1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, July 10, 2006 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 July 10, 2006 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action on 4 Joint Resolution of Cooperation between City of Kerrville and Kerr County for developing an 5 Economic Incentive Strategy 8 6 1.2 Consider/discuss, take appropriate action to approve Data Processing Service Agreement with 7 Indigent Healthcare Solutions, Ltd., for the administration and claims processing related to 8 Indigent Health Care Program 16 9 1.3 Consider/discuss, take appropriate action to designate County representative with settlement 10 authority to represent the County in EBA litigation mediation 24 11 1.4 Consider/discuss, take appropriate action to set 12 public hearing for the revision of Tracts 7A & 8 of Treasure Hills Subdivision, Precinct 1 27 13 1.5 Consider/discuss, take appropriate action to 14 change the name of preliminary plat from Cypress Springs Estates, Phase 2, Section Two, to Vistas 15 Escondidas De Cypress Springs Estates, Pct. 4 28 16 1.6 Consider/discuss, take appropriate action on renewing 2007 Texas VINE Annual Maintenance Grant 17 contract and authorize County Judge to sign same 29 18 1.7 Consider/discuss, take appropriate action on reviewing 2007 Appriss Service Agreement, 19 authorize County Judge to sign same 32 20 1.8 Consider/discuss County Treasurer's notification that her office will discontinue human resources 21 functions as of August 1, 2006; obtain clarification of what functions or activities comprise or fall 22 under "human resource function"; obtain clarification from Treasurer of specific duties or functions which 23 are currently being performed outside of her office and which she believes are required by law to be 24 performed by her office and should be returned to her office; consider and discuss adequacy of staffing 25 and resources provided to County Treasurer's office and its performance 33 3 1 I N D E X (Continued) July 10, 2006 2 PAGE 1.9 Consider/discuss, take appropriate action on 3 quote for sidewalk construction at Kerr County Animal Control Facility 51 4 1.10 Consider/discuss, take appropriate action on 5 implementing the burn ban 53 6 1.13 Discuss and approve Adopt-a-Highway for landscaping program for Saddlewood Estates 54 7 4.1 Pay Bills 57 8 4.2 Budget Amendments 58 4.3 Late Bills -- 9 4.4 Approve and Accept Monthly Reports 71 10 1.12 Reports from the following departments: Information Technology 72 11 Road and Bridge 84 Facilities and Maintenance 91 12 Collections 94 13 1.11 Consider and approve plan to reassign certain administrative functions in county government. 14 Consider and evaluate the capability of county employees who may be candidates to perform 15 administrative functions (Executive Session) 97 16 --- Adjourned 116 17 18 19 20 21 22 23 24 25 4 1 On Monday, July 10, 2006, 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 gentlemen. 7 Let me call to order this regularly scheduled meeting of the 8 Kerr County Commissioners Court scheduled for this date and 9 time, Monday, July the 10th, 2006, at 9 a.m. Commissioner 1? 10 COMMISSIONER BALDWIN: Yes, sir. 11 JUDGE TINLEY: You have the honors this morning. 12 COMMISSIONER BALDWIN: Would you stand and join me 13 in a word of prayer, please, and then we'll do the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. At this time, if there's 17 any member of the public or the audience that wishes to be 18 heard on a -- any matter that is not a listed agenda item, 19 you're free to come forward and tell us what's on your mind at 20 this time. If you wish to be heard on an agenda item, we 21 would ask that you fill out a participation form at the back 22 of the room. It's not essential that you do that, but it 23 helps me to be sure to know that there's a participant that 24 wants to be heard on that item. But if we get to an item and 25 you wish to be heard, just get my attention in some way, 7-10-06 5 1 shape, form, or fashion, and I'll see that you have that 2 opportunity. But at this time, if there's any member of the 3 public that wishes to be heard on any matter that is not an 4 agenda item, please feel free to come forward at this time. 5 Seeing no one coming forward, we'll move on. Commissioner 1, 6 what do you have for us this morning? 7 COMMISSIONER BALDWIN: I just wanted to let you guys 8 know that a couple of weeks ago, I had a meeting with the City 9 Manager and the Fire Chief in regards to the EMS contract and 10 fire contract, and there wasn't -- there wasn't much blood 11 left on the floor. There was a few bruises. No, it was good. 12 And I see the City Manager here. And the way I understand it, 13 he will be presenting this Court in writing, maybe this 14 week -- we were talking about the 15th of the month -- some 15 detail for everyone to see so that a little later on, we can 16 sit down eye-to-eye and go -- go through the process. And so 17 his information should be arriving over here in a few days. 18 That's all I have. Thank you. 19 JUDGE TINLEY: Thank you. Commissioner Williams? 20 COMMISSIONER WILLIAMS: Fun day in Center Point last 21 Saturday. Had the big down-home parade, and the school had 22 its reunion, and fire department had its barbecue and dance, 23 and a lot of folks had a good time. And it's just a good 24 opportunity to see small-town America at its best, and it's a 25 good place to be on a Saturday, first Saturday after the 7-10-06 6 1 July 4th holiday. 2 JUDGE TINLEY: Is that it? 3 COMMISSIONER WILLIAMS: We missed you. 4 JUDGE TINLEY: I was at the barbecue. 5 COMMISSIONER WILLIAMS: Really? 6 JUDGE TINLEY: Oh, yeah. I showed up for eating, 7 you bet you. I was a little late getting down there; I didn't 8 get town there until close to 1 o'clock, I guess, but I 9 managed to make the barbecue and see a lot of folks. And 10 they, obviously, were pleased with the parade and the turnout, 11 and everybody seemed to have a great time. 12 COMMISSIONER WILLIAMS: Fun day. 13 COMMISSIONER LETZ: Representative Hilderbran was 14 Grand Marshal of that parade. 15 COMMISSIONER WILLIAMS: Yes, he was. 16 COMMISSIONER LETZ: Was he at the barbecue? 17 COMMISSIONER WILLIAMS: I didn't see him at the 18 barbecue. 19 COMMISSIONER LETZ: I wasn't going to bring that up; 20 shouldn't say such things. On the EMS note, I received an 21 e-mail from Chief Holloway last week, trying to again get the 22 issue of eastern Kendall County resolved from an EMS 23 standpoint. It's been stuck in Kendall County for the better 24 part of a year. So, I'm going to be meeting with Rex after 25 this meeting and we're going to try to work on these contracts 7-10-06 7 1 in Kerr County, and maybe try to get something done through 2 Kendall County. They've had them -- been working on the 3 contract, like I said, for the better part of a year; 4 nothing's happened yet. They've had some calls out there -- 5 or a call recently out into Falling Waters, and it took them 6 over 30 minutes to respond. The person then didn't want to 7 transport, and there was lots of -- there were some 8 not-so-good feelings, I think, out of that whole incident. 9 So, Chief Holloway contacted me, and he -- his staff and 10 himself are -- are trying to work out any solution that they 11 can, and I appreciate him contacting me and getting it back 12 before the Court. 13 Also, as I look back in the audience -- almost 14 missed him -- a good friend of mine is here today, Paul 15 Stafford. Paul Stafford moved in not long ago, and we need to 16 offer a little bit of condolences to him for his misfortune, 17 or maybe good fortune. He moved in across the street from the 18 mayor of Kerrville. They were old friends for many, many 19 years from New Orleans, and after he was moving in, Gene came 20 across the road and they looked up at each other, and I think 21 they said a few choice words to each other. They were a 22 little surprised, I think. 23 COMMISSIONER BALDWIN: Shall we go back and pick up 24 my prayer again so we can include Mr. Stafford? 25 COMMISSIONER LETZ: That's it. That's all I have. 7-10-06 8 1 JUDGE TINLEY: Commissioner 4? 2 COMMISSIONER NICHOLSON: Well, the summer camp 3 season is in full swing out in Kerr County, and there's a lot 4 of traffic. A lot of yuppie parents from Dallas are coming to 5 Kerr County and dropping a lot of money, and we appreciate 6 that, and the inns and B & B's are full. And some of them, 7 when they come out here, stop and buy some property, and begin 8 -- begin building their retirement homes, so construction is 9 really booming out in the western part of the county. 10 COMMISSIONER WILLIAMS: All over. 11 COMMISSIONER NICHOLSON: It's looking good, and 12 prices are up. It's hard to get contractors and 13 subcontractors, so there's quite a boom going on. That's all 14 I've got. 15 COMMISSIONER LETZ: Unfortunately, Kendall County 16 doesn't want any of it. 17 COMMISSIONER NICHOLSON: Yeah. Send them over here. 18 COMMISSIONER LETZ: They are. They're coming. 19 JUDGE TINLEY: Thank you. Well, let's get on with 20 the business and go to the first item on the agenda, to 21 consider, discuss, and take appropriate action on a joint 22 resolution of cooperation between the City of Kerrville and 23 Kerr County for developing an economic incentive strategy. I 24 put this on the agenda at the request of Ms. Wendele from the 25 City. This resolution was passed by the Kerrville City 7-10-06 9 1 Council at its last meeting, which would have been on the -- 2 MS. WENDELE: 27th of June. 3 JUDGE TINLEY: 27th, okay. 4 MS. WENDELE: Yes, sir. 5 JUDGE TINLEY: And, Ms. Wendele? 6 MS. WENDELE: Thank you, Judge Tinley, 7 Commissioners. The Judge is exactly right. The Kerrville 8 City Council passed a resolution at their June 27th, 2006 9 meeting concerning creating a -- a resolution that hopefully 10 you will consider and approve today as a joint resolution to 11 -- whereby creating a nine-member steering committee to help 12 us form a joint, if you will, economic development strategic 13 plan, which would include some incentives. Just as a little 14 bit of history, you -- I'm sure you've been reading for the 15 last several, several months that the City of Kerrville, which 16 is, of course, a 4-B sales tax city, has been working on 17 guidelines and procedures for expending funds with our 18 Economic Improvement Corporation. Those policies and 19 procedures were approved in May by the City Council. 20 However, all along, the discussions were that we 21 needed an overall strategic plan. Plus, 4-B sales tax funds 22 is just one part of -- one component of an overall plan. The 23 -- the thought process was that the City and the County could 24 create this nine-member board that would include at least one 25 member of the Economic Improvement Corporation. Other members 7-10-06 10 1 could be made up of County Commissioners Court, City Council, 2 Kerr Economic Development Foundation, Chamber of Commerce. 3 Their task would be -- this committee's task would be gaining 4 community input, making a specific recommendation as they 5 gather their information on how to proceed with creating a 6 plan that would incorporate the city and the county to do -- 7 build on the City's and the County's best -- best assets as we 8 go forward in our economic development world, as you will. 9 The Economic Improvement Corporation did have a moratorium on 10 funding that they lifted at their June meeting, and they have 11 received these -- these guidelines for 4-B. And they too are 12 interested, very much so, in having an overall economic 13 development strategic plan. 14 So, we ask of you today to take into consideration 15 the approving of this resolution to join with -- with the City 16 and the others mentioned before by approving the resolution. 17 And I think that there might be some conversation during -- on 18 this topic. Mr. Hofmann is here, of course, our City Manager, 19 that might -- if you have questions for him, he can certainly 20 address those. But you might have this on your agenda for 21 your July 31st joint meeting with the City Council so that you 22 might talk about procedures of appointing committee members 23 and going forward. I'll be happy to answer any questions, or 24 Mr. Hofmann may be answering questions also. 25 COMMISSIONER BALDWIN: I do have a question. 7-10-06 11 1 MS. WENDELE: Mm-hmm? 2 COMMISSIONER BALDWIN: In regards to the nine-member 3 board, one should be from the E.I.C. That leaves eight. And 4 I'm assuming -- is it your vision that the Court recommend 5 four and the City recommend four? Or -- 6 MS. WENDELE: That's a very good question, 7 Commissioner. I think that's one of the procedural questions 8 that you might speak about together as you and the Council are 9 together on July 31st, so you can all be in the same room to 10 talk about that. 11 COMMISSIONER BALDWIN: Thank you. 12 MS. WENDELE: Mm-hmm. 13 COMMISSIONER WILLIAMS: I think this is a step in 14 the right direction. As you know, you and I both served on a 15 kind of an ad hoc committee, Mindy, that wrestled with this 16 issue for some time, and we looked at a lot of papers and we 17 had a lot of meetings, but we really didn't get anywhere, and 18 the bottom line was we didn't get anywhere. So, I think if we 19 can have a -- a committee charged with the responsibility of 20 developing a policy that both the City Council and 21 Commissioners Court can address and hopefully sign off on, 22 that's a positive step. 23 COMMISSIONER LETZ: I think it's a real good step. 24 I visited with Guy Overby several weeks ago, or maybe longer 25 than that -- probably longer than that now, about doing 7-10-06 12 1 something just like this. I'm real happy to see that the City 2 took the initiative to -- to get the ball rolling. I think 3 that it is -- I mean, we're way behind the eight ball in this 4 county of not having a cohesive way to handle economic 5 development. I think -- I mean, we have the E.I.C. The City 6 certainly is very active, and the County doesn't have a 7 separate arm, so to speak. We rely on E.I.C. primarily -- not 8 E.I.C., K.E.D.F. primarily. And I think it's -- this is a 9 real good step, and I think it should be on the agenda so we 10 can figure out how to appoint members. 11 On Commissioner Baldwin's comment that we appoint 12 four, they appoint four, I would really -- we can certainly 13 discuss that. Based on what's happened at the airport 14 recently, I hate -- whenever we -- I don't want us to be at 15 odds with each other, and it's us against them. And I figure 16 there's some sort of way -- I think it's really more the 17 entities that need to be represented, possibly, and let those 18 entities possibly represent -- have people represent them, 19 maybe some at-large or some combination of all of the above. 20 But I think it's a -- it's clearly something we need to be 21 working together on. This benefits the city and the county 22 and all the taxpayers. 23 COMMISSIONER NICHOLSON: Yes, I agree with 24 everything I've heard you say, and I think it's really 25 important. And the -- the debate over what the strategy 7-10-06 13 1 should be should be interesting. I think that it's -- 2 ofttimes, we assume that there's a lot of support for economic 3 development, and that may not be entirely the case. There's a 4 lot of -- of support for, after you move here, lock the gate; 5 don't get let anybody else in. So, I think we need to at 6 least -- it needs to be discussed. We need to have a strategy 7 that can be supported by those who have a role and have a 8 stake in it. 9 COMMISSIONER LETZ: I think you have a good point, 10 that we need to include people that are not always real 11 pro-economic development. Like, the Chamber and E.I.C., 12 K.E.D.F., they're all obviously pro this. And there's a lot 13 of constituents of both the city and the county that are not 14 pro. They look at this as costing them money, and they don't 15 want to spend money on anything. And they're usually a pretty 16 strong force, whether it's a county issue or city issue, so I 17 think they need to at least be given an opportunity to 18 participate. 19 COMMISSIONER BALDWIN: In regards to your locking 20 the gate after you get moved in here, I have talked for years 21 to TexDOT, trying to get one-way signs all pointing out, but I 22 have found that that doesn't work, and they are going to come 23 here and build and buy and do things, regardless of who you 24 are and what you do. So, I think the best plan is to prepare 25 and try to stay out in front of them, and this Court does 7-10-06 14 1 that. And this is another -- another vehicle to do that with. 2 I know the Judge has talked about -- many times about trying 3 to get the -- or how to -- how out of kilter the taxes are, 4 and we need to get the businesses back up with the -- with the 5 ad valorem taxes. And this is a great, great program. I 6 think it's a good start. 7 COMMISSIONER LETZ: I'll make a motion to approve 8 the resolution and add it to our agenda for our joint meeting, 9 whenever that is, end of July or early August. 10 COMMISSIONER WILLIAMS: Second. 11 JUDGE TINLEY: Motion made and seconded. Any 12 question or discussion? 13 COMMISSIONER NICHOLSON: I just wanted to add on to 14 what Commissioner Baldwin was saying. Particularly last year, 15 it seemed like every week you'd pick up the San Antonio 16 newspaper, and they're getting 100 more jobs here and 400 more 17 jobs there. The business environment in San Antonio is 18 amazing. 19 COMMISSIONER WILLIAMS: It is. 20 COMMISSIONER NICHOLSON: And we're not very far 21 away. We should get some of those good, high-paying jobs. 22 COMMISSIONER WILLIAMS: In that context, I was 23 hopeful that we would get some of those suppliers, but thus 24 far, that hasn't happened. 25 JUDGE TINLEY: As Commissioner Baldwin mentioned, 7-10-06 15 1 our -- our distribution of our tax base on the residential ad 2 valorem portion, on the residential property owner, is 3 increasing more and more. We do need to try and find a way to 4 redistribute that tax base, and the only way to do it, in my 5 opinion -- well, we can stop residential growth, I suppose, 6 but I don't think you're going to do that. The other option 7 is to increase your business and commercial and industrial 8 activity upon which your tax base is dependent. I'm sure the 9 members of the Court recall, two or three years ago I put on 10 the agenda of the court the appointment of a committee to come 11 up with some strategies, with input from all taxing 12 jurisdictions or government jurisdictions, to try and create 13 some sort of a baseline matrix of incentives for -- for 14 economic development, because we're in a competitive 15 environment, and we need to know what our competition is 16 doing. When they -- when they reach out, they're trying to 17 attract new businesses, or even come after our existing 18 businesses. There's a lot of that going on. Just because 19 they're already here doesn't mean we've got them captured. If 20 they desire to expand, there are other communities that -- 21 that court them and offer them incentives, and we need to be 22 in a position to give them some -- some incentives so that 23 they can expand their business operations here and remain 24 here. And I -- I think it's an absolute must for us to move 25 forward on economic development to have that incentive 7-10-06 16 1 strategy that's signed off on as a baseline by all the 2 governmental entities that have any control over those 3 incentives. So, I think it's -- it's an absolute must-do step 4 before we can move forward, and I wholeheartedly support it. 5 Any other question or comments? 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. Let's move to 11 Item Number 2, if we might. Consider, discuss, and take 12 appropriate action to approve a data processing service 13 agreement between Kerr County and Indigent Healthcare 14 Solutions, Limited, for the administration and claims 15 processing related to the indigent health care program. 16 Mr. Tomlinson? 17 MR. TOMLINSON: I have with me a contract with 18 the -- with Indigent Healthcare Solutions, Limited, for data 19 processing service agreement. You all do not have a copy of 20 it. It's currently with the County Attorney, and has been for 21 the last, probably, 10 days. We're trying to work out some 22 details with the other party. This contract will be effective 23 September the 1st. It's for two years, to expire September 24 the 1st of '08. There is a funding clause in the contract 25 that allows us to escape -- escape clause after -- after one 7-10-06 17 1 year, so that is in the contract. This service agreement, as 2 the agenda item says, is for the processing of and 3 administration of our Indigent Health Care program. 4 Currently, we -- we are under contract with a firm in Houston 5 called VeriClaims, Inc., and under that contract, we -- the 6 County is paying 4.5 percent of our eligible expenses for the 7 year for their service. This -- this contract is a monthly 8 amount of $1,388 per month. It's for two users. Our 9 person -- our representative at Sid Peterson Hospital that 10 administers this program will be able to access the software 11 via the internet. We're not required to purchase any 12 equipment of this -- the software will be hosted via the 13 internet at the company headquarters in -- in Conroe, Texas. 14 So, I'm presenting this to you today for approval, subject to 15 the finalization and approval by the County Attorney. 16 COMMISSIONER BALDWIN: Tommy, does this company 17 replace VeriClaims? 18 MR. TOMLINSON: Yes, it will. Our contract expires 19 with VeriClaims September the -- August the 31st. 20 COMMISSIONER BALDWIN: Okay. And why -- why are we 21 -- we've been with VeriClaims a long time. 22 MR. TOMLINSON: Long time, yes. 23 COMMISSIONER BALDWIN: And why are we changing? 24 MR. TOMLINSON: Well, I think the major benefit of 25 this -- of this software, it gives our administrator at the 7-10-06 18 1 hospital some technology that's available through this company 2 that she -- that she does not have at the present time. I 3 think it will really help that person in administering the 4 program. And I -- in other words, establishing eligibility, 5 keeping up with who's eligible and when that eligibility 6 expires and all those kinds of issues that relate to -- to 7 administration. Currently, she does all that manually. She 8 has no -- no help from a technology standpoint. The 9 administration part of the -- of the system then will 10 integrate with -- with the invoice pavement side, so 11 everything that -- that our administrator enters on the 12 administration standpoint, we see. And then when -- when 13 invoices are presented for payment, we can do it internally, 14 rather than -- than sending invoices to VeriClaims, have them 15 approve them, send the checks back and -- and the billings for 16 your approval. 17 I think it will help also in the -- in streamlining 18 the effectiveness of the invoice payment. I think we will be 19 able to get our vendors paid more -- more frequently. As it 20 stands now, it's -- we have at least a 30-day turnaround for 21 invoices, paying our vendors, so I think -- I think this will 22 help that situation. Also, through -- through this process, 23 we can include all the inmates at the county jail, and those 24 inmates become -- all of them, 100 percent, become eligible 25 for indigent health care, and we can enroll them -- those 7-10-06 19 1 inmates through this system to make sure that -- that the 2 County pays only the amount that the State allows for 3 medications and medical procedures. Right now, we are paying 4 full price for every procedure and every medication that 5 inmates are -- are utilizing. 6 COMMISSIONER LETZ: Tommy, so this -- I mean, this 7 is going down the path to where we were trying to go when we 8 met with the representative from Sid Peterson Hospital, to get 9 a lot more local control under our indigent health care and 10 start getting -- be able to -- 11 MR. TOMLINSON: I think that's -- 12 COMMISSIONER LETZ: -- reject more people, probably. 13 And, plus, we're -- this would cost us about half what we're 14 currently paying -- less than half of what we're currently 15 paying. 16 MR. TOMLINSON: I think that's a fair statement, 17 yes. 18 COMMISSIONER BALDWIN: Did you say that 100 percent 19 of the prisoners are automatically enrolled in indigent health 20 care? 21 MR. TOMLINSON: It has -- there has to be a 22 resolution passed by the Court that allows that to happen, but 23 that is a possibility. And -- 24 COMMISSIONER BALDWIN: What if you have -- what if 25 you have a guy with -- that's wealthy, like Rusty Hierholzer, 7-10-06 20 1 that has a fireplace in his trailer. (Laughter.) The -- I 2 mean, you automatically enroll him in indigent health care? 3 MR. TOMLINSON: That's right. That's exactly right. 4 COMMISSIONER BALDWIN: And then, once we find that 5 he's wealthy, then he's kicked out? Are we -- I'm not 6 following. 7 MR. TOMLINSON: Well, I think because they're 8 incarcerated, they become indigent. They have -- they have no 9 way to provide for themselves. So, what it does, I think, is 10 it will -- it will save us -- save the County -- I've seen 11 numbers from other counties up to 50, 60 percent on the 12 prisoner medical. It also gets us to our -- our 6 percent or 13 our 8 percent quicker, and so we're -- total, we're not out 14 any more funds. I mean, when we reach 8 percent, we can't go 15 past 8 percent. So -- 16 COMMISSIONER LETZ: Assuming the State has funds 17 budgeted. 18 MR. TOMLINSON: Assuming that they do have funds. 19 That is a big assumption. But -- but I just think that 20 there's an opportunity there for us to streamline the program 21 and -- and benefit from savings that we could derive at the 22 prisoner -- 23 COMMISSIONER WILLIAMS: How about the youth at the 24 Juvenile Detention Facility? They, too, can be covered? 25 MR. TOMLINSON: Right now, we -- I don't think we 7-10-06 21 1 have that much at the facility, because they're just -- 2 they're there for very short periods of time. Now, if we have 3 postadjudicated residents, then I would say yes. 4 JUDGE TINLEY: The discussions I've had with the 5 indigent health care representatives have indicated that they 6 have gone into various jurisdictions and have actually pulled 7 out chunks of -- two months, for example, of medical bills in 8 a jail facility, and have shown that through their program, 9 the percentage savings or the amount that would have been paid 10 under their program would have been significantly less. 11 What -- what are those percentages? Where do they run? 12 MR. TOMLINSON: I've seen it as high as 60 percent. 13 JUDGE TINLEY: We have an obligation to provide 14 medical services to anybody we have incarcerated, and we 15 provide those services now, and then we may or may not take 16 whatever means we have available at our disposal to try and 17 collect that from the inmate or any insurance the inmate may 18 have. Is that where we are now? 19 MR. TOMLINSON: I think so. That's a good -- 20 JUDGE TINLEY: What do we collect from inmates -- or 21 what have we collected in the past year from inmates for their 22 medical -- medical treatment that's been provided for them 23 while they were incarcerated? 24 MR. TOMLINSON: Percentage-wise, I don't think it's 25 significant. 7-10-06 22 1 JUDGE TINLEY: Okay. Sheriff, you've got some 2 numbers for us? 3 SHERIFF HIERHOLZER: I don't have any exact numbers. 4 It is -- I don't think, in this county, that we will see quite 5 a 50 or 60 percent savings, because over the last five or six 6 years, we have worked with Sid Peterson Hospital and them over 7 billing of inmates, such as if an inmate comes in with an 8 illness that he's already had prior to being incarcerated, the 9 hospital bills that inmate. Probably, technically, under the 10 law and that, we could be billed for it. We may see that 11 start to happen, so that could, you know, raise our costs up, 12 which, true, we can go through there and get some savings. On 13 prescriptions, now, I do have anywhere from a $6,000- to 14 $8,000-a-month prescription bill for inmates, okay? On actual 15 prescriptions ordered by the doctor. Now, that would be a 16 huge savings, probably, on those prescriptions, but right now, 17 until this new system -- we've got some bugs in it, the 18 computer system, but we had been billing those inmates for 19 those prescriptions and collecting that portion of that money 20 back out of the commissary account and then returning it back 21 to the account to be paid, so we're already getting some 22 reimbursements. But, yeah, it would help. I don't know if 23 we'd see a 50 or 60 percent. 24 COMMISSIONER LETZ: Rusty, I know we don't have a 25 lot of Bill Gates types in the Kerr County Jail, but if 7-10-06 23 1 someone comes in that has the financial means and has private 2 insurance, whether it's -- wherever, are we obligated to pick 3 that up, even though they have that insurance? 4 SHERIFF HIERHOLZER: Doesn't matter what their 5 status is. If they come in and have an illness while they're 6 in the jail, under the current state laws and that, the County 7 is responsible for any and all medical of inmates, period. 8 COMMISSIONER NICHOLSON: Next time I get sick, I'm 9 going to get Rusty to put me in jail. 10 SHERIFF HIERHOLZER: But -- yeah, that is 11 unfortunate, but we are obligated to do that. 12 COMMISSIONER WILLIAMS: That would be a situation 13 where the cure is worse than the illness. 14 COMMISSIONER LETZ: Okay. Well, anyway, is there a 15 reason we have to approve this without seeing a contract? I 16 know Rex's office -- is this a time-sensitive matter? 17 MR. TOMLINSON: I just want to make sure we have a 18 contract in place before we write a letter to VeriClaims 19 stating that we will not renew that contract. 20 COMMISSIONER BALDWIN: I've got a motion. 21 COMMISSIONER LETZ: Okay. 22 JUDGE TINLEY: Just a minute. County Attorney? 23 MR. EMERSON: Just for purposes of information, 24 there were five issues that I have with the contract. In 25 principle, they've agreed to amend all those issues. I'm just 7-10-06 24 1 waiting on the amendment. 2 COMMISSIONER BALDWIN: Based on the recommendation 3 of the County Attorney and approval of the contract with the 4 -- I mean, recommendation of the County Auditor and approval 5 of the contract with the County Attorney, I move approval of 6 this agenda item. 7 COMMISSIONER WILLIAMS: Second. 8 JUDGE TINLEY: Motion made and seconded for approval 9 of the agenda item. Any question or discussion on the motion? 10 All in favor of the 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 you 16 very much. We'll move to the next item on the agenda; 17 consider, discuss, and take appropriate action to designate a 18 county representative with settlement authority to represent 19 the County in the E.B.A. litigation mediation. Mr. Emerson? 20 MR. EMERSON: Gentlemen, enclosed in the agenda item 21 was a letter from Mr. Walraven, who -- currently, they're 22 working on a mediation date for the E.B.A. case sometime 23 around the end of July, first part of August. But principal 24 to any mediation is, you have to have somebody from each party 25 that has the authority to make a decision at the mediation, 7-10-06 25 1 and as such, Kerr County needs to appoint a party or parties 2 to represent them at the mediation that have the authority to 3 settle the issue. 4 COMMISSIONER BALDWIN: Do you have that authority? 5 MR. EMERSON: No, sir. 6 COMMISSIONER BALDWIN: You, personally, as the 7 County Attorney? 8 MR. EMERSON: No, sir. 9 COMMISSIONER BALDWIN: Chicken. Well, and you said 10 "party" or "parties," so it could be more than one? 11 MR. EMERSON: Correct. It's the Court's discretion. 12 COMMISSIONER BALDWIN: Could it be all five of us? 13 MR. EMERSON: I don't know that that would be a good 14 idea. 15 COMMISSIONER BALDWIN: No, I'm just asking. 16 MR. EMERSON: Practically speaking, it could be, 17 but... 18 COMMISSIONER BALDWIN: Yeah, we could play tag on 19 the thing. I've got a motion, ready to go. 20 COMMISSIONER WILLIAMS: Make it. 21 COMMISSIONER BALDWIN: I move that we appoint the 22 County Judge and Commissioner Letz as our designated 23 representative with the settlement to -- with settlement 24 authority to represent the County in the E.B.A. litigation 25 mediation. 7-10-06 26 1 COMMISSIONER NICHOLSON: Second. 2 JUDGE TINLEY: Motion made and seconded. Any 3 question or discussion? 4 COMMISSIONER LETZ: Yes. 5 COMMISSIONER WILLIAMS: He didn't talk to you first? 6 COMMISSIONER LETZ: My question is, I would feel a 7 lot more -- I don't -- I'll be glad to do it; I think we need 8 to get the lawsuit behind us, and I think it's -- I have no 9 problem at all with the Judge and myself being appointed to do 10 it, but I would like a little bit of guidance from the Court 11 as to what type of a settlement they think is appropriate. Or 12 is that something that's -- just leave it up to the Judge and 13 I? We always agree on everything, so that shouldn't be a 14 problem. (Laughter.) 15 JUDGE TINLEY: Of course, if we're going to talk 16 about guidelines, that's something we need to go into 17 executive session about; it's a litigation item. But, -- 18 COMMISSIONER LETZ: I mean, I -- 19 JUDGE TINLEY: -- you know, this -- this thing could 20 come from any direction, and I don't know what we're going to 21 be presented with. The good news is, we're going to have -- 22 we're going to have our attorney who's representing our 23 interests there to -- to consult with, and that's probably the 24 best thing we got going with us. And then we make a business 25 judgment decision as to whether or not we think it's -- it's 7-10-06 27 1 appropriate, in the County's best interests or not. And, of 2 course, he's going to give us his thinking and recommendations 3 or pros, cons, whatever, and the best thing we got going is 4 our lawyer that's representing us. He'll be there, available 5 to us. 6 COMMISSIONER LETZ: So, really, I mean, playing the 7 what-if game now really is a waste of time. 8 JUDGE TINLEY: That's my thinking. 9 COMMISSIONER NICHOLSON: I promise not to 10 second-guess you when you settle it. 11 JUDGE TINLEY: Any other question or discussion? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Let's go to 18 Item 4, if we might. Consider, discuss, and take appropriate 19 action to set a public hearing for the revision of Tracts 7 20 and 8 of Treasure Hills Subdivision, as set forth in Volume 5, 21 Page 50, Plat Records, and located in Precinct 1. 22 MR. ODOM: Yes, sir. This revision is to be done 23 under the alternate plat process. One neighbor is selling the 24 other 44 hundredths of an acre. The smallest lot will be 25 13.66 acres. Request the public hearing to be set for 7-10-06 28 1 August 28, 2006, at 10 a.m. 2 COMMISSIONER BALDWIN: So moved. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: Motion made and seconded to set a 5 public hearing on the agenda item -- as requested on the 6 agenda item for August the 28th, 2006, at 10 a.m. Any 7 question or discussion on the motion? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. We'll move to 13 Item Number 5; consider, discuss, and take appropriate action 14 to change the name of a preliminary plat from Cypress Springs 15 Estates, Phase 2, Section Two, to Vistas Escondidas de Cypress 16 Springs Estates, and located in Precinct 4. 17 MR. ODOM: Yes, sir. The preliminary plat for 18 Cypress Springs Estates, Phase 2, Section Two, has been 19 approved, but the final plat will not appear before the Court 20 until July the 24th, 2006, sometime around that area. Kash 21 Morrow is requesting the name of the subdivision be changed to 22 Vistas Escondidas de Cypress Springs Estates. Our records 23 shows many Vistas, but nothing with that name. Therefore, we 24 have no objections to the name change. 25 COMMISSIONER NICHOLSON: Como se dice en inglés, 7-10-06 29 1 Vistas Escondidas? 2 COMMISSIONER LETZ: Hidden views. 3 COMMISSIONER BALDWIN: Hidden views? This is really 4 getting good. Hidden views. 5 COMMISSIONER LETZ: I think that's right. Isn't it? 6 COMMISSIONER NICHOLSON: I'm going to move to 7 approve the name change. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: Motion made and seconded for approval 10 of the agenda item. Any question or discussion? All in favor 11 of the motion, 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. Let's move to 16 Item 6; consider, discuss, and take appropriate action on 17 renewing the 2007 Texas VINE Annual Maintenance Grant Contract 18 and authorize the County Judge to sign the same. Sheriff? 19 SHERIFF HIERHOLZER: We need three signatures, and 20 here's three of the other ones that each need one signature. 21 COMMISSIONER WILLIAMS: Welcome back, Mr. Sheriff. 22 COMMISSIONER LETZ: How's the fireplace? 23 SHERIFF HIERHOLZER: How's what? 24 COMMISSIONER LETZ: Fireplace. 25 SHERIFF HIERHOLZER: It's nice, but I didn't get to 7-10-06 30 1 use it; it wasn't cool enough. It wasn't bad up in the 2 Smokies, though. This is our annual -- VINE is the system 3 that's actually paid for through the Attorney General's 4 office, and what it does is, it's a victims' immediate 5 notification system to where, if there's a person in jail on 6 family violence or -- or anything that has another person as a 7 victim, that person can call a phone number and register, and 8 if there's any status change in that inmate, whether he's 9 being released on bond, whether he's got a court date coming 10 up or anything else with him, that automatically calls that 11 victim, the system does, and lets them know what that status 12 change is and that this person's getting out of jail or things 13 like that. It's used statewide, and it's used in a number of 14 other states. It does not actually cost Kerr County anything 15 to do this. You have two different deals and items; it's 6 16 and 7. One is the maintenance contract itself with VINE, with 17 the A.G.'s office, and the other one is with Appriss, who is 18 the -- the company that actually maintains it for the Attorney 19 General's office. And it's a very useful tool, and it does 20 help notify victims of any status changes. The law currently 21 says that -- that even law enforcement itself -- the jail is 22 supposed to call the victim when a person's getting out of 23 jail and let that person know, and this allows that to be done 24 automated, and doesn't tie up our people all the time trying 25 to notify victims. 7-10-06 31 1 COMMISSIONER BALDWIN: But it does say, "County 2 agrees to maintain the services in a manner consistent..." 3 SHERIFF HIERHOLZER: What we -- 4 COMMISSIONER BALDWIN: Is there -- have we spent any 5 Kerr County taxpayers' money in maintaining this program? 6 SHERIFF HIERHOLZER: No. 7 COMMISSIONER BALDWIN: Are we talking about a 8 computer program? 9 SHERIFF HIERHOLZER: It's a computer program. 10 There's a computer that we have at the office that we have to 11 do monthly tests on. We have to print out, you know, test 12 sheets, and I actually get one of my guys to sign up for it 13 with an inmate, you know, and see if he gets automatically 14 notified, and it's just testing the system. We did have a 15 computer go out, and they replaced it -- Appriss replaced it. 16 Didn't cost us. It all gets reimbursed by the Attorney 17 General's office. 18 COMMISSIONER BALDWIN: Super. 19 COMMISSIONER LETZ: And it's basically the same 20 contract as we had last year? 21 SHERIFF HIERHOLZER: Yes. 22 COMMISSIONER LETZ: Move approval of the VINE 23 contract. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for approval 7-10-06 32 1 of the agenda item. Any question or discussion? 2 SHERIFF HIERHOLZER: And to allow the County Judge 3 to sign same. 4 COMMISSIONER LETZ: And to authorize the County 5 Judge to sign same. 6 JUDGE TINLEY: Any questions or discussion on the 7 motion? All in favor of the motion, signify by raising your 8 right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's move 13 to Item 7; consider, discuss, and take appropriate action on 14 reviewing the 2007 Appriss, which is the provider of the VINE 15 service, service agreement, and authorize County Judge to sign 16 same. 17 SHERIFF HIERHOLZER: Same thing. This is just the 18 second half. Like I said, it's run through the Attorney 19 General's office, and that's who pays for it all. Appriss is 20 the company that actually administers and maintains it, 21 besides our local -- 22 COMMISSIONER LETZ: Does the Attorney General's 23 office give Kerr County funds and Kerr County gives the funds 24 to Appriss? 25 SHERIFF HIERHOLZER: Yes. 7-10-06 33 1 COMMISSIONER LETZ: Is that how it works? 2 SHERIFF HIERHOLZER: Yes. 3 COMMISSIONER LETZ: Move approval -- 4 COMMISSIONER BALDWIN: Second. 5 COMMISSIONER LETZ: -- of the agreement with Appriss 6 to administer the VINE program. 7 JUDGE TINLEY: Motion made and seconded for approval 8 of the agenda item. Any question or discussion? All in favor 9 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. 14 SHERIFF HIERHOLZER: Thank you. 15 JUDGE TINLEY: Thank you, sir. Let's move to Item 16 8; consider and discuss County Treasurer's notification that 17 her office will discontinue human resources functions as of 18 August 1, 2006; obtain clarification from Treasurer of what 19 functions or activities comprise or fall under "human resource 20 function"; obtain clarification from Treasurer of specific 21 duties or functions which are currently being performed 22 outside of her office and which she believes are required by 23 law to be performed by her office and should be returned to 24 her office; consider and discuss adequacy of staffing and 25 resources provided to County Treasurer's office and its 7-10-06 34 1 performance. This, as all of you know, is a carryover item 2 that I put on the agenda last time. We received notification 3 from the County Treasurer that -- that effective August 1, she 4 was not going to perform a human resources function. That was 5 contained in a memo of June 12th, 2006. For planning 6 purposes, I want to know what -- what all is contained in the 7 human resources function. And the memo also refers to other 8 duties that were being performed outside of the Treasurer's 9 office that she asked be returned to her office as part of her 10 official lawfully designated duties. I want to know what 11 those are for planning purposes. 12 COMMISSIONER LETZ: On that point, I'll just add a 13 question, I think probably to the Treasurer. How are -- 14 how -- or how were functions that are required by law to be 15 done by the Treasurer being done by somebody else? I don't 16 see that anyone has authority, including this Court, to 17 reassign responsibilities that, by law, go to any elected 18 official. And I just -- that's kind of a follow-up as to -- I 19 just -- I really have a hard time figuring out how that 20 happened. I presume it's done by the Court, maybe. I don't 21 know. 22 COMMISSIONER BALDWIN: Well, I agree with everything 23 that's been said. Only thing I'd like to see changed on here 24 is this August 1. I'd like to see that changed to October 1. 25 It's almost unrealistic for us to take whatever those programs 7-10-06 35 1 are and put -- put them in place under us. I just -- that's 2 pretty -- going to be pretty hard to do in a short time frame. 3 And I would think October 1 is a more realistic time for us to 4 get -- to get all of our stuff done. 5 COMMISSIONER WILLIAMS: Commissioner Nicholson and I 6 have Agenda Item Number 11, which deals with a majority of -- 7 of this discussion. That would be part of this discussion, 8 including the extension of that date. The question is, where 9 do you want to talk about it? 10 COMMISSIONER LETZ: Why don't you call both of them 11 at once, if they're related? 12 JUDGE TINLEY: Well, my impression was that Item 13 Number -- 14 COMMISSIONER BALDWIN: 8. 15 JUDGE TINLEY: -- 11 was an executive session item 16 dealing with particular employees. 17 COMMISSIONER WILLIAMS: Yes. 18 JUDGE TINLEY: We're dealing with functions here, 19 and I don't think that's an executive session item. I think 20 we're dealing in a -- more in a structure situation. And -- 21 COMMISSIONER WILLIAMS: Item 11 deals with both 22 aspects, Judge. It deals with a reassignment of 23 administrative functions, as well as the personnel issues. 24 COMMISSIONER LETZ: But I think they're separate 25 issues. I would agree they're separate issues. One's -- you 7-10-06 36 1 know, we really need input from the Treasurer. The other one 2 is a -- once we get that input, we need to make a decision. 3 JUDGE TINLEY: That's my feeling. Until we know 4 what's coming away from there and what's going back from 5 there, it puts us in a position where we can't make a 6 meaningful decision as to how to do any reorganizations or how 7 to restructure or -- or how to assign particular duties, if we 8 don't know what's included or what's not included. 9 COMMISSIONER WILLIAMS: I believe we plan to share 10 that with the Court under Item 11. 11 COMMISSIONER LETZ: Barbara? 12 JUDGE TINLEY: Not in executive session. I don't 13 think we can, is the problem with it, what I see. 14 COMMISSIONER LETZ: Are you feeling better? 15 MS. NEMEC: Yes, I am. Thank you. What questions 16 may I answer for you? 17 JUDGE TINLEY: On the human resources item that you 18 refer to in your June 12 memo that you were no longer going to 19 perform effective August 1, 2006, does keeping and maintaining 20 personnel files of each county employee fall under that? 21 MS. NEMEC: Yes. 22 JUDGE TINLEY: Does preparing reports and 23 documentation required by state and federal agencies regarding 24 personnel matters fall under that? 25 MS. NEMEC: No. 7-10-06 37 1 COMMISSIONER LETZ: What -- the "yes" is to -- is 2 your responsibility or is not your responsibility? 3 MS. NEMEC: That is my responsibility, what he's 4 reading off there. 5 COMMISSIONER LETZ: Okay. Filing reports related to 6 personnel? 7 MS. NEMEC: Yes, like the 941 reports. Those are my 8 responsibility. 9 COMMISSIONER LETZ: Okay. 10 JUDGE TINLEY: Okay. So, you're -- 11 MS. NEMEC: And, really, the question is here -- 12 y'all had talked about outsourcing payroll, and a lot of that 13 is going to have to do with -- with what your decision on that 14 is. And let me interject here that Commissioner Williams and 15 Commissioner Nicholson and the Auditor and I had a meeting to 16 talk about the human resources and the payroll functions, and 17 at that point we came up with September 30th as a date, if 18 those functions were, indeed, going to be transferred 19 somewhere else. At that meeting, also, I informed both 20 Commissioners that if my office was adequately staffed to 21 continue these services, that I would be glad to do it. But 22 as it is now, it is not, and in order for it to function 23 appropriately, it would be -- I would need to be adequately 24 staffed. So, again, that's something for you all to consider 25 also. 7-10-06 38 1 JUDGE TINLEY: Let me inquire, if I might. In your 2 response to my inquiry as to preparing reports and 3 documentation required by state and federal agencies regarding 4 personnel matters, you indicated that that did not fall under 5 the human resource function that you gave us notice about. Is 6 that what I'm understanding? But only as it relates to 941 7 reports? 8 MS. NEMEC: I'd have to -- I'd have to go back and 9 look what falls under that law, but I know the 941 reports is 10 one of them. 11 COMMISSIONER LETZ: Probably under Texas Workforce 12 Commission would be the same. That's the same basic thing. 13 MS. NEMEC: Right. 14 JUDGE TINLEY: The Texas Workforce Commission 15 report, that would also remain in your office? Is that what 16 I'm hearing from you? It didn't fall under the -- the human 17 resource function that you notified us about? 18 MS. NEMEC: I'm not real sure. I've been in contact 19 with the Treasurers Association, and they are rewriting our 20 manual as to what our constitutional duties are. That hasn't 21 been adopted yet. It's almost finished, and I'd be more 22 prepared to answer those questions when that manual is, in 23 fact, adopted by the association. 24 JUDGE TINLEY: Is maintaining time records, is that 25 a human resource function? 7-10-06 39 1 MS. NEMEC: I believe so. 2 JUDGE TINLEY: All right. Is monitoring 3 accumulations of vacation, sick leave, and overtime a human 4 resource function? 5 MS. NEMEC: That's either a human resource function, 6 and also with the time records, or a payroll function. And I 7 had stated in my memo that I would be glad to sit down with 8 the County Attorney and a member of this Court to determine 9 what functions were human resources or payroll, or which were 10 under my -- fall under, you know, my constitutional duties. 11 I'm not prepared to answer all those questions here in court. 12 I had asked for a separate meeting for all that. 13 JUDGE TINLEY: Is administering benefits -- the 14 benefits programs, is that a human resource function? 15 MS. NEMEC: Yes. 16 JUDGE TINLEY: Is working with the County Auditor in 17 matters of accounting and compensation a human resource 18 function? 19 MS. NEMEC: Either that or a payroll function. 20 JUDGE TINLEY: Is payroll preparation a human 21 resource function? 22 MS. NEMEC: No. 23 COMMISSIONER LETZ: A payroll function, correct? 24 MS. NEMEC: Right. 25 JUDGE TINLEY: Is preparation and filing of all 7-10-06 40 1 I.R.S. and Social Security reports a human resource function? 2 MS. NEMEC: No. 3 JUDGE TINLEY: Is administration and execution of 4 the voluntary payroll deductions for voluntary insurance 5 programs for employees, such as AFLAC, is that a human 6 resource function? 7 MS. NEMEC: Not the deduction or the payment of 8 them, but the administration of it. 9 JUDGE TINLEY: So, the administration, no. The 10 execution, yes. Would that be the same with regard to 11 voluntary payroll deductions for credit union payments? 12 MS. NEMEC: Yes. 13 JUDGE TINLEY: Okay. Retirement reports and 14 contributions, is that a human resource function? 15 MS. NEMEC: Again, the administration of that is, 16 but the deduction and the payment is not. 17 JUDGE TINLEY: The health benefits programs, the 18 life insurance component of that, is that a human resource 19 function? 20 MS. NEMEC: The administration part of it, not the 21 payment. 22 JUDGE TINLEY: Would that be the same answer for 23 administration and contribution to the County health plans? 24 MS. NEMEC: Yes. 25 JUDGE TINLEY: Would that be the same -- what about 7-10-06 41 1 the HIPAA program? 2 MS. NEMEC: HIPAA is a human resource function, and 3 so is F.M.L.A. 4 JUDGE TINLEY: Okay. 5 MS. NEMEC: And the title of Safety Coordinator, I 6 believe that would be a human resource function. 7 JUDGE TINLEY: Okay. Would it be the same as COBRA? 8 MS. NEMEC: Yes. 9 JUDGE TINLEY: Okay. Matters concerning the health 10 reimbursement accounts, would that fall under human resource 11 or not? 12 MS. NEMEC: Health reimbursement accounts as far as 13 what? We have so many different... 14 COMMISSIONER WILLIAMS: Part of the health insurance 15 program. 16 JUDGE TINLEY: It's part of our health benefits 17 program. 18 MS. NEMEC: The reimbursement -- anything having to 19 do with financing is part of the payroll function. 20 JUDGE TINLEY: Okay. 21 MS. NEMEC: Anything having to do with the 22 administration of it is a human resource function. 23 JUDGE TINLEY: Okay. How about Comptroller's 24 reports? 25 MS. NEMEC: That would be a County Treasurer 7-10-06 42 1 function. 2 JUDGE TINLEY: Okay. How about the grade and step 3 schedule? 4 MS. NEMEC: I think that's a payroll function. 5 JUDGE TINLEY: Okay. So, that would be included in 6 -- that would not be included in a human resource function; is 7 that what you're telling me? 8 MS. NEMEC: No, that would be a payroll function. 9 JUDGE TINLEY: Okay. Personnel schedules? 10 COMMISSIONER LETZ: I have -- 11 MS. NEMEC: Payroll function. 12 JUDGE TINLEY: Pardon? Payroll? 13 COMMISSIONER LETZ: -- a comment, if I may. Can we 14 go back to step and grade? The -- I presume you -- the 15 payroll portion of that is the dollar amount that's attributed 16 to it, but the actual creation of the step and grade system, 17 seems like, is a human resource function, to me. I mean, I 18 don't -- I mean, to me, I don't see -- 19 COMMISSIONER WILLIAMS: That's the way I see it, 20 too. 21 COMMISSIONER LETZ: That whole system is a human 22 resources -- is part of how we do our whole structure. But I 23 agree that the -- to make sure it stays in balance, as I 24 understand it, payroll covers everything about money, and as 25 the money relates to the step and grade system, which 7-10-06 43 1 obviously it does. 2 MS. NEMEC: And payment of it. 3 COMMISSIONER LETZ: And payment of it, it is. 4 MS. NEMEC: I would agree with that. 5 COMMISSIONER LETZ: Okay. So, it's kind of both. 6 JUDGE TINLEY: How about the workmen's compensation 7 administration and reporting? 8 MS. NEMEC: I believe that's a human resource 9 function. 10 JUDGE TINLEY: Okay. I believe you said the safety 11 program was a human resource function? 12 MS. NEMEC: Yes. 13 JUDGE TINLEY: The coordination of that? 14 MS. NEMEC: Yes. 15 JUDGE TINLEY: Are there any other functions or 16 duties or tasks that you've been handling that you will not be 17 handling under your notification to us that fall under the 18 category of human resource function? 19 MS. NEMEC: No. 20 JUDGE TINLEY: Okay. What about -- 21 MS. NEMEC: Not that I know at this time. Like I 22 said, I was prepared to sit down with a member of this Court 23 and the County Attorney and go over the Constitution and the 24 Treasurer's newly revised manual, once it was done, and then 25 go from there to be able to answer any -- answer more of these 7-10-06 44 1 questions. 2 JUDGE TINLEY: Okay. 3 MS. NEMEC: As my memo stated. 4 JUDGE TINLEY: In your memo, you indicated that 5 there were duties that were being performed by other offices 6 or employees that properly fell under your purview by law, 7 that needed to be returned to your office. 8 MS. NEMEC: Again, that's something -- 9 JUDGE TINLEY: What do those include? 10 MS. NEMEC: That's something that the Treasurers 11 Association and the Auditors Association is trying to work out 12 and determine, because it's done differently in different 13 counties, is the input of the accounts payable. Some believe 14 that the Treasurer's office should be inputting the accounts 15 payable and the Auditor's office should be auditing them, but 16 it's done differently in all counties. So, again, that's 17 something that the Auditors and the Treasurers Association is 18 trying to work out right now. 19 COMMISSIONER LETZ: I guess my -- 20 JUDGE TINLEY: So, you're unable to give us an 21 itemization of those specific duties that are being done 22 outside of your office that you think should be returned to 23 your office? 24 MS. NEMEC: Right. 25 JUDGE TINLEY: Okay, thank you. 7-10-06 45 1 COMMISSIONER LETZ: Question. You referred several 2 times to the Treasurer's manual, and I understand that's a -- 3 a cleaner way to look at it, but the statutes are the 4 statutes. I rely much more on the County Attorney's 5 interpretation than on what some association says, and I look 6 at the County Attorney as an arm of the Attorney General in 7 that area -- in that respect. So, to me, I have no -- I agree 8 that reading through the statute and accumulating all that 9 information is very difficult, but I really look more to Rex 10 as to what your duties are than an association's 11 interpretation of the law. 12 MS. NEMEC: In the manual -- I've seen a rough 13 draft, and it refers to a lot of statutes also. But, you 14 know, that is why I wanted to get with the County Attorney, 15 because I felt that would be the best way to -- to determine 16 it for our county, whether it was being done correctly. 17 COMMISSIONER LETZ: I mean, I think that the -- to 18 take up your offer, I mean, I think that I'd really like to 19 see you and Commissioner Williams and Commissioner Nicholson 20 and Rex sit down and go over this. And subject to what we 21 have on our next agenda item, they may have done a lot of 22 this. But I think, for the benefit of the taxpayers and our 23 employees, this needs to be a smooth transition, and I think 24 we need to try to work together. 25 COMMISSIONER WILLIAMS: I think when we get into 7-10-06 46 1 Item Number 11, Dave and I are going to talk about the human 2 resource and the payroll aspects of it. We're not -- at least 3 I'm not prepared to mix apples with oranges at this point in 4 terms of returning things to the Treasurer that may be in some 5 other department. We didn't deal with that. We dealt with 6 the human resource and payroll aspects, and that's what we're 7 going to talk to you about. 8 COMMISSIONER LETZ: Okay. 9 COMMISSIONER BALDWIN: Let me get my question -- I'm 10 sorry. Did you -- 11 COMMISSIONER NICHOLSON: Well, to clarify it, I 12 think what we'll do in Item 11 is that we'll -- we will 13 propose a list of responsibilities that we believe are part of 14 the human resource function, and we'll do that, of course, in 15 open session and closed session. We'll talk about people we 16 have that can -- if we adopt that plan to establish a human 17 resources officer, then we'll -- in closed session, we'll talk 18 about who might be candidates to do that. 19 COMMISSIONER LETZ: And that -- so, I mean, what 20 y'all are going to talk about on 11, then, doesn't preclude 21 necessarily being under the Treasurer's department. It's just 22 we're making it clearly defined as to, this is human 23 resources, this is payroll, these are Treasurer's 24 responsibilities, these are other responsibilities that need 25 to be done by somebody. I think that will be a very useful 7-10-06 47 1 discussion. 2 COMMISSIONER BALDWIN: I've got one question. And, 3 Barbara, you have to remember, I'm the nicest guy in this 4 town, okay? You said something earlier like -- and I can't 5 remember exactly how you said it, but you said something like, 6 if your office was adequately staffed, you would be willing to 7 keep all of these things. 8 MS. NEMEC: Right. 9 COMMISSIONER BALDWIN: I'm not following. 10 MS. NEMEC: Okay. 11 COMMISSIONER BALDWIN: You and I both know -- or we 12 all know that we budgeted for a third person in there that -- 13 that you have never filled. 14 MS. NEMEC: Okay, let me explain that. 15 COMMISSIONER BALDWIN: Okay. I'm -- okay. 16 MS. NEMEC: When my chief deputy left in November, I 17 decided not to hire anyone, because in March we were going to 18 go into the new system. If I had hired someone in November, 19 it wouldn't have been cost-effective or -- or time-effective 20 to train that person on the old system and then have to train 21 on the new system, so I waited. Then, when we got the new 22 system, or were in the process of getting the new system, we 23 were told that this new system was going to alleviate a lot of 24 the manual payroll functions that we were doing, and so I 25 thought, well, okay, then I'm going to wait. I'm going to 7-10-06 48 1 give it a chance to work. Maybe I don't need to fill that 2 position. As it stands now, that has not proven to be true, 3 so that position does need to be filled. Then we're talking 4 in court, and I'm being told -- or we're being told budget's 5 coming up, you know, there are going to be more cuts. Well, I 6 refuse to hire someone in June or May, and then to tell them 7 that come October, they don't have a job, and so that's what I 8 was waiting on then. 9 COMMISSIONER BALDWIN: Okay. 10 MS. NEMEC: And, so, what I'm saying now to the 11 Court is, I am willing to continue these functions, but they 12 are two separate functions, and -- and my staff -- my office 13 cannot efficiently perform them any longer by just filling 14 that one vacancy. It is a human resource position and a 15 payroll position, and in order to continue this service, I 16 would need my payroll position guaranteed so that I can hire 17 someone and let them know that they do have a position. And 18 then I would need to hire a human resource officer. 19 COMMISSIONER BALDWIN: You have to agree, this Court 20 did the right thing by budgeting another slot there. And I'm 21 sorry that everything kind of fell apart through the -- 22 MS. NEMEC: Yeah, and there were just different 23 circumstances then that I was waiting for, and -- you know, as 24 things came up. So, that's -- that's why. 25 COMMISSIONER BALDWIN: But -- so we can't blame 7-10-06 49 1 anybody with -- if we're going to blame anybody, let's blame 2 the I.T. guys. 3 MS. NEMEC: No, it was just circumstances. And I 4 was the one willing to wait to make sure, you know -- 5 COMMISSIONER BALDWIN: That's what I wanted to hear. 6 MS. NEMEC: -- that I wasn't overstaffing, and then 7 I wasn't going to hire someone and tell them you don't have a 8 job October 1. And, so -- 9 COMMISSIONER BALDWIN: Thank you. This was a very 10 pleasant conversation. 11 MS. NEMEC: We always have pleasant conversations, 12 Buster. 13 COMMISSIONER BALDWIN: Thank you. 14 JUDGE TINLEY: On the I.T. thing, is the new -- the 15 new software programs, are they in place? 16 MS. NEMEC: New software programs? All that was 17 said that was going to be in place, no, they're not. 18 JUDGE TINLEY: Okay. 19 MS. NEMEC: There's not -- 20 COMMISSIONER WILLIAMS: Talking about payroll? 21 JUDGE TINLEY: Well, yeah, I'm -- specifically, I'm 22 talking about -- 23 MS. NEMEC: No, we're still doing -- we're still 24 taking the same amount of time on our payroll like we used to. 25 Nothing has changed on that. 7-10-06 50 1 COMMISSIONER LETZ: Is the I.T. guy here? There he 2 is. 3 JUDGE TINLEY: Did not the new software program 4 include an automated or streamlined payroll process? 5 MS. NEMEC: That has not been done. 6 COMMISSIONER LETZ: Judge, the I.T. man is sitting 7 right behind the Treasurer. 8 MS. NEMEC: Yeah, he'd be better to answer that. I 9 think there were some problems with getting started on that, 10 for whatever reason. 11 JUDGE TINLEY: Bottom line is, your office is not 12 using any different software or procedures for payroll than 13 you were using last year? 14 MS. NEMEC: We're -- we're using some, but not the 15 ones that had promised to downstream the payroll some. Those 16 are not -- those are not in place. 17 JUDGE TINLEY: Mr. Trolinger? 18 MR. EMERSON: I think you guys are getting outside 19 the line item. 20 COMMISSIONER WILLIAMS: Pardon? 21 MR. EMERSON: Getting into a specific discussion -- 22 COMMISSIONER BALDWIN: Off the agenda item. 23 COMMISSIONER WILLIAMS: Yeah, it's better to talk 24 about it under Number 11, I believe. 25 COMMISSIONER LETZ: Okay. 7-10-06 51 1 COMMISSIONER NICHOLSON: Stick around, Mr. 2 Trolinger. 3 COMMISSIONER LETZ: Don't leave. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER NICHOLSON: We want to know where we're 6 at. 7 COMMISSIONER WILLIAMS: It's part of the Number 11 8 discussion. 9 COMMISSIONER LETZ: Right. 10 JUDGE TINLEY: I think it falls under the last 11 portion of that item, but that's okay. Do we have anything 12 more on Item Number 8? Okay, let's move on, if we could, to 13 Item 9. Consider, discuss, and take appropriate action on 14 quote for sidewalk construction at Kerr County Animal Control 15 Facility. I put this back on the agenda. You recall I had it 16 on before, but the following day, the City Council was due to 17 consider an ordinance relating to the exemption of the 18 sidewalk requirement under their codes for certain commercial 19 structures. The initial indication I got was that anything 20 east of 534, and I thought, well, this is good, 'cause we're 21 east of 534. The actual ordinance says that's east of 534, 22 but which fronts on Highway 27 or Highway 173. That doesn't 23 apply to us, so we're back to square one. So, the sidewalk 24 quote is back before you. 25 COMMISSIONER NICHOLSON: The facility is near 7-10-06 52 1 completion. It's -- there's a few problems that need to be 2 cleaned up. It's not -- it's not currently usable until we 3 get some things corrected, and I'm not -- personally not in 4 any hurry to -- to make a deal to build a sidewalk. And I'm 5 not -- and perhaps we should seek at least a second quote on 6 it. So, it would be my choice to defer this -- 7 COMMISSIONER LETZ: For months? 8 COMMISSIONER BALDWIN: January 1. 9 COMMISSIONER WILLIAMS: Are we subject to an 10 occupancy permit? 11 (Commissioner Nicholson nodded.) 12 COMMISSIONER WILLIAMS: Is this going to have any 13 bearing on that? 14 COMMISSIONER NICHOLSON: Yes, but it's not -- right 15 now, it's not holding us up with things that have to be done 16 before the facility is usable. 17 COMMISSIONER LETZ: But you can't wait much. I 18 guess the reason I said that, I wasn't -- it was facetious, 19 but not -- I took the opportunity over the weekend, or the 20 last week to drive around the city of Kerrville a fair amount 21 while Karen was shopping at H.E.B. and I had Sam and Gus in 22 the car sleeping, and I was astounded at areas in the city of 23 Kerrville where code compliance doesn't exist, evidently. I 24 mean, there are lots with garbage piled up in them and -- and 25 weeds, and cars piled -- I mean, driveways and things. All of 7-10-06 53 1 these, I believe, are against the city ordinances. And I just 2 have a real problem with the City selectively enforcing their 3 codes, which it appears to me they are. So -- but if they're 4 going to delay an occupancy -- if it weren't for the occupancy 5 permit, I would say postpone it forever until they start 6 enforcing their other codes, but if that's not the case, we'll 7 have to go ahead and do the sidewalk, I guess, so we can walk 8 from the dog pound to the sewer plant. 9 COMMISSIONER WILLIAMS: Are you going to try for an 10 occupancy permit without it? 11 COMMISSIONER NICHOLSON: I don't think there's any 12 hope of that. 13 COMMISSIONER LETZ: Okay. 14 JUDGE TINLEY: Anything -- anybody have anything 15 further to offer on that one? Okay, we will defer. Item 10; 16 consider, discuss, and take appropriate action on implementing 17 the burn ban. 18 COMMISSIONER BALDWIN: It's that time again, 19 gentlemen. 20 COMMISSIONER LETZ: Second. 21 COMMISSIONER BALDWIN: And I move for approval. 22 JUDGE TINLEY: Motion made and seconded for approval 23 of implementation of the burn ban, as per -- 24 COMMISSIONER BALDWIN: It gives each member the 25 authority to put on and take off. For 90 days? 7-10-06 54 1 COMMISSIONER LETZ: 90 days. 2 COMMISSIONER BALDWIN: 90 days. 3 JUDGE TINLEY: As per the order submitted. Any 4 question or discussion on the motion? All in favor of the 5 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: The motion does carry. 10 COMMISSIONER WILLIAMS: And in that context, the 11 burn ban will now be in effect in Precinct 2 until further 12 notice. 13 COMMISSIONER LETZ: And it is in effect in Precinct 14 3, and 1. 15 COMMISSIONER NICHOLSON: It's lifted in 4. 16 COMMISSIONER LETZ: Had all that rain out there. 17 COMMISSIONER BALDWIN: Judge, if 12 is an executive 18 session -- 19 JUDGE TINLEY: I'm going to 13. 20 COMMISSIONER BALDWIN: Okay. 21 JUDGE TINLEY: Reading your mind. 22 COMMISSIONER BALDWIN: Yes, sir. 23 JUDGE TINLEY: We're going to skip 12 for now and go 24 to Item 13; discuss and approve Adopt-a-Highway for 25 landscaping program for Saddlewood Estates. Commissioner 7-10-06 55 1 Baldwin. 2 COMMISSIONER BALDWIN: Thank you. Rex and I met -- 3 the County Attorney and I met with the gentleman out at 4 Saddlewood Estates 10 days or so ago, and came to an 5 understanding of what we needed to do and what was going to 6 happen here with this program. And bottom line is that they 7 didn't show up until Thursday morning to get this on the 8 agenda, and I tried to meet their needs. And there's some 9 parties that are involved -- Road and Bridge and County 10 Attorney's office -- that has not had the opportunity to look 11 at all of it and approve it, so they're just going to have to 12 wait two more weeks, and my feelings are not hurt at all. 13 COMMISSIONER LETZ: Commissioner, I am glad to see 14 this back on the agenda -- I guess, actually, back on the 15 agenda. I think I had it two years ago; it got shot down. I 16 think we need a county plan to do this, and it looks like we 17 may have two votes now. 18 COMMISSIONER WILLIAMS: Well, we've done it. 19 COMMISSIONER LETZ: We've done it, but we don't have 20 a policy. We've done it whenever someone really comes to us, 21 a case-by-case situation, but we need more of a policy, 22 really, for Road and Bridge as much as anybody, 'cause they're 23 the ones that make the signs and do things, at least so they 24 know what the plan is. I think it needs to be as simple as 25 possible, but do give appropriate recognition. 7-10-06 56 1 COMMISSIONER BALDWIN: Well, with that in mind, you 2 might -- whoever puts the plan -- county-wide plan together, I 3 think that we kind of chipped away at the thing and dotted 4 some I's and crossed some T's through this, and so there's 5 some pretty good -- 6 COMMISSIONER LETZ: Yeah. 7 COMMISSIONER BALDWIN: It's not all in our packets 8 today, but we have -- between Rex and I, we have a good 9 wheelbarrow full of information, and I think that we are 10 pretty close to having some good verbiage. 11 COMMISSIONER LETZ: Doing a great job. 12 COMMISSIONER BALDWIN: Thank you very much, Jon. I 13 really like you and your family, and ... (Laughter.) 14 COMMISSIONER WILLIAMS: Everybody's having a good 15 time. 16 COMMISSIONER BALDWIN: This is good. I love y'all. 17 JUDGE TINLEY: Need some strolling violinists here? 18 Okay. Let me inquire, if I might, gentlemen, do we want to go 19 ahead and take care of the routine stuff, and then come back 20 to 11? Think that might be the best way to go? 21 COMMISSIONER WILLIAMS: Yes, sir. 22 JUDGE TINLEY: What we're probably going to do is 23 take care of the routine stuff and then take a break, and then 24 come back to it. Let's move to Section 4, payment of the 25 bills. We got to the Auditor early. 7-10-06 57 1 COMMISSIONER NICHOLSON: Judge, when we get to Item 2 11, I think it would be advisable if the Treasurer and the 3 Auditor and the I.T. boss were here for the initial part of 4 that discussion. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER WILLIAMS: And the County Attorney. 7 COMMISSIONER NICHOLSON: The County Attorney, 8 certainly. The Sheriff left. 9 MS. PIEPER: He and the I.T. guy stepped out for a 10 second. 11 COMMISSIONER NICHOLSON: Probably smoking. 12 JUDGE TINLEY: Yeah, within 10 foot of the building. 13 Okay. First item is payment of the bills. 14 COMMISSIONER LETZ: Move we pay the bills. 15 COMMISSIONER NICHOLSON: Second. 16 COMMISSIONER WILLIAMS: Second. 17 JUDGE TINLEY: I have a motion and second to pay the 18 bills. Any questions or discussion? I want to -- the only 19 mention I would make is per the Sheriff's mention of his 20 pharmacy expense, I note that -- looks like we may have two 21 months included here, almost two months, which is about 22 $12,000 in prescriptions alone. 23 COMMISSIONER BALDWIN: That's got to be four months. 24 JUDGE TINLEY: No, it shows 4/21 to 5/18 and 5/19 to 25 6/19, so it's just a hair less than two months. 7-10-06 58 1 COMMISSIONER BALDWIN: I thought he said three -- 2 3,000 a month earlier. 3 COMMISSIONER LETZ: 6,000. 4 COMMISSIONER BALDWIN: Oh, 6,000. 5 JUDGE TINLEY: Yeah. I just offer that observation. 6 Any other question or discussion? All in favor -- 7 COMMISSIONER BALDWIN: That's a lot of money. 8 JUDGE TINLEY: All in favor of the motion, signify 9 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: The motion does carry. Let's go to 14 budget amendments. Budget Amendment Request Number 1. 15 MR. TOMLINSON: Number 1 is for the 216th District 16 Court. We need to transfer $2,200 from the Special District 17 Judges line item and $4,838.50 from Court-Appointed Services, 18 with $6,863.50 in Court-Appointed Attorney line item and $175 19 in Special Court Reporter line item. 20 COMMISSIONER WILLIAMS: So moved. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: Motion made and seconded for approval 23 of Budget Amendment Request 1. Any question or discussion? 24 All in favor of the motion, signify by raising your right 25 hand. 7-10-06 59 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Budget 5 Amendment Request Number 2. 6 MR. TOMLINSON: Number 2 is for the 198th District 7 Court. We need to transfer $5,095 from Civil Court-Appointed 8 Attorney line item to Court-Appointed Attorneys. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for approval 12 of Budget Amendment Request Number 2. Any question or 13 discussion? All in favor of the motion, signify by raising 14 your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Budget 19 Amendment Request Number 3. 20 MR. TOMLINSON: Number 3 is for the Jury. We're 21 requesting a transfer of $3,624 from Juror Fees to 22 Interpreters -- court interpreters. 23 COMMISSIONER BALDWIN: Tommy, what does this mean to 24 you? Don't just stand there and look at me. 25 MR. TOMLINSON: It means that we've -- I have two 7-10-06 60 1 bills here. One's for five hours for Spanish interpretation, 2 and another for 37 hours. 3 COMMISSIONER BALDWIN: Are we -- are we arresting 4 more people that don't speak English? 5 MR. TOMLINSON: Don't get me to answer that 6 question. I don't know. 7 COMMISSIONER BALDWIN: Well -- or is it like -- how 8 many hours? 9 MR. TOMLINSON: 37 for one. 10 COMMISSIONER BALDWIN: 37 hours. 11 JUDGE TINLEY: And five. 12 COMMISSIONER BALDWIN: That means that there's a 13 long trial or something with somebody that doesn't speak 14 English? 15 COMMISSIONER LETZ: Long trial. Rex said long 16 trial. 17 JUDGE TINLEY: I think Mexican mafia. 18 MR. EMERSON: I would suspect that's related to the 19 Mexican mafia trial last month. 20 COMMISSIONER BALDWIN: And so it looks like that we 21 are going to quadruple -- at least quadruple our budget. 22 MR. TOMLINSON: That's the way it looks. 23 COMMISSIONER WILLIAMS: We're going to double it for 24 sure. 25 COMMISSIONER BALDWIN: Am I the only one that sees a 7-10-06 61 1 problem with this? 2 COMMISSIONER WILLIAMS: No, it is a problem. But, 3 you know, it's done -- had to be done. 4 COMMISSIONER LETZ: It's done by -- up on the second 5 floor. 6 MR. TOMLINSON: I will add that the -- the first two 7 amendments for the court -- for court-appointed attorneys, 8 those budgets are virtually gone. So -- 9 COMMISSIONER WILLIAMS: They're what? 10 MR. TOMLINSON: Virtually gone. 11 JUDGE TINLEY: Oh, yeah. 12 MR. TOMLINSON: And, so, from this point forward, 13 for August and September, we're going to be increasing the 14 budget. We don't have any -- any other room to move funds 15 from. 16 COMMISSIONER BALDWIN: Now, are they -- are they 17 related to the Mexican Mafia as well? 18 MR. TOMLINSON: It's -- well, I have -- well, for 19 the 198th court, this amendment represents nine different 20 cases, and for the 216th court, 17 cases. 21 COMMISSIONER WILLIAMS: Wow. 22 MR. TOMLINSON: So you can't say that it's -- 23 COMMISSIONER BALDWIN: Yeah. 24 MR. TOMLINSON: -- one or the other. 25 COMMISSIONER BALDWIN: Probably an increase in -- 7-10-06 62 1 probably an increase of arresting people that don't speak 2 English, it appears to me. 3 COMMISSIONER LETZ: It's also, though -- it's a sign 4 -- I mean, if you add the two together, we're going to spend 5 this year on indigent defense, whether it's through the civil 6 side or Court-appointed, about $250,000 this year. 7 COMMISSIONER WILLIAMS: And Child Protective 8 Services -- 9 COMMISSIONER LETZ: Probably be closer to $300,000. 10 It'll be around $300,000 by the time the year's over. We've 11 spent close to $250,000 already. 12 COMMISSIONER WILLIAMS: And on Child Protective 13 Service cases as well. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER BALDWIN: And one more thing, is that 16 these things are in the district courts, which points out the 17 level of the crime. 18 COMMISSIONER LETZ: Yeah. 19 COMMISSIONER BALDWIN: Some serious stuff going on 20 out there. 21 JUDGE TINLEY: The County Attorney had a comment or 22 question. 23 MR. EMERSON: Just a point of interest. There's 24 a -- related to defendants that do not speak English and are 25 perhaps illegally in the country, there's a case going up 7-10-06 63 1 through the Court of Appeals -- Criminal Appeals right now 2 that will be interesting to watch. The basic theory behind it 3 is that, by them being in the country illegally, all their 4 actions are illegal; therefore, all the funds that they've 5 earned since they've been here are illegal, meaning that their 6 bank accounts are subject to forfeiture and seizure for 7 criminal action. And that case is -- I think it's the Tarrant 8 County court that it's going through right now. It will be 9 interesting to see where the Court comes down on that. 10 COMMISSIONER BALDWIN: Hear, hear. 11 MR. EMERSON: So there may be room to go for 12 subrogation and get some of that. 13 JUDGE TINLEY: Can we pursue those earnings if 14 they're not in a bank account, if we can track them? 15 MR. EMERSON: That's the theory, so we'll see. 16 COMMISSIONER WILLIAMS: That's in appeals court now? 17 JUDGE TINLEY: What did the intermediate appeals 18 court rule? You said it's going before the Court of Criminal 19 Appeals? 20 MR. EMERSON: Correct. The -- the initial trial 21 court said yes, the intermediate court of appeals said no, and 22 they've taken it up to the -- 23 JUDGE TINLEY: Okay. Petition for review? 24 MR. EMERSON: Yeah. The intermediate court thought 25 it was a stretch of the statute that wasn't what was intended. 7-10-06 64 1 JUDGE TINLEY: Okay. 2 COMMISSIONER WILLIAMS: Move approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: Motion made and seconded for approval 5 of Budget Amendment Request Number 3. Any question or 6 discussion? All in favor of the motion, signify by raising 7 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. Budget 12 Amendment Request Number 4. 13 MR. TOMLINSON: Okay. Number 4 is for County Court 14 at Law. We need to move $1,162 from Court-Appointed Attorney 15 line item to Master Court Appointments. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE TINLEY: Motion made and seconded for approval 19 of Budget Amendment Request Number 4. Any question or 20 discussion? All in favor of the motion, signify by raising 21 your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. Budget 7-10-06 65 1 Amendment Request Number 5. 2 MR. TOMLINSON: Number 5 is for Juvenile Detention 3 Facility. We're requesting a move of $140.45 from 4 Professional Services, $42 to Contract Services and $98.45 to 5 Resident Medical. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER NICHOLSON: Second. 8 JUDGE TINLEY: Motion made and seconded for approval 9 of Budget Amendment Request Number 5. Any question or 10 discussion? All in favor of the motion, signify by raising 11 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. Budget 16 Amendment Request Number 6. 17 MR. TOMLINSON: Okay. Number 6 is for the 18 Courthouse and Related Buildings and Hill Country Youth 19 Exhibition Center. We need a line item adjustment to move 20 $7,475.43 from Utilities in the Exhibition Center, $2,000 from 21 Leasehold Improvements in the Maintenance budget, with $268.41 22 going to Supplies, $3,208.55 to Utilities, $3,501.44 to 23 Repairs and Maintenance, and $2,497.03 to Major Repairs. 24 COMMISSIONER WILLIAMS: The Utility account for 25 Courthouse and Related was underbudgeted, and Utility account 7-10-06 66 1 for the Exhibit Center was overbudgeted? 2 MR. TOMLINSON: Yes. We have three more months to 3 go for utilities. 4 COMMISSIONER WILLIAMS: Move approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded for approval 7 of Budget Amendment Request Number 6. Any question or 8 discussion? All in favor of the motion, signify by raising 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. Budget 14 Amendment Request 7. 15 MR. TOMLINSON: Okay. Number 7 is for the Juvenile 16 Detention Facility and Detention Maintenance. Requesting a 17 transfer of $752.57 from Professional Services for the 18 Detention Facility, going to Detention Repairs under Detention 19 Maintenance Department. 20 COMMISSIONER WILLIAMS: Do you know what that was 21 for? 22 MR. TOMLINSON: It's -- there's three bills. One is 23 to D.W. Electric, and it's -- one's for $54 to C.T. Robinett 24 Paint Store, and $262 is to Tri-Star Supply. 25 COMMISSIONER LETZ: So moved. 7-10-06 67 1 COMMISSIONER WILLIAMS: Second. 2 JUDGE TINLEY: Motion made and seconded for approval 3 of Budget Amendment Request Number 7. Any 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. Budget 10 Amendment Request Number 8. 11 MR. TOMLINSON: Number 8 is for Rabies and Animal 12 Control. This -- this amendment projects through the end of 13 the year, and this is approved by the facility manager, to 14 move $340 from Group Insurance to Lease Copier. 15 COMMISSIONER NICHOLSON: Move to approve. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded for approval 18 of Budget Amendment Request Number 8. Any question or 19 discussion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion does carry. Budget Amendment 25 Request Number 9. 7-10-06 68 1 MR. TOMLINSON: Number 9 is for Constable, Precinct 2 3. It's approved by the constable to move $107 from Office 3 Supplies to Miscellaneous. It's -- the bill is for Sterling's 4 Public Safety for -- for uniforms expense. There's no line 5 item for uniforms in his budget, so -- he does wear a uniform. 6 COMMISSIONER BALDWIN: We don't provide uniforms. 7 Constable 1 doesn't wear a uniform; he has his own. Maybe I'm 8 wrong. 9 COMMISSIONER NICHOLSON: Four doesn't wear one. 10 JUDGE TINLEY: I think 1 and 3 do, of what I've 11 seen. Constable Billeiter's generally in uniform, and 12 Constable Garza is. Generally, I see those two in uniform. 13 COMMISSIONER LETZ: I think they're in uniform, but 14 historically, we really haven't paid for it. But I kind of 15 look at it as, if that's how he wants to use his miscellaneous 16 funds, that's at his discretion. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE TINLEY: Is that -- that was a motion, I 19 assume? 20 COMMISSIONER LETZ: Yes. 21 JUDGE TINLEY: All right. 22 COMMISSIONER LETZ: And I'll talk to the constable. 23 JUDGE TINLEY: We have a motion for approval of 24 Budget Amendment Request 9. Any question or discussion? All 25 in favor of the motion, signify by raising your right hand. 7-10-06 69 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion does carry. Budget Amendment 5 Request 10. 6 MR. TOMLINSON: Number 10 is for Alternate Dispute 7 Resolution. This is in reference to Court Order 29744. The 8 Court approved payment of $17,000 to the Mediation Center, so 9 to do that, we need to increase the budget by $4,500. 10 COMMISSIONER WILLIAMS: So -- 11 COMMISSIONER LETZ: Second -- was that a motion? 12 COMMISSIONER WILLIAMS: Well, yeah. I'll move it, 13 yes. But we're taking it from reserves? 14 MR. TOMLINSON: Yes. 15 JUDGE TINLEY: I have a motion to approve Budget 16 Amendment Request 10. Any question or discussion? 17 MR. TOMLINSON: I do need a hand check to go with 18 it. 19 JUDGE TINLEY: Okay. Hand check to Hill Country 20 Alternate Dispute Resolution Center? 21 MR. TOMLINSON: Yes. 22 JUDGE TINLEY: For the entire amount, $17,000? 23 MR. TOMLINSON: That's right. 24 JUDGE TINLEY: Any question or discussion? All in 25 favor of the motion, signify by raising your right hand. 7-10-06 70 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Budget 5 Amendment Request Number 11. 6 MR. TOMLINSON: 11 is from the County Clerk, 7 approved by the Clerk to transfer $42.83 from Election Notices 8 to Notices in the County Clerk's budget. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER NICHOLSON: Move approval -- second. 11 JUDGE TINLEY: Motion made and seconded for approval 12 of Budget Amendment Request Number 11. 13 COMMISSIONER BALDWIN: He can't make the motion and 14 second his own motion. 15 COMMISSIONER LETZ: I made the motion. 16 COMMISSIONER BALDWIN: That's good government, isn't 17 it? 18 JUDGE TINLEY: You're alert down here. Any other 19 questions or discussion? All in favor of the motion, signify 20 by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion does carry. Any more budget 25 amendments? 7-10-06 71 1 MR. TOMLINSON: No. 2 COMMISSIONER BALDWIN: What is this? 3 JUDGE TINLEY: Any late bills? 4 MR. TOMLINSON: No. 5 JUDGE TINLEY: I've been presented with monthly 6 reports from the County Clerk, Trust Fund for May '06; 7 District Clerk, May '06; County Attorney through June '06; and 8 the Sheriff's Office. Do I hear a motion that these reports 9 be approved as presented? 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER NICHOLSON: Second. 12 JUDGE TINLEY: Motion made and seconded for approval 13 of the indicated reports as presented. Any question or 14 discussion? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Why don't we 20 take about a 15- or 20-minute recess. 21 (Recess taken from 10:29 a.m. to 10:52 a.m.) 22 - - - - - - - - - - 23 JUDGE TINLEY: Okay. Let's come back to order, if 24 we might. What I propose we do -- I realize we've got some 25 executive session function. What I'd like to do is go ahead 7-10-06 72 1 and handle those things that are going to be in open session 2 so that the people that need to get on back to their tasks at 3 hand can do those. So, in that vein, I'm going to go head and 4 call Number 12 first. It's a little early for that. Reports 5 from departments. I.T. 6 MR. TROLINGER: Good morning. 7 JUDGE TINLEY: Good morning. 8 MR. TROLINGER: I provided y'all a written copy of 9 my report. It's basic, but significant. Two line items. The 10 Odyssey tax, courts, and financial software is fully 11 installed. 12 COMMISSIONER BALDWIN: Say that again? 13 MR. TROLINGER: The Odyssey tax, courts, and 14 financial software is fully installed. It's complete. 15 JUDGE ELLIOTT: Not working, though, but it's 16 installed. 17 MR. TROLINGER: And I did revise the new County web 18 site significantly, replaced it and remodeled it, and added 19 quite a bit of content. I'd like to encourage all the 20 departments and individually ask them to contribute content to 21 their particular pages. 22 COMMISSIONER LETZ: You obviously impressed the 23 Kerrville Daily Times. They wrote an article about it. 24 MR. TROLINGER: That was a very nice article. 25 COMMISSIONER BALDWIN: It really was. 7-10-06 73 1 COMMISSIONER NICHOLSON: Does the web site have a 2 "contact us" button? 3 MR. TROLINGER: It does. For each department, it 4 has a listing of the contact information that I have so far. 5 Some of the departments have provided e-mail addresses, so I 6 provide that on those particular pages. Others just provide 7 the phone number and address. But there's only -- as far as 8 contact forms, e-mail's the only thing available where it 9 automatically populates the e-mail message with the contact 10 information. 11 COMMISSIONER NICHOLSON: Sometimes I use that 12 feature and don't get a reply. It really -- not with the 13 County; with others. Kinky Friedman's campaign didn't respond 14 to me. (Laughter.) I may not vote for him if I don't hear 15 from him. 16 MR. TROLINGER: Well, the idea of a form on the web 17 page to submit a request is fine, but there's not a tracking 18 -- there's no auditing or tracking. With e-mail, by forcing 19 someone to click on the link that says "Request tax 20 certificate," their e-mail program opens up and populates with 21 the request, and then they fill in their request. And then 22 that way, there's an e-mail message that can be verified that 23 was received. 24 COMMISSIONER NICHOLSON: Seriously, there's no -- no 25 general e-mail -- they can't just say, "This is my opinion on 7-10-06 74 1 something in county government"? 2 MR. TROLINGER: There's an e-mail address for 3 Commissioners at co.kerr.tx.us. 4 COMMISSIONER NICHOLSON: Will that go to Kathy? 5 MR. TROLINGER: And that will go to all the 6 Commissioners, the Judge, and to Kathy. 7 (Low-voice discussion off the record.) 8 MR. TROLINGER: And there are also e-mail lists. 9 Y'all have one for the agenda, and I believe there's an e-mail 10 list for the minutes. 11 COMMISSIONER WILLIAMS: This is on the web site? 12 MR. TROLINGER: Yes, sir. On the Commissioners' 13 home page, a user can go and subscribe to receive the agenda 14 by e-mail. 15 COMMISSIONER LETZ: Are there -- going back to 16 Odyssey, I know it's pretty much installed everywhere. 17 MR. TROLINGER: It is. 18 COMMISSIONER LETZ: I heard a comment from the back 19 of the room about it not working too well. I've heard that 20 comment frequently, and I think it was growing pains or 21 getting hooked up and things of that nature. Where are we, 22 timeline wise, of having this system and all its bells and 23 whistles up and running and usable by the departments? 24 MR. TROLINGER: There's -- well, the system's so 25 large, it would take a long time to go through and classify 7-10-06 75 1 each one. In general, we're receiving a software upgrade next 2 Wednesday, and we've been receiving one every two to three 3 weeks that corrects or updates the system to probably a 25- or 4 30-item list of problems or new features that are being added. 5 COMMISSIONER LETZ: When do you think we're going to 6 not need these lists any more? 7 MR. TROLINGER: It'll be quarterly in perpetuity. I 8 don't have a -- 9 COMMISSIONER LETZ: You're not telling me what I 10 want to hear. 11 MR. TROLINGER: This software is being -- is being 12 updated and enhanced on a regular basis. 13 COMMISSIONER LETZ: Right. 14 MR. TROLINGER: For instance, the next major update 15 we get allows another slough of features that we had before, 16 but did not have when we first went online. 17 COMMISSIONER LETZ: Well, I guess -- let me rephrase 18 for the third time. When do you think most users are going to 19 be -- feel that it was a good decision? And are getting the 20 most that -- 21 COMMISSIONER WILLIAMS: Never. 22 MR. TROLINGER: I don't have a date. 23 COMMISSIONER NICHOLSON: They're going to need to 24 get real specific. 25 MR. TROLINGER: They need to be -- if they're not 7-10-06 76 1 comfortable with it now, they should have gone to their 2 department heads and said, "I'm not comfortable with it." We 3 need to get -- 4 COMMISSIONER LETZ: I think they have, and the 5 department heads have told me they're not comfortable with it. 6 My question is, when are the department heads going to be 7 happy? 8 MR. TROLINGER: Do you have any specific -- because 9 when the County Judge released a letter -- 10 COMMISSIONER WILLIAMS: Talk about the County Court 11 at Law. 12 MR. TROLINGER: County Court at law? 13 COMMISSIONER WILLIAMS: Talk about that one. 14 MR. TROLINGER: They're one of the most advanced 15 users on the system. They started using advanced features in 16 the courtroom the week after it went online. 17 COMMISSIONER WILLIAMS: Well, they were one of the 18 unhappiest for a period of time. 19 MR. TROLINGER: Oh, yes. 20 COMMISSIONER WILLIAMS: So, has that period of 21 unhappiness gone away? 22 MS. PIEPER: No, not yet. 23 MR. TROLINGER: I don't know. 24 MS. PIEPER: There's still some more bugs. 25 MR. TROLINGER: I don't know what the specific 7-10-06 77 1 problems are, but -- 2 COMMISSIONER NICHOLSON: Is payroll data entry part 3 of Odyssey? 4 MR. TROLINGER: It's part of the financial software, 5 yes. 6 COMMISSIONER NICHOLSON: Under Item 11, we're going 7 to want -- Commissioner Williams and I are going to want to 8 talk about how that's working and why it's not working as 9 designed. So, we'll wait till Item 11, but we're going to 10 want more information on that. 11 MR. TROLINGER: Okay. Mostly, what I find is there 12 are all kinds of personalities. That's really what it boils 13 down to. The individual that wants to go and seek out how to 14 use the system is going to -- is going to do that. There are 15 other individuals that, you know, fall in between just plain 16 old complaining to not knowing, and generally, if I can get in 17 front of someone that has a specific complaint, I can show 18 them how to use the software to do what they want. 19 COMMISSIONER WILLIAMS: Is the -- 20 JUDGE ELLIOTT: I'm ready. 21 COMMISSIONER WILLIAMS: Are the level of complaints 22 or dissatisfaction, whichever, that you're -- that you are 23 getting from various areas of county government, are they -- 24 are they related to user reluctance, or are they related to 25 not being involved in the training sessions to the fullest 7-10-06 78 1 extent possible, or are they both? 2 MR. TROLINGER: A good number of the complaints were 3 training-related. They just didn't know that if they used 4 this feature, that, you know, they could do things much better 5 than they did before. 6 JUDGE TINLEY: Was the training intensive enough and 7 long enough, by your -- 8 MR. TROLINGER: It was. Software Group came back 9 for an additional three weeks on-site at no cost to Kerr 10 County to reinforce the -- 11 COMMISSIONER LETZ: John, I think the -- I mean, I'd 12 like for you to give us just a summary by department -- you 13 know, department, elected official, as to whether you think -- 14 how you feel that department is working. Knowing that -- that 15 I probably want the County Judge to send that out and see if 16 the departments agree. I just want to make sure that we're 17 all on the same page. I mean, part of it could be -- I know 18 you're very busy. It could be that, you know, we're missing 19 something. I just want -- we spent a huge amount of money on 20 this software, and I want to make sure that it is being 21 properly used by everybody. And it may take some hand-holding 22 with some departments. It may take -- Vance is back there 23 raising his hand. You know, he's a slow learner, so we got to 24 take a lot of time. (Laughter.) 25 MR. TROLINGER: Well, Judge Elliott's logged into 7-10-06 79 1 Odyssey and looked at it. 2 JUDGE ELLIOTT: May I comment on that? 3 MR. TROLINGER: And he's brought up specific 4 problems that are being addressed. One of them's printing 5 receipts. 6 JUDGE ELLIOTT: That's it. But -- 7 MR. TROLINGER: That'll be addressed next week. 8 JUDGE ELLIOTT: Number one, we don't have a choice 9 of doing -- do we want the system, the Odyssey program, or 10 not. Someone said, well, are we still -- is everybody using 11 it happily, or are they still going back on the other -- we 12 don't have a choice; we're all using it. Our department is on 13 Odyssey. We didn't have a choice to change over or not to 14 change over, so we're changed over and we're using it. We're 15 working the bugs out. With any new software program, we're 16 learning new things, and -- and I think it's going to take a 17 little time for us to all get adjusted from what we used to do 18 to what we're doing today. And I think that's going to work 19 fine. But, specifically, early on, we couldn't understand why 20 we didn't have three receipts. Justice of the Peace takes in 21 a lot of money, and we've never, during the time I've been in 22 office, ever been off a dollar. And we like to have auditing 23 of that. We get three receipts; one for the customer, one for 24 us, and one goes to the Auditor's office. And this new system 25 didn't print -- wouldn't print three receipts. I thought that 7-10-06 80 1 was a pretty easy request. We hammered about that for a long 2 time. You said, "Okay, okay." The software guy -- Odyssey 3 representative came down here and said, "Don't worry about 4 that, Judge. That's going to be on our June roll-out." And 5 here we are July 10th, and we still don't have it. Why did he 6 tell us it's in the June roll-out and we still don't have it? 7 That's the question I'm more -- most concerned about. I can 8 adjust to just -- all the little bells and whistles and the 9 formats. What I can't adjust to very easily is the audit. I 10 want to be able to audit my department, the money that comes 11 in. And three receipts does that, and that's a simple 12 program. That's what we're asking. 13 COMMISSIONER LETZ: These are the kinds of 14 questions -- 15 MR. TROLINGER: I think the primary issue with the 16 three receipts is -- 17 COMMISSIONER LETZ: I don't care about the receipts. 18 I know you do, but I don't -- I personally don't care. I care 19 about J.P. 1 not being happy with a function. And I just want 20 to make sure -- I think the best way for me to be comfortable 21 that I made -- or voted for a decision that cost over a 22 million dollars on software, is that it's working for the 23 taxpayers, which to me means being used by elected officials 24 and department heads, that that's done. I would like to see a 25 synopsis from you as to how -- where we are by department. 7-10-06 81 1 And, I mean, very brief. A hundred percent operational in 2 your mind, you know, or yes, operational, but still working 3 out some bugs. That kind of report. And then I'd like to 4 hear from the users and see if they agree with that analysis. 5 That's kind of what I would like. 6 MR. TROLINGER: To address Judge Elliott's issue, 7 yes, the software update is two weeks late, and it is being 8 installed Wednesday. This week, actually. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER WILLIAMS: So, next time we talk, Judge 11 Elliott won't have this problem? 12 MR. TROLINGER: Well -- 13 JUDGE TINLEY: See that big smile on his face back 14 there? 15 COMMISSIONER LETZ: I mean, I think -- I mean, I 16 think I probably hear the grumblings more than anything else. 17 I don't hear the good. 18 MR. TROLINGER: Sure. 19 COMMISSIONER BALDWIN: Let me give you an example. 20 A couple of weeks ago, one of the elected officials -- and I 21 don't use this word loosely -- was on the warpath. And I 22 grabbed John and we went to the office, and John sat down with 23 them for about two and a half minutes and had it totally 24 straightened out. 25 COMMISSIONER LETZ: Right. 7-10-06 82 1 COMMISSIONER BALDWIN: There wasn't a problem there. 2 The problem -- the problem was that they just didn't know how 3 to get into a certain place. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER BALDWIN: It wasn't that the thing 6 didn't function. It's just the lack of knowledge. 7 COMMISSIONER LETZ: Right. And that's what -- 8 COMMISSIONER BALDWIN: He sat there and taught them 9 how to do it, and it's over. 10 COMMISSIONER LETZ: And I just don't -- I want to 11 make sure that those -- even those problems are resolved. 12 COMMISSIONER BALDWIN: Yeah, sure. 13 COMMISSIONER WILLIAMS: Question. Bullet number 8 14 talks about Odyssey checks and jury pending. What is Odyssey 15 checks? 16 MR. TROLINGER: Hot checks is a module -- 17 COMMISSIONER WILLIAMS: Hot checks. 18 MR. TROLINGER: -- we've never had before. 19 COMMISSIONER WILLIAMS: Hot checks. Thank you. 20 MR. TROLINGER: It's -- the database conversion is 21 still an issue, and there's still no scheduled time that 22 that'll be completed. So -- 23 COMMISSIONER WILLIAMS: Thank you. 24 COMMISSIONER LETZ: All right. 25 JUDGE TINLEY: Mr. Trolinger, the contractor time 7-10-06 83 1 that you've listed here, where does that put you vis-a-vis 2 your budget? 3 MR. TROLINGER: That's the Odyssey -- completely 4 from the Odyssey project. 5 JUDGE TINLEY: Oh, okay. Okay. 6 MR. TROLINGER: And I wanted to relate those number 7 of hours to you. 802 month prior, that's the amount of time 8 The Software Group has spent on-site and in programming time 9 with us. 10 JUDGE TINLEY: It seemed like a pretty high number 11 when compared to the outside contractor that you've got on 12 call to assist you with overflow. 13 MR. TROLINGER: There's probably zero hours of 14 outside contractor time. This is all Odyssey contract -- 15 JUDGE TINLEY: Okay. 16 MR. TROLINGER: -- time. 17 COMMISSIONER WILLIAMS: What do community service 18 workers do for you? 19 MR. TROLINGER: Right now, he's doing an inventory. 20 In the past, they've done -- they've evaluated the printers, 21 old computers, et cetera, and helped me tear them down, get 22 them to recycle or reuse the parts. The inventory piece is 23 the biggest one going right now. No hands-on work on the 24 computers themselves, though. 25 COMMISSIONER LETZ: Okay. 7-10-06 84 1 JUDGE TINLEY: Any other questions for 2 Mr. Trolinger? Thank you, sir. 3 COMMISSIONER LETZ: Thank you. 4 JUDGE TINLEY: Appreciate your efforts. Road and 5 Bridge. 6 MR. ODOM: Yes, sir. 7 JUDGE TINLEY: Mr. Odom. 8 MR. ODOM: Yes, sir. I told her I'd give her mine. 9 COMMISSIONER LETZ: I'll give her one. 10 MR. ODOM: The road projects in May and June, we 11 used 28,000 gallons of oil to seal the following roads: 12 Scenic Acres, Ranchland, Tegner, Cutburth, and Honey Creek. 13 We're working on Kelly Creek today and should finish it 14 tomorrow, and then moving up to Scenic Acres and Drummond, 15 back up in that area. It looks like within -- by the end of 16 the month, we should be moving pretty well into Precinct 3, 17 finishing what Doug has. Also, Elm Pass will be done 18 hopefully by the end of the month, first of August. The 19 preponderance of the roads we plan to seal regular shoots, so 20 our paving program is moving along as planned. The Town Creek 21 project started July 5th of this year. The realignment of 22 Turtle Creek that we spoke about last -- I think last budget 23 time, that is almost complete. I'm waiting for the surveyor 24 to bring that, and I'll bring that to the Court. They've got 25 it built and sealcoated, so that should be complete. The 7-10-06 85 1 subdivision plats, you can see by that chart. I won't go 2 through it, but I'll answer any questions you have. There's 3 about 12 of those. Concept meetings that we've had, there's 4 four. And floodplain, there's 14. And also, this month -- 5 there's a note at the bottom. T.C.E.Q. has been having me out 6 looking at where neighbors were building dams -- or not dams, 7 but retention-type ponds on their property where they own both 8 sides of the property, so I've been out looking at that, 9 listening to neighbors thinking that a dry bed is running 10 water, and it's not. So, a continual drain of time. 11 COMMISSIONER LETZ: Question. You're -- so, 12 T.C.E.Q. is getting complaints from neighbors that people are 13 putting up structures on private property? 14 MR. ODOM: On their private property, right. 15 COMMISSIONER LETZ: Not complaining -- someone's 16 complaining that they're going to -- okay, I understand. 17 Amazing. 18 MR. ODOM: Yeah, it is -- it is amazing. 19 COMMISSIONER BALDWIN: What my question -- good 20 question. My question is, how -- how are you involved? 21 MR. ODOM: Because it comes into the floodplain 22 sometimes, maybe an unstudied area, a tributary or something. 23 And they -- they first -- you know, bureaucracies like to pass 24 on the buck. 25 COMMISSIONER BALDWIN: Well, tell these state people 7-10-06 86 1 to go pass their buck somewhere else. I don't think we need 2 to be involved in private property issues when there's no 3 flooding. I don't -- I don't see -- 4 MR. ODOM: Well, sir, I try to handle it in a 5 very -- 6 COMMISSIONER BALDWIN: I understand. 7 MR. ODOM: -- professional way, and go about it... 8 (Laughter.) 9 COMMISSIONER BALDWIN: Well, when -- 10 MR. ODOM: I just react to -- 11 COMMISSIONER BALDWIN: Let me do it -- 12 MR. ODOM: -- the Watermaster. 13 COMMISSIONER BALDWIN: Let me do it this way. When 14 people come to me as a Commissioner and say, "What is the law 15 about -- I want to put up a little retention pond here, and 16 it's going to affect the downstream folks for a while until 17 mine fills up. What is the law there?" I say, "Go talk to 18 the State. Don't involve me in any way." 19 MR. ODOM: And the State would say there's not a 20 certain answer to that in the first place, how much quantity 21 you have to do. 22 COMMISSIONER BALDWIN: Sure. 23 MR. ODOM: You just have to have a flow going 24 through it. It's -- 25 COMMISSIONER BALDWIN: Yeah, but for a while there's 7-10-06 87 1 no flow, is what I'm saying. And that is not a county issue. 2 I -- I don't want to -- I personally don't want to be involved 3 in it. 4 COMMISSIONER WILLIAMS: I agree with you, but that's 5 what generates the phone calls. 6 MR. ODOM: That's what generates the phone calls. 7 And then you have to go out and you take a look at it, and 8 then you try to resolve the problem. And -- and to -- 9 COMMISSIONER BALDWIN: I guess I'm just saying be 10 careful how deeply involved you get in state business, is all 11 I'm saying. 12 MR. ODOM: I assure you, they like to pass the buck. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER BALDWIN: I understand. 15 MR. ODOM: The employees, we've hired two young men 16 who seem to be working out well, and we've had no accident 17 reports the last two months. The budget, with the Town Creek 18 project going over what we originally stated it would go for 19 and the increase in oil prices, our budgeting will be 20 extremely tight, but hopefully we'll be able to finish the 21 year as planned. 22 COMMISSIONER BALDWIN: Yea. 23 COMMISSIONER LETZ: Leonard, when I was driving 24 around, as the rest of the Court heard earlier, with Sam and 25 Gus in the car over the weekend, I went out Town Creek. Does 7-10-06 88 1 the City have any plans to improve their portion of that road, 2 to your knowledge? I mean, there are two or three very narrow 3 little low water crossings that, according to the signs that I 4 saw, are in the city limits, and a road that should -- it 5 actually needed some work. Are you aware of anything -- 6 MR. ODOM: I'm not aware of anything. They 7 haven't -- 8 COMMISSIONER LETZ: Okay, I was just curious. 9 Actually, I -- honestly, I'm not real familiar with that road. 10 I thought I was in the county real quick when the road went 11 down -- and not down in quality; down as in the shoulders and 12 no striping to speak of. And then I was way out there, and 13 all of a sudden I came across the Kerrville city limits sign. 14 I was shocked. 15 MR. ODOM: Yes, at Morris Avenue. 16 COMMISSIONER BALDWIN: We're hoping that we -- by us 17 taking care of our business and getting out in front of 18 development and one thing and another, that we're going to 19 encourage the City to take care of theirs. 20 COMMISSIONER LETZ: It's a beautiful area. 21 MR. ODOM: It's a beautiful area. 22 COMMISSIONER LETZ: Absolutely gorgeous. I'm just 23 amazed that it's not -- 24 COMMISSIONER BALDWIN: It's unbelievable. 25 COMMISSIONER LETZ: Some of the prettiest property 7-10-06 89 1 in that area, and the road is -- 2 COMMISSIONER BALDWIN: Not the county. 3 COMMISSIONER LETZ: -- substandard. 4 COMMISSIONER BALDWIN: Not the county part, though. 5 COMMISSIONER LETZ: Not the county part. I was very 6 surprised. 7 MR. ODOM: I'm not privileged to that -- that 8 information, and nothing's been indicated to us that they've 9 had any projects. But I would assume that, given time, and as 10 that construction completes -- and I know that that land will 11 probably be developed. That's all K.I.S.D., and they're 12 clearing it now, so I would imagine there will be pressure on 13 them to upgrade that road eventually, and those crossings 14 particularly. 15 COMMISSIONER LETZ: Yeah. I think that would be a 16 great E.I.C. project. 17 MR. ODOM: That is -- that's a very good idea. 18 That's what -- 19 COMMISSIONER LETZ: That's all. I was just 20 interested because I saw parts down there that have been 21 traveled a lot. 22 MR. ODOM: That is part of your precinct right 23 there. 24 COMMISSIONER LETZ: I know. 25 COMMISSIONER BALDWIN: The good part is that the 7-10-06 90 1 County is ahead of the curve. Again. 2 JUDGE TINLEY: Any other questions for Mr. Odom? 3 COMMISSIONER WILLIAMS: I just have a question here 4 on the last sentence. 5 MR. ODOM: All right, sir. 6 COMMISSIONER WILLIAMS: "On the budget, with the 7 Town Creek project going over..." Are you saying Town Creek 8 project is over budget? Is that what you're saying? 9 MR. ODOM: No. I'm saying that it was over my -- my 10 comment was, what the engineer's estimate was was lower than 11 what -- well, the price went higher than what we thought it 12 was going to, but I had the funds there available as a -- as a 13 backup, because I have that Schreiner Trust Fund and the 14 others, and I knew it was in that neighborhood. The 15 question -- 16 COMMISSIONER WILLIAMS: You are within budget? 17 MR. ODOM: I am within the budget. 18 COMMISSIONER WILLIAMS: Okay, that's what I wanted 19 to know. 20 MR. ODOM: Let's put it this way. It will be 21 complete. It is paid for. 22 COMMISSIONER LETZ: It will be within his total 23 budget, but that particular thing is a little bit over. 24 MR. ODOM: It's a little bit over what we thought. 25 COMMISSIONER WILLIAMS: Okay. 7-10-06 91 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER WILLIAMS: Thank you. 3 JUDGE TINLEY: Anything else? Thank you, sir. 4 MR. ODOM: Yes, sir. 5 JUDGE TINLEY: Facilities and Maintenance. 6 MS. DAVIDSON: Hi. I'm Alyce Davidson. 7 COMMISSIONER LETZ: How are you doing? 8 MS. DAVIDSON: Good. How are y'all? 9 COMMISSIONER LETZ: Fine. 10 JUDGE TINLEY: You're filling in for Glenn today? 11 Okay. 12 COMMISSIONER WILLIAMS: Does he have a written 13 report? 14 MS. DAVIDSON: I gave y'all some things just -- just 15 like I normally do, with the Union Church and the Exhibit Hall 16 and my -- 17 JUDGE TINLEY: Yeah, I saw it. 18 MS. DAVIDSON: But not anything major. I didn't 19 expect to have to do it, but we've got a few things that we 20 did. We did the fence between River Star and our 4-H; we put 21 a new fence in for Mr. Miller. 22 COMMISSIONER LETZ: Okay. 23 MS. DAVIDSON: And then our ceiling downstairs in 24 the basement. 25 COMMISSIONER LETZ: The ceiling looks great 7-10-06 92 1 downstairs. 2 COMMISSIONER NICHOLSON: It looks good. That was 3 really first-class. 4 MS. DAVIDSON: Mm-hmm. And B.J.'s crew is back out 5 with us again after a shoulder surgery, so you'll start seeing 6 him back here at the courthouse as well. Starting Friday, I 7 think he'll start doing it. 8 JUDGE TINLEY: So he'll be able to pick up that load 9 from what y'all have had to absorb in midsummer? 10 MS. DAVIDSON: Mm-hmm. He's back full-swing. So -- 11 JUDGE TINLEY: Okay. 12 MS. DAVIDSON: And then we sealed the floor at the 13 Exhibit Hall, we did a sealer on it to make it look a little 14 bit better. So -- 15 COMMISSIONER LETZ: Okay. 16 JUDGE TINLEY: Did it turn out pretty good? 17 MS. DAVIDSON: Yeah. I think we need another coat 18 on it, but I think it will be all right. It will be good. 19 So, other than that, just our normal running of the Exhibit 20 Hall. And indoor arena's kind of down, 'cause it's the summer 21 months, but other than that... 22 JUDGE TINLEY: I think the last time we talked about 23 available weekend dates for the Exhibit Hall, there are zero? 24 MS. DAVIDSON: Basically, yes. 25 COMMISSIONER BALDWIN: Are we still having some 7-10-06 93 1 problems scheduling? 2 MS. DAVIDSON: No. As in? Scheduling as in? 3 COMMISSIONER BALDWIN: As in the war we had last 4 year. 5 MS. DAVIDSON: Oh, you mean with our -- the previous 6 people that were -- no, it's all died completely. No, we 7 haven't had any problems any more. They found out, I guess, 8 what they wanted to, and never heard another word. 9 COMMISSIONER BALDWIN: Is the Union Church still on 10 the upswing in use? 11 MS. DAVIDSON: It's kind of slowed down a little 12 bit, but not -- not as much. Usually the springtime is when I 13 have the weddings and things. But Schreiner College is really 14 using it. They are really -- yeah, they're taking it. 15 COMMISSIONER BALDWIN: Free of charge? 16 MS. DAVIDSON: Yeah, they get it free. So -- 17 COMMISSIONER BALDWIN: Schreiner University. 18 MS. DAVIDSON: I'm sorry, University. 19 COMMISSIONER WILLIAMS: What you're saying is that 20 the new policy for renting is working okay? 21 MS. DAVIDSON: Yes, correct. 22 COMMISSIONER WILLIAMS: Rental policy. 23 MS. DAVIDSON: Yes, it is. It's working well. 24 So -- and I want to get with Trolinger so I can get a web page 25 going. I think that's where I -- it will help me out a lot, 7-10-06 94 1 is really having all of that information on -- 2 COMMISSIONER WILLIAMS: That's a good idea. 3 MS. DAVIDSON: Yeah. We've got just a little bit, 4 but I really want to sit down and go through the whole 5 shooting match with him with everything that I rent out, so -- 6 COMMISSIONER WILLIAMS: That's a good idea. 7 JUDGE TINLEY: Including schedules for the chairs 8 and the tables? 9 MS. DAVIDSON: Everything. Policy and procedure, 10 everything going in there. 11 COMMISSIONER LETZ: Photos? 12 MS. DAVIDSON: Everything. I've got photos already, 13 so -- ready to give them. 14 COMMISSIONER LETZ: Okay. 15 MS. DAVIDSON: Other than that... 16 JUDGE TINLEY: Anything else? Thank you, ma'am. 17 MS. DAVIDSON: You need something, let me know. 18 Thank you. 19 JUDGE TINLEY: Appreciate it. Collections. I don't 20 see you pushing a wheelbarrow full of money. 21 MR. ALFORD: I left it out in the hallway; wouldn't 22 fit through the door. 23 COMMISSIONER WILLIAMS: Somebody stole it. 24 MR. ALFORD: Got the County Attorney here; he can 25 handle it. Figures, the best we can tell without going into a 7-10-06 95 1 lot of detail -- we're not really able to run the same type 2 reports that we could -- in Odyssey as we could in Legacy and 3 back and forth and everything. So, I've visited a little bit 4 with Commissioner Baldwin about it, talked to Software Group. 5 They're working on something. They sent me something 6 yesterday -- or Friday and today. We're not in agreement yet, 7 but they are trying to assist us in getting us something. 8 What I simply did is run some figures on Millie -- on her 9 journal. We're assuming they're fairly accurate. This is our 10 current cases -- 'cause, like, why do criminals pay if we're 11 not harping on them to pay? -- compared to last year, and 12 we're pretty close. We're a little bit ahead of last year, 13 but I don't want to jump up and down and swear to that, 14 because I'm not real comfortable with where these figures come 15 from. But I feel comfortable that we're still doing okay. 16 Again, kind of on Mr. Trolinger's line, still 17 assisting him as much as I can, answering a lot of generalized 18 questions. Confirming what Commissioner Baldwin said, a lot 19 of times you can sit down with an employee, and within three 20 or four minutes work out what their issues are. The system is 21 an awful strong system, awful powerful. It's just a matter of 22 having to learn it. The old system was pretty small, pretty 23 straightforward. This new one's just a monster, and I think 24 that's really going to take some time. We're almost -- for 25 example, we thought we were going to be able to go pretty much 7-10-06 96 1 paperless in Collections, and the deeper we dug into it -- but 2 it's so advanced, and we're probably so much further than the 3 rest of the county is, we found some issues. And, Software's 4 like, "Oh, okay." They never heard of these issues before, 5 but they're working on them. So -- 6 COMMISSIONER LETZ: Cutting edge. Collections is 7 cutting edge again. 8 MR. ALFORD: Yeah. But, again, I think our users 9 are probably more advanced than some of the other ones are, 10 and that's what enables us to try to go a little bit further 11 than a lot of people do and different things, 'cause it's -- 12 COMMISSIONER LETZ: You mean your computer users, 13 not your clientele. 14 MR. ALFORD: Correct. Our clientele can't even read 15 the sign on the door that says we don't take payments here. 16 But that's another issue. We've done 41 -- we've done 41 17 searches for indigent health care. I guess everything's 18 working fine with Ms. Taylor; I haven't really heard anything 19 from her, so I'm assuming no news is good news. Our budget is 20 very strong in that line item thanks to y'all in previous 21 years, so there's not going to be a financial issue with 22 running all these searches, 'cause they are somewhat expensive 23 when you start adding them up over the quarter and how much 24 information she needs, but we're fine there. 25 JUDGE TINLEY: Don't the searches generally end up 7-10-06 97 1 paying for themselves on the whole? 2 MR. ALFORD: Well, I would think so. I know they do 3 from the criminal aspect of it, simply because even if a 4 criminal owes us $500 and we'll never get the cold, hard cash, 5 if I get him in jail, justice has been served. So, when you 6 look at that picture, yes. Now, on indigent health care, I 7 don't have a clue. I mean, I don't know anything about that, 8 don't want to know anything about it. Just Ms. Taylor calls 9 and says, "I need to find Johnny." We give her the 10 information to find Johnny and we're out of it. So -- but I'm 11 assuming it would if it helps y'all recover any money. So -- 12 COMMISSIONER LETZ: Okay. 13 JUDGE TINLEY: Any more questions for Mr. Alford? 14 MR. ALFORD: Jonathan, you got that look. I'm out 15 of here, then. Thank you, gentlemen. 16 COMMISSIONER BALDWIN: Run. 17 MR. ALFORD: I'm out of here. 18 JUDGE TINLEY: Thank you. Let's go to Item 11, 19 then. Consider and approve plan to reassign certain 20 administrative functions in county government; consider and 21 evaluate capability of county employees who may be candidates 22 to perform the administrative functions. Commissioners 2 and 23 4 asked that this item be placed on the agenda. Which of 24 y'all wants to take the lead? 25 COMMISSIONER NICHOLSON: I'll introduce it. 7-10-06 98 1 Commissioner Williams and I and the County Auditor and 2 Ms. Mitchell met with the County Treasurer, had a productive 3 meeting, and at least I came away from the meeting with a much 4 better understanding of what the function -- personnel 5 functions that the County Treasurer's office performs. And I 6 think from that meeting, we can -- we can probably see that 7 we've got two or three options. We can -- for example, we can 8 decide to farm out payroll or keep it in-house. We're 9 recommending that we keep it in-house. We can ask the 10 Treasurer to continue to perform the personnel officer 11 function beyond October 1 or we can create a new personnel 12 officer position in the county. Is there -- is there more 13 options than that, Mr. Williams? 14 COMMISSIONER WILLIAMS: No. H.R. and payroll 15 combined, combined office. 16 COMMISSIONER NICHOLSON: So, the Treasurer was 17 helpful and provided us a list of -- of functions she performs 18 in her -- and are deemed to be personnel officer functions, 19 and so I took that list, and I think I've included just about 20 everything. Each of you has this piece of paper, as does the 21 Auditor and Treasurer and the County Attorney, and it turned 22 into what I titled "Human Resource Officer Responsibilities." 23 And you note at the top of it, it says "Draft." It's probably 24 -- certainly incomplete, and may be inaccurate. So, it does 25 -- and I don't want to go through these 40 items or whatever 7-10-06 99 1 one-by-one. I don't think that's what we're about here today. 2 But it does serve to give us some feel for the scope of what 3 a -- a human resources officer's job might entail. And I 4 added quite a bit to it from the basic functions the Treasurer 5 performs today. 6 In discussion with her, I did notice that I left off 7 at least two things. One is Family Medical Leave Act, 8 coordinating/administering that, and the other one is safety 9 officer. But, anyhow, what we have here is a -- is a 10 description of what you might include in the human resources 11 officer's responsibilities, whether that's located in the 12 Treasurer's office or a separate function created with added 13 responsibilities. So, I think a key element in our decision 14 making has to do with -- with the payroll function and the -- 15 I believe what I've heard is that the function would be much 16 different if we were using the computer system the way it was 17 designed, and that we're not doing that. 18 COMMISSIONER WILLIAMS: Is Mr. Trolinger still here? 19 MR. TOMLINSON: He said he was coming back. 20 COMMISSIONER NICHOLSON: Did he get -- payroll 21 function would be relatively simple. It would be entering 22 data to add new employees, entering data to make changes; for 23 example, going from a 12-2 to a 12-3. And for nonexempt 24 people, entering -- twice a month, entering their hours. Is 25 that about it? And the system is designed so that each 7-10-06 100 1 supervisor, each department enters their hours, and that's not 2 happening. We're still handling a lot of paper, and -- and 3 that part of the payroll is being -- being entered in the 4 Treasurer's office. I don't -- I don't think we understand 5 why it's not being administered as designed. 6 COMMISSIONER WILLIAMS: And one of the largest 7 departments for which it has the greatest benefit is not doing 8 it, and that's the Sheriff's Department. 9 MS. PIEPER: If the Sheriff is like me, we had no 10 idea we could do it. 11 COMMISSIONER WILLIAMS: Pardon me? 12 MS. PIEPER: If the Sheriff is like me, it's because 13 we had no idea we could do it. 14 COMMISSIONER WILLIAMS: You had no idea you could do 15 it? 16 MS. PIEPER: No. I just found out five minutes ago 17 outside from John that we could enter in our payroll, 18 employees' hours and stuff in the computer. 19 COMMISSIONER WILLIAMS: There was -- well, okay. We 20 can debate that later, but there was a training -- there was 21 training offered on the payroll system. 22 MS. NEMEC: They were supposed to come back and 23 train each department, and they never did. They came back and 24 tried to train the Sheriff's Office, but the Sheriff, for some 25 reason, said that they weren't going to be able to use that 7-10-06 101 1 function. 2 COMMISSIONER WILLIAMS: Okay. 3 MS. NEMEC: I don't know the details of it, though. 4 COMMISSIONER WILLIAMS: The bottom line is that we 5 bought a system that can do it; am I correct, Tommy? 6 (Mr. Tomlinson nodded.) 7 COMMISSIONER WILLIAMS: That's Dave's and my 8 understanding. And that the ultimate goal is to do it that 9 way for every department head, elected official, whatever. 10 Whoever the elected official designates is going to input the 11 payroll there, and then the payroll data will come into a 12 centralized area and so forth and get passed on for 13 disbursement. That's the way it's supposed to be, and that's 14 the way we would like to see it happen. 15 COMMISSIONER LETZ: I don't think we'd "like" to see 16 it. That's the way it's going to be done. 17 COMMISSIONER WILLIAMS: Yeah, that's the goal. 18 MR. EMERSON: I was going to say, I can support what 19 Jannett and Barbara have said. I've asked probably every 20 other week since March, when the system started going in, when 21 I was going to be able to automate my timekeeping, and I 22 haven't gotten a firm answer yet. So -- 23 COMMISSIONER LETZ: Well, that's exactly the type of 24 reason I wanted the report, because he seems to think that 25 we're well on our way to a lot of these things. I'm sure we 7-10-06 102 1 are, but there's things like this that are critical 2 components, from my standpoint, that aren't being done, and I 3 need to make sure -- I want to make sure that he understands 4 that that's a real high priority. 5 COMMISSIONER WILLIAMS: Oh, it is. It's a very high 6 priority. 7 MS. NEMEC: We're supposed to be able to put in 8 sick, vacation, and comp time balances, and then enter from 9 there. 10 COMMISSIONER WILLIAMS: Just time, we're talking 11 about. 12 COMMISSIONER BALDWIN: Let me ask a question before 13 y'all get off into that. As far as -- let's say Rex enters 14 his time for his employees. Does the personnel officer just 15 go into the computer and see it already, or does he send it? 16 COMMISSIONER WILLIAMS: Why don't you come explain 17 it to us, Mr. Trolinger? 18 MR. TROLINGER: Electronic time cards? 19 COMMISSIONER WILLIAMS: In a perfect world, the 20 payroll system that we purchased to upgrade where we are. 21 MR. TROLINGER: Yes, sir. 22 COMMISSIONER WILLIAMS: Tell us the -- 23 COMMISSIONER LETZ: Why isn't it working. 24 MR. TROLINGER: I think it's working very well. I 25 haven't heard any complaints -- I'm looking behind me to make 7-10-06 103 1 sure. 2 COMMISSIONER WILLIAMS: You just missed a complaint. 3 COMMISSIONER LETZ: No one's using it yet. 4 COMMISSIONER NICHOLSON: Why is the Treasurer's 5 office continuing to enter time data? 6 MR. TROLINGER: So far, the only office that's using 7 electronic time cards is the Auditor's office. The procedure 8 is, an office person goes -- logs into the reporting function, 9 enters their time. Once they're satisfied that their time's 10 entered properly, they hit "Submit." They click a button that 11 says "Submit." 12 COMMISSIONER LETZ: Only you have to have some 13 access to be able to submit? 14 MR. TROLINGER: You have to have a user name and 15 password. 16 COMMISSIONER WILLIAMS: By each department? 17 MR. TROLINGER: By each person. 18 COMMISSIONER WILLIAMS: So, do you want to tell the 19 County Attorney when he can do that? He says he can't do 20 that. 21 MR. TROLINGER: There is some setup that they need 22 to go and establish a user account, that's correct. The next 23 step after that individual -- 24 COMMISSIONER LETZ: Well, let's go back to that one, 25 though. That's a huge -- I mean, we just had two elected -- 7-10-06 104 1 three elected officials say that they can't do it, and they 2 said the Sheriff isn't doing it, and it's a huge burden on the 3 payroll function until this -- this is a huge priority. 4 MS. NEMEC: This was a selling point. 5 COMMISSIONER LETZ: And if it's because we're not 6 setting up user accounts, that needs to be done. 7 MR. TROLINGER: Well, I can lead and prompt the 8 Sheriff's Office and the other offices to use electronic 9 reporting. 10 COMMISSIONER LETZ: I know how you do it. The 11 Treasurer will quit accepting handwritten ones; then they'll 12 do it. 13 MS. PIEPER: We don't have a problem doing it if we 14 knew we could do it. I went to every training that was on 15 this one-page memo that affected my office. Now, if it said 16 "Payroll," I assumed -- and I guess I assumed wrong -- that 17 that dealt with Barbara's office. I didn't go to that 18 training. I mean, if I should have, I didn't know to. 19 COMMISSIONER WILLIAMS: Well, the goal is -- the 20 goal is electronic input from the -- from the department, 21 point of origin. 22 MR. TROLINGER: Yes. 23 COMMISSIONER WILLIAMS: By whomever the department 24 head or elected official chooses, so that it gets to a point 25 where it's finally collected and released to the Treasurer for 7-10-06 105 1 payment. That's the ultimate goal. 2 MR. TROLINGER: Correct. 3 COMMISSIONER WILLIAMS: Okay. Where are we? 4 MR. TROLINGER: The Auditor's office is the only 5 office that is using that electronic time reporting at this 6 time. 7 COMMISSIONER WILLIAMS: What do we need to do to get 8 our larger departments online doing it; i.e., the Sheriff? 9 COMMISSIONER LETZ: Road and Bridge. 10 COMMISSIONER WILLIAMS: Road and Bridge. 11 COMMISSIONER NICHOLSON: Everybody. 12 COMMISSIONER WILLIAMS: Clerk's office, et cetera. 13 What do we need to do? 14 COMMISSIONER BALDWIN: John, you're being a little 15 bit too nice. I think I'm reading what's going on here. 16 MR. TROLINGER: The problem is, it's just not my 17 responsibility to direct individuals -- individual offices to 18 use software features. 19 COMMISSIONER WILLIAMS: No, that's our 20 responsibility. 21 COMMISSIONER BALDWIN: He's right. 22 MR. TROLINGER: I'm just not -- I don't feel it's my 23 responsibility to do it. 24 COMMISSIONER WILLIAMS: You're correct. That's our 25 responsibility. 7-10-06 106 1 MR. TROLINGER: Someone comes to me and asks for the 2 capability, so I can set up the access -- for instance, at the 3 Sheriff's Office, that's on two -- three computers, the access 4 capability. 5 COMMISSIONER WILLIAMS: It's our responsibility to 6 direct it. We want to know that it is available and ready to 7 be used so that when we direct it, it will happen. 8 MR. TROLINGER: Yes, it is available. It does work. 9 I've used it myself; it does work. The Auditor's office has 10 used it for some number of payroll periods. 11 COMMISSIONER LETZ: So, if the County Judge sends 12 out a memo and directs all department heads and elected 13 officials to contact you and set it up, effective, you know, 14 at some point in the future, you know, all payroll must be 15 submitted electronically and they're to contact you A.S.A.P. 16 to set it up for their departments, that's what needs to be 17 done. 18 COMMISSIONER WILLIAMS: Well, let's determine when 19 that happens, 'cause that ties into what Dave and I are 20 talking about. 21 COMMISSIONER LETZ: All right. I mean -- 22 MR. TROLINGER: That's really a huge step to take 23 all at once. I had a concept that we'd get the key players at 24 the Sheriff's Office, since they have the largest number of 25 employees at one place under one person. This -- the Sheriff. 7-10-06 107 1 COMMISSIONER LETZ: Right. 2 MR. TROLINGER: That they would implement first at 3 the supervisor level to do the electronic time entry. They'd 4 continue taking the written time cards signed from the 5 individuals, and the supervisors would do the time entry to 6 begin with. 7 COMMISSIONER LETZ: Can this be done countywide by 8 September 30th, realistically? 9 MR. TROLINGER: Yes. 10 COMMISSIONER LETZ: Because that's -- that's the 11 kind of date we need, because it has a huge budget impact, and 12 we just need to know and it needs to be done. 13 COMMISSIONER WILLIAMS: That's kind of where we're 14 going. By September 30, we'll tell you how we're going to get 15 there and each step. 16 COMMISSIONER NICHOLSON: John, for our 17 understanding -- let me paint a picture of what kind of 18 transactions occur, and tell me what responsibility -- what 19 we're asking departments to do. Let's say the Animal Control 20 supervisor hires a new employee today. Is the responsibility 21 -- is her responsibility to create a file for that employee? 22 To enter withholding information, insurance information, all 23 that sort of thing? Who creates the initial file? 24 MR. TROLINGER: For payroll, it would be the 25 Treasurer's office. They've got to establish the new 7-10-06 108 1 accounts. 2 COMMISSIONER NICHOLSON: Okay. So, if I'm Janie and 3 I hire somebody today, I'm going to contact the personnel 4 officer and say, "Here's who I've hired," and -- 5 COMMISSIONER LETZ: Payroll officer. 6 COMMISSIONER WILLIAMS: It would be an H.R. 7 responsibility. Is that what you're saying? 8 MR. TROLINGER: If you're establishing a new -- yes. 9 I would say if we're talking about a human resources officer, 10 then it goes to that person first. 11 COMMISSIONER NICHOLSON: So, the initial file is 12 created by the human resources officer. 13 MR. TROLINGER: Okay. 14 COMMISSIONER NICHOLSON: Okay. Now it's a year 15 later, and that employee is going to move from a 12-1 to a 16 12-2 or something. Who enters that information? 17 MR. TROLINGER: Same office. The human resources 18 officer would take that and make that change. Changes at 19 those level are administrative functions. 20 COMMISSIONER NICHOLSON: So, the only thing you're 21 asking -- we're asking the departments to do is to enter time 22 data? 23 MR. TROLINGER: Exactly. The time, the comp time 24 used, the vacation time, sick time used. That -- that's the 25 piece that's being done on paper. That's a large -- 7-10-06 109 1 COMMISSIONER WILLIAMS: Overtime. 2 MR. TROLINGER: -- paper burden right now. 3 Overtime. And each individual county employee right now, 4 either using the computer to electronically type it in and 5 then print it out, basically using it as an electronic 6 typewriter, then submits a signed time sheet which is taken to 7 a supervisor, which is then passed on to -- in the Sheriff's 8 Office case, to their personnel clerk who handles that, and 9 then it then comes on paper, I believe, to the Treasurer's 10 office. 11 MS. NEMEC: But we don't pay off the timesheets. We 12 don't pay off the timesheets, so I don't know. That would 13 just be for record purposes only, then. The timesheets aren't 14 turned into -- we're on a 28-day schedule, timesheets. And, 15 like, on the 15th, we're paying through the end of the day on 16 the 15th, so it's going to -- it's going to create a whole new 17 reporting system. If the payroll function is going to be used 18 for that purpose, for vacation, sick time, comp time, then we 19 will no longer be using the 28-day timesheet. 20 COMMISSIONER NICHOLSON: Well, let's go back to 21 examples. This hypothetical person we hired out at Animal 22 Control is on the payroll now. The file's created, and it's 23 time for the end of the pay period, and the person worked some 24 overtime. How does that information get into the system so 25 the person's paycheck reflects some overtime? 7-10-06 110 1 MS. NEMEC: Right now? They just send me a letter 2 saying pay overtime. But I think the system has the 3 capability of inputting the balances of the vacation, sick, 4 and comp; is that correct? 5 MR. TROLINGER: Yes. 6 MS. NEMEC: Once we input those balances, then they 7 can -- they can charge it to an overtime source code, and -- 8 MR. TROLINGER: Well, those are all the details, but 9 yes, it does work. It's there. I've used it. It works for 10 the Auditor's office. 11 COMMISSIONER LETZ: So -- but, I mean -- 12 MS. NEMEC: But right now, all they're doing is 13 telling me to pay a certain amount of hours to so-and-so for 14 overtime. That's how they're doing it. 15 COMMISSIONER WILLIAMS: But the reality of it is, 16 with the new system, that information can be input at the 17 point of origin; i.e., various departments, and go -- and when 18 that "Submit" button is hit, it goes to a central point? 19 MR. TROLINGER: Yes, sir. 20 COMMISSIONER WILLIAMS: Correct? 21 MR. TROLINGER: It goes to the next approval level. 22 COMMISSIONER WILLIAMS: Yeah, right. 23 JUDGE TINLEY: That works for compensatory time, 24 overtime, sick leave, vacation time, -- 25 MR. TROLINGER: Yes, sir. 7-10-06 111 1 JUDGE TINLEY: -- any of those different -- 2 MR. TROLINGER: Yes, sir. 3 JUDGE TINLEY: -- codes. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER NICHOLSON: Same hypothetical employee. 6 Now we've got -- we're enrolled in the health insurance 7 program, and the employee gets another dependent, so that 8 means his or her withholding might change, and might indicate 9 an insurance category change. Who would enter that into the 10 system? 11 MR. TROLINGER: That's still back to human 12 resources. It's an administrative function where you make 13 changes to that payroll record. Anytime you do that, you've 14 got to have somebody that's in the -- 15 COMMISSIONER LETZ: I think the terminology is 16 different, because "payroll" for us is different than other -- 17 human resources and payroll are separate for counties by law, 18 because of who is required to do them. So, anything related 19 to payroll is Treasurer. Everything related to administrative 20 support is human resources, I understand, and that's not 21 necessarily payroll. So -- 22 COMMISSIONER WILLIAMS: No, I think -- I think 23 you're a little bit off there, Commissioner. 24 COMMISSIONER LETZ: Really? 25 COMMISSIONER WILLIAMS: I think payroll preparation 7-10-06 112 1 is a function that can be handled outside the Treasurer's 2 office and the payroll department. Disbursement of funds and 3 writing of checks is the Treasurer's function, but I think 4 that's the line of demarcation, and I think that's way we want 5 to head it. If we want to set -- we're talking about human 6 resources-slash-payroll department and payroll preparation, 7 all the way from point of origin all the way through approval, 8 knowing that things are right to get passed down to the 9 Treasurer for disbursement of funds. That's where we're 10 headed. 11 COMMISSIONER LETZ: Well, I just think we need to 12 keep a clear distinction. We need to make -- what I'm seeing, 13 between payroll and human resources, we can't use those terms 14 real loosely, or interchangeably, because it means a lot 15 different to us now as opposed to a couple months ago, because 16 we're looking at those as very separate functions. 17 COMMISSIONER WILLIAMS: You can't use the terms 18 interchangeably, but they are interrelated. 19 COMMISSIONER LETZ: Right. 20 MR. TROLINGER: Software-wise, I saw the function of 21 changing the individual pay records for the Sheriff's Office 22 resting -- possibly one day resting at the Sheriff's Office, 23 where they could go in and modify the step and grade, for 24 instance. It's -- the capability is there. But I think you'd 25 still want the administrative function to reside with either 7-10-06 113 1 your human resources officer or your Treasurer to actually 2 make that change. But it's all just a matter of procedure 3 with the software. 4 COMMISSIONER LETZ: Okay. 5 MR. TROLINGER: Now, I'll admit that the time entry 6 software is not going to be an easy thing. It's something new 7 that -- you know, even shift supervisors at first will say, 8 "Why do I have to use this?" There will be resistance. But 9 if they -- 10 COMMISSIONER WILLIAMS: It's very simple. If they 11 want to get paid, they're going to use it. 12 MR. TROLINGER: If they receive training on how to 13 use it, then it's very simple. 14 JUDGE TINLEY: The training that would be 15 necessitated in order to bring them up to speed, that's not an 16 elaborate or extensive thing, is it? 17 MR. TROLINGER: It's not. And I believe that we 18 could do it in-house; that the Treasurer's office or the human 19 resources office could very easily take the shift supervisors 20 for a particular department -- for instance, patrol for the 21 Sheriff's Office -- and give them an hour of instruction and 22 then a user account so that they could start doing electronic 23 time cards. 24 COMMISSIONER LETZ: I don't care where you start or 25 where they start, but we're -- we have about two months to get 7-10-06 114 1 this done. 2 MR. TROLINGER: The software is in place. It is 3 working. 4 COMMISSIONER WILLIAMS: Well, Judge, two points 5 about where we start. It's kind of where we end up. If we're 6 going to create an H.R. department and a payroll clerk within 7 that department, then we need to be about that business so 8 that we can relate to him how all this gets set up, et cetera, 9 et cetera, et cetera. 10 COMMISSIONER LETZ: I agree, we need to make that 11 decision in the next couple of weeks as to whether we're going 12 to -- what route we're going to go. But I think each 13 department needs to start getting on track to get their 14 payroll records from their department into this system -- new 15 system immediately. I mean, because we can't have -- we're 16 not -- well, I'm not going to support us keeping two systems 17 or paying some of our departments to have an employee to spend 18 money monitoring it one way when we have another capability. 19 Which Road and Bridge currently does; they and the Sheriff 20 does it. They spend man hours doing it, and they send the 21 same information in, and then they keep their own little 22 records. 23 COMMISSIONER WILLIAMS: That's right. 24 COMMISSIONER LETZ: It's ridiculous. 25 COMMISSIONER WILLIAMS: We're going to eliminate 7-10-06 115 1 that. 2 COMMISSIONER LETZ: And they're going to -- or 3 they've got to get it into the system. 4 COMMISSIONER WILLIAMS: I agree. 5 COMMISSIONER LETZ: Okay, on payroll. 6 COMMISSIONER NICHOLSON: I think the next step, 7 whether we do it today or do it two weeks from now, is to 8 decide whether we're going to ask the Treasurer to continue to 9 -- continue to perform an expanded personnel function, or 10 whether we're going to assign it to another current county 11 employee, or whether we're going to hire someone to perform 12 that function. So, I think that's the reason we have it 13 scheduled for executive session, so we can talk about the 14 performance capabilities of people we have on our payroll now. 15 COMMISSIONER WILLIAMS: I agree. 16 JUDGE TINLEY: Are you telling me at this point, 17 you're not ready to go further in open or public session about 18 the matters on the agenda item? 19 COMMISSIONER NICHOLSON: I think we ought to go in 20 executive session. 21 COMMISSIONER WILLIAMS: I agree. 22 JUDGE TINLEY: Is that the consensus? 23 COMMISSIONER NICHOLSON: I'd like for the Auditor to 24 be here. 25 JUDGE TINLEY: Before we do that, let me ask any 7-10-06 116 1 member of the Court if they have anything to offer on this 2 agenda item, at least at this juncture, to properly be 3 considered in public or open session? We will go out of open 4 or public session at 11:46, and we'll go into executive or 5 closed session. 6 (Discussion off the record.) 7 (The open session was closed at 11:46 a.m., and an executive session was held, the transcript of which 8 is contained in a separate document.) 9 - - - - - - - - - - 10 JUDGE TINLEY: Okay. We are back in open or public 11 session at 12:07. Does any member of the Court have anything 12 to offer with regard to any of the matters discussed in closed 13 or executive session? 14 COMMISSIONER LETZ: I don't have anything. 15 JUDGE TINLEY: Okay. Anything further, gentlemen? 16 I believe we've handled all the agenda items. We will stand 17 adjourned. 18 (Commissioners Court adjourned at 12:07 p.m.) 19 - - - - - - - - - - 20 21 22 23 24 25 7-10-06 117 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 5 capacity as County Clerk of the Commissioners Court 6 of Kerr County, Texas, at the time and place 7 heretofore set forth. 8 DATED at Kerrville, Texas, this 14th day of 9 July, 2006. 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 7-10-06