along 18 with any other contracts. 19 COMMISSIONER WILLIAMS: I'll second it with a 20 comment. Dealing with the health care issue, I think we can 21 defer that until we are looking at -- we can defer it at 22 this time. We'll get it in place for new contracts, as 23 opposed to these that you'll be submitting on a renewal 24 basis, but it is an issue that I think needs to be 25 addressed -- strengthened. 2-14-05 104 1 COMMISSIONER NICHOLSON: If I understand that 2 motion, that means that once the County Attorney approves it 3 as to form and the Judge signs it, then there's nothing 4 holding up Ms. Harris from making deals for placement. 5 COMMISSIONER BALDWIN: That's correct. 6 COMMISSIONER WILLIAMS: That's correct. 7 COMMISSIONER LETZ: And this is back on the 8 agenda the 28th for us, the whole Court, to look at the 9 contract form. 10 COMMISSIONER NICHOLSON: That seems 11 reasonable. 12 COMMISSIONER BALDWIN: Yeah. When is the 13 renewal, now? Did you say September? 14 MS. HARRIS: Some of -- some of the 15 contracts, from what I'm researching right now -- let me 16 back up and say this. The bulk of the contracts are 17 renewable in August. 18 COMMISSIONER BALDWIN: August, okay. 19 MS. HARRIS: Yes. Yes. There are some 20 contracts that are out of sync in that schedule, for 21 whatever reason, but we can certainly put them on the same 22 cycle. And if you want the verbiage in there that they 23 would automatically be renewable unless either entity wants 24 to change anything about that contract, if they -- that they 25 would be automatically renewable every year, it's up to the 2-14-05 105 1 Court. That's neither here nor there, and it doesn't really 2 matter to the placing counties, I don't believe. It's just 3 an administrative technique by which we wouldn't have to do 4 this every year. 5 COMMISSIONER WILLIAMS: Automatically 6 renewable. However, it presupposes that the per diem rate 7 stays the same. 8 MS. HARRIS: If we put the verbiage in the 9 contract by which the per diem could possibly fluctuate 10 according to whether T.J.P.C. changes or amends or adds to 11 or decreases their reimbursement rate to the placing county, 12 you could put that verbiage in there that our per diem could 13 fluctuate according to whatever T.J.P.C. is doing with the 14 per diem reimbursement. 15 COMMISSIONER WILLIAMS: That language is not 16 currently in there? 17 MS. HARRIS: No, sir, it's not in there. 18 COMMISSIONER WILLIAMS: Well, that would be 19 part of a reworking of the contract, I would think. 20 MS. HARRIS: Yes. 21 COMMISSIONER LETZ: This would get -- my 22 motion would get us through the next two weeks. 23 COMMISSIONER WILLIAMS: Yeah, get you past 24 this hump. 25 JUDGE TINLEY: Any further question or 2-14-05 106 1 discussion on the motion? 2 COMMISSIONER LETZ: I think Ms. Harris has a 3 question. 4 MS. HARRIS: Yeah. What would you like to do 5 about memorandums of understanding with contracting entities 6 such as Dr. Quintanilla? And any other -- 7 JUDGE TINLEY: They would need to come to the 8 Court. 9 MS. HARRIS: Okay. So, you want to look at 10 that one too? 11 COMMISSIONER LETZ: Yes. 12 COMMISSIONER WILLIAMS: Mm-hmm. 13 MS. HARRIS: Okay. 14 JUDGE TINLEY: Yeah. The only thing we're 15 talking about here is the residential services. 16 MS. HARRIS: Okay. 17 JUDGE TINLEY: Under -- under the existing 18 current format. 19 MS. HARRIS: But be advised -- 20 JUDGE TINLEY: Only after it's approved as to 21 form by the -- by the County Attorney. 22 MS. HARRIS: Be advised that, legally, I can 23 not offer substance abuse until I get an MOU signed by Dr. 24 Quintanilla and the Court. 25 COMMISSIONER BALDWIN: That's good. What 2-14-05 107 1 other agreements? 2 MS. HARRIS: Like, with Dr. Meriwether, the 3 dentist that we use. I'm trying to think. 4 COMMISSIONER BALDWIN: We don't have -- do we 5 have agreements with them now? 6 MS. HARRIS: No, but we need to. 7 COMMISSIONER WILLIAMS: Would -- would Bexar 8 County come into Kerr County with its youth, would it -- it 9 would be predicated on having Dr. Quintanilla's services 10 under contract? 11 MS. HARRIS: Yes. Yes. 12 COMMISSIONER WILLIAMS: Okay. 13 MS. HARRIS: Because I cannot offer substance 14 abuse treatment -- since he is going to be the person that 15 would provide the individual counseling sessions required by 16 D.S.H.S., Department of State Health Services, I cannot 17 legally advertise that I'm offering substance abuse 18 treatment today, since we do not have a signed memorandum of 19 understanding, and we are -- we were waiting for the Court 20 to become the official operators of the facility while we 21 were drafting the memorandum of understanding -- the County 22 Attorney. While we were drafting that, we needed to wait 23 until the County became the official operators. Now that 24 that has occurred, we can move forward. 25 COMMISSIONER WILLIAMS: Is the County 2-14-05 108 1 Attorney currently drafting a memorandum of understanding 2 with Mr. -- Dr. -- with Dr. Quintanilla? 3 MR. EMERSON: We're working on the rough form 4 for presentation to the Court. 5 COMMISSIONER WILLIAMS: Could we include that 6 in the current motion? 7 COMMISSIONER LETZ: That's not ready now, so 8 we can come in at our next meeting. 9 COMMISSIONER WILLIAMS: Do you not have it 10 ready yet? 11 MR. EMERSON: No, sir. 12 COMMISSIONER WILLIAMS: Okay. We can come 13 back when we need to. 14 MS. HARRIS: Okay, that's fine. 15 COMMISSIONER NICHOLSON: I think what you're 16 hearing here, Ms. Harris, is the desire on the part of the 17 Court to be intimately involved in the management of the 18 facility for some period of time, both on the cost side and 19 the revenue side. We'll probably be micro-managers for a 20 while until we get some level of comfort with -- with the 21 financial picture. 22 MS. HARRIS: I understand. 23 COMMISSIONER NICHOLSON: I'm speaking for 24 myself, but I think I hear some of the other Commissioners 25 saying the same thing. 2-14-05 109 1 MS. HARRIS: I understand that. That's fine. 2 COMMISSIONER WILLIAMS: And there's nothing 3 that precludes you -- if you have a situation that needs to 4 be brought to the Court quickly, nothing precludes you from 5 contacting either Commissioner Baldwin or myself and asking 6 to schedule a meeting -- post a meeting. 7 MS. HARRIS: Okay. 8 COMMISSIONER LETZ: We're quite used to 9 meeting on a weekly basis on this topic. 10 COMMISSIONER WILLIAMS: We're almost staying 11 here 24 hours a day, 7/24. 12 MS. HARRIS: Okay, that'll be fine. 13 JUDGE TINLEY: If you have a need, we can 14 meet to take up whatever matter is pressing. 15 MS. HARRIS: Okay, thank you. 16 JUDGE TINLEY: Any further question or 17 discussion on the motion? All in favor of the motion, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. Next 23 item is consider, discuss, and take appropriate action to 24 authorize expanding the scope of the -- of engagement of 25 Pressler Thompson and Company to perform an in-depth audit 2-14-05 110 1 of the Kerr County Juvenile Detention Facility for the years 2 2002, 2003, and 2004. Commissioner Williams? 3 COMMISSIONER WILLIAMS: Yes, sir. 4 Commissioner Baldwin and I spent an enlightening two hours 5 with representatives of Pressler Thompson on Friday. Right, 6 Commissioner? 7 COMMISSIONER BALDWIN: Correct. 8 COMMISSIONER WILLIAMS: And we reviewed a 9 list of questions that the Court has been earlier made aware 10 of, and other questions that popped into mind. The bottom 11 line is that, at this point, we're not going to ask the 12 Court for authority to proceed because we don't know what 13 the cost would be, and we're not certain exactly how 14 Pressler Thompson would propose to proceed with an audit to 15 flush out questions that the Court has. We left it, after 16 the two-hour meeting, that they would get back to us so that 17 we could place this back on the agenda at our next meeting 18 in February, and tell us exactly how they believe they could 19 proceed and what the cost might be. Have I left anything 20 out, Commissioner? 21 COMMISSIONER BALDWIN: No. 22 COMMISSIONER WILLIAMS: So that's all there 23 is for that one right now. 24 JUDGE TINLEY: Okay. If no one else has 25 anything further on that, we will move on to the next item 2-14-05 111 1 on the agenda, discuss and consider the discrepancy of 2 salaries between County employees and Juvenile Detention 3 Facility employees and make appropriate adjustments. I 4 would note that we have a participation form that's been 5 submitted to the Court. Mr. Scott Pope. 6 MR. POPE: Thank you, Judge, Commissioners. 7 My name is Scott Pope, and I'm here today on behalf of 8 Taxpayers' Watch for Kerr County. And we feel that every 9 position in the county is deserving of a large salary 10 increase, and if we ran things, we'd start with the 11 Commissioners. However, that situation doesn't exist and 12 those funds don't exist, and therefore, we would like the 13 Court to consider, if there's any additional surplus funds 14 to increase salaries in the county, that the first thing we 15 do is move to restore the health care benefits to County 16 employees prior to raises to management positions within the 17 county. We think that would serve the leadership properly 18 in this county, and will serve the best interests of the 19 citizens. Thank you very much. 20 JUDGE TINLEY: Thank you, sir. 21 COMMISSIONER BALDWIN: Judge, I brought this 22 to the Court, and I know there's probably some that think 23 that I'm trying to throw up a roadblock in the process here, 24 and that's not -- that's not -- that's the furthest thing 25 from my mind. What I'm dealing with here is an issue that 2-14-05 112 1 has to be dealt with somehow, at some point, and it should 2 have been done prior to purchase. But we have to get the -- 3 the Juvenile Detention Facility employees in line with the 4 rest of the County family. The more I dug into this thing, 5 the worse it got. I mean, this is one of the -- one of the 6 bigger messes that I've ever encountered. And, to give you 7 an example, the cooks at the juvenile facility, in order to 8 bring them in equal to cooks in the jail -- cooks are 9 cooks -- you're talking about a pretty hefty little increase 10 in salary there. And that's the way it is across the board 11 with the juvenile facility, all of those people out there. 12 The -- what I call "jailers," Becky has a section here, 13 control people. All of those people, in order to bring them 14 to the same level as what you have in the adult facility, 15 you're talking about a pretty hefty sum of money to bring 16 them up to. Now, I'm assuming this is Becky's proposal 17 here, these -- this is all I have, is -- 18 COMMISSIONER WILLIAMS: That's all I got. 19 COMMISSIONER BALDWIN: -- the handwritten 20 numbers. And -- 21 COMMISSIONER LETZ: Do we have that? 22 COMMISSIONER WILLIAMS: It's under the next 23 agenda item, actually. 24 JUDGE TINLEY: 21. 25 COMMISSIONER LETZ: Oh. 2-14-05 113 1 COMMISSIONER WILLIAMS: That's where I found 2 it. 3 COMMISSIONER BALDWIN: Oh, okay. 4 COMMISSIONER WILLIAMS: This chart is -- 5 COMMISSIONER BALDWIN: Becky, I'm going to 6 steal some of your thunder here. 7 MS. HARRIS: Okay. 8 COMMISSIONER BALDWIN: Her handwritten notes 9 that she wants to create for the control people -- and 10 correct me if I'm wrong; you're talking about just those 11 people that sit inside the booth and turn the knobs that 12 opens doors. 13 MS. HARRIS: That's correct. 14 COMMISSIONER BALDWIN: And things like that. 15 MS. HARRIS: That's correct. 16 COMMISSIONER BALDWIN: In the adult facility, 17 I think we consider those people as jailers. She wants to 18 have a separate section as controllers, and she wants to 19 create a Pay Grade 10. Well -- and then, for cooks, create 20 Pay Grade 11. Well, we've -- this Court's decided that 21 we're -- we're going to start at Pay Grade 12; there won't 22 be anything below Pay Grade 12. And the cooks is -- again, 23 is a perfect example. To me, a secretary is a secretary and 24 a cook is a cook. So, if you're going to put cooks on the 25 same level as cooks, then they need to go up to the 14 level 2-14-05 114 1 like they are in the adult jail. And it's that way 2 throughout -- throughout the group out there. It's -- it's 3 a mess. But I think that we can do that, but we're -- we 4 cannot do it today, unless Barbara has a magic wand that she 5 can wave over this thing. So, my suggestion on this issue 6 is that Commissioner Williams and I have been appointed as 7 liaisons between this Court and the Juvenile Detention 8 Facility; that we sit down with the personnel officer, 9 Ms. Nemec, and Ms. Harris for the next couple of months and 10 try to work out these issues, and bring them back to this 11 Court, probably -- in my mind, probably around June, so that 12 collectively we can decide what to do with all of this, and 13 build it into the budget to crank up October 1. I don't 14 know how we can make -- I just don't see how we make changes 15 -- all the changes that need to be made. May not be enough 16 money in the whole wide world to do it; I don't know. 17 But -- 18 COMMISSIONER WILLIAMS: This is kind of 19 interesting, and I just wondered, Commissioner -- I guess 20 I'm asking the question to Ms. Harris through you. We have 21 more than just two categories of folk out there, right? We 22 have control, which I'm looking at, and you're proposing 10, 23 and we have cooks, which you're proposing an 11. 24 MS. HARRIS: Yes. 25 COMMISSIONER WILLIAMS: But we also have 2-14-05 115 1 other categories of employees. 2 MS. HARRIS: That's correct. 3 COMMISSIONER WILLIAMS: And we'd be dealing 4 with all that, would we not? 5 COMMISSIONER BALDWIN: Yes, sir. I 6 haven't -- 7 COMMISSIONER WILLIAMS: I don't see them 8 here -- I don't think I see them here. 9 MS. HARRIS: No, sir, because I could fit all 10 my present categories of employees -- when I did the budget 11 for this next eight months, I could plug in all my other 12 categories of employees with the existing matrix that the 13 Court approved, the '04 and '05. 14 COMMISSIONER WILLIAMS: Okay, so that's not 15 an issue. 16 MS. HARRIS: It was only the cooks and 17 control people whose present salary that I pay does not fit 18 in with the '04-'05 salary matrix, so that's why I had to -- 19 I had to create Step 10 and Step 11 just to plug -- have a 20 place to put them on a grade/step increase matrix for this 21 next eight months, 'cause I didn't have a place to put them. 22 COMMISSIONER WILLIAMS: Okay. 23 MS. HARRIS: So that's the only reason why I 24 created that. 25 COMMISSIONER WILLIAMS: And your proposed 2-14-05 116 1 budget, which is another agenda item -- 2 MS. HARRIS: Yes. 3 COMMISSIONER WILLIAMS: -- has them placed 4 where? 5 MS. HARRIS: Has them placed on that. 6 COMMISSIONER WILLIAMS: That's 10's and 11's? 7 MS. HARRIS: 10's and 11's. 8 COMMISSIONER WILLIAMS: And are they 9 currently earning these dollars? 10 MS. HARRIS: Earning -- that's correct. 11 COMMISSIONER WILLIAMS: These are the 12 dollars? 13 MS. HARRIS: Those are the dollars that they 14 are presently earning. And that's why I created those two 15 grades/steps, 'cause that's all -- 16 COMMISSIONER WILLIAMS: Okay. So your 17 budget -- 18 MS. HARRIS: I needed a place to put them. 19 COMMISSIONER WILLIAMS: -- doesn't reflect an 20 increase? 21 MS. HARRIS: No, sir. 22 COMMISSIONER LETZ: I think it's the right 23 approach to take. I mean, I think it's -- I mean, to go in 24 there and try to do, you know, a quick fix here and quick 25 fix there is not the way to do it. And we need to get it 2-14-05 117 1 worked into our budget process. I would look to this as 2 to -- you know, in the private sector, of one business 3 buying another business. It takes time to assimilate them 4 in. That's basically what we've done here. I think it's a 5 -- you know, I'm ecstatic to see Number 1 and Number 2 take 6 this task on, 'cause it is -- you need to look at everyone 7 and look at the job descriptions, and with both Ms. Harris 8 and Ms. Nemec. It's -- 9 COMMISSIONER WILLIAMS: I think it's a 10 logical approach. Commissioner Baldwin and I have talked 11 about it. 12 COMMISSIONER LETZ: So, do you need any -- 13 you don't need any action? 14 COMMISSIONER BALDWIN: I think we have -- 15 Ms. Nemec, do you want to -- she has -- we've asked her to 16 make a presentation to show us some things here to kind of 17 prepare us. Thank you. 18 MS. NEMEC: You're welcome. Here's one for 19 you. 20 MR. EMERSON: Thank you. 21 MS. NEMEC: When I spoke to Commissioner 22 Baldwin, he asked me to do this comparison, and what I did 23 was, based on positions in the Juvenile Detention Center and 24 in the Law Enforcement Center, I listed the salaries. Now, 25 that doesn't mean that when we get down to working on this, 2-14-05 118 1 that these are the positions that should be compared to one 2 another, because without job descriptions, I don't know that 3 they should even be compared. But I thought this would give 4 you all something to look at, and kind of go from there. 5 Now, keep in mind when -- for instance, in maintenance, -- 6 well, no, not maintenance, but, like, juvenile detention 7 officers, they're at a 12-1. Jail officers are 14-1. The 8 Sheriff's Department has a different position schedule for 9 their deputies and their jailers, so when Ms. Harris and I 10 got together to simplify her department, she only went on 11 the current step and grade schedule that we use within the 12 courthouse, not -- she cannot use the jail position 13 schedule. So, like, shift supervisor, she has 17-1 for her 14 shift supervisor. That's 24,271. And the sergeants under 15 the Law Enforcement Center are 17-1 but their salary is a 16 little higher. It's because they're on a different position 17 schedule, so that may be something we want to look at also. 18 Do y'all have any questions? Support staff, I wasn't real 19 sure if she just had them listed as support staff, so I just 20 compared them to the secretary and the clerk. I'm not real 21 sure what the 25-1 is, what position that is or what they 22 do, so I wasn't able to compare that to any other position. 23 COMMISSIONER WILLIAMS: What is it? 24 MS. HARRIS: Training officer. She's also 25 the certification officer. She's also the food service 2-14-05 119 1 manager, and she's also the person that takes care of our 2 N.S.L.P. 3 COMMISSIONER WILLIAMS: Several hats. 4 COMMISSIONER LETZ: The -- Barbara, is there 5 a reason that law enforcement is on a different schedule? 6 MS. NEMEC: Because the Sheriff asked for 7 them to have a separate schedule, and the Court approved it. 8 MS. RECTOR: How long ago did we do that? 9 MS. NEMEC: I want to say it was about two or 10 three years ago. Not only are they on a separate schedule; 11 they have one for deputies, they have one for jailers, and 12 they have one for nurses. And then they have their clerks 13 on our schedule, so -- yeah. I wish we would have just 14 moved their step and grade higher than everybody else, and 15 not -- 16 MS. UECKER: It's been that way longer than 17 that. Been a long time, 'cause I complained about it 18 several times. 19 COMMISSIONER LETZ: Seems that -- actually, I 20 believe it was before Rusty. 21 MS. NEMEC: No, it was him that wanted this 22 done. 23 COMMISSIONER WILLIAMS: No, it is Rusty; I 24 remember that. I just don't remember when we did it. 25 MS. UECKER: I think Sheriff Kaiser did it. 2-14-05 120 1 MR. TOMLINSON: It was when Sheriff Kaiser 2 was in office. 3 COMMISSIONER WILLIAMS: Really? 4 MR. TOMLINSON: Yeah. 5 MS. NEMEC: I don't think so. 6 COMMISSIONER LETZ: Either way, I think it 7 would be a good exercise to relook at that, 'cause all that 8 does is complicate everything. 9 COMMISSIONER WILLIAMS: It does. 10 MS. NEMEC: Well, it's not fun for me during 11 the budget process, I'll tell you that. And there's a lot 12 of room for error, because we're dealing with five different 13 position schedules. 14 COMMISSIONER LETZ: I mean, I would -- if 15 it's possible to incorporate into one, that would make more 16 sense to me. But -- 17 COMMISSIONER WILLIAMS: Am I hearing that 18 you're asking Commissioner Baldwin and I to -- tasking us to 19 do that? 20 COMMISSIONER BALDWIN: No, he's not saying 21 that at all. 22 COMMISSIONER WILLIAMS: Well, good. 23 COMMISSIONER LETZ: No, I was asking that the 24 County Judge, during the budget process, bring this up with 25 the Sheriff. 2-14-05 121 1 COMMISSIONER WILLIAMS: There you go. Okay. 2 MS. NEMEC: I can get with the Sheriff, and 3 the Sheriff and I can work on it. 4 JUDGE TINLEY: That's a better idea. 5 COMMISSIONER WILLIAMS: That's an even better 6 idea. 7 COMMISSIONER BALDWIN: Yeah. But I -- 8 MS. NEMEC: If y'all will just tell him that 9 that is what y'all wish for us to do. 10 COMMISSIONER LETZ: Unless there's a good 11 reason not to do it. Maybe there is, and I don't know. 12 COMMISSIONER WILLIAMS: I don't remember why 13 we did it, honestly. 14 COMMISSIONER BALDWIN: But my proposal today 15 is that -- is we just stay on the same schedule as we're on 16 today, and let us see -- let Bill and I and the two ladies 17 work out a route to go and come back in here, and I think 18 probably in June, and build it in the budget process. And 19 then, whatever we come out with, it can start October 1. 20 Just let it run through -- till October 1. 21 COMMISSIONER LETZ: Do we need to create 22 positions 10 and 11 so they -- you know, for -- 23 COMMISSIONER BALDWIN: That's where they are 24 today. 25 COMMISSIONER LETZ: So, we just leave them? 2-14-05 122 1 We don't have to take any action? 2 COMMISSIONER WILLIAMS: No. Their dollar 3 amounts are equivalent to a 10 and 11, so we just leave the 4 dollar amounts alone. 5 COMMISSIONER BALDWIN: That's what I'm 6 saying; just leave everything like it is right now, and not 7 worry about it. 8 JUDGE TINLEY: Need any court action? 9 COMMISSIONER NICHOLSON: I also think that's 10 a good plan. We've -- we've done some work in the last few 11 years looking at internal equity and external 12 competitiveness. I think we've made some good progress 13 in -- for example, with our Sheriff's deputies and our 14 jailers, curing undesirable turnover. You know, if you can 15 look at -- if you can determine that, for example, detention 16 officers and jail officers are in the same -- same job 17 family, similar jobs, then we have to look at curing those 18 differences. 19 COMMISSIONER BALDWIN: That's correct. 20 COMMISSIONER NICHOLSON: I also think it's 21 important that we consider a decent wage, a fair wage, a 22 living wage, whatever the right terms are. I have a -- I 23 have a belief that our lowest paid people in the county, our 24 lowest paid job classifications aren't paid enough. And 25 we've had -- and you didn't disagree with me on that; we 2-14-05 123 1 just couldn't find money to cure it. But I think we need to 2 keep it in mind and make progress with our current county 3 employees, as well as some of these lower paid -- 4 COMMISSIONER WILLIAMS: I agree. 5 COMMISSIONER NICHOLSON: -- Detention Center 6 employees. If they're eligible for food stamps, they're not 7 paid enough. 8 COMMISSIONER BALDWIN: I agree. 9 JUDGE TINLEY: Anything further on that 10 particular agenda item? 11 COMMISSIONER BALDWIN: Of course, 12 Commissioner, with the purchase of the Juvenile Detention 13 Facility, I don't know if anybody's going to get a raise. 14 COMMISSIONER NICHOLSON: I hear you. 15 JUDGE TINLEY: Let's move on to Item 21, 16 consideration of the budget for Kerr County Juvenile 17 Detention Facility; discuss, review, and authorize. 18 COMMISSIONER WILLIAMS: Welcome back. 19 MS. HARRIS: Thank you. Well, in light of 20 what you have just decided in regards to the salaries, and 21 that we postpone the salary discrepancies, that we postpone 22 that, I -- I'm going to ask that you postpone any approval 23 or adjustments or anything to the budget while -- while 24 Commissioner Williams, Commissioner Baldwin, Ms. Nemec, and 25 myself work on the salary schedule, because that's an 2-14-05 124 1 integral part of this budget. So I'm asking you, maybe -- 2 perhaps we would want to postpone doing anything with this 3 budget, other than the fact that if you have any questions 4 in regards to any line item, I'll be more than ample -- more 5 than willing to answer any questions that you have. 6 COMMISSIONER BALDWIN: I appreciate that 7 offer, 'cause I have one. 8 MS. HARRIS: Sure. 9 COMMISSIONER BALDWIN: By postponing the 10 budget, aren't there some -- oh, well, nevermind. I won't 11 go there. Contract Services, what does that include? 12 MS. HARRIS: That includes our nurse. That 13 includes Dr. Quintanilla, the -- the psychiatrist. It 14 includes Dr. Lisa Watts, who is the psychologist. It also 15 would -- I did put it in there for a possible contract with 16 the sex offender treatment provider. However, after putting 17 it in the Contract Services line item, I have learned that, 18 due to licensing restrictions by D.P.R.S., she would not be 19 able to be in the category of a contract; she would have to 20 be an employee, but a part-time. And so there's a 21 possibility that I would have to transfer the money that I 22 budgeted for her from the contract line item to the 23 part-time staff line item, but I did put her money in here 24 under contract. But those are the contract people. 25 COMMISSIONER BALDWIN: Okay, that's something 2-14-05 125 1 else that we can work on. Is it required by law that you 2 have a psychologist and a -- and a psychiatrist? 3 MS. HARRIS: The psychologist does all of our 4 psychological testing, which is required by the State for 5 placements. She -- she does -- her firm does the 6 psychological testing for any kids that Kevin has; 7 consequently, that comes out of Kevin's budget. I have to 8 have a health -- I'm sorry. I have to have a mental health 9 professional that is on-call to do suicide assessments 10 anytime that we have to place a kid on suicide alert. 11 Dr. Quintanilla does not do that. 12 COMMISSIONER WILLIAMS: So, that is a 13 psychologist? 14 MS. HARRIS: That is the psychologist that 15 does that, and she is on-call. She comes out within 48 16 hours after we put a child on suicide alert to do a suicide 17 assessment. We have to do that. 18 COMMISSIONER BALDWIN: Is -- I'm trying to 19 get to a place. Dr. Quintanilla is -- does some mental 20 health things? 21 MS. HARRIS: Yes. 22 COMMISSIONER BALDWIN: Is he -- is he there 23 primarily for the alcohol and drug -- 24 MS. HARRIS: Yes. 25 COMMISSIONER BALDWIN: He doesn't do anything 2-14-05 126 1 else, actually. 2 MS. HARRIS: He can -- he can do medical 3 evaluations on kids that come in on psychostimulants, 4 psychotropic medication, where Dr. Watts cannot do that. 5 COMMISSIONER BALDWIN: Okay. Is that -- does 6 that happen occasionally? 7 MS. HARRIS: It happens quite often, yes. 8 COMMISSIONER BALDWIN: The reason for all 9 those questions was, I'm not real clear why we want to have 10 a psychiatrist on board when there is a state agency here in 11 town, the Hill Country Council on Alcohol and Drug Abuse, 12 that is capable of doing, I would think, individual 13 counseling as well as group counseling, if needed. I 14 understand your staff does the group -- 15 MS. HARRIS: Yes. 16 COMMISSIONER BALDWIN: -- counseling-type 17 thing. 18 MS. HARRIS: Yes. 19 COMMISSIONER BALDWIN: But what -- is 20 Dr. Quintanilla that person that does the individual -- 21 MS. HARRIS: Yes. 22 COMMISSIONER BALDWIN: -- counseling? 23 MS. HARRIS: Yes. 24 COMMISSIONER BALDWIN: And these folks could, 25 as well -- the TCADA people could -- they can't do 2-14-05 127 1 individual counseling? 2 MS. HARRIS: They do the groups. They could 3 do the groups, but I already have staff that does that. 4 COMMISSIONER BALDWIN: Okay. 5 MS. HARRIS: And they require a fee. 6 COMMISSIONER BALDWIN: So they don't do -- 7 MS. HARRIS: No. 8 COMMISSIONER BALDWIN: They can't do 9 individual one-on-one counseling? 10 MS. HARRIS: Correct. 11 COMMISSIONER BALDWIN: They're licensed to do 12 group counseling only? 13 MS. HARRIS: Now, I don't know what their 14 licensure is, but the licensure that I have requires so many 15 hours of individual counseling per resident. 16 COMMISSIONER BALDWIN: Mm-hmm. 17 MS. HARRIS: By a list of people that -- or a 18 list of professionals that I have to choose from. And my 19 understanding is that TCADA, when they approached me to 20 offer group counseling services, they are not able to do our 21 individual counseling because of the time requirement that I 22 require. Plus they also charge a fee. Granted, it's 23 probably cheaper than what Dr. Quintanilla is charging me, 24 but I can also use Dr. Quintanilla for medical evaluations. 25 COMMISSIONER BALDWIN: How much does he -- 2-14-05 128 1 does he charge? 2 MS. HARRIS: He's charging $150 an hour, plus 3 $1,000 a month retainer fee for program development. 4 COMMISSIONER WILLIAMS: He's subject to call 5 any time of day? 6 MS. HARRIS: No, sir. Now, if one of his 7 substance abuse kids goes into crisis, yes. But on 8 another -- on another child that is not on his case load, 9 no. 10 COMMISSIONER BALDWIN: A $1,000 retainer fee. 11 MS. HARRIS: Yes. 12 COMMISSIONER BALDWIN: That's a monthly fee? 13 MS. HARRIS: Yes. 14 COMMISSIONER BALDWIN: We pay him a thousand 15 bucks whether he does anything or not? 16 MS. HARRIS: Correct. 17 COMMISSIONER BALDWIN: Okay. 18 MS. HARRIS: That's correct. 19 COMMISSIONER BALDWIN: And then how much per 20 hour? 21 MS. HARRIS: $150 an hour. 22 COMMISSIONER BALDWIN: $150. Sounds like a 23 lawyer, $150 an hour. And, boy, I wish these folks here 24 could do that, because they charge $30 an hour. 25 MS. HARRIS: Mm-hmm. If they could do the 2-14-05 129 1 individual counseling, and they have the right professional, 2 licensed person, but then when it comes to psychotropic 3 medication evals, we'll have to go outside their scope, 4 'cause they can't do that. 5 COMMISSIONER BALDWIN: Well, I hear what 6 you're saying. It's just -- in my mind, I just think this 7 needs to be looked at a little bit closer. 8 MS. HARRIS: Well, they did approach me -- 9 COMMISSIONER WILLIAMS: See if there's some 10 avenue or possibility here. 11 MS. HARRIS: TCADA approached me -- 12 COMMISSIONER BALDWIN: She already has. 13 MS. HARRIS: -- and came out came to the 14 facility to offer their services as far as group counseling 15 is concerned. And I had -- I explained to them I already 16 have -- my staff that's already on board does that group -- 17 does those groups. So... 18 COMMISSIONER LETZ: Are you done? 19 COMMISSIONER BALDWIN: Yeah, right now. 20 COMMISSIONER NICHOLSON: I probably won't get 21 these kind of questions answered today, but I want to let 22 you know some of the things I'm thinking about, and it has 23 to do with fixed versus variable costs. 24 MS. HARRIS: Okay. 25 COMMISSIONER NICHOLSON: I see we've got a 2-14-05 130 1 budget here that's approximately $160,000 a month. Is it 2 $160,000 a month whether or not we have 50 children versus 3 20 children? 4 MS. HARRIS: Yes. 5 COMMISSIONER NICHOLSON: All of our costs are 6 fixed costs? 7 MS. HARRIS: No. Let me back up and correct 8 myself. No, 'cause your food costs would fluctuate. 9 COMMISSIONER NICHOLSON: How about people 10 costs? Employee costs? 11 MS. HARRIS: I'm not -- I can't think that it 12 would. Now, it's going to fluctuate when I get more kids, 13 'cause I have to have more staff to meet ratios. 14 COMMISSIONER WILLIAMS: Ratio-driven, just 15 like the jail is. 16 MS. HARRIS: Correct. 17 COMMISSIONER NICHOLSON: But this budget, 18 what census level is it based on? 19 MS. HARRIS: It's based on 48 in the old 20 building. As you will see, I gave you an attachment on 21 additional staff costs if we were to have to staff the new 22 building. I put that in that. 23 COMMISSIONER BALDWIN: "If" we were to have 24 to? 25 MS. HARRIS: Mm-hmm. 2-14-05 131 1 COMMISSIONER BALDWIN: "When" we do. Huh? 2 It isn't -- it's when we do. 3 MS. HARRIS: Mm-hmm. 4 COMMISSIONER WILLIAMS: When it becomes 5 necessary. 6 COMMISSIONER BALDWIN: Which is very soon. 7 COMMISSIONER WILLIAMS: We're hoping. 8 COMMISSIONER BALDWIN: I'm thinking. 9 MS. HARRIS: As soon as we get the Bexar 10 County contract approved by the County Attorney. 11 COMMISSIONER BALDWIN: Well, if you can get 12 these guys to agree to the contract stuff. 13 COMMISSIONER NICHOLSON: This is based on a 14 census of 48? 15 MS. HARRIS: Yes, that's correct. 16 COMMISSIONER BALDWIN: And the full load -- I 17 mean, I'm just going to hop on board here with his 18 questioning. If you filled up the whole facility, which 19 we're -- when we fill up the whole facility, then we're 20 talking about adding on another $297,000 for employees to 21 take care of that load? 22 MS. HARRIS: That's correct. 23 COMMISSIONER BALDWIN: Uh-huh. So, at what 24 point does -- are you going to ask for the $297,000 25 increase? 2-14-05 132 1 MS. HARRIS: When I get referrals to the 2 number that I would have to start using the new building, 3 and I would have to staff accordingly to that ratio. As we 4 increase the population in the new building, consequently, I 5 would have to increase staff, until we're to full capacity 6 in the new building. 7 COMMISSIONER BALDWIN: Okay, you lost me 8 there. No, she did not lose me, but I think my -- are we 9 talking -- let's say that she gets -- let's say that we fill 10 up in July. We get Bexar County in here and all these other 11 counties in, and the place fills up, and we need to go hire 12 $300,000 worth of new employees. Where -- where does that 13 money come from? 14 COMMISSIONER WILLIAMS: From the revenue 15 coming in from those per diems they charge for those 16 individual placements. 17 COMMISSIONER BALDWIN: Shall we just take 18 Bexar County's money and just lay it over there and -- 19 COMMISSIONER LETZ: Have to budget for it. 20 COMMISSIONER WILLIAMS: A portion of it, 21 yeah. It goes in -- we receive the -- we receive the per 22 diem rate per child, and that goes to offset the expenses. 23 COMMISSIONER BALDWIN: Offset. 24 MS. HARRIS: 24 kids in the new building 25 times $83 a day, 365 days of the year, is over $700,000 in 2-14-05 133 1 revenue. 2 COMMISSIONER LETZ: I think, to answer your 3 question, though, it comes out of the General Fund. Well, I 4 presume this is operating just like everything else. It 5 goes into the General Fund, and we -- we increase the 6 budget. 7 COMMISSIONER BALDWIN: Yeah, it comes out of 8 the reserves. That's what -- I just wanted to hear you say 9 it. 10 COMMISSIONER WILLIAMS: County Auditor is 11 sitting back there. 12 COMMISSIONER LETZ: No, it's not reserves. 13 If the revenue -- if the revenue stream is going into -- 14 you're increasing the revenue, increasing the budget. 15 COMMISSIONER BALDWIN: But you're increasing 16 the revenue by not -- not this much. 17 COMMISSIONER WILLIAMS: It could be 18 increasing it more. 19 COMMISSIONER LETZ: She just said it could 20 increase annually by $700,000. 21 COMMISSIONER BALDWIN: Yeah, but you're 22 dealing with salaries here. Once you increase the number of 23 people, you have grocery bills and electricity bills and all 24 of that is going to add up. We don't know that it's going 25 to -- it's going to be a wash at all. But if there -- if 2-14-05 134 1 there is more -- 2 COMMISSIONER LETZ: Well, if it's not a wash, 3 we're not filling it up. We might just want to leave it 4 empty. But I think it will. I mean, I don't think, based 5 on what Ms. Harris is saying, that it will offset that. 6 COMMISSIONER WILLIAMS: We're not going to go 7 from zero to 24 overnight. 8 MS. HARRIS: Correct. 9 COMMISSIONER WILLIAMS: But we're going to 10 get there. 11 MS. HARRIS: Yes, we are. 12 COMMISSIONER LETZ: But the -- okay. You 13 have other questions? I think I got sidetracked on that. 14 Any more? 15 COMMISSIONER NICHOLSON: Yeah, I -- for now. 16 I'm -- it's still hard to understand that staffing levels 17 are not sensitive to the activity level, number of 18 residents, but I think I'm beginning to see it a little bit. 19 You got to -- you got to have a cook for every meal, whether 20 or not you got 25 people or 50 people, I guess. Is that the 21 answer? 22 MS. HARRIS: Correct. You've got to have 23 somebody to cook the meals whether you've got one resident 24 or 76. 25 COMMISSIONER LETZ: Just like in the jail, we 2-14-05 135 1 staff in increments of 48 prisoners, whether we have, you 2 know, five or -- 3 COMMISSIONER WILLIAMS: Or 48. 4 MS. HARRIS: And we staff -- 5 JUDGE TINLEY: Different ratio. 6 MS. HARRIS: Exactly. It's a totally 7 different ratio. 8 COMMISSIONER WILLIAMS: Ratio-driven. 9 JUDGE TINLEY: Yes, it is. 10 COMMISSIONER LETZ: Back to your -- you made 11 -- your first comment was to hold off on this until they do 12 their magic over at that end of the table. I disagree. I 13 mean, I think you plug in the current salaries into all the 14 slots, the 101, 102, 103, 104, 105, 106, 107, and 108. Then 15 all the FICA, group insurance, retirement based on what 16 current salaries are. 17 MS. HARRIS: That's correct. 18 COMMISSIONER LETZ: And then the rest of it 19 we need to discuss and approve. 20 MS. HARRIS: Sure. 21 COMMISSIONER LETZ: I mean, I don't think we 22 can operate without having an approved budget. 23 COMMISSIONER BALDWIN: That's basically what 24 we said in the previous agenda item, is the -- the salaries 25 remain the same. But you're right, we need to move forward. 2-14-05 136 1 COMMISSIONER LETZ: They need to be -- I 2 don't know what numbers are in here. Whatever numbers are 3 currently being paid need to be plugged into those slots 4 here, and then we need to reapprove it. The question I have 5 is on overtime, $20,830. In every other department, we 6 pretty much don't have much overtime. 7 MS. HARRIS: Mm-hmm. 8 COMMISSIONER LETZ: Why do you -- why do you 9 think you need that much? 10 MS. HARRIS: Based on historical data that I 11 can -- that I have retrieved, the overtime has been quite 12 large at the facility. I've got a new policy that I've -- I 13 put in place almost two months ago in order to curtail the 14 amount of overtime. Based on the last quarter is what I'm 15 basing part of this on, my estimation of -- of what we had 16 to pay in overtime. I'm hoping that next quarter, that when 17 we have to pay out the overtime, it's going to be 18 substantially less than what it's been in the past, since I 19 put the new policy in place. I'm having people -- I'm 20 short-handed on the female J.D.O. side, and so some of my 21 female J.D.O.'s are having to work some overtime in order 22 for us to meet ratios. However, as we can, I'm trying to 23 let those people off to eat up that comp time. Sometimes I 24 can do that, sometimes I can't. It's a scheduling thing. 25 I'm about to be one male J.D.O. short come the end of 2-14-05 137 1 February. I'm having one male J.D.O. resign; he's going to 2 another county department, so I will have to fill that 3 position. I'm also, at the present time, trying to get 4 part-time people hired to fill in those gaps on a part-time 5 basis until I can get the facility financially more stable; 6 i.e., creating this budget for the next fiscal year, so I'm 7 trying to utilize part-time people just as much as I can. I 8 have a cook who had emergency medical surgery, so I'm down 9 to one cook, and she's working a lot of overtime. I have 10 another J.D.O. who's -- she's out on maternity leave. 11 COMMISSIONER LETZ: I guess what I'm saying, 12 though, is everything you're describing, just about, you can 13 put overtime to zero, and we can transfer money out -- or 14 not to zero, but to a lesser amount; we can transfer money 15 out of salaries, 'cause you're not using -- you have an 16 unused salary portion. If you have someone who quits all of 17 a sudden, you're freeing up that salary slot. 18 MS. HARRIS: Correct. 19 COMMISSIONER LETZ: And that money we can 20 move into overtime, which is what we tend to do in other 21 departments. 22 MS. HARRIS: And that's fine if you want me 23 to put that line item to zero. 24 COMMISSIONER LETZ: I don't mean zero. I 25 just think -- I mean, the -- I think it's a more -- you 2-14-05 138 1 know, I guess more in conformity with the way we're 2 operating the other county budgets to have the minimum 3 amount of overtime, and then we transfer money in from the 4 salaries that's unused. And I think it -- 'cause otherwise, 5 we're budgeting more than we need to budget, and that's just 6 a -- you know, that -- the other question I had, what is the 7 state supplement support? 8 MS. HARRIS: What that is, every certified 9 juvenile detention officer receives $59.37 per pay period 10 through the State. There are only 21 juvenile detention 11 officers that it's allotted for, so I have more than 21 12 certified juvenile detention officers, so their 13 supplemental -- their $59.37 every pay period supplement has 14 to come out of a line item budget, because I exceed the 21 15 juvenile detention officers. I called the director of 16 Fiscal Department for T.J.P.C. You cannot increase your 17 allotted number of slots for state reimbursement unless 18 another county gives up their slots, and the likelihood of 19 that is not very likely. 20 COMMISSIONER LETZ: Okay. With that being 21 said, when you are doing your magic down there, that's 22 something that needs to be included or taken into account. 23 COMMISSIONER WILLIAMS: We need to know more 24 about it. 25 MS. HARRIS: That's why I created a line 2-14-05 139 1 item. 2 COMMISSIONER LETZ: But for the part coming 3 from the State, the group that we're not having to pay for 4 locally, that also needs to be included in their salaries, 5 and the adjustment. Because if you -- I mean, we look at 6 total salaries. 7 MS. HARRIS: Right. 8 COMMISSIONER LETZ: Like, for the Judge, we 9 certainly look at his. 10 COMMISSIONER BALDWIN: Certainly tried to. 11 COMMISSIONER LETZ: We certainly try to look 12 at the state supplement every year. 13 COMMISSIONER WILLIAMS: We don't always get a 14 clear picture of it. 15 COMMISSIONER LETZ: Be nice. I think it's 16 very clear now in the budget. We have every line item. 17 Travel, $5,000. Whose travel is that? 18 MS. HARRIS: That's mine, Skeet's. 19 COMMISSIONER LETZ: You going skiing, you 20 said? You said you're going skiing? 21 MS. HARRIS: Skeet. 22 COMMISSIONER WILLIAMS: Skeet. 23 MS. HARRIS: If it meant I could get some 24 kids in there, I might. Travel expenses for myself, for 25 Skeet Wilbanks, placement officer. Transport -- 2-14-05 140 1 transportation when we have to transport kids, traveling for 2 legislative conferences or legislative sessions, things of 3 that nature. That's what travel is. But I put -- 4 COMMISSIONER WILLIAMS: That travel doesn't 5 equate to the travel involved in marketing, does it? 6 MS. HARRIS: The marketing expenses, like, 7 for hotel, food, printing up our brochures, P.R. 8 paraphernalia, such as our little tablets -- our little note 9 tablets that we hand out to conferences. 10 COMMISSIONER LETZ: I think we need to 11 differentiate between the travel a little bit as to the part 12 that -- especially the part that's gone to pick up kids and 13 do that kind of stuff. I mean, I think travel that you do 14 going to conferences and things of that nature is -- 15 anything that's your travel or your staff's travel kind of 16 on the marketing side, or going to conferences and all that 17 is one item. But anything related -- 18 COMMISSIONER WILLIAMS: Education, marketing. 19 COMMISSIONER LETZ: Yeah, educational type is 20 one item, and travel related to picking up kids, that is a 21 different line item, in my mind. 22 COMMISSIONER BALDWIN: I agree. 23 MS. HARRIS: So, you want a Transport Travel 24 line item? 25 COMMISSIONER WILLIAMS: That would make it 2-14-05 141 1 clearer. 2 MS. HARRIS: Okay. 3 COMMISSIONER LETZ: And then, under the 4 maintenance, there are -- you have two line items, one 5 Building and Grounds Maintenance for 31,336, and then 6 under -- under 572-105, there's a maintenance line item. 7 MS. HARRIS: Mm-hmm. 8 COMMISSIONER LETZ: That upper one is a 9 salary? 10 MS. HARRIS: Yeah -- yes, that's a salary for 11 my maintenance-slash-janitor person. He does both. 12 COMMISSIONER LETZ: That person's going to -- 13 long-term under the new plan, is going to start working for 14 the Maintenance Department. 15 MS. HARRIS: No. I've already discussed this 16 with Mr. Holekamp, and it's not in his budget. 17 COMMISSIONER LETZ: Mr. Holekamp hasn't 18 talked to this Court about that, so -- so I think that may 19 be on the table still. For right now, it's fine, but I 20 think long-term, maintenance is maintenance. That needs to 21 be run through the County. That's my personal feeling. 22 COMMISSIONER WILLIAMS: Does he do something 23 unique that Mr. Holekamp's staff would be unable to do? 24 MS. HARRIS: Well, his budget does not allow 25 for that person at this point in time. 2-14-05 142 1 COMMISSIONER LETZ: We're not changing it 2 now. I'm talking next year's budget. Maintenance is done 3 in the jail, and every other -- and every other building is 4 run through the Maintenance Department, and I think it needs 5 to -- that slot probably needs to get moved to Maintenance. 6 That's just -- I'm telling them down there so they can -- 7 COMMISSIONER WILLIAMS: Are you talking about 8 in the main budget beginning October 1? 9 COMMISSIONER LETZ: October 1 budget. That 10 probably needs to get shifted into Maintenance Department. 11 The grounds -- Building and Grounds Maintenance, what is 12 that for? 13 MS. HARRIS: That's for upkeep of the 14 buildings, any repairs that my maintenance person does, 15 supplies. It also included the compressor for the 16 refrigerator that we just had to buy, and the new coil, the 17 new air conditioning units on top of the building. And 18 that's what it -- 19 COMMISSIONER LETZ: I think we need to 20 probably separate that out into repairs as one item. I 21 think it's how we kind of do most of the other departments. 22 And then a maintenance item -- 23 COMMISSIONER BALDWIN: Just a second. Just a 24 second. Tommy, what is Line Item 450 in other budgets? 25 MR. TOMLINSON: It's just -- it's general 2-14-05 143 1 maintenance for -- for plant and equipment. 2 COMMISSIONER WILLIAMS: Which is custodial? 3 That's kind of -- I think there's some confusion here. Is 4 custodial cleaning up the interior of the building and the 5 restrooms and this and that and all that kind of stuff? 6 Would that be your 105 -- 572-105? That's really custodial? 7 (Mr. Tomlinson nodded.) 8 COMMISSIONER LETZ: What's salary? 9 MR. TOMLINSON: That's a salary. 10 MS. HARRIS: That's a salary. The 105 is a 11 salary. 12 COMMISSIONER WILLIAMS: Got you, okay. But 13 custodial, then, is mixed in with your 450 line. 14 MS. HARRIS: That's correct. 15 COMMISSIONER WILLIAMS: Is that the way we 16 normally do it, Tommy? 17 MR. TOMLINSON: Essentially, yes. 18 COMMISSIONER WILLIAMS: Okay. 19 COMMISSIONER LETZ: I think we have repairs 20 broken out as a separate item. 21 MR. TOMLINSON: Well, not really. I mean, if 22 there's major repairs, we have, because we have a -- in the 23 Courthouse Maintenance budget, we have two line items. One 24 of them is for major -- 25 COMMISSIONER LETZ: Right. 2-14-05 144 1 MR. TOMLINSON: -- repairs. The other one's 2 just for normal, everyday maintenance. 3 COMMISSIONER WILLIAMS: We operate them by 4 major versus routine? 5 MR. TOMLINSON: And that's the same -- same 6 issue, I think, with the -- with maybe the Ag Barn. However 7 -- but the jail, maintenance of the jail, it has a separate 8 budget for -- just for maintenance, 'cause we have a -- we 9 have a person that works in that Maintenance Department. 10 COMMISSIONER LETZ: Right. 11 MR. TOMLINSON: And I think it's just 12 entitled Jail Maintenance. So I don't -- I don't think we 13 differentiate. 14 COMMISSIONER LETZ: Okay. So -- but -- but 15 on major repairs, the things that we approved at our last 16 meeting or meeting before, the freezers and all that, the 17 way we handle that county-wide is that comes out of the 18 Commissioners Court budget? Do we have -- or 19 Nondepartmental budget? We have that Major Repairs item. 20 MR. TOMLINSON: No, it's in Courthouse 21 Maintenance. 22 COMMISSIONER LETZ: Courthouse Maintenance 23 budget? 24 MR. TOMLINSON: Yes. 25 COMMISSIONER WILLIAMS: Yeah. 2-14-05 145 1 COMMISSIONER LETZ: So, that -- but it would 2 -- it's not in the individual department budget, is what I'm 3 saying. So in next budget year, that needs to be included 4 in the big maintenance budget, and not in your specific 5 budget. 6 MS. HARRIS: So I don't have to put major 7 repairs in? 8 COMMISSIONER WILLIAMS: You would -- you 9 would advise us what you think it's going to be, what you're 10 anticipating, and it'll get lumped in with our majors. 11 MS. HARRIS: Okay. 12 COMMISSIONER LETZ: It will come under 13 Maintenance as opposed to under you personally. But it's -- 14 okay, those are my comments. 15 COMMISSIONER WILLIAMS: I have a question, 16 Becky, with respect to 205, Step Increases. Is this what 17 you anticipate for staff between now and the end of this 18 year? 19 MS. HARRIS: Correct. Correct. People that 20 have been either with -- with the County or with us at the 21 facility one year, or their third anniversary step increase, 22 one of the two. 23 COMMISSIONER WILLIAMS: As per our current 24 policy? 25 MS. HARRIS: Yes, per your policy. 2-14-05 146 1 MR. TOMLINSON: I'd like for that to be moved 2 into -- 3 COMMISSIONER LETZ: Salaries. 4 MR. TOMLINSON: -- to salaries, where -- 5 where they belong. 6 COMMISSIONER LETZ: Right, I agree. 7 MR. TOMLINSON: Just from a payroll 8 standpoint, it's kind of a mechanical thing. It would be 9 difficult for the payroll system to work correctly with -- 10 by trying to take salaries from numbers of line items. 11 COMMISSIONER WILLIAMS: Well, typically, when 12 we do the real -- the real annual budget in October, all of 13 these lines that Ms. Harris has identified, 101 down through 14 whatever, are going to be salaries. 15 MR. TOMLINSON: Oh, yeah. 16 COMMISSIONER WILLIAMS: One line, just 17 salaries, right? 18 MR. TOMLINSON: Mm-hmm. 19 COMMISSIONER WILLIAMS: That would include 20 the steps? 21 MR. TOMLINSON: Yes. 22 COMMISSIONER WILLIAMS: You've just broken 23 them down now so we can see -- 24 MS. HARRIS: Exactly. 25 COMMISSIONER WILLIAMS: For our purposes, we 2-14-05 147 1 can see what we've got out there. 2 MS. HARRIS: I wanted you to know, without 3 any confusion, exactly what I expect expenditures to be 4 between now and September 30th. 5 COMMISSIONER WILLIAMS: And for what purpose. 6 MS. HARRIS: Yes, and for what purpose, 7 exactly. 'Cause I didn't want you to see large salaries and 8 not understand that some of those are based on their 9 anniversary between now and then -- now and September. 10 COMMISSIONER BALDWIN: Barbara, are these 11 step increases, are they -- are they actual numbers? 12 MS. NEMEC: They are actual numbers, and the 13 way those are handled with every other department, depending 14 what position and what line item that position is charged 15 to, the step increase is built into that number. So, when 16 we get together for next year's budget, we'll have to figure 17 out when the anniversary dates will come due and whose 18 position, and then put that number in there. 19 COMMISSIONER BALDWIN: Okay. 20 COMMISSIONER WILLIAMS: Which is typically 21 what we do now for all of the departments. 22 MS. NEMEC: Yeah, the way I do it for every 23 other department. 24 COMMISSIONER BALDWIN: You and I don't do 25 that. 2-14-05 148 1 COMMISSIONER WILLIAMS: No, I mean the 2 corporate "we." 3 COMMISSIONER LETZ: Ms. Harris, I -- my last 4 comment would be, I would ask that you bring this back at 5 our next meeting so we can approve it, but I think that you 6 can lump 205 and then 106 and 105, 104, 103 and 102, and 7 part of 101 -- not your salary, but any other administration 8 costs -- into one line item as salaries, and then just give 9 us a position schedule, the number of employees that you 10 have currently, what it is. Doesn't that work? 11 MS. NEMEC: No, I think the way she has it 12 broken down up to 107, all those are good, because they're 13 like the other departments. The different positions, like 14 clerks, are out of one line item. 15 COMMISSIONER LETZ: Okay. 16 MS. NEMEC: Jailers are out of another. So 17 she's got the right idea up at the top. The only thing is 18 that 205 needs to be divided into 101 through 106 -- 19 COMMISSIONER LETZ: Okay. 20 MS. NEMEC: -- accordingly. 21 COMMISSIONER WILLIAMS: Let's keep in mind, 22 this is an interim budget until we get to October. 23 COMMISSIONER LETZ: Right. But, I mean, 24 we're still going to have something that we're going to 25 approve at our next meeting. When this -- maybe we can 2-14-05 149 1 approve this one, the way it sounds like. 2 COMMISSIONER WILLIAMS: I think we could. 3 MS. NEMEC: Like, in the jail, the cooks, 4 they have their own separate line item. 5 COMMISSIONER LETZ: Right. You're right. 6 MS. NEMEC: And on and on. 7 COMMISSIONER LETZ: Either -- 8 MR. TOMLINSON: That's helpful for -- 9 COMMISSIONER WILLIAMS: Pardon? 10 MR. TOMLINSON: Keeping it by the type of 11 function helps the Treasurer with -- with worker's comp 12 compensations, because our worker's comp is based on the 13 type of employee. And so if we already have it broken out 14 in the budget, then we don't have to -- she doesn't have to 15 go in and extrapolate what types of employees are in -- are 16 in Item 102, for instance. 17 COMMISSIONER LETZ: So the only -- 18 MR. TOMLINSON: It's already done. 19 COMMISSIONER LETZ: The only thing that needs 20 to be done is, then, the step increase needs to be put into 21 the rest of it. 22 COMMISSIONER WILLIAMS: Into the lines where 23 it belongs. 24 COMMISSIONER LETZ: The rest of it's okay. 25 COMMISSIONER WILLIAMS: I think we need to 2-14-05 150 1 give Ms. Harris the ability to operate with -- with this 2 budget. It's an interim budget between now and October. 3 The Commissioner and I will be working with her to get these 4 things nailed down for future. 5 COMMISSIONER LETZ: Tommy? 6 MR. TOMLINSON: I don't -- I don't know if 7 the Court wants to do this or not, but I would like to see a 8 -- a revenue budget. 9 COMMISSIONER WILLIAMS: I was just going to 10 get to that. We need to see a revenue -- a monthly revenue 11 stream, what's coming in. This is what's going out. We'd 12 like to know what's coming in. 13 MR. TOMLINSON: And the reason for it is, if 14 we could go ahead and predetermine how much we need to 15 transfer from -- from the General Fund over to this fund, 16 rather than do it piecemeal every court date, I'd like to 17 see us do that if we can. Or -- or make an estimate of what 18 it'll be from now through the end of this fiscal year. 19 COMMISSIONER LETZ: Tommy, does this 20 department operate differently in that the revenue stays in 21 this department, as opposed to going to the General Fund? 22 MR. TOMLINSON: Yes, it will stay in the 23 department. It's -- I treat it -- I would treat it as a 24 special revenue fund. Because -- 25 COMMISSIONER LETZ: Okay. 2-14-05 151 1 MR. TOMLINSON: Because the revenue is -- is 2 specifically for this purpose. And so that's the way we 3 treat all funds other than the General Fund. 4 COMMISSIONER LETZ: But, for example, I mean, 5 in the jail, the money we get for the jail inmates that come 6 in, that goes to the General Fund, correct? 7 MR. TOMLINSON: That's correct. 8 COMMISSIONER LETZ: So this is -- 9 MR. TOMLINSON: But it -- but it's -- the 10 primary source of funding for that department is ad valorem 11 taxes also. 12 COMMISSIONER LETZ: Okay. 13 MR. TOMLINSON: That's the reason. 14 COMMISSIONER NICHOLSON: Do we also have a 15 capital budget in addition to these line items that we've 16 talked about? Are there major capital expenditures that 17 aren't part of this budget? 18 COMMISSIONER WILLIAMS: We should have for a 19 full budget, but do you anticipate any this year? 20 MS. HARRIS: Not at this time, I don't. 21 COMMISSIONER NICHOLSON: So, two weeks from 22 now we ought to have a good idea of what our costs are, 23 including -- well, we don't -- we're not going to have any 24 coupons to pay this year. Going to have a good idea what 25 our costs are, what our revenues are, and what the net 2-14-05 152 1 impact on Kerr County is through the end of this budget 2 year? 3 COMMISSIONER LETZ: Correct. 4 COMMISSIONER WILLIAMS: I think you just -- 5 did you bring a revenue sheet? 6 MS. HARRIS: Yes, I did. 7 COMMISSIONER WILLIAMS: Ms. Mitchell has it. 8 MS. HARRIS: Yes, she's making copies for 9 you. It's the billing that we sent out for January. 10 COMMISSIONER WILLIAMS: While we're waiting, 11 tell us what new counties came online. 12 MS. HARRIS: We have Swisher County, which is 13 Tulia. Hood, Moore, Gray -- and I don't have my list; 14 there's two more, and I can't think who they are. There's a 15 total of six. Total of six new counties that are coming on 16 board. We have an Upshur County kid that'll be going to 17 court the -- end of this month. Thank you, ma'am. 18 COMMISSIONER LETZ: What time would you guess 19 we'll be pretty close to 48 occupancy? 20 MS. HARRIS: We -- by the way, over the -- on 21 Friday, we broke our -- in the 20's population; we were 30 22 on Friday, and today we're 29. So, the answer to your 23 question -- I'm not going to predict. I believe it's going 24 to be soon, with these new counties coming on board, and 25 when we get everything approved by the Court and get 2-14-05 153 1 everything signed for the Bexar County contract and they can 2 start sending us kids. They are very interested in the 3 substance abuse program. But here is your revenues for the 4 month of January. 5 COMMISSIONER BALDWIN: Becky, of those 29, 6 how many are Kerr County kids? 7 MS. HARRIS: Four, of the long-term. Four 8 long-term kids. 9 COMMISSIONER WILLIAMS: How many Kerr County 10 kids are elsewhere, Kevin? 11 MR. STANTON: Four, at this point. 12 COMMISSIONER NICHOLSON: January, we had 13 somewhere the high 20's census? 14 MS. HARRIS: January -- we averaged 23 kids 15 in the month of January. 16 JUDGE TINLEY: 23? 17 MS. HARRIS: 23. 18 COMMISSIONER WILLIAMS: So, the second page 19 adds the 2,700 to 58,000? 20 JUDGE TINLEY: Mm-hmm. 21 MS. HARRIS: Yes. 22 COMMISSIONER LETZ: Roughly 60,000 -- be 23 61,000. 24 MS. HARRIS: That's -- 'cause your second 25 page is your medical. That would be reimbursed. 2-14-05 154 1 COMMISSIONER WILLIAMS: Oh, I see it, yeah. 2 MS. HARRIS: We're trying to arrange it with 3 our different medical providers to bill the counties 4 directly; take us completely out of that loop. 5 COMMISSIONER WILLIAMS: That'd be nice. 6 MS. HARRIS: But there are some of our 7 medical entities that will not do that. They want their 8 money up front, rather than have to bill and wait 30 to 60 9 days for a county to reimburse them that -- pay their bill, 10 so they won't do that. 11 COMMISSIONER BALDWIN: Can't blame them. I 12 don't blame them. 13 COMMISSIONER WILLIAMS: Well, let's see if we 14 can make something happen here. 15 MS. HARRIS: Okay. 16 COMMISSIONER WILLIAMS: I would move the 17 proposed budget with the changes and suggestions for the 18 Kerr County Juvenile Facility, all functions for the period 19 2-01-05 through 9-30-05, with all of the suggested changes. 20 JUDGE TINLEY: Be approved? 21 COMMISSIONER WILLIAMS: Be approved. 22 COMMISSIONER BALDWIN: Suggested changes 23 meaning moving -- 24 COMMISSIONER WILLIAMS: The things -- 25 COMMISSIONER BALDWIN: -- janitorial 2-14-05 155 1 services? 2 COMMISSIONER WILLIAMS: The suggestions that 3 were -- yeah, that came up. 4 COMMISSIONER BALDWIN: Overtime and all that 5 stuff that we talked about? 6 COMMISSIONER WILLIAMS: Mm-hmm. 7 COMMISSIONER LETZ: I'm not sure what we 8 said. I mean, my preference would be to bring it back in 9 two weeks, or approve it as it is, almost. I mean, I 10 don't -- the changes -- I'm reluctant to do one with changes 11 unless we have the changes specified. 12 COMMISSIONER WILLIAMS: Then I move approval 13 of it as presented. 14 COMMISSIONER BALDWIN: Well, -- 15 MS. NEMEC: It's my understanding that if 16 there isn't a budget in place, then I don't have authority 17 to pay those employees that are out there, so we at least 18 need to approve the salaries. 19 COMMISSIONER BALDWIN: There's a savings. 20 COMMISSIONER NICHOLSON: So we could approve 21 this now and modify it in two weeks. 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER WILLIAMS: That's right. 24 COMMISSIONER NICHOLSON: I'll second. 25 JUDGE TINLEY: Motion made and seconded for 2-14-05 156 1 approval as presented. Any further question or discussion? 2 COMMISSIONER LETZ: And it -- you'll make the 3 changes that you think you heard us say and bring them back 4 in two weeks? 5 MS. HARRIS: I'll give you a copy of it in -- 6 day after tomorrow. 7 COMMISSIONER LETZ: Thank you. 8 JUDGE TINLEY: Any further question or 9 discussion? All in favor of the motion, signify by raising 10 your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. Thank 15 you, Ms. Harris. 16 MS. HARRIS: Yes. 17 JUDGE TINLEY: Next item is to consider, 18 discuss, and take appropriate action to waive O.S.S.F. plat 19 review and inspection fees for the Center Point Independent 20 School District's trade school building project. 21 Commissioner Williams. 22 COMMISSIONER WILLIAMS: Mr. Arreola brought 23 to my attention that the project was underway, and if we 24 didn't waive the fees for C.P.I.S.D's trade school building 25 project, we'd be sending out some bills. So, I'd like for 2-14-05 157 1 the Court to consider waiving the fees and allowing them to 2 move forward on their project. 3 COMMISSIONER BALDWIN: Does -- let me ask you 4 a question. Does waiving the fees mean that there will be 5 no inspections at all? 6 COMMISSIONER WILLIAMS: No. 7 MR. ARREOLA: There will be inspections. 8 COMMISSIONER BALDWIN: I'm all in favor of 9 waiving the fees. 10 COMMISSIONER WILLIAMS: Would that be a 11 second to my motion? 12 COMMISSIONER BALDWIN: Oh, sure. I didn't 13 realize you made one. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item. Any question or discussion? 16 COMMISSIONER LETZ: Well, I'm thinking -- I'm 17 trying to go through in my head as to what fees -- you know, 18 I don't know that -- anything that we're out-of-pocket, I 19 think we should be reimbursed by the school district. I 20 mean, I don't think we should make money on it, but I'm not 21 -- I'm trying to figure out, you know -- 22 COMMISSIONER BALDWIN: Well, I agree with 23 that. 24 COMMISSIONER LETZ: -- what would be 25 out-of-pocket. 2-14-05 158 1 COMMISSIONER WILLIAMS: What's out-of-pocket? 2 MR. ARREOLA: For the plat review process, 3 it's $220. 4 COMMISSIONER LETZ: But I have no problem -- 5 MR. ARREOLA: That's the normal fee. 6 COMMISSIONER WILLIAMS: Pardon? 7 MR. ARREOLA: That's the normal fee. That's 8 what we charge normally. 9 COMMISSIONER WILLIAMS: What expenses are we 10 out-of-pocket? 11 MR. ARREOLA: Oh, just the time we take. 12 COMMISSIONER LETZ: Just your time? That's a 13 fixed cost, basically. Is there anything in the Clerk's 14 office that -- 15 MS. ALFORD: The recording fee for that 16 application to be filed. 17 COMMISSIONER LETZ: I don't have any problem 18 waiving that. I was hesitating -- I wanted to think -- to 19 make sure we weren't spending taxpayers' dollars for Center 20 Point School. 21 COMMISSIONER BALDWIN: We could send the bill 22 over to Headwaters for them to pay. 23 COMMISSIONER LETZ: Okay, we can do that. 24 JUDGE TINLEY: I think you can just leave us 25 a check here today, can't you? 2-14-05 159 1 MR. MORGAN: Sure. 2 COMMISSIONER BALDWIN: Personal check. 3 COMMISSIONER LETZ: Okay, I'm ready to vote. 4 JUDGE TINLEY: Any further question or 5 discussion on the motion? All in favor of the motion, 6 signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Does 11 any member of the Court have anything to go into executive 12 session about? Hearing none, we'll move on with the 13 approval agenda. Payment of the bills. 14 COMMISSIONER NICHOLSON: Move we pay the 15 bills. 16 COMMISSIONER BALDWIN: I second that emotion. 17 JUDGE TINLEY: Motion made and seconded for 18 payment of the bills. Do we have any -- have any questions? 19 I've got a couple of questions on Page 8 and on Page 10. 20 Last two items of the County Jail budget, and then on Page 21 10, those same two items appear, from the same invoice 22 apparently, on the Sheriff's Department budget. Invoices 23 065 and 066. 24 MR. TOMLINSON: I don't -- I don't recall a 25 bill, but I'm sure that we split the bill between the two 2-14-05 160 1 departments. It says half, so -- I have to look at it to 2 see. 3 COMMISSIONER BALDWIN: What's the number? 4 COMMISSIONER LETZ: 172 -- 5 MR. TOMLINSON: 172066. 6 JUDGE TINLEY: 065 and 066. 7 COMMISSIONER WILLIAMS: Where does it appear 8 to begin, Judge? 9 JUDGE TINLEY: Page 10 and Page 8. 10 (Discussion off the record.) 11 COMMISSIONER LETZ: How'd you catch that? 12 I'm impressed. 13 JUDGE TINLEY: Eagle eye. 14 COMMISSIONER NICHOLSON: Can't sleep at 15 night. 16 COMMISSIONER BALDWIN: 065 -- oh, wrong -- 17 I'm sorry, Tommy. 18 MR. TOMLINSON: Must be in the back. 19 COMMISSIONER BALDWIN: Five miles back. 20 (Discussion off the record.) 21 MR. TOMLINSON: It's right here. 22 COMMISSIONER BALDWIN: I knew where it was. 23 COMMISSIONER LETZ: What was the total? 24 MR. TOMLINSON: Total's $240. So -- 25 JUDGE TINLEY: Okay. Okay. You split it, 2-14-05 161 1 then. All right. 2 COMMISSIONER LETZ: That's it. 3 JUDGE TINLEY: Okay. Let's go to Page 10, 4 then, and 172144. 5 COMMISSIONER LETZ: Where are you? 6 JUDGE TINLEY: Down -- about two-thirds of 7 the way down the page. 8 COMMISSIONER LETZ: Okay, I see it. 9 JUDGE TINLEY: I think that has to do with a 10 198th case. 11 COMMISSIONER WILLIAMS: Juvenile Probation. 12 Which line? 13 JUDGE TINLEY: 172. 14 MR. TOMLINSON: Who's it payable to, Judge? 15 JUDGE TINLEY: King. 16 COMMISSIONER LETZ: Pamela Rae King. 17 MR. TOMLINSON: Probably does. 18 COMMISSIONER BALDWIN: Did you say 144? 19 JUDGE TINLEY: 172144, correct. 20 MR. TOMLINSON: That -- that's not -- that 21 number -- case number is not a 198th case number, though. 22 Yeah, okay, it is -- it's a district court. We've got the 23 wrong number on it. 24 JUDGE TINLEY: Okay. Go on up to 171995. I 25 think that's a County Court at Law case. 2-14-05 162 1 COMMISSIONER BALDWIN: 995? 2 JUDGE TINLEY: Yeah, mm-hmm. 3 MR. TOMLINSON: Yeah, that is too. 4 JUDGE TINLEY: County Court at Law case? 5 MR. TOMLINSON: Yeah. 6 JUDGE TINLEY: Yeah, appears to be. 7 MR. TOMLINSON: That's right. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER WILLIAMS: We pay them, but we 10 move them to the right spot? 11 MR. TOMLINSON: We can do journal entries to 12 fix that. 13 COMMISSIONER NICHOLSON: On Page 10, Juvenile 14 Probation, what is that item -- last item under Juvenile 15 Probation, $800 for parenting classes? 16 JUDGE TINLEY: That's a transitional living 17 program that is taught by that psychologist -- that 18 counselor to the parents of children that are in a placement 19 situation. It's a group course. 20 COMMISSIONER NICHOLSON: Thank you. 21 JUDGE TINLEY: Actually, we get reimbursement 22 of state funds for those to continue, don't we? Any further 23 questions or discussion? With those corrections, all in 24 favor, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 2-14-05 163 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Budget 4 Amendment Request Number 1. 5 MR. TOMLINSON: Number 1 is for Road and 6 Bridge. We need to transfer $448 from Group Insurance line 7 item to Vehicle Insurance line item. I have a -- and I have 8 a late bill attached to this to J.I. Specialty Risk 9 Insurance Agency for $2,854. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER NICHOLSON: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of Budget Amendment Request Number 1 and payment of 14 a late bill and hand check to J.I. Specialty Risk, $2,854. 15 Any question or discussion? All in favor of the motion, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion does carry. Budget 21 Amendment Request 2. 22 MR. TOMLINSON: Number -- Number 2 is for our 23 J.P. Precinct 4. His request is to transfer $100 from 24 Miscellaneous to Machine Repairs. 25 COMMISSIONER NICHOLSON: Move to approve. 2-14-05 164 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Any question or discussion? All in favor of the 4 motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. 9 Budget Amendment Request 3. 10 MR. TOMLINSON: I want to change this. After 11 reviewing her budget, I did find a place to move that $1,000 12 from. It's Software Maintenance. It's Line Number 13 10-403-563, so I would recommend we move the $1,000 from 14 that line item to Notices. 15 COMMISSIONER LETZ: So moved. 16 COMMISSIONER NICHOLSON: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval of Budget Amendment Request Number 3, as modified. 19 Any question or discussion? 20 COMMISSIONER BALDWIN: Question. I'm 21 assuming if -- if you came along and did something like that 22 to my budget, I'd be mad at you, without you talking to me 23 about it first. 24 MR. TOMLINSON: I cleared it with her deputy. 25 COMMISSIONER BALDWIN: Very good. That was 2-14-05 165 1 my question. That was just a question, thank you. I would 2 still be mad. 3 MR. TOMLINSON: Well, I knew -- I knew that 4 this wouldn't fly, this surplus thing. So -- 5 COMMISSIONER BALDWIN: Yeah, you're right. 6 You did a good job. 7 MR. TOMLINSON: So that's why I cleared it. 8 I do -- I do have another request. 9 JUDGE TINLEY: Okay. Well, just let us clear 10 this one up. Or is it in connection with this same thing? 11 MR. TOMLINSON: No, it's not. Okay, go 12 ahead. 13 JUDGE TINLEY: Any further question or 14 discussion on that particular motion? All in favor of the 15 motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does pass. Do you 20 have another budget amendment? 21 MR. TOMLINSON: Well, we need to transfer 22 cash from the General Fund to pay the Juvenile Detention 23 payroll for tomorrow. We have 47,000 -- $47,600 in cash as 24 I speak. 25 COMMISSIONER LETZ: Didn't we just do that, 2-14-05 166 1 though? 2 MR. TOMLINSON: No. 3 COMMISSIONER LETZ: We approved the -- her 4 budget, put the money in all those funds. 5 JUDGE TINLEY: Yeah, that would include for 6 the -- it started beginning February 1. 7 COMMISSIONER WILLIAMS: We just did it. 8 MR. TOMLINSON: Yeah, but we don't -- I don't 9 have the cash to make the payment. 10 COMMISSIONER LETZ: I mean, I -- I -- 11 COMMISSIONER WILLIAMS: What do you need? 12 MR. TOMLINSON: I need $36,000. 13 COMMISSIONER WILLIAMS: So, what are you 14 saying? We need an emergency transfer to -- 15 MR. TOMLINSON: I need authority to transfer 16 the funds from -- from the General Fund to Fund 76. 17 COMMISSIONER WILLIAMS: Which would be in 18 keeping with the budget we just did? 19 MR. TOMLINSON: Yes. 20 COMMISSIONER WILLIAMS: So moved. 21 COMMISSIONER LETZ: Second, I think, but let 22 me ask a question. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the request. 25 COMMISSIONER LETZ: So, since this is a 2-14-05 167 1 dedicated fund out there, once you get the revenue in -- we 2 have the budget for that. Once we get the revenue side of 3 it, then we'll make a lump-sum transfer in? 4 MR. TOMLINSON: That's my -- 5 COMMISSIONER LETZ: This is part of that lump 6 sum? 7 MR. TOMLINSON: That was my request a while 8 ago. That was my purpose for asking that question. 9 COMMISSIONER LETZ: Okay, thank you. 10 JUDGE TINLEY: Any further question or 11 discussion? 12 COMMISSIONER BALDWIN: This is strictly 13 salaries? 14 MR. TOMLINSON: This is for salaries. The -- 15 the fund requirements for -- for this fund today -- or the 16 bills today was 22,234. I estimate the payroll to be 17 60,000. That -- the negative cash flow or cash amount 18 needed was -- I estimate to be 35,634, so I'm asking for 19 36,000. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER BALDWIN: And we're declaring an 22 emergency and going into reserves? 23 MR. TOMLINSON: No, because you approved the 24 budget. We did -- we are -- we increased the budget already 25 by -- by the action today. All I'm asking for is a transfer 2-14-05 168 1 of cash from -- from one place to the next. 2 COMMISSIONER WILLIAMS: That's the motion. 3 JUDGE TINLEY: Any further question or 4 discussion? All in favor of the motion, signify by raising 5 your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. Do you 10 have any late bills? 11 MR. TOMLINSON: That's it. 12 JUDGE TINLEY: Okay. I have here before me 13 transcripts, Special Session, Saturday, January 1, 2005; 14 Emergency Session, Monday, January 3, 2005; Emergency 15 Session, Wednesday, January 5, 2005; Regular Session, 16 Monday, January 10, 2005; Special Session, Monday, 17 January 24, 2005; Special Session, Wednesday, January 26, 18 2005; Special Session, Thursday, January 27, 2005; Special 19 Session, Friday, January 28, 2005. Do I hear a motion that 20 these transcripts be approved as presented? 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the named transcripts as presented. Any 25 question or discussion? All in favor of the motion, signify 2-14-05 169 1 by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Also, 6 I have before me monthly reports from the Sheriff, Justice 7 of the Peace Precinct 4 for December '04, Road and Bridge, 8 Justice of the Peace Precinct 2, County Clerk, Justice of 9 the Peace Precinct 3, Justice of the Peace Precinct 1, 10 District Clerk, Environmental Health Department, and Justice 11 of the Peace Precinct 4 for January 2005. Do I hear a 12 motion that these reports -- 13 COMMISSIONER BALDWIN: Judge, there wasn't -- 14 there were -- Constable 1 wasn't in there? I turned it in. 15 JUDGE TINLEY: It's not with these. I recall 16 also seeing one from Constable 1, but it didn't make it to 17 the Clerk to get included. 18 COMMISSIONER BALDWIN: Is that what I need to 19 do, is get it -- that's generated through the Clerk's 20 office? 21 JUDGE TINLEY: Yeah. 22 COMMISSIONER BALDWIN: Okay. All right. 23 JUDGE TINLEY: And we can do that. 24 COMMISSIONER WILLIAMS: How about Constable 25 2? Did he -- 2-14-05 170 1 MS. ALFORD: No, I don't have one for him. I 2 don't think I have any from any constables this time. 3 COMMISSIONER BALDWIN: No. 4 JUDGE TINLEY: Did I hear a motion that these 5 reports be presented as approved? 6 COMMISSIONER BALDWIN: I'd like to make one. 7 JUDGE TINLEY: All right. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded. Any 10 question or discussion? All in favor of the motion, signify 11 by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. Do we 16 have any reports from any of the Commissioners? 17 COMMISSIONER BALDWIN: No. 18 JUDGE TINLEY: Do we have any reports from 19 any of the other Commissioners? 20 COMMISSIONER LETZ: I have a very quick -- 21 I'll do it at our next meeting. Region J has some things to 22 report on how we're doing some things that are sort of 23 leading the state once again. 24 COMMISSIONER BALDWIN: That's excellent. Why 25 don't you report on our 9-1-1 meeting? I mean, we could 2-14-05 171 1 probably have lunch about 3:00 this afternoon. 2 COMMISSIONER LETZ: I don't -- you didn't 3 want to report on it. I won't either. 4 COMMISSIONER BALDWIN: Thank you, 5 Commissioner. I appreciate that. 6 JUDGE TINLEY: Any reports from elected 7 officials? 8 MR. EMERSON: Just myself, given that I 9 didn't know I could submit a written report. I'll do that 10 next time and save the Commissioners Court time, so I 11 apologize for that. In the month of January, our Hot Check 12 fund, we currently have the audit in progress as approved by 13 the Court; anticipate getting results back this month. The 14 new sub-account in the county treasury is set up and 15 functioning, as I understand it, and we transferred 16 unclaimed funds to the county treasury of $392.22 for last 17 year. 18 COMMISSIONER WILLIAMS: What was that number 19 again? 20 MR. EMERSON: $392.22. And that's basically 21 funds that are allocated toward merchants for reimbursement 22 and restitution, and they're unclaimed for three years, so 23 we move them to the county treasury. County Court at Law, 24 we filed 247 cases. Juvenile court, we filed approximately 25 20 cases. And we filed six protective orders in the month 2-14-05 172 1 of January, as well as covering all the Justice of the Peace 2 courts. We've also implemented changes in procedures in the 3 County Court at Law and juvenile court system to try to 4 expedite the transfer of cases and facilitation thereof. 5 Computer issues -- unfortunately, John stepped out, but he's 6 been doing an excellent job down in our department. We're 7 on a separate server, as this Court's aware, and there's 8 been a little bit of a rough transition trying to learn what 9 was inside that server and how it's programmed. And since 10 he's been on board, he's done an excellent job getting our 11 computers back online and facilitating that. Our backup is 12 in place and working. We're storing the tapes in the County 13 Clerk's vault, with her permission, so those are in a 14 fire-protected location. 15 Law enforcement, we're issuing disposition 16 sheets on all the disposed cases now, which was not done in 17 the past, so the officers don't have to go back on computers 18 and try to figure out what happened to their cases. This 19 includes not only the ones that are disposed of in court, 20 but if we decide not to accept a case, we're putting 21 detailed explanations on there why so that the officer can 22 learn from the case and adjust accordingly next time. Crime 23 Victims Coordinator, she's working with 26 new victims in 24 the month of January. Anticipate a lot more. We finally 25 got the bugs out of the system between us and Kerrville 2-14-05 173 1 Police Department, and those cases are flowing smoothly now. 2 We have a conference that we've scheduled in March with the 3 Attorney General's office that we're sending invitations to 4 all the local law enforcement, school district officials, 5 and it concerns search and seizure in the schools, and that 6 should get Kerr County a little exposure. And that's all I 7 have, unless y'all have some questions. 8 COMMISSIONER WILLIAMS: Mr. County Attorney, 9 I want to say to you, that's the first time in six-plus 10 years I've heard a report on the activities of the County 11 Attorney, and I thank you, and I appreciate it. 12 MR. EMERSON: Thank you. 13 COMMISSIONER BALDWIN: Hear, hear. 14 COMMISSIONER NICHOLSON: Hear, hear. 15 JUDGE TINLEY: Thank you, sir. Do we have 16 any other reports from any other elected officials? 17 COMMISSIONER BALDWIN: No. 18 JUDGE TINLEY: Do we have any reports from 19 any department heads? 20 MS. HARRIS: The only thing I want to say is, 21 I just want to concur with what the County Attorney said 22 about our new I-Tech person that the Court hired. He has 23 already come out to the facility, assessed our computer 24 system, and has made several really good, valid suggestions 25 on getting us where we need to -- need to be 2-14-05 174 1 technology-wise, and I just want to say he's already been 2 out there and done a very good job. 3 COMMISSIONER NICHOLSON: I'm glad to hear 4 that. That's good news. 5 COMMISSIONER BALDWIN: That is good news. 6 COMMISSIONER NICHOLSON: There's a lot of 7 ways that we could -- in the information age, that we could 8 learn to do things differently. I don't even -- I don't 9 have any idea what they all are. I think about the costs of 10 advertisements and notices and things like that. If we 11 could require every resident of the county to have an e-mail 12 address, well, then we could probably do something there. 13 Things like the library; I can access the library in 14 Cleveland, Ohio, and look at original documents that they 15 have, and do that from my home. There's probably lots of 16 different ways that governments can save money by -- by 17 leverage in the information age. I don't know how, but 18 there is. 19 COMMISSIONER WILLIAMS: If Mr. Trolinger 20 pursues one of the items that he told me he was looking at, 21 we may find a way to stop chasing our tail with respect to 22 fixing computers that are down temporarily. He's looking at 23 a way to be able to do that locally through some software, 24 and he can fix it and access it over here and take care of 25 it. 2-14-05 175 1 COMMISSIONER NICHOLSON: And be done. 2 COMMISSIONER WILLIAMS: That would be nifty. 3 MR. EMERSON: Can I make one comment? And 4 this is just informational. The Sheriff's not here, but 5 just so y'all know, they confiscated gambling machines that 6 were confiscated in the raids. My understanding is that he 7 has bids for 100 of the machines. The other 25 that were 8 there were set up for sweepstakes gambling over the 9 internet. It's my understanding they're currently 10 investigating that, instead of selling those machines, they 11 may be able to go into them, remove the computer systems out 12 of them, and basically trash the machine and keep the 13 computers as usable, hard drive computers, saving the County 14 a bunch of money. 15 COMMISSIONER WILLIAMS: Why not? 16 COMMISSIONER NICHOLSON: If we sell them -- 17 if you sell them, they'll be back out in Ingram in two 18 weeks. 19 COMMISSIONER BALDWIN: I move for 20 adjournment. 21 JUDGE TINLEY: What -- where is the Sheriff? 22 COMMISSIONER BALDWIN: Probably fishing. 23 JUDGE TINLEY: Oh, okay. 24 COMMISSIONER BALDWIN: Be my guess. Out on 25 Bear Creek. 2-14-05 176 1 COMMISSIONER LETZ: Do I have to second, or 2 are you going to adjourn us? 3 JUDGE TINLEY: Any other reports to be 4 rendered today? If not, we'll stand adjourned. 5 (Commissioners Court adjourned at 12:34 p.m.) 6 - - - - - - - - - - 7 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 County Clerk of the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 18th day of February, 17 2005. 18 19 20 JANNETT PIEPER, Kerr County Clerk 21 BY: _________________________________ Kathy Banik, Deputy County Clerk 22 Certified Shorthand Reporter 23 24 25 2-14-05