1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, December 14, 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 December 14, 2009 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Interpretation of programs for the 2009 fiscal year by County Extension Agent for Family and 5 Consumer Sciences 15 6 1.2 Report of activities of AACOG Alamo Area Agency on Aging 26 7 1.6 Presentation regarding free services in 8 foreclosure intervention and mortgage default counseling 39 9 1.19 Consider/discuss, take appropriate action to 10 approve contract for telephone system 49 11 1.3 Consider/discuss, approve moving early voting location for 2010 March primary election & runoff, 12 if any, to Hill Country Youth Exhibit Center 52 13 1.4 Presentation by Ray Buck and Tara Bushnoe of UGRA describing status of Total Maximum Daily 14 Load Implementation Plan and their plans to apply for additional grant funding from TCEQ 53 15 1.5 Consider/discuss, take appropriate action to adopt 16 a resolution supporting UGRA's grant application to TCEQ & Kerr County's participation as an 17 in-kind contributor 62 18 1.7 Consider/discuss, take appropriate action to discuss concept plan for Lot 76 of Stone Leigh 19 Ranch, Precinct 2 63 20 1.8 Consider/discuss, take appropriate action for approval of preliminary revision of plat on 21 Lot 25 in Ingram Hills Subdivision, Precinct 4 67 22 1.9 Consider/discuss, take appropriate action to set a public hearing for revision of plat for Lots 132 23 and 133 of Vistas Escondidas de Cypress Springs Estates, Precinct 4 71 24 1.10 Consider/discuss, take appropriate action on the 25 San Antonio AirLIFE's Guardian Angel plan 73 3 1 I N D E X (Continued) December 14, 2009 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 designate Commissioners' and Judge's liaison appointments for various functions for 2010 76 4 1.12 Consider/discuss, take appropriate action to 5 reappoint two members of ESD #2 and possible new appointment of one member 88 6 1.13 Consider/discuss, take appropriate action to 7 authorize educational step increase in accordance with existing policy for employees of Auditor's 8 office who received training and certification as Certified Investment Officers 89 9 1.14 Consider/discuss, take appropriate action to 10 designate county representative to serve on the Economic Development Task Force 92 11 1.23 Consider/discuss, take appropriate action to 12 authorize and/or approve preliminary planning, evaluation, and other preconstruction activities 13 or procedures in connection with proposed Law Enforcement Annex/Adult Probation Building 94 14 1.15 Consider/discuss, take appropriate action on 15 withdrawing appeal to Texas Water Development Board on DFC's set by GMA-9 for the Hickory and 16 Ellenberger Aquifers 102 17 1.16 Consider/discuss, take appropriate action concerning potential zoning issues at airport 104 18 1.17 Consider/discuss, take appropriate action to 19 recommend to Charles Schreiner Road Fund Trustee (Security State Bank and Trust) the manner of 20 expenditure of earnings from the trust 107 21 1.18 Consider/discuss, take appropriate action to address possibility of prohibiting sale or use 22 of restricted fireworks in any portion of the unincorporated area of Kerr County pursuant to 23 Local Government Code § 352.051 for December fireworks season 109 24 25 4 1 I N D E X (Continued) December 14, 2009 2 PAGE 1.20 Consider/discuss, take appropriate action to 3 approve maintenance contract with Diana Twiss, independent consultant, for software application 4 maintenance agreement for Kerr County Attorney's Office 110 5 1.21 Consider/discuss, take appropriate action on 6 contract for professional services from Allison, Bass & Associates, L.L.P. for redistricting 7 services for 2010 census 116 8 1.22 Consider/discuss, take appropriate action to approve County Employee Health Benefits Insurance 9 contracts and allow County Judge to sign same 119 10 1.24 Consider/discuss, take appropriate action to reappoint members Johnnie Hawkins and Bud 11 Fawcett to ESD #1 132 12 4.1 Pay Bills 133 4.2 Budget Amendments 148 13 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 158 14 5.1 Reports from Commissioners/Liaison Committee 15 Assignments 159 5.2 Reports from Elected Officials/Department Heads 161 16 --- Adjourned 166 17 18 19 20 21 22 23 24 25 5 1 On Monday, December 14, 2009, at 9:00 a.m., a regular 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 regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, December the 14th, 2009, at 9 a.m. It 11 is that time now. 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. At this time, if there's 16 any member of the public or the audience that wishes to be 17 heard on any matter that is not a listed agenda item, this is 18 your opportunity to come forward and tell us what's on your 19 mind. If you wish to be heard on an agenda item, we'd ask 20 that you fill out a participation form. There should be some 21 located at the back of the room. That helps me, more than 22 anything else, to know that there's someone that wishes to be 23 recognized to speak with regard to an agenda item. If, for 24 some reason, you wish to be heard on an agenda item and you 25 have not filled out a participation form, that's fine. Just 12-14-09 6 1 get my attention in some manner and I'll see that you have 2 the opportunity to be heard on that item. But right now, if 3 there's any member of the public or audience that wishes to 4 be heard on any matter that is not a listed agenda item, come 5 forward and tell us what's on your mind. Seeing no one 6 coming forward, we will move on. Commissioner Letz, what do 7 you have for us this morning? 8 COMMISSIONER LETZ: Just a couple comments. One, 9 I'd like to recognize -- to bring up, I guess, the passing of 10 Lionel, who passed away in a plane crash, I guess, over -- 11 late last week or over the weekend. He was a true fixture at 12 the Kerrville airport; flown, gosh, probably every person who 13 had a private plane around here at one time or another. I 14 know L.D. Brinkman used him quite a bit as a pilot. Tragic. 15 Not sure what happened, but he will certainly be missed. The 16 other thing is, on a little bit of a better note related to 17 the airport, I think most people probably saw that former 18 President Bush and his wife Barbara were at the airport 19 unexpectedly on the 7th. There was planning -- he was at the 20 Pearl Harbor -- the museum in Fredericksburg, at the Pearl 21 Harbor -- the new building dedicated in his name about Pearl 22 Harbor and World War II. I think 20 minutes before he got 23 here, they called the Airport Manager and said, "Get ready; 24 the President will be here in 20 minutes." About that time, 25 the Secret Service arrived. And he took some time, sat 12-14-09 7 1 around, visited with people out there. He still -- from what 2 I understand; I wasn't there, but he shuffles a little bit, 3 but his mind's as sharp as a tack, and Barbara looked great. 4 So, a very good experience out there. 5 And then the final thing, one other thing that I'm 6 not sure most of the public's aware of, but I'm probably 7 being appointed to another committee, it looks like. 8 (Laughter.) This one's -- this is the southern -- anybody 9 that -- I'll explain why or how I got involved with this 10 thing. It's the Southern Edwards Plateau Habitat 11 Conservation Plan Committee, which is -- I'm not real sure 12 why Bexar County and the City of San Antonio are the ones 13 that pick the people for it, but I've been approved by Bexar 14 County Commissioners Court, and I suspect I'll be approved by 15 the San Antonio City Council. And the -- this is to -- comes 16 under the Endangered Species Act. And Kerr County and/or 17 surrounding counties have been lumped in with a bunch of 18 mitigation issues related to Austin and New Braunfels and San 19 Antonio. And the -- and all this means is from an endangered 20 species standpoint, a lot of our property is likely going to 21 get used or traded, mitigated for development to the east of 22 us, and how all that takes place is decided by a 23-person 23 committee. I think it's 23 people. And, anyways, I'm -- I'm 24 going to be on it, representing counties. And -- and Dietert 25 from eastern Kerr County is going to be on it representing 12-14-09 8 1 Llano, it appears. So, anyway, it's kind of -- not sure 2 where it's going, but it will have a property rights impact, 3 or potentially, on some people in parts of Kerr County. So, 4 anyway, that's kind of what I've been working on this past 5 week. 6 JUDGE TINLEY: Commissioner Oehler? 7 COMMISSIONER OEHLER: Well, I have a meeting this 8 afternoon on the bridge projects on Highway 39 and 1340 with 9 Mike Coward, as well as Mrs. Fox, who is the -- kind of the 10 head of our Hunt committee, bridge committee, and look at 11 some of the progress and maybe a couple things that might be 12 problems that need to be fixed, something regarding the 13 guardrails maybe being set too close to the road or something 14 like that. But the projects are going very well, especially 15 Mayhew, way ahead of schedule, probably four months or better 16 ahead of schedule because it was closed that one weekend. 17 And it should be ready to open, I would say, by the first of 18 the year, maybe shortly thereafter. The Panther Creek 19 Crossing already has all the things set, and they're, you 20 know, just about ready to put traffic in both lanes. And, 21 Lynx Haven, we're going to go look at it today, see how 22 far -- I haven't been out there in several weeks, so I don't 23 know where that stands. But -- and I guess that's about it 24 for what I'm going to do shortly. We had a big West Kerr 25 Chamber mixer at my house over the weekend; we had a few more 12-14-09 9 1 guests than what we were planning on. 2 COMMISSIONER LETZ: They thought you were cooking. 3 COMMISSIONER OEHLER: We were. And I think we were 4 planning on about 150, and over 200 showed up. So, -- 5 COMMISSIONER WILLIAMS: Wow. 6 COMMISSIONER OEHLER: -- it was kind of a -- kind 7 of a big event. It will be at somebody else's house next 8 year. 9 COMMISSIONER BALDWIN: Enjoy it, do you? 10 COMMISSIONER OEHLER: Yeah. That's it. 11 JUDGE TINLEY: Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. I want to -- we 13 have a star amongst us that I want to in -- not introduce, 14 but recognize this morning, and -- but before I do, and in 15 1996, if you remember, the City of Kerrville EMS service was 16 named the provider of the year in the entire state of Texas. 17 And that has just kept going and kept going. They kept 18 improving, and now they're -- they're -- the EMS Director has 19 been named -- well, let's just read it here. Eric, stand up. 20 Where are you? 21 JUDGE TINLEY: Come on up here. 22 COMMISSIONER BALDWIN: Eric Maloney, Coordinator of 23 the Kerrville Fire Department Emergency Medical Service, has 24 been named the 2009 State EMS Administrator of the Year. 25 COMMISSIONER OEHLER: Wow. 12-14-09 10 1 COMMISSIONER BALDWIN: Excellent job. 2 (Applause.) 3 COMMISSIONER BALDWIN: And besides that, he is -- 4 and he's a city -- city of Kerrville employee, but he does 5 the training for our First Responders. That's -- that's the 6 issue and the reason he's in here, and we're very proud of 7 you, Eric, and we thank you very much for what you do. What 8 you got in your hand there? 9 MR. MALONEY: Well, that's the award that they 10 presented at the Texas EMS conference for the 2009 11 administrator award. 12 COMMISSIONER BALDWIN: Tell us about going there, 13 and how prepared were you to receive that award? 14 MR. MALONEY: I was 100 percent surprised, very 15 honored and humbled by it. Everyone at the table knew except 16 for me, so it was -- it was very surprising, and honored to 17 receive that. And at the EMS conference, there's 1,000, 18 1,500 people in attendance, so it was very nice. 19 COMMISSIONER BALDWIN: I just want to go on to say 20 that -- I'd like to say it's because of this Commissioners 21 Court that he does great things, and I'd even like to say 22 that it's because of City of Kerrville that he does great 23 things, but that's not the case. It's because he's a man of 24 integrity, is the reason that you're so successful in 25 everything you do. We appreciate it, Eric. Thank you. 12-14-09 11 1 MR. MALONEY: Thank you, Commissioner. Thank 2 y'all. 3 (Applause.) 4 COMMISSIONER BALDWIN: I leave Thursday for a 5 couple of days, and going to the big city of San Angelo, 6 Texas, to see my little boy get married next weekend. And we 7 had a big -- last weekend, we had a big bachelor party, and 8 we started -- we played golf in San Marcos and we did all 9 that, but we ended up at the Tivy football game with the 10 whole crowd, and a good time was had by all. But, anyway, my 11 little boy's getting married and we're excited, and all 12 donations can be received this afternoon by me. (Laughter.) 13 So, thank you. That's -- I better stop with that one. 14 JUDGE TINLEY: Commissioner Williams? 15 COMMISSIONER WILLIAMS: Thank you, Judge. Well, as 16 you know, as our focus shifts from business and other things 17 to Christmas, it's always good to be involved in and see what 18 takes place in a little community at Christmastime, and Lew 19 and I have been doing this now for about 11 years and 20 watching this little community of Center Point come together 21 for Christmas and spend their money and -- earn their money 22 and spend their money to decorate their town and to put a big 23 Christmas tree in the park and all the things that go with 24 that, and march from the Baptist Church down to the park with 25 candle lights and sing Christmas carols and so forth. It 12-14-09 12 1 really is small-town America, and it's great to see it. And 2 if you haven't participated in it, you need to participate in 3 it sometime, because it just makes you -- causes you to get 4 your feet back on the ground when you get all caught up in 5 this stuff, and it's just very rewarding. 6 In that context, in terms of Center Point, I'm in 7 the process of planning two public meetings. One will take 8 place probably in January or February -- not sure yet -- in 9 Center Point having to do with the sewer project and the 10 progress thereof, and to let the people know exactly what's 11 taking place. And -- and, as is obviously the case with a 12 sewer project of that magnitude, people sometimes have a hard 13 time wrapping their arms around why it takes so long to do 14 what you're doing. Well, if you're looking for somebody else 15 to share in your pot of gold with you, you're going to play 16 by that person's rules, and that sometimes slows you down. 17 So, we're going to do that and advise people what's taking 18 place, and make certain that everybody who sees fit to attend 19 is on board with the plan that we're doing. I've spoken -- 20 I've exchanged e-mails with Ray Buck, who's in the audience, 21 about the possibility of maybe U.G.R.A. joining with us in 22 that public hearing, because they too face the same need to 23 have a public hearing at about the same time we do, and so 24 maybe it will be beneficial for both agencies to have that 25 public hearing and advise the folks as to what's taking 12-14-09 13 1 place. 2 Also, in February -- early in February, we're going 3 to plan another public meeting, which is not just for 4 Precinct 2, but for any and all people in Kerr County who 5 wish to know more about AACOG's weatherization program, 6 transportation, aging, anything that AACOG has to offer that 7 brings benefit to Kerr County, and we're going to bring the 8 AACOG dog-and-pony show down here; we're going to put it in 9 the Ag Barn, and it's going to be -- hopefully we'll 10 publicize it well enough so we can get people out to attend 11 that. If the Court remembers, we did a colonias survey of 12 Precinct 2 only with respect to homes that are in need of -- 13 serious need of repair, and we had three categories. We had 14 -- well, three categories, of which there were about 400 15 homes there eligible for some form of repair or 16 weatherization improvements. And so if we can get -- if we 17 have that many in one precinct, we have probably that many in 18 other precincts as well, and we need to address that issue to 19 the extent possible, letting people know what's going on, 20 that's it, Judge. 21 JUDGE TINLEY: Thank you, Commissioner. I don't 22 think a lot of people understand the magnitude of that Center 23 Point/East Kerr wastewater project that you're working on, 24 and I think it's good that you're going to have the 25 opportunity to really give them a better handle so that they 12-14-09 14 1 can wrap their minds around it, 'cause it is a very, very 2 extensive project. And I want to commend you for your 3 perseverance in staying on top of that thing and working 4 it -- 5 COMMISSIONER WILLIAMS: Thank you. 6 JUDGE TINLEY: -- these past few years. I know 7 you've got a long ways to go, but just hang in there. I 8 appreciate Commissioner Letz, his willingness to serve on 9 this committee that he mentioned that's going to be dealing 10 with hill country property rights. I think it gives us an 11 opportunity here in Kerr County and in the hill country to 12 have a good advocate for property rights, and to truly 13 represent the interests of our landowners and citizens. So, 14 I appreciate you taking that additional work on, assuming 15 that the Council approves you. It's beyond me how they make 16 those decisions, but I guess that's okay. 17 The other thing I'd like to do this morning is to 18 recognize our County Clerk's department; in particular, our 19 birth and death records, the Vital Statistics department. 20 Ms. Pieper and Ms. Cheryl Thompson, who's the deputy clerk 21 that -- chief deputy that serves us up here, went over to 22 Austin this past week and received, for the 10th consecutive 23 year -- 10th consecutive year -- a Five-Star Vital Statistics 24 award for their work in the County Clerk's office in regard 25 to their death and birth records. And so I'd like to give 12-14-09 15 1 them the recognition that they deserve, and give you folks an 2 opportunity to thank them for their work. 3 (Applause.) 4 JUDGE TINLEY: It's good work. We appreciate it. 5 Let's get on down to business. The first item on the agenda 6 is an interpretation of programs for the 2009 fiscal year by 7 County Extension Agent for Family and Consumer Sciences. 8 Ms. Rene Walls, who is our Family and Consumer Science 9 expert -- extension agent here locally, is here with us 10 today. We appreciate you being here, Ms. Walls. 11 MS. WALLS: Hello. How are y'all doing? 12 COMMISSIONER OEHLER: Good. How are you this 13 morning? 14 MS. WALLS: There's three for each person. 15 COMMISSIONER OEHLER: Three for each? 16 MS. WALLS: Yeah. I just wanted to go over some of 17 the main programs that I did this year. The first one -- 18 well, I'll wait till you guys all get it. 19 COMMISSIONER LETZ: No, there's three. 20 MS. WALLS: There's three for each person. Sorry, 21 I should have paper-clipped them. Would have made it easier. 22 COMMISSIONER WILLIAMS: You're not an Aggie, are 23 you? 24 COMMISSIONER OEHLER: I'm not an Aggie. I tell you 25 what we do have this morning. If you noticed when Len walked 12-14-09 16 1 in -- Len Odom, I think he lost the bet. 2 COMMISSIONER BALDWIN: Oh, look at his shirt. Look 3 at his shirt. Stand up, Leonard. 4 MR. ODOM: I will have time for to you observe 5 that. 6 COMMISSIONER BALDWIN: Oh my gosh. 7 COMMISSIONER WILLIAMS: All your Aggie shirts are 8 dirty or what? 9 MR. ODOM: No, this is an unpardonable sin. 10 (Laughter.) But I'll say that it was work. 11 MS. HYDE: Put your hat on. 12 JUDGE TINLEY: We'll make the exception there. You 13 can. (Applause.) 14 MR. ODOM: Texas, I've got to hand it to them. 15 They're a very good team. But we -- our young people did a 16 real good job too, so I'm very proud of the Aggies. A couple 17 years down the road, watch out. 18 COMMISSIONER BALDWIN: Oh, sit down. (Laughter.) 19 MS. WALLS: Okay, back to this. The first program 20 I wanted to talk to you guys about was the Do well, Be Well 21 program. It's a diabetes program. It's nine classes, and we 22 do it in about four days. And I bring in the Wesley nurse 23 and the wellness coordinator from the hospital, a pharmacist, 24 a physical therapist, and we all do it together. That way we 25 can answer questions for them that they may have on 12-14-09 17 1 medications, and just very specific questions they may have. 2 We had 17 participants this year in two different classes. 3 We did one at the Doyle Center and one at the senior center, 4 and it went really well. And, as you can see at the very 5 bottom of the page, it's going to give you the economic 6 impact of the program, so that's a good thing. And then if 7 you guys will flip over to the walk -- 8 JUDGE TINLEY: Let me first ask you a question 9 about your Do Well, Be Well. 10 MS. WALLS: Of course. 11 JUDGE TINLEY: It occurs to me that we have a 12 significantly larger number that need the benefit of this 13 program. 14 MS. WALLS: Yes. 15 JUDGE TINLEY: Particularly those that are in the 16 lower socioeconomic groups, that are in serious need of -- of 17 health care education, and may not realize they have a 18 condition that they, in fact, have. 19 MS. WALLS: Yes, I agree with you. 20 JUDGE TINLEY: What -- what effort can your office 21 make, or in conjunction with -- with other groups, other 22 offices, Dietert or whomever, in order to try and reach out 23 and get to more of these people so that we can help them 24 through this kind of program? 25 MS. WALLS: Well, actually, next year we're going 12-14-09 18 1 to be doing -- we've -- we're reaching out, first of all, to 2 A Child's Place; I do a lot of programs with them, and a lot 3 of their parents are diabetic, so we're reaching out to them 4 first. They are low economics -- low -- lower income 5 population. And then we're also thinking about doing it with 6 Salvation Army and some of the neighborhoods over closer to 7 the Doyle Center, trying to get them involved through the 8 churches. The one program I did do at the Doyle Center this 9 year actually had no one from that community, and so that was 10 a big concern to us as well, 'cause we definitely marketed in 11 that community. So, what we thought would work better is if 12 maybe we went through some of the churches and some of the 13 other organizations in that community that those people are 14 close with, and try and program through them to get those 15 people there. 16 JUDGE TINLEY: So, you do have some ideas that 17 you're going to put in place to do that? 18 MS. WALLS: Yes, sir. 19 JUDGE TINLEY: That's great. Thank you. 20 MS. WALLS: Very important. And on that note, I 21 was hoping to maybe get the county employees interested next 22 year in also doing the program that may have diabetes as 23 well. 24 COMMISSIONER LETZ: I think it's a good idea to 25 work with some of the area churches, but I wouldn't just 12-14-09 19 1 limit it to the churches there. 2 MS. WALLS: No. 3 COMMISSIONER LETZ: Notre Dame is a county -- 4 multi-county area draw church, and some of the others as 5 well, Methodist, Presbyterian. Some of the largest churches 6 really draw from huge areas, so I think it's a good idea to 7 work with the churches. 8 MS. WALLS: Yes. It's kind of an issue -- 9 actually, several of the counties around us don't have the 10 program, so I think it definitely benefits our county to have 11 the program, and even maybe possibly some of the people that 12 live in other counties surrounding us. So, it's a good 13 thing. Okay. The next program is Walk Across Texas. And, 14 first of all, I want to give a big thank you Ms. Eva, 'cause 15 she helped us do it with the county employees this fall. 16 We've also done it with B.T. Wilson, and we've also done a 17 program through the hospital as well this year. What Walk 18 Across Texas is, it's basically a program that's designed to 19 help get people moving and exercising more than they already 20 are. They compete on teams of up to eight people, and they 21 compete for eight weeks. And I think the competition really 22 helps people to try and beat each other. The goal is to walk 23 across Texas, and it's about 834 miles, and it's all online. 24 They input it all online, and they can see on a map how far 25 they've gone. So, it's just kind of a more fun program, and 12-14-09 20 1 it helps them get more excited about exercising. So, that's 2 what that program is. 3 The very last one is actually a program that I 4 worked on with several county extension agents in the area. 5 We do it every year at Schreiner College here in Kerrville, 6 and it's for child care providers. It's called the child -- 7 it's called Hill Country Child Care Providers' Conference. 8 And we have a couple hundred child care providers come out 9 every year, and we do different sessions for them on 10 different topics that are of concern to them. This year we 11 did SIDS and shaken baby syndrome. We also did a session on 12 rainy-day activities, just stuff that they can do indoors to 13 keep kids occupied. And then they also have more health 14 issues that are covered as well in different sessions. So, 15 those are my programs. And then I was going to get 16 Ms. Laurinda up here to go over a couple of programs of hers. 17 MS. BOYD: Hello. Laurinda Boyd, 4-H Program 18 Assistant for Kerr County. And two of the things -- and, 19 actually, Rene and I have worked together on these programs 20 the last year, the -- in the fall and the summer. You know, 21 one of our big programs is our leadership program. We had 65 22 kids that are on our leadership team for junior high age and 23 high school age, and out of those 65, we have about 22 to 24 about 27 that are trained specifically to go into the schools 25 to do curriculums. And in the fall of last year, we had our 12-14-09 21 1 Health Rocks program, which, for the third consecutive year, 2 that was really productive. We held it out at the Ingram 3 Elementary School for the 3rd, 4th, and 5th graders. We 4 served 357 kids and did six teaching sessions. The kids 5 themselves, our -- our teen leaders, go in and do the actual 6 training. The Health Rocks program is -- it's teaching 7 skills about decision making, critical thinking, stress 8 management, but places a special emphasis on tobacco use 9 prevention, because most children that get involved in drugs, 10 they start with tobacco. And the -- but the biggest thing 11 that they really worked on was mentoring the kids about, you 12 know, making proper decisions and -- and, you know, just kind 13 of -- when we go in and say, "Do this, do this," it doesn't 14 come across as effective as if they have a teen there, you 15 know, mentoring to them. And so they really had some 16 interesting stories and situations that they dealt with with 17 the kids, but they did an excellent job of handling all those 18 different situations. 19 One of our new curriculums, we were one of the 20 pilot counties last year in the spring, and we did -- it's 21 called "Take a Stand." This is going to be our new 22 curriculum for the next several years. We're going to retire 23 Health Rocks for a while and take on Take a Stand. It's a 24 conflict management curriculum developed by Texas Agri-Life 25 with -- partnered with the Dispute Resolution Center in 12-14-09 22 1 Lubbock County; they funded the program. And this program 2 includes five lessons, and we piloted the program at Ingram 3 Elementary in the 4th grade last year. It was so well 4 received, it was really exciting. The teachers were really 5 excited about having it back this year. Some of the comments 6 from the kids on the bullying program were, "Thank you very 7 much for doing Take a Stand with our class. It was so much 8 fun. I learned tons." "I truly loved this" -- this is a 9 teacher. "I truly loved the Take a Stand presentations. My 10 students were engaged right from the start. Both the 11 students and I were sad when it came to an end. Since the 12 visit, I've noticed a closeness among the students that was 13 not there before. Thanks for all you did to make our school 14 a better place." And we really did see a lot of impact on 15 the bullying program. As y'all well know, that is a big 16 issue these days, not only, you know, in the schools, but on 17 cyber, you know, technology. We've got so much technology 18 out there. And so, you know, this is really a program that 19 we think is very important in the future, and we'll be 20 working at all of the elementary schools to implement the 21 Take a Stand program. So, thank y'all for your time. 22 Anybody have any questions? 23 COMMISSIONER OEHLER: I think I have -- I have a 24 statement. 25 MS. BOYD: Okay. 12-14-09 23 1 COMMISSIONER OEHLER: I think this is all a very, 2 very good thing for educating these kids. One thing I think 3 that could be added into this list of things that you've 4 done -- it starts out with alcohol and drugs and tobacco, all 5 that stuff. Maybe some of the -- something could be put in 6 there about the ramifications of getting in trouble with the 7 law. 8 MS. BOYD: Yes, sir. 9 COMMISSIONER OEHLER: At a young age. You know, I 10 don't think they really understand that this can mess up the 11 rest of their life. They can't get a job and things -- 12 MS. BOYD: Absolutely. 13 COMMISSIONER OEHLER: -- later on in life. I've 14 been giving that a lot of thought lately, and actually had 15 thought about going and talking to some of the kids about 16 those kind of things. I don't think they really realize. 17 MS. BOYD: When we have our Safety Awareness day 18 that all the area 4th graders come to in October, you know, 19 they do kind of get a -- an introduction to the law 20 enforcement agencies and, you know, how they're there to help 21 you, but also there to, you know, make sure that everybody 22 follows the law. All the agencies are represented, which I 23 think is really a great thing. You know, they learn about 24 the task force. They learn about what the Sheriff's 25 Department does. You know, it really is a really great 12-14-09 24 1 program. But that may also be an area that we could kind of 2 go in and change some of our curriculum there to make sure 3 that we do understand, you know, teaching circumstances. But 4 this bullying program, actually, one of the lessons does 5 focus on consequences, and it really is very effective. 6 I was kind of a little unsure about the program, 7 you know, how it was going to be -- how the response would be 8 to it. And it was really surprising, you know, how the 4th 9 graders really -- you know, even the ones admitting that, 10 yeah, they kind of had been a bully too, you know, but they 11 never -- didn't really think they were being a bully, but, 12 "Yeah, I guess, you know, I kind of was a bully," you know. 13 You know, so it's really -- because they think -- you know, 14 when you really define it for them, it really makes them 15 think about their actions and what they're doing and how it 16 affects everybody around them. But also, part of the 17 curriculum also is -- is when you leave the house that 18 morning, everything that happened that morning, how does it 19 affect you when you get to school, and how those emotions 20 affect you for the day. So it really has some great, great 21 lessons in it, and it was very, very well received. So -- 22 COMMISSIONER OEHLER: Okay. 23 MS. BOYD: -- we'll be expanding that. Thank you, 24 though, for your input. That's great. 25 COMMISSIONER WILLIAMS: Good point. 12-14-09 25 1 COMMISSIONER LETZ: On that, to expand on that a 2 little bit, I agree with that totally. I think that -- I 3 don't know if it's something the Judge can work through, 4 through what he has, the juvenile hearings. I think it would 5 be worthwhile for high school classes to come in here and 6 watch this. I mean, I really do, that type of thing. I 7 don't know if you can do that or not because of all the other 8 issues, but that -- or, you know, let them in small groups go 9 out to the Juvenile Detention facility, see -- I mean, see 10 what it's like to be incarcerated. 11 MS. BOYD: Well, and that's something in the school 12 systems that they could include in the government classes. 13 You know, 'cause they do the mock trials and all that stuff. 14 You know, that would be something that would be good for them 15 to include as maybe a field trip to watch the probation 16 system. Or, you know, out to the probation building, you 17 know, to do something like that. I mean, that would be a 18 good place to kind of try to get them involved. 19 JUDGE TINLEY: Commissioner, I -- I frequently have 20 that discussion with young people, the effect of creating a 21 criminal record for themselves and the effect it has on them 22 for the remainder of their life with -- with individuals that 23 appear in my court. Unfortunately, the ones that I have that 24 discussion with are already in the juvenile justice system. 25 Fortunately, the juvenile justice system has safeguards to 12-14-09 26 1 protect them from the effects of a juvenile record, but it 2 gives you an opportunity to demonstrate to them what serious 3 effects, if they continue that kind of conduct as an adult, 4 will have on their future. So, I have that discussion very, 5 very often. 6 COMMISSIONER OEHLER: I'm sure you do. But I think 7 it -- you know, that little bit of comment could be passed to 8 them before they get in trouble. That might deter a few of 9 them from -- 10 COMMISSIONER LETZ: I think this -- 11 COMMISSIONER OEHLER: -- getting into the system. 12 COMMISSIONER LETZ: I mean, I know everyone that 13 spends time in this courthouse sees the juveniles come in 14 here with handcuffs and all that on, and just that image 15 right there, I think, will be pretty eye-opening. 16 MS. BOYD: The great thing about this curriculum 17 is, it's not just 4th grade. You know, a lot of the things 18 that we target are at the 4th grade level, but this 19 curriculum actually goes 1st through high school, through 20 12th grade. There's several different curriculums, so we'll 21 be working on trying to implement all of those in different 22 areas. So, anyway, thank y'all for your time. 23 MS. WALLS: Thank you. 24 JUDGE TINLEY: Thank you. Let's go to our 9:15 25 item, if there's nothing more on that item. Item 2, report 12-14-09 27 1 of activities of AACOG Alamo Area Agency on Aging. 2 Commissioner Williams? 3 COMMISSIONER WILLIAMS: Thank you, Judge. I note 4 with interest in Rene's presentation on Do Well, Be Well, she 5 talked about educational programs for those with Type 2 6 diabetes, and in that report, she talks about the average age 7 of 73 that are participants in this program, which brings us 8 to the current agenda item. There was a time not too long 9 ago when we had a very difficult time finding representatives 10 for Kerr County to the Alamo Area Agency on Aging. That's 11 not the case any more. We have two very qualified -- highly 12 qualified, dedicated ladies who represent Kerr County on this 13 board. It's my pleasure today to bring to you the lady who 14 is now the Vice Chairman of the Alamo Area Agency on Aging, 15 and she's going to give you a little bit -- a sense of what 16 they do. Patrice -- Patrice Doerries is our representative, 17 and Coral Adema is also our representative, and they're going 18 to give us a little sense of what they do. Ladies? 19 MS. DOERRIES: We thank you very much for allowing 20 us to give you an end-of-the-year report. Most of you know 21 that AACOG stands for Alamo Area Council of Governments, and 22 each county has two appointed representatives. And we are 23 handing to you your own manila folder that has some handouts 24 as well as a summary report. I am -- have been on the 25 council since 2007, and we want to give you a status report 12-14-09 28 1 of what's going on with seniors here in Kerr County. 2 Demographically, 10 percent of our state population is over 3 65, but we are very unique here in the hill country and Kerr 4 County, because it's close to 30 percent over the age of 65. 5 And we have some very positive things that are taking place, 6 but we also have some challenges that we want to bring to 7 you. Coral, my co-partner, is new to the council and the 8 committee, and she is a Peterson registered nurse -- Peterson 9 Hospice, and she brings an expertise to our representation of 10 health care. She also is a volunteer trainer for a Matter of 11 Balance, which is a nationwide program. I am a master 12 trainer for Stanford University Medical School, and I teach 13 the Chronic Disease Self-Management Program as well as the 14 diabetes class. It was interesting to listen to our county 15 Extension Service to hear what they're doing, because it's 16 very much like what we do as well. I, in addition to my -- 17 my representation on the AACOG Senior Advisory Committee, I 18 am the Senior Cares Coordinator for Hill Country Cares. 19 That's my day paying job. I want to ask Coral to tell you 20 the positives that are happening, the things that are 21 happening here in Kerr County. 22 MS. ADEMA: I don't have the statistics in front of 23 me, but for the Matter of Balance class, we have done one 24 this year and more than that last year. One of the problems 25 with that is, it's -- it's an eight -- eight-class session, 12-14-09 29 1 and just getting the time to do it is hard. There's 2 participants waiting in line to participate, but this program 3 has been shown to prevent falls. There's been a lot of 4 statistics, and it's been followed, and all the class results 5 and before and after tests have gone to show that 6 statistically, that it is -- it's a -- it is a proven 7 program. So, that has been a good thing. Bill already 8 talked about the AACOG's involvement in helping get 9 air-conditioners and utility bills paid. And, again, we have 10 one problem with that. I guess I was supposed to talk about 11 the positives, but -- but just getting the word out. And the 12 fair that they're going to do will be good just to get word 13 out and let people know. But if people have questions, it 14 would be good for them to know that, as the representatives 15 of Kerr County, they can get a hold of us, and we can bring 16 things to the attention of AACOG. 17 Some of the programs that we have done at the 18 meetings, McGowan Training Institute, which is also 19 Morningside Ministries, has a multitude of training programs 20 and videos which are available to the public, and can be used 21 by anyone. Another report, Tina -- Tina from -- from Dietert 22 did a report on their new dining concepts that they're going 23 to implement. It's kind of a new and ground-breaking sort of 24 way to feed seniors, or get -- feeding seniors and keeping it 25 home-like -- or keeping it restaurant-like and high quality. 12-14-09 30 1 Anything else? 2 MS. DOERRIES: I want to mention some challenges. 3 You will see in the -- the front page report, the number of 4 Adult Protective Services cases reported for Kerr County. 5 This is for fiscal year 2008. Let me tell you that the 6 number is greater; it's over 300 for 2009. The source for 7 these statistics come from the regional office of Adult 8 Protective Services, so we have a lot of seniors here in Kerr 9 County who are in distress or in crisis, and they are needing 10 assistance. What we see is a lot of denial amongst our 11 citizens. They deny that there's a problem until they are at 12 the emergency room. Many of them are refusing to accept 13 help, and there is a great lack of preparation for a crisis, 14 be it a health status, a change in their finances. Diagnoses 15 can really change on a dime, the status of seniors, and it's 16 difficult to disseminate this information. 17 The Chamber of Commerce wants us to be really 18 positive, but we wanted to bring to you some of the 19 challenges that are really affecting citizens in Kerr County. 20 I want you to know it's not limited just to Kerr County. It 21 is -- the hill country's plagued with denial, and as you've 22 probably heard, we're not talking about the river in Egypt. 23 Communication amongst agencies can be difficult and a 24 challenge. But we -- we wanted to bring these things to you 25 let you know that there's a lot of good and positive that's 12-14-09 31 1 taking place, but we have a long row to hoe. At the bottom 2 of your first page, you will see that we do have some things 3 coming up in 2010 that we're really excited about. The Texas 4 Conference on Aging will be held in March, and this is an 5 annual conference that is held throughout the state, and 6 Kerrville is going to be the location. And our County Judge 7 has accepted, helping Todd -- 8 COMMISSIONER LETZ: Bock. 9 MS. DOERRIES: -- Bock, the mayor -- excuse me -- 10 with opening this. We anticipate about 400. We -- the 11 agency has rented out all of Inn of the Hills. This will be 12 a big event in March, so we want you all to know, to keep 13 that on your radar. The Silver-Haired Legislature will hold 14 their annual meeting here at that same time, so there will be 15 a lot of older folks here. And we anticipate that the 16 Assistant Secretary on Aging from Washington, D.C. will be 17 making a presentation at this conference. Regarding the 18 Legislature and seniors, we are very pleased to know that 19 they have now appointed a committee on aging. We have not 20 had one in the past, but the Legislature has appointed that. 21 And we also have instituted through the Legislature a Silver 22 Alert program, which is very similar to Amber Alert. And 23 kind of highlight what went on at the capitol this year for 24 seniors. But we thank you for the appointment to represent 25 seniors. Both Coral and I are seniors. And so it is kind of 12-14-09 32 1 -- this is kind of a good, bad, and ugly report, but we 2 wanted you all to know. And if have you any questions, 3 please feel free to ask. 4 COMMISSIONER BALDWIN: I have one. When you were 5 talking, you said there's over 300. The number here is 280. 6 MS. DOERRIES: That's for 2008. 7 COMMISSIONER BALDWIN: Yes, ma'am. 8 MS. DOERRIES: In 2009, it's over 300. That's 9 intakes. That's where someone will call Adult Protective 10 Services, call in a report that something needs to be done 11 about a neighbor. 12 COMMISSIONER BALDWIN: That's where I'm going. You 13 talked about them being in denial, and that is not a river in 14 Egypt. Is that what you said? 15 MS. DOERRIES: Yes. 16 COMMISSIONER BALDWIN: That's pretty funny. 17 MS. DOERRIES: Thanks. 18 COMMISSIONER BALDWIN: I'm going to use that. 19 MS. DOERRIES: It's not original. 20 COMMISSIONER BALDWIN: What are some of the -- what 21 are some of the -- an example of -- I mean, are we talking 22 about physical abuse? 23 MS. DOERRIES: We're talking about physical changes 24 that take place. It can be a change in mental status -- 25 COMMISSIONER BALDWIN: Oh, okay. 12-14-09 33 1 MS. DOERRIES: -- in a senior. Nothing's wrong; 2 you know, everything's okay. Well, then why did grandma 3 screw up the pumpkin pie that she has made perfectly for 4 years? 5 COMMISSIONER BALDWIN: You're talking about all 6 these guys up here. 7 MS. DOERRIES: A change in mental status and 8 changes in your health status can cause that as well. For 9 many, it's very difficult. We have an extremely proud senior 10 population, and everything costs a lot more. Traditionally, 11 what we're seeing in working with seniors is that a lot of 12 them are in denial. Their families come and they move them 13 back to be closer with them, whether it be, you know, 14 Houston, Dallas, or San Antonio. And if everyone that needed 15 help showed up at one of our facilities in Kerr County, they 16 wouldn't have enough room for them. 17 COMMISSIONER BALDWIN: Yeah. 18 MS. DOERRIES: I mean, that's -- like I said, 19 that's not a Chamber of Commerce thing. 20 COMMISSIONER BALDWIN: Yeah, I understand. 21 MS. ADEMA: Some of the APS cases are cases where 22 somebody's beat up a senior, but most of them are just 23 neglect, or they're just not taking care of -- it's just not 24 safe for them to be living at home. 25 MS. DOERRIES: Self-neglect is the big -- Adult 12-14-09 34 1 Protective Services will tell you, self-neglect with seniors 2 is the biggest cause for these numbers. 3 COMMISSIONER BALDWIN: Do you have -- we're kind of 4 involved in the wheel -- Meals on Wheels -- 5 MS. DOERRIES: Mm-hmm. 6 COMMISSIONER BALDWIN: -- program, and I have been 7 for many years, because I think that's a good thing. But do 8 you -- do you find -- the word "abuse" keeps popping in my 9 mind for some reason, and I apologize for that. But do you 10 find these folks that are having some of these issues, are 11 they detected through the Meals on Wheels? 12 MS. DOERRIES: In many cases, they are. And I 13 have -- through my professional life, I have trained their 14 workers to be able to identify what is going on. For many of 15 our recipients of Meals on Wheels throughout the county, the 16 only person that they see during the day is the person that 17 delivers the Meals on Wheels meal to them. And we work very 18 closely with Dietert Senior Center to help raise awareness 19 and give them tips for identifying. 20 COMMISSIONER BALDWIN: So, it may be something 21 like -- it may be something like total confusion, or -- or a 22 physical ailment? 23 MS. DOERRIES: Yes. Yes. I mean, you know, we 24 age -- and we live in a great day and age where you can get a 25 new heart, new lungs, but once your brain goes, it's gone. 12-14-09 35 1 COMMISSIONER BALDWIN: I've heard about that. 2 MS. DOERRIES: Our agency has the Alzheimer's 3 support group here in town, Kerr County, as well as four 4 other counties. 5 COMMISSIONER BALDWIN: Y'all have a big job. Thank 6 you for doing that. 7 COMMISSIONER WILLIAMS: Patrice, one quickie, if 8 you don't mind. As Buster talked about the nutrition 9 services, there is nothing extra that's done in terms of 10 nutrition? It's all handled through Dietert; is that 11 correct? 12 MS. DOERRIES: That's correct. 13 COMMISSIONER WILLIAMS: Okay. 14 MS. DOERRIES: Unless it is through a private 15 entity. The homeless are fed every Saturday a free meal at 16 the First Presbyterian Church Family Life Center. It's 17 called Hope's Kitchen, and it is no charge to them 18 whatsoever. 19 COMMISSIONER WILLIAMS: Mm-hmm. 20 MS. DOERRIES: It's kind of an eye-opener to go 21 there at noon on Saturday to see who is coming for lunch. 22 COMMISSIONER BALDWIN: Let's see. Free meal 23 Saturday, when? 24 MS. DOERRIES: Every Saturday. 25 COMMISSIONER BALDWIN: Yeah? 12-14-09 36 1 MS. DOERRIES: Okay, Buster, I don't know that you 2 would qualify. 3 COMMISSIONER WILLIAMS: Got to be homeless. Are 4 you homeless this week? 5 COMMISSIONER BALDWIN: I could be at the end of 6 this week, yes. 7 JUDGE TINLEY: If some of the secrets get out, he 8 probably will be. 9 COMMISSIONER WILLIAMS: Patrice, one other quickie. 10 I note that in terms of the listing of the types of services 11 that people can avail themselves, information, referral, 12 benefits counseling, ombudsman, all that stuff on the back of 13 your flyer, -- 14 MS. DOERRIES: Right. 15 COMMISSIONER WILLIAMS: -- all of those are 210 16 numbers. So, if a -- if a senior in need of these services 17 calls 210 and one of these numbers for what they think is the 18 -- the help they want to get, on the receiving end of that 19 call is a cataloging of services available to them here; is 20 that correct? 21 MS. DOERRIES: Yes, that's correct. And on the 22 front of that brochure it has the 800 number that is 23 toll-free. 24 COMMISSIONER WILLIAMS: Okay. 25 MS. DOERRIES: And they will be assigned a 12-14-09 37 1 caseworker, and they will walk them through what their needs 2 are and how their needs can be met. 3 COMMISSIONER WILLIAMS: Good. I want to thank you 4 for your service -- 5 MS. ADEMA: One of the problems -- 6 COMMISSIONER WILLIAMS: -- for your service to our 7 community. I appreciate you both being on -- 8 MS. ADEMA: Let me just -- one of the problems is 9 that it is a San Antonio number, and many of our seniors have 10 a hard -- or are hesitant to call that number because it's 11 out of town. 12 COMMISSIONER WILLIAMS: That's the reason I asked 13 the question. 14 MS. ADEMA: And the turn-around time for 15 investigation and assessment is getting quicker, but it is a 16 problem. It is a problem. 17 COMMISSIONER WILLIAMS: So, maybe we need to -- 18 maybe we need to put out more information about the fact that 19 services available in Kerr County or other hill country 20 counties are available in a catalog; we're not going to send 21 you to San Antonio for services. 22 MS. DOERRIES: Right. They will come here for the 23 senior -- 24 COMMISSIONER LETZ: On that, I mean, it might 25 help -- I think that's a big obstacle for people calling that 12-14-09 38 1 number. Why don't you put a local number on and just have it 2 forward to a -- wherever it gets forwarded? 3 MS. DOERRIES: Well, that is an AACOG issue. I do 4 know that the 800 number does work. I mean, you know, we're 5 -- we can certainly say that, but they serve 40 counties 6 within this whole area, so I think the 800 number has served 7 them well. 8 COMMISSIONER WILLIAMS: Okay. 9 MS. DOERRIES: But I will certainly pass that 10 along. It's a good suggestion. Thank you very much. 11 JUDGE TINLEY: Any other questions for these 12 ladies? 13 COMMISSIONER OEHLER: Seems to me like at some 14 point in time, there's some cases it's hard to evaluate and 15 be accurate. There's some people that may appear to need 16 services, -- 17 MS. DOERRIES: Right. 18 COMMISSIONER OEHLER: -- and they really don't. 19 That would be a hard thing to have happen. 20 MS. DOERRIES: Right, I agree. 21 MS. ADEMA: Right, that is, and it happens. 22 COMMISSIONER OEHLER: I know that's difficult to 23 deal with. 24 MS. DOERRIES: You know, we just try, try, try. 25 And we are volunteers on this committee, and we appreciate 12-14-09 39 1 the opportunity to make -- to bring to light the status of 2 seniors here. It is not necessarily a socioeconomic issue. 3 COMMISSIONER OEHLER: Right. 4 MS. DOERRIES: It is that we're getting older. 5 MS. ADEMA: Well, for one of the things with the 6 APS, it's spouse abusing spouse, sort of, or intimidating or 7 threatening or bossing or bullying. 8 COMMISSIONER OEHLER: Buster, I'm trying to save 9 you. The evaluation was wrong. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE TINLEY: Ladies, we appreciate your 12 representing Kerr County -- 13 MS. DOERRIES: Oh, we enjoy it. Thank you. 14 JUDGE TINLEY: -- at AACOG, and we thank you for 15 your service to seniors. 16 MS. DOERRIES: Thank you. 17 JUDGE TINLEY: Let's move to our 9:30 timed item. 18 That's a presentation regarding resources in foreclosure 19 intervention and mortgage and default counseling. Ms. Teresa 20 Offutt is here to present this particular item. 21 MS. OFFUTT: Hello. Thank you for letting me speak 22 to you today. I am slated for, like, 20 minutes, but I can 23 assure you I'm going to go over that time limit, so if I put 24 you to sleep, please stop me and I'll try to sum it up real 25 quick, or come back at another time. 12-14-09 40 1 COMMISSIONER BALDWIN: Stop at the snoring. 2 MS. OFFUTT: Okay. I am a private citizen here; 3 I'm not affiliated with any association or organization here 4 in Kerr County. I am a woman with a passion, and I am a 5 woman with expertise. And my passion is in helping people, 6 and especially homeowners, home owners who are defaulting 7 with their mortgages. And my expertise is that I'm 8 nationally certified as a foreclosure intervention mortgage 9 default counselor. And I have a question I need to pose to 10 you, because I just arrived back here from Maryland in 11 September, and I really don't know what all is going on in 12 the county. I do have some idea, which I'm going to share 13 with you, that maybe you are aware of, maybe you're not aware 14 of. But do you have any type of committee, or are you making 15 any efforts to help the homeowners here in Kerr County who 16 are defaulting on their mortgages? 17 JUDGE TINLEY: I'm not aware of any -- any county 18 committee that's been sanctioned to do that. 19 MS. OFFUTT: Okay, thank you. My purpose is to 20 explain what housing counseling is. What I see that is 21 happening in Kerr County -- for the past two weeks, I've been 22 running the streets, talking to everybody I could possibly 23 talk to, professionals, and I kind of have an idea of what's 24 going on here. You may not have even thought we had an issue 25 with mortgage defaults, but I see on this bulletin board out 12-14-09 41 1 there there are five families -- five homes that are going to 2 be foreclosed on January 5th. Last month there was 3 approximately the same number. That's a lot for a small 4 community, or a county that we have here. I'm going to 5 express a need that we should try and think about having a 6 housing counseling agency here in Kerr County, and appeal 7 that maybe if a committee -- that we form some type of 8 committee to investigate this issue, and I would be more than 9 happy to be a member of that committee. 10 A little bit about myself. I was a Kerr County 11 resident from 1985 to 1990. I've lived in the hill country 12 for the -- for 15 years. I had moved to Maryland for 10 13 years, and I just came back in September. I graduated from 14 Schreiner College; I have a B.A. in English with a teacher's 15 certification. I've taught in many schools in San Antonio, 16 Center Point, Comfort, Tivy High School. I was an English 17 teacher at Tivy for four years. I have seven years 18 experience in the corporate arena, four years as -- over four 19 years as a licensed real estate agent specializing in 20 residential sales, short sales, foreclosures, and I have my 21 G.R.I. designation. I have two -- over two years experience 22 working for a nonprofit HUD-approved agency as a housing 23 counselor. I worked for Washington County Community Action 24 Council in Hagerstown, Maryland, and I saved people's homes. 25 I was guest speaker to many real estate offices. Real estate 12-14-09 42 1 agents have no idea what to do when a homeowner comes to them 2 and says, "Look, I'm behind on my mortgage. What can I do?" 3 Homeowners have no idea where to go for help. 4 And I would tell the real estate agents, you know, 5 about how to handle homeowners who are distressed, how to -- 6 what to do about mortgage defaults and pending short sales 7 and foreclosures. And a lot of that was you need to refer 8 them to a housing counselor. I was appointed this -- early 9 this year; unfortunately, I had to move -- or decided to move 10 out of state, but I was appointed by the Frederick County, 11 Maryland county commissioners court as a member of the 12 Frederick County Affordable Housing Council Committee, and I 13 was in for a two-year term. My husband passed away 14 unexpectedly in June, and I felt my need was to move back to 15 Kerrville, to where my children are and my grandchildren. 16 If you don't know what housing counselors do, there 17 are nonprofit agencies throughout the United States that are 18 HUD-approved agencies, and they counsel homeowners for free. 19 They -- the counselors are paid through the Hope Grant and 20 other grants that the government provides. And they're also 21 supported through funds through the county and city. A 22 homeowner would call me on the phone; they're behind on their 23 mortgage. I would perform a budget analysis, get a snapshot 24 of where they are financially. I examine deeds of trust, 25 mortgage notes for evidence of predatory lending and exotic 12-14-09 43 1 loans, and an exotic loan would be, like, an adjustable-rate 2 mortgage at 8 percent interest or higher. I would explain 3 the mortgage documents to homeowners. A lot of times 4 homeowners don't even read them. They leave the settlement 5 table and they stuff them away somewhere. They don't even 6 know what type of loan they have. 7 I provide budgeting assistance, submit the 8 financial applications to the servicing companies. I 9 negotiate with the servicers on the owners' behalf for loan 10 modifications, forbearance bans. Forbearance bans are, like, 11 reduced mortgage payments or a suspension of their mortgage 12 payment. Repayment plans, deeds in lieu of foreclosure, 13 short sales. And when the time gets close to foreclosure, I 14 can escalate workouts. I have those back-door numbers, and I 15 have those contacts with the servicing companies where I can 16 stop foreclosures. And I did stop a foreclosure; I'm very 17 proud of it. I stopped it 35 minutes before sale time, and 18 the homeowners were ecstatic, and I was too. I about died -- 19 about fainted, I was so exhausted. It's a very stressful 20 job. 21 JUDGE TINLEY: Ms. Offutt? 22 MS. OFFUTT: Yes? 23 JUDGE TINLEY: The -- essentially, your purpose 24 here today is to let it be known that you are available to 25 residents here in Kerr County to assist them if they are 12-14-09 44 1 having difficulty with their home mortgage? 2 MS. OFFUTT: Mm-hmm. 3 JUDGE TINLEY: Not necessarily that they're already 4 posted for foreclosure? 5 MS. OFFUTT: Right. But they're just falling 6 behind, or they feel like they're going to fall behind in the 7 near future. 8 JUDGE TINLEY: And you have the ability to make the 9 requisite contacts -- 10 MS. OFFUTT: Mm-hmm. 11 JUDGE TINLEY: -- with the servicing agencies or 12 the appropriate office of the lender, as opposed to just the 13 customer service, for example, -- 14 MS. OFFUTT: Mm-hmm. 15 JUDGE TINLEY: -- in order to effectively help 16 them, and you're willing to do so for -- 17 MS. OFFUTT: Free of charge. 18 JUDGE TINLEY: -- no cost. 19 MS. OFFUTT: No cost. 20 JUDGE TINLEY: I think I have seen in some 21 presentations that any time someone's in trouble with their 22 mortgage, and they in some manner make contact with some sort 23 of assistance organization and they ask for some amount of 24 money up front to help them. 25 MS. OFFUTT: Mm-hmm. 12-14-09 45 1 JUDGE TINLEY: The typical consumer agency response 2 is, "Run, don't walk, away from those people." 3 MS. OFFUTT: Those are foreclosure rescue scams. 4 JUDGE TINLEY: Have no contact with them. And 5 that's your purpose here today? 6 MS. OFFUTT: Mm-hmm. 7 JUDGE TINLEY: And you've provided us with this 8 information, which we can make a part of the record here in 9 connection with your presentation. 10 MS. OFFUTT: Okay. Do you wish for me to stop? 11 Because I still wanted to say something. 12 JUDGE TINLEY: Well, we'd like to know if you have 13 any special things you want to bring to our attention. I'm 14 not sure we have time to go through the entire presentation. 15 MS. OFFUTT: I'll try to make it real quick. 16 JUDGE TINLEY: Okay, thank you. 17 MS. OFFUTT: What I found in my -- that two weeks 18 running around, some things that I found out. I can -- I'm 19 going to tell you, real quick, a little story. Back in 20 August, I flew to Texas because I wanted to purchase a home 21 and start bank accounts, et cetera. I was at one of the 22 local banks and I was starting my bank account, and the new 23 accounts lady asked what I did for a living. I told her I 24 was a housing counselor, and she asked what that was, so I 25 explained what it was. And she lowered her voice. She went 12-14-09 46 1 forward; she says, "Listen," she says, "My husband and I, 2 we're two months behinds on our mortgage. My husband just 3 got laid off from James Avery," you know. She says, "We 4 don't know what we're going to do," you know. "Can you help 5 us? When you move here, can you help us?" And so I wasn't 6 even in Kerrville 12 hours, and I have a client already. 7 There are housing counseling agencies that can help for free, 8 and the closest agency is the Consumer Credit Counselors of 9 Greater San Antonio in Boerne, Texas. So, anyone in Kerr 10 County that wants free counseling has to go to Boerne. There 11 are counseling agencies in San Antonio. 12 But I talked to the director of the Consumer -- in 13 Boerne, and she says that they are overworked and 14 understaffed, and they do help some people in Kerr County. 15 She would not give me numbers. The unemployment rate in Kerr 16 County is 5.8 percent. But, you know, that is -- it's 17 probably actually higher than that. Unemployment statistics 18 are never accurate; they don't take into account the 19 unemployed because they are -- those unemployed because 20 they're self-employed, independent contractors, people -- I 21 lost my place. People in the process of applying for 22 disability, those who quit their jobs. And there are some 23 citizens who have that hope that they're going to quickly 24 find another job, and they don't even apply for unemployment. 25 I talked to a real estate broker in town. I'm not going to 12-14-09 47 1 mention her name. I will if you really want to know; you can 2 ask me. But she said that homeowners are coming to her, the 3 ones who are in default. They have no idea where to turn, 4 and she is even trying to help these homeowners work with the 5 services to come up with some type of modification or some 6 type of help. And she's not even trained as a counselor, and 7 she has her own agency to manage. She has her -- she wants 8 to be doing her listings and her sales. And she says, "You 9 wouldn't believe the number of people that are coming to me 10 for help." And she says that the other brokers in town hear 11 that she's helping homeowners, and they're sending people 12 over to her, and she says she can't handle all this. She was 13 so excited that I came into her office. She's going to start 14 passing some business on to me. 15 COMMISSIONER LETZ: I think -- I mean, I don't -- I 16 think what you're doing is fantastic, and that it's free, but 17 I think that -- I mean, I think you've got your point across 18 to this body. I think that the -- and, as the Judge says, 19 it'll be part of the record. But in your handout, it says 20 you're working with a Kerrville Daily Times columnist. 21 That's what needs to be done to get -- you just need the get 22 the word out. I think you've done that here. I think the 23 Daily Times is a good source, and the realtors. I mean -- 24 MS. OFFUTT: Mm-hmm. 25 COMMISSIONER LETZ: -- you know, we have a long 12-14-09 48 1 day. 2 MS. OFFUTT: I know. I understand. 3 COMMISSIONER BALDWIN: Ms. Offutt? 4 MS. OFFUTT: Yes? 5 COMMISSIONER BALDWIN: I do have one question, 6 though, and you and I are going to make this really quick, 7 because the chair -- the chair already has his hair up in the 8 back. When you talk about grants, now, are we talking about 9 some of this federal Obama money coming down here and bailing 10 out people that are -- haven't been responsible and can't 11 make their payments? Is that a possibility? 12 MS. OFFUTT: Yeah, that's a possibility. 13 COMMISSIONER BALDWIN: We're through. See ya. 14 MS. OFFUTT: Oh, you don't want ... 15 COMMISSIONER BALDWIN: Thank you. 16 MS. OFFUTT: Okay. That's it. Thank you very 17 much. 18 COMMISSIONER WILLIAMS: Thank you. 19 JUDGE TINLEY: If you can get your word out on the 20 street via your Daily Times columnist, I think that's good. 21 MS. OFFUTT: One last thing is, I'm not going to 22 overload myself with clients. I'm going to just work with a 23 few. There is definitely -- I feel, definitely a need in 24 Kerr County for a counseling agency, and if you could read 25 the notes here, there's more information for you. But I'll 12-14-09 49 1 take a few, because I'm working for free, and I enjoy my 2 freedom. I don't want to be tied down to a full schedule. 3 JUDGE TINLEY: Thank you, Ms. Offutt. 4 COMMISSIONER LETZ: Thank you. 5 JUDGE TINLEY: Okay. Let's see if we can get back 6 into our agenda. I've had a request to take Item 19 out of 7 order, so we'll move to Item 19, to consider, discuss, take 8 appropriate action to approve contract for telephone system 9 bid which was previously approved by Commissioners Court on 10 November the 23rd of this year. Mr. Trolinger? 11 MR. TROLINGER: Yes, sir. It's -- as it's stated, 12 it came to your attention that we didn't have a contract. It 13 was strictly a request for proposal. 14 JUDGE TINLEY: Mm-hmm. 15 MR. TROLINGER: And the County Attorney's done a 16 wonderful job at drafting an original contract. As far as I 17 know, it's approved by the contractor. And -- it is approved 18 by the contractor, and looks good to me. 19 JUDGE TINLEY: So, we've accepted the bid; now we 20 got a contract that's ready to go, Ms. Bailey? 21 MS. BAILEY: Yes, sir. 22 COMMISSIONER WILLIAMS: Move approval. 23 COMMISSIONER BALDWIN: Second. 24 COMMISSIONER WILLIAMS: And authorize County Judge 25 to sign same. 12-14-09 50 1 JUDGE TINLEY: Motion made and seconded. Further 2 question or discussion on that motion? 3 COMMISSIONER BALDWIN: I have a question. What is 4 the turnkey date of the completion of this project? 5 MR. TROLINGER: We do not have a completion date 6 actually scheduled. We had originally -- 7 COMMISSIONER BALDWIN: Give me a hint. 8 MR. TROLINGER: Well, we had scheduled the install, 9 but now we've -- and that was to start today, but now we're 10 falling back on that, and we'll have to sit down and have a 11 -- have an implementation -- a short meeting to set the 12 schedule. So, I don't have that for you right now, but I can 13 get it to you once we have it. 14 COMMISSIONER BALDWIN: You're going to get your big 15 whip out and drive these people, get this thing done? 16 MR. TROLINGER: Yes. There's a specific schedule 17 in the proposal. It says -- it doesn't say the date, but it 18 has by number of days, and I think 14 days is the total 19 number of days for implementation. 20 COMMISSIONER WILLIAMS: If you can't tell us when 21 you're going to finish, can you tell us when you're going to 22 start? (Laughter.) 23 COMMISSIONER BALDWIN: He's so good. 24 MR. TROLINGER: I'm sorry. We slipped, because the 25 original schedule had been set, and -- 12-14-09 51 1 JUDGE TINLEY: We need to get the equipment in 2 place first, is what you're telling us? 3 MR. TROLINGER: We need to sit down and discuss the 4 availability of the contractor. They're a little bit busy. 5 And -- 6 JUDGE TINLEY: Okay. 7 MR. TROLINGER: And fit it in where we can. It's a 8 total of 14 days. 9 JUDGE TINLEY: But the actual installation time is 10 approximately two weeks? 11 MR. TROLINGER: Yes. 12 JUDGE TINLEY: Okay. Okay. 13 MR. TROLINGER: I anticipate by the end of January 14 we'll be complete, but I don't know for a fact. 15 JUDGE TINLEY: Close enough, Commissioner? 16 COMMISSIONER BALDWIN: Dang right, boy. I'm 17 telling you. 18 COMMISSIONER OEHLER: Commissioner, you sound like 19 a lawyer. 20 COMMISSIONER WILLIAMS: I sit next to one. 21 JUDGE TINLEY: Any other question or discussion on 22 the motion? All in favor of the motion, signify by raising 23 your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 12-14-09 52 1 (No response.) 2 JUDGE TINLEY: The motion carries. Thank you, -- 3 MR. TROLINGER: Thank you. 4 JUDGE TINLEY: -- Mr. Trolinger. 5 MR. TROLINGER: You're welcome. 6 JUDGE TINLEY: Let's move to Item 3, to consider, 7 discuss, and approve moving the early voting location for the 8 2010 March primary election and runoff, if any, to the Hill 9 Country Youth Exhibit Center. Ms. Alford? 10 MS. ALFORD: Yes, sir. We have -- the early voting 11 site is usually the Cailloux Center, where it was in 12 November, and we'd like to move the primary to the Hill 13 Country Youth Expedition Center for the Democratic and 14 Republican primary, because of the -- 15 JUDGE TINLEY: You got room for both of them there? 16 MS. ALFORD: Correct, yes, sir. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion on the motion? All in 21 favor of the motion, 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: The motion does carry. Thank you, 12-14-09 53 1 Ms. Alford. 2 MS. ALFORD: Thank you. 3 COMMISSIONER BALDWIN: I'm assuming that we're 4 getting with Jody to make sure that the place is available 5 and all that on that particular date. Just an assumption. 6 JUDGE TINLEY: I would have hoped she would have 7 waved her arms or screamed or did something if -- 8 COMMISSIONER BALDWIN: Is the date on there? Let's 9 see. 10 JUDGE TINLEY: March the 2nd. And then it's the 11 first Saturday in April. It has to be cleared for the -- 12 MS. ALFORD: Early voting is the last two weeks 13 of -- 14 JUDGE TINLEY: Early voting, excuse me. 15 MS. ALFORD: Yes, sir, of February. Starts 16 February 16th through the 26th of February. 17 JUDGE TINLEY: And that's during the week. 18 MS. ALFORD: Yes. 19 JUDGE TINLEY: Yeah, okay. 20 COMMISSIONER WILLIAMS: Two weeks. 21 JUDGE TINLEY: Okay, thank you. 22 MS. ALFORD: Thank you. 23 JUDGE TINLEY: We'll go to Item 4, for a 24 presentation by Ray Buck and Tara Bushnoe of U.G.R.A. 25 describing the status of the Total Maximum Daily Load 12-14-09 54 1 Implementation Plan and their plan to apply for additional 2 grant funding from T.C.E.Q. 3 MR. BUCK: Your Honor, Commissioners. 4 JUDGE TINLEY: Pleasure to have you here. 5 MR. BUCK: Thank you. Thank you. I know your time 6 is important, so I'm going to be very brief, and we want to 7 show you just a short Power Point to kind of recap the 8 program. In 2002, the state water sampling program, and 9 assisted by some local sampling, identified part of the 10 Guadalupe as impaired; it was listed on the EPA's 303(d) 11 list, which is of significant concern to local citizenry, in 12 2005. U.G.R.A. applied for a grant, and with assistance of 13 many stakeholders, including this Commissioners Court and 14 County staff, we've gone from just having a concern and 15 wondering what to do about it all the way through an 16 implementation plan, and are going after getting a grant to 17 implement some of these best management practices. I want to 18 commend your staff, and especially Commissioner Letz, for all 19 the work that they've done in helping us get this thing 20 through. So, with that, I want to turn it over to the 21 project manager, Tara Bushnoe, who was instrumental in 22 getting this thing done, and we'll go through that and answer 23 any questions you may have. 24 MS. BUSHNOE: Good morning, Commissioners, Judge 25 Tinley. I just wanted to tell you where we currently are on 12-14-09 55 1 our implementation project, to address the bacteria concerns, 2 and also tell you about future funding opportunities. Now, 3 Ray's given a good background about how the impairment was 4 identified. Every two years, the state assesses all 5 available water quality data and compares it to the 6 standards, and they found in 2002 that a reach of the Upper 7 Guadalupe River in Kerrville was exceeding the E. coli 8 bacteria levels of the standards for contact recreation, so 9 once they classified this as impaired, it's listed in the 10 state's water quality inventory and on EPA's list of impaired 11 water, the 303(d) list. So, we're talking about this segment 12 of the Upper Guadalupe River, but the impaired area is just 13 that red dotted line from the confluence of Town Creek 14 downstream to Flat Rock Lake. 15 COMMISSIONER BALDWIN: Do you have specific points 16 that you take samples? 17 MS. BUSHNOE: We do have specific locations. 18 COMMISSIONER BALDWIN: You do that every time? 19 Same place every time? 20 MS. BUSHNOE: Same place every time. 21 COMMISSIONER BALDWIN: Okay, thank you. 22 MS. BUSHNOE: And depending on the sampling 23 program, you do it regardless of if it's raining or flooding 24 or a drought or base flow, so that you are able to capture 25 all those. 12-14-09 56 1 JUDGE TINLEY: You say the impaired area is only 2 from where Town Creek flows into the Guadalupe River down to 3 Flat Rock Lake? 4 MS. BUSHNOE: Yes, that 3 and a half mile reach is 5 the T.C.E.Q. designated area. 6 JUDGE TINLEY: Okay. 7 MS. BUSHNOE: You know, there is tributaries coming 8 into there, obviously lots of land, different land use 9 activities in that area, so the project is going to, you 10 know, encompass all those, 'cause they're distributing -- 11 COMMISSIONER WILLIAMS: Tara? 12 MS. BUSHNOE: Yes, sir? 13 COMMISSIONER WILLIAMS: To Flat Rock here? Or 14 including -- 15 MS. BUSHNOE: It includes part of Flat Rock Lake, 16 so through -- I believe through Kerrville-Schreiner Park. 17 COMMISSIONER WILLIAMS: Okay. But not all the way 18 down to the dam? 19 COMMISSIONER BALDWIN: Does it take in Third Creek? 20 That's what we want to know. 21 MS. BUSHNOE: No, sir. 22 COMMISSIONER BALDWIN: Okay. 23 MS. BUSHNOE: Once the impairment is identified, 24 T.C.E.Q. must go through a total maximum daily load report 25 process, and it's just basically a budget for bacteria. So, 12-14-09 57 1 the desired is what is the total amount of bacteria that can 2 enter the system on a daily basis and have it meet the 3 standards, have it not be impaired. So, since it is 4 impaired, we're over budget, and we want to get to budget, 5 basically, so that's the percentage load reduction that needs 6 to be achieved. This report is accepted state and federal -- 7 at the state and federal level, and then the state must put 8 together an implementation plan, so now we know what we have 9 to reduce. How are you going to do that? And U.G.R.A. saw 10 this as an opportunity to have local input into the plan. 11 So, we applied for a grant a few years ago, as Ray mentioned, 12 to increase water quality monitoring, to try to zone in on 13 some of those bacteria sources, also to work with the 14 contractor to assess, you know, what kind of bacteria load 15 reduction can you get from excluding birds from roosting? Or 16 what can you get from having pet waste stations in the area? 17 All these different calculations. 18 We presented all this information to the state 19 stakeholder group periodically. Commissioner Letz and other 20 -- and City and County staff were on the group. And all of 21 those recommendations were sent to T.C.E.Q., and they really 22 included all of -- everything that we had given them in their 23 official plan. And the bulk of that plan are explanations of 24 these different management measures, best management 25 practices, all different things that can be done to reduce 12-14-09 58 1 the bacteria. One is reducing birds feeding at parks, 2 excluding birds from the bridges over the impaired area so 3 they can't root roost directly over the water, managing 4 waterfowl populations so they're not so concentrated, the 5 City's continuing work on rehabbing sewer lines and keeping 6 them inspected, and also the County's work on keeping 7 O.S.S.F.'s registered and inspected. 8 Pet waste -- pet owners' education program and some 9 pet waste stations. Talk to people about how pet waste is a 10 source for E. coli bacteria, especially at those riverside 11 parks, 'cause when it rains, that can get washed right into 12 the river. Education programs for livestock owners. There 13 are a few areas just on the upper reaches of Town and 14 Quinlan, and maybe on Camp Meeting just a little bit where 15 there are some livestock pretty close to the streams, so just 16 an education program for those landowners, and also reducing 17 nonpoint-source pollution through stormwater runoff. A lot 18 of this is done through the City of Kerrville's street 19 sweeping program, and we've proposed some education programs 20 for the general public about how nonpoint-source pollution 21 travels through the storm drain system. 22 So, there is kind of a long laundry list of 23 different things that can be done, and Section 319 of the 24 Clean Water Act is available funding in order to get some of 25 these in place. Annually, Congress allocates money through 12-14-09 59 1 Section 319 to the EPA, and they in turn give it to the 2 states. In Texas, it goes to T.C.E.Q. and the Texas State 3 Soil and Water Conservation Board. Soil Board handles the ag 4 focus projects; T.C.E.Q. handles the others. So, our project 5 is really well suited for this grant funding, because it 6 addresses nonpoint-source pollution, and especially in an 7 impaired area. And all of these projects need a 40 percent 8 local match of the total project cost, and that can be made 9 up of in-kind services. So, for example, U.G.R.A. staff time 10 coordinating the project, working to get all of these 11 implementation measures in place. Also, our water quality 12 monitoring activities, all of that, we apply a value to it, 13 and that goes towards the 40 percent necessary. We see an 14 opportunity to collaborate with other local entities -- Kerr 15 County, City of Kerrville, and TexDOT -- to get this 16 40 percent match for the grant application. And no county -- 17 or no entity is going to be asked to outlay any cash at all. 18 It all comes down through personnel, pretty much through 19 staff time and things that you're already doing that happen 20 to benefit this project. 21 So, I've put together this, you know, list of 22 activities that I think can contribute to this 40 percent 23 match. I already talked about U.G.R.A. For Kerr County, we 24 see a lot of opportunities to assist in education components, 25 especially that we've approved putting together a homeowners' 12-14-09 60 1 guide -- homeowners' guide of septic systems for people so 2 that they can recognize what they need to do to maintain 3 their systems properly, and how to spot a failing system. 4 Also, establishing -- we call it an O.S.S.F. priority area, 5 so there's a certain setback from those tributaries to the 6 river. May be 100 feet or 300 feet; I'm not quite sure yet. 7 In that zone, we're going to really try to market that 8 education program because of these citizens who, just by 9 proximity, do have the biggest impact on the surface water 10 values. We talked about putting some pet waste stations -- 11 about five stations for Flat Rock Park, specifically. So, 12 any county that's in the grant can pay for those stations. 13 County staff time to put them in, and also to maintain them 14 on a regular basis. If we can calculate that up to a value, 15 that can go towards the 40 percent match. And also, counties 16 have continued ability to accept -- through Animal Control, 17 to accept waterfowl removed from the parks, so any Animal 18 Control staff time to care for those animals can go towards 19 the match. 20 I've already had some preliminary conversations 21 with County staff, and really applaud their efforts to work 22 with me to kind of try to tease out a lot of these different 23 activities and how we can tally them up. And we also see 24 opportunities with City of Kerrville. Just -- we need their 25 input on these bird deterrent structure plans, their 12-14-09 61 1 continued work through the street sweeping program, and also 2 some education collaboration with them. And with TexDOT, 3 input on the plans, and also to provide traffic control when 4 those -- those bird deterrent structures are getting 5 installed. So, we're looking to put together the 6 application; it's due on the 18th, and awards would be 7 announced in the early spring, with funding to -- they are 8 three-year projects. Funding would start in September of 9 2010 and go through August of 2013. So, we'd really like to 10 partner with Kerr County to work towards that 40 percent 11 match component necessary for the grant. We see it as a 12 great opportunity to collaborate among entities to keep 13 improving water quality in the community. Thank you very 14 much. 15 JUDGE TINLEY: Any questions for Ms. Bushnoe? 16 COMMISSIONER BALDWIN: I have one. You and Ray 17 both made reference to Commissioner Letz. 18 MS. BUSHNOE: Yes. 19 COMMISSIONER BALDWIN: Does he drive y'all crazy 20 like he does everybody else? (Laughter.) 21 MS. BUSHNOE: No, he's trying to -- he's had some 22 really great input in those stakeholder meetings we proposed. 23 COMMISSIONER BALDWIN: That's what they all say in 24 the beginning. 25 COMMISSIONER WILLIAMS: You can be honest us. 12-14-09 62 1 MS. BUSHNOE: No, I definitely value his 2 contribution, for sure. 3 COMMISSIONER BALDWIN: Thank you. 4 MS. BUSHNOE: You're welcome. Thank you very much. 5 COMMISSIONER WILLIAMS: Thank you, Tara. 6 JUDGE TINLEY: Thank you. We appreciate your 7 presentation. 8 MS. BUSHNOE: Sure. 9 JUDGE TINLEY: Anything else with regard to that 10 particular item? 11 COMMISSIONER LETZ: No. I approve -- we have an 12 agenda item. I approve the resolution that is attached. 13 JUDGE TINLEY: Let me call the agenda item. Next 14 Item, Number 5; consider, discuss, take appropriate action to 15 adopt the resolution supporting U.G.R.A.'s grant application 16 to T.C.U. and Kerr County's participation as an in-kind 17 contributor. 18 COMMISSIONER LETZ: I move approval of the 19 resolution. 20 COMMISSIONER WILLIAMS: Second. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the resolution. Further question or discussion 24 on the motion? All in favor of the motion, signify by 25 raising your right hand. 12-14-09 63 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Thank you. 5 MS. BUSHNOE: Thank you. 6 JUDGE TINLEY: Thank you both for being here today. 7 Let's move to Item 7; consider, discuss, and take appropriate 8 action to discuss the concept plan for Lot 76 of Stone Leigh 9 Ranch located in Precinct 2. There's our Road and Bridge 10 Administrator with a very, very nice looking shirt on. 11 Appreciate you being here, Mr. Odom. 12 MR. ODOM: See, I'm a very honorable person. I 13 keep my bets. 14 COMMISSIONER LETZ: Who was the bet with? 15 MR. ODOM: Huh? 16 COMMISSIONER LETZ: Who was the bet with? 17 MR. ODOM: Eva. This I will never live down, 18 probably. I will have a picture in the Daily Times and 19 everything else. 20 COMMISSIONER BALDWIN: Eva, do you want me to take 21 it? 22 MS. HYDE: Please. 23 COMMISSIONER BALDWIN: Get over there. 24 (Commissioner Baldwin took a photograph.) 25 MR. ODOM: Cheese. 12-14-09 64 1 COMMISSIONER BALDWIN: Wait. Can you get him to do 2 this? (Made the "Hook 'em Horns" hand sign.) 3 MR. ODOM: No. 4 COMMISSIONER OEHLER: There's a limit to 5 everything. 6 MR. ODOM: There's a limit. There's a limit there. 7 I have something else that's not appropriate. I'm sorry, my 8 wife will not forgive me. Lot 76 of the Stone Leigh Ranch 9 Subdivision is a -- an unplatted piece of property. The 10 10.09 acres is located at 515 Red Bird Loop, and it's 11 currently owned by the Hardins. The Hardins would like to 12 divide the parcel into two tracts. The question the Hardins 13 have is the dedication of the road right-of-way upon 14 subdividing. The back lot is proposed to be 5.01 acres, and 15 the front lot is to be 5.08 acres if the Court will allow the 16 Hardins to convey by right-of-way easement instead of the fee 17 simple. This would make it -- if not, then the fee simple 18 would make the front lot only 4.76 acres, which would cause 19 water issues. Under our 7.02 section of our subdivision 20 rules, a road easement is allowed. If you take this out, 21 we're doing this because -- they're doing this because of 22 road -- I mean, water availability, and this is the way to do 23 that. That road is by that easement. It's not fee simple 24 that's dedicated to us. If the Court accepts the Hardin's 25 concept plan, they would like to come back to the Court at a 12-14-09 65 1 future meeting and subdivide this lot under the alternate 2 plat process. 3 COMMISSIONER LETZ: Leonard, I think -- I certainly 4 have no problem, but I think -- can't we also -- and I'm 5 thinking of -- is it J.J. Lane? Or J.J. Lane is not a county 6 road, is it? 7 COMMISSIONER WILLIAMS: Yeah. Well, not a 8 County-maintained road. 9 MR. ODOM: Not a county -- it's a private road. 10 COMMISSIONER LETZ: Private road. I mean, I -- you 11 know, I guess I don't have any problem with it, certainly 12 with the concept of letting them do this. Somehow they need 13 to get credit for that right-of-way. Whether it's deeded fee 14 simple or by easement doesn't make any difference to me; 15 whichever they'd rather do, or you'd rather take. 16 COMMISSIONER WILLIAMS: In this case, we've allowed 17 them to have 2 acres at 5-plus. 18 COMMISSIONER LETZ: Right. Right. But, I mean, I 19 think the intent of the water availability is clearly to take 20 the gross acreage and -- and I think this meets that. 21 MR. ODOM: It meets that. 22 COMMISSIONER LETZ: So I think -- 23 MR. ODOM: Whichever way they wish to go. 24 COMMISSIONER LETZ: I think it's perfectly 25 acceptable. 12-14-09 66 1 COMMISSIONER WILLIAMS: So you're just looking for 2 some consensus? 3 MR. ODOM: Some way to lead -- that's acceptable to 4 you so we won't have a variance on your 5.09. 5 COMMISSIONER LETZ: Either way. It doesn't make -- 6 I don't think -- well, if we have to do a variance, we have 7 to do a variance, but either way is fine. 8 COMMISSIONER BALDWIN: I agree with them. 9 COMMISSIONER WILLIAMS: I don't have any problem 10 with it. 11 MR. ODOM: All right, sir. 12 JUDGE TINLEY: Are we ready to move on to the next 13 item? 14 COMMISSIONER LETZ: I guess the only advantage to 15 doing fee simple, if they do the easement, then they've got 16 to pay taxes. If they do it fee simple, we -- you know -- 17 MR. ODOM: We have it totally, and -- but since the 18 rest of the road is basically road easement, -- 19 COMMISSIONER LETZ: Right. 20 MR. ODOM: -- I don't -- 21 COMMISSIONER LETZ: It qualifies. 22 MR. ODOM: It qualifies. 23 COMMISSIONER WILLIAMS: Yeah, it's good. 24 JUDGE TINLEY: Okay. Ready to move on to the next 25 item? 12-14-09 67 1 MR. ODOM: Yes, sir. 2 JUDGE TINLEY: Let's go to Item 8; consider, 3 discuss, take appropriate action for approval of the 4 preliminary revision of plat on Lot 25 in Ingram Hills 5 Subdivision, and located in Precinct 4. 6 MR. ODOM: Yes, sir. Back about a year ago, 7 Mr. Hardy came to the Court. We had a preliminary and then 8 we had a public hearing, and then the timeline, it expired, 9 and he is back again. This was May the 27th, 2008, we had 10 that public hearing concerning this revision of plat, but 11 they never proceeded. Mr. Hardy would now like to proceed 12 with revision of plat for Lot 25 in Ingram Hills Subdivision. 13 He is dividing this into four lots. That is better than the 14 six lots that he would be allowed to do. He is in the ETJ of 15 Ingram, a high density O.S.S.F. and it has community water. 16 At this time, we ask the Court for their approval of the 17 preliminary plat. We'll come back to the Court for the final 18 revision of plat at a future court date. I don't think we 19 would have a problem. I don't think we need another public 20 hearing. We've already had one, and just present a new 21 preliminary plat, which is essentially the same thing we 22 have. 23 COMMISSIONER BALDWIN: The lot sizes are larger 24 this time around than they were in the original plan? 25 MR. ODOM: Well, the original was 12.881 acres, was 12-14-09 68 1 one lot, so he's wanting to divide that. If you -- 2 COMMISSIONER BALDWIN: I see, yeah. 3 MR. ODOM: If you go into the rules, it says it's 4 divisible by two, so that's six lots. So, he still has the 5 ability to do these four lots, which would come under the 6 alternate plat process. 7 COMMISSIONER WILLIAMS: The lady back there 8 looks like -- 9 MS. COLBATH: Sorry. I live on Lot 25, and that's 10 why I'm here. My husband and I bought -- 11 JUDGE TINLEY: Ma'am, if you -- 12 MR. ODOM: Would you like to -- 13 JUDGE TINLEY: -- have something to say on this 14 issue, come forward and tell us your name and address, and 15 then tell us what you have to say about this item. 16 MR. ODOM: They won't make fun of you just 'cause I 17 have my hat on. 18 JUDGE TINLEY: Okay. 19 MS. COLBATH: I live on Lot 25, on part of it. 20 And -- 21 JUDGE TINLEY: And your name and address, please? 22 MS. COLBATH: It's Ingrid Colbath, 110 Butler Road. 23 JUDGE TINLEY: Okay, thank you. 24 MS. COLBATH: My husband and I purchased a part of 25 Lot 25 a couple years ago from Mr. Hardy, and the survey was 12-14-09 69 1 done last year. However, we've been waiting for the final 2 survey so that we could -- I mean in the approval of the 3 replat so that my husband and I can get our deed and title 4 and policy on our 2 and a half acres. And Mr. Voelkel has 5 been out and surveyed our portion of Lot 25 out of the 6 12.81-acre total. And I guess, basically, that's it. We've 7 had the O.S.S.F. I had Mr. Digges -- Charlie Digges come 8 out, and he did a feasibility study for an O.S.S.F. facility 9 on the Lot D, which is in the back, four point something 10 acres, which was the only lot that, evidently, the Court 11 decided they needed some feasibility study on for both water 12 and O.S.S.F. feasibility. And that's all been done. So, 13 that's my only interest here, is hoping that this gets 14 finalized so that my husband and I can own part of that 15 property that we've already bought. 16 JUDGE TINLEY: This is one of the steps that's 17 going to move that process along. 18 MS. COLBATH: Yes, sir. Thank you very much. 19 JUDGE TINLEY: Okay. Thank you, ma'am. 20 MR. ODOM: Thank you. 21 MS. COLBATH: Yes, sir. 22 COMMISSIONER OEHLER: I move approval of the agenda 23 item. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded for 12-14-09 70 1 approval of the agenda item. Questions or discussion? 2 COMMISSIONER LETZ: Just one other question on the 3 water system. Do we have a letter, or are we getting a 4 letter that they're -- they have the capacity to add -- 5 MR. ODOM: You know, I would -- I cannot answer 6 that specifically, other than I know that there was a water 7 system when we had the preliminary before. Commissioner, I 8 would assume I had all that. I did not -- 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER OEHLER: I remember it being there, 11 anyway. 12 COMMISSIONER LETZ: But I just wondered, with the 13 preliminary, since we have to redo it, we probably ought to 14 get that letter at least reinitialed or something to show 15 they do have that. 16 MR. ODOM: We'll do that for the final. How's 17 that? 18 COMMISSIONER LETZ: For the final. 19 MR. ODOM: For the final. 20 COMMISSIONER LETZ: Right. 21 JUDGE TINLEY: Further question or discussion? All 22 in favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 12-14-09 71 1 JUDGE TINLEY: That motion does carry. Let's move 2 to Item 9; consider, discuss, and take appropriate action to 3 set a public hearing for the revision of plat for Lots 132 4 and 133 of the Vistas Escondidas de Cypress Springs Estates, 5 and located in Precinct 4. 6 MR. ODOM: Yes, sir. This is two lots being 7 revised into one lot. Lot 132-R will then serve -- be served 8 by a central water system. And at this time, no review is 9 required by O.S.S.F. The Vistas Escondidas de Cypress 10 Springs is a platted subdivision. Therefore, the dividing of 11 Lot 132 and 133 must follow the revision of plat process. 12 So, at this time, we ask the Court to set a public hearing 13 for January the 25th, 2010, at 9:30 a.m. 14 COMMISSIONER OEHLER: So moved. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded to set a 17 public hearing on the matter for January 25th, 2010, at 18 9:30 a.m. Question or discussion on the motion? All in 19 favor of the 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. 24 COMMISSIONER BALDWIN: Thank you. 25 JUDGE TINLEY: Thank you, Mr. Odom. 12-14-09 72 1 MR. ODOM: Yes, sir. 2 JUDGE TINLEY: And thank you for being such a good 3 sport. 4 MR. ODOM: It was a good bet. And I hope next 5 year, it'll -- somebody else will be wearing maroon. 6 COMMISSIONER BALDWIN: They won't. How long do you 7 have to go through that? 8 MS. HYDE: All day. 9 COMMISSIONER BALDWIN: Today? 10 MS. HYDE: All day. 11 COMMISSIONER OEHLER: I understood it was just 12 during the courthouse -- court time. 13 MS. HYDE: All day. 14 MR. ODOM: But I will say, there is a touch of 15 maroon on this shirt at the bottom and at the top. So, my 16 heart is still maroon. (Laughter.) 17 COMMISSIONER WILLIAMS: At the bottom of the shirt? 18 MR. ODOM: Sir? 19 COMMISSIONER WILLIAMS: At the bottom of the shirt? 20 MR. ODOM: The last button. 21 COMMISSIONER WILLIAMS: Don't show it. (Laughter.) 22 JUDGE TINLEY: Thank you, Mr. Odom. I notice you 23 have your windbreaker there to cover up with. 24 MR. ODOM: Well, I thought could I get away with 25 that. The deal was to wear the shirt, and I was trying to 12-14-09 73 1 cover it up. 2 JUDGE TINLEY: This might be a good place to take a 3 15-minute recess. We'll be in recess for 15 minutes. 4 (Recess taken from 10:29 a.m. to 10:44 a.m.) 5 - - - - - - - - - - 6 JUDGE TINLEY: Okay, let's come back to order, if 7 we might. Let's go to Item 10; consider, discuss, and take 8 appropriate action on the San Antonio AirLIFE Guardian Angel 9 plan. I put this back on the agenda. There were some 10 employees inquiring about if we're going to move forward on 11 this based upon the presentation that was made by the 12 representative from Guardian AirLIFE. I think probably the 13 only issue is what the source of funding is. If it's going 14 to be a matter of -- of self-funding by each of the employees 15 for the benefit of their families, why, the H.R. Director's 16 going to have to figure out how to set that up. If it's 17 going to be a matter where Kerr County does that as an 18 additional benefit to its employees, why, then, of course, 19 there's a different implementation methodology. But where 20 are we, folks? What's the pleasure of the Court? 21 COMMISSIONER BALDWIN: How much total money are we 22 talking about if the County pays? And I just assume that you 23 pay for everybody, whether Joe Employee over at the next 24 department wants it or not. We automatically sign everybody 25 up? 12-14-09 74 1 JUDGE TINLEY: Provide that as a benefit to our 2 employees under their health benefits program? At $10 a pop, 3 you're looking at -- maximum of maybe 300 employees; you're 4 looking at $3,000. 5 COMMISSIONER WILLIAMS: Is this a one-time fee or 6 an annual fee? 7 JUDGE TINLEY: That's annual. 8 MS. HYDE: Annual. 9 COMMISSIONER LETZ: I think we offer it up to each 10 employee, and do it as a payroll deduction if they want to do 11 it. 12 COMMISSIONER BALDWIN: That's fine. That's fine. 13 I'm just trying to find out, you know, what the cost is. 14 JUDGE TINLEY: Was that a motion, Commissioner? 15 COMMISSIONER LETZ: Yes, it was. 16 JUDGE TINLEY: We have a motion. 17 COMMISSIONER WILLIAMS: I'll second it. 18 JUDGE TINLEY: And a second for -- to permit 19 payroll deduction for the purpose of enrolling, with the cost 20 to be paid by the employee. Question or discussion? 21 COMMISSIONER WILLIAMS: One question. Is there any 22 minimum number of people you need to enroll? 23 MS. HYDE: 100. At least 100. 24 COMMISSIONER WILLIAMS: 100. 25 COMMISSIONER LETZ: I thought there wasn't a 12-14-09 75 1 minimum. 2 MS. HYDE: At least 100 people that have to sign 3 up. 4 SHERIFF HIERHOLZER: If the County doesn't provide 5 it, at least 100 have to sign up. 6 COMMISSIONER BALDWIN: And we have 300 employees; 7 is that right? 8 MS. HYDE: Give or take, yes, sir. 9 COMMISSIONER LETZ: How much is it? $10? 10 JUDGE TINLEY: $10 a year. 11 MS. GRINSTEAD: Based on the responses I got, I 12 don't think it will be hard to get 100. 13 COMMISSIONER WILLIAMS: You don't think what, Jody? 14 MS. GRINSTEAD: I don't think it will be hard to 15 get 100. 16 COMMISSIONER WILLIAMS: It will not be too hard? 17 MS. HYDE: To set everyone's mind at ease, I 18 notified the other company in town four times, talked with 19 them four times, and we haven't received anything back. So, 20 they -- you know, we encouraged them to come talk. 21 COMMISSIONER LETZ: Okay. Good. 22 JUDGE TINLEY: Any further question or discussion 23 on the motion? All in favor of the motion, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 12-14-09 76 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Let's move 4 to Item 11; consider, discuss, and take appropriate action to 5 designate Commissioners' and Judge's liaison appointments for 6 various functions for calendar year 2010. 7 COMMISSIONER WILLIAMS: Same as last year? 8 JUDGE TINLEY: Well, we've got -- that's what we 9 got as a starting place, at least. If there's any desire to 10 make any changes, why, it's there. Anybody that doesn't like 11 where they are, want to go somewhere else? Or -- 12 COMMISSIONER BALDWIN: Well, you saw the great job 13 I did with the EMS thing this morning, so I've got to stay 14 with that thing. There's no telling what we'll win next. 15 JUDGE TINLEY: Rusty -- Rusty wants to run for 16 commissioner so he can be appointed, apparently. He has his 17 hand up. 18 SHERIFF HIERHOLZER: Not hardly. But three years 19 ago, I think we had Buster. The last two years, I've had Mr. 20 Letz -- Commissioner Letz. And I would ask that the Court 21 consider, if he will take it, Bruce Oehler for the jail and 22 Sheriff's Office this year; let everybody see the different 23 things. Bruce doesn't have enough to do. 24 COMMISSIONER OEHLER: That's quite a claim. 25 COMMISSIONER BALDWIN: I'll second that motion. 12-14-09 77 1 JUDGE TINLEY: As soon as you find somebody to make 2 it where you can second it. (Laughter.) 3 COMMISSIONER LETZ: Aren't you off the airport -- 4 the library? 5 COMMISSIONER OEHLER: Well, basically. I mean, 6 that's really a non -- non-issue, because we're just 7 contributing a set amount of money, and we don't -- we never 8 really had any say anyway. 9 COMMISSIONER LETZ: I mean, do we need to leave the 10 library in here? 11 COMMISSIONER OEHLER: Hmm? 12 COMMISSIONER LETZ: Do we need to leave that on the 13 list? 14 COMMISSIONER OEHLER: Leave it on the list. I go 15 periodically, whenever they have stuff that's just of 16 interest. Whenever they're talking about new building -- 17 COMMISSIONER LETZ: Okay, that's good. 18 COMMISSIONER OEHLER: -- funding, which we're not 19 going -- I guess maybe to protect us from being blindsided 20 with a request for funding or something like that. 21 MS. HYDE: Y'all could trade. 22 COMMISSIONER OEHLER: That'd be fine. Jon, you can 23 take library. 24 COMMISSIONER LETZ: I mean, in reality -- when does 25 the Library Board meet? 12-14-09 78 1 COMMISSIONER OEHLER: It meets once a month; it's 2 on the second Tuesday, I believe. 3 COMMISSIONER LETZ: What time? 4 COMMISSIONER OEHLER: 4 o'clock. 5 COMMISSIONER LETZ: That's all right. I'll do 6 that. I'll do library; I've never done the library. 7 COMMISSIONER OEHLER: That works for me. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER WILLIAMS: What are you adding? 10 COMMISSIONER LETZ: We're just switching law 11 enforcement for library. 12 COMMISSIONER OEHLER: We just swapped. 13 COMMISSIONER LETZ: The City will be so happy. 14 COMMISSIONER OEHLER: Of course they will. 15 COMMISSIONER WILLIAMS: They'll be happy to see you 16 on the Library Board. 17 COMMISSIONER LETZ: Yeah. 18 COMMISSIONER OEHLER: They would absolutely like to 19 see a different face than mine. 20 COMMISSIONER WILLIAMS: I can hear the cheer going 21 up now. 22 COMMISSIONER OEHLER: They probably already 23 started. 24 JUDGE TINLEY: Anything else? 25 COMMISSIONER WILLIAMS: Move approval of the 12-14-09 79 1 liaison appointments with the change that removes 2 Commissioner Oehler from the Library Board and puts 3 Commissioner Letz in that place, and puts Commissioner Oehler 4 on the Sheriff's -- 5 JUDGE TINLEY: Law enforcement/jail. 6 COMMISSIONER WILLIAMS: -- law enforcement/jail. 7 COMMISSIONER OEHLER: What about one more? We have 8 the Court Compliance office over here, and we don't have an 9 appointed liaison for that office. 10 COMMISSIONER WILLIAMS: Never have had. 11 COMMISSIONER OEHLER: Do you think we need to or 12 not? 13 COMMISSIONER WILLIAMS: Something to talk about. 14 COMMISSIONER LETZ: We don't have -- we don't have 15 -- I mean, I don't have a problem with that one, but we don't 16 have -- what's your job? -- H.R. on here either. 17 COMMISSIONER OEHLER: And I.T., but that's okay. 18 Those are -- 19 COMMISSIONER WILLIAMS: We don't have H.R. listed, 20 although you and I have done some work with H.R. in the past. 21 COMMISSIONER OEHLER: Continuously. 22 COMMISSIONER WILLIAMS: That's probably one that 23 ought to be on there, really, Human Resources. 24 COMMISSIONER OEHLER: I guess it could be. I think 25 we all kind of have a shot at that one. 12-14-09 80 1 MS. PIEPER: Bruce Oehler would be good with Court 2 Compliance as well. 3 JUDGE TINLEY: Say again? 4 MS. PIEPER: Commissioner Oehler would be good with 5 Court Compliance as well. 6 COMMISSIONER OEHLER: Hey, now, wait a minute. 7 (Laughter.) Whoa, whoa, whoa. 8 COMMISSIONER WILLIAMS: I wouldn't mind working 9 with Ms. Hyde on human resources issues. The County Judge 10 also works on those issues. 11 JUDGE TINLEY: Mm-hmm. 12 COMMISSIONER LETZ: I think it's good to -- you 13 know, to -- I think we ought to have an I.T. person, 14 personally, too. 15 COMMISSIONER OEHLER: That wouldn't do me any good 16 to play with that one. 17 JUDGE TINLEY: Yeah, I see as possibilities Court 18 Compliance, I.T., and H.R. That pretty well fills out the 19 list, according to my recollection. 20 COMMISSIONER LETZ: Any of them. Makes no 21 difference to me. 22 MS. GRINSTEAD: Is there one for Road and Bridge 23 also? 'Cause it's on there; I added it, but we didn't have 24 it before. I don't know. 25 COMMISSIONER LETZ: I mean, the only thing that 12-14-09 81 1 Road and Bridge -- and I'm kind of -- Leonard comes to me for 2 subdivision questions. 3 JUDGE TINLEY: Subdivision. 4 COMMISSIONER LETZ: But, you know, obviously, it 5 doesn't -- I mean, that's the only really county-wide thing. 6 I think he goes to each of us individually for individual 7 precinct issues, roads and all that stuff. 8 COMMISSIONER OEHLER: Mm-hmm. 9 COMMISSIONER LETZ: Which is what he should do. 10 MS. GRINSTEAD: Just someone had requested that. 11 COMMISSIONER OEHLER: Seems to me the County Judge 12 is a little lacking in the number of duties he has here for 13 various -- 14 JUDGE TINLEY: Yeah, I really need something else 15 to do. 16 COMMISSIONER OEHLER: I know he has plenty of other 17 duties. 18 COMMISSIONER WILLIAMS: Why don't I withdraw the 19 motion I offered and we start again here? (Laughter.) 20 JUDGE TINLEY: You want to keep what you got and 21 add something to it, is what you're saying? 22 COMMISSIONER WILLIAMS: I think we're going down 23 that add-to road here. 24 JUDGE TINLEY: Okay. Okay. 25 COMMISSIONER LETZ: I mean, if you -- I mean, you 12-14-09 82 1 can put road -- put Road and Bridge/Subdivision. I'm doing 2 that. I don't know that it needs to be on here, but that's 3 something I -- 4 COMMISSIONER WILLIAMS: Well, it needs to be on 5 there, because we get a report every now and then. 6 COMMISSIONER LETZ: Okay. 7 COMMISSIONER WILLIAMS: And that's just -- I think 8 this is in keeping with the Open Meetings Act on things that 9 we possibly will talk about during any given Commissioners 10 Court meeting. 11 JUDGE TINLEY: Road and Bridge-slash-Subdivisions? 12 COMMISSIONER LETZ: Right. 13 JUDGE TINLEY: Commissioner Letz, okay. 14 COMMISSIONER OEHLER: That works. 15 COMMISSIONER BALDWIN: Well, let's see now. 16 COMMISSIONER LETZ: Buster's thinking. 17 COMMISSIONER BALDWIN: Well, I am. I've had two 18 thoughts this week. And -- 19 SHERIFF HIERHOLZER: That's dangerous. 20 JUDGE TINLEY: Don't start at the first one. 21 COMMISSIONER BALDWIN: I'm not -- I've already 22 forgotten what the first one was. I just want to be careful 23 that -- that you're not doing things with Road and Bridge in 24 my precinct, and I don't know about it. 25 COMMISSIONER LETZ: That's what I say; this is only 12-14-09 83 1 subdivision. 2 COMMISSIONER BALDWIN: I don't want that to happen. 3 COMMISSIONER LETZ: I don't know -- 4 COMMISSIONER BALDWIN: And neither do y'all. 5 COMMISSIONER LETZ: No, we don't need that to come 6 down to Precinct 3. You know, this is -- I mean, the only 7 thing I do there, and I don't see any change, is that if 8 there is a -- a platting issue as to the interpretation of 9 our rules or state law, either Kelly or Leonard calls me 10 right now. 11 COMMISSIONER BALDWIN: Yeah. 12 COMMISSIONER LETZ: And that's what it is. 13 COMMISSIONER BALDWIN: I'm all for that. Well, 14 they do that anyway. 15 COMMISSIONER LETZ: That's what I said. It's not 16 really a change, I don't think. It's a -- it's just doing 17 it. I think -- you know, I don't think Leonard's going to -- 18 you know, and I think in all these things, I think it's 19 important that, whether you're liaison or not, you know, you 20 can be involved as much as you want with any of these 21 departments, and you should be involved in all departments. 22 COMMISSIONER OEHLER: Well, now, the major 23 involvement is really more of a -- of information-type stuff 24 in the ones I deal with, which mainly is Animal Control and 25 Environmental Health, to where I'm kept aware of everything 12-14-09 84 1 that goes on in both in everybody's precinct, as well as 2 y'all get copies of everything going on in your own 3 individual, just so that people calling and questioning me, I 4 have information about what's going on, you know. 5 COMMISSIONER LETZ: But, like -- but in, like, 6 Environmental Health, I mean, I don't think you get involved 7 in the details in my precinct. 8 COMMISSIONER OEHLER: Absolutely not. 9 COMMISSIONER LETZ: You just know what they're 10 doing. 11 COMMISSIONER OEHLER: Yeah. 12 COMMISSIONER LETZ: Because if they -- if you are 13 getting involved, then they're spending way too much time 14 explaining what they're doing, because they call me about it, 15 which is what I want them to do. 16 COMMISSIONER OEHLER: No, that's not the -- that's 17 not the deal. And everything, I think, deals with more of, 18 you know, just kind of the day-to-day operation somewhat, and 19 whenever they feel like I need to be informed about 20 something. But I don't make decisions for them. 21 JUDGE TINLEY: So, Road and Bridge/Subdivisions. 22 COMMISSIONER LETZ: I think just put -- get "Road 23 and Bridge" off. 24 JUDGE TINLEY: Put precinct commissioner-slash -- 25 COMMISSIONER LETZ: Why don't we get rid of "Road 12-14-09 85 1 and Bridge" and just put "Subdivision." 2 JUDGE TINLEY: Okay. 3 COMMISSIONER WILLIAMS: That's better. Probably 4 less confusion. 5 COMMISSIONER OEHLER: That works. 6 COMMISSIONER BALDWIN: And leave that just Letz. 7 JUDGE TINLEY: Mm-hmm. 8 COMMISSIONER BALDWIN: Okay. So, we have H.R., 9 Court Compliance, and I.T. 10 COMMISSIONER LETZ: Out of that list, my preference 11 would be either Court Compliance or H.R. 12 COMMISSIONER WILLIAMS: Your preference? 13 COMMISSIONER LETZ: Yeah. 14 COMMISSIONER WILLIAMS: For you? 15 COMMISSIONER LETZ: 'Cause I don't understand I.T. 16 COMMISSIONER OEHLER: Do you think anybody -- well, 17 Bill might. 18 COMMISSIONER WILLIAMS: Well, I would volunteer for 19 H.R. And the Judge has always been on H.R. 20 COMMISSIONER BALDWIN: And then let's give Number 21 3, I mean -- Court Compliance? 22 COMMISSIONER LETZ: What are you getting? H.R.? 23 COMMISSIONER OEHLER: Hey, I just got the Sheriff. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER BALDWIN: He just took over. 12-14-09 86 1 COMMISSIONER LETZ: Then I'll do Court Compliance. 2 COMMISSIONER BALDWIN: Okay. 3 COMMISSIONER OEHLER: Do I get extra time for this? 4 SHERIFF HIERHOLZER: Overtime pay. 5 COMMISSIONER WILLIAMS: A gold star. 6 COMMISSIONER OEHLER: Yeah. 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER BALDWIN: Bruce has got I.T.? 9 COMMISSIONER OEHLER: Not me. 10 COMMISSIONER BALDWIN: You're Bruce. 11 COMMISSIONER OEHLER: I don't get I.T. 12 COMMISSIONER LETZ: Buster gets I.T. 13 COMMISSIONER BALDWIN: John and I will kill each 14 other. 15 COMMISSIONER LETZ: Good. 16 COMMISSIONER BALDWIN: I'll take it. 17 COMMISSIONER OEHLER: How about the Judge takes 18 I.T.? 19 COMMISSIONER LETZ: No, he gets I.T. 20 COMMISSIONER OEHLER: Oh, no, we got a real 21 problem. 22 COMMISSIONER BALDWIN: Yep. 23 JUDGE TINLEY: You guys want me to take I.T.? 24 COMMISSIONER BALDWIN: Yep. 25 MS. PIEPER: Yes. 12-14-09 87 1 SHERIFF HIERHOLZER: Didn't take long. 2 COMMISSIONER WILLIAMS: Not a bad suggestion, 3 Judge. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER WILLIAMS: Let me see the list so I 6 can move it. 7 JUDGE TINLEY: I got it right here. 8 COMMISSIONER OEHLER: Are you going to do Court 9 Compliance? 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER WILLIAMS: Let's read it in the 12 record. 13 JUDGE TINLEY: All right. 14 COMMISSIONER WILLIAMS: I move that we approve the 15 liaison appointments, with the following changes: Library 16 Board becomes Jonathan Letz. Law enforcement becomes Bruce 17 Oehler. We're adding to our assignments Subdivision, 18 Commissioner Letz; Court Compliance, Commissioner Letz; I.T., 19 County Judge; H.R., Commissioner Williams and County Judge. 20 JUDGE TINLEY: Is that your motion, then? 21 COMMISSIONER WILLIAMS: That's a motion. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: We have a motion and a second. 24 Question or discussion on that motion? All in favor of that 25 motion, signify by raising your right hand. 12-14-09 88 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion carries. Thank you, 5 gentlemen. Let's move to Item 12; consider, discuss, and 6 take appropriate action to reappoint two members of Emergency 7 Services District Number 2, and possibly new appointment of 8 one member. Commissioner 4? 9 COMMISSIONER OEHLER: It's time to make -- I have 10 two names for reappointment today. We'll be one short, but 11 I'm waiting on an answer for that new appointment. So, I 12 recommend that we reappoint Ben Alves and Evelyn Bloys to the 13 ESD Number 2 as commissioners. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for the 16 appointment of Ben Alves and Evelyn Bloys. These are 17 reappointments? 18 COMMISSIONER OEHLER: Yes. 19 JUDGE TINLEY: As members of the board of Emergency 20 Services District Number 2. Question or discussion on the 21 motion? 22 COMMISSIONER BALDWIN: You said there was -- is 23 there three openings? 24 COMMISSIONER OEHLER: Well, there -- there are 25 three openings, but they'll still have a quorum with -- with 12-14-09 89 1 these two -- 2 COMMISSIONER BALDWIN: I understand. 3 COMMISSIONER OEHLER: -- appointments. 4 COMMISSIONER BALDWIN: So, how many is on the 5 board? 6 COMMISSIONER OEHLER: Five. 7 COMMISSIONER BALDWIN: There's five, so three this 8 time and two next time? 9 COMMISSIONER OEHLER: Right. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER OEHLER: And I'm still working on the 12 one, just because there may be a conflict, and she has to 13 make sure it's not a conflict with her job, which I don't see 14 the problem. 15 COMMISSIONER BALDWIN: Is this a new appointment? 16 A new person? 17 COMMISSIONER OEHLER: Yes. 18 JUDGE TINLEY: Further question or discussion on 19 the motion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion carries. Item 13 is to 25 consider, discuss, take appropriate action to authorize 12-14-09 90 1 educational step increase in accordance with existing policy 2 for employees of Auditor's office who receive training and 3 certification as certified investment officers. I put this 4 on the agenda because of the recent training and 5 certification by Tracy Soldan as a certified investment 6 officer. She, along with our Treasurer, Mindy Williams, went 7 to this training and received certification. And, as I'm 8 sure the Court is aware, approximately 10 years ago now, the 9 Court adopted a policy to allow for a one-step increase for 10 -- for educational incremental increases, and I think this 11 falls under -- under that program. So, that step increase 12 would be a one-step educational increase. 13 COMMISSIONER WILLIAMS: Move approval. 14 COMMISSIONER BALDWIN: I'll second it, but I have a 15 question. 16 JUDGE TINLEY: Motion made and seconded. Question 17 or discussion? 18 COMMISSIONER BALDWIN: What is -- is that -- has 19 this particular one been budgeted? Did we see this coming 20 when we did the budget? 21 JUDGE TINLEY: I don't think we did. And it's 22 going to be effective November 1, because the training was 23 completed and certification as of October 30th, I believe, so 24 there's going to have to be some payroll adjustment in 25 connection with that. Now, source of funding. Ms. Hargis? 12-14-09 91 1 MS. HARGIS: Going to take it out of my extra 2 part-time help. 3 COMMISSIONER BALDWIN: What do we -- where do we 4 put the money that -- like law enforcement, that we know is 5 going -- this is going to happen? 6 MS. HARGIS: We budget part of it. We don't budget 7 all of it, because we don't know exactly how many people are 8 going to it and how many people are not, so we take the 9 median, which is generally what we've done. 10 COMMISSIONER BALDWIN: Okay. You take the median, 11 and then where do you put that money? 12 MS. HARGIS: We put it in a salary line item. 13 COMMISSIONER BALDWIN: In the Sheriff's Office? 14 MS. HARGIS: Mm-hmm. 15 COMMISSIONER BALDWIN: Where -- you're going to 16 take this one from where? 17 MS. HARGIS: My part-time line item. 18 COMMISSIONER BALDWIN: Okay. 19 MS. HARGIS: It just didn't dawn on me when I had 20 to go to the school too that she's going to be certified, and 21 so it's my fault for not, you know, seeing ahead on that one. 22 But it is a pretty -- it is a week-long -- it is a -- you 23 know, it's an asset to the department. 24 COMMISSIONER BALDWIN: You think I'm fussing with 25 you about it, but I'm not. This is one of the best things 12-14-09 92 1 we've ever done, I think, is -- is rewarding people to get 2 education. My god, that's what we're supposed to be doing. 3 COMMISSIONER LETZ: Also keeps them around. They 4 lose that when they leave. 5 COMMISSIONER WILLIAMS: How does that annualize 6 out? 7 MS. HARGIS: $900. 8 COMMISSIONER WILLIAMS: How much? 9 MS. HARGIS: $900. 10 COMMISSIONER WILLIAMS: Okay, thank you. 11 COMMISSIONER BALDWIN: Very good. 12 COMMISSIONER LETZ: Okay. 13 JUDGE TINLEY: Further question or discussion on 14 the motion? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Next item 20 is Number 14; consider, discuss, and take appropriate action 21 to designate county representative to serve on the Economic 22 Development Task Force. I put this on the agenda. As I'm 23 sure most of you are aware, there is a transition going on 24 with respect to the economic development function in Kerr 25 County. Initially, there was one effort recently made 12-14-09 93 1 proposing that the City take that over in-house. That effort 2 was not approved by City Council. Instead, the -- the plan 3 being worked on at this point is to appoint a -- a task force 4 composed of, I believe, 10 individuals from the various 5 stakeholders involved in the economic development function. 6 City Council has appointed the mayor. We've got others 7 involved; KPUB, KEDF, KISD, EIC, and there will be a small 8 and a large business rep, and there are some others that make 9 up the total. There's a request that the County, by vote of 10 this body, appoint a representative, being either -- being a 11 member of this Court, either myself or one of the 12 Commissioners, to serve in that capacity. 13 COMMISSIONER BALDWIN: Judge, I would want you to 14 serve there, simply because of your work that you've put in 15 this thing so far, and probably the most important thing they 16 do. I understand all the wonderful things they do; I hear 17 about it every day. But the really -- the really important 18 thing that they're doing -- you all are doing, you're doing, 19 is the leveling of the ad valorem and the business taxes. I 20 think that that is an issue that we're 100 years overdue. 21 And you're the only -- you've been in the driver's seat for a 22 number of years of doing that, and I would hate to lose that, 23 because that's a strong thing going on. 24 COMMISSIONER WILLIAMS: I agree with that 100 25 percent. 12-14-09 94 1 COMMISSIONER BALDWIN: Would you second my motion? 2 COMMISSIONER WILLIAMS: Absolutely, I would. 3 COMMISSIONER BALDWIN: All right. Done deal. 4 JUDGE TINLEY: We have a motion and a second. 5 Question or discussion? All in favor of the motion, signify 6 by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion carries. Thank you. I 11 appreciate that. And as you know, that is probably my number 12 one priority for many years, is economic development. I note 13 that Mr. Peter Lewis is here, so I want to move to Item 23, 14 give him an opportunity. Consider, discuss, take appropriate 15 action to authorize and/or approve preliminary planning, 16 evaluation, and other preconstruction activities or 17 procedures in connection with proposed Law Enforcement 18 Annex-slash-Adult Probation building, including, but not 19 limited to, approval of floor plans and/or specifications, 20 and authorizing appropriate bid and/or construction documents 21 and advertising for bids and/or proposals for various aspects 22 for the construction of the building and related 23 improvements. 24 MR. LEWIS: Could you read that one more time? 25 (Laughter.) Judge, Commissioners, thank you. I actually 12-14-09 95 1 wanted to report on two projects; one is the windows, and the 2 annex, but I'll report on the annex first, since it's the 3 agenda item. We -- we have completed the development site 4 plan review process with the city, which means that the City 5 has reviewed our site plan and building concept formally, 6 through a process that addressed drainage detention, 7 utilities, zoning, parking, fire marshal, and have made it 8 through that. We have -- we're in one last conversation with 9 the fire marshal about turnaround for his fire trucks on the 10 property. We think we have a good solution that makes sense 11 for y'all, and that's what we're advocating. But other than 12 that, the site issues have been addressed, and that includes 13 detention ponds over there. You know there's a big drainage 14 issue there. We have all of our consultants' work complete, 15 which means mechanical, electrical, plumbing, structural 16 engineer, civil engineer, site work. We're doing final 17 coordination on that. 18 We're going to meet with staff one more time this 19 week, with Clay and whoever else from the Sheriff's Office, 20 and then with Clete Buckalew to review their front office 21 layout. We had met with them and talked conceptually about 22 that, done detailed drawing, mill -- mainly mill work, and 23 how the desk and the counters -- the service counters work 24 and -- before we issue that. And our commitment to you is 25 that, as we discussed, Judge, we've discussed us to have bid 12-14-09 96 1 sets, sealed drawings here in front of you on the 28th for 2 your blessing, and those will have been vetted. And then the 3 process after that, of course, will be bidding, building 4 permit, and construction. We have already been contacted by 5 local contractors about the project a number of times, but 6 also by at least one aggressive San Antonio contractor, and 7 so I suspect once you go out to bid, that it's a large enough 8 project that it'll get some pretty good interest. So, that 9 is our -- that is our status on that. 10 The status on the courthouse windows, you're aware 11 of the progress, and the ground floor is complete. I spoke 12 with the contractor this morning. They are not on-site. 13 He's -- he was waiting for the ground to dry out a little bit 14 more before they come back. They have 34 windows, the final 15 group of windows, on-site, accounted for. Their schedule is 16 to complete no later than the middle of January, complete the 17 windows, and then these end doors, and then they said they 18 would then tackle the front door, the main door, with the 19 hardware upgrades that -- that we had previously discussed, 20 in January. So, you should be through during that time. But 21 I gather on -- my assessment is the windows are -- it was a 22 delightful conclusion. They look good from the outside. The 23 finish is a -- is a credible match for the inside that we -- 24 we're really pretty fortunate. And -- and it appears we've 25 made it through some of these 4-inch -- 2- or 3- or 4-inch 12-14-09 97 1 rains we've had, and they're performing for you. So, I think 2 that is what you expected. 3 COMMISSIONER BALDWIN: Mm-hmm. 4 MR. LEWIS: And I'll be happy to field any 5 questions. 6 JUDGE TINLEY: You're going to bring us some 7 alternates on the bidding process also? 8 MR. LEWIS: We can do that. 9 JUDGE TINLEY: Last meeting of this month? 10 MR. LEWIS: Yes. 11 JUDGE TINLEY: We've discussed some various 12 alternatives. 13 MR. LEWIS: Right. We're going to do a foundation 14 package or a -- right. 15 JUDGE TINLEY: Mm-hmm. 16 MR. LEWIS: And maybe and you and I ought to talk 17 about that this week. 18 COMMISSIONER BALDWIN: The 28th? 19 MR. LEWIS: Yes, sir. 20 COMMISSIONER BALDWIN: Of? 21 MR. LEWIS: December. 22 COMMISSIONER BALDWIN: December. 23 JUDGE TINLEY: He will bring us the final plans to 24 go out for bid right after the first of the year. 25 COMMISSIONER BALDWIN: Okay. 12-14-09 98 1 JUDGE TINLEY: The general feeling in the trade is 2 that you don't want to bid anything during this period of 3 time. You want to wait till after the first of the year, 4 when you get maximum -- maximum interest and participation. 5 COMMISSIONER BALDWIN: I've had a couple of people 6 say, "Hey, I've got a cousin that's in the business," you 7 know. Where -- how are we going to do this bid thing? Where 8 will they -- will they come through you or come through him? 9 MR. LEWIS: The advertisement will come through the 10 county. 11 COMMISSIONER BALDWIN: Okay. 12 MR. LEWIS: Then we can arrange to have -- we will 13 arrange to have them pick up bid sets at our office. 14 COMMISSIONER BALDWIN: Okay, yeah. 15 MR. LEWIS: But y'all will handle the bidding 16 process as you typically do, with advertisement notice and -- 17 but we'll facilitate that by -- you know, we'll have a local 18 printer -- Jackson RepoGraphics will do the printing. We'll 19 keep the business local, be able to get additional sets for 20 the contractors as they need them. They will issue a 21 prescribed number with a deposit on those, and then there 22 will be commercial -- there'll be commercial grade insurance 23 requirements consistent with the size of the job. And I'd 24 like to visit with you a little bit more about that before we 25 put those into the specification, but make sure that they are 12-14-09 99 1 consistent with the county requirements, county minimums. 2 And so -- but the -- I would say the bid notice will be in 3 January, and if they just keep an eye on it, and if they can 4 -- you know, if they want to meet those requirements. 5 JUDGE TINLEY: If there's any contractor that wants 6 to receive actual notice of -- of the bids, be happy to make 7 a list, 'cause we want maximum participation -- 8 COMMISSIONER BALDWIN: Yeah, absolutely. 9 JUDGE TINLEY: -- of qualified -- qualified 10 contractors. The more, the merrier. 11 MR. LEWIS: The key being "qualified." 12 JUDGE TINLEY: Pardon? 13 MR. LEWIS: The key word being "qualified" 14 contractors. 15 JUDGE TINLEY: Oh, yeah. 16 COMMISSIONER LETZ: It will be a 30-day period, 17 what you anticipate? 18 MR. LEWIS: Oh, I -- no more than that. I mean, I 19 think this is probably -- this could be a three -- over -- 20 it's a three-week to four-week bid process tops, so -- it's a 21 pretty simple building. At the end of the day, it's just a 22 lot of walls, a lot of doors, and it's a metal building. So, 23 I think that -- three weeks. So, yeah, by the end of January 24 or middle of February, sometime in that period, you'd have -- 25 and then you're not obligated -- I don't know. I think 12-14-09 100 1 they're publicly opened, and then I don't know what your 2 obligation is to make a commitment, but that -- we will build 3 that in the specification as well in our invitation to 4 bidders. We -- after some discussion with the Judge, we'll 5 let them know that after -- within two weeks or 10 days -- 6 business days or whatever the prescribed time is, that 7 Commissioners Court will make a decision about how they're 8 going to proceed. And you have the right to waive all bid 9 irregularities, all that stuff. 10 COMMISSIONER LETZ: We ought to, I mean, try -- on 11 the timing standpoint, I don't -- haven't looked at the 12 calendar, but try to do -- not really do a special meeting, 13 but match it up so that we open bids our second meeting in 14 January, if possible. And then we can award the contract the 15 first meeting in February. 16 MR. LEWIS: I'd say that's possible, mm-hmm. That 17 advertisement -- 18 MS. HARGIS: The advertisements have to go in a 19 certain number of times; it's three consecutive, because of 20 the size of this contract. 21 COMMISSIONER LETZ: Got to go in three times? So, 22 we may have to push that back into possibly the -- 23 COMMISSIONER OEHLER: I'd say February. 24 COMMISSIONER LETZ: -- first February meeting, and 25 then the second February meeting to award the contract. Or 12-14-09 101 1 we can always hold a special meeting. 2 MS. HARGIS: We also probably want to be in -- in 3 the same time frame as the bond issue. We may -- you know -- 4 COMMISSIONER OEHLER: Got to get money in if you're 5 going to pay for this. 6 COMMISSIONER LETZ: That's true. I'd rather have 7 that first, certainly before we award it. 8 COMMISSIONER OEHLER: Yeah, I would think that 9 would be a good idea. 10 MR. LEWIS: We can bid it subject to -- subject to 11 funding, certainly. That's not a problem. And I don't think 12 we'll have a problem getting the bids. That's not going 13 to -- 14 COMMISSIONER OEHLER: Just how long will those bids 15 be guaranteed for, though? 16 MS. HARGIS: We're asking for that. I think we 17 should ask for that, maybe a 30-day guarantee. 18 MR. LEWIS: Thirty days? We always do that as a 19 minimum. It's hard to get anything beyond that. We've put 20 60 days in before, and people really don't honor those if 21 push comes to shove. Some don't. Some do, some don't. 22 COMMISSIONER LETZ: Good. Okay. 23 JUDGE TINLEY: Anything else? 24 MR. LEWIS: No, sir. 25 JUDGE TINLEY: Thank you for your report. 12-14-09 102 1 COMMISSIONER LETZ: Thank you. 2 MR. LEWIS: Appreciate it. 3 COMMISSIONER WILLIAMS: Thank you. 4 JUDGE TINLEY: Let's go back to Item 15; consider, 5 discuss, take appropriate action on withdrawing the appeal 6 from the Texas Water Development Board on the DFC's set by 7 GMA-9 for the Hickory and Ellenberger Aquifers. Commissioner 8 Letz. 9 COMMISSIONER LETZ: In the backup, there is -- I 10 guess in the minutes from whatever that -- the November 30th 11 meeting of GMA-9 where they formally, in their words, 12 clarified their original intent. Which is interesting that 13 they clarified it this way, considering they fought us at the 14 hearing over these points and wouldn't clarify it then. But, 15 anyway, they did go ahead and clarified that they did not 16 intend to set the DFC's for the Ellenberger and Hickory 17 Aquifers. Their action on November 30th formally modified 18 that, and I will make a motion that we withdraw our appeal 19 to DFC's set by GMA-9 as originally set for the Hickory and 20 Ellenberger Aquifers based on their action of November 30th, 21 2009. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the agenda item. Question or discussion on the 25 motion? 12-14-09 103 1 COMMISSIONER LETZ: I may also add, in that motion, 2 this does not have any impact on the appeal of the Edwards 3 Trinity Aquifer. 4 COMMISSIONER BALDWIN: Yeah. Judge, I do have a 5 question. What kind of language did they use? I'm just 6 curious. Did they say, "We were wrong by saying what we 7 said"? 8 COMMISSIONER LETZ: They said they clarified it, 9 what their original intent was. 10 COMMISSIONER BALDWIN: And the original intent -- 11 COMMISSIONER LETZ: Was to set it only for -- DFC 12 only for Blanco County. 13 COMMISSIONER BALDWIN: Okay. Why didn't they say 14 that in the beginning? 15 COMMISSIONER LETZ: Well, because that's not what 16 they did originally. 17 COMMISSIONER BALDWIN: Yeah. 18 COMMISSIONER LETZ: And they knew what they did, 19 but anyway -- 20 COMMISSIONER BALDWIN: Okay. So, they fixed -- 21 COMMISSIONER LETZ: They fixed the problem. 22 COMMISSIONER BALDWIN: Fixed it. 23 COMMISSIONER LETZ: Based on -- and they fixed it 24 after the Water Development Board advised them that they 25 probably needed to fix it. 12-14-09 104 1 COMMISSIONER OEHLER: Because there's no evidence 2 of either one of those four measures being in Kerr County, 3 and they didn't post it properly. 4 JUDGE TINLEY: The agenda item referred only to 5 Blanco County also. 6 COMMISSIONER LETZ: Yeah. 7 JUDGE TINLEY: Which was somewhat limited. Further 8 question or discussion on the motion? All in favor of the 9 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: The motion carries. 14 COMMISSIONER LETZ: And I will -- just for 15 information, I will forward a copy of the court order, once 16 we get one, to Water Development Board. 17 JUDGE TINLEY: Okay. Let's go to Item 16; 18 consider, discuss, take appropriate action concerning 19 potential zoning issues at the airport. Commissioner Letz? 20 COMMISSIONER LETZ: This is on the agenda based on 21 a conversation I had with Ken Minas from the city staff 22 related to zoning around the airport. And the City Council 23 took this up at their last meeting, and I think that -- you 24 know, I, anyway, am fully in lock-step with what the City's 25 doing on this one. In 1992, the City did a -- a zoning 12-14-09 105 1 ordinance and a zoning adjustment board was created, and it 2 kind of languished. Back then, you'll recall there was an 3 advisory board, and nothing really has been done relating to 4 any zoning issues at the airport since 1992. And I brought 5 it up, I guess, two years ago, that this was a concern of 6 mine, and I think the County's. They are now going forward. 7 They've -- I think City Council asked Mike Hayes to get with 8 Ilse Bailey to go over exactly the -- if that 1992 action is 9 still valid and how it should be implemented, what needs to 10 be done. And that's -- I support them doing the legal 11 finding to that. All my other comments I told them is that, 12 in my opinion, that it was my personal opinion -- not the 13 whole Court, 'cause we hadn't addressed it -- that the 14 Airport Board should be the one in charge of airport zoning, 15 and that what they recommend should then come back to the 16 City and the County for us to approve. I said, "I think this 17 is an Airport Board function and should not really be handled 18 by the City staff, or County. 19 COMMISSIONER WILLIAMS: When you say Airport Board 20 should be in charge, you mean the Airport Board should sit as 21 an airport zoning board of adjustment; is that correct? 22 COMMISSIONER LETZ: I think -- that's my personal 23 feeling, is they should -- should fill that role. But at a 24 minimum, I think it needs to go to them and they need to come 25 back with a recommendation whether they should sit or there 12-14-09 106 1 should be a separate board. 2 COMMISSIONER WILLIAMS: That's fine. The logistics 3 are fine. I just wanted to make sure that they're on a path 4 where the end result will be that the Airport Board would 5 convene also when necessary as an airport board -- airport 6 zoning board of adjustment. 7 COMMISSIONER LETZ: Right. And we didn't get that 8 far. We just got to the point that the Airport Board needs 9 to come back to the City and the County and say how they 10 think it should be done. I don't know if Mike Hayes has 11 contacted the County Attorney. 12 MS. BAILEY: I've not spoken to him yet about it, 13 but I did attend that meeting, so I'm kind of aware of 14 what -- the direction that they want to look into. 15 COMMISSIONER LETZ: This is really just an 16 informational item to make sure that that's the path 17 everyone's moving on right now, and then it will come back to 18 us once there's some sort of a recommendation. 19 COMMISSIONER WILLIAMS: Okay. 20 JUDGE TINLEY: Anything else on that item? 21 COMMISSIONER LETZ: No. 22 JUDGE TINLEY: Any more questions? Let's move on 23 to Item 17; consider, discuss, take appropriate action to 24 recommend to the Charles Schreiner Road Fund Trustee, which 25 is Security State Bank and Trust, the manner of expenditure 12-14-09 107 1 of earnings from the trust. I put this on the agenda in 2 response to a letter from the Security State Bank and Trust. 3 Lo and behold, apparently during the budget process, we had 4 already identified where the expenditures should be made. 5 Apparently, I was unaware of that. It's now attached as part 6 of the backup material for Precinct 1 and the -- the road 7 trust budget out of that goes to Coker Road in Precinct 1 and 8 Cuthbert Road in Precinct 4. So, I'm not sure we need to 9 take any action; I think it's approved. 10 MS. HARGIS: Yeah, we need an order. They require 11 an order because of being a trustee. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: They told me they did not 14 require an order. If we just leave everything like it is, it 15 goes on and keeps running. 16 MS. HARGIS: They want -- they sent me a letter and 17 asked for some kind of documentation that the Court approved 18 it. I either have to send the budget notes or something, 19 so -- 20 COMMISSIONER BALDWIN: Okay. 21 COMMISSIONER LETZ: Why don't we send the budget? 22 COMMISSIONER BALDWIN: Whatever. I don't mind. I 23 don't mind doing a court order. I'm just telling you what 24 they told me the end of last week. So -- 25 MS. HARGIS: I -- you know, they made me do that 12-14-09 108 1 last year. So, I mean, they're contradicting what they told 2 me last year. So, until I send them proper paperwork saying 3 that it's approved, and I have to go back -- sometimes it's 4 approved in these workshops, so I have to go back and find 5 the specific subject where it was approved. So, if you'll 6 just do it in an order now, it's easier for me. 7 COMMISSIONER WILLIAMS: The last paragraph of the 8 letter from Security State to the Court says that absent a 9 request from Commissioners Court, that they'll continue to 10 accumulate interest, so that suggests that they need some 11 direction to spend it. 12 MS. HARGIS: Right. And that's what -- I think 13 that's what the trust requires. 14 COMMISSIONER BALDWIN: That's correct. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER OEHLER: Well, Cuthbert's finally 17 going to get paved. 18 COMMISSIONER LETZ: So, one and four, since it's 19 your money, you make the motion. 20 COMMISSIONER BALDWIN: I move for approval. 21 COMMISSIONER OEHLER: I second it. 22 JUDGE TINLEY: As per the budget? 23 COMMISSIONER BALDWIN: Yes, sir. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OEHLER: That way Voorhees won't have 12-14-09 109 1 to spill coffee on himself hitting potholes any more. 2 COMMISSIONER BALDWIN: I'd forgotten about the 3 budget issue as well. 4 JUDGE TINLEY: We have a motion to notify the 5 Security State Bank and Trust, the trustee of the Schreiner 6 Road Trust, for the expenditure of the funds in accordance 7 with the budget approved by the Court for this current fiscal 8 year. Questions or discussion on that motion? All in favor 9 of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion carries. We can move to 14 Item 18; to consider, discuss, and take appropriate action to 15 address possibility of prohibiting the sale or use of 16 restricted fireworks, those being skyrockets with sticks and 17 missiles with fins, in any portion of the unincorporated 18 areas of Kerr County pursuant to Local Government Code 19 Section 352.051 for the December fireworks season. Would 20 this also extend over into January? 21 COMMISSIONER WILLIAMS: I would think so. 22 COMMISSIONER BALDWIN: January 1. 23 MS. GRINSTEAD: In the backup, it says -- that's 24 just how they refer to it on the backup I've given. It says 25 December season. 12-14-09 110 1 COMMISSIONER OEHLER: Be the first time in a long 2 time. I'm not sure that Marvin Gazaway can get along with 3 that, but I'll go along. 4 COMMISSIONER WILLIAMS: No, fire chiefs won't be 5 happy. But -- 6 JUDGE TINLEY: Any member of the Court have 7 anything to offer in connection with that? 8 COMMISSIONER BALDWIN: Judge, I'm not willing to 9 take any action. I think we need to -- 10 JUDGE TINLEY: Okay. Anybody else? Let's move to 11 Item 20; consider, discuss, take appropriate action to 12 approve maintenance contract with Diana Twiss, independent 13 consultant, for software application maintenance agreement 14 for the Kerr County Attorney's office. Ms. Bailey? 15 MS. BAILEY: Yes, Your Honor. The County 16 Attorney's office got with Diana Twiss, who is a software 17 writer, to develop a process whereby we could use an intake 18 process that was more straightforward than the one that's 19 provided for in Odyssey. We've been using that. It's 20 working out really well. But she provided us with a 21 maintenance contract to kind of delineate what her 22 obligations were, our obligations, and to define how we were 23 going to pay her for updates and maintenance on that system. 24 Since it is a contract, I didn't feel like it was something 25 that I could sign on behalf of the county, so we're asking 12-14-09 111 1 that it be approved by you all, and have the Judge sign it on 2 behalf of the county. I have gone over the contract with 3 John Trolinger, and I believe that he's comfortable with the 4 details of the agreement. Any questions? 5 MR. TROLINGER: The only thing I saw, since 6 everything else has been rolled into the I.T. budget, I think 7 it would be -- it would make logical sense to roll this into 8 the I.T. budget at some point. 9 MS. BAILEY: That would be fine with me if you 10 wanted to do it that way, either now or upon renewal. It is 11 -- it's an I.T. issue, so I think that's probably 12 appropriate. 13 COMMISSIONER WILLIAMS: Are there funds available 14 in your budget, -- 15 MR. TROLINGER: There are. 16 COMMISSIONER WILLIAMS: -- Ms. Bailey, for this 17 that needs to be transferred? 18 MS. HARGIS: Yes. 19 MS. BAILEY: Yes, I've been told that there are. 20 COMMISSIONER WILLIAMS: Okay. 21 MS. HARGIS: We budgeted for that. 22 MS. BAILEY: So, do you want us to go ahead and 23 transfer that money to I.T. and then let it come out of the 24 I.T. budget? 25 MS. HARGIS: That's up to y'all. I mean, I'll do 12-14-09 112 1 whichever. We can do a budget amendment on it if that's what 2 you want to do. 3 JUDGE TINLEY: Well, if you've got the funds for 4 this purpose in your budget, and that -- the oversight of 5 that entire function is going to go over to I.T., where it 6 probably belongs, we probably need to transfer the funds with 7 it. 8 MS. BAILEY: All right. I'll -- 9 JUDGE TINLEY: That's a subsequent budget amendment 10 we can do. 11 MS. BAILEY: Yes. 12 JUDGE TINLEY: Right now, you're asking for the 13 contract on the software. 14 MS. BAILEY: Yes. 15 JUDGE TINLEY: Mr. Trolinger, with regard to this 16 particular application, what effect does that have on your 17 overall system? 18 MR. TROLINGER: Well, I'm pleased to see that the 19 County Attorney's office has started to use Odyssey to file 20 their cases from the jail again. They're using it for CJIS, 21 which is Criminal Justice Information System, which really is 22 the backbone of the integration with the courts. So, you 23 know, with that going on, I'm pretty happy to see that. I 24 don't know as much as I would like to about the program, but 25 I think I've broken the ice, and I'm going to, you know, talk 12-14-09 113 1 with the County Attorney and see -- see exactly what their 2 business process is. 3 JUDGE TINLEY: So, having this particular program 4 on an ongoing basis with what we've got in place is something 5 that's acceptable to you as part of the overall I.T. function 6 of the county? 7 MR. TROLINGER: From what I see, how it's being 8 used today, yes. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER BALDWIN: Is this program -- is this 11 program filling a void that Odyssey is unable to do? 12 MS. BAILEY: Yes. 13 COMMISSIONER BALDWIN: John? 14 MR. TROLINGER: Well, the function's available, but 15 it's not everything they want. They want specific -- you 16 know, specific business process. Now, Software -- Tyler 17 Technologies is going to, and has conducted a workshop, and 18 will expand the program to do more, and they admit that there 19 are pieces missing in prosecutor. There are particular 20 counties that have requested to have specific functionality, 21 and that will be added, but we're talking six months or a 22 year at the very earliest before all those things come 23 online. 24 COMMISSIONER BALDWIN: So, what you're admitting to 25 me is Odyssey is not perfect. 12-14-09 114 1 MR. TROLINGER: For the -- it is not. 2 COMMISSIONER BALDWIN: Hallelujah. For the first 3 time. 4 MR. TROLINGER: Well, the prosecutor portion is 5 very -- it's limited to a very few things, and its prime 6 function is to take the information from the jails, where the 7 jail has booked someone in, where it's coming to dispatch and 8 gone to the law enforcement and the jail, and to take all 9 that information and bring it through the -- through 10 prosecutor, and then report to the state on the prosecution, 11 and then bring it into the courts seamlessly. And that's the 12 piece we would have missed out on if they'd stopped using it 13 completely. 14 COMMISSIONER BALDWIN: The rumor was that both 15 D.A.'s were also going to do something similar to this. Is 16 that still -- 17 MS. BAILEY: They are doing it. 18 MS. HARGIS: Already on it. 19 MR. TROLINGER: Well, the 216th is. 20 MS. HARGIS: The 216th is. 21 MR. TROLINGER: 216th is using it. 22 COMMISSIONER BALDWIN: Okay. But did we make a -- 23 did we make an adjustment in the budget for them? 24 MR. TROLINGER: Not that I know of. I don't know 25 where they're allocating the money for those projects from. 12-14-09 115 1 MS. BAILEY: On the money on this one, there -- a 2 couple of things about this. One is that my understanding is 3 that the overall cost of this whole application that we're 4 using is less than the annual fee that's being requested for 5 paying for prosecutor, so we feel like it was -- it was an 6 economic solution that also works better than the prosecutor 7 program. The other thing that's important to note is that 8 this is not really -- this is not really a program. This is 9 an application using Microsoft Access, which is kind of like 10 Microsoft Word or Microsoft Excel. That's -- its a program 11 that's already in our system, and it's just using that 12 program as an application. 13 JUDGE TINLEY: Not a completely new software 14 program. 15 MS. BAILEY: Exactly. So, we didn't install 16 something; we're just utilizing something in a way that takes 17 the place of the case filing process that we had in 18 prosecutor. 19 JUDGE TINLEY: Okay. 20 MS. BAILEY: That's it. 21 JUDGE TINLEY: I don't think I've got a motion. 22 THE CLERK: No. 23 JUDGE TINLEY: No motion yet? Okay. 24 COMMISSIONER WILLIAMS: I'd move approval of the 25 request. 12-14-09 116 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Question or discussion? 4 COMMISSIONER BALDWIN: So, this -- this software 5 application is installed and it's up and running right now, 6 isn't it? 7 MS. BAILEY: Yes. We've been using it for several 8 months. 9 COMMISSIONER BALDWIN: We don't have a whole lot of 10 choice. 11 JUDGE TINLEY: Any further question or discussion? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. We'll move 18 to Item 21; to consider, discuss, and take appropriate action 19 on contract for professional services from Allison, Bass and 20 Associates, LLP, for redistricting services for the 2010 21 census. I put this on the agenda at after receiving a 22 proposal from Allison, Bass and Associates. I am aware that 23 there are others that offer that same service. I think 24 Bickerstaff has assisted the county in the past, and, in 25 fact, made a presentation to us a number of months ago, when 12-14-09 117 1 this whole issue came up regarding redistricting and getting 2 in kind of ahead of the curve. But the Allison Bass thing 3 was something that came in also, so I throw it out for your 4 consideration, whatever that might be, if any. 5 COMMISSIONER LETZ: I think -- my personal feeling 6 is, I'd like to get probably both Bickerstaff Heath and Jim 7 Allison to come down here and make presentations to make a 8 decision. I'm -- I was very impressed by Bickerstaff Heath's 9 work last time, but the staff that we worked with last time 10 is pretty much gone from that firm. 11 COMMISSIONER WILLIAMS: Right. 12 COMMISSIONER LETZ: So -- you know, but I did -- I 13 found them to be very easy to work with, and they really 14 worked with us individually to get the precincts and the 15 changes and a lot of adjustments made in all of our 16 precincts. But I'd like to have both of them come down, make 17 a presentation and proposal. Allison's appears very 18 reasonable, cost-wise. I just want to make sure we get the 19 same service we may need. 20 COMMISSIONER WILLIAMS: That's kind of where I'm 21 coming from. I'd like to hear from them both. And I think 22 the cost is the issue. I think either firm is capable of 23 doing what we need done. Let's bring them down here, make a 24 pitch and give us their best proposal. 25 JUDGE TINLEY: With regard to the Bickerstaff 12-14-09 118 1 bunch, I don't recall getting a specific number from them. I 2 do recall Commissioner Baldwin making the inquiry, since they 3 had been contracted with on the prior census, would we be in 4 line as a repeat customer to receive a discount? And, in 5 fact, they said yes, you would, because we have a lot of that 6 base data already in place, and we just have to update it. 7 So -- 8 COMMISSIONER LETZ: One of the things that 9 impressed me about Bickerstaff Heath -- not that Jim 10 Allison's group wouldn't do it, and Jim Allison certainly 11 does a lot of work for counties as a whole, but I felt we got 12 a lot of extra bang for our buck. I know on several 13 occasions, we called Chuck Kimbrough with Bickerstaff Heath, 14 and he came down here, I'm pretty sure, on two occasions and 15 went over some issues with us as a court, a lot of it related 16 to subdivision, and never charged us for it. And, you know, 17 so I was very impressed by the service they gave us. 18 COMMISSIONER WILLIAMS: Well, that's true, he did 19 do that. And what you're looking at here apparently is a 20 $13,000 fixed fee for services. So -- 21 COMMISSIONER LETZ: Yeah. Which is pretty 22 reasonable. 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER OEHLER: Sounds real reasonable. 25 COMMISSIONER WILLIAMS: Very reasonable. So -- 12-14-09 119 1 JUDGE TINLEY: Okay. We'll bring this back by 2 getting a presentation and inviting them both to come down 3 and make a presentation. All right? 4 COMMISSIONER LETZ: All right. 5 JUDGE TINLEY: Okay. Anything else on that agenda 6 item, gentlemen? Let's move on to Item 22; consider, 7 discuss, take appropriate action to approve County employees 8 health benefits insurance contracts, and allow County Judge 9 to sign same. Ms. Hyde? 10 MS. HYDE: Judge. Gentlemen, there's quite a few, 11 so I did not print out copies of the contracts for the entire 12 Court. Judge, there's a packet for you. 13 JUDGE TINLEY: We got a bunch of them. 14 MS. HYDE: And one for Cheryl, 'cause she'll need 15 the copies. To update everyone on our 2010 insurance, 16 there's been a lot of discussion, and during all of the open 17 enrollment sessions, we told our folks we would no longer be 18 using the Texas True Choice network. I think everyone felt 19 very confident that United Health Care and UMR were going to 20 be able to get the local providers to sign the contracts for 21 networks. Unfortunately, the local providers do not want to 22 sign those -- those contracts. The response to that -- 23 typical response is due to the payment. It's not that they 24 don't pay their bills; it's that they do not want to receive 25 less compensation for their services. And they're a business 12-14-09 120 1 just like anybody else. So, we went back to Texas True 2 Choice. We got good rates with Texas True Choice. So, the 3 employees just need to understand what we're doing. We're 4 going to go back to Texas True Choice as the network -- 5 excuse me, network provider. However, comma, there is going 6 to be a few things that we need to discuss further, one 7 being, for example, our workers comp, which typically goes 8 through local. We have gone out and looked for some other 9 deals, and to decrease our costs. And so in the future, I'll 10 be bringing that back to the Court and let y'all look at it 11 and review it and discuss it. 12 COMMISSIONER LETZ: Wait. Okay, you used the words 13 "went through local." What do you mean, local? 14 MS. HYDE: Kerr County. 15 COMMISSIONER WILLIAMS: Providers? 16 MS. HYDE: Yes, sir, local providers. 17 COMMISSIONER LETZ: So, we're going to go outside 18 of Kerr County possibly for local providers? 19 MS. HYDE: For non-emergency workers comp, yes, 20 sir, 37 miles up the road. 21 COMMISSIONER WILLIAMS: Are you limiting that to 22 just workers comp issues? 23 MS. HYDE: At this point, yes, sir. 24 COMMISSIONER WILLIAMS: Not the basic health care? 25 MS. HYDE: No, sir. 12-14-09 121 1 JUDGE TINLEY: Workers comp is a totally 2 independent issue, anyway. 3 MS. HYDE: An independent issue, but it is 4 inter-related with the health care. 5 JUDGE TINLEY: I understand that. 6 COMMISSIONER LETZ: Which we're going -- excuse me. 7 JUDGE TINLEY: The -- the -- we've had difficulty, 8 according to my understanding, finding local providers for 9 workers comp treatment issues, anyway. 10 MS. HYDE: Yes, sir. 11 JUDGE TINLEY: I mean, that seems to have been a 12 problem that's gone on here locally for years and years. 13 MS. HYDE: Yes, sir. 14 JUDGE TINLEY: Is that not correct? 15 MS. HYDE: Yes, sir. And we were able to sign 16 contracts with folks using TAC locally. However, their cost 17 is about three to four times more than if you go outside Kerr 18 County. 19 COMMISSIONER LETZ: Can you tell me where we're 20 going? 21 MS. HYDE: Boerne. 22 COMMISSIONER LETZ: Is there a hospital -- 23 MS. HYDE: There's an urgent care there, Boerne 24 Urgent Care. And we just got done doing some comparison on 25 just physicals, and I'll use the D.O.T. physicals, because we 12-14-09 122 1 have Road and Bridge that needs to have D.O.T. physicals and 2 drug screens. Locally, the D.O.T. physicals were going to 3 cost $140 to $175 per person. If we go to Boerne, it's $50. 4 They would not do the drug screens here locally at all. If I 5 go to Boerne, I can get it for 47 bucks. So, I can get my 6 entire D.O.T. physical and drug screen as needed by state law 7 and federal law for less than a hundred bucks, but here I can 8 go get my physical for 140 to 175. So, these are things 9 that -- you guys have told me we need to find ways to cut our 10 cost. 11 COMMISSIONER LETZ: Okay. 12 MS. HYDE: That's what we're trying to do. 13 COMMISSIONER LETZ: Next question is, when you make 14 my wife wait when we're taking our kids to Boerne Urgent 15 Care, can I have her call you when she's mad at the longer 16 wait now? 17 MS. HYDE: Sure. I get it from all the other ones. 18 COMMISSIONER LETZ: They're -- Dr. Fowler and 19 Dr. Dunn, I've gotten to know them over the years over at 20 that facility. They're fantastic, and they do it -- I've 21 tried to encourage them to open one up in Kerrville, but they 22 have reasons for not doing it. They have one in Bulverde, 23 one in Boerne. It's a great facility. I didn't -- 24 JUDGE TINLEY: The Sheriff wants input here. 25 SHERIFF HIERHOLZER: Well, I had one question, and 12-14-09 123 1 probably to Eva, on the workers comp. We've talked about it 2 a lot of times, and what happens normally when I have 3 especially jail employees and that that get injured, or they 4 may get spit in the eyes by an inmate that's got, you know, 5 some type of disease, that's normally after midnight, 6 2 o'clock in the morning. You have to get their eyes flushed 7 out correctly. There has to be a workers comp deal done, and 8 they are taken over to the E.R. here to be seen. Now, if we 9 are going to have to start transporting those, because of the 10 documentation, 'cause of the -- the workers comp issue, all 11 the way to Boerne at 2 o'clock in the morning, that's going 12 to cause me some manpower issues a lot in the jail, and on 13 the street if I'm going to have to start doing that. Are we 14 going to still be able to use the E.R. here as a workers comp 15 first response? I don't mind the follow up and everything 16 else, but the first response to get that taken care of? 17 MS. HYDE: Sheriff, like I said when I first 18 started with this, we're going to bring it back so that they 19 can look at what the information is, and they're going to 20 make a determination on what we're going to do. That's not 21 my decision. That'll be the Court's decision. 22 SHERIFF HIERHOLZER: I'm just asking a question. 23 Are we going to be able to do that still here or not? 24 MS. HYDE: Sure, you'll be able to do it here, if 25 it's a true emergency here. 12-14-09 124 1 SHERIFF HIERHOLZER: Under workers comp? 2 MS. HYDE: If it's a true emergency, yeah. 3 COMMISSIONER LETZ: They're not open. 4 SHERIFF HIERHOLZER: But if some place isn't 5 open -- I mean, if it's during the day, I might take them 6 over to Franklin Clinic, but being late at night, it's going 7 to have to be the E.R., or early in the morning. You can't 8 let that sit. They have to -- it's not an emergency, but it 9 is in the respect you can't wait eight hours to get it done. 10 MS. HYDE: That's true, and that's why we said if 11 it's not an emergency. And there's going to be some 12 guidelines, and we got to talk about it, but it's -- there's 13 going to be cost factors that we're going to have to look at 14 this year, and we're going to -- we have to start looking at 15 them in a different light, because we don't have the money. 16 COMMISSIONER LETZ: I think we're -- it's coming 17 back -- I think part of what the Sheriff's saying, and I 18 agree with what he's saying, is that part of the cost is 19 employee down time. 20 MS. HYDE: Absolutely. 21 COMMISSIONER LETZ: So, I mean, it depends on what 22 we're doing. And I think we have to look at the whole 23 package, which is what you said you were going to bring back 24 to us. 25 JUDGE TINLEY: Mm-hmm. 12-14-09 125 1 COMMISSIONER LETZ: Okay. 2 JUDGE TINLEY: And that's totally -- that's 3 independent, but inter-related, of course. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER WILLIAMS: My question is, are we 6 talking about switching back to Texas True Choice just for 7 workmen's comp? 8 MS. HYDE: No, sir, for our medical insurance. 9 COMMISSIONER WILLIAMS: Okay, the whole bit. 10 MS. HYDE: The whole thing. 11 COMMISSIONER WILLIAMS: Okay, thank you. 12 COMMISSIONER LETZ: Do we need to take action to do 13 that? On that part of it? 14 MS. HYDE: I think -- the Judge and I have talked 15 about it, and he would, I think, feel it's appropriate to 16 allow him to sign the -- y'all allow him to sign the 17 contracts. 'Cause there's several. 18 COMMISSIONER LETZ: I think we probably need to 19 take court action on this, because this is different than 20 what we approved. 21 COMMISSIONER BALDWIN: Yeah, we need court action, 22 but my question is, how many contracts? How many? 23 MS. HYDE: There's 14. 24 COMMISSIONER BALDWIN: What are they -- 14? 25 MS. HYDE: Yes, sir. 12-14-09 126 1 COMMISSIONER BALDWIN: And what are they 2 specifically for? 3 MS. HYDE: One is ING as a third-party 4 administrator agreement. I'm going to try to do it slow, so 5 that way we got them. 6 COMMISSIONER BALDWIN: Let me ask you a question 7 before you get into that. What -- what about -- what did we 8 approve before? What are we replacing here? 9 MS. HYDE: What you're replacing is the network. 10 COMMISSIONER BALDWIN: And what did I vote for 11 before? Well, the recommendation of Gary Looney, which 12 includes the -- 13 MS. HYDE: Which is UMR. It's UMR. We're not 14 changing who our T.P.A. is. UMR is still our provider. 15 COMMISSIONER BALDWIN: Okay. 16 MS. HYDE: But what we told employees during open 17 enrollment was we were not going to have Texas True Choice. 18 COMMISSIONER BALDWIN: And so this is an addition? 19 We're not replacing somebody with Texas True Choice? 20 MS. HYDE: This is a change. 21 COMMISSIONER WILLIAMS: We are replacing. 22 JUDGE TINLEY: Actually, we're adding on top of the 23 network -- the provider network that was bid. We're actually 24 adding -- we've got the UMR network, 'cause they already had 25 that in place. 12-14-09 127 1 MS. HYDE: Right. 2 JUDGE TINLEY: Because of -- because of the 3 calculation of the density of the providers in Kerr County 4 being below that which we require, -- 5 COMMISSIONER BALDWIN: Mm-hmm. 6 JUDGE TINLEY: -- the T.P.A. has agreed to add on 7 top -- and I'm told for Kerr and Gillespie only. 8 MS. HYDE: It will be throughout. Texas True 9 Choice, it will be throughout. 10 JUDGE TINLEY: We're totally substituting Texas 11 True Choice for UMR? 12 MS. HYDE: We're totally -- we're totally taking 13 the UMR network, pushing it to the side, and taking Texas 14 True Choice network. 15 JUDGE TINLEY: We don't have the UMR network, for 16 example, for San Antonio? 17 MS. HYDE: No, sir, we'll be using Texas True 18 Choice all the way through. 19 COMMISSIONER BALDWIN: So, that's really my 20 question. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER BALDWIN: Do we need to take any kind 23 of action to undo the UMR that we have done before? That's 24 my question. 25 JUDGE TINLEY: I think the action that you need to 12-14-09 128 1 take is to approve the agreements on the basis that the 2 provider network by the third-party administrator is the 3 Texas True Choice network, in lieu of previously believed 4 network of UMR. 5 COMMISSIONER BALDWIN: Are you happy with all that? 6 MS. BAILEY: Was this something that we originally 7 put out for bids? 8 COMMISSIONER LETZ: Hmm? 9 MS. BAILEY: How many bids did we get? 10 MS. HYDE: Nine. 11 MS. BAILEY: So, the other eight people who bid -- 12 I'm a little concerned they might have something so say about 13 it. 14 MS. HYDE: The network -- keep in mind that what 15 you approved and what you got was a T.P.A. -- was a 16 third-party administrator for the medical insurance. 17 MS. BAILEY: And it wasn't the third-party 18 administrator that was being bid? 19 MS. HYDE: Right. It's the third-party 20 administrator to -- and the actual insurance itself, not 21 networks. 22 MS. BAILEY: So, we're not changing anything that's 23 been bid on? 24 MS. HYDE: No, ma'am, it wouldn't have mattered. 25 Whoever got it would have a choice to do whatever network 12-14-09 129 1 they wanted to do. 2 MS. BAILEY: All right. 3 COMMISSIONER BALDWIN: Are you happy with that? 4 MS. BAILEY: I think that's probably acceptable. 5 COMMISSIONER BALDWIN: Okay. 6 MS. BAILEY: Because whoever we picked, according 7 to Eva, they would have gone through the process of -- 8 JUDGE TINLEY: Mm-hmm. 9 MS. BAILEY: -- figuring out who -- who they were 10 going to have do that part of the job. 11 COMMISSIONER BALDWIN: And how does True Choice -- 12 is that it? 13 MS. HYDE: Texas True Choice. 14 COMMISSIONER BALDWIN: How does that enhance what 15 we're doing? 16 MS. HYDE: The network -- the network that we were 17 going to go under was going to reduce the number of medical 18 providers and facilities in the area by about 50 percent. 19 So, let's -- I'll just use me; that way I'm not violating 20 anybody's HIPAA. My local P.P.O., my doctor, is not within 21 the network, so if I went to the doctor, it's going to cost 22 me, as an employee, 70 percent after I pay my deductible, 23 versus 90 percent as in-network. And that's why I prefaced 24 this with we could not get the local providers to sign the 25 contracts. 12-14-09 130 1 COMMISSIONER WILLIAMS: So, now that we will switch 2 back to Texas True Choice, step yourself through the same 3 analogy. 4 MS. HYDE: Now, if we go back to Texas True Choice, 5 we'll be exactly where we were the last three years, because 6 it is no change. We were under Texas True Choice for the 7 last three years. 8 COMMISSIONER WILLIAMS: Okay. 9 JUDGE TINLEY: Same provider network. 10 COMMISSIONER OEHLER: Already part of the -- part 11 of the network. 12 COMMISSIONER WILLIAMS: That's where we're going, 13 back to what we had. 14 JUDGE TINLEY: Insofar as the network. 15 MS. HYDE: Right. We couldn't with the insurance; 16 they've gone out of business. 17 COMMISSIONER WILLIAMS: Okay. 18 COMMISSIONER BALDWIN: So, we're going to approve 19 12 contracts today? 20 MS. HYDE: Thirteen. 21 JUDGE TINLEY: Thirteen. They are various 22 components of this entire health benefits -- 23 COMMISSIONER BALDWIN: All related to Texas True 24 Choice? 25 MS. HYDE: All related to our health insurance 12-14-09 131 1 coverage. No, sir, this is all health insurance coverage. 2 COMMISSIONER WILLIAMS: The whole megillah. 3 COMMISSIONER BALDWIN: And the County Attorney 4 approves of all 13? 5 MS. HYDE: These are the ones you went over. 6 MS. BAILEY: Yeah, I've gone over them and made my 7 suggestions to Eva. I had a couple of changes, and I suppose 8 those changes have been made? 9 MS. HYDE: They've been made. 10 COMMISSIONER BALDWIN: Okay, I'm ready. What do 11 you want to do? What kind of motion do you want? 12 COMMISSIONER WILLIAMS: So, we need a motion that 13 -- help me out here, Eva. 14 COMMISSIONER OEHLER: If you need help, we all do. 15 COMMISSIONER WILLIAMS: Substitute Texas True 16 Choice as the network for the UMR? Is that what we need? 17 MS. HYDE: For the UMR network, yes, sir, and allow 18 the County Judge to sign the county health insurance benefit 19 contracts. 20 COMMISSIONER WILLIAMS: I would move that. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: We have a motion and second to 23 substitute the provider network of Texas True Choice in lieu 24 of the previous UMR, and authorize the Judge to sign all 25 contracts in connection with our health benefits insurance 12-14-09 132 1 program. 2 COMMISSIONER WILLIAMS: Yes, sir. 3 JUDGE TINLEY: Question or discussion? All in 4 favor of the motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion carries. 9 MS. HYDE: Thank you. 10 JUDGE TINLEY: We have an addendum item; we'll go 11 to Item 24. Consider, discuss, take appropriate action to 12 reappoint members Johnnie Hawkins and Bud Fawcett to 13 Emergency Services District Number 1 Board. 14 COMMISSIONER OEHLER: I know that's quite a pair to 15 draw to, but anyway, that's the best we could come up with, 16 and Cheryl said it's okay. So, I move that we reappoint 17 those two to ESD Number 1. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion on the 21 motion? All in favor of the motion, signify by raising your 22 right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 12-14-09 133 1 JUDGE TINLEY: Motion does carry. Let's go to 2 Section 4, payment of the bills. 3 COMMISSIONER BALDWIN: I've got some questions. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER BALDWIN: Do we do the budget 6 amendments last? Is that what -- isn't that what you 7 normally do? 8 JUDGE TINLEY: Yeah. 9 COMMISSIONER BALDWIN: Okay. All right, on the 10 bills, the very first one -- and most of my questions -- I've 11 got a lot of them here. And most of my questions is, I just 12 don't understand what's written down here. As usual. So, we 13 have Nondepartmental, Texas Parks and Wildlife Department, 14 due from J.P.'s, case disposed, $85. What does that mean? 15 MS. HARGIS: That they took in a fine, and they 16 belong to the Texas Parks and Wildlife, and they're now 17 paying the Texas Parks and Wildlife their share of that fine. 18 COMMISSIONER BALDWIN: I see. Okay, very good. 19 All right. Court-appointed civil attorney. Let's see, I 20 can't -- can't tell exactly what department that is, though. 21 MS. HARGIS: That's 407. I believe it's -- 22 COMMISSIONER BALDWIN: 407, yes, ma'am. 23 JUDGE TINLEY: We created a separate budget -- 24 MS. HARGIS: Separate budget. 25 JUDGE TINLEY: -- for C.P.S. type cases. 12-14-09 134 1 COMMISSIONER BALDWIN: This is C.P.S.? 2 JUDGE TINLEY: Yeah, those are C.P.S. type cases. 3 COMMISSIONER BALDWIN: It's really -- my question 4 is really simple. I just noticed there's two of them here 5 that are way bigger than everybody else's. Frederick Henneke 6 was $3,900, and a Robert Earl Henneke is $2,000. The rest of 7 them are 200 and 250 and that kind of thing. What's the 8 story with that? 9 MS. HARGIS: Well, some of them bill monthly and 10 some of them don't. But, I mean, we can look up the invoices 11 for those. This is that C.P.S. case that -- we had three of 12 them, I believe, and they're very large. And we even had 13 some of them, State of Texas come down and review these, 14 so -- was in my office last week reviewing these C.P.S. cases 15 and the fees. 16 COMMISSIONER BALDWIN: And so you think these two 17 Henneke boys save up their bills before they turn them in, 18 huh? 19 JUDGE TINLEY: No, sir, those are the ones that -- 20 COMMISSIONER BALDWIN: Their bills are really this 21 high? 22 MS. HARGIS: Some of the cases went longer. 23 JUDGE TINLEY: 539 and 541, those were the -- were 24 the cases that were roaring and raging upstairs for two, 25 three weeks at a time. And -- 12-14-09 135 1 MS. HARGIS: Sometimes they represented three 2 children; sometimes they represented only one, and so the 3 larger ones, we found, is where they're having to represent 4 more children at a time. These cases are a little bit flush. 5 There's, like, maybe two parents and seven children, and 6 that -- it gets really complicated in this deal. Remember -- 7 you may remember when Rex stood up during the summer and told 8 us that these cases were really going to be expensive, and 9 they've reached about the $100,000 level. 10 COMMISSIONER BALDWIN: And so these two guys are 11 the only two working that were in there that particular -- 12 JUDGE TINLEY: No, there are a lot of other 13 lawyers. 14 COMMISSIONER BALDWIN: Do we have a lot more to 15 come? 16 MS. HARGIS: There's still one of the cases -- I 17 think one that hasn't been totally resolved. We still have 18 one left out there. 19 JUDGE TINLEY: If you'll recall, Commissioner, I 20 believe it was last meeting, on those two cases, we approved, 21 as I recall, over $40,000 total to various lawyers. 22 COMMISSIONER BALDWIN: I do remember that. 23 JUDGE TINLEY: This is just -- 24 MS. HARGIS: Just a continuation of that. 25 JUDGE TINLEY: -- part of it. 12-14-09 136 1 COMMISSIONER BALDWIN: You know how those lawyers 2 are. All right. And then the County Court down at the 3 bottom, Travis County Clerk, Court-Appointed Attorney, 365. 4 What does that mean? 5 MS. JOHNSON: That is a mental health case. 6 JUDGE TINLEY: That was a mental health case where 7 they apparently were on diversion here on emergency 8 detention. A patient went to Travis County, and that, I 9 think, is the total court costs for the mental health hearing 10 that was held in Travis County. We got to figure out where 11 we're going to allocate those court costs, because a lot of 12 those are getting stuck on my County Court budget, as you see 13 right there. I don't think that's where they belong, and I 14 made that known to the -- 15 COMMISSIONER BALDWIN: And this Court-appointed 16 attorney, is he a local attorney? 17 JUDGE TINLEY: No, no. 18 COMMISSIONER BALDWIN: Up in Travis County? 19 JUDGE TINLEY: But, actually, that's the entire 20 court cost on the mental health case that was -- took place 21 in Travis County after the patient was sent over there from 22 here. 23 COMMISSIONER BALDWIN: Okay. Does that happen very 24 often? 25 JUDGE TINLEY: Yeah, unfortunately, it does. 12-14-09 137 1 That's why my -- my Court-Appointed Attorney line item in my 2 County Court budget's in the ditch, and it's going to be in 3 the ditch. 4 COMMISSIONER BALDWIN: Okay. Page 3. 5 COMMISSIONER LETZ: You had an opening there, 6 talking about how poor a budgeter the county budget officer 7 is. I mean -- 8 JUDGE TINLEY: Those shouldn't be charged -- 9 COMMISSIONER LETZ: It's okay, Judge. 10 JUDGE TINLEY: -- against that budget. 11 COMMISSIONER LETZ: He was just slipping up down 12 there; I thought I'd just step into it. 13 COMMISSIONER BALDWIN: We're going to get to it 14 here in just a minute. Page 3, the top one there. Judge 15 Sherrill, special district judge, jail docket. Now, I'm 16 assuming that's the Friday morning deal that we do. 17 JUDGE TINLEY: Yep. 18 COMMISSIONER BALDWIN: Okay. I thought that -- 19 see, this is under 216th District Court. I thought that we 20 moved everything under one budget. Because, like, on Page 1, 21 under Nondepartmental, you have Mr. Cavazos. That is the 22 prosecutor out there for the jail docket. 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER BALDWIN: We have him in 25 Nondepartmental. And then we have Judge Sherrill, which is 12-14-09 138 1 in the same court, under -- still under 216th, and I thought 2 we moved everything to Nondepartmental. 3 MS. HARGIS: I think we moved the budgets -- you're 4 right. I'll have to check that. I'll have to check. 5 COMMISSIONER BALDWIN: I'm thinking that we said 6 that we're moving everything over there so we could kind of 7 keep an eye on all the costs. 8 JUDGE TINLEY: I'm thinking we created a separate 9 budget. We got -- we got the court reporter, we got the 10 prosecutor, and maybe we need to get the allocation for the 11 judges. I'm not -- 12 MS. HARGIS: I know the judges are there. 13 JUDGE TINLEY: The judges have a Special District 14 Judge line item in their budget. They may not want all of 15 that over there; they may just want some portion of it, so we 16 may have to figure out a method to parcel that out. 'Cause 17 each of them -- the 198th, 216th each have -- each have a 18 Special District Judge line item in their budget. 19 MS. HARGIS: Buster, you -- Commissioner Baldwin is 20 correct. We need to check that and make sure. He asked for 21 all of that to go in that line item. He is correct, and I 22 believe I set it up that way, but it may -- again, these are 23 people coming in that are posting these from -- and they're 24 posting the old ones. So, let me look at that and I'll get 25 that corrected. 12-14-09 139 1 COMMISSIONER BALDWIN: Looking at Judge Sherrill 2 here, if it didn't have the words "jail docket" on there, I 3 would have assumed that he was just sitting in for -- you 4 know, as a retired judge. 5 MS. HARGIS: That's right. And -- 6 COMMISSIONER BALDWIN: But it says jail docket. To 7 me, it needs to be over there in that same line. I -- I've 8 been at this a long time, and I still cannot get my mind 9 around this court reporter issue. (Laughter.) We have in 10 this -- in 216th -- 216th District Court, there is an Eddie 11 Morris Court Reporter, and then we have two down, Hill 12 Country Court Reporters. Why all of that? I don't get it. 13 MS. HARGIS: We have to -- 14 COMMISSIONER BALDWIN: We have a court reporter 15 that we pay that sits in that courtroom. I don't -- I don't 16 understand it. 17 MS. HARGIS: We have to supply the documents in 18 these cases for appeals. And -- and they're indigent, and -- 19 COMMISSIONER BALDWIN: That's the answer I get 20 every time. 21 MS. HARGIS: That's the only answer I know to give 22 you. That's what it is. It's only if they're indigent, 23 defense attorneys that we have to send it for. 24 COMMISSIONER BALDWIN: And then we go down to 25 198th, and we have Lisa Greenwalt, special court reporter. 12-14-09 140 1 And then we have Greenwalt Court Reporting, court 2 transcripts, and then we have Hill Country Court Reporters. 3 See, there's three different ones. The way I'm reading it is 4 three different ones in the 198th District Court. 5 COMMISSIONER LETZ: Since we -- I bet you know a 6 couple of those judges up there. Maybe you can ask them. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER BALDWIN: We have one here that we 9 know really well. 10 SHERIFF HIERHOLZER: One thing I can say, with more 11 and more court going on all the time, you know, such as last 12 week over the jail docket and that, you're running more 13 courts at one time. They're having to call in other court 14 reporters. It's not just the appeals. It's -- they use 15 other court reporters for a lot of the courts. 16 COMMISSIONER BALDWIN: See, that almost makes 17 sense. 18 JUDGE TINLEY: Well, that's where most of the 19 outside ones -- the Hill Country Court Reporting and Eddie 20 Morris, these are contract guys they bring in where you -- 21 MS. HARGIS: Also, if you will look at, under Lisa 22 Greenwalt, she bought supplies, and then we get reimbursed 23 back for those supplies -- she gets reimbursed for the 24 supplies that she bought. 25 COMMISSIONER BALDWIN: Is that what the word 12-14-09 141 1 "binders" is? Okay. See, I didn't know if that was 2 somebody. And then in between the Greenwalt folks is 3 "Bilingual Communication Cons." See, I'm not sure what that 4 is. 5 JUDGE TINLEY: Consultants. 6 COMMISSIONER BALDWIN: Consultants. Now, who -- 7 who do we pay? I see the issue is bilingual -- 8 MS. HARGIS: It's the name of the company. 9 COMMISSIONER BALDWIN: That's the name of the 10 company right there? 11 MS. HARGIS: Mm-hmm. 12 COMMISSIONER BALDWIN: Bilingual Communications is 13 the name of the company, all right. $250. 14 MS. HARGIS: That's for translations. 15 COMMISSIONER BALDWIN: Page 4, County Attorney. 16 Let's see. The second -- third one down, Books, 17 Publications, and Dues for the National District Attorneys 18 Association. Now, why does the County Attorney need to be a 19 member of the District Attorneys -- National District 20 Attorneys Association? 21 MS. BAILEY: Well, we have been -- we always have 22 been. I know that we utilize a lot of their publications and 23 some of the their training. A few years ago, when I was 24 special prosecutor, being a member of that, I went to 25 a training in South Carolina that was completely free, 12-14-09 142 1 transportation, lodging and everything, and I think that may 2 be a lot of the justification. They have a lot of good 3 trainings and publications that we utilize. 4 COMMISSIONER BALDWIN: Well, whatever. The next 5 one, Human Resources. 6 MS. HYDE: Oh. 7 COMMISSIONER BALDWIN: The second one there is 8 payment to Eva Hyde for office supplies, flowers for ill 9 employees. 10 MS. HYDE: Mm-hmm. 11 COMMISSIONER WILLIAMS: What page? 12 COMMISSIONER BALDWIN: Page 4. 13 COMMISSIONER LETZ: Page 4. 14 MS. HARGIS: We get reimbursed -- people donate 15 money to the Treasurer's office for reimbursement of the 16 flowers, and the -- and the Human Resources Department 17 generally purchases those, 'cause they know when someone's 18 ill. But we take up a fund amongst all of us. 19 COMMISSIONER BALDWIN: Yeah, I donate to that, 20 and -- occasionally. I haven't in a long time. So, that 21 fund is still there? 22 MS. HARGIS: And when Mindy runs short, she sends 23 out an e-mail and asks for us to give more money. 24 COMMISSIONER BALDWIN: And so Ms. Hyde goes out and 25 purchases the flowers, and then we take that fund and 12-14-09 143 1 reimburse her? Okay. Sounds like a silly way of doing it to 2 me, but that's fine. Okay. The next one down, office 3 supplies, reimbursement for Road and Bridge breakfast/enroll, 4 for $39. 5 MS. HARGIS: That was for training. For training. 6 It was for a training of the entire group, on I think the 7 C.D.L. and all of the things. That's the reason why Leonard 8 is wearing the U.T. hat this morning. One of the reasons. 9 COMMISSIONER BALDWIN: So, we buy -- the taxpayers 10 of Kerr County buy food for training sessions? 11 MS. HARGIS: For this particular training session, 12 we did, yes. 13 COMMISSIONER WILLIAMS: Is it budgeted? 14 COMMISSIONER BALDWIN: I've never heard of it. 15 COMMISSIONER WILLIAMS: Nether have I. 16 COMMISSIONER BALDWIN: Never heard of buying 17 flowers, either. 18 COMMISSIONER WILLIAMS: Food for training session. 19 Was this a budgeted item? 20 MS. HARGIS: Because it was very early in the 21 morning, and she felt that she needed to, I didn't have a 22 problem with it. It's a very low amount of money. You're 23 talking about 30, 40 people getting trained at one time. 24 She's doing the training free, so all we're paying for is the 25 breakfast. 12-14-09 144 1 COMMISSIONER LETZ: By "breakfast," I presume you 2 mean doughnuts? 3 JUDGE TINLEY: Doughnuts, yeah. Sweet rolls. 4 COMMISSIONER LETZ: I don't think you can feed -- 5 COMMISSIONER BALDWIN: Okay. What are the next 6 two? 7 MS. HARGIS: Those are for office supplies. We're 8 getting a lot of the officials having to purchase office 9 supplies on their credit cards right now, because we don't 10 have a credit card with Office Max any more. They've 11 discontinued their program. They don't have a credit -- we 12 can't go charge over there any more, so it's kind of -- we 13 used to have a card in my office; everybody would come by and 14 get this card and go and get their supplies, and we'd pay 15 Office Max, and they've discontinued that card. 16 COMMISSIONER LETZ: Do we still get the county 17 rate, or the rate that we were getting at Office Max? 18 Weren't we getting some kind of special pricing? 19 MS. PIEPER: We do at Office Depot. 20 COMMISSIONER LETZ: Which one's over here? 21 MS. HARGIS: Office Max. 22 MS. HYDE: We don't have that one. 23 COMMISSIONER LETZ: Then we shouldn't use them. I 24 mean, obviously, for an emergency, but it's hard for me to 25 figure out why you need an emergency -- 12-14-09 145 1 MS. PIEPER: I think that's the only time anybody 2 ever needs it. 3 MS. HARGIS: Most everybody orders online, even 4 Office Max. 5 COMMISSIONER LETZ: It's hard for me to envision 6 how we can have an office supply emergency. 7 COMMISSIONER BALDWIN: I never -- I never see -- 8 MS. HARGIS: Sometimes your cartridges run out on 9 your printers. 10 COMMISSIONER BALDWIN: I never see us reimbursing 11 Jody for office supplies. I never see that. How? How does 12 it happen here? I mean, do you ever do that? 13 MS. GRINSTEAD: No. I order everything off Office 14 Depot online. 15 COMMISSIONER BALDWIN: Okay. I'm missing something 16 here. I know I am. 17 COMMISSIONER WILLIAMS: You order, and the bill 18 goes directly to the Auditor. There's no reimbursement? 19 MS. GRINSTEAD: There's no reimbursement to me, no. 20 It goes through the purchase order system. 21 COMMISSIONER BALDWIN: So, does -- are there other 22 people that go and purchase out of their pocket, and then the 23 County reimburses them for office supplies? 24 MS. HARGIS: There have been -- 25 MS. JOHNSON: There has been some. 12-14-09 146 1 MS. HARGIS: There have been. 2 COMMISSIONER BALDWIN: Why do we not have credit 3 over -- 4 MS. HARGIS: Office Max no longer has a credit -- 5 their provider canceled them, so I think it's due to their 6 credit problems, not us. 7 COMMISSIONER BALDWIN: I see, yes. 8 COMMISSIONER WILLIAMS: And they provide us a 9 special discount? 10 MS. HARGIS: Yeah. Well, we have a -- you know, 11 our tax ID number. 12 COMMISSIONER LETZ: That's on file. I mean, 13 obviously, there's some things that you use it for, but we 14 need to do what we can to move as much online as possible, 15 through our discounted vendor. 16 MS. HARGIS: Keep in mind, there's a lot of 17 paperwork that goes through the Human Resource department, as 18 well as mine. We try and think in advance, but every once in 19 a while, one of our printers -- you're not going -- we try to 20 buy cartridges in advance, but that's not always the case. 21 MS. HYDE: Sometimes we're also asked to do things 22 like frame things, frame certificates, and it's like, "Oh, 23 okay." So, you kind of have to go and purchase them. 24 COMMISSIONER LETZ: Right, okay. 25 COMMISSIONER BALDWIN: I see one of those in 12-14-09 147 1 Commissioners Court here. 2 JUDGE TINLEY: Mm-hmm. 3 COMMISSIONER BALDWIN: Judge, that's all I have on 4 that. Until we get to the budget amendments. 5 COMMISSIONER WILLIAMS: On Page 4, -- 6 MS. HARGIS: Mm-hmm? 7 COMMISSIONER WILLIAMS: -- the Commissioner didn't 8 go down far enough. I want to talk about the County 9 Treasurer. 10 COMMISSIONER BALDWIN: I run out of energy. 11 COMMISSIONER WILLIAMS: Security State Bank, office 12 supplies. Explain what that's all about. 13 MS. WILLIAMS: These are deposit slips that we use 14 for the Kerr County revolving and clearing account. We have 15 three J.P.'s who turn their money in to us daily, and it goes 16 into this account. So, I ordered 1,000 deposit slips to try 17 to carry us through the year. 18 COMMISSIONER WILLIAMS: Okay, these are deposit 19 slips. 20 MS. WILLIAMS: Deposit slips, yes, sir. 21 COMMISSIONER WILLIAMS: All right. Thank you. 22 JUDGE TINLEY: Anything else? Do we have a motion? 23 THE CLERK: No, sir. 24 COMMISSIONER LETZ: I move we pay the bills. 25 COMMISSIONER WILLIAMS: Second. 12-14-09 148 1 JUDGE TINLEY: Motion made and seconded to pay the 2 bills. Question or discussion on the motion? All in favor 3 of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carries. Budget amendments. 8 We've been provided with a budget amendment request summary, 9 request Numbers 1 through 7. 10 COMMISSIONER BALDWIN: Judge, I have a question or 11 two. 12 JUDGE TINLEY: All right, sir. 13 COMMISSIONER BALDWIN: The first one, just help 14 me -- again, help me understand, is what all this is, I'm 15 sure. It's coming from County Attorney's elected official 16 salary to attorney fees. 17 MS. HARGIS: That's correct. 18 COMMISSIONER BALDWIN: What attorney fees? 19 JUDGE TINLEY: I can answer that, Commissioner. 20 The County Attorney's office has a contract attorney's fee 21 line item -- 22 COMMISSIONER BALDWIN: Mm-hmm. 23 JUDGE TINLEY: -- that they utilize when they 24 contract for attorneys to provide various services. 25 Occasionally, there will be a conflict, or because of 12-14-09 149 1 coverage issues, they have to have somebody to handle mental 2 health cases, juvenile cases. So, because of them being 3 short-staffed down there now, they're doing some of these 4 attorney functions with contracted lawyers. 5 COMMISSIONER BALDWIN: Mm-hmm. 6 JUDGE TINLEY: And they're moving money from the 7 elected official's line item, which is no longer being 8 utilized, over to that line item so that they can pay those 9 lawyers. 10 COMMISSIONER BALDWIN: Mm-hmm. 11 MS. HARGIS: Because they're short-staffed on 12 attorneys right now. 13 COMMISSIONER BALDWIN: So, there's $1,000 there. 14 Are we going to continue this practice? Are we going to fill 15 that slot? Or -- 16 MS. BAILEY: There's no slot to fill. 17 MS. HARGIS: There's no slot to fill. It's an 18 elected official position, and it's empty. 19 COMMISSIONER BALDWIN: So, we're going to continue 20 that practice? Or are we going to -- you tell me. 21 JUDGE TINLEY: Well, until -- till they get the 22 adequate number of lawyers down there, we're probably going 23 to continue -- they're probably going to continue to use 24 contracted lawyers to perform these functions. 25 COMMISSIONER BALDWIN: And that won't happen until 12-14-09 150 1 the election? 2 MS. BAILEY: Well, it won't happen until you make 3 an appointment. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER BALDWIN: And so what I think I'm 6 seeing is that there's $96,500 in -- in -- 7 MS. HARGIS: Rex's line. 8 COMMISSIONER BALDWIN: -- Rex's line. 9 MS. HARGIS: That's correct. 10 COMMISSIONER BALDWIN: And so we have -- we can do 11 this 96 times. 12 JUDGE TINLEY: Well, dependent upon, you know, what 13 level of service they're contracting for, they -- they will 14 now have a balance of $3,500 to work from. They were 15 anticipating that 1,000 wasn't going to be enough, so they 16 requested to move some more to that account. 17 COMMISSIONER BALDWIN: Okay. 18 JUDGE TINLEY: This should carry them for some 19 period of time. 20 COMMISSIONER BALDWIN: Okay. And then Number 2, 21 maintenance. So, we're taking $3,500 out of the operating 22 equipment and putting some in insurance and some in capital 23 outlay. 24 COMMISSIONER LETZ: Taking $425 out of Operating 25 Equipment, putting some into insurance and -- 12-14-09 151 1 COMMISSIONER BALDWIN: I see. There's 35 just 2 sitting there, though. I see it. 3 MS. HARGIS: They just didn't have enough for their 4 insurance or capital outlay money. 5 COMMISSIONER BALDWIN: Okay. Which brings my -- 6 and I understand that, and I appreciate your explanation. 7 The capital outlay issue, is that something that we've 8 already made the purchase, and now we're backing up to pay 9 for it? 10 MS. HARGIS: In this particular case, it was an 11 item we had to put in because of something that broke. It 12 was -- it was an emergency item. That's the only thing that 13 we would approve. 14 COMMISSIONER BALDWIN: It's a capital outlay item? 15 MS. HARGIS: Yes. He has a little bit of capital 16 outlay in -- general capital outlay in his emergency line 17 items. We left a little bit in some people's line items, not 18 a lot, and we did in his. 19 COMMISSIONER BALDWIN: Okay. 20 MS. HARGIS: We took some of the small items -- as 21 you recall, I didn't want to make an issue with these little 22 bitty line items, so we took the small items and put them 23 back in the regular budget. 24 COMMISSIONER BALDWIN: Okay. And the same thing 25 with Sheriff's department. So, we took some out of vehicle 12-14-09 152 1 insurance and we -- basically, we didn't budget correctly. 2 So, we already -- we're two and a half months in this budget, 3 and we're short on bonds and insurance and the estray line. 4 MS. HARGIS: We didn't budget in the estray line 5 'cause we hadn't had anything in there in five years, so 6 that's the reason why. 7 COMMISSIONER BALDWIN: And we've suddenly had a cow 8 appear? 9 SHERIFF HIERHOLZER: We normally -- in the estray, 10 we normally put 500 a year, and then what happens is we use 11 it right off the bat, but then when that estray animal goes 12 to market -- 'cause if they get auctioned off, it kind of 13 replenishes it. So, we go through a lot more than 500 a 14 year, but it kind of helps just keep its own balance going 15 on. Maybe they had a little bit more. 16 JUDGE TINLEY: So, if you're missing a cow, he may 17 have sold it and got the money for it. 18 COMMISSIONER BALDWIN: Do you have my cow? 19 SHERIFF HIERHOLZER: I wouldn't want your cow, 20 Buster. 21 COMMISSIONER BALDWIN: Tell me about the Law 22 Library. 23 MS. HARGIS: This is group insurance. As you 24 recall, Linda gets paid a small portion of her salary out of 25 the library to run it. 12-14-09 153 1 COMMISSIONER BALDWIN: Mm-hmm. 2 MS. HARGIS: And the group insurance line item is 3 being hit for that amount of money, and we -- we just needed 4 to set that line item up. We didn't have it in the prior 5 years; it's only been set up as a salary line item. And they 6 set her check up to where the money's coming out of that line 7 item. We had to fix it. 8 COMMISSIONER LETZ: Why would you take out that 9 much money, though? 10 MS. HARGIS: 'Cause that's all it's going to be for 11 the year. 12 COMMISSIONER LETZ: Oh, okay. 13 MS. HARGIS: In other words, we fixed it for the 14 entire year. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER BALDWIN: Okay. Number 5, explain 17 that one to me, please. 18 MS. HARGIS: As you recall, at the last meeting I 19 got up and kind of made a report that we got a grant, as 20 you'll recall, for placing those connections, and we fixed 21 14. We were really only supposed to fix 12, but we managed 22 to get 14 done. We had one left; it was a health hazard, and 23 so, you know, I agreed that it should be done. And I told 24 y'all I would bring a budget amendment back, that we would 25 actually pay for one out of the -- so, we actually got three 12-14-09 154 1 additional. So, we've cleaned up all of those taps that were 2 bad in that particular area, and we got a good -- they 3 normally cost about 1,500 a pop, and we got them for 1,000. 4 We only thought we originally were going to get 12 done, but 5 we actually got 14, and we had one left, and it was really 6 bad. 7 COMMISSIONER WILLIAMS: Shouldn't the -- shouldn't 8 the -- aren't those two lines reversed? Should it not be 9 coming from County-sponsored to Environmental Health? Aren't 10 they reversed? 11 MS. HARGIS: Yes, they are. 12 COMMISSIONER WILLIAMS: Thank you. 13 COMMISSIONER BALDWIN: "Couinty"? 14 MS. HARGIS: Yeah, I noticed that too. Sorry, I 15 can't spell. 16 COMMISSIONER BALDWIN: I accept your apology. See 17 how big we are today? Now, what about the County Auditor? 18 What is that about? 19 MS. HARGIS: That's what you just approved -- 20 actually, no. That is overtime for the employee that 21 attended the investment session, because it was actually from 22 Sunday through Saturday, and she -- they actually went to 23 class starting in -- on Sunday at 3 o'clock in the afternoon. 24 And I was actually there at the same time with them. And 25 then they were tested on Saturday. So, they -- and they were 12-14-09 155 1 picked up at their hotel at 7 o'clock in the morning. They 2 actually worked almost 12 hours a day. She only charged us 3 for the Sunday and Saturday portion, and that she had 4 overtime. And I didn't have any overtime budgeted. 5 COMMISSIONER OEHLER: I don't ever remember paying 6 county employees to attend conferences. 7 SHERIFF HIERHOLZER: If it's related to their -- if 8 it's related to their job duties, a lot of times, under FMLA 9 now, you don't have a choice. 10 COMMISSIONER WILLIAMS: No, you do. Job-related. 11 COMMISSIONER OEHLER: Well, yeah. I mean, they 12 don't have to be present, but they get paid whether they're 13 here or not. 14 MS. HARGIS: Well -- well, but they don't on 15 Saturday and Sunday. 16 COMMISSIONER OEHLER: Now we're paying them 17 overtime to go to conferences? 18 JUDGE TINLEY: This is because they were required 19 to be there. 20 COMMISSIONER LETZ: On a Sunday. 21 JUDGE TINLEY: On a Saturday or Sunday, beyond 22 their -- what they're paid for, 40 hours. 23 COMMISSIONER OEHLER: Only conference to attend in 24 the whole year, huh? 25 MS. HARGIS: Well, it wasn't really a conference; 12-14-09 156 1 it was a training. 2 JUDGE TINLEY: Training session. 3 COMMISSIONER OEHLER: I cannot believe this one. 4 COMMISSIONER BALDWIN: Okay. 5 COMMISSIONER OEHLER: Okay. 6 COMMISSIONER BALDWIN: Would you explain Number 7 7 to me, please? So, some money -- I can't come up with the 8 right amount right now, 'cause I don't understand this, but 9 some money is coming from Information Technology, and it's 10 going to Nondepartmental? 11 COMMISSIONER LETZ: $5,000. 12 MS. HARGIS: When we budgeted for the telephone in 13 the I.T. Department, we budgeted for the telephone and the 14 cable in the past. And we zeroed out our nondepartmental 15 line item, because we weren't going to pay the cable out of 16 there. But we had to -- to re-set up that line item, because 17 it's -- John didn't feel like he -- 18 MR. TROLINGER: I canceled that one. I called you 19 about it. 20 MS. HARGIS: Yeah. We decided to cancel, that's 21 right. 22 MR. TROLINGER: I'd called you about it; you agreed 23 to strike that one. Thank you. 24 COMMISSIONER LETZ: That one's deleted? 25 COMMISSIONER BALDWIN: Wait a minute. What? 12-14-09 157 1 MS. HARGIS: It basically -- it basically has to do 2 with the cable. We pay for their internet, and we pay for 3 telephone. And John had only -- we had only budgeted for a 4 phone in his line item, not the cable, so we were trying to 5 fix it. But we decided we have enough money in that line 6 item to make it work, so we both agreed to remove it, and I 7 forgot. 8 COMMISSIONER BALDWIN: Do I draw a line through 9 this? 10 MS. HARGIS: Yes, please. You had already -- 11 COMMISSIONER BALDWIN: The last one, we won it. 12 Thank you very much for your energy, ma'am. 13 MS. HARGIS: You had already received your packets 14 when we decided to delete it. 15 COMMISSIONER LETZ: I move approval of the budget 16 amendments. 17 JUDGE TINLEY: 1 through 6? 18 COMMISSIONER LETZ: Yes, 1 through 6. 19 JUDGE TINLEY: All right. We have a motion. 20 COMMISSIONER BALDWIN: I think you did -- 21 COMMISSIONER LETZ: He's looking for a second. 22 COMMISSIONER BALDWIN: Oh, I'll second. 23 JUDGE TINLEY: We have a motion and a second. 24 Question or discussion on the motion? All in favor of the 25 motion, signify by raising your right hand. 12-14-09 158 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Do we have 5 any late bills? 6 MS. HARGIS: No, sir. 7 JUDGE TINLEY: I've been presented with monthly 8 reports from Constable, Precinct 3; Justice of the Peace, 9 Precinct 3; County Clerk; Constable, Precinct 1; District 10 Clerk; Justice of the Peace, Precinct 4; Justice of the 11 Peace, Precinct 1; Constable, Precinct 3; and Environmental 12 Health; Constable, Precinct 4; Justice of the Peace, Precinct 13 2; Kerr County payroll for November '09; and Kerr County 14 Treasurer for November '09. Do I hear a report that these -- 15 do I hear a motion that these reports be approved as 16 presented? 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER OEHLER: Second. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded that the 21 listed reports be approved as presented. Question or 22 discussion? All in favor of the motion, signify by raising 23 your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 12-14-09 159 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Reports from 3 Commissioners. Commissioner Letz? 4 COMMISSIONER LETZ: I think the only report that I 5 have is that I will not be here on the 28th, or the next 6 meeting. I believe it's -- I think it's the second meeting 7 I've missed in -- whatever it is, 13, 12 years, something 8 like that. Anyway, I'll be out of town. That's it. 9 JUDGE TINLEY: Commissioner Oehler? 10 COMMISSIONER OEHLER: Nothing here. 11 JUDGE TINLEY: Commissioner Baldwin? 12 COMMISSIONER BALDWIN: I'm probably going with Jon. 13 COMMISSIONER LETZ: On the 28th? 14 JUDGE TINLEY: The Auditor will probably provide 15 you with adequate funding to do that. 16 COMMISSIONER BALDWIN: Absolutely. At least to get 17 some damn overtime. 18 COMMISSIONER OEHLER: Yeah, you can apply for 19 overtime now. 20 COMMISSIONER BALDWIN: Yeah. We're going to New 21 Mexico for a week. 22 COMMISSIONER OEHLER: Make sure it's Saturday and 23 Sunday. 24 COMMISSIONER WILLIAMS: Going to Del Rio? 25 COMMISSIONER BALDWIN: Yeah. 12-14-09 160 1 COMMISSIONER WILLIAMS: Can I go? 2 JUDGE TINLEY: Anything else other than your 3 upcoming trip? 4 COMMISSIONER BALDWIN: I expect not. 5 JUDGE TINLEY: Commissioner Williams? 6 COMMISSIONER WILLIAMS: Couple items, Judge. 7 Kerrville South wastewater, I continue to fight this battle 8 of easements, and they've got another proposal advanced to 9 the City for it to take a look at it to see if we can figure 10 out a way to hook up those eight properties in Phase I that 11 front Ranchero Road. I had a call back from the City 12 Manager, but he was traveling and I couldn't understand what 13 he was saying, so I'll give him a call later this afternoon; 14 we'll see where that goes. On the AACOG front, the board 15 approved the budget for 2010. You'll be interested to know 16 that the board -- the budget for AACOG, the final project 17 budget for '09 is 34,975. $35 million. The '10 budget is 18 going to be $47 million 836. 19 COMMISSIONER LETZ: Wow. 20 COMMISSIONER WILLIAMS: Which represents almost a 21 37 percent increase. Now, where do those dollars come from? 22 Well, they came from the various and sundry stimulus moneys 23 that have been trickling down to and through state of Texas, 24 and a good portion -- proportion of that, that's coming into 25 the AACOG region. So, we'll continue to do what we do there. 12-14-09 161 1 The assignments for board standing committees were approved 2 for next year, and while I no longer will chair the rural 3 judges, because that changes from year to year, and Judge 4 Wiggins of Guadalupe County will replace me as the chair of 5 that, I will serve, in addition to the board, on the 6 legislative committee and on the executive committee or the 7 management audit committee, and on the strategic planning 8 committee. That's it. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER WILLIAMS: One other quickie. 5.8 is 11 the October unemployment rate for Kerr County. 12 COMMISSIONER BALDWIN: What was it? 13 COMMISSIONER WILLIAMS: 5.8. 14 COMMISSIONER LETZ: That number isn't the rate we 15 were told. 16 COMMISSIONER BALDWIN: Yeah, that lady said it was 17 a little bit higher than that. 18 COMMISSIONER WILLIAMS: Maybe it is, maybe it 19 isn't. That came from Workforce. 20 JUDGE TINLEY: Do we have any reports from elected 21 officials? Why do I ask? 22 SHERIFF HIERHOLZER: You ought to know. I told you 23 I would do this. First off, just something I think you ought 24 to know. And I did give y'all a letter; I sent it out with 25 the jail stuff, but I don't mind the media hearing this. I 12-14-09 162 1 was extremely proud of our jail staff and all the Sheriff's 2 Office last week. To give you an example, Thursday we had a 3 capital murder trial going that we took over security of due 4 to certain things that were going on, which caused us to have 5 more people on metal detectors, more people in the courtrooms 6 with electronic equipment. At the same time, we had 198th 7 pretrial involving inmates in the other big courtroom. We 8 had 198th grand jury behind that courtroom. We had the 9 felony sexual assault trial that got moved downstairs into 10 County Court at Law courtroom; we -- we had to have security 11 in it. And we had Attorney General's court starting off the 12 day in this courtroom, with inmates that had to be in 13 Attorney General court, and finishing up in this courtroom 14 with, of course, the Judge's juvenile court, all of that 15 drastically drawing on manpower, because it was all at one 16 time. 17 And at 8:30 that morning, for the first time in my 18 10-year career as Sheriff, the State Jail Commission walked 19 in the front door of the jail and said, "We're having a 20 surprise inspection." So, we got out about 7 o'clock that 21 evening. I want you to know that the jail passed quicker and 22 better, even at 7 o'clock that evening, than we probably ever 23 had in the jail inspection, and I was extremely proud of 24 those. That's not counting 10 inmates having come in and 25 being booked and released the night before. The jail staff 12-14-09 163 1 had to -- had to deal with all those issues. The constantly 2 dressing out, swapping inmates to all the different courts, 3 and then having the Jail Administrator and myself and the 4 jail inspector running around the jail setting off alarms, 5 trying to get them to mess up and fail on some of their 6 stuff, and they did not. They did an outstanding job, and I 7 was really proud of our jail for what they did. 8 Now, back to the normal issue of inmates. We're at 9 142 this morning. We finally got to ship a whole bunch out 10 to T.D.C., so that has dropped our population, really. I do 11 have some concerns. 216th, who does more of the fast track, 12 you know, the quick docket -- jail docket, still has 41 in 13 jail that are pending getting resolved. 198th has taken care 14 of theirs all the way down to 23. They aren't doing much of 15 that type. County Court at Law has 37. Sentenced or with 16 parole violations, we currently have 35. And Gillespie 17 County is housing 18. So, all in all, it's a better jail 18 situation than we were last month. And I know 198th had a 19 lot of other stuff going, because, I mean, with 216th, they 20 didn't have quite the -- the off-line docket because of 21 getting prepared, of course, for that capital trial, and they 22 had to try it over here instead of 216th. So -- but I think, 23 all in all, they did real well. But the main thing this 24 time, I -- you know, first surprise inspection in 10 years, 25 and they're supposed to do one every few years, but I was 12-14-09 164 1 tickled to death, 'cause I know there was at least one jail 2 in our area that failed, and another one that had some 3 issues, so I was really proud. 4 COMMISSIONER LETZ: Bandera open? 5 SHERIFF HIERHOLZER: Bandera's open, and they did 6 pass theirs. Fredericksburg -- 7 COMMISSIONER LETZ: I kind of wondered if they were 8 open finally. 9 SHERIFF HIERHOLZER: Yeah, they've been open. I 10 understand Fredericksburg had some more issues. But I think 11 ours did remarkable. 12 COMMISSIONER LETZ: Good. 13 SHERIFF HIERHOLZER: That's it. 14 JUDGE TINLEY: Thank you, sir. Any other elected 15 officials? Department heads? 16 MR. TROLINGER: The question came up during the 17 telephone agenda item about the dates. We've had that 18 preconstruction meeting. We're going to start the install of 19 the wiring on the 4th of January, and expect to be complete 20 by January 22nd. 21 COMMISSIONER WILLIAMS: Got a start date and a 22 finish date. 23 JUDGE TINLEY: My I.T. department at work over 24 there. (Laughter.) 25 COMMISSIONER BALDWIN: Can you put him in charge of 12-14-09 165 1 Afghanistan, then? 2 JUDGE TINLEY: Well, let's see how he does on the 3 withdrawal on this deal first, okay? Any other department 4 heads? 5 MS. HYDE: One more. 6 JUDGE TINLEY: Ms. Hyde? 7 MS. HYDE: I can't give you copies of this, because 8 it's got names on it, but you do need to know that we have 9 had a lot of providers -- health care providers in the Kerr 10 County area that have sent out letters to mature individuals, 11 and starting January 1, 2010, will no longer be participating 12 Medicare providers in Kerr County. And we're not talking, 13 like, two or three; we're talking 30 to 40 physicians' 14 offices have already sent these letters out. And we're 15 fielding a lot of the calls downstairs right now, but just so 16 that y'all know, that's a big deal. 17 COMMISSIONER LETZ: Reason? 18 MS. HYDE: Their reason is that they -- 19 COMMISSIONER LETZ: Payment? 20 MS. HYDE: -- have had to borrow money or find 21 other ways to keep their offices open, because of money. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER OEHLER: Reimbursements. 24 COMMISSIONER WILLIAMS: A case of Uncle Sam not 25 recognizing that their costs continue while the reimbursement 12-14-09 166 1 goes down, and that's a no-win situation. 2 JUDGE TINLEY: Any other elected officials? 3 Department heads? Anything else, gentlemen? 4 COMMISSIONER BALDWIN: Lunch. 5 JUDGE TINLEY: Okay, we'll be adjourned. 6 (Commissioners Court adjourned at 12:28 p.m.) 7 - - - - - - - - - - 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 official reporter for the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 18th day of December, 17 2009. 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25 12-14-09