1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, September 13, 2010 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 September 13, 2010 2 PAGE --- Commissioners' Comments 6 3 1.1 Consider/discuss, take appropriate action to 4 set a public hearing for revision of plat for Lots 707 and 708 of Cave Springs Addition, 5 Section Seven, Volume 6, Page 333, Pct. 4 9 6 1.2 Consider/discuss, take appropriate action to approve budget for Kerr 911 10 7 1.4 Consider/discuss, take appropriate action on 8 request from Kerrville Main Street to use the courthouse grounds for the holiday festival on 9 November 20, 2010 21 10 1.8 Public Hearing for installing a stop sign at main entrance of C.A.M.P. Camp on Skyline Drive, 11 Center Point, Pct. 2 25 12 1.5 Consider/discuss, take appropriate action on extension of waiver of liquidated damages for 13 Sheriff's Office Annex Building during period contractor corrects damaged or improperly 14 installed roof panels and resulting damage caused by subcontractor 26 15 1.7 Open bids for electrical, plumbing, HVAC, and 16 pest control and give to Maintenance Supervisor for review and recommendation 31 17 1.9 Consider/discuss, take appropriate action for 18 final approval for installing a stop sign at main entrance of C.A.M.P. Camp on Skyline Drive 32 19 1.3 Consider/discuss, take appropriate action to 20 declare 10 filing cabinets from Environmental Health as surplus 33 21 1.6 Consider/discuss, take appropriate action on 22 Change Proposal #18 to contract with Kendnal Kasper Construction, Inc., on Kerr County 23 Sheriff's Annex/Adult Probation building project 34 24 1.10 Consider/discuss take appropriate action regarding Commissioners Court approval to hire 25 ASE mechanic to fulfill federal DOT regulations 36 3 1 I N D E X (Continued) September 13, 2010 2 PAGE 3 1.11 Consider/discuss, take appropriate action regarding completion of Animal Control Officer 4 certification educational/position increase 38 5 1.12 Consider and take action to lift hiring freeze to allow for replacement of a key employee that 6 is resigning effective Sept. 15 39 7 1.14 Consider/discuss, take appropriate action on request to use courthouse grounds for Cowboy 8 Breakfast on January 14, 2011 44 9 1.13 Consider/discus, take appropriate action to approve contract amendment with Freese & Nichols 10 for on-site construction oversight services for repair of Flat Rock and Ingram Lake Dams 48 11 1.15 Consider/discuss, take appropriate action 12 regarding extension of Kerr County teen curfew for another year 51 13 1.16 Consider/discuss, take appropriate action to 14 set sheriffs and constables fees for 2011 52 15 1.17 Consider/discuss, approve disposition of Kerr County Sheriff's Office surplus property 63 16 1.18 Consider/discuss, take appropriate action to 17 approve setting cost for FY 2010/11 budget 64 18 1.19 Consider/discuss, take appropriate action on invitation from Kerr County Historical Commission 19 to attend joint meeting with them on Nov. 8, 2010 65 20 1.20 Consider/discuss, take appropriate action on request from Roy Walston to use some of the dirt 21 from old outdoor arena for a gardening project 66 22 1.21 Consider/discuss, take appropriate action to ratify and approve new copier contract for 23 Crime Victim Services/Indigent Health Department 74 24 4.1 Pay Bills 77 4.2 Budget Amendments 78 25 4.3 Late Bills 83 4.4 Approve and Accept Monthly Reports 85 4 1 I N D E X (Continued) September 13, 2010 2 PAGE 3 1.22 Consider/discuss, take appropriate action on property acquisition in east Kerr County for a 4 Road and Bridge equipment yard. (Exec. Session) 86 5 1.23 Consider/discuss, take appropriate action to lift hiring freeze for Juvenile Probation 6 Department to allow hiring Juvenile Probation Officer as may be necessary to be in compliance 7 with TJPC ratios and requirements 88 8 1.24 Consider/discuss, take appropriate action on Change Proposal #4 to contract with Kendnal 9 Kasper Construction, Inc., on Kerr County Sheriff's Annex/Adult Probation building project 91 10 1.25 Consider/take action to lift hiring freeze to 11 allow for replacement of a key employee that is resigning effective Sept. 15 (Executive Session) -- 12 5.1 Reports from Commissioners/Liaison Committee 13 Assignments 92 5.2 Reports from Elected Officials/Department Heads 97 14 --- Recessed 110 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, September 13, 2010, 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 regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, September 13, 2010, at 9 a.m. It's a bit past 11 that time now, so let's get started. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. Please stand and 13 have a word of prayer with me, and then we'll do the pledge 14 of allegiance. 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE TINLEY: At this time, if there's any member 18 of the public or audience that wishes to be heard on a matter 19 which is not a listed agenda item, this is your opportunity 20 to come forward and tell us what's on your mind. If you wish 21 to be heard on an agenda item, we'd ask that you fill out a 22 participation form. There should be some located at the rear 23 of the room. It's not essential that you do that, but it 24 helps me to know that there is someone that wishes to be 25 heard on that item. If you have not, for some reason, filled 9-13-10 6 1 out a participation form when we get to an agenda item, and 2 you wish to be heard on that, get my attention in some manner 3 and I'll give you that opportunity. But right now, if 4 there's any member of the public or the audience that wishes 5 to be heard on any matter which is not a listed agenda item, 6 come forward and tell us what's on your mind. Seeing no one 7 coming forward, we will move on. Commissioner 1? 8 COMMISSIONER BALDWIN: Judge, I have one issue here 9 that I wanted to bring up. I was approached over the 10 weekend. I have in my hand -- my formerly nicotine-stained 11 fingers, as Rush would say -- petitions against tax 12 increases. And here, they're yours. 13 JUDGE TINLEY: Okay, thank you. 14 COMMISSIONER BALDWIN: Congratulations. And that's 15 all I know right now. 16 JUDGE TINLEY: Commissioner Williams? 17 COMMISSIONER WILLIAMS: Just a word about a very 18 beautiful person that died this past week, well-known in the 19 community, one who contributed a lot during her life. That 20 would be Linda Lashley. And she fought a valiant fight 21 against mesothelioma, and nobody wins that battle. So, just 22 keep her family in your prayers. I think her service is this 23 afternoon. 24 JUDGE TINLEY: Anything further? 25 COMMISSIONER WILLIAMS: That's it. 9-13-10 7 1 JUDGE TINLEY: Commissioner Letz? 2 COMMISSIONER LETZ: I'm not sure what the rest of 3 the county had, but we had some great rains. We had anywhere 4 from probably 6 to 8 inches in the eastern part of the 5 county. It came slow, very -- I mean, minor, minor creek 6 rises, which is always good, so I think everyone's happy 7 about that. I've got, it appears, one more meeting of my 8 group in Austin, the statewide subdivision task force. 9 COMMISSIONER BALDWIN: They're going to let you 10 back? 11 COMMISSIONER LETZ: Well, I look at it as a 12 compliment, but a group in there advised me at lunch that I 13 was the most hated person in the room, and they said that was 14 a compliment. Because that group is primarily -- I don't 15 know. People have a different way of thinking than we do in 16 Kerr County; put that it way. 17 COMMISSIONER OEHLER: Pro control? 18 COMMISSIONER LETZ: And they're -- anyway, but that 19 was a compliment. Hopefully we're making a little bit of 20 headway on trying to get this going forward through the 21 Legislature. And anyone that has nothing better to do 22 today -- or this evening at 6 o'clock, we can meet at the El 23 Chaparral Restaurant in Helotes, join me with the -- the 24 Southern Edwards Plateau Habitat Conservation Plan CAC 25 meeting. 9-13-10 8 1 COMMISSIONER BALDWIN: Can you go? 2 COMMISSIONER WILLIAMS: I was planning on it, yeah. 3 COMMISSIONER LETZ: Be exciting. 4 COMMISSIONER BALDWIN: I'll drive. 5 COMMISSIONER LETZ: It will be exiting. That's it. 6 COMMISSIONER OEHLER: You both can go. 7 COMMISSIONER WILLIAMS: No. No. 8 COMMISSIONER OEHLER: Likewise, we had some great 9 rains in the western end, too. Not as much as the eastern 10 end got, but wonderful, somewhere in -- 3-inch rains, most of 11 it, and things are green and wet, and just looks like it 12 might be a good fall. Other than that, we got a long agenda. 13 JUDGE TINLEY: I was noticing the year-end Indigent 14 Health care reports. Their fiscal year corresponds with the 15 state, so that ends August 31, and very interesting report. 16 The -- the gross expenditures for this current year 17 immediately past was $161,000 and change. That compares to 18 the year prior, which was -- gross expenditures were $444,000 19 and change. I didn't pull up the year prior to that; that 20 would have been a very interesting comparison also. But just 21 between those two years, the expenditures for this immediate 22 past year were 36 percent of the prior year. That's gross. 23 Now, there was some reimbursements obtained also through that 24 office of almost $26,000, which brings that program net cost 25 for this past year to 135,500, approximately. So, good work 9-13-10 9 1 being done down there, and -- and real close watch on the 2 taxpayer dollars, and we appreciate the work that -- that 3 they're doing down there. So, when you see those folks, 4 thank them for the good work. That's Dawn Lantz and Rosa 5 Lavender that kind of oversee that department. 6 Let's move on with the agenda that we have. The 7 first item is to consider, discuss, and take appropriate 8 action to set a public hearing for the revision of plat for 9 Lots 707 and 708 of Cave Springs Addition, Section 7, as 10 shown in Volume 6, Page 333, Plat Records, and located in 11 Precinct 4. 12 MR. ODOM: Yes. Good morning. Robert and Debra 13 Hayes own Lot 708 in Cave Springs Addition 7. The road 14 frontage at the cul-de-sac is currently 43.8 feet. Mr. and 15 Mrs. Hayes would like to make the 43.8 feet into 50 feet, and 16 then reduce the back line 6.2 feet. Lot 707 is owned by 17 Canyon Springs Properties, and Lot 707 is the lot that the 18 additional frontage is coming from, and will also be the lot 19 to gain the additional 6.2 feet on the property's back line. 20 Also, I'd just like to comment that in case -- 30 days from 21 now, Commissioner Baldwin, if they don't have this right, 22 then we will pass over. Commissioner Oehler. So, they have 23 some things to do. One of them's floodplain that we 24 discussed, okay? But if it's correct, then we will go, you 25 know, forward to finalize that; be an alternate plat. At 9-13-10 10 1 this time, we ask the Court to set a public hearing for 2 October the 25th, 2010, at 9:10 a.m. 3 COMMISSIONER OEHLER: Move approval. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: Motion made and seconded to set a 6 public hearing on the matter for October the 25th, 2010, at 7 9:10 a.m. Question or discussion on the motion? All in 8 favor of the motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go to 13 Item 2; consider -- a timed item. Consider, discuss, take 14 appropriate action to approve budget for Kerr 911. 15 Mr. Amerine? 16 MR. AMERINE: Morning. I'm Bill Amerine; I'm the 17 Executive Director for Kerr 911. With me here today is also 18 Mark DelToro, the Assistant Director for Kerr 911. In 19 accordance with the Health and Safety Code 772, Subchapter D, 20 every year the director will produce a budget under the 21 direction of his board, and provide that budget to the 22 jurisdictions for review and approval. We've done that. The 23 board approved our preliminary budget on the 5th of August, 24 2010, and it was approved on the 7th of September by the City 25 of Ingram, and the 24th of August by the City of Kerrville. 9-13-10 11 1 And I'm here today to talk about the highlights of this 2 budget and answer any questions you have. This is a balanced 3 budget. We are only seeing one-half of one percent -- this 4 is what we're projecting, anyway -- one-half of one percent 5 increase in revenues for 2011, which is less than a $2,000 6 increase. A good part of our cost that we spend that revenue 7 on is in the wireless selective routing fees, wireless 8 location technology, and all the circuits and telephony that 9 are required to make the 911 system work. That's a 10 $90,000 -- $90,900 expense this year -- or in 2011. 11 There are staff salary increases. I'd like to 12 address those further, 'cause I'm sure that will get some 13 conversation, a 5.16 percent. Business trunk 911 tax 14 surcharge rate, we will be decreasing by 6.45 percent. This 15 is the third tax decrease since 2003. We're not changing the 16 residential or the business POTS rates; those will stay the 17 same at 34 cents and 87 cents respectively. But the business 18 trunk, that's the PBX trunks that come into businesses where 19 they have multiple lines and they're on switches, those rates 20 will go from $1.54 to $1.45 effective 1 January. This budget 21 that we presented to you several weeks ago had our part-time 22 secretary going to full-time status beginning of January. 23 That budget was approved based on that assumption, so a lot 24 of the additional costs in the our personnel line item were 25 based on that increase in salary based on full-time status 9-13-10 12 1 versus part-time, as well as all the health care costs 2 associated with that, taxes and retirement. 3 Subsequent to -- or shortly after the budget was 4 approved by our board and the City Councils, that individual 5 decided they'd prefer to stay part-time. Which is fine; 6 we'll take her either way. But what that effectively has 7 done, we're still presenting the budget as if that position 8 will be full-time, with the idea that we might be able to 9 work that concept into her mind so that she would be happy 10 with it later on. But if she stays part-time through next 11 year, then the actual increase in personnel costs for 2011 12 will only be $18. The 2010 approved budget for salaries was 13 127,162, and the likely, if she stays part-time through 2011, 14 cost of salaries for the three of us will be $127,180 an $18 15 increase. And actually, because there are some decreases in 16 things like overtime wages since she's part-time, will 17 actually go from a hundred -- 2010 approved staffing cost of 18 $171,054, to $170,811, a $242 decrease in overall personnel 19 costs for 2011. 20 So, let me address the staff increase, the salary 21 increases. The Executive Director is not taking an increase. 22 I earn enough. But I have a parity issue with my assistant 23 director, who earns less than most secretaries at the city of 24 Kerrville. To keep and -- and retain qualified people who 25 can do the job -- and, by the way, myself and the assistant 9-13-10 13 1 director are on 24-by-7 call to make sure that the system 2 stays up. It's -- I think it's wrong to pay young people, 3 especially those with families, money that barely gets them 4 out of the poverty level. And what we're doing is raising 5 his income from 41,000 to 45,000. 45,000, if you look at 6 what senior managers and directors make in Kerrville, isn't 7 even in the lower scale. Lower scale starts around 48 and 8 goes up to 75. So, even with that increase, he's still not 9 making as much as most senior managers and directors in Kerr 10 County. 11 With that, let me talk about what we're doing this 12 year. We're currently in the process of receiving about 13 $325,000 worth of new 911 equipment. It's arriving tomorrow. 14 We'll be starting our installation for both the PSAP location 15 over in Kerrville Police Department, as well as the Sheriff's 16 Office, a week from today on Monday, the 20th. That 17 installation will take us through the end of the month, and 18 at -- when that is completed, we'll have up-to-date -- as a 19 matter of fact, we've bought Positron fiber, which probably 20 doesn't mean anything to anybody, but that is the best 21 available 911 equipment in the United States. We had the 22 money to do it. We went ahead and did sole source. It's 23 what they call "next generation capable," which means when 24 the local telephone networks are capable of providing such 25 things, that our 911 system will be able to take streaming 9-13-10 14 1 video, photographs, text messages from our 911 callers. 2 That's the big deal coming down the stream, but this 3 equipment that we're purchasing will have that capability. 4 I guess with that, our vision for next year is 5 we'll continue to do addressing for both Kerr County and the 6 city of Kerrville and the city of Ingram. Next year we're 7 looking at providing a network geographic diversity, and what 8 I mean by that is, if y'all remember, we had a cable cut 9 earlier this year, and it caused not only havoc in the -- in 10 the city and the county with phone calls, but also caused 11 problems with us. And so we're working with AT&T, 12 Windstream, and Hill Country Telephone to find geographically 13 diverse routes for fiber to come into our community to 14 provide services for 911 so that if we have a cable cut, we 15 don't have that single point of failure, and 911 will 16 continue to operate. That should be taking place probably 17 first or second quarter next year, when we get around to 18 doing that. 19 One of the other things we're looking at doing next 20 year, and this would apply to both the Sheriff's Office and 21 Kerrville Police Department, is something called vehicle 22 location technology, where there's transponders in police 23 vehicles, and the 911-slash-CAD system that those facilities 24 have will actually be able to track not only the location of 25 their assets, but also the status that they're in. Are they 9-13-10 15 1 on an active call? Are they not on an active call? Really 2 useful for the dispatch to know where those folks are at. I 3 don't know that the officers will want us to know, but I'm 4 sure the dispatchers will have that information available to 5 them. That's about a $50,000 enhancement to 911, and we're 6 going to see if we can't fund it. We'll continue to do sign 7 sales, and we're always active month-to-month in public 8 education on what 911 is and what it's not. I'll be glad to 9 answer your questions. 10 COMMISSIONER BALDWIN: Is the 5.1 percent salary 11 increase, is that across the board? I mean, for everybody 12 but you? 13 MR. AMERINE: No. 14 COMMISSIONER BALDWIN: His is different, but -- 15 MR. AMERINE: No, there's no increase for me. The 16 lion's share of the increase is for the assistant director to 17 get him up to the 45,000 per year. And we did take our 18 part-time person -- because we've budgeted for full-time, we 19 went ahead and gave her a $1.50 per hour raise, since she's 20 going to stay part-time. So, that $1.50 and the $4,000 is 21 the five point -- whatever it was. 22 COMMISSIONER BALDWIN: 5.1, I think you said. 23 MR. AMERINE: Yes, sir. 24 JUDGE TINLEY: GPS locators? 25 MR. AMERINE: Yes. 9-13-10 16 1 JUDGE TINLEY: Do we currently have those on our 2 newer units? 3 MR. AMERINE: That would be one of those projects 4 where we can preposition the 911 system to be able to handle 5 that, and as money comes available, either through budgeting 6 or grants, that capability will be there and built in. We 7 thought we were going to be able to do that for $5,000, and 8 we were going to do it in this upgrade, but when the quote 9 came back from Positron, it went from 5,000 over the 10 telephone to $50,000 in quotes. So -- so, we decided to put 11 that off until next year. 12 COMMISSIONER LETZ: Bill, on the sign sales, have 13 they pretty much stopped? 14 MR. AMERINE: They have. However, I can tell you 15 that we still have a lot of properties that have no signage 16 at all. 17 COMMISSIONER LETZ: I was -- I've been in some of 18 the maybe more obscure areas in my precinct. Boy, there are 19 an awful lot of people that don't have them still. 20 MR. AMERINE: Right. 21 COMMISSIONER LETZ: And I wish there was a way that 22 we could, you know, do another -- you know, another round of 23 public information or -- or direct contacts to some of these 24 people to get them to -- 25 MR. AMERINE: I think there -- I think -- and I 9-13-10 17 1 can't remember who brought this up last time. It may have 2 been Commissioner Williams. We had every intention of 3 getting out during the -- the various fundraisers that the 4 volunteer fire departments have, 'cause then you have a lot 5 of people coming in for those from those various areas, and 6 doing not only address verification for citizens, but also 7 sign sales. And we just haven't had the time leading up to 8 this upgrade to do that. But I think that's the best way to 9 get out there and get a lot of signs made. 10 MR. DEL TORO: Well, this year we will have a booth 11 set up at the county fair. I want to get out there, get our 12 presence known, and we will be producing address signs, 13 verifying addresses, and 911 public education. 14 COMMISSIONER OEHLER: You know, Hunt Volunteer Fire 15 department fundraiser's the 16th of October. 16 MR. DEL TORO: Okay. 17 COMMISSIONER OEHLER: 4 o'clock in the afternoon. 18 MR. DEL TORO: What was the date again, sir? 19 COMMISSIONER OEHLER: 16th of October. 20 MR. AMERINE: I'll give a call -- who is the fire 21 chief out there now? Last time I knew, it was -- 22 COMMISSIONER OEHLER: Alexander. 23 MR. AMERINE: Alexander. 24 COMMISSIONER OEHLER: I think he has a -- seems 25 like -- not a body shop. Mechanic shop. It's Premier Auto 9-13-10 18 1 or something; it's on Goat Creek Road. 2 MR. AMERINE: Okay. 3 COMMISSIONER OEHLER: Right past Sundowner. 4 COMMISSIONER BALDWIN: The sign program, that is 5 the best deal in Kerrville, Texas, I'm going to tell you. 6 MR. AMERINE: It's the best deal in the Hill 7 Country. We have people from other counties coming here 8 because of our cost. We do strictly cost recovery. We don't 9 make any money on that; it's just materials. And -- 10 COMMISSIONER BALDWIN: For $5, we can find you and 11 save your life. 12 MR. AMERINE: You know, I make this statement every 13 year, but I'll just reemphasize, most of our citizens now 14 with phone numbers have addresses. I mean, out of 33,000 15 phone numbers, we have what, now, six? 16 MR. DEL TORO: Six. 17 MR. AMERINE: Six phone numbers where people still 18 refuse to associate a physical address with their phone 19 number. The problem is, the number's not so good when you 20 look at those residences, and especially in the rural areas, 21 how many signs are out there. It's just a concept they don't 22 get, that if we -- if they dial 911, we're going to see a 23 physical address, but when we're actually out there looking 24 for that gate with that number on it, we're not going to see 25 it, and that causes delays in service. 9-13-10 19 1 COMMISSIONER LETZ: Even when you know the area, to 2 try to look for a specific, I mean, you know, house, you'll 3 nine times out of ten pass it and have to make a U-turn and 4 go back, and that's another three or four minutes. 5 MR. AMERINE: We've had feedback from volunteer 6 fire departments and responders, and frequently they go farm 7 to farm or ranch to ranch looking for the physical address to 8 respond to that emergency. And if you're having a heart 9 attack or a stroke, that time is going to cost your life. 10 COMMISSIONER BALDWIN: Judge, I move we approve the 11 budget for the Kerr 911. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: We have a motion and a second for 14 approval. Question or discussion? 15 COMMISSIONER LETZ: Just one more comment on the 16 salary increase. I mean, I understand the reason for it. I 17 don't like it much. I'll probably vote for it, but I think 18 it's a -- based on -- even though your tax dollars come from 19 a different source, they're somewhat insulated, but they are 20 tax dollars, and in the current environment -- 21 MR. AMERINE: I appreciate that. And, trust me, if 22 we had to adjust our tax rates up to accommodate this, we 23 would have taken a real serious look at it. But we -- just 24 to let you know so you don't think it's a shell game, we've 25 always allocated about $54,000 for what we call Phase I 9-13-10 20 1 contracts for location service, and two of our wireless 2 providers have decided to do self-recovery; in other words, 3 they intend to get that money from the customer through 4 billing rather than charge us for it. So, we've adjusted 5 that. If you noticed in the budget, we adjusted that 54,000 6 down to the 30,000 range to take for those -- take care of 7 those contracts that we have. That freed up money within the 8 budget, so we're not compromising the integrity of the 911 9 system to accommodate salaries. So, we weren't -- I mean 10 we're even able, because the law requires us to, to look at 11 our tax rates and reduce them, make sure we're not creating 12 too much capital, and that's why we did that tax decrease 13 this year. 14 JUDGE TINLEY: Further question or discussion on 15 the motion? 16 COMMISSIONER OEHLER: Well, I still -- I feel like 17 Commissioner Letz on the deal. You know, and you can -- I 18 mean, you can justify increases any time for people, but -- 19 and in this market, it just doesn't -- it doesn't seem quite 20 right to do that. And to be consistent, I'm going to vote 21 against it. But I will be -- 22 MR. AMERINE: I understand, sir. 23 JUDGE TINLEY: Further question or comment? All in 24 favor of the motion, signify by raising your right hand. 25 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 9-13-10 21 1 JUDGE TINLEY: All opposed, same sign. 2 (Commissioner Oehler voted against the motion.) 3 JUDGE TINLEY: The motion does carry. Thank you, 4 Mr. Amerine. 5 MR. AMERINE: Thank you, Judge. Thank you, 6 Commissioners. 7 JUDGE TINLEY: Let's move to Item 4, our 9:15 timed 8 item. Consider, discuss, take appropriate action on request 9 from Kerrville Main Street to use the courthouse grounds for 10 the holiday festival on November 20th, 2010. Mr. Kyle Bond. 11 MR. BOND: Good morning, gentlemen. I'm Kyle Bond. 12 Today I'm here representing the Kerrville Main Street 13 Advisory Board. You guys probably remember me from the 14 Christmas lighting group as well. This year I'm actually 15 chairing the Hill Country Holiday Roundup, which is the 16 official name of the holiday festival that we have the day of 17 the little parade and the Christmas lighting that evening. 18 This year we've elected to try to move the event off of Earl 19 Garrett Street over to the courthouse square so that we can 20 share one stage with Wells Fargo that actually has it set up 21 that night for the lighting ceremony. We've had discussions 22 with them, as well as with Tim Bollier here at the courthouse 23 to make sure that will work with you. 24 You should have in your -- in your packets a 25 drawing of the layout of the courthouse square that looks 9-13-10 22 1 sort of like this. Essentially, what we're suggesting this 2 year is to move the stage out into the back part of the -- or 3 the front part of the parking lot and face it towards the 4 courthouse so that at the end of the night, when we get ready 5 to flip the switch, so to speak, everybody can turn around 6 and see entire lighting behind them. That day we would have 7 children's activities, food, live music, all kind of 8 activities for families to come downtown and enjoy 9 Kerrville's downtown area. And we just wanted to get 10 permission from the Commissioners Court to use the courthouse 11 facility grounds for that day. There should be a license 12 agreement in your -- in your packet as well. Rob's already 13 bled blue ink all over it over here, so we've changed it a 14 little bit, but -- did you give me approval? As it is, this 15 way, as long as he approves it, we'll get it approved by our 16 folks over at Main Street, get that taken -- so we have an 17 official document to use the grounds that day. Does anybody 18 have any questions? 19 COMMISSIONER WILLIAMS: When's your setup begin? 20 MR. BOND: Beg pardon? 21 COMMISSIONER WILLIAMS: When does your setup begin? 22 MR. BOND: I went ahead and listed the 19th of 23 November and the 20th of November as dates. Essentially, 24 that gives us the freedom, if we need to do anything the 25 evening before, to set up. It will be during the morning 9-13-10 23 1 hours. The event actually starts at noon, so we'll have to 2 get the stages up starting around 8 o'clock that morning, the 3 20th. I think that we may need some time in the evening on 4 the 19th just in case of that. I went ahead and included 5 that date as well, but the event is actually on the 20th of 6 November. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the agenda item. Question or discussion? 11 COMMISSIONER BALDWIN: I have a question. 12 MR. BOND: Yes, sir? 13 COMMISSIONER BALDWIN: What is a holiday festival? 14 MR. BOND: Well, it's actually been -- the last two 15 years, we've had it over on Earl Garrett. The whole point 16 was to draw folks into downtown Kerrville the day of the 17 Christmas lighting and the Christmas parade. It's 18 essentially live music, children' booths with games, a 19 midway-type deal, as well as face painting, things of that 20 nature, to help draw people into downtown, provide businesses 21 with -- with walking traffic and things of that nature. As 22 well this year, we're going to add food and beverage to that 23 day. Right now we are not intending to include any alcoholic 24 beverages; it will just be standard food and beverage, and 25 arts and crafts, things like that. 9-13-10 24 1 COMMISSIONER BALDWIN: Are you -- are you being 2 politically correct in staying away from the name "Christ" 3 and "Christmas" or anything like that? 4 MR. BOND: No, not at all. 5 COMMISSIONER BALDWIN: Has nothing to do with that? 6 MR. BOND: It's just been called the Hill Country 7 Holiday Roundup; that's been the official name for the last 8 three years. 9 COMMISSIONER BALDWIN: I third the motion. 10 COMMISSIONER LETZ: Judge, I have a comment. You 11 made a statement that there -- that you don't plan on doing 12 alcohol. You cannot -- you cannot do alcohol, in my opinion. 13 MR. BOND: You're saying we cannot. Well, and 14 that's my opinion as well. There have been a few folks in 15 the committee that have suggested it be considered. But at 16 this point, it's a family event. We don't see alcohol being 17 included, and I have no problem with that. 18 COMMISSIONER LETZ: My motion is contingent on no 19 alcohol. 20 JUDGE TINLEY: Well, I think with alcohol, they'd 21 have to bring it back to the Court anyway, to use it on the 22 premises. 23 MR. BOND: Right. Well, I mean, you got to go 24 downtown -- 25 JUDGE TINLEY: That's a whole separate item to come 9-13-10 25 1 before us. 2 COMMISSIONER LETZ: All right. 3 COMMISSIONER OEHLER: If it's going to be on the 4 street, it's probably even more illegal. 5 MR. BOND: Exactly. 6 JUDGE TINLEY: Any other questions or comments? 7 All in favor of the motion, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. We have a 13 public hearing scheduled for 9:30, so at this time I will 14 recess the Commissioners Court meeting, and I will open a 15 public hearing concerning the installation of a stop sign at 16 the main entrance of C.A.M.P. Camp on Skyline Drive in Center 17 Point located in Precinct 2. 18 (The regular Commissioners Court meeting was closed at 9:30 a.m., and a public hearing was held in open 19 court, as follows:) 20 P U B L I C H E A R I N G 21 JUDGE TINLEY: Is there any member of the public or 22 the audience that wishes to be heard with respect to the 23 installation of a stop sign at the main entrance of C.A.M.P. 24 Camp and Skyline Drive in Center Point, located in Precinct 25 2? Seeing no one coming forward, I will close the public 9-13-10 26 1 hearing with respect to the installation of a stop sign on 2 the main entrance of C.A.M.P. Camp and Skyline Drive in 3 Center Point. 4 (The public hearing was concluded at 9:30 a.m., and the regular Commissioners Court meeting was 5 reopened.) 6 - - - - - - - - - - 7 COMMISSIONER BALDWIN: I will reconvene the 8 Commissioners Court meeting, and we'll go to our 9:20 timed 9 item; to consider, discuss, take appropriate action on 10 extension of waiver of liquidated damages for the Sheriff's 11 Office Annex building during period contractor corrects 12 damaged or improperly installed roof panels and resulting 13 damage caused by subcontractor. I put this on the agenda. 14 The Court will recall that last week, we -- we waived the 15 liquidated damage portion of the contract for a limited, 16 specific period of time, with the thought that we would take 17 that up again today. Here it is, gentlemen. Mr. Steinruck? 18 Mr. Lewis? Whomever. 19 MR. LEWIS: We'll let Mr. Steinruck field this one. 20 JUDGE TINLEY: Okay. 21 MR. STEINRUCK: Been in contact with the 22 subcontractor for the roofing, and he is wanting to try to 23 get it amended, but the problem is he hasn't responded 24 properly in the past. So, we've ordered panels, and we had 25 to special order screws to -- inch and a half screws so that 9-13-10 27 1 it would handle the 6-inch installation. And those screws 2 are supposed to be in on Tuesday, or no later than Wednesday, 3 and then we have a subcontractor scheduled to come in on 4 Thursday. He figures it should take him no more than five 5 days to replace about 100 panels and some of the -- the ridge 6 cap, and so that should satisfy the architect and Judge. 7 That's what we had discussed in previous times. 8 COMMISSIONER BALDWIN: You -- this subcontractor's 9 a different subcontractor than this one that put -- 10 MR. STEINRUCK: Than what we had contracted with, 11 yes. 12 COMMISSIONER BALDWIN: Okay. How do you -- how do 13 you pay those folks? Has the first guy been paid? 14 MR. STEINRUCK: He has been paid, but we've -- 15 we've withheld -- we've got about $6,000 of his in retainage, 16 and then -- 17 COMMISSIONER BALDWIN: So if the new guys does it, 18 he doesn't get any more at all? 19 MR. STEINRUCK: Correct. 20 COMMISSIONER BALDWIN: Okay. 21 MR. STEINRUCK: And we will -- we'll be short some 22 moneys, because we're paying the other contractor to come in 23 with his labor to do it, so we're paying -- we're covering 24 the new panels and all those materials associated with it, 25 plus the labor to take off the old panels and put in new 9-13-10 28 1 panels. 2 COMMISSIONER BALDWIN: Are you paying for that? 3 MR. STEINRUCK: Yeah. 4 COMMISSIONER WILLIAMS: What's your timeline? 5 MR. STEINRUCK: Well, we're -- right now we're 6 scheduled -- if the screws come in as -- as planned, either 7 tomorrow or Wednesday, I've -- I've already contacted the 8 sub -- new sub to come in and put the panels in, remove and 9 replace the panels on Thursday. Start Thursday. So, 10 hopefully by the following Wednesday -- not this coming 11 Wednesday, but the following Wednesday, all that should be 12 taken care of. And then we've got ceiling panels inside, 13 tile, ceiling tile that needs to be replaced because of the 14 wall damage. 15 MR. LEWIS: And any insulation. 16 MR. STEINRUCK: If there is any. 17 COMMISSIONER LETZ: What is -- is this -- can we 18 move in? Or, I mean, what's the move-in status? 19 MR. STEINRUCK: Well, it's ready to be moved in. 20 The -- 21 COMMISSIONER LETZ: We can -- 22 MR. STEINRUCK: The fire marshal is there today 23 doing his final inspection. We've had to contract with the 24 county's sub, get all that lined up, so he's coming in today 25 to do the fire and the alarm, sprinkler system. That should 9-13-10 29 1 be passed. 2 COMMISSIONER LETZ: I guess my question -- what I'm 3 really asking is, how does this impact our lease at our 4 current location? 5 JUDGE TINLEY: My understanding of the -- of the 6 probation people, of course, their -- their lease is good up 7 to October 1. We've got some phone issues on switching those 8 numbers over that hopefully will be able to get done sometime 9 next week. The probation people, the last information that I 10 had was that they were planning on trying to accomplish their 11 move sometime next week. I was originally given the date of 12 the 20th, but I suspect that's got some leeway in it. What 13 you're asking for is through the 22nd, I believe. 14 MR. STEINRUCK: Yeah. 15 JUDGE TINLEY: Which will be through next 16 Wednesday. 17 MR. STEINRUCK: Yeah. 18 JUDGE TINLEY: The -- you know, there's room in 19 there. Do you anticipate we'll get the certificate of 20 occupancy today after the fire marshal does his thing? 21 MR. STEINRUCK: I would think so, yes, sir. 22 JUDGE TINLEY: So anytime after receipt of the 23 C.O., we're ready to go; we can start moving things in. 24 MR. STEINRUCK: That's right. And the roof issue 25 is basically a warranty, it's not really a -- I mean, we're 9-13-10 30 1 essentially substantially complete. Been substantially 2 complete for a while. It's just we want to get this taken 3 care of. We've been -- we've been messing with this 4 contractor for a month, month and a half, trying to get 5 him off -- off center. 6 COMMISSIONER LETZ: I don't have a real problem 7 with this. I just want to make sure we have enough time to 8 give Probation sufficient time to make the move. So, I'll 9 make a motion to -- what are we, extending? What's the 10 date? -- to waive the liquidated damage clause in our 11 contract until September 22nd. 12 JUDGE TINLEY: Until or through? 13 COMMISSIONER LETZ: Through. 14 JUDGE TINLEY: Through September 22nd, okay. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded to extend 17 the waiver of liquidated damages to the general contractor 18 through September the 22nd to complete the installation. 19 Question or discussion on the motion? All in favor of the 20 motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Thank you, 25 Mr. Steinruck. 9-13-10 31 1 MR. STEINRUCK: Yes, sir. 2 JUDGE TINLEY: Okay. Let's go to our 9:30 timed 3 item first. Open bids for electrical, plumbing, HVAC, and 4 pest control, and provide the Maintenance Supervisor with 5 review and recommendation. First one we have is from Foss 6 Pest Control for pest control services as required with the 7 stated amount as per schedule. Next bid that we have is from 8 Holloway Plumbing for plumbing repair service work. Again, 9 on the bid form, there is hourly charges and helper charges 10 and so forth. Next one we have is from Terminix on pest 11 control, again, listed cost as per each facility. Next one 12 we have is from Hill Country Pest Control, again, listed cost 13 per facility. Next one is from Hardin Heating and Cooling 14 for HVAC work, again on the bid form of hourly charges and so 15 forth. Next one is from Guadalupe Electric, on, I assume, 16 electrical service -- yes. Listed hourly charges. Next one 17 is from Airtech on HVAC work; again, listed hourly charges. 18 Next one is from D.W. Electric on electrical, listed hourly 19 charges. Last one is from the Bosworth Company. I assume 20 they're HVAC. 21 COMMISSIONER LETZ: I think it's plumbing. 22 MR. BOLLIER: Bosworth? Yes, sir. 23 COMMISSIONER LETZ: Oh, that goes -- 24 JUDGE TINLEY: There's not anything that's 25 specifically indicated that I see. Well, it says to circle 9-13-10 32 1 one; they haven't circled any. Looks like we got two 2 separate bids, one signed by the plumbing manager and the 3 other one signed by the manager, but no indication of 4 specifically what they're bidding on. 5 COMMISSIONER LETZ: Judge, I move we accept all 6 bids and refer them to the Maintenance Director for 7 recommendation. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded to accept 10 all bids, refer to Maintenance Director for review and 11 evaluation, recommendation. Question or discussion on the 12 motion? 13 COMMISSIONER LETZ: One other comment. Considering 14 the vagueness of that one, you may want to get with the 15 County Attorney if that's the low bid. 16 JUDGE TINLEY: Further question or comment? All in 17 favor of the motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: That motion does carry. We've got a 22 9:30 timed item. Let's go to that item, to consider, 23 discuss, take appropriate action for final approval for the 24 installation of a stop sign at the main entrance of C.A.M.P. 25 Camp on Skyline Drive in Center Point, located in Precinct 2. 9-13-10 33 1 COMMISSIONER WILLIAMS: Move we instruct Road and 2 Bridge to install the sign and move forward. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item. Question or discussion? All in 6 favor of the motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That potion does carry. Let's go 11 back to Item 3; to consider, discuss, take appropriate action 12 to declare 10 filing cabinets from Environmental Health as 13 surplus. Mr. Garcia? 14 MR. GARCIA: Yes, sir. These are cabinets that are 15 not needed any more because we have our records being imaged. 16 And it's not 10; it's 9. Correct that. 17 COMMISSIONER BALDWIN: Oh, the truth finally comes 18 out. (Laughter.) 19 COMMISSIONER OEHLER: Move approval. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? All in favor -- 23 SHERIFF HIERHOLZER: Just -- we'd like to have an 24 opportunity -- I need filing cabinets. If they've been 25 declared surplus, we might want to try and grab them. 9-13-10 34 1 JUDGE TINLEY: Once they're surplus, why, you can 2 throw your -- 3 SHERIFF HIERHOLZER: Thank you. 4 JUDGE TINLEY: -- your name in the hat. 5 COMMISSIONER OEHLER: I think you ought to go get 6 them. 7 SHERIFF HIERHOLZER: No problem. 8 JUDGE TINLEY: Are you packing today? Okay. Well, 9 he is too. 10 COMMISSIONER WILLIAMS: Have a shootout over it. 11 COMMISSIONER OEHLER: Rusty's got a big enough 12 pickup to haul them. 13 SHERIFF HIERHOLZER: I think Tim's already moved 14 them, from what I heard, so I got to find where he hid them. 15 JUDGE TINLEY: Any other questions or comments? 16 All in favor of the motion, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Let's go to 22 Item 6; to consider, discuss, take appropriate action on 23 Change Proposal Number 18 to contract with Kendnal Kasper 24 Construction on the Kerr County Sheriff's Annex/Adult 25 Probation building project. I put this on the agenda at the 9-13-10 35 1 -- after receiving this change last week. I think the only 2 thing that we haven't approved deals with that -- the A.D.A. 3 handrail. Isn't that correct, Mr. Lewis? 4 MR. LEWIS: I'm sorry? 5 JUDGE TINLEY: The A.D.A. handrail is the only 6 thing that is included on this -- 7 MR. LEWIS: Yes, sir. 8 JUDGE TINLEY: -- Change Proposal Request Number 9 18? 10 MR. LEWIS: Yes, sir. And it was -- there was a 11 disparity in the survey that was used to determine the final 12 grades, and so when that was recognized, a ramp was 13 lengthened to accommodate. There's an 8-inch difference, I 14 think, something like that. 15 JUDGE TINLEY: The amount of the change proposal is 16 $1,100 and change. 17 COMMISSIONER OEHLER: That's what it says. 18 JUDGE TINLEY: Mm-hmm. 19 COMMISSIONER OEHLER: Do we anticipate any more 20 change orders in this project? 21 JUDGE TINLEY: I sure hope not, Commissioner. 22 COMMISSIONER WILLIAMS: 1,102.93, Judge. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER OEHLER: Can't change much, I hope, 25 now. It's supposed to be ready to be occupied. 9-13-10 36 1 JUDGE TINLEY: That's the plan. 2 COMMISSIONER OEHLER: This was an unforeseen thing 3 that should have probably been in the original design. 4 JUDGE TINLEY: I think there was some original 5 A.D.A. in the design, but because of the grade change is what 6 created the problem, the way I understood it. 7 MR. LEWIS: There was a disparity between the 8 survey that was provided by the county and the actual grades 9 out there, that were -- 10 COMMISSIONER LETZ: Oh, blame the county. 11 (Laughter.) 12 MR. LEWIS: Not placing blame, just stating facts 13 as we -- as we see them. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? All in 18 favor of the motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. Motion does 21 carry. Let's go to Item 10, to consider, discuss, and take 22 appropriate action regarding Commissioners Court approval to 23 hire A.S.E. mechanic to fulfill federal D.O.T. compliance 24 regulations. Ms. Hyde, Kelly, whoever's going to run with 25 this thing. 9-13-10 37 1 MS. HYDE: Good morning. On 6/28 y'all approved 2 the position, and there's been interviews, and Leonard or 3 Kelly are -- they're pretty close to wanting to hire someone, 4 so they just wanted to make sure that it's all right. 5 COMMISSIONER LETZ: I think it's all right, but we 6 don't have a budget yet. 7 COMMISSIONER OEHLER: I think we agreed to put that 8 in the budget. 9 COMMISSIONER LETZ: Yeah. I mean, it's an item 10 that's in the budget. But -- 11 COMMISSIONER OEHLER: It's also something that I 12 believe that -- that we really do need to comply with the -- 13 the law, so we don't get ourselves in a libelous position. 14 JUDGE TINLEY: We can't utilize our equipment if 15 it -- I think the military term is deadline. 16 COMMISSIONER WILLIAMS: Mm-hmm. 17 MR. ODOM: Redline. 18 MS. HYDE: Redline. 19 COMMISSIONER OEHLER: I move approval. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? All in favor of the 23 motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 9-13-10 38 1 (No response.) 2 JUDGE TINLEY: That motion does carry. 3 Mr. Steinruck? That's yours, okay? Thank you. Let's move 4 to Item 11, if we could. Consider, discuss, and take 5 appropriate action regarding completion of Animal Control 6 Officer certification educational-slash-position increase. 7 Position educational increase was budgeted in the '09-'10 FY 8 budget for August 2010, and will be a 2.5 percent increase. 9 Ms. Hyde? 10 MS. HYDE: Yes, sir. This was included in the 11 budget last year, but since the director -- Animal Control 12 Director is out right now, Marc and I just wanted to make 13 sure that you guys were still on board with this one as well. 14 It is a 2.5 percent increase based on the employee becoming 15 an Animal Control officer. 16 JUDGE TINLEY: Basically an educational increase 17 pursuant to our 1999 policy, isn't it? 18 MS. HYDE: Yes, sir. 19 JUDGE TINLEY: Like we have over at the Sheriff's 20 Office and Road and Bridge. 21 MS. HYDE: Yes, sir. 22 COMMISSIONER LETZ: Move approval. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? 9-13-10 39 1 MS. HYDE: Thank you, gentlemen. 2 JUDGE TINLEY: All in favor of the motion, signify 3 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: That motion does carry. We'll move 8 to Item 12; consider and take action to lift hiring freeze to 9 allow for replacement of key employee resigning effective 10 September 15th. Ms. Uecker, the -- the matter was scheduled 11 also on the addendum for sometime after 11:20, because there 12 was no notation of executive session. However, the executive 13 session portion of the agenda item, as it was later posted, 14 has been called into question. Are you in a position to 15 proceed forward with your agenda item without executive 16 session? 17 MS. UECKER: I had requested executive session at 18 the time I made my request. I would prefer that. 19 JUDGE TINLEY: Okay, we'll pass on Item 13 for now. 20 COMMISSIONER LETZ: Judge, you said there was a 21 question as to the executive session? 22 JUDGE TINLEY: Propriety of executive session, 23 that's correct. The County Attorney raised an issue as to 24 the propriety of the executive session. 25 COMMISSIONER LETZ: I'm just -- if the -- sounds 9-13-10 40 1 like I'm hearing that we can't go into executive session on 2 this item; that we're -- if that's the case, why don't we 3 just deal with it now? 4 JUDGE TINLEY: Well, that's the reason I passed it. 5 She wanted to go to executive. 6 MS. UECKER: That's fine, I can go. 7 JUDGE TINLEY: Okay. 8 MS. UECKER: I'll go. Back when we were discussing 9 whether or not to purchase the Odyssey program, I remember 10 specifically Commissioner Letz saying -- asking, okay, if we 11 spend all of this money on the Odyssey program, are any of 12 you going to be able to cut staff? And since that time, I 13 have cut one and a half people. In addition to that, you've 14 also cut -- or it has been cut, the part-time for next year, 15 so I'm down another half a person. Here's what -- here's the 16 main thing that's going to happen. And I'm not going to 17 repeat my arguments that I made at the last Commissioners 18 Court when this was passed, 'cause you remember what they 19 are. And Commissioner Letz -- I had even asked Commissioner 20 Letz, "Do you think I justified it?" And he said, "Yeah, I 21 think you did." 22 Here's what's going to happen. With the criminal 23 activity being as great now as the civil -- but we're up in 24 civil filings, even from last year already, so that's not 25 going down at all. I realize, yeah, our revenue is down a 9-13-10 41 1 little bit. The work is not. Here's what I see happening if 2 I'm not able to fill this position. That's one of my main 3 criminal courtroom deputies. I have two, although they -- at 4 one time they were able to -- when they were through with 5 their criminal work, they were able to move over to civil, 6 and they still take customers. But they can't even do that 7 hardly any more because of the criminal activity. One does 8 juries one month, and in that month, that person also does 9 the courtroom. And then the next month, that person does 10 courtroom and the other one does the juries, but they still 11 work on issuing warrants, subpoenas, filing cases. 12 What's going to happen here if I'm not able to fill 13 that position is we won't be able to do the pin packets on 14 time when the Sheriff -- someone from the Sheriff's Office 15 calls and says, you know, "We got a load going; we need to 16 get them out of here." It's not going to happen, 'cause they 17 can't be admitted without a pin packet from us. And they're 18 just going to have to sit in jail until we get them done. 19 You know, I don't know what else to say, except just request 20 that you grant me the ability to replace a key employee 21 that's in -- in criminal. 22 COMMISSIONER WILLIAMS: So you need this done now? 23 You need the ability to fill this spot now? 24 MS. UECKER: Right. Right. And the last time that 25 I was up here, a week or ago or whatever it was, it was 9-13-10 42 1 continued because we didn't have a budget, but as I recall, 2 this is a separate order altogether; has nothing to do with 3 the budget. And based on -- you know, based on the fact that 4 it is -- was a separate order, not part of the budget 5 process, is why I'm requesting this. Yeah, I've got some 6 calls about this A.G. opinion 0037 or whatever it is that 7 says you can't impose a hiring freeze within the year. You 8 can do it in the next budget, but you can't do it within the 9 same year. And I have a copy of it, and I don't know if the 10 County Attorney has -- has seen it. It says, "We conclude 11 that a Commissioners Court may not, during a budget year, 12 freeze a vacant position by requiring an officer to promote 13 that existing county employee or to obtain the Court's 14 special permission. Such a policy imimpermissibly intrudes 15 upon an elected official's authority to appoint an employee 16 of his or her choice to fill a position that the 17 Commissioners Court had approved in the budget." 18 COMMISSIONER BALDWIN: And that's a present A.G. -- 19 MS. UECKER: Yeah, it was issued 2003. 20 COMMISSIONER WILLIAMS: And the current budget -- 21 this is provided for in the current budget? 22 MS. UECKER: Absolutely. 23 COMMISSIONER WILLIAMS: Okay. 24 MS. UECKER: If y'all want to see it, I mean, I -- 25 COMMISSIONER BALDWIN: I've always understood that 9-13-10 43 1 once we adopt a budget, we can't go back -- I mean, then it's 2 yours, and we can't go back and tell you -- 3 MS. UECKER: And reading this, from what I 4 understand, you can impose a hiring freeze, you know, on -- 5 as of the next budget. Now, I don't know if there's any 6 emergency that can be imposed because of this. But, you 7 know, leaving this aside -- leave it aside. I think I have 8 justified and can continue to justify the fact that this 9 person needs to be a position in my office. 10 COMMISSIONER WILLIAMS: Move approval. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? 14 COMMISSIONER LETZ: I'll -- I'll make a comment. 15 Based on your Attorney General opinion, I'll vote for it, but 16 there may not be funding starting October 1 for that 17 position. 18 MS. UECKER: Okay. 19 JUDGE TINLEY: Any other questions or comments? 20 All in favor -- 21 COMMISSIONER LETZ: Or a position. 22 JUDGE TINLEY: All in favor of the motion, signify 23 by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 9-13-10 44 1 (No response.) 2 JUDGE TINLEY: That motion does carry. 3 MS. UECKER: Thank you. 4 JUDGE TINLEY: We've got a 10 o'clock timed item. 5 Looks like we had an entourage that's descended upon us for 6 this. Item 14, to consider, discuss, take appropriate action 7 on request to use the courthouse grounds for the Cowboy 8 Breakfast on January 14, 2011. Mr. Bondy? 9 MR. BONDY: Well, my partner in crime isn't here, 10 so I guess I'll have to jump in it myself. Judge, 11 Commissioners, good morning. For the sixth year, the Chamber 12 of Commerce and the Hill Country District Junior Livestock 13 Show and sale would like your permission to utilize the 14 courthouse grounds for the Cowboy Breakfast on Friday, 15 January the 14th, 2011, starting at 6 a.m., wrapping up at 16 8 a.m. We would like to, hopefully, with the weather 17 cooperating, have it back at the courthouse. Unfortunately, 18 last year -- or this past January, the weather didn't 19 cooperate with us, and we ended up having to move it to the 20 pavilion at Louise Hays Park, and admittedly, the turnout was 21 -- was reduced because of -- I think because of that, and 22 because of the weather. 23 That being said, the -- the games that we put on at 24 the breakfast enjoy a lot of popularity. A number of you 25 participated in the tossing of the bull. Some were better at 9-13-10 45 1 it than others. We also did the goat-milking contest, and 2 this year we tried the first turkey bowling, which went over 3 pretty well. All that being said, it is all about the kids. 4 We really enjoy putting it on and helping the Hill Country 5 District Junior Livestock Show folks put it together. And I 6 would certainly be happy to answer any questions, but would 7 ask your support to allow us to use the grounds on that date. 8 COMMISSIONER BALDWIN: I can tell you one thing. 9 MR. BONDY: Yes, sir. 10 COMMISSIONER BALDWIN: I'll vote for it this time, 11 if you promise me that the cow patties are going to be of 12 equal size. (Laughter.) That the city gets. Those little 13 things that they get, I mean, anybody could toss those things 14 in there. And we get the big, heavy ones. 15 MR. BONDY: So, are you -- are you intimating that 16 perhaps it was weighted against you guys? 17 COMMISSIONER WILLIAMS: Yes. 18 COMMISSIONER BALDWIN: Very much so, yeah. 19 MR. TALARICO: Brian, didn't they have their 20 choice? 21 MR. BONDY: There was the county bin and the city 22 bin. 23 MR. TALARICO: Oh. 24 COMMISSIONER WILLIAMS: I think Talarico had a lot 25 to do with that too. 9-13-10 46 1 COMMISSIONER BALDWIN: I do too. 2 JUDGE TINLEY: Speaking of tossing the bull, I 3 think it just arrived. (Laughter.) 4 MR. TALARICO: Is this okay to put down in court 5 records? I don't know if I like that. 6 COMMISSIONER BALDWIN: It is in the court records. 7 MR. BONDY: Thanks. We'll make that note, 8 Commissioner. 9 COMMISSIONER BALDWIN: Okay, I appreciate that. 10 MR. BONDY: Give you the first pick. 11 COMMISSIONER BALDWIN: It's just not fair to us. I 12 mean, we're -- we could -- we could beat those guys any time, 13 with anything, with half our mind tied behind our back. But, 14 you know, because of the public's involvement, we wanted to 15 make everything look like it's fair and up-and-up. 16 MR. BONDY: That's a very good point. And we 17 should really talk -- we'll talk to the cows to make sure 18 that they -- 19 COMMISSIONER BALDWIN: Okay. 20 MR. BONDY: -- make them all the same size. 21 COMMISSIONER BALDWIN: Appreciate that very much. 22 Thank you. 23 COMMISSIONER OEHLER: I think to even things up a 24 little, you ought to have a wild cow milking for the city, 25 and let us milk the goat. 9-13-10 47 1 COMMISSIONER BALDWIN: Yeah. 2 MR. BONDY: Wow. 3 MR. TALARICO: We could actually -- can we charge 4 for that? 5 MR. BONDY: I think so. 6 MR. TALARICO: 'Cause we might have people pay to 7 see that. 8 COMMISSIONER OEHLER: You might make a little money 9 from the city, keep them from having to do it. 10 COMMISSIONER WILLIAMS: Charge who for that? 11 MR. TALARICO: Well, first off, a participation 12 fee, but more importantly, the people wanting to come and 13 watch it. 14 COMMISSIONER WILLIAMS: I see. 15 COMMISSIONER LETZ: Move approval. 16 COMMISSIONER WILLIAMS: You got to look at what 17 kind of -- 18 COMMISSIONER OEHLER: Second. 19 COMMISSIONER WILLIAMS: -- who would pay to come 20 see that. 21 JUDGE TINLEY: We have a motion and a second for 22 approval of the agenda item. Question or discussion further? 23 All in favor of the motion, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 9-13-10 48 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. 4 Commissioner, any more special instructions about the -- 5 about the items to be tossed? Do you want them a little 6 wetter or a little dryer, or -- (Laughter.) 7 COMMISSIONER BALDWIN: No. 8 JUDGE TINLEY: How about just right? 9 COMMISSIONER BALDWIN: Just right's the way we want 10 it. 11 JUDGE TINLEY: Okay. All right. 12 MR. BONDY: Thank you, gentlemen. Appreciate it. 13 MR. TALARICO: Appreciate it. 14 JUDGE TINLEY: Okay, let's go to Item 12, if we 15 might -- or, excuse me, 13; consider, discuss, take 16 appropriate action to approve contract amendment with Freese 17 and Nichols for on-site construction oversight services for 18 the repair of -- for the repair of Flat Rock and Ingram Lake 19 Dams. Commissioner Williams? 20 COMMISSIONER WILLIAMS: This is the revision or the 21 amendment for on-site construction services by Freese and 22 Nichols. You recall last time we managed to get the price 23 down a little bit, and so this has been revised. County 24 Attorney, you've seen this, correct? 25 MR. HENNEKE: I -- I believe so. 9-13-10 49 1 COMMISSIONER WILLIAMS: I think you have too. See 2 so much of them. And so this comports to what we asked for. 3 We've got -- is Mr. Tanner Griffin in the audience? I don't 4 see him. Well, I would move that we approve the amendment 5 for construction site services for repair of Flat Rock and 6 Ingram Lake Dam. 7 JUDGE TINLEY: We have a motion. 8 COMMISSIONER WILLIAMS: That was. 9 JUDGE TINLEY: Mm-hmm. 10 COMMISSIONER OEHLER: I'll second it. 11 JUDGE TINLEY: We have a motion and a second. 12 Question or discussion? By my calculation, that -- that 13 amendment has been reduced by $9,700. 14 COMMISSIONER WILLIAMS: Yes, sir. 15 COMMISSIONER OEHLER: That was the proposal at the 16 previous meeting. 17 COMMISSIONER WILLIAMS: That's kind of what we 18 suggested. 19 COMMISSIONER OEHLER: Little horse trading going 20 on. 21 COMMISSIONER WILLIAMS: That number we like. 22 COMMISSIONER OEHLER: I was surprised that they 23 actually amended that. 24 COMMISSIONER LETZ: That's subject to making sure 25 the County Attorney's reviewed it, correct? 9-13-10 50 1 COMMISSIONER WILLIAMS: If he has not already done 2 so, yes. 3 JUDGE TINLEY: Any other question or comment? 4 COMMISSIONER WILLIAMS: I do have some comments, 5 Judge, before we vote, and it has to do with the -- the award 6 of the contract with Pro South. I was hoping that the 7 Freese-Nichols person would be here. I have grave concerns 8 over this contractor's ability to either perform or mobilize 9 to perform or whatever. We've not received a contract from 10 them that -- no -- did we? Are we lying? It's complete? 11 MR. HENNEKE: Commissioner, I had a lengthy 12 conversation with Mr. Boyd and Mr. -- Tanner on Friday, and 13 they've submitted the contract; I guess it was submitted to 14 me directly. I thought it had come through you. I apologize 15 if you haven't seen a copy. 16 COMMISSIONER WILLIAMS: Okay. If you got it and 17 you're happy with it, that's fine. 18 MR. HENNEKE: I think it will work. I think we can 19 move forward pretty soon. 20 COMMISSIONER WILLIAMS: Thank you. 21 JUDGE TINLEY: Any other question or comments? 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.) 9-13-10 51 1 JUDGE TINLEY: That motion does carry. We'll move 2 to Item 15; to consider, discuss, take appropriate action 3 regarding extension of the Kerr County teen curfew for 4 another year. Sheriff? 5 SHERIFF HIERHOLZER: No changes in it. It's just 6 one that we've adopted for I don't know how many years now. 7 It is a good tool. There aren't very many citations written 8 from it, but any of those kids under 17 years of age that are 9 out between 12:01 a.m. and 6 a.m. on any day of the week, 10 that are not at a school function, church function, or -- or 11 parental type deal, does give us the capability of 12 controlling a lot of that. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER WILLIAMS: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? 17 COMMISSIONER BALDWIN: I just wanted to make the 18 point, back when I was a teenager here in Kerr County, we 19 didn't need things like this, because we were either at a 20 church function or at home with our parents. (Laughter.) 21 SHERIFF HIERHOLZER: It was after your teenage 22 years that we had a problem with you, Buster. 23 JUDGE TINLEY: Commissioner -- 24 COMMISSIONER OEHLER: You're the cause of this 25 happening. 9-13-10 52 1 JUDGE TINLEY: You probably wouldn't like for me to 2 swear you in at this point, would you, and repeat that? 3 COMMISSIONER BALDWIN: No, sir. Let's just get 4 this thing going. (Laughter.) 5 JUDGE TINLEY: Any other questions or comments on 6 the motion? All in favor of the motion, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion carries. Item 16; 12 consider, discuss, take appropriate action to set Sheriff's 13 and constables fees for 2011. This is a Comptroller 14 requirement that needs to be set by October 1 with 15 notification to the Comptroller's office by October 15th. 16 SHERIFF HIERHOLZER: That's correct. 17 JUDGE TINLEY: And they become effective January 1, 18 2011. 19 SHERIFF HIERHOLZER: And there are a number of 20 changes this year. For the most part, most of the fees on 21 subpoenas, summonses -- writs and summonses and that, 22 citations where we are currently charging $65 for those, I am 23 proposing that we go to $85. Looking at a lot of the 24 Sheriffs' fees across the state, that's where they're set. 25 Some of the other ones, if you go through my list, there's a 9-13-10 53 1 lot of changes in the estray fees, and depending on size 2 animals, things like that -- you know, Animal Control does 3 most of that for us, but it helps recoup their costs and 4 that, along with the fees. Now, one major change, and this 5 is something the Judge and we've all talked about. I have 6 not visited with anybody with the city of Kerrville at this 7 point over it, but is on inmate housing. Under that, under 8 housing inmates in county holding, per day, per person, per 9 head, or any portion of a day -- part of a day on Class C 10 misdemeanors, these are those that get filed in municipal 11 court, the County doesn't see anything. 12 I'm proposing that we charge a per-day of $40 per 13 day plus any medical expense if we have to go through it for 14 the Class C holdings, okay? Above a Class C, that falls into 15 County Court. The County sees some of that revenue, you 16 might say, in there. The other changes in that, that were 17 going up, our regular out-of-county prisoner holding that we 18 are currently charging 37 a day for, I'd recommend we go to 19 45 a day. I think that's in line with some of them. It's a 20 little bit higher than other ones. We're not housing many 21 out-of-county inmates at all; our population doesn't allow 22 us. But there are times that we do, such as for, like, 23 Kimble County on capital murder suspects, those that -- that 24 they have a hard time housing. But I think that's adding a 25 lot more onto ours too when we do house those few. We do 9-13-10 54 1 have contracts with all the surrounding counties, but we're 2 just not able to use them due to our own in-house population. 3 The other one that we have never charged, and I 4 have been charged with it, is the out-of-county housing for 5 -- or housing for other counties or agencies. And what this 6 is, is we've never really charged -- say a person is wanted 7 out of Bexar County, and they're arrested here in our county. 8 Bexar County normally has 5 to 10 days to come get that 9 person, depending on another -- another state agency or 10 different state. And we've never charged them for housing 11 that inmate for those 5 or 10 days. Every once in a while we 12 get a bill from another county for doing the same thing, 13 where one of ours was wanted and got arrested by another 14 agency, and I've always coded those and forwarded them on 15 through. Now, I don't know that all the counties honor that 16 bill or would pay for it, but I think it is something that we 17 ought to -- to try and recoup those costs, and I've estimated 18 that one at $50 a day, plus any -- 19 COMMISSIONER BALDWIN: This is the first time 20 charging anything on that particular -- 21 SHERIFF HIERHOLZER: This is the first time we've 22 ever charged anything on that. 23 MR. HENNEKE: But, Sheriff, as I understand it, 24 what we're doing here is, the Comptroller requires that all 25 the counties publish their fees with the Comptroller that are 9-13-10 55 1 official records, anybody in the state can look at. 2 SHERIFF HIERHOLZER: That's correct. 3 MR. HENNEKE: And what you've done is you've looked 4 at the other fee schedules that the other counties that have 5 had in place for the current year and the past years that are 6 on file, on public record with the Comptroller, and have been 7 approved and are in place and functioning with those 8 counties, and these fees, especially some of the ones that we 9 may be increasing or may be charging now for the first time, 10 are consistent and within the range of the fees that other 11 counties are charging for the same type of services we 12 provide. 13 SHERIFF HIERHOLZER: Yes. Some of ours are higher, 14 some of ours are lower. As he stated, every county has them. 15 I've lowered some. I did away with some. Some -- some of 16 the counties we looked at, I didn't feel under Open Records 17 stuff that their fees met that Open Records. They were a lot 18 higher than what I -- we were able to read in the Open 19 Records documents that said you could charge, so we lowered 20 those. We changed some of those. Some of ours were 21 already -- such as the writ of attachment, garnishment, 22 things like those, we already had a $200 fee set for those. 23 And some of the other ones were a little bit higher or lower, 24 but I just left those at that, 'cause I felt they were 25 appropriate at that time. 9-13-10 56 1 COMMISSIONER OEHLER: So, basically what you do is 2 you -- you're trying to stay consistent with what other 3 counties are doing. Are any -- do any of these have a 4 maximum that you can charge? Or -- I mean, who -- 5 SHERIFF HIERHOLZER: There's nothing in there 6 stating a maximum. I think you just have to be reasonable. 7 COMMISSIONER OEHLER: Have to be reasonable? 8 SHERIFF HIERHOLZER: You know, the best you can. 9 Now, one thing about it, the -- the fees for things such as 10 in-county housing, Class C misdemeanors, okay, misdemeanors 11 from -- from, say, Kerrville P.D. or Ingram. Visiting with 12 Ingram, they said, well, what's going to happen is it'll get 13 passed down through court costs of that inmate when they go 14 to court in Ingram. Their municipal court will collect it. 15 Whether Kerrville does that or not, I don't know. But, I 16 mean, in looking at fees across the state, and you can pull 17 that up online any time and look at all the different 18 sheriff's offices, we did find some that are doing that, 19 okay. A lot of them aren't doing it. A lot of them still do 20 not charge cities, other than the very first time when they 21 go in to be -- till they get magistrated. But I think at 22 this point in the costs of running that jail and where we're 23 at in the continuing rise in those costs, and some of the 24 discussions that have come up during the budgeting process 25 that y'all have said, I think it's time we do start looking 9-13-10 57 1 at some of that kind of stuff. 2 Now, $40 -- or $40 on that; we're charging 37 right 3 now for anybody prior to magistration, so this may really 4 offset more than be an increase. I'll have to see by the end 5 of the year, because most Class C's get out first thing the 6 next day. They're -- they're pretty well automatic, you 7 know, P.R. bonds, so they get a P.R. bond set; they're 8 released. They may still be being held on a Class A or B or 9 a felony, but the Class C charge, they're not being held on 10 any more. But where we do have it is while they're being 11 held on that felony, on that Class C charge, they may send a 12 note -- or we have a form that they can fill out at the 13 municipal court saying they want to lay out that time in the 14 jail, and the municipal court will give them so much credit 15 per day for sitting it out in our jail, and we're paying for 16 it. 17 COMMISSIONER OEHLER: Yeah. 18 SHERIFF HIERHOLZER: And they don't pay a dime for 19 it. So I think on those, we may be able to make up some of 20 our costs. 21 COMMISSIONER OEHLER: Part of the question is -- 22 you know, we are facing and have faced losing some revenue on 23 various things, and it seems to me like we need to look at 24 all of our fees and fines and that sort of thing that we can 25 charge, and we need to be sure we're charging as much as we 9-13-10 58 1 can, because that's one of the ways to recover some revenue 2 that we don't have a lot of options. 3 COMMISSIONER WILLIAMS: Not too much. 4 SHERIFF HIERHOLZER: If you will look, this is our 5 current fee schedule from all the years prior, okay? And 6 then the new one that I have -- have put in there. A lot of 7 it we're just spelling out a little bit more, and in writing, 8 but it's actually three pages compared to one because of the 9 explanations. Some are hourly, if you have to stay too 10 long -- you know, one of the constables had brought up a 11 couple years ago sitting out waiting for somebody to be moved 12 out of their place or something. There is one -- and I need 13 to mention it on that. There is one big difference in the 14 2011 proposal that I had. It's under forcible detainer. We 15 put $85. That was a misprint. That should be 200. So, when 16 she gets it, that's the one change in the new ones that does 17 need to be made as part of the motion. 18 COMMISSIONER WILLIAMS: Should be what, Rusty? 19 SHERIFF HIERHOLZER: Halfway down the first page, 20 it says forcible detainer. 21 COMMISSIONER WILLIAMS: Mm-hmm. 22 SHERIFF HIERHOLZER: I had a mistype in there of 23 $85. 24 COMMISSIONER WILLIAMS: Mm-hmm. 25 SHERIFF HIERHOLZER: Okay. If you look at our 9-13-10 59 1 current fee for forcible detainer, it's $200, and that's 2 exactly where I want it to stay, is at 200. That was a 3 mistype when we were going down, just setting those. 4 COMMISSIONER LETZ: Rusty, on this -- I'm glad 5 you're going the right direction, but I don't think you've 6 gone far enough on some of those. I look at some of them -- 7 I don't know how many of these you do, but copies of medium 8 or standard paper size, or basically copies of a C.D., the 9 charge -- it's a dollar. 10 SHERIFF HIERHOLZER: You're governed by that 11 through the Open Records publications. 12 MS. PIEPER: Texas Administrative Code. 13 SHERIFF HIERHOLZER: Administrative Code. I can't 14 -- I originally did want to go more than that, Commissioner, 15 'cause I agree with you, but unfortunately, I'm governed by 16 the laws and what I can charge there. 17 COMMISSIONER LETZ: So, basically, there's -- I 18 guess the same is going to be true on Open Records requests 19 and other copies? 20 SHERIFF HIERHOLZER: Yes. Yeah. The only one 21 that's kind of strange -- don't know why it's a little 22 higher; I guess insurance companies get it back. But, like, 23 the one-page accident reports, you can get $6 for it, where 24 the rest of them you have to drop that charge. 25 COMMISSIONER LETZ: Isn't there -- we don't get to 9-13-10 60 1 recoup our cost on the Open Records requests? I thought it 2 was -- I mean, there's -- isn't there a labor component? So 3 that also -- 4 SHERIFF HIERHOLZER: If it's more than 50 pages. 5 MR. HENNEKE: Yeah, the fees are set through the 6 Government Code by the Attorney General's office. 7 COMMISSIONER LETZ: On the -- do you need to say on 8 here -- like, under the Open Records request, it just says 9 per page, 10 cents. 10 SHERIFF HIERHOLZER: They just match those fees 11 that we have, as long as we're in line with them. 12 COMMISSIONER LETZ: I just don't want to make 500 13 pages and you not be able to recoup any of your labor costs. 14 SHERIFF HIERHOLZER: No. 15 COMMISSIONER LETZ: Some of the others, it's 16 just -- you know, fingerprints for the public, $15. 17 SHERIFF HIERHOLZER: Right. 18 COMMISSIONER LETZ: I think that's pretty cheap. 19 SHERIFF HIERHOLZER: We were at 10; I'm going up. 20 We started at 5, went to 10, now we're going to 15. 21 COMMISSIONER LETZ: Well, I'm kind of like Bruce on 22 this. I mean, you're going in the right direction, but where 23 we can, I don't have a problem at all with going -- I mean, 24 it takes, you know, a certain amount of your personnel time 25 to do these fingerprints, time to do it or something or 9-13-10 61 1 other, but it takes a little bit of time, so you ought to 2 recover the labor cost for that. 3 SHERIFF HIERHOLZER: Definitely does. But unlike 4 some of our cohorts, I don't like jumping thousands in one 5 day in costs for one budget year. 6 COMMISSIONER LETZ: Not thousands, but another $5, 7 $10 wouldn't hurt. But, anyway -- okay. 8 SHERIFF HIERHOLZER: That's a $5 increase over last 9 year on that. Next year we may go up more, depending on 10 different costs. 11 COMMISSIONER WILLIAMS: How many public do you do 12 on fingerprinting, average a year? 13 SHERIFF HIERHOLZER: We try and set up a certain 14 time of day that they come in. I probably do an average of 15 two to three a day. 16 COMMISSIONER LETZ: A lot. It's -- you know, it's 17 a disruption. You got to -- they have to stop what they're 18 doing. 19 SHERIFF HIERHOLZER: Yes. 20 COMMISSIONER LETZ: Get in there, go do it. And, 21 you know -- 22 SHERIFF HIERHOLZER: Especially with concealed 23 handgun permit requests and things like that; we do a lot of 24 those. 25 COMMISSIONER LETZ: I'd go up. But, anyway, I'll 9-13-10 62 1 leave it to you. 2 SHERIFF HIERHOLZER: If you want me to go up more 3 than 15, you tell me to change that before it's adopted. 4 COMMISSIONER LETZ: Why don't we go to 20? 5 SHERIFF HIERHOLZER: No problem. You want 6 fingerprints at 20? 7 COMMISSIONER BALDWIN: Where else do people go get 8 fingerprints? 9 SHERIFF HIERHOLZER: I think some of the concealed 10 handgun instructors do their own fingerprinting as far as 11 that part goes. Some businesses, you can go to San Antonio 12 and do them electronically. If you want to do them -- 13 schools send, you know, new employees, things like -- people 14 like that down there to get those done. We still have to do 15 it the old-fashioned ink way, as far as doing those type. 16 COMMISSIONER LETZ: All right. 17 SHERIFF HIERHOLZER: Okay. So, with those two 18 changes, the forcible detainer going -- as stated on there, 19 85 to 200, and fingerprints going from 15 to 20. 20 JUDGE TINLEY: Do we have a motion? 21 THE CLERK: No, sir. 22 JUDGE TINLEY: Didn't think so. 23 COMMISSIONER LETZ: Move approval. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded for 9-13-10 63 1 approval, as amended. Question or discussion? All in favor 2 of the motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. We'll go to 7 Item 17; consider, discuss, approve disposition of Kerr 8 County Sheriff's Office surplus property. 9 SHERIFF HIERHOLZER: We're trying to clean out part 10 of that barn, get rid of a lot of old equipment. We've 11 had -- and I do want to publicly thank Mr. Rowan Zachary, 12 Ingram Marshal. He came up there and assisted us greatly 13 with doing a lot of this stuff, and even reprogramming some 14 radios for us that we had, so we really appreciate that. But 15 some of the fire departments -- we have some old light bars, 16 things like that, that we don't need and won't need, that you 17 can't just really take out and sell. But if you'll look at 18 those -- the list on here, there's a couple of light bars and 19 controllers going to the Mountain Home Fire Department, a 20 couple to the Divide Volunteer Fire Department, the Ingram 21 Marshal's office had several things, and the Ingram Volunteer 22 Fire Department. And this is just getting rid of all 23 equipment that we have no use for at all any more. 24 COMMISSIONER LETZ: Move approval. 25 COMMISSIONER OEHLER: Second. 9-13-10 64 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? All in favor of the 4 motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carries. 9 SHERIFF HIERHOLZER: Thank you, gentlemen. 10 JUDGE TINLEY: Let's go to Item 18, to consider, 11 discuss, and take appropriate action to approve setting the 12 cost for the fiscal year 2010-11 budget. Ms. Pieper? 13 MS. PIEPER: Gentlemen, by statute I'm required to 14 charge a dollar a page unless it is otherwise set by 15 Commissioners Court on this. So, if somebody comes in and 16 just wants a couple of pages, then it'll be a dollar a page, 17 but if they want a copy of the whole book, then I would like 18 for y'all to set the price. 19 COMMISSIONER LETZ: It's available online, correct? 20 MS. PIEPER: It is, so I really don't know that we 21 would get anybody that comes in to request the whole book, 22 but should we, I would like to be prepared. 23 COMMISSIONER BALDWIN: What do you have, 25 on it 24 now? 25 MS. PIEPER: Yes. 9-13-10 65 1 COMMISSIONER BALDWIN: For previous years? 2 MS. PIEPER: But it's much thicker. I don't know 3 how many pages. 4 THE CLERK: It's 85 pages. 5 MS. PIEPER: 85 pages now. 6 COMMISSIONER LETZ: I'd say $50. 7 COMMISSIONER WILLIAMS: I would think so. 8 COMMISSIONER LETZ: Move approval, set it at $50. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded to set the 11 cost at $50. Question or discussion? All in favor, signify 12 by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Item 19, to 17 consider, discuss, take appropriate action on invitation from 18 the Kerr County Historical Commission to attend a joint 19 meeting with them on November the 8th, 2010. Commissioner 20 Baldwin? 21 COMMISSIONER BALDWIN: Yes, sir. Do you remember 22 last year we went out to Schreiner University and -- and had 23 a really nice lunch and visited with the Historical 24 Commission? This is exactly the same thing. Do you want to 25 do it or not? 9-13-10 66 1 COMMISSIONER LETZ: Sure. 2 COMMISSIONER WILLIAMS: Do you want us to do it or 3 not? 4 COMMISSIONER LETZ: Are they going to feed us 5 again? 6 COMMISSIONER BALDWIN: Yes. 7 COMMISSIONER LETZ: Sure. 8 COMMISSIONER BALDWIN: So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item. Question or discussion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Item 20, to 17 consider, discuss, take appropriate action on request from 18 Roy Walston to use some of the dirt from the old outdoor 19 arena for a gardening project. Commissioner Oehler? 20 COMMISSIONER WILLIAMS: What are you planning? 21 COMMISSIONER OEHLER: I think that this -- from 22 what I -- talking to Roy the other day, there has been some 23 funding through a grant to start some community garden 24 projects or gardens, and one of the pilot projects is going 25 to be at Tivy High School where they're going to put in some 9-13-10 67 1 beds to start some gardening projects. And he thought that 2 may be a good idea if they would request some dirt out of the 3 old outdoor arena, which is prime dirt for this sort of a 4 thing. 5 JUDGE TINLEY: How much is "some," Commissioner? 6 COMMISSIONER OEHLER: I do not know how much "some" 7 is, but I don't believe -- I think he said there would be 18 8 beds, and something like 10 by 20, so we're not talking a 9 huge amount of soil. 10 MR. WALSTON: Be about 60 yards. 11 COMMISSIONER OEHLER: Fifty yards? 12 MR. WALSTON: Sixty. 13 COMMISSIONER OEHLER: You sure you don't need 100? 14 MR. WALSTON: This -- well, this is just the one 15 project. We actually have two or three in the making, so 16 there could be some other organizations -- I mean, if we can 17 stockpile it somewhere, I can -- 18 COMMISSIONER LETZ: We don't want to get too much 19 out; then we have to start paying to haul it back in. 20 COMMISSIONER OEHLER: We're going to have to cut 21 some out and put some fill back in, because otherwise we're 22 going to have mud. 23 COMMISSIONER WILLIAMS: We're giving this away? 24 COMMISSIONER OEHLER: Well, it's for community 25 projects. It's not -- 9-13-10 68 1 COMMISSIONER WILLIAMS: And whoever wants it has to 2 get it. 3 COMMISSIONER OEHLER: We're not delivering. We're 4 not delivering, as far as I'm concerned. It would be up to 5 them to figure out a way to get it and move it. And it 6 couldn't be done until after the county fair, because they're 7 going to use that arena to put bulls in. And preferably not 8 until after all of that -- that other is torn down to where 9 you get in there and dig, and then -- but we're going to have 10 to dig some of that out of there and do something with it, 11 because otherwise we're going to have to build a big mound of 12 gravel over the top of it, because it will not be suitable 13 for a parking area if it rains; go out there and sink up to 14 your ankles at least. Be another place that, if we don't do 15 something like that, there will be a little mud driving in 16 the back. 17 JUDGE TINLEY: The gardening project's going to 18 start in the spring; is that correct? 19 MR. WALSTON: There -- this has got to be approved 20 through the school board, and this -- we're just in the 21 planning phases of it, and we were trying to put together a 22 cost budget for them to look at. And a lot of this -- of 23 course, there's several different community groups that are 24 wanting to put in some gardens, and so we're -- we're 25 basically -- this Harvest Partners is the committee that I'm 9-13-10 69 1 working on that is trying to help these different 2 organizations put together the budget and plans if they 3 decide to go in with community gardens, what it's going to 4 cost, and some design, and our Master Gardeners are going to 5 work with them individually. So these are -- right now, 6 there's -- there's this one, and it's got to be approved 7 through the school board. But just in the planning stages, 8 we would like to kind of get a heads-up on this and see if 9 it's available. But it's -- we're looking at 16 beds that 10 are 12 -- 12-by-4, 2 foot deep, that are raised beds, so 11 we're looking right at 60 yards. 12 JUDGE TINLEY: Two foot deep? 13 MR. WALSTON: Two foot deep. 14 JUDGE TINLEY: Leonard, that's a quick calculation 15 for you, isn't it? 16 MR. ODOM: What did he say? 17 JUDGE TINLEY: 12-by-4 by 2 foot deep. 18 MR. WALSTON: 12-by-4 by 2 foot deep. 19 COMMISSIONER BALDWIN: That's about -- 20 MR. WALSTON: Sixteen beds. 57 yards is what I 21 figured out. 22 MR. ODOM: How many beds? 23 MR. WALSTON: Sixteen. 24 COMMISSIONER OEHLER: Be more than that. 25 MR. ODOM: Then we have to dig it out, right? 9-13-10 70 1 COMMISSIONER LETZ: No. 2 JUDGE TINLEY: No. 3 COMMISSIONER OEHLER: No. 4 COMMISSIONER LETZ: You're not involved. Yet. 5 COMMISSIONER OEHLER: You will be when it comes 6 time to fill it back up. 7 MR. ODOM: That's what I'm saying. 8 COMMISSIONER LETZ: Yeah. I think that, you know, 9 I'd say yes. Well, I'll make a motion, to -- 10 MR. ODOM: Can it be done? The answer is yes, 11 okay. 12 COMMISSIONER LETZ: -- make a motion to approve -- 13 MR. ODOM: Do I want to do it? No. 14 COMMISSIONER LETZ: -- to make available up to 100 15 yards of soil out of that old outdoor arena for gardening -- 16 community gardening projects. And leave it at that right 17 now. Come back when it comes time to -- 18 MR. WALSTON: Okay. 19 COMMISSIONER LETZ: -- get the dirt. 20 MR. WALSTON: Won't be till after -- 21 COMMISSIONER OEHLER: We don't want you digging a 22 3-foot deep hole out there. 23 MR. WALSTON: That's why -- I didn't know if y'all 24 were going to stockpile it. 25 COMMISSIONER LETZ: Why don't we go ahead -- since 9-13-10 71 1 you're waiting on the school board to approve it, we've got 2 the dirt there. Then we can figure out what to do with it, 3 where we're going to put it. Why don't you come back before 4 you start digging the -- 5 COMMISSIONER OEHLER: Don't dig till you come back. 6 COMMISSIONER LETZ: But it's available. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. 10 MR. ODOM: What about the Schreiner dirt? Would 11 that be better, or just -- 12 COMMISSIONER OEHLER: No, this would be better 13 because it has more sand in it; it has a lot of other 14 nutrients. 15 MS. HOFFER: Moved once, and then don't replace 16 dirt for a hole. 17 COMMISSIONER OEHLER: That's better dirt to put 18 back in the hole than it is for gardening from it. 19 JUDGE TINLEY: Any other questions? 20 COMMISSIONER BALDWIN: I just want to make a 21 comment. It would be -- wouldn't it be neat to have the 22 Sheriff's Office to have a large garden there, taken care of 23 by prisoners, to provide vegetables for their own meals? 24 Possibly other nursing homes or whatever, or my house. 25 (Laughter.) Those needy people. 9-13-10 72 1 COMMISSIONER WILLIAMS: Haven't we been down this 2 road before? 3 COMMISSIONER BALDWIN: Yeah, we've brought it up 4 several times through the last hundred years. 5 COMMISSIONER WILLIAMS: The Sheriff didn't have any 6 hoes and rakes and stuff, right? 7 COMMISSIONER BALDWIN: I don't know. 8 SHERIFF HIERHOLZER: We're getting closer to the 9 point, if we get the bid pack done and that fence done, that 10 we are -- after that's built, and the security issues there 11 taken care of, that we could seriously be looking at maybe 12 trying to do something like that. 13 JUDGE TINLEY: I thought we had something nailed 14 down, and he says after, we could seriously maybe begin. 15 COMMISSIONER BALDWIN: Yeah. 16 COMMISSIONER OEHLER: Getting closer every time. 17 JUDGE TINLEY: Commissioner, that doesn't sound 18 like a ringing endorsement to me. 19 COMMISSIONER BALDWIN: No, it didn't, did it? I'm 20 not bringing -- 21 JUDGE TINLEY: Sheriff, once we get that new 22 perimeter fence there with the automatic gates controlled by 23 your folks and get a space designated out there, are you 24 telling me that there's a green light in your mind for the 25 garden project? 9-13-10 73 1 SHERIFF HIERHOLZER: Depends on what y'all do with 2 budget and personnel process. 3 COMMISSIONER WILLIAMS: Do what? 4 COMMISSIONER OEHLER: Oh, that isn't going to fly, 5 Rusty. (Laughter.) 6 SHERIFF HIERHOLZER: Well, that was the quickest I 7 could come up with something. 8 JUDGE TINLEY: Well, we could do something with the 9 budget to make you look at that in a real attractive manner, 10 if we look at your food budget there, you see. 11 COMMISSIONER BALDWIN: Yeah. It's all for him. 12 JUDGE TINLEY: Yeah. 13 COMMISSIONER BALDWIN: That's the only reason I 14 brought it up, is for his benefit. 15 COMMISSIONER WILLIAMS: Rusty's road stand. 16 COMMISSIONER BALDWIN: I like that. 17 COMMISSIONER OEHLER: Milk cows are next. 18 JUDGE TINLEY: Mm-hmm. 19 COMMISSIONER LETZ: Goats out there running around. 20 JUDGE TINLEY: Okay. Any more question or 21 discussion on the motion? All in favor of the motion, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 9-13-10 74 1 JUDGE TINLEY: The motion carries. Item 21, 2 consider, discuss, take appropriate action to ratify, approve 3 a new copier contract for Crime Victims Services/Indigent 4 Health Department. County Attorney has -- has raised an 5 issue, I understand. 6 MR. HENNEKE: Yes, gentlemen. General fundamental 7 constitutional law provisions prohibit a governing body from 8 contracting outside of its budget. And the standard 9 provision that's inserted into contracts when we do budget 10 for multi-year is that the contract is always subject to -- 11 payment is subject to appropriated funds and subject to term. 12 And in the event that, in a future budget year, the 13 Commissioners Court chooses not to appropriate money for that 14 item, then it's not a breach of contract. That's standard 15 language that's used in pretty much all of the agreements 16 that we do. I was sent over -- and my understanding of the 17 response from the salesman for the copier place was that it 18 was implied in the contract that if we didn't want to pay for 19 it in the future, they weren't going to hold us accountable 20 to -- to the contract, which isn't what it says. So, you 21 know, I've just -- this contract is something I became aware 22 of recently. It's -- I'd like to have a chance to dialogue 23 with the -- we could approve it with that proposed insertion, 24 and then I can talk to the salesperson, because this 25 shouldn't be a problem. And I -- I don't think this 9-13-10 75 1 individual's an attorney, and -- but we can't commit 2 ourselves 5, 10 years down in the future, even on a small -- 3 small-dollar contract. 4 JUDGE TINLEY: That's the only problem you have, is 5 the "subject to annual appropriation"? 6 MR. HENNEKE: Yes, sir. 7 JUDGE TINLEY: Most of those vendors have two 8 different contracts, one for -- one for private purchasers 9 and one for government purchasers, and it's clearly set forth 10 in the one for government. 11 MS. LAVENDER: I think that may be our problem. 12 JUDGE TINLEY: Maybe they just got the wrong -- 13 MS. LAVENDER: I think that's probably what our 14 problem is. 15 MR. HENNEKE: Because this one that he did send 16 over explicitly says that it's a 60-month, noncancelable, 17 locked in -- you know, and so I -- I proposed that language 18 to -- 19 JUDGE TINLEY: But subject to -- subject to that, 20 you have no problem, and you'd have no problem with the Court 21 approving the agenda item subject to your being able to 22 obtain that provision in the contract? 23 MR. HENNEKE: Correct, and that's what I propose. 24 And I would say, you know, it can be approved with the 25 inclusion under Number 4, additional provisions, that, you 9-13-10 76 1 know, payment is subject to appropriated funds, and in the 2 event funds aren't appropriated, it's not a breach of 3 contract. 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item, subject to the addition in the 8 contract of the language as required by the County Attorney. 9 Further question or discussion? 10 COMMISSIONER BALDWIN: Yes, sir. Do you remember, 11 within the last year or so, we -- we replaced our copier, and 12 we kind of stumbled around with that a little bit, because 13 there was some conflict in the language. You may want to 14 visit with Jody before we sign anything. 15 MS. LAVENDER: It's the same contractor. It's the 16 same -- 17 COMMISSIONER BALDWIN: The same the one that we -- 18 that we didn't -- 19 MS. LAVENDER: That you struggled with. 20 COMMISSIONER BALDWIN: Ended up with? 21 MS. LAVENDER: I wasn't aware of that until just 22 now. 23 COMMISSIONER BALDWIN: Okay. Is she -- is it the 24 same one that we had the problem with? Or the same one 25 that -- 9-13-10 77 1 MS. GRINSTEAD: It's the one we went with, same 2 person. 3 COMMISSIONER BALDWIN: Okay. 4 JUDGE TINLEY: We may want to be sure that we have 5 the appropriate language in that one as part and parcel of 6 that whole deal. If it's not, in fact, in that contract, get 7 an addendum or an amendment to that contract. So, we'll take 8 a look at that one also. Okay. Further question? All in 9 favor, 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 MS. LAVENDER: Thank you. 15 JUDGE TINLEY: Let's take about a 15-minute recess. 16 (Recess taken from 10:40 a.m. to 11:00 a.m.) 17 - - - - - - - - - - 18 JUDGE TINLEY: Okay, let's come back to order, if 19 we might. Why don't we go to Section 4 for right now, 20 payment of the bills. 21 COMMISSIONER LETZ: Judge, I move we pay the bills. 22 COMMISSIONER BALDWIN: I'll second that emotion. 23 JUDGE TINLEY: Motion made and seconded to pay the 24 bills. Question or discussion on the motion? 25 COMMISSIONER BALDWIN: I've got a question here, 9-13-10 78 1 Mrs. Auditor. 2 MS. HARGIS: Yes, sir? 3 COMMISSIONER BALDWIN: On the budget amendments -- 4 is this budget amendments? 5 JUDGE TINLEY: No, these are the bills. 6 COMMISSIONER BALDWIN: Okay, then. All right; you 7 don't have to yell. I don't have any questions on the bills. 8 Haven't gotten to them. 9 JUDGE TINLEY: Any other question or comment? All 10 in favor of the motion, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. Now we go 15 to budget amendments. 16 MS. HARGIS: Don't we have late bills in there? 17 JUDGE TINLEY: We'll get to that in a moment. 18 MS. HARGIS: Okay. I thought that was next. 19 COMMISSIONER BALDWIN: I just want you to explain 20 to me about this -- this Juvenile Detention Facility and this 21 overtime issue, please. 22 MS. HARGIS: Mr. Stanton requested that we give him 23 a budget amendment for about $17,700 for overtime that his 24 people have spent over the last year, year and a half, that 25 had accumulated. It's my understanding that there was a time 9-13-10 79 1 frame to try to reduce this accumulation, and that time frame 2 is around the 30th of September. I would suggest to the 3 Court that perhaps we give him another 90 days to give these 4 people time off. Under the circumstances, it's a lot of 5 money, but I had to present the request because the 6 department head did ask for it, because he does have the 7 17,000 in his budget. It's not my call to make, so I'm just 8 presenting it to you. 9 COMMISSIONER BALDWIN: Of this 17,000-plus, do you 10 have any idea about how much of that has already been used, 11 and is he -- is some of that him looking forward to more time 12 off? Or -- 13 MS. HARGIS: He did not give me a summary of what 14 had been used, only what had not been used, so I can't answer 15 that. 16 COMMISSIONER OEHLER: Tell you what -- 17 COMMISSIONER BALDWIN: I agree with you that, you 18 know, he needs to understand -- I mean, that is -- that's 19 $18,000 for overtime? 20 SHERIFF HIERHOLZER: A lot of that, Buster, if I 21 may, may be the same thing I have to do in mine, and I know 22 Kevin does that in his, is it's not just overtime. It's the 23 holiday pay is incorporated in there. 24 COMMISSIONER WILLIAMS: Right. 25 MS. HYDE: Right. 9-13-10 80 1 COMMISSIONER BALDWIN: It's still a lot of money. 2 SHERIFF HIERHOLZER: You have to cover it. Holiday 3 pay takes up a lot of money real quick. 4 COMMISSIONER BALDWIN: The -- I mean, does -- are 5 we fully staffed? 6 MS. HARGIS: I can't answer that question. I think 7 that he -- he has two part-timers. I'm not sure. I think 8 he's not overly staffed. I don't know. I would leave that 9 to the H.R. director. I don't -- 10 JUDGE TINLEY: We -- we authorized lifting the 11 hiring freeze as to one part-time position that he has out 12 there at our last meeting in order that he could be in 13 compliance with T.J.P.C. standards and policies and ratios. 14 COMMISSIONER BALDWIN: But all this is prior to -- 15 prior to that. 16 JUDGE TINLEY: Yeah. I think what a lot of this is 17 is comp time that's been accrued that he would have liked to 18 have rolled off, but because of his -- his staffing ratios 19 that he's required to maintain under Juvenile Probation 20 Commission standards, he's limited as to what he can do, and 21 he's left with this. He sees the deadline of September 30 to 22 either have it rolled off or paid, so he comes with a budget 23 amendment. I think, as the Auditor said, our option is to 24 approve him to pay it to conform with his deadline, or extend 25 his deadline. 9-13-10 81 1 COMMISSIONER BALDWIN: I like the extension of the 2 deadline, myself. That gives him the opportunity to work it 3 off. 4 JUDGE TINLEY: Mm-hmm. 5 COMMISSIONER BALDWIN: If he's -- if he's staffed 6 up. I mean, it's not going to do any good if he's still 7 lacking people, where he's still juggling. 8 JUDGE TINLEY: Well, he keeps things fairly tight 9 personnel-wise to -- to maintain his compliance with T.J.P.C. 10 standards, but he doesn't have a lot of slack. 11 MS. HYDE: Right. 12 JUDGE TINLEY: It's pretty tight. 13 COMMISSIONER OEHLER: Those staffing levels are 14 tied to the amount of -- of inmates, right? 15 JUDGE TINLEY: Right, certain ratios that are 16 required. 17 COMMISSIONER OEHLER: And so if that ratio falls a 18 little bit, then he could get -- turn somebody -- get them on 19 comp time and starts eating up some of this stuff. 'Cause I 20 feel sure that he's not fully loaded every day. I don't 21 believe his -- I mean, fully staffed, but not fully -- 22 COMMISSIONER WILLIAMS: Well, that's the key. He 23 has to be fully staffed, even if he's not fully loaded. 24 COMMISSIONER OEHLER: Yeah. Then if he's not fully 25 -- if he's not fully loaded, then he can give some comp time 9-13-10 82 1 off when he doesn't need the extra staff person. 2 COMMISSIONER WILLIAMS: Sometimes. 3 JUDGE TINLEY: Yeah. It's a real -- it's a real 4 juggling and fine line that he has to walk to do that, and I 5 suspect that's probably got him in the fix that he's in. 6 COMMISSIONER OEHLER: Sounds to me like that he 7 needs to start this plan earlier in the year to get rid of 8 some of this time, rather than make it a liability that has 9 to be paid at the eleventh hour. 10 MS. HARGIS: Well, and if we're going to give him 11 additional time, and he does not, and we end up -- I don't 12 want it in the new budget. So, we -- we're going to have 13 to -- I can accrue this for about 60 days, but generally 14 speaking, more than 60 days is kind of frowned on by the 15 outside auditor. So, we need to kind of decide to -- I would 16 suggest maybe tomorrow, since we have the budget workshop, 17 perhaps he could address this issue tomorrow. And that way 18 you have the opportunity, and then you could approve it -- 19 maybe recess on it and approve it tomorrow. Because I -- I 20 don't have all the information. I can't, you know, represent 21 him fully. 22 COMMISSIONER LETZ: Sounds like a plan. 23 COMMISSIONER OEHLER: I like that plan. At least 24 get him to come explain to us before we authorize an 25 amendment for that kind of money. 9-13-10 83 1 COMMISSIONER BALDWIN: See what's going on with 2 him. Of course, that was my question, but I would certainly 3 want to give him the opportunity to spend it in a proper way 4 other than just throwing money at it. 5 JUDGE TINLEY: Looks like that relates to Request 6 Numbers 6, 7, 8, 9, and 10. With the exception of 6 through 7 10, do I hear a motion that the budget amendments 1 through 8 16 be approved as presented? 9 COMMISSIONER WILLIAMS: So moved. 10 COMMISSIONER LETZ: Second. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion made and seconded that budget 13 amendments 1 through 16 be approved, with the exception of 6, 14 7, 8, 9 and 10. Question or discussion on the motion? All 15 in favor of the motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. We have a 20 couple of late bills, one from Kendnel Kasper for a job draw 21 that was approved by the architect. That's the last draw on 22 the job other than the retainage. The retainage, of course, 23 is -- will be held for the statutory period. And then 24 there's another one for translation services. 25 MS. HARGIS: Yes. 9-13-10 84 1 JUDGE TINLEY: Provided to one of the district 2 courts, I presume? 3 MS. HARGIS: This is for the -- the Center Point 4 operations, to translate some of the items that the -- the 5 field personnel are going to use to go out to talk to these 6 people. 7 COMMISSIONER WILLIAMS: This is to help us get 8 through the environmental, get the details worked out for 9 somebody to do this. We know who's going to do it. The 10 documents that we need have been translated into Spanish. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER WILLIAMS: So they're presented in 13 either English and Spanish, and/or. 14 JUDGE TINLEY: This is Center Point/East Kerr 15 wastewater project? 16 COMMISSIONER WILLIAMS: Yes, sir. 17 JUDGE TINLEY: Okay. Okay. Do I hear a motion 18 that the late bills as presented be approved? 19 COMMISSIONER BALDWIN: So moved. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the late bills. Question or discussion? 23 COMMISSIONER BALDWIN: I am just so opposed to this 24 translation issue, with every fiber in my body. But let's 25 pay them. 9-13-10 85 1 JUDGE TINLEY: Any other question or comments? All 2 in favor of the motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. I have been 7 presented with monthly reports from the Kerr County Treasurer 8 for July 2010; Kerr County payroll for August 2010; 9 Constable, Precinct 1; Justice of the Peace, Precinct 1; 10 Constable, Precinct 4; County Clerk; Justice of the Peace, 11 Precinct 2; Justice of the Peace, Precinct 3; Environmental 12 Health; Justice of the Peace, Precinct 4; District Clerk; and 13 Constable, Precinct 3. Do I hear a motion that those reports 14 be approved as presented? 15 COMMISSIONER BALDWIN: So moved. 16 COMMISSIONER LETZ: So moved -- second. 17 JUDGE TINLEY: Motion made and seconded that the 18 indicated reports be approved as presented. Any question or 19 discussion on the motion? All in favor of the motion, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion does carry. Okay. 25 COMMISSIONER BALDWIN: Judge, what about this 9-13-10 86 1 addendum here, this Item 23 and 24? 2 JUDGE TINLEY: We're going to come back and pick 3 that up, Commissioner. 4 COMMISSIONER BALDWIN: I knew you'd yell at me 5 about it. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: I'm trying to be helpful and 8 to move the people's business along and be nice about it, but 9 no, you won't allow me. 10 COMMISSIONER LETZ: Judge, that's posted as to 11 11:20, correct? 12 JUDGE TINLEY: Yes, it is. 13 COMMISSIONER LETZ: I don't know that we need 14 executive session on 22. I think we can probably go to 22. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER LETZ: Makes things work just fine, 17 Commissioner. 18 COMMISSIONER WILLIAMS: Little piece of good news. 19 JUDGE TINLEY: Let's go to Item 22. Commissioner, 20 I'm sorry, we'll have to defer on those addendum items. Item 21 22 is consider, discuss, take appropriate action on property 22 acquisition in east Kerr County for a Road and Bridge 23 equipment yard. Commissioner Letz? 24 COMMISSIONER LETZ: This relates to purchasing of 25 the equipment yard in the eastern part of the county. The 9-13-10 87 1 Court's, I think, familiar with it. And we're at the point 2 that we -- the county surveyor has gone out and has field 3 notes, which need to get to the County Attorney to write 4 contracts and deeds things of that nature for the purchase of 5 that tract. And it's on the agenda to authorize the County 6 Attorney to proceed. And we can -- I don't know if we 7 need -- the amount has been agreed to by the seller. I don't 8 know if I need to -- 9 MR. HENNEKE: Commissioner, if you'll get me the 10 terms and the survey, I'll draw up a contract and have it 11 ready to present to the Commissioners Court. 12 COMMISSIONER LETZ: My thought would be that we get 13 it -- a draft, get it to the seller so their attorney can 14 look at it, and then make sure that we don't go back and 15 forth with contracts. 16 MR. HENNEKE: Sure. If you'll let me know the 17 terms, then I can put it together and send it over and make 18 sure they sign off on it. 19 COMMISSIONER LETZ: Okay. The only thing, we just 20 have to be -- you know, at our next meeting, hopefully we can 21 get that accomplished, because this is coming out of this 22 year's budget. And we're also working on, and probably at 23 the next meeting, will also finalize the right-of-way 24 purchase that are kind of part of this whole deal, with some 25 other priorities for the Hermann Sons Road relocation. So, 9-13-10 88 1 I'll just make a motion to authorize the County Attorney to 2 proceed with preparing the deed documents for the purchase of 3 a tract in east Kerr County for the Road and Bridge 4 Department. Is that sufficient? 5 MR. HENNEKE: Once he gets the documents from -- 6 COMMISSIONER LETZ: They're done, but from Voelkel. 7 You just got to go get them. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Further question or discussion on that motion? 11 All in favor of the motion, signify by raising your right 12 hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Okay. It's 17 11:20 somewhere, right, Commissioner Baldwin? 18 COMMISSIONER BALDWIN: Yes, sir, it is. 19 JUDGE TINLEY: Okay. Let's go to Item 23; 20 consider, discuss, take appropriate action to lift hiring 21 freeze for Juvenile Probation Department to allow hiring of 22 juvenile probation officers as may be necessary to be in 23 compliance with T.J.P.C. -- that's Juvenile Probation 24 Commission -- ratios and requirements. Mr. Davis? 25 MR. DAVIS: Morning, gentlemen. Out of respect for 9-13-10 89 1 the current hiring freeze, I've come forward to ask that we 2 be given a variance or a waiver or lifting of that freeze so 3 that we may fill the vacant position we have when Officer 4 Witt departed and relocated to the state of Oklahoma, against 5 better judgment and counsel. (Laughter.) This position is 6 one of our J.P.O. positions, and it's actually, roughly 45 7 percent or so, funded by the county. The other 55 percent of 8 those funds are allocated by the state, because he is a 9 specialized officer. This grant position is a specialized 10 position. And I would ask that the board -- or ask -- pardon 11 me, ask that the Commissioners Court approve, and ask that 12 you allow us to fill our empty position. 13 JUDGE TINLEY: You need to have that position 14 filled so you remain in compliance with caseload requirements 15 of T.J.P.C.? 16 MR. DAVIS: Yes, sir. Our else we -- yes, sir. We 17 could lose the grant that funds the majority of this 18 position, and then also potentially a ratio issue, yes, sir. 19 COMMISSIONER BALDWIN: I move for approval, and 20 then I guess we can get it on the table and -- 21 COMMISSIONER LETZ: Second. 22 COMMISSIONER BALDWIN: -- talk about it. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? 25 COMMISSIONER BALDWIN: I don't have anything to 9-13-10 90 1 talk about. It's -- it's usually the other end of the table 2 or somebody else. (Laughter.) The hiring freeze thing is -- 3 you know, we know what that -- what it's made out of now, 4 don't we? 5 COMMISSIONER WILLIAMS: Yeah. Much like Swiss 6 cheese right now. 7 COMMISSIONER BALDWIN: If you wanted to do 8 something really important, put a spending freeze on. 9 COMMISSIONER WILLIAMS: Put a what? 10 COMMISSIONER BALDWIN: Spending freeze. 11 COMMISSIONER WILLIAMS: There you go. 12 COMMISSIONER BALDWIN: Try that. 13 JUDGE TINLEY: Certainly would slow down the 14 activity in the Auditor's and the Treasurer's office, 15 wouldn't it? 16 COMMISSIONER BALDWIN: Yes, it would. 17 COMMISSIONER OEHLER: So you have to have this to 18 comply with what the state tells you we have to have -- 19 MR. DAVIS: Yes, sir. 20 COMMISSIONER OEHLER: -- in personnel? 21 MR. DAVIS: Yes, sir, or else we -- basically, we 22 risk losing the grant that funds the majority of this 23 caseload. Yes, sir. 24 COMMISSIONER OEHLER: I don't think we can afford 25 to lose the grant. 9-13-10 91 1 COMMISSIONER LETZ: No. 2 JUDGE TINLEY: Any other questions or comments? 3 COMMISSIONER OEHLER: No. 4 JUDGE TINLEY: All in favor of the motion, signify 5 by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. 10 MR. DAVIS: Thank you. 11 JUDGE TINLEY: Let's go to Item 24; consider, 12 discuss, take appropriate action on Change Proposal Number 4 13 -- actually, it's a change order -- to contract with Kendnel 14 Kasper Construction on the Sheriff's Annex/Adult Probation 15 building project. We've approved Change Proposals 14, 15, 16 16, and 18. Don't ask me what happened to 17, 'cause I 17 didn't number them. And those are all incorporated into a 18 contract, Change Order Number 4, which is before the Court. 19 So, essentially, we've approved the proposals, and this just 20 incorporates them into a change order. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER OEHLER: Just combines them all into 23 one change order? 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Mm-hmm, yeah. 9-13-10 92 1 COMMISSIONER WILLIAMS: I'll move it. 2 COMMISSIONER LETZ: I moved it. 3 COMMISSIONER BALDWIN: He did. 4 JUDGE TINLEY: He moved it, all right. 5 COMMISSIONER WILLIAMS: All right, he moved it. 6 JUDGE TINLEY: We have a motion and second for 7 approval. Question or discussion? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Gentlemen, 13 do we have anything else on this particular agenda, save and 14 except the issue as to -- on the Juvenile Detention Facility, 15 on that issue, to come before the Court? 16 COMMISSIONER BALDWIN: No, sir. I'd like to go 17 back to my -- the comment part of it, though. I just wanted 18 to say to the Court that there was some visiting last week in 19 our budget hearings and some concern in regard -- regarding 20 the -- who is state employees and who is County employees and 21 all that conversation, and it was particularly those folks 22 upstairs. So, I've asked them to come here tomorrow to brief 23 us and let us know who's who and who's not. 24 COMMISSIONER WILLIAMS: Okay. 25 COMMISSIONER BALDWIN: So Becky will be here 9-13-10 93 1 tomorrow to explain that, as far as the district courts are 2 concerned. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER LETZ: In that same vein, I visited 5 with some of the folks, and an idea that came up that seems 6 pretty good to me, that probably the County Judge can 7 probably do, is to send a letter to all of these departments, 8 if we can identify where they even are, and ask their 9 supervisors if they consider to be county employees or not. 10 If they do, that gives us control over them, and they follow 11 our personnel -- our policies. If they don't, then they can 12 go do whatever they want for their benefits. And might be a 13 way to kind of figure out -- you know, we need to have 14 control or we don't have control. If we're spending the 15 money, I think we should have control. Anyway, just -- just 16 an idea that came up, that we -- for what it's worth. 17 JUDGE TINLEY: For the record, we're under the 18 reports from Commissioners in connection with their liaison 19 or committee assignments. I assume that's where you were, 20 wasn't it, Commissioner? 21 COMMISSIONER BALDWIN: That's exactly right. I 22 just went ahead -- a little bit ahead of you there. I 23 apologize. 24 JUDGE TINLEY: Sometimes you're thinking way ahead 25 of me. 9-13-10 94 1 COMMISSIONER BALDWIN: Oh, yeah. 2 JUDGE TINLEY: I got to struggle to stay up here. 3 That's an interesting -- interesting issue, and maybe I'll 4 look at drafting a -- a proposed letter. 5 COMMISSIONER LETZ: I just tossed it out in case 6 the County Judge wanted to do it. On his own. 7 JUDGE TINLEY: Well, at a minimum, it might create 8 an opportunity, if we're subsequently utilized for purposes 9 of payroll and administration, things of that nature, that we 10 could impose an appropriate administrative charge, or 11 surcharge, as the case may be, for -- for handling those 12 functions for them. 13 COMMISSIONER BALDWIN: Or not providing the 14 function. 15 COMMISSIONER LETZ: Yeah. 16 JUDGE TINLEY: That's the other option, certainly. 17 Okay. Commissioner Williams, have you got any comments for 18 us in connection with your pursuits? 19 COMMISSIONER WILLIAMS: Nothing from Center Point 20 this morning. 21 JUDGE TINLEY: I see. Anything else, Commissioner 22 Letz? 23 COMMISSIONER LETZ: I don't think so. 24 COMMISSIONER OEHLER: I don't know if it's a 25 liaison duty or not. It could come under comments, I guess. 9-13-10 95 1 We had talked about reallocating space in the Ingram annex, 2 and as far as I'm concerned, that is a dead issue. We're not 3 going to spend a dime on it. We're going to stay right where 4 we are and the way we are, and going to operate. I have 5 another plan that I'll present in the future -- very near 6 future of a direction to go that might be a good thing for 7 the long haul. And I've been checking on the arena; it's 8 coming along very well. The guy's doing a real nice job on 9 it. The rain and everything seemed to work really well on 10 the way it was put in. It did soak up a lot of water. Of 11 course, it was dry. But I think it's going to hold a fair 12 amount of moisture, and it will not require as much watering 13 as some others might. I think the -- we gambled on the 14 mixture, and I think we got lucky. Both -- the arena builder 15 says he thinks it's probably one of the -- some of the best 16 soil that he's seen, far and away, and they are involved in a 17 lot of roping activities. 18 COMMISSIONER LETZ: Commissioner, can you update on 19 the wire issue? 20 COMMISSIONER OEHLER: Yes. There's going to be a 21 proposed change order coming. It's not a huge one, but to 22 upgrade the wire -- the holding pens to welding wire panels, 23 which is what I thought we'd done to start with, but somehow 24 that didn't happen. And rather than the 2-by-4 old-time wire 25 that you stretch and tie off, because it's going to get beat 9-13-10 96 1 all to heck, and it'll look bad in time, and they'll put two 2 welding wire panels on it, weld them all, and that will make 3 it look good and be good for a long time. Not a big change 4 order. I think what I heard or saw the other day was 5 somewhere around $2,000. 6 JUDGE TINLEY: But that is as opposed to 7 continually maintaining and redoing -- 8 COMMISSIONER OEHLER: Oh, yes. Forever and ever. 9 This will be 2-by-4, but it will be welding wire panels 10 instead of the rolled wire. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER OEHLER: And that's -- that -- you 13 know, I don't know how that slipped through the cracks, but 14 it did. And -- but they're coming very -- coming along very 15 well with it. Slab got poured a week or so ago for the -- 16 for the announcer's stand and all that, and it's just -- it's 17 a really nice job, and it's going to be a big asset. I think 18 it's going to be used a lot more than we can imagine because 19 of what it is, being the correct size, and being located out 20 in that field is also a big advantage for the people bringing 21 in trailers and horses. They don't have to cross that paved 22 parking lot, in and out of the old -- the indoor arena, and 23 they're going to like it a whole lot better. We're going to 24 see more functions coming there once this is finished. 25 COMMISSIONER WILLIAMS: Looks bigger than the old 9-13-10 97 1 one. 2 COMMISSIONER OEHLER: Yeah. The old one would be 3 real nice to be gone. 4 JUDGE TINLEY: Anything else? 5 COMMISSIONER OEHLER: That's it. 6 JUDGE TINLEY: Do we have any reports from elected 7 officials or department heads? 8 COMMISSIONER WILLIAMS: Uh-oh. 9 SHERIFF HIERHOLZER: Report. 10 JUDGE TINLEY: I asked the question. 11 SHERIFF HIERHOLZER: That's right. Jail 12 population, we're staying about consistent with the average 13 of right at 150. We did get down to the 130's for a while, 14 but we're back up to the 150's. Primarily low 150's, but 15 that's pretty well what it's been -- where it's been staying. 16 I did meet with our medical contract people, and I don't have 17 good news there. I think we will go over our cap on that 18 contract again. They did change doctors this last week. We 19 have a new doctor that will be doing a lot of the jail stuff. 20 He has correctional experience, whether it be federal 21 corrections and state corrections, and county corrections in 22 another state. So -- used to be a family doctor here, left 23 and came back, and I think he will give us a great 24 improvement on that to get a better handle on it next year. 25 We've had three or four meetings in the last few weeks with 9-13-10 98 1 the -- with C.H.M. over that, but I think this year we're 2 going to go over. The report I had the other day was we had 3 2,000 left in that cap, and you can bet that's probably 4 July's bills. So, it may be a significant intake. 5 The other thing is, just in preparation -- and this 6 is a comment from me, and in gathering -- what I've seen with 7 my employees. As we know, I have the -- most of the 8 employees that could stand to lose, depending on how this 9 budget is worked out with the Commissioners and with the 10 county. I've got 96 employees out there. The issue I got, I 11 hope that this does get resolved. My employees' morale is 12 probably about a zero right now. I had three questions 13 before I even came over here this morning as to whether this 14 employee or that one was going to have a job, and were they 15 going to be unemployed around Christmastime or right after 16 Christmas. I have some that -- some, for their own personal, 17 you know, problems that they have had filed bankruptcy in the 18 past, which could reschedule all that. Some that are right 19 at the poverty level anyhow. And I think, you know, the 20 article in the paper even this weekend showed that. 21 And the comment I have on that, Commissioners, and 22 I'll restate it tomorrow if I need to, I know that there's a 23 lot of -- a lot of things against a tax increase. But, you 24 know, what I've seen and looking at it, it's the two words; 25 it's "tax increase." If y'all had the capability of doing a 9-13-10 99 1 fee increase, like our compadres did, where mine are going up 2 at my residence here over 20 bucks a month, which is about 3 over -- over $200 to $250 a year increase, okay? To me, 4 that's the same thing as a tax increase. To me, it was just 5 called a fee so they didn't get any objections from it. And 6 when they give end of the year raises, it's different than 7 giving a raise in next year's budget, I guess, 'cause they 8 didn't catch anything from that either. And we've got a lot 9 of very dedicated employees in this county, and I -- you 10 know, some of these fees, or some of these county-sponsored 11 things that we give, such as -- and I'll be the first one to 12 say it -- the library that serves a few, and you got county 13 employees that serve every citizen in this county. I think 14 some of those kind of county-sponsored things ought to be 15 seriously considered before the status of our employees are. 16 We'll see what happens tomorrow. I know from the employees' 17 standpoint, we'd all appreciate everything that y'all can do. 18 COMMISSIONER OEHLER: I have a question for you. 19 Is the jail population up a little bit because the 198th is 20 not doing e-file like they -- or direct file like they came 21 in here and lobbied for? 22 SHERIFF HIERHOLZER: Not in my opinion. The 198th 23 may not be doing exactly how they had it lobbied, and I 24 couldn't even get into the specifics. I know the 198th is 25 moving inmates through that jail. It's taking a little bit 9-13-10 100 1 longer to get them into T.D.C. right now. If what happens -- 2 what Linda said happens with the pin packs, that's going to 3 be disastrous to the jail population, because we have to get 4 the pin packs and mail them first, and then T.D.C. tells us, 5 "Okay, you can bring them on these reservation dates," you 6 know, and that will offset that bad. But what I have seen is 7 both courts are extremely busy. If you look at the grand 8 jury reports from the last couple of months in either court, 9 economic times are hitting people on the street. And, 10 unfortunately, as you know, what we've said in that, economic 11 times -- hard economic times make our business, especially in 12 the criminal part -- and I know Linda sees it more in the 13 civil. We're doing more civil business, but the criminal 14 part is jumping drastically. Rob can probably show you some 15 of that with the County Court cases. And it's just -- 16 it's -- you know, and that's the other part. 17 When it comes to cutting employees, you're -- we're 18 asking for -- and I've looked and looked, and there's been 19 some sleepless nights, of where I could cut. And if I cut 20 one, it's going to add so much duties on another one that -- 21 that then you're just -- you know, it's -- it's not there. 22 And I know Jannett's the same way; I know different -- 23 different departments. Buster said a while ago, are we 24 talking about Juvenile Detention adequately -- you know, do 25 you have the adequate number of personnel, or do you have 9-13-10 101 1 what the state requires? Well, there can be a big difference 2 in that. And to be able to do the job adequately, there's 3 not a department in this county, I don't think, that has the 4 adequate number of personnel. Not when you compare us with 5 where we were. And the tax rate for the county is already a 6 whole lot less than the tax rate for the city. But I just -- 7 our population -- all the courts are more busy. When you 8 look at that, I don't see it getting any better. I see it 9 getting worse. 10 COMMISSIONER BALDWIN: You're going to like your 11 new doctor. 12 SHERIFF HIERHOLZER: I think so. I really do. 13 COMMISSIONER BALDWIN: Yeah, you will. 14 JUDGE TINLEY: Any other -- yes, ma'am? 15 MS. HARGIS: I have a couple things. I pulled up 16 the internet this morning and looked at the sales tax, and 17 Commissioner Baldwin was there. We are down. Not a lot; 18 2,000 from last year, but about 25,000 from '08. So, it's 19 still not -- still not coming up. You know, we had that 20 little bump last month of about $12,000, which got me 21 excited, but that was a quarterly statement. So, we're still 22 riding those '06 levels, so we're -- we have one more coming 23 for the month of September that will actually show as part of 24 our revenue for last year; we'll accrue it back. But sales 25 tax is still holding at the 2006 levels, and with that 9-13-10 102 1 regard, I just wanted to kind of inform you, the Treasurer 2 and I have worked on a draft of a letter that we're going to 3 send out to all the department heads. As you may recall, 4 about a year or so ago, the question came up as to whether or 5 not the different fee offices had to have the money to the 6 Treasurer within 30 days of the time they got their deposits. 7 I've reread that legislation, and it says the 8 Commissioners Court "may." And with the tight situation -- 9 money situation that we have, some of our fee offices don't 10 get them to you. Today I heard more reports being submitted 11 than I've heard, but I do think people understand that we are 12 sending out this letter. And I'm not asking it as, you know, 13 "will they" get it there. I'm mandating that they will have 14 these reports done. They get their bank statements; they can 15 pull them down online. They're not getting them to you guys. 16 The County Clerk's office has been kind enough now to delete 17 their sweep account, because we weren't making any interest 18 on it, because they were holding their funds for that. But 19 we need all the fee offices to have their reports and their 20 -- in to the County Treasurer's office by the 5th of the 21 month. Otherwise, we're going to have a cash flow problem. 22 And, you know, I can't stress that enough. 23 And having been at a seminar on Friday, I've been 24 trying to rethink the definition, and some of you have 25 questioned the definition of "reserves." And accountants 9-13-10 103 1 tend to use the word "reserve" for the cash left over at the 2 end of the year, but I think that's confusing to y'all, so I 3 think what you need to -- I think what you're asking for is 4 my cash -- my cash in the bank. It's not -- we refer to it 5 as a reserve, but it's generally cash. So, it's a cash flow 6 problem; it's not a reserve problem. There is -- the 7 definition of reserve, if you get to looking at it in the 8 textbooks, is the same as contingency. We already budget a 9 contingency line item, so "reserve" and "contingency" to me 10 are really not the same item. But the way we list it in our 11 financial statements, it's called reserve. So, to most 12 accountants, cash left over at the end of the year is called 13 your reserve, 'cause it's what's left. There is no emergency 14 required for that. I've got copies of that definition for 15 y'all. It is used -- if you budget the reserve, or you 16 budget contingency, yes, then we would have had to come back 17 for an emergency. 18 I'm not sure what to do this next year if we began 19 to run out of cash, whether we close the courthouse and 20 things of that nature. So, it's something we need to think 21 about. I've not -- but just like Buster said, once you -- 22 you get a budget for your expenditures, that's your budget. 23 Now, if I'm not seeing the cash come in, there's nothing that 24 I can find, and I've researched several different times, as 25 to do I raise my hand -- and in some of the counties, they 9-13-10 104 1 say, you know, "We don't have it; we quit." You know, you 2 can't -- we can't fund it. So, we need to decide in this 3 budget, if we're going to have such a tight budget, what are 4 we going to do as a team -- what do we need to do, and what 5 are the precautionary steps we need to take? Because I don't 6 want to approve a budget that I know I'm not going to be able 7 to sustain. And what do you want me to do? Because I don't 8 want to stand up here and, you know, have bullets shot at me 9 three months later that says, hey, we can't -- we're done. 10 We're done. But you all want me to go along month by month, 11 so month by month, I'm going to say we can either keep the 12 courthouse open or we got to shut it. And that's where we 13 need to be, because the next three months are going to be 14 really tight. 15 The other thing I did, having been out on Friday, 16 and again, thinking about all this stuff again over the 17 weekend, I looked back in my ledger. And I wasn't here in 18 '03-'04 or '05-'06. We had a deficit balance; then all of a 19 sudden, it popped up. I don't know how that happened; I 20 can't really tell. But I guarantee you, you didn't know 21 about it. I don't want to be in that position. Now, maybe 22 you want to shoot me because I am telling you. I'm -- I like 23 for you to know what I know. And so I feel like I'm almost 24 being shot as the messenger by saying to you for the first 25 time, we don't have enough cash in the bank and it bothers 9-13-10 105 1 me. And whether that be right or wrong, that's where I'm at. 2 So, if I find something wrong, I come and tell you. Now, I 3 don't necessarily know what the answer is, because sometimes 4 I have to depend on y'all. But I need you to think about 5 that. You have been in this position before, but you haven't 6 been informed, so now I'm informing you. Do I let you go 7 down to where you don't have any money in the bank and then 8 tell you? I don't think that's a good idea. So -- 9 COMMISSIONER LETZ: How -- you said in 2003-2004, 10 we had a negative. How did we operate if we didn't have any 11 money? 12 MS. HARGIS: I don't know. You know, the problem 13 is when I go back to that year -- well, because of pooled 14 cash. And that -- that is kind of a problem. Most -- most 15 entities do that. I mean, what happens in pooled cash is 16 that we only have one checking account, but the software 17 allows you to separate all the funds out and give them a cash 18 balance, what's actually in that particular fund. But since 19 you only have one bank account and one pool of cash, you have 20 money in the bank to use, so you're basically borrowing from 21 yourself. In years past, when we had all these different 22 checking accounts, we have had what we call do-tos and 23 do-froms. You would borrow from yourself. Well, under the 24 GASB rules, they said you can't do that any more. We don't 25 want any more borrowing, because what was happening is that 9-13-10 106 1 the governments weren't paying themselves back in the right 2 funds, and then they found themselves in kind of a bind, 3 especially borrowing from debt service or borrowing from 4 capital. So, basically, we have more money in the bank than 5 what we have in our general fund, but my caution to you is, 6 we don't want to use the money that doesn't belong to the 7 general fund, because then you're basically borrowing from 8 what is a reserved cash account, which is illegal. 9 JUDGE TINLEY: Without knowing it. 10 MS. HARGIS: Without knowing it. You know, and 11 that's very easy to do. And, you know, I'm going to have to 12 watch, and have been watching that cash balance almost on a 13 daily basis. Now, that is not my job. That's the 14 Treasurer's job. It's kind of a disconnected comptroller's 15 position that I hold, because I don't have the whole set of 16 books. I don't see that cash come in on a daily basis. She 17 doesn't report to me, so I'm kind of left out there hanging. 18 So the only way I can do it is I'm going to check on a daily 19 basis, and on a daily basis, I'm going to let you know we got 20 a problem. But I do want you to understand that it's very 21 possible that we're going to go down to zero, and at that 22 point, I'm not going to make the decision to pull from the 23 capital account. You're going to make that decision. 24 COMMISSIONER OEHLER: As we should. 25 MS. HARGIS: So that's kind of where I'm at. It's 9-13-10 107 1 something I want you to think about. I did want to clarify 2 that. I thought about going through an exercise to clarify 3 terms and terminology for you, but it may confuse you even 4 more. Because, unfortunately, I've done it for so long, it's 5 common to me, but it's not common to everybody else. But 6 just food for thought. Just food for thought. If do you 7 have questions, please feel free to come by my office. I'll 8 be glad to try to explain that. I've done some samples that 9 I'll be glad to pull up for any of you. 10 JUDGE TINLEY: Thank you. Anybody else? Eva? 11 COMMISSIONER OEHLER: More propaganda. Stapled in 12 the left hand corner? 13 MS. HYDE: Yeah, I didn't staple them. There's 14 six. Throughout -- throughout the year since January, we've 15 been talking about insurance and the changes in insurance. 16 Here's the first rules that have come down through 17 regulations that are in black and white. I can give you more 18 information if you want. If you would just circle Items and 19 Services, that's the important part. Don't get bogged down 20 with the grandfathered; you guys have already decided and 21 understand that the grandfathering has changed. At first it 22 was a great thing, the greatest thing since sliced bread, and 23 now we understand that the grandfathering just makes you old, 24 so it's not a good thing any more. Under the items and 25 services, here's some good news. All of the items and 9-13-10 108 1 services that are required by the legislation and by the new 2 regulations, we already have covered within our health plan, 3 and has been for the last two years. 4 So, some of the preemptive that we've attempted to 5 do actually may pay off a little bit. Because when you look 6 at the child care, especially with regards to infants, 7 children and -- and the adolescents, although it increased 8 our cost a little bit last year, they don't need the same 9 shots every year. They don't need the same preventive health 10 care every year. You get them as -- as newborns, and you 11 work them through the process, and it actually helps to 12 decrease your cost for those children over the long run. 13 With respect to women -- I was concerned because there is no 14 men on here. It should also say men. But they have not 15 clarified on some of y'all's special tests that you need on 16 an annual basis, especially as you get to certain age 17 brackets. The mature adolescents need a lot more preventive 18 health care on an annual basis, but we already have those in 19 there. So, the female and the male legislation and 20 regulations that's coming through, it's already in there as 21 well, if we could just get everybody to do them. Things like 22 your PSA's, your mammograms, things like that. 23 COMMISSIONER BALDWIN: Our mammograms? 24 SHERIFF HIERHOLZER: Yours, Buster. 25 COMMISSIONER BALDWIN: Mine? (Laughter.) 9-13-10 109 1 COMMISSIONER OEHLER: There is such a thing, I 2 understand. 3 SHERIFF HIERHOLZER: Yeah. 4 MS. HYDE: The concern is under -- under the items 5 and services, on the office visits and special rules. With 6 our -- with our local physicians, they're also struggling 7 with this right now, even though it is clear-cut, and it says 8 that it's clear-cut. It's not. What -- what is part of your 9 office visit? They're being mandated now to declare what is 10 a true office visit, what's not an office visit. So, it 11 could increase some costs for the employees as they go in. 12 COMMISSIONER OEHLER: That big checklist on there. 13 MS. HYDE: Yeah, it's a huge checklist. 14 COMMISSIONER OEHLER: Pretty much says exactly what 15 they did by code. 16 MS. HYDE: We used to go in and get the bill, and 17 they'd have all those codes on it. Now they have anywhere 18 from 100 to 200 pages of new codes that they're having to put 19 in place, so our billing's going to look different. And, 20 really -- really, that's it. I thought that we could use a 21 little bit of good news. 22 COMMISSIONER WILLIAMS: Thank you. 23 COMMISSIONER OEHLER: Yes. 24 MR. HENNEKE: I'm pleased to announce that 25 Jerrielee Rust has joined the County Attorney's office as the 9-13-10 110 1 legal assistant, and whenever everybody has a chance, I hope 2 that y'all will welcome her. She's come over from another 3 attorney's law practice, and looking forward to working with 4 her. 5 COMMISSIONER WILLIAMS: That put you up to speed? 6 MR. HENNEKE: I'm sorry? 7 COMMISSIONER WILLIAMS: Puts you up to speed? 8 MR. HENNEKE: Yes, sir. 9 JUDGE TINLEY: Anything else? We will be in recess 10 until 10 o'clock in the morning. 11 (Commissioners Court recessed at 11:45 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 17th day of September, 21 2010. 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 9-13-10