1 2 3 4 5 6 7 KERR COUNTY COMMISSIONERS COURT 8 Special Session 9 Thursday, September 29, 2005 10 4:00 p.m. 11 Commissioners' Courtroom 12 Kerr County Courthouse 13 Kerrville, Texas 14 15 16 17 TYC Request to House Juveniles at KCJF 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 On Thursday, September 29, 2005, at 4:00 p.m., a special 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: Okay, let me call to order, if 7 I might, this special meeting of the Kerr County 8 Commissioners Court scheduled for this date and time, 9 Thursday, September the 29th, 2005, at 4 p.m. It is past 10 that time now. The agenda item for this afternoon's meeting 11 is to consider, discuss, and take appropriate action to 12 accommodate the Texas Youth Commission's request to house 13 juvenile residents at Kerr County Juvenile Detention 14 Facility on an emergency basis for up to six months, on a 15 minimum three-month basis, at a per diem rate of $95, and 16 approve a plan of action. Ms. Harris? Well, we don't have 17 a podium over here, but you can -- 18 MS. HARRIS: That's okay. 19 COMMISSIONER WILLIAMS: We can get it. 20 MS. HARRIS: That's all right. 21 JUDGE TINLEY: I think we got a table right 22 there that we've been using for juvenile hearings. Tell us 23 in a nutshell what we got. 24 MS. HARRIS: Well, I got a phone call Monday 25 from a TYC representative. The 350-bed unit in Beaumont 9-29-05 3 1 suffered some hurricane damage, and they had to move out 2 their residents and they had to place them immediately in 3 different TYC units across the state. I think I mentioned 4 this before, that the Legislature passed a law this year 5 that TYC-owned and operated facilities, they had to be to at 6 97 percent capacity before they could contract beds out to 7 other facilities. Well, all the TYC units are full, and so 8 they are looking for additional contract beds to put 9 displaced residents from this Beaumont unit. So, they 10 called me Monday, wanted to know if I would be interested in 11 housing 24 kids in that new building, and I said I sure 12 would. And so that's whenever I contacted Commissioner 13 Williams and let him know that they were interested. Two 14 TYC representatives came Tuesday, and they took a tour of 15 the building to make sure that it would be in compliance 16 with their standards, and it is. And they talked to -- 17 talked about not treatment plans, but case plans, and if 18 they thought that I could get it together and come up with a 19 temporary fix to get the kids in, and then we'd have time to 20 tweak programs or tweak -- 21 COMMISSIONER WILLIAMS: Services. 22 MS. HARRIS: Services, thank you. I'm -- I'm 23 a little brain-dead. Tweak services as we go along. So, I 24 put a plan of action in about what would be my probability 25 of hiring part-time people. I don't feel that it would be 9-29-05 4 1 prudent at this point in time to have full-time staff in 2 that facility until we see how long this is going to be. It 3 will be a minimum of three months up to six months. I had 4 three more TYC representatives in my office this afternoon, 5 and they have taken a more extensive look at the damage that 6 was in that unit, and the roof caved in. So -- 7 COMMISSIONER WILLIAMS: That takes care of 8 three months, doesn't it? 9 MS. HARRIS: Yes. So, it could be longer. 10 They were very pleased with the facility. They were very 11 pleased that it's single cells. They were very pleased 12 about the security that we can offer. And they did not 13 indicate -- they did not indicate if they would be extending 14 this beyond six months, if it goes to six months. I'm -- 15 I'm hoping that it will, but they did not indicate that, 16 'cause they don't know at this point in time. They have 17 kids spread out everywhere. So, what I -- what I put 18 together that I believe that your -- I don't -- does 19 everyone have a copy of this, Commissioner Williams? 20 COMMISSIONER WILLIAMS: I think we all have 21 copies of it, the work statement and -- 22 MS. HARRIS: Yes. 23 COMMISSIONER WILLIAMS: -- pro forma. 24 MS. HARRIS: Now, the statement of work is 25 what I created Monday night that I had to submit to TYC in 9-29-05 5 1 order for them to construct a contract. 2 COMMISSIONER BALDWIN: Question. In order 3 for them to construct a contract? Is that -- is that the 4 reason -- I see in your notes here that you sent -- you 5 faxed it to Mrs. Gloria -- 6 MS. HARRIS: Yes -- I e-mailed it. 7 COMMISSIONER BALDWIN: So they could put 8 together a contract. 9 MS. HARRIS: They sent me a boilerplate 10 contract that I gave Mr. Emerson to look over. And they 11 wanted to make sure in my statement of work that I would be 12 able to provide services. That is outlined in the contract. 13 COMMISSIONER BALDWIN: Okay, I understand. 14 MS. HARRIS: And the security, yes, sir. 15 COMMISSIONER BALDWIN: Thank you. 16 MS. HARRIS: Yes, sir. So, once the 17 statement of work was sent in -- and I had to send in 18 several attachments, like copies of the certification, copy 19 of our fire marshal inspection and things of that nature, 20 copy of liability insurance. Once I sent all the 21 attachments with the statement of work, then they packaged 22 that up with the contract and they hand-delivered it to 23 central office in Austin, and they just hand-delivered the 24 finished product contract to me about 15 minutes ago, where 25 they plugged in the name and the address and so forth and 9-29-05 6 1 all that. 2 COMMISSIONER WILLIAMS: If you know, does 3 this draft that they sent back accommodate whatever -- 4 MS. HARRIS: Yes. 5 COMMISSIONER WILLIAMS: -- the County 6 Attorney had -- 7 MS. HARRIS: Yes. 8 COMMISSIONER WILLIAMS: -- on his mind? 9 MS. HARRIS: What they plugged in in the 10 finished copy was -- was that they are contracting with Kerr 11 County, they're going to house kids in the Kerr County 12 Juvenile Facility, dates and addresses, is what they plugged 13 in that contract. They didn't change anything else. They 14 didn't do anything else. 15 COMMISSIONER WILLIAMS: Okay. 16 MS. HARRIS: Anything different from what 17 Mr. Emerson saw. 18 COMMISSIONER WILLIAMS: Okay. 19 COMMISSIONER NICHOLSON: Are these children 20 that would come here, are they -- is their status in the 21 criminal justice system the same as the children that we 22 currently have here? 23 MS. HARRIS: No, sir. Texas Youth Commission 24 is the prison system for juveniles, so these are kids that 25 may have been in a placement like ours and were not 9-29-05 7 1 successful, and then their probation departments sent them 2 to the -- to TYC, Because TYC can house first-degree felony 3 children and they can house kids up to the age of 21. So -- 4 COMMISSIONER WILLIAMS: What type of 5 programming services are you going to have to offer? I know 6 it's embodied in this, but just tell us. 7 MS. HARRIS: Life skills, group therapy. And 8 the group therapy is going to be conducted by my juvenile 9 detention officers. They already do that with our post kids 10 and our pre kids; they're going to do that -- do the same 11 kind of group with the TYC kids. Life skills, we already 12 teach life skills to our pre's and post. We're going to be 13 teaching the same life skills to the TYC kids. And the case 14 managers -- the part-time case managers that I have in this 15 would be doing those life skills classes. I was going to 16 offer -- the case managers can also teach chemical 17 dependency education groups, and I was going to offer that, 18 which I still am, but I got a phone call from Hill Country 19 Council on Alcohol and Drug Abuse this morning, and 20 evidently she had read the newspaper article, and they have 21 been given some funding to -- to provide chemical dependency 22 education to displaced hurricane victims, and these TYC kids 23 qualify. So, HCCADA is going to come out and do a chemical 24 dependency education group with these kids. 25 COMMISSIONER NICHOLSON: Are these children 9-29-05 8 1 all male? 2 MS. HARRIS: Yes. They're all male, yes, 3 sir. 4 COMMISSIONER WILLIAMS: How about staffing? 5 How are you going to get staffing? 6 MS. HARRIS: I -- I needed to upgrade my -- 7 or increase my part-time pool anyway, so we're going to hire 8 part-time personnel, part-time J.D.O.'s for the TYC kids, 9 and part-time case managers, and then my shift supervisors 10 are already in place. But, obviously, we don't have enough 11 staff. It'll take 12 J.D.O.'s and 4 control people 12 part-time over there. Obviously, we don't have those 13 personnel hired at this point in time. So, I got together 14 with my shift supervisors, and we constructed a temporary 15 schedule for my full-time staff; that instead of working 16 6a to 6p for four days and off three days, and coming back 17 and working 6p - 6a for four days and so forth and so on, 18 like their rotating schedule is now, we divided -- we 19 divided up into two sets of teams. 20 Remember, I've got eight shift supervisors, 21 so four shift supervisors and their teams are going to work 22 strictly 6a to 6p, and the other four shift supervisors and 23 their teams are going to work 6p to 6a. That, and we have 24 -- we do have some existing part-time people. That's going 25 to allow us to run both buildings and stay within ratio. By 9-29-05 9 1 doing that for -- I put in -- I put in this proposed 2 proposal some overtime, and I put in there three weeks worth 3 of overtime. That will give me time to get part-time people 4 hired, trained, and certified. As a matter of fact, we've 5 -- we interviewed all day yesterday, and we've got some 6 really good part-time prospects from yesterday. And -- and 7 due to phasing out the post females is going to create four 8 full-time positions that I would be doing away with, that I 9 would be laying off, and a couple of those female J.D.O.'s 10 have indicated that they would like to stay on as part-time, 11 so that -- that will help. That will help. So that's -- 12 that's my game plan. 13 COMMISSIONER WILLIAMS: What about the 14 K.I.S.D. component? 15 MS. HARRIS: They're fine. I've met with 16 Mr. Schwartz twice, and he has met with the teachers, and 17 the teachers gave me an educational schedule today, 'cause I 18 told them, you -- you give me what you can do during the 19 daytime academically for the TYC kids and I'll build a daily 20 schedule around what you can do. 'Cause they had a 21 conference period that they're going to be coming over and 22 they're going to be teaching the TYC kids. And the expelled 23 student -- the K.I.S.D. expelled student is still in the mix 24 as well, and that K.I.S.D. student will be getting his 25 education over in the old building rather than the new 9-29-05 10 1 building, as he originally was. 2 COMMISSIONER LETZ: Let me see if I 3 understand. On the staffing side, by going into the teams 4 you outlined, you're going to be able to have some 5 experienced full-time people on both sides and part-time 6 people on both sides? 7 MS. HARRIS: Exactly. Exactly. Because 8 the -- the part-time people have to have 40 hours of OJT 9 plus 40 hours of classroom instruction for their 10 certification, so it allows me to have seasoned staff in 11 both buildings to do the OJT in both buildings, and then 12 what I'm going to do is I'm going to swap it, because I want 13 everybody cross-trained in both buildings. So, that's the 14 game plan. 15 COMMISSIONER LETZ: What if -- well, two 16 questions. The 24 residents is guaranteed? 24 residents? 17 MS. HARRIS: Getting 23 tomorrow by noon. 18 COMMISSIONER LETZ: And if they -- say you do 19 it for four months, and in four months they say, "We got the 20 Beaumont facility fixed quickly; we're pulling out." What 21 does that do to these numbers? We just lay off all the 22 staff? 23 MS. HARRIS: Just lay off all the staff, 24 'cause they're all part-time. 'Cause I'm not putting any 25 full-time staff on, because I don't know how much longer 9-29-05 11 1 past three months that they will -- will keep these kids 2 there. So, that's why I don't want any full-time staff, so 3 they're there all part-time. 4 COMMISSIONER NICHOLSON: Are they 5 guaranteeing us three months? 6 MS. HARRIS: Yes, sir. 7 COMMISSIONER NICHOLSON: What can go wrong? 8 COMMISSIONER LETZ: Yeah. 9 COMMISSIONER WILLIAMS: I don't know. Roof 10 could blow off of our facility. 11 COMMISSIONER LETZ: If they guarantee three 12 months, there's -- one of the worst-case scenarios are 13 you're looking at about a $100,000 profit -- I hate to use 14 the word "profit" -- on this facility. And -- 15 MS. HARRIS: And please let me clear this up. 16 I'm going to make this statement in open court to clear this 17 up. It is not a profit. 18 COMMISSIONER WILLIAMS: Right. 19 MS. HARRIS: It is not a profit. It is money 20 that we will be receiving for services that will help to 21 decrease the deficit, but not eliminate it. 22 COMMISSIONER WILLIAMS: It's excess revenue 23 over expense, Becky? 24 MS. HARRIS: Yes. 25 COMMISSIONER BALDWIN: Becky, your words 9-29-05 12 1 here -- you're a prophet. 2 MS. HARRIS: Yes, I know, for this little 3 group of numbers. 4 COMMISSIONER NICHOLSON: That means she's a 5 profit prophet. 6 COMMISSIONER WILLIAMS: She's a prophet; she 7 can see down the road. 8 MS. HARRIS: And we are providing therapy. 9 COMMISSIONER BALDWIN: Why is she doing that 10 to you? 11 COMMISSIONER WILLIAMS: Looks like you may 12 have asked some questions earlier. 13 MR. MACCROSSAN: I think the questions I 14 asked Monday were maybe answered. 15 COMMISSIONER BALDWIN: Therapy? 16 MS. HARRIS: We are providing therapy. 17 JUDGE TINLEY: Ms. Harris, you said 24 18 residents, and they're bringing 23 tomorrow? 19 MS. HARRIS: Yes. 20 JUDGE TINLEY: When's the other one going to 21 show up? 22 MS. HARRIS: Probably pretty quick. Victoria 23 facility took a large majority of TYC's pregnant females, 24 and they're still in the process of shuffling kids around. 25 While they were in my office a little while ago, from some 9-29-05 13 1 other facility -- I don't know from where -- Victoria 2 received four more pregnant females, so Victoria's contract 3 beds are nearly full. And one of the representatives 4 indicated to me -- he said, "You may get that 24th one 5 Monday. You may get the 24th one Tuesday," he said, 6 "because we're still trying to get these kids settled all 7 over the state." 8 JUDGE TINLEY: But that extra bed will be 9 filled? 10 MS. HARRIS: Yes, sir. 11 JUDGE TINLEY: Quickly? 12 MS. HARRIS: That's the indication that I'm 13 getting, yes, sir. 14 COMMISSIONER LETZ: Will these residents ever 15 have any interaction with the other residents? 16 MS. HARRIS: No, sir. No, sir. I called 17 T.J.P.C., because the one classroom that's in the annex 18 building that K.I.S.D. instructs the preadjudicated kids, I 19 called T.J.P.C. to see if there were any restrictions to see 20 if I was going to have to move that classroom setting over 21 to the old building. There is no sight and sound 22 restrictions with T.J.P.C. with these kids. However, it 23 would not be beneficial to anyone to let those kids interact 24 in any way, so the way that I have the schedule for the old 25 building and the schedule that I have for the TYC kids, 9-29-05 14 1 there will not be any problem, because the only time that 2 the TYC kids would ever be in the old building is during 3 mealtime -- since there's no kitchen in the annex, is during 4 mealtime. But I've got that schedule worked out by which we 5 will feed our post kids and pre kid, and then we'll take the 6 TYC kids over there, so they won't be in there at the same 7 time. 8 JUDGE TINLEY: What is the status of these 9 particular TYC residents? 10 MS. HARRIS: The indication that they gave to 11 me is that these kids were in -- they have a phase system; 12 that they were in the last -- they were in the upper levels 13 of their phase system, and they were in a transitional 14 living program at the Beaumont unit. So, these kids are not 15 first degree felony axe murderers and rapists and things of 16 that nature. These are -- 17 JUDGE TINLEY: Pre-release? 18 MS. HARRIS: I believe so. I believe so. 19 Now, they have not used the term "pre-release" to me, but I 20 believe that that's what they are. They -- these kids have 21 been sleeping on the gym floor for almost a week; it'll be a 22 week -- it was last Saturday -- in the Giddings unit. And 23 they've been sleeping on the floor in the gym since last 24 Saturday, and have not given any -- haven't had any problems 25 out of these kids. 9-29-05 15 1 COMMISSIONER WILLIAMS: That's where they're 2 coming from, is Giddings? 3 MS. HARRIS: Yes. Yes, they're Beaumont 4 kids, but they're coming from the Giddings unit. The kids 5 that went to Victoria, they were telling me, also were 6 Beaumont kids that they sent to Victoria, and they didn't 7 have any problem with them when they got there. 8 COMMISSIONER BALDWIN: Judge, is this 9 contract with the State of Texas, or is it with Jefferson 10 County? Or -- 11 JUDGE TINLEY: We're contracting with Texas 12 Youth Commission. 13 MS. HARRIS: With the Texas Youth Commission. 14 COMMISSIONER BALDWIN: Which is the State of 15 Texas, I understand. 16 JUDGE TINLEY: Mm-hmm, yeah. In essence, 17 yeah. Agency of the State of Texas. 18 COMMISSIONER BALDWIN: Yeah. So, what we're 19 talking about here -- if you don't mind, let's rush on down 20 to the bottom line. 21 COMMISSIONER WILLIAMS: Sure. 22 COMMISSIONER BALDWIN: We're talking about 23 you're wanting us to give you $209,790 for a six-month 24 period. Is that what you're asking for today? 25 MS. HARRIS: Yes, sir. And then, in turn, I 9-29-05 16 1 will pay you $410,400 through TYC. 2 COMMISSIONER BALDWIN: Yeah. I'm not -- I 3 just want to know what we're going to do here today. 4 MS. HARRIS: Yes. 5 COMMISSIONER BALDWIN: How -- 6 COMMISSIONER LETZ: What we're -- those -- 7 the expenditures is part-time. If something happens and the 8 kids leave or are here for a day for whatever reason -- 9 MS. HARRIS: Right. 10 COMMISSIONER LETZ: -- it's not -- I mean, 11 it's not a -- 12 MS. HARRIS: There was -- 13 COMMISSIONER NICHOLSON: The start-up costs 14 are $2,000 or $3,000. 15 COMMISSIONER LETZ: That we won't get back. 16 COMMISSIONER NICHOLSON: So, if we start up 17 today and quit Monday, we're going to be out a few thousand 18 bucks. 19 MS. HARRIS: Because upgrading the radios was 20 approximately 1,000, because the reception between the two 21 buildings was not very good. 22 COMMISSIONER BALDWIN: And you're going to 23 have probably -- you know, I don't know; your office is in 24 that building, and we do have a couple of classrooms and 25 that kind of thing, but I don't think we've ever really lit 9-29-05 17 1 the place up, so you're talking about a couple of thousand 2 dollars for electricity, probably. 3 MS. HARRIS: That's true. 4 COMMISSIONER BALDWIN: Do we have money in an 5 electricity budget to pay for that, or do we need to add on 6 here? Or -- 7 MS. HARRIS: Well, to tell you the truth, the 8 budget that I -- that I gave you for this next fiscal year I 9 took from historical electrical bills over this last year, 10 and since the classroom is in the back of that annex 11 building, it is past the secure area, then lights and air 12 conditioning and heating have been used all year long, and 13 so I felt like that that gave us a pretty good indication of 14 what the utility costs would be, and I had incorporated that 15 in my '05-'06 budget. 16 COMMISSIONER WILLIAMS: In terms of cash 17 flow, how do you -- you bill them monthly? Weekly? How do 18 you do it? 19 MS. HARRIS: Monthly, just like we do the 20 counties. 21 COMMISSIONER WILLIAMS: On a monthly basis? 22 MS. HARRIS: Yes, sir. 23 COMMISSIONER WILLIAMS: So, the reality is 24 we're only fronting six weeks. By the time you get to 25 turn-around time, it's only six weeks, and revenue starts 9-29-05 18 1 coming back? 2 MS. HARRIS: Yes, sir. 3 COMMISSIONER BALDWIN: Okay. Today being 4 September the 29th, where do we get $209,790? 5 COMMISSIONER LETZ: Well, that was my 6 question. Is the -- is the juvenile facility being run as a 7 separate entity? And if -- I mean, or is it just -- does 8 the -- if there is excess revenue over expenditures out of 9 this, I don't see that that ever gets -- it just gets put in 10 with the overall pot out there. 11 COMMISSIONER BALDWIN: If it starts tomorrow. 12 COMMISSIONER LETZ: And no additional -- 13 COMMISSIONER BALDWIN: The 1st, I mean. 14 COMMISSIONER LETZ: And if this comes close 15 to happening, you know, working out, the revenue's going to 16 be in there. We will never have to put in any additional 17 money; we just use the current budget line items, except we 18 have to do a -- 19 COMMISSIONER NICHOLSON: Yeah, I see it -- 20 if, by some windfall, we got a full house of these children, 21 you know, overnight, this would be the same situation. We'd 22 have a little more costs and twice that much income coming 23 in. 24 COMMISSIONER LETZ: 'Cause we're not 25 authorizing any expenditure until -- you know, today. I see 9-29-05 19 1 we're authorizing the contract. 2 COMMISSIONER WILLIAMS: Comes out of the 3 regular budget right now. 4 COMMISSIONER LETZ: Comes out of the regular 5 budget. 6 COMMISSIONER BALDWIN: That is in place 7 today? 8 COMMISSIONER WILLIAMS: Yes. 9 JUDGE TINLEY: Mm-hmm. 10 COMMISSIONER BALDWIN: Or Saturday? 11 COMMISSIONER LETZ: Well, I don't think 12 they're going to be hired today, are they? 13 MS. HARRIS: No, sir. 14 COMMISSIONER BALDWIN: So -- 15 COMMISSIONER LETZ: I see what you're saying. 16 I mean, from a budget-year standpoint, I guess if you -- 17 COMMISSIONER BALDWIN: Well, which brings up 18 another question, is this -- this payroll issue tomorrow. 19 What happens -- I know that's not an agenda item, but it's 20 got to be addressed, and it's a part of the moneys that 21 we're sending out there. Is there not a payroll problem out 22 there tomorrow? 23 MS. HARRIS: About the overtime? 24 COMMISSIONER BALDWIN: No, paying your staff. 25 MS. HARRIS: Oh. 9-29-05 20 1 COMMISSIONER BALDWIN: You don't know 2 anything about that? 3 MS. HARRIS: I'm not aware -- I didn't know 4 there was a problem. 5 JUDGE TINLEY: The Auditor indicated to me, I 6 believe yesterday, he -- he was going to make the necessary 7 arrangements so that that could be handled. 8 MR. EMERSON: Hate to be a party pooper, but 9 it's not on the agenda, guys. 10 COMMISSIONER NICHOLSON: You were right. 11 COMMISSIONER LETZ: We couldn't do a payroll 12 adjustment if we wanted to. 13 COMMISSIONER BALDWIN: Okay. They're not 14 going to get paid tomorrow. End of statement. 15 COMMISSIONER WILLIAMS: I guess the Auditor 16 -- well, we can't talk about it. We'll talk about it later. 17 MS. HARRIS: This is the first I've heard 18 that there's a problem. 19 COMMISSIONER WILLIAMS: I don't know. 20 COMMISSIONER BALDWIN: Can't talk about it. 21 JUDGE TINLEY: Can't talk about that there's 22 not a problem, right? Okay. 23 COMMISSIONER LETZ: Well, I guess my question 24 goes back to this. Is the -- 25 COMMISSIONER BALDWIN: You're right. 9-29-05 21 1 COMMISSIONER LETZ: Is the -- does the 2 Auditor have this set up as a self-contained entity? Does 3 the -- I mean, does the revenue go into the general fund, or 4 does the revenue go into the fund for the Juvenile Detention 5 Facility? That's my question. Because we're going to have 6 to do a budget amendment -- if it goes in the general fund, 7 the revenue, then we have to do a budget amendment of 209 -- 8 COMMISSIONER BALDWIN: I think -- 9 COMMISSIONER LETZ: -- thousand at some 10 point. If it's a self-contained fund, we will never have to 11 do a budget amendment. 12 COMMISSIONER BALDWIN: I think the County 13 Auditor has the Juvenile Detention Facility sitting out 14 there all by itself in a -- a whole separate deal away from 15 the rest of it. 16 COMMISSIONER WILLIAMS: I asked him to budget 17 for the revenue side as well. 18 COMMISSIONER LETZ: Both sides. 19 COMMISSIONER BALDWIN: We have asked him to 20 track the thing pretty close, and he did that for that 21 reason. 22 MS. HARRIS: And so this would just be 23 considered as per diem revenue, just as if we had another 24 county. 25 JUDGE TINLEY: Mm-hmm. 9-29-05 22 1 COMMISSIONER NICHOLSON: Yeah. 2 COMMISSIONER LETZ: And -- 3 COMMISSIONER NICHOLSON: That's the way I'm 4 looking at it, just the same as we just got 24 more children 5 tomorrow. 6 COMMISSIONER WILLIAMS: That's right. 7 COMMISSIONER NICHOLSON: Of any kind. 8 JUDGE TINLEY: Sure. 9 COMMISSIONER WILLIAMS: That's right. That's 10 the way I see it. 11 COMMISSIONER LETZ: All we're doing is 12 authorizing the contract. I don't see that anything from a 13 budget standpoint takes place today. 14 COMMISSIONER WILLIAMS: I don't either. 15 JUDGE TINLEY: As though we were approving 16 another contract with a third-party county and they were 17 going to place two kids the middle of next week. 18 MS. HARRIS: Right. 19 COMMISSIONER WILLIAMS: You're confident you 20 can pull this off? 21 MS. HARRIS: Yes, sir. 22 JUDGE TINLEY: Mr. Holekamp? 23 MR. HOLEKAMP: Yes? 24 JUDGE TINLEY: You've got a maintenance 25 function to do out there. Are you up and ready to go? 9-29-05 23 1 MR. HOLEKAMP: Yes, sir. And the only thing 2 I ask for is patience and understanding, not only from 3 Ms. Harris, but from the Court. Some of my people may start 4 grumbling a little bit, because they'll be outside of the 5 scope of their normal responsibilities, because I'm going to 6 have to shuffle maintenance into custodial, custodial into 7 maintenance, and we're going to do probably a lot of 8 shuffling with people to accomplish it. We're working on 9 getting the -- some areas secure for TYC, and I'm going to 10 try to have them completed by noon tomorrow for acceptance. 11 So -- but I'm not asking for additional staff; what I'm 12 asking for is patience. My people are -- are going to be 13 confused at first, because I'm moving them around to 14 different places, but -- 15 MS. HARRIS: And my staff are willing to 16 help. My night shift shift supervisors can clean, and which 17 they -- 18 MR. HOLEKAMP: And I appreciate that. 19 MS. HARRIS: And they do that anyway, 'cause 20 they've been doing that. But -- and taking out trash and 21 things of that nature, and so my night shift can -- can do 22 that. 23 MR. HOLEKAMP: And I appreciate that. So, 24 that was the only statement I had, is that if y'all hear 25 some grumblings, it's frustration primarily. 9-29-05 24 1 JUDGE TINLEY: Just adjustments being made? 2 MR. HOLEKAMP: Yes. 3 JUDGE TINLEY: Okay. Any -- any issues that 4 the TYC people required with regard to the facility that -- 5 that are unresolved or that you see a problem with? 6 MR. HOLEKAMP: We're -- we're completing the, 7 I think, rec yard this afternoon, securing some wire -- some 8 chain link fence that was on the loose side that they 9 possibly could crawl up and push and crawl out. And things 10 that were brought to our attention yesterday, and I believe 11 those are going to be -- if they're not completed this 12 afternoon by 5:00, they will be completed in the morning 13 first thing. So -- 14 MS. HARRIS: Okay. 15 MR. HOLEKAMP: -- I think we'll have those. 16 Now, as far as the interior, I haven't -- I got no report 17 that we were out of compliance based on their -- 18 MS. HARRIS: They were fine. They -- I had 19 two, three -- I had four TYC representatives that have been 20 through the facility twice, and nothing in the interior. 21 MR. HOLEKAMP: Okay. 22 MS. HARRIS: Nothing. 23 COMMISSIONER WILLIAMS: Has Mr. Odom begun 24 that work that we expect out there today on the water -- 25 MS. HARRIS: No, sir. 9-29-05 25 1 COMMISSIONER BALDWIN: Not an agenda item. 2 COMMISSIONER WILLIAMS: That's a question 3 regarding operations. 4 JUDGE TINLEY: Plan of action. 5 COMMISSIONER WILLIAMS: Action plan. 6 COMMISSIONER BALDWIN: This is to approve the 7 contract. 8 COMMISSIONER WILLIAMS: I would move, Judge, 9 that Kerr County -- that Commissioners Court approve the 10 contract with Texas Youth Commission for the placement of 24 11 youth for a minimum of three months at a per diem rate of 12 $95. 13 MS. HARRIS: And before you vote, let me also 14 clarify, the reason why TYC agreed to pay us the higher per 15 diem that they allow, the $95 a day, is because they 16 understand that the County is going to be out some start-up 17 costs, and that the kids are receiving treatment. Now, -- 18 COMMISSIONER BALDWIN: They should pay more. 19 COMMISSIONER NICHOLSON: Mr. Attorney? 20 MR. EMERSON: I need to make y'all aware of 21 some minor contract issues that Becky already knows about 22 that I sent over to her. There's a fairly large number of 23 certifications that had to be provided to the State in here, 24 and we need to make sure we get those in or we have the 25 ability to get them in, because if we don't, there's 9-29-05 26 1 administrative civil penalties in here that they'll charge 2 us. So, y'all just need to be aware of that, and I guess if 3 Becky needs help, she may come hollering for it. 4 COMMISSIONER WILLIAMS: Those will be things 5 between you and Ms. Harris to provide and make sure they're 6 attached. 7 MR. EMERSON: There's nothing I have to do 8 with it; it's just certifications of everything from 9 asbestos to -- 10 MS. HARRIS: And I've done that. 11 MR. EMERSON: -- insurance to medical to 12 you-name-it. 13 COMMISSIONER WILLIAMS: Okay. 14 COMMISSIONER BALDWIN: So, just send those 15 forms in. 16 MS. HARRIS: Yes. Yes, I've already taken 17 care of the asbestos. 18 MR. EMERSON: I have not seen any of the 19 exhibits attached to this contract, so I don't know if Becky 20 has or not. 21 MS. HARRIS: I haven't seen the exhibits 22 either. 23 MR. EMERSON: I've seen the boilerplate, but 24 seen nothing of the exhibits. 25 MS. HARRIS: The -- the asbestos, the 9-29-05 27 1 liability insurance that they require a copy of that, I sent 2 to them. The certificates from TYC and from the Juvenile 3 Board certifying the building, I sent them copies of that. 4 They did not ask for the architectural barrier letter that I 5 have. They may later. But the -- the statement of work and 6 the attachments that I sent to the statement of work -- with 7 the statement of work sufficed with TYC's' central office in 8 constructing the contract, so if there's any extra things or 9 additional things that I need to supply, they will -- they 10 will let me know. But they know this -- like, certificates, 11 T.J.P.C. and the Juvenile Board certificates, that's all the 12 -- the certificates that a T.J.P.C. facility has. 13 MR. EMERSON: All I -- 14 JUDGE TINLEY: I think what Mr. Emerson was 15 referring to, in the contract itself, there are 16 certifications as to E.E.O.C., franchise taxes -- 17 MS. HARRIS: I took care of that yesterday, 18 too. 19 JUDGE TINLEY: -- H.I.V., communicable 20 diseases, HIPAA compliance, all -- 21 MS. HARRIS: Mm-hmm. 22 JUDGE TINLEY: -- on and on and on it goes. 23 You are in and will continue to be in compliance with all of 24 those various -- 25 MS. HARRIS: Right. 9-29-05 28 1 JUDGE TINLEY: -- regulatory requirements? 2 MS. HARRIS: The franchise tax letter, Tommy 3 sent me a letter -- the Auditor sent me a letter yesterday 4 stating that, this being a county entity, it does not pay 5 taxes. I faxed that to them yesterday. I took care of 6 that. The HIPAA laws, TYC knows that since we are a 7 T.J.P.C. certified facility, the confidentiality laws, HIPAA 8 laws, things of that nature, already apply to us. We 9 already adhere to those. 10 MR. EMERSON: They may already know it, 11 Becky, but you need to send them a certification, because 12 that's what the contract says. 13 MS. HARRIS: Okay. Well, a certification is 14 probably going to be in the form of a letter, because there 15 is no HIPAA law certification. 16 MR. EMERSON: Right. 17 JUDGE TINLEY: Even if it's nothing simply 18 more than a letter that says, "As specified in contract 19 dated so-and-so, please be advised that Kerr County and the 20 facility is in compliance with all the matters as specified 21 in Section 2, Paragraph 1 through 6," or whatever. 22 MS. HARRIS: Right. 23 JUDGE TINLEY: "If you need anything further, 24 please specifically advise me in writing as to what that 25 need might be." 9-29-05 29 1 MS. HARRIS: Okay. 2 JUDGE TINLEY: Shift it. 3 COMMISSIONER LETZ: I think it -- I mean, it 4 would -- I haven't looked at the contract. There's a bunch 5 of them. I recommend, even if you've sent some of them, you 6 send them all again at one time, as, "Here are all the 7 certifications under the contracts," and let Rex make -- you 8 know, look through them just to make sure that -- 9 MS. HARRIS: That's fine. 10 COMMISSIONER LETZ: -- we're meeting the 11 terms. 12 MS. HARRIS: I can do that. 13 JUDGE TINLEY: We -- we don't want them to 14 come back, obviously. 15 MS. HARRIS: Right. And a T.J.P.C. 16 representative is going to come to the facility every week. 17 They told me that this afternoon. 18 JUDGE TINLEY: Great. 19 MS. HARRIS: So, as -- as we get into this, 20 after the dust settles, you know, I will -- they will tell 21 me, okay, Becky, we need a copy of this or we need a copy of 22 that. So -- 23 JUDGE TINLEY: Okay. I have a motion. I 24 don't recall that I have a second. 25 MS. THOMPSON: No second. 9-29-05 30 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: I have a motion and a second 3 for approval of the contract. Any question or discussion? 4 I assume that the motion includes authorization -- 5 COMMISSIONER WILLIAMS: Authorize County 6 Judge to sign the same, right. 7 JUDGE TINLEY: All right. 8 COMMISSIONER WILLIAMS: Yes, sir. 9 JUDGE TINLEY: Any further question or 10 discussion on the motion? All in favor of the 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. Thank 16 you, ma'am. 17 MS. HARRIS: Mm-hmm. 18 COMMISSIONER WILLIAMS: Good luck. 19 MS. HARRIS: Thank you. 20 JUDGE TINLEY: We have nothing -- no further 21 agenda items or matters to consider, so we will stand 22 adjourned. 23 (Commissioners Court adjourned at 4:37 p.m.) 24 - - - - - - - - - - 25 9-29-05 31 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 4th day of October, 8 2005. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 9-29-05