1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 27, 2009 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 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X April 27, 2009 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action to 4 change Indigent Health Care Coordinator position from a 14.1 to an 18.1 on the county's step and 5 grade salary schedule effective May 1, 2009 13 6 1.2 Consider/discuss, take appropriate action to make appropriate changes as needed to the Kerr 7 County Wild Animal Ordinance 23 8 1.3 Presentation of County Treasurer's monthly report for March 2009 to Commissioners' Court 9 for examination and acceptance 30 10 1.4 Acknowledge receipt of quarterly investment report from Patterson and Associates for quarter 11 ending 3-31-09 31 12 1.5 Consider/discuss and approve amending Court Order 31256 for extension of depository contract 13 between Security State Bank and Kerr County to include funds under LGC Chapter 117 32 14 1.6 Consider/discuss, take appropriate action 15 regarding presentation of Kerr County 6-month financials for FY '09 32 16 1.10 Public Hearing for final revision of plat for 17 Vistas Escondidas de Cypress Springs Estates, Lot 128 and 129, Precinct 4 50 18 1.7 Presentation to review insurance expense for 19 fiscal year '08-'09 50 20 1.8 Consider/discuss, take appropriate action on approval of audit reports for Kerr County 21 Justices of the Peace, Precincts 1 through 4 59 22 1.9 Consider/discuss, take appropriate action on annual audit of Chapter 19 Voter Registrar funds 23 for October 1, 2007 through February 28, 2009 60 24 1.11 Consider/discuss, take appropriate action for acceptance of the Final Revision of Plat for 25 Vistas Escondidas de Cypress Springs Estates, Lots 128 and 129, Precinct 4 61 3 1 I N D E X (Continued) April 27, 2009 2 PAGE 3 1.12 Consider/discuss, take appropriate action to release Western Surety Bond #70271788 and accept 4 the CNA Surety Bond #0601 70271788, Precinct 4 62 5 1.13 Consider/discuss, take appropriate action to release Letter of Credit for Ranches of Sunset 6 Ridge and accept a maintenance bond for a year to finish remainder of items to be completed, Pct. 3 64 7 1.14 Consider/discuss, take appropriate action regarding 8 changing positions in the position schedule within Road and Bridge 68 9 1.15 Open bids for courthouse windows and distribute 10 to appropriate personnel for review and recommendations 71 11 1.16 Consider/discuss, take appropriate action to 12 establish confidentiality agreements between Information Technology and offices served by 13 Kerr County IT 72 14 1.17 Consider/discuss, take appropriate action to submit a "2009 TRRN Certification Letter" to 15 AACOG in order to be eligible for any 2009 Homeland Security grants; allow County Judge 16 to sign same 78 17 1.18 Consider/discuss, take appropriate action to change date for employee evaluations from May 25, 18 2009 at 1:30 p.m. to May 26, 2009 at 1:30 p.m. 78 19 1.19 Six-month review of Juvenile Detention Center 79 20 4.1 Pay Bills 90 21 4.2 Budget Amendments -- 4.3 Late Bills -- 22 4.4 Approve and Accept Monthly Reports 92 23 5.1 Reports from Commissioners/Liaison Committee Assignments 92 24 5.2 Reports from Elected Officials/Department Heads 99 25 --- Adjourned 107 4 1 On Monday, April 27, 2009, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this time and 10 date, Monday, April 27, 2009, at 9 a.m. It is that time now. 11 Commissioner Letz? 12 COMMISSIONER LETZ: Would everyone please stand and 13 join me in a moment of prayer, followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Please be seated. At 16 this time, if there's any member of the audience or the 17 public that wishes to be heard on any matter that is not a 18 listed agenda item, feel free to come forward at this time 19 and tell us what's on your mind. If you wish to be heard on 20 an agenda item, we would prefer that you fill out a 21 participation form located at the back of the room. It's not 22 essential that you do that. It helps me insofar as knowing 23 that there's someone that wishes to be heard so that when we 24 do get to that item, I can see that you're recognized. 25 However, if you wish to be heard on an agenda item and you've 4-27-09 5 1 not filled out a participation form, that's all right, too. 2 Just get my attention in some manner and I'll see that you 3 have the opportunity to be heard. But right now, if there's 4 any member of the audience or the public that wishes to be 5 heard on any matter that is not a listed agenda item, feel 6 free to come forward at this time. Seeing no one coming 7 forward, we will move on with our agenda. Commissioner Letz? 8 COMMISSIONER LETZ: A couple things this morning. 9 I think the last time we were here, I was getting ready to go 10 meet with some environmentalists and give a talk. I made it 11 out alive. (Laughter.) Actually, had quite a bit of fun 12 giving a little bit of guff and taking it from Ken Kramer, 13 who's the head of Sierra Club, and a few others. It's 14 amazing; they just don't think too far out of the box, pretty 15 narrow focus. They kind of look at you with glazed eyes when 16 you bring up something that they don't understand, like power 17 transmission lines crossing the hill country because of wind 18 power. It was a very interesting experience; had a good 19 time. 20 A brief update on the legislation we've been 21 working on in Austin. The bill has come out of committee. 22 It's now in calendars. It was changed; not real, real happy 23 with the changes made. Not real happy with most of the 24 legislators, including our own, though Harvey has said he is 25 going to support the bill. Then he goes around and does some 4-27-09 6 1 other things. So, anyway, it's kind of up in the air as to 2 where all that's going. If it -- from Harvey's perspective, 3 if it doesn't get out of calendars within a week, 10 days at 4 most, it's dead. So -- and calendars -- that whole thing up 5 there is so weird to me. Calendars, you think that they 6 would, you know, take action on it. I mean, the way they do 7 it, I guess, they can do nothing, which kills the bill, and 8 so they have to be proactive. And they're -- all of the 9 members of the Calendars Committee are urban, so none of them 10 have a real strong reason to care about this bill. So, 11 unless somebody puts pressure on someone to do it, any one of 12 them can kill it. So, that's kind of a -- if it ever gets to 13 the Senate, we'll see what happens there. 14 And then last Saturday -- well, this past Saturday, 15 the 25th, Center Point community had their 100th anniversary 16 of the schoolhouse and the founding of that community, and 17 for those that are interested in it, -- Irene was there, I 18 know -- here's a book they put together. Very interesting. 19 The -- it's a series of articles, stories, memories from 20 primarily people in that area. If you look at the directory, 21 you'd think you're in Germany, but Julius Neunhoffer family, 22 they have a story in here. Pieper family, Holekamp family, 23 Wiedenfelds, Schladoers, Schellhase, Halbecker. So, it's a 24 bunch of the people that are both prominent in Kerr County 25 and Kendall County in the Kerrville and Comfort area, so it's 4-27-09 7 1 kind of an interesting book and stories. Well-attended, 2 all-day event, good German lunch. As a representative, I was 3 there, Constable Garza was there, Judge Mitchell was there; 4 maybe some others came later. But, anyway, had a real good 5 time. They put a lot of work into it. It turned out very 6 nice. That's it. 7 JUDGE TINLEY: Commissioner Oehler? 8 COMMISSIONER OEHLER: Well, first thing, we have 9 had -- in my area last night, at least, we had some rain. We 10 had almost eight-tenths, which is very welcome. Sorry you 11 didn't get that much, Jon, but, you know, I guess that's the 12 way it goes. The other thing is, this last week I attended a 13 -- I guess it's the Hill Country chapter of the Prescribed 14 Burn Association, and went through about a -- oh, I think 15 there was about almost three hours worth of talking and going 16 over the Kerr Wildlife area where they had done some burning, 17 and showed the results and showed -- told about a lot of 18 things that they take into consideration when they do those 19 burns. And not to -- I think, for the most part, they did an 20 outstanding job. And Bill Armstrong was there to kind of 21 help the new kid on the block along and giving him guidance 22 on how to do the burning. 23 And -- and then I guess the other thing is, been 24 around the bridge projects a couple times in the last two 25 weeks up around Highway 39, and there's three of them going 4-27-09 8 1 at one time. And the two Smith crossings are just about 2 ready to backfill and open up both lanes, and Panther Creek 3 is -- one lane is finished, and they're going to start 4 transferring that traffic over pretty soon and work on the 5 other half. I believe we have two projects that are getting 6 bid. I believe it's in -- what, October was in June, and I 7 believe it's this month to be let in July, and it will be 8 started first of September, that being the Lone Star Crossing 9 right by River Bend Ranch, and the other one being Mayhew, 10 which is the first one you come to in the North Fork after 11 you leave Hunt, which is one of the most critical ones that 12 stays flooded the longest. So, those projects are set to be 13 -- be let. They're going to be bid this month, let in July, 14 and start September. That's a little bit about what I'm 15 doing. That's it. 16 JUDGE TINLEY: Thank you. Commissioner Baldwin? 17 COMMISSIONER BALDWIN: Yes, sir, I have a couple of 18 things. I wanted to remind you guys that this Friday at 19 10:30, we have a workshop, I don't know, in here somewhere in 20 the courthouse. The Assistant D.A. from Williamson County is 21 to come -- is coming over to make a presentation on the 22 direct file system, which is a pretty cool thing, I think. I 23 have been -- last couple of weeks, have been going to the 24 courts and observing them, and watching the jail population 25 do its little thing, and really fascinating and interesting. 4-27-09 9 1 If you remember, about this time a year ago, we had in the 2 neighborhood of 180 prisoners in our jail. One day this last 3 week, we got it down to 117. So, what's going -- you know, 4 it's neat to see the District Judges both going out to the 5 jail and functioning out there in that courtroom, and -- and, 6 you know, the -- we can get five or six people out of there, 7 and they'd go arrest seven or eight, but it's just -- that's 8 just the way the thing works. But this direct file thing 9 should -- in my mind, you know, it'll reduce the numbers even 10 further, and I can see it where it's going to help maintain 11 those numbers. And if you remember, really, the reason that 12 we're all putting -- putting any effort -- putting forth 13 effort in this thing is we want to reduce the number of 14 prisoners, as opposed to spending taxpayers' money on a new 15 jail, so everybody is really bending over backwards to get 16 this thing done, and I'm -- the District Judges, both D.A.'s, 17 everybody's working very, very hard to get this thing done, 18 and I appreciate them a lot. 19 I want to remind you also, May 14th we're going to 20 have dinner on the grounds out here. You'd be amazed at some 21 of the folks that have stopped me and are excited about -- 22 some of the old-timers are coming in to be a part of that, 23 and I've gotten e-mails from people all over the state, and 24 it's really kind of interesting, and I'm pretty excited about 25 it. I understand there's going to be a hell of a band. And 4-27-09 10 1 I don't cuss, but there's going to be a hell of a band out 2 there. So, you may want to have, from 12:00 to 1:00, dinner 3 on the grounds, Thursday, May 14th. I got a report from my 4 little boy down on the border Thursday morning at 5:30. 5 Right across the river from him, the police chief that had 6 been there for six days was assassinated at 5 o'clock 7 Thursday morning. So, he sleeps with two handguns and a 8 shotgun, much like the County Judge here. (Laughter.) And 9 -- but we've added a -- 10 JUDGE TINLEY: I'll tell my wife that you called 11 her one of those names. (Laughter.) 12 COMMISSIONER BALDWIN: She's the handgun? But he's 13 added -- added a machine gun to his arsenal now. So, I mean, 14 he carries a machine gun everywhere he goes, and that's 15 pretty sad, and dang dangerous. So, as his daddy, I'm 16 ordering him to come home. Somebody else can protect the 17 borders. That's it. That's all I've got to say about that. 18 JUDGE TINLEY: Commissioner Williams? 19 COMMISSIONER WILLIAMS: Wish I had good news, but 20 what I have is a piece of -- I need to advise the Court about 21 what happened in your absence, Judge, at the Juvenile 22 Detention Facility. We blew a boiler out there in the old 23 building, and Mr. Tim called me bright and early one morning 24 in your absence to tell me about it. Doesn't seem to be such 25 a monumental occasion, except that that provides the hot 4-27-09 11 1 water to the washing machines, takes cares of the clothes for 2 the kids in the other facility, so we had a little problem. 3 Tim told me that to fix the old boiler -- he'll have more 4 details for you here in a second -- would be somewhere like 5 -- or to replace it, I should say, would be something like a 6 $30,000 to $40,000 expenditure, so we opted quickly to find 7 another solution. Mr. Tim, do you want to come up here and 8 tell the Court what the other solution is and how much money 9 you saved out of your budget by doing that? 10 JUDGE TINLEY: I notice you mention his budget. 11 COMMISSIONER LETZ: County Attorney's shaking his 12 head. 13 COMMISSIONER WILLIAMS: No? 14 MR. EMERSON: No. 15 COMMISSIONER WILLIAMS: Under my report? 16 MR. EMERSON: No. You're more than welcome to talk 17 about it, but you can't drag him in and get into a 18 discussion. 19 COMMISSIONER WILLIAMS: Sit down, Tim. 20 MR. BOLLIER: Yes, sir, County Attorney. 21 COMMISSIONER WILLIAMS: The solution, gentlemen, 22 was we bought a couple washing machines to take care of the 23 clothing situation and installed them in the newer facility, 24 at a cost considerably less than $30,000 to $40,000 for a 25 replacement boiler. So, now we have clean clothes for the 4-27-09 12 1 kids in the Juvenile Detention Facility. We have an old 2 building with a busted boiler, which someday we'll have to 3 take -- pay attention to. But you may remember that the only 4 reason that boiler stayed fired all the time was to take care 5 of the clothes washing situation in the newer facility, so 6 now we've corrected that; we were forced to correct that. 7 And when it comes time to talk about what to do with the old 8 facility, we'll talk about what to do with the boiler. Is 9 that okay, Mr. County Attorney? 10 MR. EMERSON: Yes, sir. 11 COMMISSIONER WILLIAMS: Thank you, sir. 12 JUDGE TINLEY: Anything else? 13 COMMISSIONER WILLIAMS: No, sir. 14 JUDGE TINLEY: I was at the West Texas County 15 Judges and Commissioners Association conference the majority 16 of last week, 118 counties represented by that group. 17 Attendance was pretty significant. The report I heard was 18 that there were 450, which, when you stop and consider 19 that -- that with five commissioners and five members of the 20 court from each county, you're talking about what, 590 folks, 21 I guess, so that's a pretty good sampling of those folks. We 22 got the opportunity to learn about some new issues and some 23 new problems and what's going on at the Legislature. There's 24 some good things pending, probably most of which won't get 25 enacted. There's some bad things pending, which hopefully 4-27-09 13 1 won't, but in all probability will get shoved down our throat 2 and we'll get to pay for it. One interesting piece of 3 legislation that would be a joint resolution which would 4 provide for referendum, constitutional amendment for the 5 state to not mandate local governments to take any action 6 which costs money without providing the funding to -- in 7 order to take that action. It'll be interesting to see where 8 that one goes. But all in all, it was a pretty good 9 conference, and well-attended. Let's get on with our agenda. 10 First item on the agenda is to consider, discuss, 11 and take appropriate action to change Indigent Health Care 12 Coordinator position from a 14.1 to an 18.1 on the county 13 step and grade salary schedule effective May 1, 2009, with 14 funds to cover the change coming from unexpended Fiscal Year 15 2009 Indigent Health Care budget, Line Item 50-641-106. 16 Hospital inpatient, which had 78 percent of the funds 17 remaining at the end of March 2009. Budget impact for the 18 current budget year will be $2,830. Ms. Lavender? 19 MS. LAVENDER: On a personal note, I want to thank 20 the Judge and Commissioner Oehler for coming to the Habitat 21 groundbreaking too. I'm sorry the rest of you didn't get 22 there, but thank you guys for coming and representing the 23 county. When we started this program last September and 24 hired someone for the position, we really were kind of in the 25 dark about what the responsibilities would be and how much 4-27-09 14 1 work there would be. And she did not ask me to come do this; 2 I did this on my own. But I feel like this lady that we 3 hired came to us with exceptional credentials and background, 4 and her learning curve was about as short as I've ever seen 5 with anyone coming into a position that was new. And as 6 you've been watching all year, the cost of the Indigent 7 Health program has been greatly reduced, significantly 8 reduced. As of this morning, we have 39 people, and that 9 includes the jail population on indigent health care. She 10 has worked with them to -- some of the long-term ones that we 11 had on there, to move them over to Social Security, where 12 they both have insurance and supplemental income benefits. 13 And she's worked with Jennifer Knoulton, the Wesley nurse out 14 at First Methodist Church, to get our diabetic clients into 15 counseling and diet help, and to get them help with their 16 diabetic supplies. So, she's worked real hard to get this 17 program up, running, and where it needs to be, and compared 18 to others in the courthouse who have similar 19 responsibilities, I feel like this is a justifiable increase 20 in her pay grade and salary, and I would ask to you approve 21 it. 22 COMMISSIONER BALDWIN: Is it normal to jump four 23 steps like that? 24 MS. LAVENDER: I don't know. 25 COMMISSIONER BALDWIN: That's really not a question 4-27-09 15 1 for you. 2 MS. LAVENDER: I don't know about pay grade and 3 salary stuff. You'd have so ask Eva about that. I think 4 when we started this thing, we really didn't know where it 5 was going to fall into the pay grade scale, and I think we 6 needed six months to look at it. And we've looked at it for 7 six months, and I would let Eva speak to that. 8 COMMISSIONER BALDWIN: Good. 9 MS. HYDE: I went back to the notes when y'all 10 discussed it -- 11 COMMISSIONER WILLIAMS: Use the mic, please. 12 MS. HYDE: I went back to the notes when y'all 13 first discussed the position, and one of the things that was 14 discussed is we don't know what this person is going to do or 15 be capable of, but we want to bring them in where everybody 16 else is. And then it was supposed to be reevaluated, looked 17 at throughout the year to see, and after six months, see if 18 there was anything there. So, that's kind of why it's being 19 brought back to the Court. No, sir, it's not in the budget. 20 I think that was part two of your question, Commissioner 21 Baldwin. No? 22 COMMISSIONER BALDWIN: No. 23 MS. HYDE: Okay. 24 COMMISSIONER LETZ: It would be mine, but... 25 MS. HYDE: So, that's kind of where it's at. 4-27-09 16 1 COMMISSIONER BALDWIN: Is it normal to step from 14 2 to 18? 3 MS. HYDE: It's a brand new position, so there was 4 no -- 5 COMMISSIONER BALDWIN: Has anybody stepped from 14 6 to 18 before? 7 MS. HYDE: There's been some, yeah. 8 COMMISSIONER BALDWIN: Four steps? 9 MS. HYDE: There's been some that's gone more than 10 that. 11 JUDGE TINLEY: Ms. Hyde, based on your assessment 12 of what the job description has come to entail and 13 responsibilities of that particular position, do you feel 14 like 18.1 is an appropriate pay grade classification for that 15 position, given those considerations? 16 MS. HYDE: Rosa? One thing that we had talked 17 about was a 17 or an 18, so, you know, I'm kind of a 18 'tweener, because it's not in the budget, and I know one 19 person is going to say something about it not being in the 20 budget. But between a 17 or 18, because she'll also get her 21 longevity in October, which will take her up. 22 MS. LAVENDER: She won't be here a year October 23 1st. 24 MS. HYDE: She'll get it, like, the second payroll. 25 COMMISSIONER LETZ: My -- you answered part of it. 4-27-09 17 1 I mean, part of the answer sounded -- we said originally we 2 would reevaluate. That makes sense. I'm glad we said that. 3 At least we're not totally outside what we normally do. I'm 4 like Buster, though; it seems like it's an awful big jump, 5 and I really -- the problem I have with these things is we 6 need to really look at job descriptions and make sure the job 7 description -- you know, people need to get paid based on 8 what they're doing. I believe in that. But we tend to look 9 at money and then create jobs descriptions to -- to fit that. 10 And that's where I have a little bit of concern. I think 11 18.1 seems a little bit on the high side to me on this. 12 MS. HYDE: Most of them are 17's, if you look at 13 the job descriptions, and I think that's where you two were 14 going. Most of them are 17's. And then you have your chief 15 deputies that are 19's, and, like, court coordinators are 16 19's. So, this one's kind of a 'tweener. Is she considered 17 a court coordinator type responsibility because of all the 18 moneys and things that she's dealing with, and the decrees 19 and the job responsibilities? 'Cause there's little or no 20 direction. This is a brand-new thing. Or is it more a 17, 21 right below where we look at a chief deputy, where this is 22 the next logical step that they would go in the -- in the 23 positions? And then, you know, at a later date, maybe you'd 24 look at a 17 -- an 18 or a 19, depending on what -- what pans 25 out. 4-27-09 18 1 COMMISSIONER LETZ: I think the -- at this point, 2 17 fits better, because Rosa is there from the standpoint of 3 a -- of a supervisor. I'm not real sure if that makes sense 4 long-term, not that I want to put you out of a job. 5 MS. LAVENDER: Well, you're not paying me to do it 6 anyway, so it doesn't matter. 7 COMMISSIONER LETZ: But it's kind of -- you know, I 8 think we were kind of feeling our way. Down the road, it may 9 make sense to increase it, but I think 17, because there is 10 some supervision and guidance. 11 MS. LAVENDER: But it's unpaid. If you remember, I 12 didn't get any increase in salary to do this. 13 COMMISSIONER LETZ: But it's goodwill. 14 MS. LAVENDER: I know, it's 'cause I have a big 15 heart. 16 JUDGE TINLEY: Ms. Lavender, the -- it's my 17 understanding that that employee is -- in addition to 18 handling the eligibility and those sorts of things that were 19 anticipated to be done in that job, is also filing for 20 reimbursements. 21 MS. LAVENDER: Correct. 22 JUDGE TINLEY: For those that end up on, for 23 example, Social Security Disability. 24 MS. LAVENDER: Correct. 25 JUDGE TINLEY: Are those funds that are received, 4-27-09 19 1 are they netted out against the cost, or do they go into a 2 separate -- a separate kitty over here on the side? I guess 3 my question is the 8 percent -- 4 MS. WILLIAMS: A lot depends on the date that that 5 service was paid on. If it was a prior-year expense, it does 6 not go back into that eligibility line item. If it is a 7 current-year expense, we put it back in there, because areas 8 -- if they weren't covered, we wouldn't have paid it anyway. 9 JUDGE TINLEY: Okay. Would it be a fair statement 10 that most of these reimbursements are going to cover 11 something prior to this fiscal year, the -- 12 MS. LAVENDER: I can't answer that. 13 JUDGE TINLEY: Okay. 14 MS. WILLIAMS: It's kind of fifty-fifty, Judge. 15 JUDGE TINLEY: Okay. 16 MS. WILLIAMS: We can't really tell until we know 17 what date the service was actually paid for. Anything with 18 October 1 is current. Anything prior to that is -- 19 JUDGE TINLEY: How far back do these reimbursement 20 claims -- how far back do we go against Social Security 21 Disability? What's -- 22 MS. WILLIAMS: I think they can go back as far as 23 six or seven months, or even maybe a year. 24 MS. LAVENDER: Yeah. When we first took over the 25 program, because there was quite a backlog of -- of cases 4-27-09 20 1 that hadn't been paid or had been paid and not asked for 2 reimbursement, she has worked those very conscientiously and 3 caught up with all of that. The paperwork with this program 4 was far more than I ever thought it would be for one person 5 to handle, and just the -- the walk-in clientele. Because in 6 my situation, most of the time people make an appointment 7 with me. In her situation, she has a lot of -- of just 8 walk-in clientele, and a lot of times they stay quite a while 9 and are very challenging to deal with. But if you feel like 10 17.1 is appropriate, then I'm sure she's going to be grateful 11 for whatever we do. But I do think 14.1 is way below where 12 she belongs in the -- in the system. 13 COMMISSIONER WILLIAMS: When does longevity kick 14 in? 15 MS. LAVENDER: She will be here a year on the 20th 16 of October, and so I'm not sure whether it kicks in -- at 17 what point -- I'm not on the pay grade step, and so I'm not 18 real familiar with how that works. 19 MS. HYDE: Second payroll in October. 20 MS. LAVENDER: Second pay period in October is when 21 the longevity would kick in. 22 COMMISSIONER WILLIAMS: Being there is -- 23 COMMISSIONER OEHLER: I do agree, we ought to pay 24 people for what job they're doing. I have no problem with 25 that. Although this is a new position, and it was just 4-27-09 21 1 funded this -- this year, and the program is well spent. The 2 money's well spent for what we're getting out of it. 3 JUDGE TINLEY: Mm-hmm. 4 COMMISSIONER OEHLER: On the other hand, though, 5 you have people that have been working here a long time, and 6 I feel like we've got to be fair to everybody else. We 7 shouldn't promote too much at one time, and reevaluate these 8 things at budget time. I'm not -- I'm not opposed to giving, 9 you know, some increase because of her responsibilities and 10 what her job entails. That's fine, after a review at six 11 months. But I can't see jumping that high within a budget 12 year, taking money from -- just because funds are unexpended 13 doesn't mean we need to find a way to spend them. 14 COMMISSIONER WILLIAMS: My inclination would be 15 more along the lines -- I don't disagree with you -- more 16 along the lines of a 16, but with a step in grade coming in 17 October, which takes it to a 17. I appreciate the good work 18 that -- that the employee is doing. 19 COMMISSIONER LETZ: I think take it to a 16.2. 20 COMMISSIONER WILLIAMS: 16.2 would be fine. 16.2 21 would be just fine, and then step and grade takes them up 22 another notch a few months later. 23 COMMISSIONER LETZ: 16.1 now, and the annual thing 24 kicks -- would kick it up to either a -- just adds a -- from 25 a 1 to a 2 at that point. 4-27-09 22 1 COMMISSIONER WILLIAMS: We could take it to a 2 2 now, in my opinion. 3 COMMISSIONER LETZ: I don't like to take it to a 2 4 now; I'd rather leave it at a 1, because it's a -- it's 5 supposed to be a start -- an entry level. 6 COMMISSIONER WILLIAMS: All right. 7 COMMISSIONER BALDWIN: Well, in all of our 8 brilliance that we said that we were going to reevaluate this 9 position in six months, I think if we were really sincere 10 about that, we would have provided something in the budget to 11 take care of this issue that we're dealing with today. But 12 in reality, we're not that smart. 13 MS. LAVENDER: Well, and the budget was done long 14 before this was done, also. 15 COMMISSIONER BALDWIN: And -- but someone make a 16 motion; I'm ready to do this thing. Light a candle. 17 COMMISSIONER WILLIAMS: I will move that the 18 Indigent Health Care Coordinator position be increased 19 effective May 1 from a 14.1 to a 16.1 on the county step and 20 grade salary schedule. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: We have a motion and second. 23 Question or discussion on that motion? All in favor of the 24 motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 4-27-09 23 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. 4 MS. LAVENDER: Thank you. 5 COMMISSIONER BALDWIN: She does a terrific job and 6 she's a neat employee. 7 COMMISSIONER OEHLER: No doubt. 8 COMMISSIONER LETZ: Rosa, I think we do need to 9 look at this again. 10 MS. LAVENDER: When we do the budget, right. 11 COMMISSIONER LETZ: We'll look at the job 12 description. 13 MS. LAVENDER: Thank you. 14 JUDGE TINLEY: Let's move to Item 2; consider, 15 discuss, take appropriate action to make appropriate changes 16 as needed to the Kerr County Wild Animal Ordinance. 17 Commissioner Oehler? 18 COMMISSIONER OEHLER: Well, I put this on. I was 19 supposed to have done it last meeting and I didn't get it 20 done, and I apologize to Ms. Crenshaw and the others that are 21 affected by not getting that done. This is a choice, I 22 think, that could be argued any way, either one way or the 23 other, one side or the other. I've visited with Rex, and 24 he's given me some guidance as far as what we can and can't 25 do with this. I think it would be all of our desire to 4-27-09 24 1 restrict more -- more so in areas of high population than we 2 would in areas like, say, ranches that were 500 or 1,000 3 acres. Unfortunately, we can't do that. We can't restrict 4 it that way. We either have -- we restrict it county-wide; 5 doesn't matter, you know, where the animals may or may not be 6 located. This is the only way we can -- we can deal with 7 this order. I know Ms. Crenshaw wants to speak on this, and 8 I know that the law that's on the books now, you know, gives 9 guidelines, specific guidelines of what -- what you can and 10 can't do, or what you must do in order to be able to house 11 one of these types of animals that's listed. Those -- those 12 are fairly restrictive in what you can do and what you must 13 do to be able to keep them. My concern about passing 14 something new or more restrictive, I guess, is kind -- it's 15 kind of like what we're seeing going on in our federal 16 government and our state government nowadays. We're getting 17 -- we're getting more laws and more laws and we lose more 18 rights and more rights each and every day. And it seems that 19 we should have done a better job of enforcing what was there 20 to begin with. 21 COMMISSIONER BALDWIN: Brilliant. 22 COMMISSIONER OEHLER: If we had done that, this 23 more than likely would not have happened. 24 COMMISSIONER BALDWIN: I agree. 25 COMMISSIONER OEHLER: So I feel like we need to 4-27-09 25 1 take some responsibility for that. On the other hand, we 2 know that our population is growing. Our subdivisions are -- 3 you know, they're getting -- there are getting to be more 4 everywhere. You're having the larger tracts being broken up 5 into smaller residential areas. And the other side of that 6 is, I don't believe I want to live next door to somebody that 7 has one of these things, even if they were following all the 8 rules. So, you know, I think you can argue this either way. 9 And -- but I do know that we are getting more populated, and 10 as time goes on, you know, I believe that we probably ought 11 to do something about this, and we may ought to do something 12 about it today. Anyway, Ms. Crenshaw? Would you like to... 13 MS. CRENSHAW: I don't have much more to say this 14 time than what I said before, but I do not think these -- 15 these animals are pets. I mean, I don't care what you say. 16 You wake up at 3 o'clock in the morning with one of them in 17 the yard with you, and you don't believe it's a pet. The -- 18 we're very fortunate that it happened at the time it did, 19 because on that road -- there are children walking on that 20 road all the time, elderly people on the road all the time, 21 and if they'd have met that cat, what would have happened? 22 If the school bus had been there at that time, what would 23 have happened? And -- you know, and I don't think that the 24 enforcement of the -- of what she was supposed to have had up 25 there was enforced completely at that time. She had gone 4-27-09 26 1 up -- as far as I know, she has redone everything up there. 2 If she was complying with the law completely, why did she 3 have to redo everything up there? And you don't go up there. 4 You got trespassing signs all over everywhere, and she will 5 enforce it, so you don't know what's going on. But I would 6 appreciate the fact that you would consider it, because like 7 I said, it's a -- it's certainly a traumatizing thing in the 8 morning to wake up with all that going on, and nobody was 9 ever notified. As I said, I'm the only Crenshaw in the phone 10 book, but they didn't call and tell us that the tiger was 11 out. Nothing was done to notify us. I woke up in the 12 morning; looked like every house -- every light in my house 13 was on, because I had all kind of law enforcement out in the 14 front with all their lights into my house, flashing lights 15 going on, everything. I didn't know what was going on. 16 Fortunately, my son-in-law was with the volunteer fire 17 department. He has a scanner, and he called me and told me 18 that the tiger was out, and stay away from the windows and 19 the doors. And, like I said, I think we're just very 20 fortunate that it happened at the time it did, and nobody was 21 hurt from it. But it can happen again very easily. 22 JUDGE TINLEY: Thank you, Ms. Crenshaw. 23 Mr. Emerson, if -- if there is to be a proposed change to the 24 existing order, is there a requirement that we hold a public 25 hearing to give notice of the hearing, et cetera? 4-27-09 27 1 MR. EMERSON: There is, Judge, but I think the 2 Court's already held a public hearing. If I'm not mistaken, 3 it was six weeks ago, maybe? 4 COMMISSIONER OEHLER: Yeah. 5 MR. EMERSON: Which nobody showed up to speak at 6 that time. 7 COMMISSIONER OEHLER: They didn't, and it was my 8 fault that Ms. Crenshaw didn't get a call, so I have to 9 apologize for that, but we did hold a public hearing. 10 JUDGE TINLEY: My concern was there wasn't a 11 specific proposed change or new order that was laid out 12 for -- for the public's consideration. I think that's my 13 concern. 14 COMMISSIONER BALDWIN: And it's still not. 15 COMMISSIONER WILLIAMS: That's correct, Judge. 16 There was nothing. 17 COMMISSIONER OEHLER: We could -- we could propose 18 one, and then if you want to have a public hearing, I have no 19 objection to doing -- however is the right way, correct way 20 to do it. But my understanding, we could do this with a 21 public hearing and amend it at will. 22 COMMISSIONER WILLIAMS: Seems to me that if we're 23 going to do a public hearing, we need to tell -- advise the 24 public exactly what part of this order we're going to change, 25 and to what extent. 4-27-09 28 1 COMMISSIONER OEHLER: Right. 2 COMMISSIONER WILLIAMS: So that they can digest the 3 language and make a decision as to whether or not they wish 4 to come and be supportive or against it. And we haven't done 5 that. We had what we called a public hearing, but we didn't 6 have any proposed language. And I -- you know, I think your 7 comments earlier, Commissioner, were good. We have an order 8 on the books, and to some extent, it would appear that we 9 haven't enforced what we already have. And it seems to me 10 that we -- we try hard not to do this, but whether it's 11 commissioners court or any other governmental agency, we tend 12 to pile law on top of law on top of law on the same topic, 13 and first thing you know, you got a stack of laws and nobody 14 knows what's what, and you don't get anything enforced. So, 15 if we're going to make a change, I'd like to let the public 16 know exactly what it is and give them the proper notification 17 so that they can come and express themselves. 18 COMMISSIONER OEHLER: Yeah, no objection to that 19 whatsoever. I think it's only fair and right to do so. And 20 if I were to propose a change, it would be to -- to 21 grandfather the ones that are already here, and legally 22 housed according to the state regulations, and then ban any 23 further animals like that to reside in the county. None 24 could come in after that. 25 COMMISSIONER WILLIAMS: And might I offer one other 4-27-09 29 1 suggestion? If we're going to make a change in this 2 particular court order in the section on dangerous wild 3 animals, then -- and if there's any deficiency in the area 4 with respect to impoundment right now, we need to examine 5 that and make it stronger in terms of what we expect of our 6 Animal Control people and what we expect of impoundment. 7 Instead of just saying, "Well, go out and enforce what you 8 got," let's take a look at it. 9 COMMISSIONER OEHLER: Yeah. 10 JUDGE TINLEY: Would it be appropriate for there to 11 be specific -- a specific change or changes to be proposed 12 and then brought to the Court requesting a public hearing on 13 those specific -- that specific change or changes? 14 MR. EMERSON: Yes. 15 JUDGE TINLEY: Would that be the appropriate 16 procedure? 17 MR. EMERSON: Yes. 18 JUDGE TINLEY: Okay. 19 COMMISSIONER OEHLER: That could be done. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: Be more than happy to do so. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER OEHLER: And then, at that time, we 24 can have a -- set a public hearing, and then -- then decide 25 whether we want to leave it alone or whether we want to adopt 4-27-09 30 1 the changes. 2 JUDGE TINLEY: Exactly, sure. First you need to 3 get the changes crafted that are going to be proposed, and 4 then bring -- 5 COMMISSIONER OEHLER: The County Attorney and I 6 will work on that. 7 JUDGE TINLEY: Good enough. Anything further on 8 that? 9 COMMISSIONER OEHLER: Not that I know of. 10 JUDGE TINLEY: Let's move to Item 3; consider -- a 11 presentation of the County Treasurer's monthly report from 12 March 2009 to Commissioners Court. Report's for the Court's 13 examination and acceptance. Ms. Williams? 14 MS. WILLIAMS: Good morning. Okay. I believe each 15 of y'all should have a copy of my March Treasurer's report, 16 and if there are any questions, I will do my best to answer 17 them. 18 JUDGE TINLEY: Any questions for Ms. Williams on 19 the March 2009 monthly report? 20 COMMISSIONER LETZ: Move we accept the monthly 21 report as presented. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Question or discussion on the motion? All in 25 favor of the motion, signify by raising your right hand. 4-27-09 31 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. We'll go to 5 Item 4; acknowledge receipt of the quarterly investment 6 report from Patterson and Associates for the quarter ending 7 3-31-09. Again, Ms. Williams. 8 MS. WILLIAMS: Okay. I did present a copy of the 9 quarterly investment report to Jody for the Court's -- 10 perusal, I guess, best as I can come up with. If there are 11 any questions -- I mean, it's kind of self-explanatory. 12 Everything is just kind of in the toilet right now. 13 COMMISSIONER WILLIAMS: In the tank. 14 MS. WILLIAMS: Yeah, that too. 15 COMMISSIONER LETZ: I move we accept the quarterly 16 report as presented. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE TINLEY: Motion made and seconded to accept 19 the quarterly investment report. Question or discussion on 20 the motion? 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 COMMISSIONER LETZ: That means we're not making 4-27-09 32 1 much money. 2 JUDGE TINLEY: You're right, Jon, we're not making 3 much money. But -- 4 MS. WILLIAMS: Thank you. 5 COMMISSIONER LETZ: Better than losing money. 6 JUDGE TINLEY: That's right. We'll go to Item 5; 7 consider, discuss, and approve amending Court Order 31256 for 8 the extension of depository contract between Security State 9 Bank and Kerr County to include the funds under Local 10 Government Code Chapter 117. Ms. Pieper? 11 MS. PIEPER: Gentlemen, last week when this was 12 presented, it just stated that -- for the Chapter 116, which 13 I believe is the Treasurer's funds, but I would also like to 14 include the County and District Clerk funds under Chapter 15 117. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. Question or discussion? All in favor of the 20 motion, signify 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: That motion does carry. We'll move 25 to Item 6; consider, discuss, and take appropriate action 4-27-09 33 1 regarding presentation of the Kerr County six-month 2 financials for fiscal year '09. Ms. Mabry? 3 MS. HARGIS: Actually, it's me. We're going to put 4 it up on the screen for y'all. You got a PDF of it. It's 5 very large, so I thought we'd put it up like we did the 6 budget and go through any questions, if any of you have any 7 particular questions that you want to address. 8 COMMISSIONER WILLIAMS: Can you turn that thing, 9 John, a little bit? Is this on our computer also? 10 MS. HARGIS: It should be. We've got a PDF of it. 11 COMMISSIONER BALDWIN: A PDF that you can't read. 12 MS. HARGIS: You can go in Incode, just like we 13 have before, and we can show you how to do that if you'd 14 like, 'cause I think it would be easier. 15 (Low-voice discussion off the record.) 16 JUDGE TINLEY: Appears that we got problems coming 17 on our Court-appointed attorneys and Court-appointed services 18 in the County Court at Law. 19 MS. HARGIS: Mm-hmm. 20 JUDGE TINLEY: And 216th. 198th looks okay for 21 now. 22 MS. HARGIS: Right. 23 JUDGE TINLEY: That's what I'm reading. 24 MS. HARGIS: Yeah, the 216th, because of them 25 trying to clear the docket, I think we've had more 4-27-09 34 1 Court-appointed attorneys to try clear the docket. I think 2 this is part of them trying to clear the docket, so we're 3 seeing these expenses for the attorneys sooner than we had 4 before. And having spoken with the D.A. for the 216th, he 5 expected those to be pretty high, even in the month of April, 6 because they had an awful lot of trials that went for several 7 hours in March, and so, therefore, you know, we're going to 8 end up having a problem there. We tried to budget as high as 9 we could in those areas, based on prior year. But I think -- 10 we have a new judge, and we didn't really know what he was 11 going to do at this stage of the game, and he's trying to do 12 what -- what I think y'all asked him to do. And that's 13 always one of our -- our -- and I've only been here -- this 14 is my second year to go through this, but from what I can 15 see, that's always an area that we tend to have a little bit 16 of problems with. The civil Court-appointed attorney, we're 17 at 42 percent. And the Court-appointed at 402, we're at 18 30 percent, Judge? Yeah, we only have 30 percent left in 19 that line item. We should be at 50 percent on most of your 20 line items. If you're -- if you're at -- if you're over 21 50 percent, like 55, 60, then we're in good shape. If you're 22 under 50 percent, that's where -- so we're actually -- we 23 really don't have but 30 percent left in that line item, and 24 I don't know what the bills are going to be for this month 25 and whether it's going to eat into that. I'm sure that it 4-27-09 35 1 is. 2 COMMISSIONER WILLIAMS: Which page are you on on 3 the screen up there? 4 MS. HARGIS: Page 18. 5 MS. MABRY: 18. 6 JUDGE TINLEY: Actually, you should actually be 7 more than 50 percent because of the way they accrue. We 8 won't get the bills for the first six months until on into 9 the seventh month. 10 MS. HARGIS: That's what I -- 11 JUDGE TINLEY: Maybe even a little bit after, so -- 12 MS. HARGIS: That's what I mentioned. The bills 13 for March have not come in yet, so really, you're looking at 14 five months here for those particular bills. We probably 15 have about two more months there, and -- and then we might -- 16 we're going to have to discuss how we're going to do that. 17 In the 198th, again, you're okay; you're at 53 percent and 18 69 percent, so those are -- those are running okay. 19 COMMISSIONER LETZ: But the 216th, anyway, 20 Court-appointed services is under, and there's a fair amount 21 of money there. So -- 22 MS. HARGIS: We could use that. 23 COMMISSIONER LETZ: I mean, that's not going to get 24 us to the end of the year necessarily, but at least there's 25 something internally in that one budget. 4-27-09 36 1 MS. HARGIS: Well, and we haven't used anything for 2 the Special District Judge. I think -- I know Judge Ables 3 has been here quite a bit. I don't know if he's charging. 4 COMMISSIONER WILLIAMS: There's something in the 5 bill list today, is there not? 6 JUDGE TINLEY: Mm-hmm, there is. 7 MS. HARGIS: So -- 8 COMMISSIONER LETZ: All right. 9 MS. HARGIS: But he has been here a lot. In fact, 10 I've seen him more now than I did before. 11 JUDGE TINLEY: Do you know who handles the 6th 12 Administrative District assignments fund for judges? Do 13 you -- 14 MS. HARGIS: No, I haven't -- no, I have no 15 jurisdiction over that. It's my understanding that his staff 16 on that is -- Judge Ables is over the 6th District. Becky 17 Henderson does clerical work, and Tommy, my predecessor, does 18 the accounting work for that, so I have no knowledge of that. 19 JUDGE TINLEY: 'Cause I know there's some funding 20 available for the 6th Administrative Region. 21 MS. HARGIS: Which they divide up. And I think 22 he's been, you know, trying to use some of that, but they 23 have to divide that amongst the region, and I think Becky 24 talked about that during the budget period. It's like 25 first-come, first-served type of a situation. If so, I mean, 4-27-09 37 1 we can ask them. Because, again -- 2 JUDGE TINLEY: I'd be interested to know what -- 3 what Kerr County has utilized from that fund, and what's 4 available there. 5 MS. HARGIS: Okay. 6 COMMISSIONER BALDWIN: I think -- I think it was 7 said that some of that's going to be available for our jail 8 issue, visiting judge in our jail issue as well. 9 JUDGE TINLEY: That's part of the reason I -- 10 COMMISSIONER BALDWIN: Yeah. 11 JUDGE TINLEY: -- I'd like to have the benefit of 12 that information. 13 COMMISSIONER BALDWIN: Yeah. 14 JUDGE TINLEY: I knew there was a fund for -- the 15 Legislature quit just carte blanche funding visiting judges. 16 COMMISSIONER BALDWIN: Right. 17 JUDGE TINLEY: And they created a pool within each 18 administrative district or region, and Judge Ables has 19 control over that, but he tries to allocate it out. I was 20 not aware of the total amount of when it got used, if it got 21 used, how much got used, how much we use or how much we might 22 realistically have available on a pro rata basis. That's the 23 information that I -- 24 COMMISSIONER BALDWIN: I'd like to see it as well. 25 JUDGE TINLEY: Yeah. 4-27-09 38 1 MS. HARGIS: Okay. I made a note of that; I will 2 get that information to y'all. 3 JUDGE TINLEY: Okay. 4 MS. HARGIS: And, again, we talked about the 198th. 5 If you're trying to see what fund you are in, it's in the 6 upper left-hand corner under where it says General Fund. 7 Then right under that is the name of the -- of the particular 8 department. Most of the departments are fine. The -- the 9 one that -- and Rusty's not here, but one of his areas is the 10 overtime line item that we talked about, in lieu of paying 11 them comp time. So, we may have to go back to a little bit 12 of comp time towards the end of the year on his situation, 13 because he is going to go over that, and we are moving that 14 around. His meals and the food have become a little bit of a 15 problem on that. 16 COMMISSIONER WILLIAMS: What page are you on now? 17 MS. HARGIS: Um -- 18 COMMISSIONER LETZ: 36. 19 COMMISSIONER WILLIAMS: 36? 20 MS. HARGIS: Right. Right now, he's okay. We 21 moved some money around with some budget amendments last 22 time, but we are watching that. 23 COMMISSIONER LETZ: Prisoner medical is 24 substantially under budget. Is that largely due to the 25 indigent health care work we're doing? 4-27-09 39 1 MS. HARGIS: No, it's because of that contract that 2 we have, remember? 3 COMMISSIONER LETZ: Oh. 4 MS. HARGIS: And that is really saving us a lot of 5 money. And we're only six months into it, but so far, so 6 good. Yes, the indigent health care is helping there, 7 because we're not putting them on. The big thing is the 8 drugs. Remember, that was part of the problem, and they 9 dispense the drugs through that company, and so that's saving 10 us quite a bit of money. 11 JUDGE TINLEY: The prisoner medical, Line Item 333, 12 is for the excess that we're obligated for over and above the 13 contract, according to my understanding. 14 COMMISSIONER LETZ: Right. 15 MS. HARGIS: Yeah. We had some -- remember, there 16 was a deductible kind of like our insurance, and we had to -- 17 we had -- you know, if we go over that, then we have to pay 18 the difference. 19 COMMISSIONER BALDWIN: Judge, I think it would be 20 appropriate -- I'd like -- if we're six months into this 21 particular program, I think it would be appropriate to have a 22 little report on that, to have a discussion about that. 23 COMMISSIONER LETZ: Yeah. 24 JUDGE TINLEY: Are you talking about the new 25 program at the jail, the contract? 4-27-09 40 1 COMMISSIONER BALDWIN: Yes. 2 JUDGE TINLEY: Health care? 3 COMMISSIONER BALDWIN: I think, 'cause that's some 4 interesting stuff there. 5 COMMISSIONER LETZ: Big dollars, too. 6 COMMISSIONER BALDWIN: Big dollars. 7 MS. HARGIS: Yeah, it was 240,000. 8 COMMISSIONER BALDWIN: Well, that's a drop in the 9 bucket. 10 MS. HARGIS: It's much better than -- it's much 11 better than it has been so far. So, again, Rusty tells me 12 he's very pleased with it, and we haven't had any 13 conversations, you know, that -- that warranted that he was 14 concerned about excess funds in that particular line item. 15 JUDGE TINLEY: He's pleased with the administration 16 of it and how they're performing out there? 17 MS. HARGIS: So far. He may have some other things 18 that he would like to share with y'all. We only talk about 19 the money side of it. 20 COMMISSIONER BALDWIN: Well, I wasn't exactly 21 asking him to give us a report; I'd rather have you do it. 22 If we can keep him out of here, it would be -- 23 MS. HARGIS: Because I talk fast? I think most of 24 the other departments are -- are being very frugal. The one 25 thing that I think is -- is becoming a problem for some of 4-27-09 41 1 them is that we cut back -- most everybody cut back on their 2 travel and their conferences, and that is becoming a real 3 problem, because several them have new people. They need to 4 go to the conferences; some of them need them for their 5 licenses and so forth, and so when they cut back, they 6 weren't thinking. So -- and in this next budget period, in 7 their notes, I think they need to look at all the 8 conferences, how many people that they need to send, how many 9 need to be licensed and so forth. The other area that I 10 would like to see maybe a change on, and it kind of came up 11 when we did the certification for the folks in the Animal 12 Control, is I believe that's a good program, but we need to 13 budget somehow for that, especially like in the jail and in 14 the Sheriff's Department. We have, I think, 15 people who 15 are eligible, maybe, and only two have gone. But we could 16 have had all 15. So, we -- we need to kind of maybe do an 17 average and budget that money so that if they do go, we have 18 it available. Because we can't just put it in their line 19 item, 'cause we don't know if they're going to go, and that 20 inflates his budget. But we need maybe -- it's my 21 understanding years ago, you had a line item for 22 certification pay, and I think that would be better than 23 budgeting for them going, and then they don't go. 24 COMMISSIONER LETZ: Can't we put that under 25 Nondepartmental? 4-27-09 42 1 MS. HARGIS: We could. 2 COMMISSIONER LETZ: One pool of money? 3 MS. HARGIS: We could. 4 COMMISSIONER LETZ: That way it's a lot easier. 5 MS. HARGIS: Okay, but I do think it needs to be 6 budgeted. 7 JUDGE TINLEY: Ms. Hargis, on training and -- and 8 obtaining these certifications, there are more and more of 9 those types of programs -- 10 MS. HARGIS: Yes. 11 JUDGE TINLEY: -- that are available online, or 12 they're available via interactive video teleconferencing. 13 That's another one of the advantages to having a good, 14 full-blown video teleconferencing hookup where you can save 15 some money and create some efficiency. I think we need to 16 seriously consider looking at that. There are more and more 17 employers in the private sector that are doing things that 18 way. There are more and more in the government sector. I 19 think you'll find that the Extension Service is going to it 20 pretty heavily now with -- with video teleconferencing. So, 21 you know, if you can avoid the travel, if you can avoid the 22 lodging cost, you can avoid the meal cost, those are the 23 things that run it through the roof. 24 COMMISSIONER BALDWIN: Mm-hmm. 25 JUDGE TINLEY: A lot of times, the -- the 4-27-09 43 1 registration or buy-in is considerably reduced also for those 2 kinds of events, and -- and you can create a lot of 3 efficiencies with that, and we need to look at that a whole 4 lot stronger, in my opinion. 5 MS. HARGIS: Well, we have -- well, there's not 6 that many folks on Incode, but those of us that are on 7 Incode, we bought that $1,000-a-year student training, and 8 those of us that are on Incode, and my staff especially, 9 we're going to those webinars, and I'm having them listen to 10 those in between when, you know, they finish their work 11 and -- and so that they understand the different ones. And 12 that's working out really well. Eva's department, Mindy, all 13 of us are using that now. I don't know -- I'm not 14 knowledgeable on the training seminars, of whether they're on 15 webcast from the other departments. We'd have to find that 16 out. But, you know, I think that's something to be looked 17 at. 18 COMMISSIONER BALDWIN: I can tell you this; that if 19 I can meet the standards of the state sitting in this room, 20 I'm here. I'm not going anywhere else ever again if we can 21 do that. 22 MS. HARGIS: The only other department that -- that 23 we need to look at, and you're going to get a report from him 24 anyway, but that is the Juvenile Detention Center. And I 25 want to kind of talk about that one, because I'm not as 4-27-09 44 1 concerned as I probably would be otherwise. In the Juvenile 2 Detention Center, we have been at capacity pretty much now, 3 and because of that, when we budgeted for food and for 4 housing them, we didn't budget for 100 percent occupancy. 5 However, we've been at 100 percent occupancy -- is Kevin 6 here? Kevin? He's not here yet? -- pretty much the whole 7 month of March and into April, so he's going to run out of 8 food money probably in the next two months. However, he is 9 also at about 75 percent of the revenue for the year already 10 through the month of March. So, what -- what I suggest we do 11 is that we will have enough revenue there that we did not 12 budget for that we can budget for and then put that back in 13 our food line item, so we'll be fine. He's way ahead on the 14 revenue because of having that many -- we had -- we had a lot 15 of Kerrville kids, but the last couple of weeks we had, like, 16 12 from other counties. And so, you know, that's bringing in 17 a lot of money. And we also pay ourselves, so he's way ahead 18 on his money in that regard, so I think we'll be fine. So, 19 if you looked at his, but he is going to run out of money for 20 food and other areas. I'm very disappointed, personally, 21 that we have that particular problem. I wish we didn't have 22 that many kids in there, but we do. 23 COMMISSIONER WILLIAMS: May I ask a question, 24 Ms. Hargis, aside from the juvenile side of it? I understand 25 what you're talking about. I'm looking at the Sheriff's 4-27-09 45 1 budget. I'm looking at particularly the line item on vehicle 2 gas and oil, and I see that as a result of what's taken place 3 in the marketplace, the Sheriff's expenditure on vehicle gas 4 and oil is -- he still has 77 percent of his budget 5 remaining, which means that he's 27 -- about 27 percent over 6 where he should be at this time of the year. The question 7 is, is that pretty well the case in other departments where 8 we got fuel? 9 MS. HARGIS: Pretty much. Keep in mind, though, we 10 only have five months. That's another five-month issue. 11 COMMISSIONER WILLIAMS: Okay. 12 MS. HARGIS: We had -- 13 COMMISSIONER WILLIAMS: Road and Bridge has 14 76 percent left. 15 MS. HARGIS: The only problem with Road and Bridge, 16 we don't want to get too anxious with them, is that -- and 17 Leonard is here. He uses a lot of gas in the summer months 18 doing -- doing the repaving. 19 JUDGE TINLEY: Sealcoat. 20 MS. HARGIS: So his is not as much of a good 21 picture, where the other departments, I think we have a 22 little bit better -- but keep in mind you're running one 23 month behind, 'cause we didn't get the March bill yet, so 24 those are going to be more -- closer, but they still are 25 over. Remember, we used -- we were conservative and we 4-27-09 46 1 actually brought it down, and so we're doing fine, but it is 2 also coming up. So, it fluctuates, but I would suggest we 3 hold onto that, and that's -- that's something that we can 4 use towards the end of, say, the last quarter. 5 COMMISSIONER WILLIAMS: I understand. I just 6 wanted to know across the board. 7 MS. HARGIS: I'm using that where I feel 8 comfortable using it, but Road and Bridge is not one where we 9 want to look at it right now. 10 COMMISSIONER WILLIAMS: Thank you. 11 MS. HARGIS: But that is also an area that we can 12 use. But because of some of the other line items being tight 13 in his, I'm not real -- again, Rusty's thinking he may go to 14 some comp time on that. Other than -- you know, other than 15 that, I think, again, we're doing really well for the first 16 six months. I'm pleased. We've had to move a little bit of 17 money around, but I think, all in all, we're doing well. 18 There's Kevin; I'm sure he'll talk about his situation. 19 COMMISSIONER LETZ: Jeannie, before you leave, I'm 20 on Page 69. 21 MS. HARGIS: Okay. 22 COMMISSIONER LETZ: Capital Projects, 2008. Are 23 those -- just help me understand that, what I'm looking at. 24 MS. HARGIS: Let me get to Page 69. 25 COMMISSIONER LETZ: 69. 4-27-09 47 1 MS. HARGIS: I don't have a Page 69. Are you in 2 Fund 16? 3 COMMISSIONER WILLIAMS: Yes. 4 COMMISSIONER LETZ: Yes, I'm in Fund 16. 5 MS. HARGIS: Okay. Mine are numbered -- because of 6 the different funds, they start over again. Okay. This is a 7 non-budgeted fund. This is a capital fund that you budgeted 8 when you began the fund. This is where we have the Ag Barn 9 and the windows, and we haven't spent the money there yet. 10 We also have some money left for our computer work, but 11 this -- this is your -- the loan that we got, that we have 12 had no activity in that so far other than putting actual 13 walls in the Ag Barn and so forth, and then doing the front 14 lawn. So, we're coming in under in a lot of those areas. I 15 wanted to make sure that we had all the bills in for six 16 months so that we can look at those and see, you know, 17 where -- where we have extra money. We have interest income 18 we might be able to use in some areas, and I have some 19 suggestions with that, but I wanted to see what the windows 20 came in at first, to see -- that's our big-ticket item. The 21 other big-ticket item is the Ag Barn. 22 COMMISSIONER LETZ: Where are windows on this one? 23 MS. HARGIS: The windows are under the courthouse. 24 COMMISSIONER LETZ: In that thirty -- 25 MS. HARGIS: That 16-675-563. And, again, there's 4-27-09 48 1 no budget in here, because you don't make a -- you made the 2 original budget and that's it, so it doesn't show up on this 3 statement. 4 COMMISSIONER LETZ: But -- okay, on the courthouse, 5 on 563 -- 6 THE WITNESS: Mm-hmm. We spent so far, 7 year-to-date, $34,040.81. 8 COMMISSIONER LETZ: That's on the electrical and 9 all the courthouse yard stuff? 10 MS. HARGIS: We're way under on that. Remember, we 11 had about 100,000 set aside for that. Tim has done an 12 excellent job on keeping all of the things that he had way 13 under budget, and we've even paved the road out here. 14 MR. BOLLIER: Mm-hmm. 15 MS. HARGIS: And so we're doing really well with 16 those funds, and we are earning -- 17 COMMISSIONER BALDWIN: If you can call that paving. 18 MS. HARGIS: Not a lot -- huh? 19 COMMISSIONER BALDWIN: If you could call that 20 paving. 21 MR. BOLLIER: Splattering. Splattering, 22 Commissioner. 23 JUDGE TINLEY: Sealcoating. 24 COMMISSIONER LETZ: Where's the -- I guess when we 25 did that project, we set aside -- 4-27-09 49 1 MS. HARGIS: 100,000. 2 COMMISSIONER LETZ: -- 500,000 for the Ag Barn 3 project. Where's that money in here? Where do I see that 4 sum? 5 MS. HARGIS: It's not going to show up in this 6 budget. I'll have to run you the original. 7 COMMISSIONER LETZ: Okay. I guess that's my 8 question, was why it wasn't -- 9 MS. HARGIS: Yeah. It's not, because it's -- it's 10 a one-time budgeted situation, and you don't -- it's -- 11 COMMISSIONER LETZ: It's there. These are things 12 that we're actively spending right now; we know how much it's 13 going to be. 14 MS. HARGIS: Right. 15 COMMISSIONER LETZ: All right. 16 MS. HARGIS: So, a capital budget is different from 17 your regular, and keeps rolling, so you have -- you budget it 18 one time. 19 JUDGE TINLEY: Any more questions on the six-month 20 financials? 21 COMMISSIONER WILLIAMS: Looks good. 22 JUDGE TINLEY: Thank you, ma'am. We appreciate it. 23 Let's go to our 10 o'clock item at this time. I will recess 24 the Commissioners Court meeting and I will open a public 25 hearing for the final revision of plat for Vistas Escondidas 4-27-09 50 1 de Cypress Springs Estates, Lots 128 and 129, and located in 2 Precinct 4. 3 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing was held in 4 open court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE TINLEY: Is there any member of the public 7 that wishes to be heard with regard to the final revision of 8 the plat for Vistas Escondidas de Cypress Springs Estates, 9 Lots 128 and 129, located in Precinct 4? Seeing no one 10 coming forward, I will close the public hearing for the final 11 revision of plat for Vistas Escondidas de Cypress Springs 12 Estates, Lots 128 and 129. 13 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was 14 reopened.) 15 - - - - - - - - - - 16 JUDGE TINLEY: And I will reconvene the 17 Commissioners Court meeting, and let's go to Item 7, if we 18 might. Presentation to review the insurance expense for 19 fiscal year '08-'09. Ms. Mabry? Ms. Hargis? 20 MS. HARGIS: Judge, before we go to that one, I'm 21 sorry, there is a point that I need to bring up on -- on the 22 budget that -- on the annual financials. 23 JUDGE TINLEY: Are we back on Item 6? 24 MS. HARGIS: Item 6. First of all, I wanted to 25 report to you that we did receive kind of a bonus from the 4-27-09 51 1 state of Texas. We had got a sales tax -- one-time sales tax 2 amount of $106,340. There was a $22 million airplane sold at 3 the airport, and we were the recipient of that -- of those 4 sales tax. We do have a letter from the State. Okay. The 5 other thing -- so that kind of increases, and we weren't 6 running that far behind, so if we did, that kind of takes us 7 over. The other thing that I was asked to remind you about 8 is the budget that we have on the airport, and that -- the 9 new one that is being submitted to us is probably 100,000 10 more or 120,000 more than we had last year. 11 JUDGE TINLEY: Total? 12 MS. HARGIS: Total. 13 JUDGE TINLEY: Okay. 14 MS. HARGIS: And -- and we have been asked for some 15 additional funds out of this year's finances for $200,000, so 16 I just wanted the Court to be aware of that. I haven't 17 heard -- but if you don't have copies of the budget that were 18 submitted on the airport from last year, I would suggest that 19 y'all review that. What we -- you know, we said we would do 20 with the City on that, both in the Animal Control -- you 21 know, we take over 100 percent of that this year, so there's 22 quite a bit of, you know, extra cost there that we need to 23 review. So, I did not have a chance to make a copy of all 24 this for y'all, but I will get it to you so you can review 25 that. 4-27-09 52 1 We did -- going back to Item 7, we did a little 2 Power Point presentation for you to try to explain the health 3 insurance to the best of our knowledge. We have used not 4 only the data that we collect in the financial statements, 5 but also Ms. Hyde and Ms. Williams have prepared kind of a 6 cumulative spreadsheet as well as a fiscal year-end 7 spreadsheet. We've kind of used that as a background. So, 8 if you'll kind of go with me, this is the -- you know, how 9 the money moves in the group insurance plan. Originally, 10 Ms. Hyde had asked for us to budget in a range of 275 11 employees; however, we don't have that many employees, so we 12 didn't budget but -- and then the insurance agent also gave 13 us another parameter, which was the ceiling that he wanted us 14 to use. In other words, the upper amount of money that they 15 felt we would use was 2,213,383. The floor, or the minimum 16 amount that they thought we would use, was 1,847,352. The 17 amount we chose to budget was 1,834,306. 18 We based this -- we had 264.5 active employees, and 19 at the time that we budgeted, we had 240 employees that were 20 actually on the roll. And rather than budget an additional 21 400,000, which would have been another penny and a half, I 22 used the 240, and then opted to use the money that we had in 23 the health reserve, which I had talked with Gary Looney, our 24 insurance agent at the time. The premiums and claims -- our 25 budget includes what we take from the employees' paychecks. 4-27-09 53 1 What we budget is based on that employee. We get additional 2 funds from dependent coverage, retiree payments, stop loss 3 reimbursements, and COBRA payments. Now, the significance of 4 that, I would like to -- to kind of stay -- when we had the 5 floor of a million, eight, Mr. Looney explained to me that 6 when he uses the floor for us to budget, that he anticipates 7 we will get that additional revenue to bring us up pretty 8 close to the ceiling, and that's the reason why he doesn't 9 suggest that we -- or didn't suggest this year that we budget 10 the ceiling. So, that's the reason why we budget the floor, 11 and then we use the money we get for dependent care coverage 12 and these other items to get to the -- to the ceiling. 13 Here are the current numbers. We've spent 14 $1,207,464.85 for the claims. The fixed costs, that's what 15 we pay to the carrier to do our work, 193,453.70, for a total 16 of 1,400,918.55. That's what we have spent through the 17 middle of April. We actually twicked this and actually knew 18 what we spent through that time period. The budget, again, 19 doesn't account for the dependents coverage of 136,348.50. 20 $20,070 was received from retiree payments. Employee leaves 21 of 322.50, COBRA of 1,557.15, and due to Eva's outstanding 22 work there, we have received back on our claims $261,055.38, 23 for a total that we actually spent out of our budget, 24 981,585.02. Now, we're guessing for the rest of the year -- 25 and Eva and I spoke a little bit about this. We've actually 4-27-09 54 1 spent 981. The budgeted amount so far through the middle of 2 April was 993, so we're a little bit under, not a lot. We 3 have a few more items that we -- we do pay out. We have a 4 little bit of interest income. We've transferred out $960 5 for COBRA, so it actually brings us to a total of 980,399.91. 6 We project that we will be at 1,809,969.09 as far as the 7 budget is concerned. This is the budgeted amount. This is 8 the projected amount and the difference. It's not a lot, but 9 it is under budget. In addition to that 24,000, the first 10 two months of the year, we tried actually transferring money 11 that was from positions not filled, and so we have a balance 12 in our reserve account of 102,704; that's actual cash sitting 13 there that we need to spend. So, we have $127,041 over and 14 above our budget to spend for insurance. 15 JUDGE TINLEY: You -- for positions that weren't 16 filled, but for which there were -- 17 MS. HARGIS: Budgeted funds. 18 JUDGE TINLEY: -- funds allocated in a budget for 19 health care costs for employees, you just slid that over into 20 a reserve account? 21 MS. HARGIS: We did. We sent it over to a reserve 22 account. You actually have a Fund 11 in your financials 23 today, and that Fund 11 is a health reserve account. It was 24 a -- very much of an accounting nightmare for the three of 25 us, and -- and was very difficult to monitor, so we're going 4-27-09 55 1 to try to come up with a different way of perhaps doing 2 something like that this next year. Because the only way 3 that the money is moved out of the budget line items is 4 through a -- an employee actually sitting in that seat and 5 actually being paid a salary. Otherwise, the budgeted money 6 remains in the line item. So, between Eva and Mindy and I, 7 we have some suggestions that we'll bring up at the current 8 budget as to ways we might get around that this year. 9 We are proposed to stay in budget, but that's a big 10 crystal ball. I don't know if we're going to have some more 11 really big claims. The trend that I've looked at is -- and 12 Commissioner Williams actually brought this up, I guess, a 13 couple of months ago; that at one point in time you did put 14 money into insurance, and I looked back, and in 2003-2004, 15 you actually did go over by $283,000, and it worked itself 16 down. And so there's a fluctuation on the insurance. What 17 we find is, we're on a calendar year for the insurance, so 18 what happens is October, November, and December, everybody 19 rushes to the doctor to get those claims done. In addition 20 to that, we had some really high claims in those months. It 21 is traditionally, from what I can see -- 'cause these books 22 only go back to 2003-2004. The trend in the summer is down. 23 Every year that I look at it, there's very -- the claims go 24 down significantly during the summer months. People are 25 traveling; you know, they don't want to go to the doctor. 4-27-09 56 1 You know, they're -- and so, therefore, we don't -- but it 2 picks back up again in September, because they know that it's 3 going to -- their calendar year's going to end, and kids go 4 back to school. I can't guarantee that we aren't going to 5 have another person have a major illness, and that's -- 6 that's a big crystal ball. You know, in the -- 7 COMMISSIONER LETZ: But even -- 8 MS. HARGIS: Go ahead. 9 COMMISSIONER LETZ: -- with major illness, it still 10 is $40,000 or 50,000. 11 MS. HARGIS: No, we went to 70,000. 12 COMMISSIONER LETZ: 70,000? 13 COMMISSIONER WILLIAMS: Stop loss of 70? 14 MS. HARGIS: We did, so that is actually 15 significantly increased. 16 MS. WILLIAMS: Sixty. 17 COMMISSIONER LETZ: Sixty? 18 MS. HARGIS: 60,000. I can't hear you. Even on 19 the phone, I have a hard time hearing. 60,000. So, that's 20 an additional 10,000 that we picked up on every claim. And 21 we have had about four or five major claims, so that means we 22 have $50,000 of that we wouldn't have had last year. 23 COMMISSIONER LETZ: Right. 24 MS. HARGIS: So that's something we might want to 25 look at again. I think that my suggestion, and you can do 4-27-09 57 1 what you will with it, is that we form a committee that we 2 didn't have last year of myself and Mindy and the Judge; we 3 meet with the insurance agent and come up with other, you 4 know, variables to present, perhaps, ways of putting it on 5 the books from different types of policies. Because we may 6 be coming to the point where it's cheaper for us -- and she 7 knows more about insurance than I do -- for to us buy a 8 policy that just pays a premium rather than take a stop loss. 9 We need to look at that kind of variable and see where we're 10 at. 11 COMMISSIONER LETZ: I like your wording on that, 12 but I think it needs to be a workshop. The whole Court needs 13 to be present for it. Insurance is such a big-ticket item 14 that I think we all need to be involved in that one. 15 COMMISSIONER WILLIAMS: I would prefer a workshop 16 on it. 17 MS. HARGIS: But we definitely -- 18 COMMISSIONER LETZ: But on those topics right 19 there, talk about what you mean. 20 COMMISSIONER WILLIAMS: What options are available. 21 COMMISSIONER LETZ: What other options, other than 22 what we have. 23 MS. HARGIS: Well, and what the cost is, and get 24 the preliminary -- we had a visitor. (Laughter.) What we -- 25 what we need to deal with. I mean, Commissioner Oehler's 4-27-09 58 1 right, this is a very big-ticket item, and it's something we 2 need to be very concerned about. And I hope that this has 3 helped some. I -- I would like to see it better than it is. 4 But I'm concerned that we're going to go over, even 5 totally -- totally, as far as all claims are concerned, we 6 probably will go over the ceiling. And there's -- you know, 7 there's really not any way I can predict that. Some years 8 you have good years, like the year before we didn't have but 9 one or two, and -- and so we were fine. We still have -- 10 but, you know, we have to -- my biggest problem last year was 11 we were giving huge raises; we were already going up 12 significantly on the tax rate. So -- 13 (A dog entered the courtroom.) 14 MS. HARGIS: I looked and I saw him, and I went, 15 "Oh." 16 COMMISSIONER WILLIAMS: He's coming to check on his 17 health care. 18 MS. HARGIS: Wanted to know how his health care was 19 doing. (Laughter.) Y'all didn't see it, did you? 20 (Discussion off the record.) 21 MS. HARGIS: They have health insurance for animals 22 now; a lot of people are getting it. 23 JUDGE TINLEY: Any possibility we could get a -- a 24 totally employee-funded supplemental for vet services added 25 to our -- to our grocery list? 4-27-09 59 1 MS. HARGIS: Anything you want, I'm sure we can 2 supplement. 3 COMMISSIONER OEHLER: Definitely need a stop loss. 4 MS. HARGIS: So... 5 JUDGE TINLEY: Any -- any questions for Ms. Hargis 6 or Ms. Mabry on the presentation? 7 COMMISSIONER WILLIAMS: Given the imponderables of 8 health insurance each year and the unknowns, I think for a 9 six-month report, this is pretty good. 10 JUDGE TINLEY: Thank you, ma'am. We appreciate 11 that. Let's move to Item 8; consider, discuss, and take 12 appropriate action on approval of audit reports for Kerr 13 County Justice of the Peace Precincts 1 through 4. 14 MS. MABRY: Good morning. I conducted the audits 15 of J.P.'s 1 through 4. The audit period is last fiscal year, 16 so it ended 9-30-08. Just a few items. They all did really, 17 really well and were very welcoming to me, and I do 18 appreciate their cooperation with everything. There were a 19 few issues. Most of them were corrected immediately, such as 20 security of cash funds. It's just a few internal control 21 issues that were -- that were corrected immediately. There 22 were very few clerical errors, very few major issues, and all 23 of these things were either corrected then or will be 24 corrected by the next audit period. 25 JUDGE TINLEY: Any questions on the audit reports 4-27-09 60 1 for the J.P.'s? Thank you, ma'am. We appreciate your 2 report. 3 MS. MABRY: Thank you. 4 JUDGE TINLEY: Oh, you got a question? 5 COMMISSIONER LETZ: No, I like them. They're good. 6 I like the way -- the format of the report. 7 JUDGE TINLEY: Let's move, then, to Item 9; 8 consider, discuss, and take appropriate action on the annual 9 audit of Chapter 19 Voter Registration funds for the period 10 October 1, 2007 through February 28th, 2009. Ms. Hargis? 11 MS. HARGIS: This is one of the -- of the first 12 audits that we were doing on Diane's office, because she has 13 several different departments under her authority. 14 (Commissioner Baldwin left the courtroom.) 15 MS. HARGIS: This particular one is Voter 16 Registration funds that she receives to offset some of her 17 voter registration costs. And I have given you a background 18 on this, because I don't know that you've seen this before, 19 and the scope of the work and what we did. We found 20 everything to be pretty much in order. We made a few 21 suggestions for the future, to be even more organized than 22 they already were. I found the internal control to be -- to 23 be very good, and I'm looking forward to working with them 24 again on the next one, which will be the vehicle side of her 25 department. Any questions? 4-27-09 61 1 JUDGE TINLEY: Is there a need for us to actually 2 approve this report? 3 MS. HARGIS: No. This -- as you can see, and I do 4 want -- and Diane wants me to be sure to point out to you, 5 this particular fund, voter registration, is under her 6 purview and is under her direction and her budgeting, and you 7 have no authority over that. But I do feel that you needed 8 to know that it was being taken care, of as well as the 9 taxpayers, so that's the only reason we audited it. 10 JUDGE TINLEY: So, it's presented as an 11 informational item? 12 MS. HARGIS: That's it. 13 JUDGE TINLEY: Thank you. Any questions for 14 Ms. Hargis on that matter? 15 COMMISSIONER WILLIAMS: No, thank you. 16 JUDGE TINLEY: Let's proceed to Item 11, if we 17 might; consider, discuss, and take appropriate action for 18 acceptance of the final revision of plat for Vistas 19 Escondidas de Cypress Springs Estates, Lots 128 and 129, and 20 located in Precinct 4. 21 MR. ODOM: Yes, sir. 22 JUDGE TINLEY: Mr. Odom? 23 MR. ODOM: Thank you, Judge. Mr. Nelson owns Lots 24 128 and 129 and desires to combine these lots into one lot, 25 128R. This revision of plat, again, is in Precinct 4. At 4-27-09 62 1 this time, we ask the Court to accept the final revision of 2 plat for Lots 128 and 129 Vistas Escondidas de Cypress 3 Springs Estates. 4 COMMISSIONER OEHLER: So moved. 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER WILLIAMS: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval of the agenda item. Question or discussion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. We'll move 14 to Item 12; consider, discuss, and take appropriate action to 15 release the Western Surety Bond Number 70271788, and accept 16 the C.N.A. Surety Bond Number 0601-70271788. I'm puzzled as 17 to why the same number follows the C.N.A. surety prefix. 18 MS. HOFFER: I don't know; that's how it was 19 written. 20 MR. ODOM: I'm not sure. I don't know. 21 MS. HOFFER: I don't know. That's how it was 22 written on the paperwork. 23 JUDGE TINLEY: Actually, the C.N.A. number is 0601? 24 MS. HOFFER: Yeah. I don't know if they did the 25 second as a reference to -- 4-27-09 63 1 MR. ODOM: To the first. 2 MS. HOFFER: -- the first one. I don't know, but 3 that shows how it was written. 4 MR. ODOM: Megan Manor is a subdivision that was 5 platted in the '80's but never built until a couple of years 6 ago. Kevin Spraggins did the engineering for Vordenbaum for 7 Nava Development, Limited. They would like for Misty Lane to 8 be a County-maintained road. Wayne Wells did an inspection 9 February the 25th of '08 and noted five deficiencies. These 10 items have to have been completed to county specs as of March 11 the 26th of '09. 12 (Commissioner Baldwin returned to the courtroom.) 13 MR. ODOM: At this time, we ask the Court to 14 release the Western Surety maintenance bond and accept a 15 C.N.A. security bond for $25,086. This new security bond 16 would be good until March the 26th of 2010. 17 COMMISSIONER WILLIAMS: That's sufficient to cover 18 the work that remains? 19 MR. ODOM: Yes, sir. 20 COMMISSIONER WILLIAMS: Move approval. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval. Question or discussion? All in favor of the 24 motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 4-27-09 64 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's move 4 to Item 13; consider, discuss, and take appropriate action to 5 release the Letter of Credit for Ranches of Sunset Ridge, and 6 accept a maintenance bond for a year to finish the remainder 7 of items to be completed, same located in Precinct 3. 8 Mr. Odom? 9 MR. ODOM: Yes, sir. The Ranches of Sunset Ridge 10 have a Letter of Credit Number 221, for $313,735 that expired 11 on the 26th of March of this year. Wayne did a maintenance 12 inspection on January the 14th of '09. He noted several 13 deficiencies. We are asking the Court to release the 14 original letter of credit and accept the maintenance bond 15 5050114 for $88,681.28. Maintenance bond would be good for 16 one year and would expire on April the 15th, 2010. At this 17 time, we ask the Court to release the Letter of Credit 221 18 and accept a maintenance bond 505114 for one year. 19 COMMISSIONER WILLIAMS: Is this the subdivision on 20 the end of Wilson Creek Road? 21 COMMISSIONER LETZ: Yes. 22 MR. ODOM: Yes, sir. 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded for 4-27-09 65 1 approval. Question or discussion on the motion? Mr. Odom? 2 MR. ODOM: Yes, sir? 3 JUDGE TINLEY: Are there some deficiencies that 4 need to be accomplished on the original requirements for the 5 subdivision? 6 MR. ODOM: That is correct. 7 JUDGE TINLEY: Is that the reason for the 8 maintenance -- 9 THE WITNESS: That's right, sir. 10 JUDGE TINLEY: As to those items that are going to 11 -- that should have been completed before the maintenance 12 bond was put in place, then, you're not going to get a 13 one-year maintenance bond on those items, but some period 14 less than. 15 MR. ODOM: It will be -- if they accomplish what 16 they are -- the deficiencies, then we will go out and we'll 17 take a look at and release that bond, and we will accept it 18 for maintenance. But we've come to the Court. These people 19 have drug their feet. They haven't done the deficiencies 20 that were brought out, and so we're trying to get grass -- 21 one of the problems is 50 percent grass during the drought. 22 They didn't get anything, and we're just not -- there's some 23 other deficiencies too with each one, but this is something 24 that's come up. They've had an opportunity. We -- this is a 25 way to try to address this, or we will not accept it for 4-27-09 66 1 maintenance; I'll come back to the Court. 2 JUDGE TINLEY: But a maintenance bond -- and 3 correct me if my understanding is not correct. We take a 4 one-year maintenance bond when all the requirements are 5 completed to insure that they've been done properly, and that 6 one-year maintenance bond gives us the comfort zone that if 7 anything goes wrong within this initial one-year period after 8 completion, we can call on the contractor, and if the 9 contractor doesn't do it, or the developer, we can then call 10 on the surety -- on the bond. 11 MR. ODOM: Right, sir. 12 JUDGE TINLEY: Okay. So, if we take a maintenance 13 bond beginning today, the original requirements are not done 14 until, let's say, two months from now. We're only getting 15 ten months protection back on the maintenance bond as to 16 those items, correct? 17 MR. ODOM: Correct. 18 COMMISSIONER LETZ: Correct, but in this situation, 19 the deficiencies are not structural to the road, I don't 20 think. 21 MR. ODOM: No, they're not structural. 22 COMMISSIONER LETZ: The deficiencies are lack of 23 grass on the right-of-way and -- 24 JUDGE TINLEY: Okay. 25 COMMISSIONER LETZ: -- grooming and some other 4-27-09 67 1 things. 2 MR. ODOM: Grooming, not structural. The 3 infrastructure itself is well intact. It's just some other 4 minor things that need to be addressed. We've come to the 5 Court at this point. We've gone to the bonding company and 6 all, and the developer, whatever, has drug their feet, and we 7 just -- we gave an ultimatum; today was the day, and we got 8 our maintenance bond to that or we would not accept it for 9 maintenance. It was very simple to me. 10 COMMISSIONER BALDWIN: The maintenance bond does 11 run for one full year? 12 MR. ODOM: Yes, sir. 13 COMMISSIONER BALDWIN: Okay. 14 MR. ODOM: But if they get it complete, then we'll 15 go inspect it. At that point, then we'll come to the Court 16 and release it. 17 COMMISSIONER BALDWIN: Just like you do on all 18 maintenance bonds. 19 MR. ODOM: Just like all maintenance things. If 20 they don't do it -- and I would say by the 1st of September 21 on all of them. They've had more than ample time to get the 22 grass started, and if they don't do it, then it -- certainly, 23 we have that year, but I'll come to the Court probably in 24 September. 25 JUDGE TINLEY: Okay, you cleared up the issue in my 4-27-09 68 1 mind. I appreciate it. Any other questions or discussion on 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. We'll go to 8 Item 14; to consider, discuss, and take appropriate action 9 regarding changing positions within the position schedule 10 within Road and Bridge. 11 MS. HYDE: Mr. Odom came to me and asked me to help 12 him with this. It's real simple. We want to -- we want to 13 change a 14-1 to a 17-1; that's in Line Item 15-600-105, and 14 then flip it, a 17 to a 14-1 in 15-611-111, so that he can 15 redo his peoples. 16 JUDGE TINLEY: There's no budgetary impact? 17 MS. HYDE: No, sir. 18 MR. ODOM: No. 19 MS. HYDE: There's just a change in position, and 20 we would have to move it. 21 COMMISSIONER LETZ: What are the -- what are the 22 changes? 23 MR. ODOM: Changes is that I -- originally -- 24 COMMISSIONER LETZ: Not people, just positions. 25 MR. ODOM: Not people. I can't talk people. What 4-27-09 69 1 I have is a person in 600 in the office that I originally set 2 up for a 17-1 before it was hired. When the budget came out, 3 I had a 14-1 instead of the 17-1, and I had the 17-1 in the 4 611 budget. And I didn't hire all the slots that I had; they 5 were 14-1 slots, beginners, or someone that was starting with 6 our maintenance program. So, I filled the 611, and I still 7 have the money for the 14. I had to hire the 14 -- or she 8 was hired while I was out -- 9 MS. HYDE: Sick. 10 MR. ODOM: -- sick. 11 JUDGE TINLEY: So, what you're doing is moving from 12 your administration to your -- to your maintenance budget. 13 You're switching employees. 14 MR. ODOM: That's -- that's right. 15 COMMISSIONER LETZ: Switching positions. 16 MR. ODOM: Positions. 17 JUDGE TINLEY: Yeah. 18 MS. HYDE: That's it. 19 JUDGE TINLEY: Positions, not employees. 20 MR. ODOM: And the money is there. There's no 21 budget impact at all; it's there. 22 JUDGE TINLEY: Strictly internal to your 23 department. It's a management decision. 24 MR. ODOM: That's correct. 25 COMMISSIONER WILLIAMS: Move approval. 4-27-09 70 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion on the motion? 4 COMMISSIONER BALDWIN: It is an internal decision, 5 and there's no budget impact to this year's budget, but it 6 will impact them from now on. 7 COMMISSIONER LETZ: Not next year. 8 COMMISSIONER BALDWIN: Sure. 9 COMMISSIONER LETZ: 'Cause he got rid of -- went -- 10 a 14 went to a 17, and a 17 went to a 14. 11 COMMISSIONER WILLIAMS: Right. 12 COMMISSIONER BALDWIN: Just try and watch. 13 COMMISSIONER LETZ: Yeah. 14 JUDGE TINLEY: Resident soothsayer, do we have? 15 COMMISSIONER BALDWIN: Yes, sir. 16 COMMISSIONER WILLIAMS: He's got six months to 17 figure it out. 18 COMMISSIONER BALDWIN: Yeah. 19 JUDGE TINLEY: Okay. Any further question or 20 discussion on the motion? All in favor of the motion, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Gentlemen, 4-27-09 71 1 are we close enough to 10:30? Yes. I'm going to say we're 2 at 10:30 now, right on schedule, as we always are, and we'll 3 go to Item 15 and open the bids for courthouse windows and 4 distribute to appropriate personnel for review and 5 recommendation. 6 (Commissioner Williams left the courtroom.) 7 COMMISSIONER LETZ: Here you go, Judge. 8 JUDGE TINLEY: Okay, first bid that we have is 9 Dwain Cheeseman, e/b/a Wildwood Designs. Base bid, 10 stipulated sum, 244,935. Alternate 1, deduct 4,750.00. 11 Additionals, overhead and profit, 20 percent. 12 Next bid that we have is from Foxworth-Galbraith. 13 Stipulated sum, $234,400. Alternate 1, deduct 10,000. Bid 14 time, 60 calendar days. Overhead and profit, an additional 15 20 percent. 16 (Commissioner Williams returned to the courtroom.) 17 JUDGE TINLEY: The third bid that we have is from 18 White Construction. Stipulated sum, $420,220. Alternate 1, 19 deduct 7,500. Bid time, 180 calendar days. Additional 20 overhead and profit, 20 percent. 21 COMMISSIONER LETZ: Move we accept the bids and 22 refer them to Maintenance -- and, Judge, y'all were the two 23 that did this, didn't you? Weren't you and Tim -- 24 JUDGE TINLEY: Yeah, and -- and Peter Lewis 25 assisted with the specs and -- and some of the bidding 4-27-09 72 1 documents. I'd like him to be involved, too. 2 COMMISSIONER LETZ: That's -- I'll refer it to you 3 two. If y'all want, you can bring in whoever you want; 4 that's fine. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: I have a motion and a second as 8 indicated. Question or discussion on the motion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. That motion 12 does carry. Mr. Trolinger, I get the impression that yours 13 may be a matter of some length. Yes or no? 14 MR. TROLINGER: No. This is just to kick off the 15 matter. 16 JUDGE TINLEY: Okay. Let's quickly go to Item 16 17 before our recess; consider, discuss, and take appropriate 18 action to establish confidentiality agreements between 19 Information Technology and the offices served by Kerr County 20 Information Technology. Mr. Trolinger. 21 MR. TROLINGER: Thank you, Judge. There have been 22 some issues recently that -- that bring this to light. The 23 Sheriff has asked me to -- to explore a confidentiality 24 agreement with each office I.T., Information Technology, 25 serves. I'd like guidance from the Court on how to proceed. 4-27-09 73 1 I believe this can be an addendum to the Information 2 Technology policy, but the guidance that I need is the 3 wording. Should we go to the extreme where we have the FBI's 4 step-by-step, item-by-item callout of the issues? Or do we 5 have a more broad, lowest common denominator agreement, 6 something that might apply to Environmental Health that would 7 apply to all the offices? 8 COMMISSIONER BALDWIN: John, did you -- you said 9 that the Sheriff requested this? 10 MR. TROLINGER: I went to the Sheriff and talked to 11 him a little bit about it, and he brought this up. 12 COMMISSIONER BALDWIN: So you asked him to request 13 it, then. So, why would you want confidentiality agreements? 14 Tell me. Give me a reason. 15 MR. TROLINGER: Well, we've got criminal justice 16 information system which applies to a lot of the offices, and 17 that -- and that's a pretty good agreement that's in place 18 now, but I feel that I need to assure individual office 19 holders and department heads that the information that we 20 hold and access is confidential. We don't -- you know, 21 Information Technology takes that very seriously, that -- 22 COMMISSIONER BALDWIN: Like -- like the County 23 Attorney or the D.A. or the Sheriff? 24 MR. TROLINGER: Yes. 25 COMMISSIONER BALDWIN: Somebody like that? 4-27-09 74 1 MR. TROLINGER: Yes, sir. 2 COMMISSIONER WILLIAMS: What does that -- what does 3 that assure, if you're faced with a court order to -- to 4 provide information? 5 MR. TROLINGER: I don't understand. 6 COMMISSIONER WILLIAMS: What are you assuring in 7 that confidentiality agreement if you are faced with a court 8 order or a -- a law enforcement agency above and beyond the 9 Sheriff that's coming in looking for information? 10 MR. TROLINGER: I don't know. 11 COMMISSIONER WILLIAMS: Where does that place you? 12 COMMISSIONER LETZ: I guess -- 13 MR. TROLINGER: I don't know. That's -- that's why 14 I need help on actually drafting the agreement, to address 15 those concerns. 16 JUDGE TINLEY: Have you -- have you discussed this 17 at any length with the County Attorney? 18 MR. TROLINGER: Not specifically, no. But 19 definitely, you know, the County Attorney would be involved 20 -- I could see the County Attorney being involved, if it's 21 the Court's pleasure. 22 JUDGE TINLEY: I could too. 23 COMMISSIONER WILLIAMS: That's a good start. 24 COMMISSIONER LETZ: I guess my question -- I don't 25 understand why we need agreements between departments. I 4-27-09 75 1 mean, we make policy. If it's the policy that we don't share 2 the information, we don't share the information. 3 MR. TROLINGER: Okay. 4 COMMISSIONER LETZ: It's a termination type, you 5 know, violation to me if you do. And I think, to me, that's 6 the -- I mean, I don't want to get into a situation where 7 we're having contracts between departments. 8 COMMISSIONER BALDWIN: That's where my thinking was 9 going. 10 MR. TROLINGER: I see. 11 COMMISSIONER LETZ: To me, this is -- you just -- 12 we need to assure other departments that everyone's, you 13 know, keeping this information confidential. We need to 14 change our -- add it to our overall policy, to me, and then 15 -- and make it -- depends on if it's serious enough. If 16 they're in violation, automatic termination or something. 17 Or, you know, probably don't want "automatic," but 18 termination. 19 COMMISSIONER WILLIAMS: What does the I.T. policy 20 currently say with respect to confidentiality of data? 21 MR. TROLINGER: Good question. It's -- it's vague. 22 It does not specifically address the subject. 23 COMMISSIONER WILLIAMS: If it's vague, then let's 24 strengthen it rather than get into this interdepartmental 25 agreement type situation. 4-27-09 76 1 MR. TROLINGER: Okay. 2 JUDGE TINLEY: Yeah, that would be one of the 3 considerations, I would think, when you sit down and go over 4 this entire subject matter with the County Attorney. You 5 know, maybe the conclusion is we -- we may need to amend our 6 policy and forget about the agreement, or we may need both. 7 But my direction to you would be sit down across the table 8 from the County Attorney and tell him what you see are the 9 issues, and let him start getting his teeth into it. Come 10 back with a recommendation, and then bring it back to us. 11 MR. TROLINGER: Good. I will do that. I agree, 12 the I.T. policy can be strengthened, and hopefully some type 13 of sign-off that -- I.T. policy currently is not required to 14 be implemented. It's up to the department head or the office 15 head to implement the policy, and that might need -- that 16 might need strengthening also. 17 COMMISSIONER LETZ: I think the I.T. policy, once 18 it's adopted by the Court, every department's obligated to 19 follow it. 20 COMMISSIONER WILLIAMS: Right. 21 MR. TROLINGER: Okay, very good. 22 COMMISSIONER WILLIAMS: Exactly. It becomes the 23 order of Kerr County. 24 COMMISSIONER LETZ: If they get our money, they 25 follow our policy. 4-27-09 77 1 MR. TROLINGER: Very good. That answers that. 2 COMMISSIONER LETZ: And I phrase it that way 3 because there are some departments, such as the D.A.'s, 4 that -- you know, or Adult Probation, some of these other 5 departments that I'm not sure -- I mean, they're not under 6 our authority, but they do use our money. And if they use 7 our money, they're going to follow our policy, in my mind. 8 COMMISSIONER WILLIAMS: You got it. 9 COMMISSIONER LETZ: Also, after you visit with Rex, 10 you need to make sure this is coordinated, I think, through 11 Eva, because this is -- I.T. policy is part of our overall 12 policy. 13 MS. HYDE: I.T. policy was approved on June 14th of 14 2004. And y'all will get a chance to look at it today, 15 because you've got to get updates, and that's one of the 16 things that, although it's been approved, there's a little 17 ticker by it that we need to review it, and is it really what 18 we want? Because we're not really -- is it really what you 19 want? 20 COMMISSIONER LETZ: Well, certainly, our personnel 21 policy needs to refer to our I.T. policy, if it's not part of 22 it. I mean, they certainly need to refer to each other -- 23 MS. HYDE: It's in there. 24 COMMISSIONER LETZ: -- that way. 25 MS. HYDE: Otherwise, I got to make sure -- you 4-27-09 78 1 know if there are violations, and we're serious about people 2 violating it, that -- it's tied to that, 'cause that's what 3 the employees sign. 4 JUDGE TINLEY: Any other questions, comments for 5 Mr. Trolinger at this point? Let's be in recess for about 15 6 minutes. 7 (Recess taken from 10:38 a.m. to 10:56 a.m.) 8 - - - - - - - - - - 9 JUDGE TINLEY: Okay, let's come back to order, if 10 we might, from our recess. We'll move to Item 17; consider, 11 discuss, and take appropriate action to submit a 2009 TRRN 12 certification letter to AACOG in order to be eligible for any 13 2009 Homeland Security grants and allow County Judge to sign 14 same. 15 COMMISSIONER BALDWIN: So moved. 16 COMMISSIONER WILLIAMS: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor of the 19 motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. 24 COMMISSIONER BALDWIN: That's patience. 25 JUDGE TINLEY: Let's move to Item 18; consider, 4-27-09 79 1 discuss, and take appropriate action to change the date for 2 employee evaluations from May 25, 2009, at 1:30 p.m., to the 3 following day, May the 26th, 2009, at 1:30 p.m. Commissioner 4 Baldwin? 5 COMMISSIONER BALDWIN: Judge, thank you very much. 6 It's my understanding that May 25th is a holiday, so I don't 7 think we'll be here to do our duties and represent the great 8 taxpayers of Kerr County on that particular day. So, we're 9 going to have to -- and that's a regular meeting day, too, 10 isn't it? 11 COMMISSIONER WILLIAMS: Yes. 12 COMMISSIONER LETZ: Yes, it is. 13 COMMISSIONER BALDWIN: So we're going to move -- 14 move it to Tuesday, May 26th, at 1:30, the evaluations of our 15 employees. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor of the 19 motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. Let's go to 24 Item 19, six-month review of the Juvenile Detention Center. 25 Mr. Stanton? 4-27-09 80 1 MR. STANTON: Good morning. I understand I missed 2 the County Auditor's presentation, but -- 3 COMMISSIONER BALDWIN: Were you here? 4 MR. STANTON: No, sir. 5 COMMISSIONER BALDWIN: Well, you missed it, then. 6 MR. STANTON: I walked in right at the tail of it. 7 COMMISSIONER OEHLER: I guess you'd like one too, 8 being as you're going to do this. 9 MR. STANTON: Thank you, sir. 10 COMMISSIONER WILLIAMS: Have we changed the court 11 date also? Court date also to the 26th? 12 COMMISSIONER BALDWIN: No, I can't do everything 13 for y'all. 14 COMMISSIONER WILLIAMS: One for the clerk. 15 MR. STANTON: Basically, what you're looking at is 16 a breakdown of the -- our monthly totals for each month. As 17 far as the revenue is concerned. Comparing the '07 to '08, 18 the '07 -- what we did in '07-'08 is in the green columns. 19 And the white columns, '08-'09, is what we've done so far 20 this year. Right now, we're 27.81 percent ahead of where we 21 were at last year as far as on the billable days, and also on 22 the juveniles, we're about 27.86 above where we were at last 23 year as far as the number of kids that we're dealing with. 24 So far this year, we've billed out $235,260 to all the 25 counties that we contract with for services. And if we keep 4-27-09 81 1 going at the -- if we keep going at the rate that we're 2 going, the number down at the very bottom, the 470,520, 3 that's without counting April into it. In April, this 4 current month, the current -- yeah, April, that we're 5 currently in, it looks like we're going to bill out right at 6 $65,000 for the month of April, which will increase our 7 projected totals to around $514,525 in revenue. And I know 8 the big question is always, well, how much is Kerr County 9 paying and how much is the other counties paying? And this 10 is a breakdown of that. 11 COMMISSIONER OEHLER: Pretty good assumption on 12 your part. 13 COMMISSIONER BALDWIN: Kevin, let me ask a 14 question. How much is Kerr County paying and how much is the 15 other counties paying? 16 MR. STANTON: So far this year, Kerr County has 17 paid in $181,890. They've detained 213 juveniles, at a total 18 of 2,021 days. The surrounding contracting counties that 19 we've dealt with has -- has paid in $53,280. 20 COMMISSIONER BALDWIN: Have we even increased the 21 number of contracts in the last year? 22 MR. STANTON: We have, sir. Yes, we have. We've 23 increased the number of contracts, and we've also increased 24 the number of -- of kids that we're getting from the other 25 counties. Right now, this morning, when I left the facility, 4-27-09 82 1 we had 24 kids in the facility. 2 COMMISSIONER BALDWIN: Is that max? 3 MR. STANTON: Twenty-five is the max. We had 24 4 this morning. We've averaged -- for the month of April, 5 we've averaged 24 kids a day in the facility, and it's been 6 about a 60/40 split as far as Kerr County and the surrounding 7 counties for this past month. So, we are seeing a big 8 increase in the amount of juveniles we're receiving from 9 other counties. In fact, we got a phone call this morning. 10 I think Uvalde's taking a kid out and bringing a kid in; 11 they're just swapping spaces, 'cause they don't want to lose 12 their space. So -- 13 COMMISSIONER BALDWIN: Let me ask you a question. 14 As I look at the John Deere -- I can't get my mind off John 15 Deere tractors when I look at this thing. But you -- you 16 started your comments by, "If we keep going like we're going 17 today," then all these numbers are going to happen. And 18 we're operating at the max, basically. So, you think -- you 19 think that we're going to keep going with the 24 and 25 20 number? 21 MR. STANTON: No, sir. No. 22 COMMISSIONER BALDWIN: You don't think that at all? 23 MR. STANTON: The numbers that you're looking at 24 and the projected estimates are based on if you took the 25 first seven months that we've dealt with and divided that, 4-27-09 83 1 and then -- and then spread it out over the rest of the year, 2 that gives us an average of about 14 or 15 kids per day. 3 COMMISSIONER BALDWIN: I see, okay. 4 MR. STANTON: Out there. So, the projected revenue 5 that we're looking at, the $514,000, is -- is based on about 6 a 14- or 15-kid average. 7 COMMISSIONER BALDWIN: And, you know, I've always 8 been kind of curious; I know that -- well, I won't go there, 9 but is there a -- is there a seasonal thing with juveniles 10 and them getting into trouble? I mean, like, in the 11 summertime, are they sliding down Ingram Dam and smoking more 12 dope or what? 13 MR. STANTON: Well, if you look at the -- the John 14 Deere sheet, it -- 15 COMMISSIONER BALDWIN: Yeah. 16 MR. STANTON: If you look at '07-'08, and the 17 months are out to the side, and you can kind of look at that. 18 COMMISSIONER BALDWIN: Okay. 19 MR. STANTON: During June, July -- summer months, 20 it kind of decreases a little bit. 21 COMMISSIONER BALDWIN: Decreases a little bit? 22 MR. STANTON: Yes, sir. We go down a little bit 23 during the summertime, and we go down a little bit toward the 24 end of December and beginning of January, around 25 Christmastime we don't have quite as many kids. But, you 4-27-09 84 1 know, the funny part -- and we -- we have stayed really -- 2 and October of this year was a really big month, and then 3 March and April, these last two months, have really been. 4 We've never -- we've never billed out -- if you look on the 5 sheet, we've never billed out over $50,000 in a month, and 6 we're going to have back-to-back months of over $50,000 7 billables in the next two months. So, you know, hopefully 8 it'll stay high and like it is. It's a good thing and a bad 9 thing. I mean, we got more kids getting in trouble, but 10 it's -- our population's staying up. 11 COMMISSIONER WILLIAMS: How's your employment 12 situation, your J.D.O.'s? Are you okay? 13 MR. STANTON: Everything's fine. We haven't -- 14 we've lost one employee, I believe, this year, and we've 15 replaced him. It might have been last year, end of last 16 year. 17 JUDGE TINLEY: That's -- that's absolutely super. 18 COMMISSIONER BALDWIN: That's a miracle. 19 MR. STANTON: Yeah. We've got -- 20 JUDGE TINLEY: That's always been a tough 21 proposition for you. It's pretty high stress. 22 MR. STANTON: We've got a really great group of 23 people out there right now, and they're really dedicated to 24 the kids and really work hard with the kids and stuff. One 25 of the T.J.P.C. -- I know we love talking about them. One of 4-27-09 85 1 their mandates this next year, come September 1st, is that it 2 -- and this is not a big deal, but we have to report -- I 3 have to report to the governing board once quarterly, so I'll 4 be coming more than often -- more often than I have been, at 5 least once every three months to report. And they've got an 6 outline of different things like how many escape attempts 7 we've had, how many assaults on staff, those types of things, 8 that list of what we have to report to the governing board, 9 so I'll be preparing those. 10 COMMISSIONER BALDWIN: Who is the governing board? 11 MR. STANTON: You are. 12 COMMISSIONER BALDWIN: I am? 13 MR. STANTON: Yes, sir. 14 COMMISSIONER OEHLER: That's scary. 15 COMMISSIONER BALDWIN: Whew. 16 COMMISSIONER OEHLER: We're in trouble. 17 COMMISSIONER BALDWIN: Man. 18 COMMISSIONER WILLIAMS: Yeah. Scaring you? 19 MR. STANTON: And last, but not least -- and this 20 is just something for you guys -- it's a breakdown of the 21 counties. It's a breakdown of how many kids we've gotten 22 from each county, what -- what's projected for rest of the 23 year. The total detention days, the males, females, how many 24 felony referrals we've got. We've seen about a -- oh, about 25 a 23 percent increase of -- in felony referrals so far this 4-27-09 86 1 year, about a 31 percent increase in misdemeanor referrals 2 over the past year's -- last year, and then if you look at 3 the bottom, that's just a breakdown by county of how many 4 kids we've received, billable days, and how much we've billed 5 out for those counties. 6 COMMISSIONER BALDWIN: Is anybody -- any of these 7 counties slow to pay? 8 MR. STANTON: Maverick County was, but we haven't 9 really received too many kids from Maverick County any more. 10 That was the -- that was the one county that we were having 11 problems with, but we -- we've only received, I think, two 12 kids from them so far this year. 13 COMMISSIONER BALDWIN: That's Eagle Pass, Texas? 14 MR. STANTON: Yes, sir. 15 COMMISSIONER WILLIAMS: Uvalde seems to be a 16 frequent user of your services. 17 MR. STANTON: Yes, sir, we get a lot of kids from 18 Uvalde. Kendall County is increasing a little bit so far 19 this year. Llano. Llano's -- Llano's increased by over 20 200 percent from what they were last year. 21 JUDGE TINLEY: Any other questions for Mr. Stanton? 22 COMMISSIONER BALDWIN: Well, no, not from him, but 23 for you, probably. If -- the reason for my question of 24 counties not paying, wouldn't that be like if -- if we were 25 going to start feeling a financial crunch in Texas, 4-27-09 87 1 wouldn't -- wouldn't this possibly be one of the areas that 2 you might see it? That -- a county paying a little late, at 3 least, that kind of thing? 4 JUDGE TINLEY: Well, we've had that -- we've had 5 that issue in some other context where we have performed 6 services for other counties, and I know there's one fairly 7 recent instance where the County Attorney got into a dialogue 8 with -- with the Maverick County officials. 9 COMMISSIONER BALDWIN: Mm-hmm. 10 JUDGE TINLEY: Because of some difficulties. And 11 they've had a tough time, you know. They built a jail down 12 there, and based upon what they thought the feds had 13 represented that they were going to fill that thing up and it 14 was going to be a financial bonanza, and it hasn't turned out 15 that way. But, yeah, that -- and the other thing that you 16 see, this seasonal thing that you see in the summertime, 17 where -- where the usage of the detention facilities drops 18 off, is -- a couple reasons. Number one, the kids are out of 19 school, so you don't have truancy issues, one of the 20 components. Plus they're getting later on in their budget 21 year and they're starting to run out of money. 22 COMMISSIONER BALDWIN: Okay. 23 JUDGE TINLEY: And -- and because of financial 24 considerations, they don't -- they don't detain children. I 25 mean, we see that. Kevin's aware of it. He -- it's 4-27-09 88 1 something you see almost every year. Start of a new budget 2 year, fresh money, fresh state money that comes in, then they 3 start ratcheting back up. And it goes down at Christmastime. 4 Typical. 5 MR. STANTON: Yes, sir. As far as the expenditure 6 side of our budget and how that's going, we're right at 7 50 percent, from what I understand. So, we -- you know, we 8 should be even a little ahead of that, but because of the 9 number of kids that we've had in the facility, we've had to 10 increase our -- the amount of food we've had to purchase and 11 that kind of stuff. But I'm hoping that it balances out in 12 the end and we're able to stay within the -- in our 13 expenditure side of the budget also. I hope that we can do 14 that. The only thing that's going on out at the facility 15 that -- that some of you might be aware of and some don't, we 16 had a boiler issue in the old building that has -- has 17 decided it didn't want to work any more. You know, we're 18 going to have to look for guidance from the Court as to what 19 we want to do with that, whether or not we need to replace 20 that boiler in the old building, or whether we don't want to. 21 Tim told me that -- told me that it was going to be right at 22 $30,000 to replace that boiler in the old building. We did 23 get -- the only reason we use the old building is for washing 24 and drying of the clothes. We were able to install washers 25 and dryers in the new facility in the building that we're in 4-27-09 89 1 Thursday and Friday of last week, and the only issue we're 2 having with that is that we're still trying to figure out how 3 to vent the dryers correctly as far as getting them outside. 4 But I think we're going to work on that today and tomorrow, 5 and we'll get that taken care of. 6 COMMISSIONER WILLIAMS: There's no other purpose 7 for which that boiler was used in the old building now, with 8 it being shut down? 9 MR. STANTON: Right. It was just for the hot water 10 we were using for washing the clothing. 11 COMMISSIONER WILLIAMS: We may want to wait and see 12 what shakes out in Austin with something like that. 13 JUDGE TINLEY: That would be my thinking. 14 COMMISSIONER WILLIAMS: Good to see this thing 15 stabilized, Kevin. Thank you. 16 MR. STANTON: Thank you. I mean, we just take the 17 kids we get in from the counties, and so we're just -- we're 18 lucky that we're able to do that. But we've gotten a lot of 19 good comments as far as from other counties as far as us 20 being able to -- we've started helping the other counties as 21 far as with -- with physicals and dental appointments and 22 psychological assessments and those types of things, and they 23 seem to be really -- that seems to be a big draw for a lot of 24 counties, especially out-of-counties, because they have to 25 come and travel all the way here and pick their kid up and 4-27-09 90 1 take them back for their appointments and those types of 2 things, where we'll be able to transport them to our doctors 3 and then we just bill the counties for those services. So, 4 that's -- that seems to be a really big help to a lot of 5 counties, and I think that's only one of reasons they seem to 6 come back to us. 7 JUDGE TINLEY: Other transportation, what are we 8 doing there? 9 MR. STANTON: As far as? 10 JUDGE TINLEY: Are we transporting children? Are 11 we going to pick up children, or -- 12 MR. STANTON: No, sir. No, they bring -- they 13 bring them to us. The only transports we do for other 14 counties is -- is to and from doctor's appointments, and 15 those are local doctor's appointments and dental 16 appointments, yes, sir. The only other transport we do is 17 for Kerr County, itself, and we bring the kids to and back 18 and forth from court. 19 JUDGE TINLEY: Any more questions for Mr. Stanton? 20 Good job, Kevin. Thank you. 21 MR. STANTON: Thank you. 22 JUDGE TINLEY: We appreciate it. Let's move to 23 Section 4 of the agenda, if we could, please. Payment of the 24 bills. 25 COMMISSIONER WILLIAMS: Move we pay the bills. 4-27-09 91 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for payment 3 of the bills. Any question or discussion on the motion? 4 COMMISSIONER WILLIAMS: I have one question of the 5 Auditor, if you know. Page 17, under Indigent Health Care, 6 I'm just curious as to what the circumstances might be where 7 we would be doing hospital outpatient at the Hill Country 8 Memorial Hospital for $6,000 on indigent health care, as 9 opposed to maybe doing that here. That's my question. 10 MS. HARGIS: I can't answer that. I don't know 11 that we -- if they send them somewhere from here, they 12 transport them to another hospital, we end up paying, 'cause 13 we do -- 14 COMMISSIONER WILLIAMS: Mindy's got her hand up. 15 MS. WILLIAMS: There have been instances where it 16 may be an emergency situation that the -- the individual is 17 qualified for indigent health care; they're closest to that 18 hospital and they can't transport them over here, so they 19 just take them over there. 20 COMMISSIONER WILLIAMS: Thank you. 21 MS. HARGIS: But there's also procedures that we 22 don't do here, and they'll transport them to another 23 hospital. 24 COMMISSIONER WILLIAMS: Thank you. 25 JUDGE TINLEY: Any other questions? Comments? All 4-27-09 92 1 in favor of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Do we have 6 any budget amendments? 7 MS. HARGIS: No. 8 JUDGE TINLEY: Any late bills? 9 MS. HARGIS: No. 10 JUDGE TINLEY: Okay. I've been presented with 11 monthly reports from District Clerk and Constable, Precinct 12 3. Do I hear a motion that those reports be approved as 13 presented? 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded that the 17 indicated reports be approved as presented. Question or 18 discussion on the motion? All in favor, of the motion, 19 signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion does carry. Section 5 of 24 the agenda, reports from Commissioners in connection with 25 their liaison/committee assignments. Commissioner Letz? 4-27-09 93 1 COMMISSIONER LETZ: I want to go back to the 2 airport a minute and visit about that. The Auditor made a 3 comment earlier that was accurate about the budget going up 4 next year, which increases our share. The main reason or 5 component of that -- and I think there's really two, but the 6 biggest one is they wrestled quite a bit at the last meeting 7 about a reserve fund that they want to start building up. 8 That would then take the City and the County out of the 9 equation from having to fund projects. Other than some of 10 the -- you know, the one that we're currently undergoing is 11 probably so large that it would still probably come out, but 12 they're trying to get to a point where some of the more 13 routine type grants that we do have them coming on board 14 almost every year, that that funding is built into the budget 15 so they can start buying -- I can't remember the extent, but 16 the reserve fund built up so they that they can anticipate a 17 little bit more into the future. And the other thing -- 18 component going up, I believe they are recommending an 19 increase to the salary of the -- 20 JUDGE TINLEY: Manager. 21 COMMISSIONER LETZ: -- Manager, which is 22 appropriate based on, you know, the information that I'm 23 aware of, what they agreed to come on at. 24 COMMISSIONER WILLIAMS: I agree with that. 25 MS. HARGIS: I think the clerical staff also 4-27-09 94 1 received a little. 2 COMMISSIONER LETZ: But that's kind of the main 3 one. And the other item that we talked about, I think you're 4 all aware of the acceleration of the Phase 2 of the 5 drainage-slash-runway project. Well, that is coming in, and 6 we're all aware that that's an unexpected $200,000 request. 7 The -- it's a 95/5 grant, as opposed to a 90/10 that we were 8 anticipating. We were anticipating having to spend 300,000, 9 400,000 next year, so while it's unexpected, it's half of 10 what we thought it was going to be long-term. Doesn't change 11 what -- you know, where the funding has to come from. But 12 those are just a little bit of update on those two items. 13 MS. HARGIS: The management contract? 14 COMMISSIONER LETZ: Management contract is the 15 same, I think, isn't it? 16 MS. HARGIS: But they renewed it. 17 COMMISSIONER WILLIAMS: They renewed it. 18 COMMISSIONER LETZ: Yes, renewed the management -- 19 the contract with the City, and it was no change in the 20 amount, but -- 21 COMMISSIONER WILLIAMS: But they're going to review 22 it again more seriously this year. 23 COMMISSIONER LETZ: Right. They took out -- 24 certain items were removed from it. You know, it doesn't -- 25 COMMISSIONER WILLIAMS: Doesn't change the bottom 4-27-09 95 1 line. 2 COMMISSIONER LETZ: Right. 3 MS. HARGIS: No, the amount stayed the same, 4 251,000. That stayed the same. 5 JUDGE TINLEY: Anything else? 6 COMMISSIONER LETZ: That's it. 7 JUDGE TINLEY: Commissioner Oehler? 8 COMMISSIONER OEHLER: Just a little bit. Ag Barn, 9 I don't know if anybody's been out there lately, but all the 10 indoor arena panels have been repainted. We had somebody 11 that kind of got into a situation and they needed to do some 12 community service, and painted all of that indoor arena. It 13 looks good, a lot of painting around the outside. And I 14 believe that Tim's new maintenance shop is pretty well 15 complete that's in the old horse barn, with -- including the 16 cage for some for his tools and things that he can lock up 17 and leave it, try to keep people from stealing. And, of 18 course, I continue to work with Animal Control on a regular 19 basis on various things that go on. And that's about it. 20 JUDGE TINLEY: Commissioner Baldwin? 21 COMMISSIONER BALDWIN: I just have one comment, 22 Judge. The Historical Commission -- I saw the whining going 23 back and forth amongst that group last week of, should the 24 County do the maintenance of the building and all that? And, 25 of course, I agree. We own the darned thing; we should be 4-27-09 96 1 taking care of it. But Dr. Luther hasn't seen fit to come to 2 mention anything to me yet, but he's spoken to everybody in 3 the great state of Texas about it, and now I see that he's 4 reporting to Jody, as opposed to me, and -- 5 COMMISSIONER WILLIAMS: Need to speak with the good 6 doctor? 7 COMMISSIONER BALDWIN: Well, we own the building; I 8 think we need to take care of it, and I also think that we 9 need to screen who uses the facility as well. And we'll get 10 back -- get this back on the table here pretty quick, as soon 11 as the doctor and I have a visit. 12 COMMISSIONER OEHLER: Working on your liaison 13 duties there, are you? 14 COMMISSIONER BALDWIN: Yeah, sharpening things up, 15 baby. 16 JUDGE TINLEY: Anything else? 17 COMMISSIONER BALDWIN: Do you want to trade? 18 COMMISSIONER OEHLER: No, thank you. 19 COMMISSIONER WILLIAMS: You got -- you don't have 20 the library any more; you got room. 21 COMMISSIONER OEHLER: No, I'm still on there. 22 Whether I want to be or not. 23 JUDGE TINLEY: Commissioner Williams? 24 COMMISSIONER WILLIAMS: I don't have a lot, Judge, 25 but I just happened to notice a little missile from TAC here, 4-27-09 97 1 that Senate Bill 700 by Senator Patrick, the revenue cap 2 bill, automatic rollback elections, is on the Senate intent 3 calendar for today, even as we speak, right at this moment. 4 F.Y.I. 5 COMMISSIONER BALDWIN: Has the House done anything 6 with that, or is it Senate first? 7 COMMISSIONER WILLIAMS: Senate first, I think. 8 COMMISSIONER LETZ: I think Senate's doing it 9 first. 10 COMMISSIONER BALDWIN: And so if they pass it out 11 of there, it'll do the same thing, go to the House? 12 COMMISSIONER WILLIAMS: Go to the House. 13 COMMISSIONER BALDWIN: Committees and all that 14 stuff. 15 COMMISSIONER WILLIAMS: Nothing on AACOG, Judge. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER LETZ: One other -- someone brought up 18 about the airport -- the library. I just thought it was an 19 interesting bit of information on the -- Mr. Luther's 20 comments on the old bowling alley, which I didn't know it was 21 an old bowling alley. I don't know if y'all read that. He 22 was asked by Councilman Gross to do an evaluation of the 23 historical significance of the old private Schreiner -- the 24 old building between the historical library and the -- what's 25 the other thing called? Historical building? Historical 4-27-09 98 1 library? 2 JUDGE TINLEY: History Center. 3 COMMISSIONER LETZ: History Center. 4 COMMISSIONER OEHLER: Yeah. 5 COMMISSIONER LETZ: That was interesting, but it 6 was also -- I also thought it was interesting was Joe 7 Herring's article. It was a different perspective. I mean, 8 we're removed from the library a whole lot, at our own 9 choice, and where they're going with a lot of that. I'm 10 glad, but it isn't all roses over there still. 11 COMMISSIONER OEHLER: I could give you more 12 information on the library, but I'll leave that for now. 13 COMMISSIONER WILLIAMS: Have you seen the grand 14 plan? 15 COMMISSIONER OEHLER: Yes, sir. I was there the 16 day they presented it. What do you want to know about it? 17 COMMISSIONER WILLIAMS: I'm afraid to ask. 18 COMMISSIONER OEHLER: Looks like about $10 million. 19 They have a million from H.E.B. 20 JUDGE TINLEY: I think the million was initially 21 for the purpose of doing the planning, and maybe 22 administrative portion of the fundraising, but not beyond 23 that. 24 COMMISSIONER OEHLER: It's not gone beyond that. 25 JUDGE TINLEY: I was on the original -- invited to 4-27-09 99 1 be on the original group to start hatching that thing, and I 2 believe at the very first meeting, I indicated that I thought 3 the former mayor, Mr. Joe Herring, Jr., would be somebody 4 that should be brought in, and I don't know to what degree 5 that was acted on or not acted on. Obviously, he feels like 6 he has some input on it, because he -- he volunteered it. 7 COMMISSIONER LETZ: We need to pass that plan 8 around -- or put it on our agenda before we talk about it too 9 much more and Rex tells us to be quiet. 10 JUDGE TINLEY: Okay. Any elected officials have 11 any reports? 12 MR. EMERSON: I'll go. Very briefly, just, number 13 one, we have a couple of TV's and DVD players that are going 14 to be available if another department would like to use them. 15 Because of the change in technology for law enforcement, 16 we're essentially going to be moving to a laptop with a flat 17 screen for looking at all of our law enforcement videos, so 18 that will free up some TV's and DVD players. And an A.G. 19 opinion that was hot off the press, sitting on the fax 20 machine in the break, talks about the definition of "audit" 21 that we sent off for to try to take the pressure off the 22 Auditor performing outside audits, and it looks like they 23 have come back and said that in light of the Texas State 24 Board of Public Accountancy's view of the Occupations Code, a 25 county auditor who is a certified CPA may ethically perform 4-27-09 100 1 the audits under the Health and Safety Code. So, that frees 2 up all the CPA's that are auditors to do that without 3 worrying about their licenses. And that's it. 4 JUDGE TINLEY: Any other elected officials have a 5 report? 6 MS. HARGIS: Just a brief -- 7 JUDGE TINLEY: Auditor? 8 MS. HARGIS: -- brief -- I've been working with the 9 Windstream telephone company to determine how many 10 connections we have in the building and how we might improve 11 our system, or redo our system, and they're supposed to come 12 back and give me some kind of a report, which should be ready 13 by your next meeting. As you know, our voicemail situation 14 went out this last week, but we also have no more 15 connections. I mean, we have no more lines to hook up 16 anybody. And I'm sure you're aware that Constable, Precinct 17 1, has no land line. He uses his cell phone. He gave up his 18 land line for Indigent Health Care, because we needed that. 19 So, we're talking to them about that. There's some options 20 that we can use, so I just wanted y'all to be aware of it. 21 And this all came about due to the fact that they kind of 22 messed up our billing royally, and they're working on that as 23 well. 24 JUDGE TINLEY: Any other department heads? Speak 25 loudly and clearly, please. 4-27-09 101 1 COMMISSIONER BALDWIN: Get her a megaphone. 2 MS. HYDE: Be nice. 3 COMMISSIONER WILLIAMS: What did you do, kill a 4 tree? 5 MS. HYDE: They have your names on them. 6 JUDGE TINLEY: Let's see. Judge Tinley. Here's 7 Judge Tinley's. 8 COMMISSIONER WILLIAMS: Oh, I'm sorry. 9 COMMISSIONER BALDWIN: Commissioner Williams. 10 Merry Christmas. 11 COMMISSIONER WILLIAMS: Thank you. 12 MS. HYDE: Number 1. 13 COMMISSIONER WILLIAMS: No ribbon? 14 MS. HYDE: Inside of it is the -- is the policy 15 books. And I say "books" because I don't know what you guys 16 want to look at. One of them on the front says it's got 17 edits and strike-outs and all, and the other one is broken up 18 into what we've kind of agreed to do, and then the two that 19 are passed by court order, which was the I.T. in 2004 -- 20 that's the only reason why I know that date -- and then the 21 FMLA that was passed on the 12th of February. So, if you 22 guys could give me a little direction on -- I know, Buster, 23 you helped, and so did you, Bill, when you guys were kind of 24 talking side by side. And I don't think the computer was 25 doing real well; it's kind of hard to compare sometimes, at 4-27-09 102 1 least for me. But this way you can have side-by-sides. But 2 we're almost done. We've only got really four sections, 3 'cause we can probably combine one. And the biggest thing in 4 that is going to be the sick pay and the vacation pay. 5 COMMISSIONER WILLIAMS: For the benefit of the 6 Court, Ms. Hyde and I met to discuss employee evaluation 7 strategies and forms and formulas and so forth, and I asked 8 where we stood with the policy book. We had a couple 9 workshops, and we got to a certain point and we stopped, and 10 so it's probably time for to us pick that thing up and finish 11 it, put it to bed, and that's the reason for the big packet. 12 MS. HYDE: In the packet there should be a 13 one-pager that tells you, like, kind of what's passed, what's 14 not. Looks like that. And that way, it made it real simple, 15 'cause that first one was like pages and pages that y'all had 16 to go through of changes. That's it. 17 JUDGE TINLEY: Other than giving a homework 18 assignment, do you have any other -- anything else you want 19 to pass on? 20 MS. HYDE: You've gotten through Phase 2 of the 21 shots for the Hep A and Hep B, and so we're on the downhill 22 stretch. We've only got one more to go. 23 COMMISSIONER LETZ: Under these two that are both 24 in 2/13's, what's -- what's -- 25 MS. HYDE: Down there at the bottom on that front 4-27-09 103 1 page, sir. 2 COMMISSIONER LETZ: It says Revised 2/12. 3 MS. HYDE: The other one. The other one. 4 COMMISSIONER OEHLER: This one here. 5 COMMISSIONER LETZ: This one has scratch-outs and 6 stuff in it. What's this one do? 7 MS. HYDE: That first section with the -- with the 8 wonderful seal of Kerr County on it, those are the ones that 9 have been tentatively approved or passed by court order. The 10 second set that still has a lot of gray and stuff in it, 11 that's the ones that we haven't gotten really finished yet. 12 COMMISSIONER LETZ: So, we need to get -- so we 13 should focus probably on this part at our next meeting, or 14 meeting after, probably, next meeting. 15 COMMISSIONER WILLIAMS: Or if necessary, set -- be 16 prepared to set a workshop date to finish it out. 17 COMMISSIONER LETZ: To finish this one, and then 18 when we get that, then we'll get the final one we can go 19 through. 20 MS. HYDE: If you want, you can look at the I.T. 21 policy too. It probably -- like you said, it's included in 22 both of them. 23 COMMISSIONER LETZ: Okay. 24 MS. HYDE: I went ahead and typed it up. 25 COMMISSIONER LETZ: All right. 4-27-09 104 1 COMMISSIONER WILLIAMS: Good. 2 COMMISSIONER BALDWIN: Let me ask you about the 3 shots right quick. Has -- what do we -- we have two rounds 4 of shots? 5 MS. HYDE: Three. 6 COMMISSIONER BALDWIN: Three rounds of shots. 7 MS. HYDE: Yes, sir. 8 COMMISSIONER BALDWIN: And like -- people like our 9 Collections people do that, and police officers do that, and 10 we don't do that. I mean, we could, I guess. But does 11 everybody participate in that? 12 MS. HYDE: No, sir. When we got the money, it 13 was -- first it was because we were concerned about the 14 money. I was only given $13,000, which was primarily for law 15 enforcement, Juvenile Probation, and the Juvenile Detention 16 Center. And then the next level was people like Collections, 17 the J.P.'s, people that directly dealt with high-risk 18 individuals. And so, that's how it kind of -- if we want to, 19 we can add -- next year we could add the rest if we want to. 20 COMMISSIONER BALDWIN: And so that's all we're 21 dealing with as far as -- as giving shots, is our people? 22 COMMISSIONER LETZ: These are rabies shots we're 23 talking about? 24 MS. HYDE: We've got -- Adult Probation is doing 25 it, but they're paying us. They paid us to purchase and do 4-27-09 105 1 it. 2 COMMISSIONER BALDWIN: And you -- and you 3 coordinate all that too for them? 4 MS. HYDE: Yes, sir, with the Sheriff and his 5 folks, and then with the different department heads. The 6 first two shots were the ones that were critical, 'cause they 7 could only -- they had to be exactly 30 days apart, which 8 that's the trip, trying -- trying to get that done. 'Cause 9 they wanted three days to get them, where they could get 10 them. But if you do it Tuesday, Wednesday, and Thursday, 11 which is what most of them wanted, that made the 30 days 12 going into Thursday, Friday, and Saturday. Well, that didn't 13 go over real well, so we had to really work together on what 14 they could and couldn't do. This third shot, final shot, we 15 can do that within four to six months, so we have a 16 two-month, 60 -- you know, 60-day period. 17 COMMISSIONER BALDWIN: Are we doing -- we're in the 18 second round right now? 19 MS. HYDE: We've already had both the first two. 20 We'll hit the third round and we'll start these shots 21 probably in June, based on what they want. And they can go 22 any time within the 60-day period, so it makes it a whole lot 23 easier for everybody. 24 COMMISSIONER BALDWIN: Have you had yours? 25 (Mr. Emerson shook his head negatively.) 4-27-09 106 1 COMMISSIONER BALDWIN: Are you going to? 2 MR. EMERSON: Hopefully, I'm on next year's round. 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER WILLIAMS: Do you have any contingency 5 plans for swine flu in the event that our employee group -- 6 MS. HYDE: The C.D.C. hasn't even come out with 7 what the contingency plan is yet. They know they're supposed 8 to come out with some stuff this afternoon. They normally do 9 their stuff late in the day. That way, if there's any 10 discussions, people have to wait until tomorrow. So, right 11 now we have nothing. To be just honest, there is nothing. 12 JUDGE TINLEY: I contacted the Texas Department of 13 Health and made that inquiry, if there were any plans on 14 contingencies in place or being thought of or proposed and 15 being staffed locally for that particular situation. I 16 notice that I had a call back from them. Obviously, I 17 haven't been able to -- 18 MS. HYDE: Texas Department of Health, like I said, 19 even Friday, they were talking. If they do staff up, they're 20 going to be staffing in San Antonio, the bigger areas to 21 start with. And my response was, Guadalupe County's not too 22 far away. So -- it's not. 23 JUDGE TINLEY: I saw a news -- I believe it was a 24 newspaper report where they'd already given some guidance to 25 Guadalupe County because of the Cibolo situation. But I was 4-27-09 107 1 more concerned about what this local office had for this 2 particular area. 3 MS. HYDE: I know they're looking right now at how 4 they can purchase enough to get it in here quick enough. 5 COMMISSIONER WILLIAMS: Judge? Ray Buck wants to 6 talk. 7 MR. BUCK: Oh? 8 COMMISSIONER WILLIAMS: Do you bring us greetings 9 from the U.G.R.A.? 10 MR. BUCK: Well, I guess the old political adage -- 11 I brought you rain. Because I get blamed for everything 12 else, might as well take credit for something good. 13 COMMISSIONER BALDWIN: Thank you. 14 COMMISSIONER OEHLER: Come more often. 15 JUDGE TINLEY: Yeah. Appreciate it, Ray. 16 MR. BUCK: You're welcome. 17 JUDGE TINLEY: Any other department heads? Elected 18 officials? Going once, going twice. We're adjourned. 19 (Commissioners Court adjourned at 11:35 a.m.) 20 - - - - - - - - - - 21 22 23 24 25 4-27-09 108 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 1st day of May, 2009. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-27-09