1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 25, 2011 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 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X April 25, 2011 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Public Hearing concerning revision of plat for Lot 25 in Ingram Hills Subdivision, Pct. 4 6 5 1.3 Consider/discuss, take appropriate action for 6 final approval concerning revision of plat for Lot 25 in Ingram Hills Subdivision, Pct. 4 7 7 1.2 Consider/discuss, take appropriate action on 8 violation of settlement with Amy Tuma and Hatari Safari 8, 9 73 1.6 Consider/discuss, take appropriate action 10 regarding DPS secretary, to include additional duties, responsibilities, and/or any other 11 duties requested by Commissioners and/or J.P.'s 25, 71 12 5.2 Reports from Elected Officials/Department Heads - Kerr County Audit report 33 13 1.4 Consider/discuss, take appropriate action to 14 approve a proclamation to declare May 5, 2011, "National Day of Prayer" 48 15 1.5 Consider/discuss, take appropriate action to 16 accept audit report on Kerr County Elections Dept. 48 17 1.7 Consider/discuss, take appropriate action for use of caution signs "Narrow Bridge Ahead" to be 18 installed on north and south side of Center Point Crossing Street Bridge 52 19 1.8 Consider/discuss, take appropriate action to 20 approve use of Flat Rock Lake Park from 8 a.m. to 12 p.m. on June 4th for Kids Fishing Derby event 21 sponsored by the First United Methodist Church 55 22 1.9 Consider/discuss, take appropriate action on list for TxDOT concerning Kerr County and Kerrville 23 roadway priorities for FY 2015 and beyond 57 24 1.10 Consider/discuss, take appropriate action on proposed interlocal agreements with City of 25 Kerrville for various services and/or operations 61 3 1 I N D E X (Continued) April 25, 2011 2 PAGE 3 1.11 Consider/discuss, take appropriate action regarding employee notification of enrollment in 4 Kerr County Health Insurance Humana Plan due to eligibility audit completion 66 5 1.12 Consider/discuss, take appropriate action to 6 sign lease for Ingram Annex office 69 7 1.13 Consider/discuss, take appropriate action to approve Kerr County Policy and Procedures for 8 Kerr County Fitness Center 74 9 4.1 Pay Bills 93 4.2 Budget Amendments 95 10 4.3 Late Bills 103 4.4 Approve and Accept Monthly Reports 103 11 5.1 Reports from Commissioners/Liaison Committee 12 Assignments 104 5.2 Reports from Elected Officials/Department Heads 105 13 1.14 Consider/discuss, take appropriate action, 14 including conferring with County Attorney, regarding Texas Property Code Chapter 21 15 proceedings involving Arrowhead Road (Executive Session) --- 16 1.15 Consider/discuss, take appropriate action 17 regarding possible sale of real estate in Ingram and costs related thereto (Executive Session) --- 18 3.1 Action as may be required on matters discussed 19 in Executive Session: Item 1.14 - Arrowhead Road issue 109 20 Item 1.15 - Sale of real estate issue 110 21 --- Adjourned 110 22 23 24 25 4 1 On Monday, April 25, 2011, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, April 25, 2011, at 9 a.m. It's a bit 11 past that time now. Commissioner Overby? 12 COMMISSIONER OVERBY: Yes. Let's stand for a word 13 of prayer, followed by the pledge of allegiance. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or audience that wishes to be heard 17 on any matter which is not a listed agenda item, this is your 18 opportunity to come forward and tell us what's on your mind. 19 If you wish to be heard on an agenda item, we'd ask that you 20 wait until we get to that agenda item, and we'd also prefer 21 that you fill out a participation form. There should be some 22 located at the rear of the room. If, for some reason, there 23 are no forms back there or you just haven't filled one out 24 and you wish to be heard on an agenda item, when we get to 25 that item, if you'll get my attention in some manner, I'll 4-25-11 5 1 see that you have the opportunity to be heard. But right 2 now, if there's any member -- any member of the audience or 3 public that wishes to be heard on any matter which is not a 4 listed agenda item, this is your opportunity to come forward 5 and be heard. Seeing no one coming forward, we will move on. 6 Commissioner Overby, do you have anything for us this 7 morning? 8 COMMISSIONER OVERBY: I just had a great weekend 9 with family. I was telling some of the folks that were 10 coming in, my son was home from Hardin-Simmons this weekend. 11 He called me back last night and said, "Dad, two inches of 12 rain in Abilene" when he got back. Good to hear the rain's 13 starting to fall out in west Texas. We'll keep trying; we'll 14 get some rain down in our part of the country. But 15 otherwise, had a great weekend. Good to see all the churches 16 filled this weekend as well. 17 JUDGE TINLEY: Anything else? 18 COMMISSIONER OVERBY: That's it. 19 JUDGE TINLEY: Commissioner Letz? 20 COMMISSIONER LETZ: I don't have a whole lot to 21 add. Great weekend, and tomorrow morning, for those that 22 don't know on the Court, the Judge and I have a meeting with 23 our counterparts from the City to try and work out something. 24 So, anyone that has any great wisdom to pass on to us, let 25 us -- let us know. We'll probably come back to the Court at 4-25-11 6 1 our next meeting with some sort of a new set of agreements. 2 COMMISSIONER OEHLER: That would be interesting. 3 JUDGE TINLEY: Commissioner Oehler? 4 COMMISSIONER OEHLER: No. 5 JUDGE TINLEY: Commissioner Baldwin? 6 COMMISSIONER BALDWIN: No, sir. Thank you. 7 JUDGE TINLEY: Good gracious alive. 8 COMMISSIONER BALDWIN: I'm in prayer and fasting 9 for y'all's meeting. 10 JUDGE TINLEY: I see. 11 COMMISSIONER BALDWIN: And the fast is over a 12 little before 12:00. 13 JUDGE TINLEY: Well, I guess the $64 question is, 14 is Buzzie's going to be open today? 15 COMMISSIONER BALDWIN: No, sir. 16 JUDGE TINLEY: Okay. Let's move on with our 17 agenda, then. The first item on the agenda; at this time, I 18 will recess the Commissioners Court meeting and convene a 19 public hearing concerning the revision of plat for Lot 25 in 20 Ingram Hills Subdivision, located in Precinct 4. 21 (The regular Commissioners Court meeting was closed at 9:08 a.m., and a public hearing was held in open 22 court, as follows:) 23 P U B L I C H E A R I N G 24 JUDGE TINLEY: Is there any member of the public or 25 audience that wishes to be heard with respect to the revision 4-25-11 7 1 of plat for Lot 25 in Ingram Hills subdivision located in 2 Precinct 4? Seeing no one coming forward, I will close the 3 public hearing concerning the revision of plat for Lot 25 in 4 Ingram Hills Subdivision, and reconvene the Commissioners 5 Court hearing. 6 (The public hearing was concluded at 9:08 a.m., and the regular Commissioners Court meeting was 7 reopened.) 8 - - - - - - - - - - 9 JUDGE TINLEY: And I will go to Item 3; to 10 consider, discuss, and take appropriate action for the final 11 approval concerning the revision of plat for Lot 25 in Ingram 12 Hills Subdivision located in Precinct 4. Mr. Odom? 13 MR. ODOM: Yes. Good morning, Judge. Mr. Hardy 14 owns Lot 25 in Ingram Hills Subdivision, and the lot is 12.81 15 acres. Mr. Hardy would like to divide the said 12.81 acres 16 into four parts. We have gone over this in a preliminary. 17 There was one problem, was to show the water easement. That 18 has been shown. So, at this time, we'd ask the Court for 19 their final approval of the revision of plat for Lot 25 in 20 Ingram Hills, Precinct 4. 21 COMMISSIONER OEHLER: This has been going on a long 22 time. I move approval. 23 COMMISSIONER BALDWIN: Second. 24 COMMISSIONER LETZ: Second -- third. 25 JUDGE TINLEY: Motion made and seconded for 4-25-11 8 1 approval of the agenda item. Question or discussion? All in 2 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. Let's go to 7 Item 2, our 9 o'clock timed item; to consider, discuss, and 8 take appropriate action on violation of settlement with Amy 9 Tuma and Hatari Safari. Ms. Tuma? If you'll come forward, 10 give us your address, please. 11 MS. TUMA: Hello. I haven't met you, Commissioner 12 Overby. You're kind of new to this. Just to give you a 13 little back story, we started fighting about six months ago 14 over the dangerous wild animals, and in December, with the 15 help of Commissioner Oehler, we came to a settlement. I 16 wasn't very happy with the settlement, but I felt like my 17 back was against the wall. My lawyer was leaving his firm, 18 and everybody just wanted this matter done and over with, so 19 I conceded and made some concessions; the County made some 20 concessions, and we signed a settlement agreement that would 21 let me continue doing what I'm doing and let me keep my 22 exotic animal education program going. Last Wednesday in 23 Austin, I had to fight Rob Henneke and Commissioner Oehler to 24 stop a bill that would completely shut me down and put me out 25 of business. The bill was so specifically directed at me 4-25-11 9 1 that the only thing missing from the bill was my name. 2 We talked about it over and over in the committee. 3 Rob kept referring to the -- "Kerr County feels this way." 4 Commissioner Oehler said he was there for himself; however, 5 he was wearing a Kerr County Commissioner's shirt, and Rob 6 referred to him as the Kerr County Commissioner about five 7 times. It's all online; you can look it up, watch the tapes. 8 Representative Larson was one of the members that was on the 9 actual panel itself. He was passing his own exemptions on 10 the dangerous wild animals, so he feels completely opposite 11 of how I feel on the dangerous wild animals. And his comment 12 -- I don't want to misquote him, so I'm trying to pull it up 13 directly -- was that there was no doubt in his mind that this 14 is a local issue that's trying to be mandated at state level, 15 and that the bill would be killed. 16 So, my question to the County Commissioners today 17 is, how do you, in good conscience and in good faith, sign an 18 agreement and then turn around and slap me in the face almost 19 30 days later by trying to completely shut me down? I don't 20 feel it's right, and I feel that the County needs to 21 investigate charges of public oppression. Because if you 22 look at the witness list, there was a big-money family 23 involved that came with Rob Henneke and Bruce Oehler. I 24 don't feel it's right, and I think the County needs to 25 address this and remove both of them, and get the dangerous 4-25-11 10 1 wild animals running the way it should again. 2 COMMISSIONER LETZ: My only comment is, I think you 3 should talk to Representative Hilderbran. I believe he 4 sponsored the bill. 5 MS. TUMA: Representative Hilderbran said the bill 6 was brought to him and authored with the help of Rob Henneke. 7 COMMISSIONER LETZ: That could be, but 8 Representative Hilderbran sponsored the bill. 9 MS. TUMA: Right. 10 COMMISSIONER LETZ: As I understand it. 11 MS. TUMA: With the help of Rob Henneke, is what he 12 has told everyone and said outside of the committee. And 13 both these gentlemen signed the settlement agreement with me. 14 They conceded to some things; I conceded to some things. I 15 was supposed to be able to keep running. And had this bill 16 passed, they would have completely undermined our entire 17 settlement and shut me down. 18 COMMISSIONER OEHLER: That's your interpretation of 19 it. 20 MS. TUMA: I don't see how you can see it any other 21 way. 22 COMMISSIONER OEHLER: I believe the bill was 23 written basically on what the agreement was between you and 24 Kerr County in the mediation. I don't know that anything 25 much would have changed. 4-25-11 11 1 MS. TUMA: I don't see how you can tell me that you 2 didn't understand what I was doing. And, you know, as long 3 as I did this and this and this, then, okay, I could keep 4 running. And then you turn around and go and say you support 5 a bill that completely shuts me down. 6 COMMISSIONER OEHLER: I don't believe that. That's 7 -- the bill, I don't believe, stated anything differently 8 than your -- basically what you agreed to in mediation. 9 It's -- your interpretation and mine are different. And I 10 think if you review my testimony on what I said, yes, I was 11 in favor it, but I knew the bill wasn't going to pass in its 12 present form. There was no way. But I still had to support 13 it, because it basically says the same thing you agreed to. 14 MS. TUMA: But it doesn't, because I agreed to keep 15 running -- as long as I got my insurance, I did this and I 16 did that, I got to keep running. I got to keep my animals, 17 and I got to keep my exotic animal sanctuary. 18 COMMISSIONER OEHLER: You still -- 19 MS. TUMA: But if that bill passes, it would 20 completely shut me down. 21 COMMISSIONER OEHLER: Well -- 22 MS. TUMA: The original bill had no grandfather 23 clause. I was -- it said I had to have two acres for every 24 animal. And you know I have six animals. 25 COMMISSIONER OEHLER: That was also the preliminary 4-25-11 12 1 version of the bill, and the bill is dead. So, what is -- I 2 mean, if it's not moving, if it's pending, then what 3 violation do you think that I did, that I broke the law? 4 MS. TUMA: It's a slap in the face to me. You came 5 and you said, okay, we want to work this out. We want to -- 6 if you give us this and you give us that, then, okay, you can 7 keep doing what you're doing. And to me, it's like the 8 County had its fingers crossed. Okay, we're just going to 9 agree with you just so that we can turn around and change the 10 state law 30 days later? 11 COMMISSIONER OEHLER: It didn't change. The fact 12 is, it didn't change. Right? 13 MS. TUMA: Because we stopped it. We proved it, 14 and we proved to even -- 15 COMMISSIONER OEHLER: There were more than just you 16 that fought against the bill. 17 MS. TUMA: Sure. 18 COMMISSIONER OEHLER: There was a whole room full 19 of people. 20 MS. TUMA: Sure. 21 COMMISSIONER OEHLER: And there were more in favor 22 of killing the bill. 23 MS. TUMA: And that bill was directed at me. Every 24 single person there saw that that bill was tailored to shut 25 me down. And, unfortunately, it was affecting four or five 4-25-11 13 1 other shelters because of the way the wording was so bad. 2 COMMISSIONER LETZ: I think -- I mean, to me, we 3 need to move on on this. We can talk about it all day, but 4 the comment I made to Representative Hilderbran -- I didn't 5 talk to the County Attorney or Commissioner Oehler about it 6 that much, but the other option is for -- and this -- the 7 bill -- one of the bills was to allow wild animals to remain 8 just under the current law. That was the original intent 9 that I talked to commissioner -- or Representative Hilderbran 10 about. The option we have is to follow current state law. 11 MS. TUMA: Right. 12 COMMISSIONER LETZ: And we're getting closer and 13 closer to doing that, in my mind. My vote has probably 14 shifted to doing that, and that current state law will 15 eliminate all of them in Kerr County, period. So, I mean, 16 without -- I would recommend that everyone in this room that 17 wants wild animals remaining like you have in Kerr County 18 ought to get with the Legislature pretty quick and try to 19 work something out that makes the current law better, because 20 the current law is not very good, and there is -- we only 21 have one other option. 22 MS. TUMA: Right. And I think that's -- everybody 23 has agreed that, you know, the bill isn't real -- written 24 very well. It was written in, what, 2001? The original bill 25 was? 4-25-11 14 1 COMMISSIONER LETZ: Right. 2 MS. TUMA: And we pretty much killed House Bill 3 251. We still have House Bill 1546 that changes some of the 4 exemptions and things like that. And then there's Senate 5 Bill 1958, I believe, and I'm already scheduled to speak on 6 that. 7 COMMISSIONER LETZ: My comment is what I said, is 8 that people that want wild animals in Kerr County better look 9 at doing something on the state law. 10 MS. TUMA: Right. 11 COMMISSIONER LETZ: Because the current law is not 12 good. And my view is that we probably -- you know, if we 13 can't find an alternative or some kind -- something that 14 works better for the county, I'm shifting more and more to 15 banning all of them under the current law. So, I think that 16 it's just -- I hope people can work it out, because I think 17 there's a value in it. I've always been a pretty strong 18 supporter of keeping these wild and dangerous animals under 19 certain circumstances with permits, but if we can't, you 20 know, come up with a better law for us to act under, we have 21 very little room to maneuver. 22 MS. TUMA: Right. 23 COMMISSIONER OEHLER: I believe that my testimony 24 stated that -- you know, that you had pointed out -- or 25 through the lawsuit had pointed out the deficiencies and the 4-25-11 15 1 defects in the law. 2 MS. TUMA: Yes. 3 COMMISSIONER OEHLER: And that's what I was -- 4 that's what my testimony was based on. 5 MS. TUMA: Yes, but you were sponsoring a bill that 6 shut me down. 7 COMMISSIONER OEHLER: I wasn't sponsoring a bill. 8 MS. TUMA: On every single -- you were not 9 sponsoring; you were there testifying for the bill, in 10 support of the bill. 11 COMMISSIONER OEHLER: You're correct. 12 MS. TUMA: And that is completely opposite of what 13 you were conveying to me how you felt when we signed our 14 settlement and when you signed the settlement. Like I said, 15 I feel like it was a total slap in the face. 16 COMMISSIONER OEHLER: Well -- 17 MS. TUMA: It's like, yeah, okay, I'll agree with 18 you today, because you're going to sign this and you're not 19 going to sue the county. But 30 days later, as soon as I get 20 a chance, I'm going to change my mind and shut you down? 21 COMMISSIONER OEHLER: That's not the case. I was 22 testifying to try to make a better bill. The bill was poorly 23 written, but it was being rewritten. And whatever comes out 24 of it, I think that y'all were well represented there. But 25 there's always two sides to every story. I just thought that 4-25-11 16 1 there was going to be a better bill that would take the -- 2 take those places out that were in controversy. And, you 3 know -- 4 MS. TUMA: But do you not agree that every point on 5 that bill was specifically directed at me and my facility? 6 COMMISSIONER OEHLER: No. 7 MS. TUMA: From the mileage, how far I have to be 8 away from a day care was 5 miles, and I'm 4.98 miles away 9 from a day care? 10 COMMISSIONER OEHLER: I had nothing to do with 11 that. That was purely Harvey's. I didn't help write one 12 word of that bill. 13 MS. TUMA: So, then, why wouldn't you go to them 14 and say, "Hey, you know what? We signed this agreement." I 15 agreed to get along with the county. You know, maybe we need 16 to change some wording before you go and completely support a 17 bill like that. 18 COMMISSIONER OEHLER: You and I have a different 19 opinion about things. And you're -- you're stating that I 20 went in -- I was trying to get a better bill to take the 21 loopholes out that you pointed out during the lawsuit. That 22 was what I was in support of, to get rid of the loopholes. 23 MS. TUMA: But none of those loopholes were really 24 covered under that bill. We were even told that the 25 insurance that you guys are making me carry is possibly 4-25-11 17 1 illegal. We had an insurance agent call us and say that any 2 county -- I'm not quite sure of the Texas law, but any Texas 3 law that requires you to use a company outside of the United 4 States is -- the county or the state can't make you do that. 5 And the only place to get the insurance that I agreed to do 6 with the county is from Lloyds of London. So -- 7 COMMISSIONER OEHLER: Those points I think will be 8 addressed in the near future. 9 JUDGE TINLEY: Ms. Tuma -- I'm sorry. 10 COMMISSIONER OEHLER: Go ahead. 11 JUDGE TINLEY: Ms. Tuma, you indicated that there's 12 a tape of this entire thing? 13 MS. TUMA: Yes. You can go online to the House of 14 Representatives, look up the date, which is Wednesday, the 15 13th, and it's under the Tourism Committee. And -- 16 JUDGE TINLEY: Under the what? 17 MS. TUMA: Tourism Committee. 18 JUDGE TINLEY: Okay. 19 MS. TUMA: Is the committee that it was on. And 20 you have to start at about hour -- I think it's, like, two 21 and a half hours in. One of the first issues that we had was 22 a cemetery issue; the archeological society was trying to 23 take over some gravesites, so they went on before us. But 24 the rest of it is online, and I encourage all of you to look 25 at it, because I think it's a real eye-opener. Because at 4-25-11 18 1 the end, Harvey says he should have known better than to get 2 involved in an animal issue, after being the former director 3 of the T.W.A. He should have known that this was a hot 4 topic. 5 JUDGE TINLEY: Did that -- I assume -- I haven't 6 seen the tape, obviously, but was there any disclosure as to 7 at whose suggestion or behest this bill was filed? 8 MS. TUMA: I believe when Harvey first talked about 9 it, the first person he introduced was Rob. And I can't -- I 10 don't want to quote him word-for-word, but he implied Rob had 11 helped author the bill, Harvey Hilderbran did. And Rob was 12 one of the first people that spoke after Harvey Hilderbran. 13 JUDGE TINLEY: And you indicated that there were 14 suggestions that Mr. Henneke and Mr. Oehler were there 15 representing Kerr County? 16 MS. TUMA: Yes. 17 JUDGE TINLEY: That that was the official position 18 of Kerr County? 19 MS. TUMA: That is what they implied, yes. 20 COMMISSIONER OEHLER: That is absolutely wrong. I 21 stood there and said this is my opinion. 22 MS. TUMA: Didn't you have anything else to wear? 23 Because he was wearing a Kerr County Commissioner's shirt. 24 COMMISSIONER OEHLER: So just 'cause I wear a 25 shirt, that means I'm speaking for Kerr County? I was there 4-25-11 19 1 on my own. 2 MS. TUMA: Did you -- was it laundry day? I mean, 3 did you have nothing else to wear but your Kerr County 4 Commissioner's shirt? 5 COMMISSIONER OEHLER: Well, you know what? That 6 was just what I wore that day. 7 MS. TUMA: I think that speaks a lot. 8 COMMISSIONER OEHLER: Well, that's your thought, 9 your opinion. But I have mine. 10 MS. TUMA: Okay. 11 COMMISSIONER OEHLER: But I stated in the very 12 beginning that this was my opinion; it had nothing do with 13 Kerr County's opinion. I made sure that I said that. 14 MS. TUMA: While wearing a Kerr County 15 Commissioner's shirt, as Rob referred to you as Kerr County 16 Commissioner -- I think we counted four or five times on the 17 tape. 18 COMMISSIONER LETZ: He is a Commissioner. 19 COMMISSIONER OEHLER: I am. 20 MS. TUMA: Sure. But he was speaking on behalf of 21 the Commissioners, is what Rob was implying. 22 COMMISSIONER OEHLER: That is wrong. That is 23 absolutely false. I was speaking on my own behalf; as a 24 county commissioner, but on my own behalf. I did not 25 reference the Court one time. 4-25-11 20 1 MS. TUMA: And it will also be interesting if you 2 guys pull up the witness testifying list that supported the 3 bill. 4 COMMISSIONER OEHLER: It will be interesting to 5 pull it up, and be sure and listen to their testimony too. 6 MS. TUMA: And I'm sure there's a lot of other 7 people that were there that have seen the thing that can tell 8 you some more. 9 JUDGE TINLEY: Any -- any questions from anybody on 10 the Court for Ms. Tuma? 11 COMMISSIONER BALDWIN: Are you kidding? 12 JUDGE TINLEY: Okay. I wanted to give you the 13 opportunity. 14 COMMISSIONER BALDWIN: No. 15 JUDGE TINLEY: We had a participation form filed. 16 Mr. Tuma, would you care to be heard on this? 17 MR. TUMA: I don't want to take up too much of your 18 time, 'cause Amy and Bruce are sitting there arguing, but the 19 whole discussion isn't really with Bruce. It's with Rob. 20 You made the settlement agreement. You made the decision to 21 settle, and you went to the state. You're the one that 22 caused all this, again. You're trying to undermine the 23 situation. They told you to back off. They told you to make 24 a settlement. And your punk ass goes up north and goes up 25 there and goes to the state house and tries to take us out 4-25-11 21 1 there. You're the problem. Bruce isn't the problem. Bruce 2 is just there supporting his own situation, just like he 3 said, his own position. You're not. You were there in a 4 position as the Kerr County Attorney. That's illegal. You 5 can't bust a settlement like that. If I did the same thing 6 to y'all, every one of you would sue me. Wouldn't you? It's 7 the truth, isn't it, Bruce? If I broke an agreement that I 8 made with you -- I'm asking you a personal question -- you'd 9 sue me, wouldn't you? 10 COMMISSIONER OEHLER: If you broke an agreement 11 with Kerr County, I think we would have to. 12 MR. TUMA: Exactly. Well, what do I do there? He 13 broke the agreement. I'm not saying you did. You were there 14 on your own behalf; I'll buy that totally. He's not. He 15 authored that bill to put us down again and cause me more 16 money, and all of you. The state department here -- I mean, 17 you're taking it from everybody. We're sitting there playing 18 games for stupid here. Again. I've got better things to do. 19 It's just not right. Rob is sitting here playing games with 20 all of our time and all of our money, and I've been saying 21 that from the beginning. That's what everything comes down 22 to, is me and Rob have a disagreement. It wasn't that I 23 didn't want to follow your laws. And I know you said that. 24 That's not what I said. Did I ever say that to you, 25 honestly? 4-25-11 22 1 COMMISSIONER OEHLER: You didn't say you wouldn't 2 follow the law. What I said was there were loopholes in the 3 law. 4 MR. TUMA: No, no, no, no. Between what I was 5 doing when I started, you said that the man can't follow your 6 laws, that I was doing wrong. And I never said that I didn't 7 want to follow your laws. I went to your paperwork; I opened 8 it. I said, okay, here it is. If you do not want to be part 9 of the county registration, these rules have to go through. 10 They have to build a corporation. They have to go through 11 all these steps to be exempt from dealing with him. That's 12 why they did that in the first place. Because I wasn't 13 trying to go around your law. I was trying to set a 14 situation up exactly like the state says to do it. I did 15 every step of it. And you sit there and sit there and 16 continuously let him step on my toes and spend our money. 17 And now he takes it to the state level. There was nothing 18 wrong with the original animal bills. There has been no 19 problem with any animals in the entire state of Texas. 20 Last year in Kendalia -- no, maybe not Kendalia. 21 One of those sanctuaries over there in San Antonio lost a 22 mountain lion. Did y'all hear about that? It run amok in 23 San Antonio, run through a bunch of houses and everything, 24 and they ended up throwing it back in the pen exactly where 25 it was before. Just like if it was a wild mountain lion that 4-25-11 23 1 came in between your house and my house, came up the canyon. 2 This has happened a hundred million times since the beginning 3 of life. Do you know what I'm saying? It's the same thing. 4 There's been no problems at all. Why do we have to rewrite 5 laws? Why do we have to keep changing it? I understand the 6 insurance clause, and I was behind you guys 100 percent. The 7 escaped clause is a good idea. I don't want to see anybody 8 get hurt by animals. But as long as they're in welded wire 9 cages and it's impossible for them to escape, we should have 10 been over this. Y'all came out to the house. Everybody -- 11 we had a mediator that cost us all money. Now, he did it 12 voluntarily, and I appreciate his time and efforts there to 13 save us some money. But then we turn around, and he -- there 14 he goes, and here we are in the middle of all this, and I'm 15 here having to talk to you again. I don't want to take up 16 your time, and I sure as hell don't want you guys taking up 17 my time. But it all boils down to him. Thank you, 18 gentlemen. Sorry for your time. 19 JUDGE TINLEY: Any questions for Mr. Tuma? Thank 20 you, sir. Anything else in connection with this particular 21 agenda item, gentlemen? Ms. Tuma? 22 MS. TUMA: Here's the witness list. And I think if 23 you find the individuals whose name -- 24 JUDGE TINLEY: Give them all to him. 25 MS. TUMA: Okay. It's on the top of the list. 4-25-11 24 1 JUDGE TINLEY: Yeah. 2 MS. TUMA: You might understand where my public 3 oppression and conspiracy comes in. 4 JUDGE TINLEY: Anything else, Ms. Tuma? Anything 5 else? 6 MS. TUMA: No, sir. 7 JUDGE TINLEY: Thank you. Anything else to be 8 brought forward in connection with this agenda item? 9 MR. HENNEKE: Judge, I'd note that we have not 10 gotten any demand letter. I checked with you last week. We 11 haven't received anything from their attorneys, or any demand 12 letter. You know, if we're talking about threatened 13 litigation, I think that they need to address that, you know, 14 through their attorneys with me. If we're talking about the 15 settlement agreement, Kerr County has absolutely complied 16 with the settlement agreement. They followed what they were 17 supposed to do. Kerr County issued the permits. They've got 18 the permits. You know, they're functioning under the terms 19 of the agreement, so there's -- if there's a breach, there 20 needs to be a demand. And, you know, we can address that, 21 not in this court, but through the proper process and 22 procedure. But to my recollection -- I've checked my office; 23 I've checked with you -- we've not received anything on that. 24 JUDGE TINLEY: Anything further? Let's move on to 25 our 9:30 timed item, Item 6; to consider, discuss, and take 4-25-11 25 1 appropriate action regarding D.P.S. secretary to include 2 additional duties, responsibilities, and/or any other duties 3 requested by Commissioners and/or Justice of the Peace, 4 Precincts 1, 2, 3, and 4. Sergeant Lalonde, good to have you 5 with us this morning. 6 SGT. LALONDE: Good morning. Good to see y'all 7 again. Mr. Overby, I want to say congratulations on your 8 appointment. We've haven't had the opportunity to meet, 9 so -- 10 COMMISSIONER OVERBY: Thank you. Appreciate you 11 being here. Look forward to hearing your presentation. 12 SGT. LALONDE: We ready, gentlemen? 13 JUDGE TINLEY: Absolutely. 14 SGT. LALONDE: Judge, I'm just asking that -- I 15 guess in one of the Commissioners Court meetings past, that 16 it was talked about the D.P.S. secretary inputting J.P. 17 tickets, and I guess I'm here for more clarification on what 18 do we need to do? I mean, it's easy to say input the 19 tickets, but there's a lot more to it, and I just -- I'm here 20 for -- to clarify that, or to understand it better. 21 JUDGE TINLEY: Well, Sergeant, as you and I 22 discussed, obviously, there's a -- it's -- there's a feeling 23 that there needs to be a need for coordination between the -- 24 the clerical personnel, the clerks in the J.P. courts and 25 this individual in your office, to make sure that there's 4-25-11 26 1 a -- there's maximum follow-through and so forth to -- so 2 that the degree to which the input can be accomplished, 3 that's done, and there won't be duplication on behalf of 4 the -- of the court clerks, and we've got a good coordination 5 there. My honest answer is, I'm not sure exactly what needs 6 to be done, because I'm not involved on a day-to-day basis 7 with that process. It occurs to me that a meeting of both 8 your admin and the J.P. court clerks and/or the J.P.'s needs 9 to be set up so that they can put their heads together and 10 see what's going to work best for all of them. And once they 11 do that, then we can solidify what can -- what needs to be 12 done. Of course, we can -- we can do so on the basis of job 13 description here today, to coordinate with the -- with the 14 J.P.'s offices and the personnel in the J.P.'s' offices to 15 insure the appropriate input of the violations that are 16 coming to each particular court. That may not be the exact 17 language, but it's pretty close, I would imagine. 18 COMMISSIONER LETZ: Judge, the only thing I would 19 add is that in that meeting, make sure that I.T. -- John 20 Trolinger's there, because the -- and I don't -- I'm kind of 21 like the Judge; I don't know the details of what's done and 22 how it's done. But if the information can be -- that the 23 J.P.'s need to track and do the fines and all that stuff can 24 be done at the D.P.S. office when it's inputted one time 25 there, that's the goal, to me, is to reduce the workload of 4-25-11 27 1 the J.P. clerks so they're not having anything -- and as I 2 understand it, it's being inputted at D.P.S. anyway. So, if 3 it can be inputted into the same system, or somehow -- you 4 know, that's where I.T. comes into it. That would be a huge 5 help, I think, if it's -- you know, help our clerks' 6 workload, if that makes sense. 7 SGT. LALONDE: It does. And, like I say, I'm -- 8 I'm here to help, you know, whatever we can do, but I just 9 want a clarification. 10 JUDGE TINLEY: Well, we appreciate your -- your 11 willingness to cooperate and do what you can to get this 12 done, because I think, overall, the operations and efficiency 13 will be increased, and that's -- that's what we're all 14 shooting for, I think. I guess at this point, we'll get the 15 -- get the various J.P.'s and your office together, and y'all 16 can set up a time to start hammering this together, and we'll 17 see exactly what needs to be done. Judge Billeiter, you had 18 a question or concern? 19 JUDGE BILLEITER: Just -- I've talked with Sergeant 20 Lalonde, and the main thing that we really wanted was for 21 Barbara to be able to enter the citations there. Since that 22 time, since I've talked -- I've also talked to Kendall 23 County. They have a different software than we do, but 24 they're able to -- when y'all write your tickets, they go to 25 Austin. Their software is set up where that -- they can log 4-25-11 28 1 on there, and those tickets will automatically be in their 2 system. I don't understand -- I would think that Odyssey 3 would be able to duplicate the same thing. I think they're 4 using Hill Country. But it appeared -- I would think Odyssey 5 would be competitive enough to be able to do the same thing. 6 So, in talking about a work schedule, I don't really know 7 that there's anything feasible that could be done, because 8 they don't know when they're going to need her. What we were 9 hoping for, possibly, was that if one of our clerks was out, 10 that she could fill in for them. But in talking to Sergeant 11 Lalonde, I don't see how that would work, 'cause they don't 12 know when they're going to need her. So, if we can get 13 software that would enable us to do what Kendall County's 14 going to be able to do, well, then we wouldn't need her to 15 even do that. 16 JUDGE TINLEY: Well, obviously, as Commissioner 17 Letz says, we need to get Mr. Trolinger involved in that -- 18 JUDGE BILLEITER: Right. 19 JUDGE TINLEY: -- in that equation. So -- 20 JUDGE BILLEITER: That's all we had, really. 21 JUDGE TINLEY: Or the complete solution. 22 SGT. LALONDE: So, I guess we can sit down. 23 JUDGE TINLEY: Keep hammering at it. 24 SGT. LALONDE: Yes, sir. 25 JUDGE BILLEITER: Thank you. 4-25-11 29 1 COMMISSIONER OEHLER: Judge Ragsdale had something 2 he wanted to add, too. 3 JUDGE RAGSDALE: I talked to Tyler Technologies a 4 couple weeks ago, unknown -- unbeknownst this was going on. 5 They told me that in September, they're introducing their 6 product that's comparable with everybody else's that's going 7 to automatically download the material. What happens, just 8 so you'll know -- I don't know if you care, but when D.P.S. 9 -- they all have the same ticket writers, so all their stuff 10 goes into a central databank when they download it to their 11 system. Each of these individual database companies that do 12 technology for counties has had to enter into an agreement 13 with D.P.S. to interface with their system, for security and 14 all that; they can't be hacked into. Tyler Technologies has 15 finally done it. It's in beta testing now. And, like I 16 said, in September, they anticipate that, like, Monday 17 mornings, our clerks will be able to download our tickets 18 from any D.P.S. trooper that's written a ticket in our 19 precinct and put it into the system. So, I don't know in the 20 interim how important this conversation is. 21 COMMISSIONER OEHLER: Let me ask a question. 22 Whenever y'all -- I mean, I have -- luckily, I haven't been 23 on the receiving end of one of your tickets in a while, so I 24 don't know. (Laughter.) But if you stop somebody, write 25 them a citation, you feed it into your computer, do you scan 4-25-11 30 1 their driver's license, or how does that work? 2 SGT. LALONDE: Yes, it can be scanned, or it's 3 typed in there. Once you type in a D.L. number or license 4 plate number, it pulls up that name. 5 COMMISSIONER OEHLER: Okay. 6 SGT. LALONDE: Or the license plate, who owns the 7 car. 8 COMMISSIONER OEHLER: And so you enter in at that 9 time when you -- like, after you've issued a ticket to 10 somebody, all that information goes into your computer in 11 your vehicle at the time? 12 SGT. LALONDE: Yes. 13 COMMISSIONER OEHLER: So it all automatically goes 14 straight to Austin? 15 SGT. LALONDE: It only goes -- 16 COMMISSIONER OEHLER: And we pull it out and 17 download it? 18 SGT. LALONDE: We sync -- we sync our computers. 19 We're supposed to do it twice a week, and once we sync, 20 that's where it goes to Austin. 21 COMMISSIONER OEHLER: Okay. 22 SGT. LALONDE: That information. 23 SHERIFF HIERHOLZER: Bruce, what the deal is, they 24 do not hand-write out tickets any more. 25 COMMISSIONER OEHLER: I understand. 4-25-11 31 1 SHERIFF HIERHOLZER: It's automatically on 2 computer. 3 COMMISSIONER OEHLER: I got one of those, too, but 4 not in Kerr County. 5 COMMISSIONER LETZ: Well, sounds like it's -- 6 JUDGE TINLEY: Sounds like it's in process. 7 COMMISSIONER LETZ: -- already being solved. 8 COMMISSIONER OVERBY: Yeah. 9 JUDGE TINLEY: John? Get with the sergeant and -- 10 and J.P.'s, see where -- if this thing can be synced up 11 sooner. If it can, fine. If not, if Tyler's coming out with 12 it and it's going to come to us as part of our -- our courts 13 package or law enforcement package, or both -- I'm not sure. 14 Of course, the down side is, are they going to stick us with 15 an additional fee? 16 MR. TROLINGER: The answer is no. 17 JUDGE RAGSDALE: Yeah -- sorry. Go ahead. 18 MR. TROLINGER: The answer is no; it's part of the 19 software maintenance release. We've been asking for it, and 20 I pushed a couple other counties to ask for it, so we'll get 21 this -- and I sent out a message to all the J.P.'s and told 22 them it's coming. It's -- it looks like the end of the year, 23 later, like December, I think, before we'll end up with it. 24 But I received recent communication that it's being pushed 25 ahead a little bit. So, I'm not sure about September. But 4-25-11 32 1 the bottom line on this whole data interface is, working with 2 D.P.S. on the input side is really going to save us some 3 time. But the individual clerks or -- or the D.P.S. clerk 4 actually has to go in and make some choices when they enter a 5 citation; it's just not as easy as downloading a thing and 6 taking it in the system, so there's some human interface 7 that's required. And I think by the D.P.S. office working 8 with each of the J.P. courts and learning their policy and 9 procedures for entering citations, it'll be a no-brainer that 10 the -- that Barbara can do the initial data entry and scan 11 the citation. I think it'll work out really well. 12 JUDGE TINLEY: Okay, thank you. 13 COMMISSIONER LETZ: Question, Judge. I have a 14 quick question. Is the information input by the officers, or 15 by Barbara? I mean, who inputs -- I mean, I guess if the 16 tickets are being inputted directly, you know, when you're 17 giving the citation -- 18 SGT. LALONDE: Barbara doesn't have anything to do 19 with the tickets, besides either mailing them or, you know, 20 getting them ready to send to the J.P.'s. 21 COMMISSIONER LETZ: Right, okay. So, she just -- 22 what she's doing is sending them to the proper J.P.'s, or 23 advising the J.P.'s that, hey, there's a ticket in your -- 24 SGT. LALONDE: Yes. 25 COMMISSIONER LETZ: -- precinct. Okay, thanks. 4-25-11 33 1 COMMISSIONER OVERBY: Thanks. 2 COMMISSIONER OEHLER: Thank you. 3 JUDGE TINLEY: Okay, I'm going to go out of order 4 here momentarily, now that we've got our immediate timed 5 items out of the way, to Section 5 of the agenda; 5.2, 6 reports from elected officials and department heads, for the 7 limited purpose of allowing Ms. Hargis to present our -- our 8 audit. Ms. Hargis? 9 MS. HARGIS: Good morning, gentlemen. I hope 10 everyone had a happy Easter. This morning, we have our 11 auditor here, Mr. Neffendorf, to present our 2010 audit, and 12 so I would turn the mic over to him, because he knows more 13 about it than I do. 14 MR. NEFFENDORF: Thank you. And I doubt that; I 15 don't think I know more than you do. But, anyway, good 16 morning. Like she said, I'm Keith Neffendorf with 17 Neffendorf, Knopp, Doss, and Company, and we did the annual 18 audit for the county of Kerr. And the report, to give you an 19 overview, the County's still in good financial shape. Of 20 course, like most other counties and local governments in 21 this area, the recession or the downturn was a little slower 22 getting here, so we saw a little bit of dropoff in most of 23 the fiscal year 2010 numbers. Most -- most entities didn't 24 have the revenues that they had in the past, downturn in 25 sales tax and a couple other items. But, hope -- overall, 4-25-11 34 1 most of them were still in good financial shape, just like 2 y'all. They carried some fund balance into this, and so 3 hopefully -- I think this year -- this coming year is also 4 going to be rough, especially when we don't know what's 5 coming down from the state. And from what I hear, most 6 counties are already crunching numbers, because the state 7 funding is going to be cut back. So, it's -- like one 8 Commissioner told me, it's like everything else. We send 9 them our money; they just give us mandates and give us no 10 money to implement them or enforce them. So, we shall see 11 what happens. 12 But, anyway, as far as the audit report, like I 13 said, it's a good financial report. As you recall, GASB 34 14 came out, and we have the two sets of financial statements. 15 One's what I call, like we used to see from for many years, 16 the governmental basis. And there's a second one, GASB 34, 17 where we convert to full accrual accounting, and to get your 18 financial statement to look like a business where you 19 actually have fixed assets, depreciation, long-term debt, 20 profit and loss, and net income for the county as a whole. 21 So, I will go through and hit the high points. If you have 22 any questions, you stop and ask me, or later if you have 23 some, give me a call. Of course, the whole point of the 24 audit -- after the index on Page 1, this is what the real 25 purpose of the audit is, is for an independent third party to 4-25-11 35 1 come in and give an opinion on y'all's financial statements. 2 Okay? That's really the purpose of the audit. 3 And this is what is -- the independent auditor's 4 report reflects that we came in, we did an audit of the 5 financial statements for the year ending September 30, 2010. 6 And then the third paragraph there, we state in our opinion, 7 the financial statements referred to above present fairly the 8 financial position of the county as of September 30th, 2010, 9 and the changes in financial position for the year then 10 ended. This is the standard auditor's clean opinion letter, 11 top of the line, best you can get, unqualified opinion. 12 After that, the next section, Management's Discussion and 13 Analysis, is a requirement of GASB 34. It's labeled 14 "unaudited." We're not required to give an audit opinion on 15 this. What it is is just a requirement of GASB; they wanted 16 the readers of financial statements of these governmental 17 entities, instead of having to look through the back part 18 detail of 20, 30 pages, it's to try to get a condensed 19 version and give narrative -- give a narrative summary and 20 financial high points in the management discussion and 21 analysis. So, that's its purpose. And it is real good for 22 readers, 'cause they can -- in four or five pages, they can 23 get a better overview than normally they can by looking at 24 the detail in the back 30 pages, and so I've been told that 25 they enjoy those more than reading the detail. But, anyway, 4-25-11 36 1 I'll give my own highlights. And we're not going to -- like 2 I say, we're not required to give an opinion on that. 3 First statement we give an opinion on is Page 10, 4 Statement of Net Assets. This is equivalent to a balance 5 sheet for the county as a whole. This is done on a GASB 34 6 basis, so it includes all your fixed assets that relates to 7 depreciation, all your long-term debt, and therefore, it's 8 similar to what a business enterprise can see. You can see 9 that the County's total assets, including all the capital 10 assets, is 62,312,000. The liabilities, including your 11 long-term debt, are 9,892,000. So, the net equity section, 12 net assets of 52 million, which this would be the equivalent 13 of a stockholders equity or retained earnings section. So, 14 you can see that the county is in good financial shape. Any 15 business would like the county's assets/liabilities ratio. 16 Pages 11 and 12 is the statement of activities. 17 This is the equivalent of an income statement. It's in a 18 format required by GASB 34, so it's a little bit different 19 than what you're used to seeing, income statement with your 20 income minus your expenses and net profit, but they come out 21 with the same number. You can see it starts out with 22 expenses across the top there by those functions. This 23 includes the depreciation. So, last year the county as a 24 whole had expenses of 26,762,000. Then you subtract off what 25 they call charges for services. This is all your fines, 4-25-11 37 1 fees, permits you collect. And then your operating grants 2 and contributions. This is moneys you receive from the state 3 and capital grants. You collected some money for Homeland 4 Security and a few other capital grants. Come up with your 5 net expenses, 21,344,000. Now, it's shown below in the 6 general revenues, property taxes for general debt service 7 purposes, about 15 million, sales tax, the other grants and 8 other investments, so you come up with a total of general 9 revenues of 23 million, so a net change or net income of 10 2,354,000. So, that increased your net assets from 47 to 52 11 million. 12 Pages 13 and 14 is the governmental balance sheet 13 for the governmental funds. And, like I said before, this is 14 done on the governmental basis. This is the basis of 15 accounting that your records are kept on, and that's what -- 16 the basis of accounting that you use to adopt your budget, 17 set your tax rate. And you can see the columns across the 18 top there, your major funds. Of course, your general fund, 19 Road and Bridge, capital projects, and then the total of your 20 other funds, and then total as a whole. You can see the 21 general fund still was in good shape. It had assets of 22 3,135,000, liabilities of 1,798,000, fund balance of 23 1,337,000. That's down a little bit, but it's still okay. 24 Same way, the Road and Bridge's fund balance is down 185,000. 25 So, the total of -- for the county as a whole on the 4-25-11 38 1 governmental basis still had the fund balance of 4,737,852. 2 The next page shows the reconciliation between the 3 governmental and GASB 34. Of course, the big item, of 4 course, is your capital assets. Recording the capital assets 5 minus the accumulated depreciation minus your long-term debt, 6 39 million. Then you add back your current year capital 7 outlays, long-term debt principal payments, subtract your 8 depreciation expense of 1,991,000. The other 9 reclassifications, of course, include this record of the 10 joint venture assets in the airport fund, and also 11 reclassification of those items from getting from modified 12 accrual to accrual basis. So, you come up with net assets 13 under GASB 34 of 52 million. 14 16 and 17 is the statement of revenues, 15 expenditures by those funds. And, like I said, this is on 16 the governmental basis, so this, again, is the basis that you 17 use to keep your records, adopt your budget, set your tax 18 rate. Last year, the general fund had revenues of 19 17,942,000, expenditures of 18,119,000, so it had a deficit 20 of 177,000. Road and Bridge is the same way. Your 21 expenditures exceeded the revenues by 134,000. Of course, 22 your capital projects, since you issued the bond, the note's 23 4.3 million. Expenditures, of course, are shown there as 24 part of that money was spent, 3.3 million. And then the 25 total for the county as a whole on the governmental basis, 4-25-11 39 1 revenues of 25 million, expenditures of 29 million, so a 2 deficit of 4 million. But then when you add back that the 3 capital bonds were issued, 4.3 million overall, you had a net 4 change positive of 472,000. Page 18 -- 5 COMMISSIONER LETZ: Wait. On that point -- 6 MR. NEFFENDORF: Sure. 7 COMMISSIONER LETZ: The 472,000 is partially 8 unexpended, or mostly unexpended out of the capital bond? 9 Or -- 10 MR. NEFFENDORF: Right. Like I said before, the 11 general fund and Road and Bridge, both had small deficits for 12 the year. 13 COMMISSIONER LETZ: Okay. 14 MR. NEFFENDORF: Governmental basis, you know, when 15 you issued the bonds -- you issue the bonds, you show the 16 other financing sources, so you got a big amount there. If 17 you don't spend all the bond proceeds in that year, you're 18 going to have a big... 19 COMMISSIONER LETZ: Yeah. 20 MR. NEFFENDORF: Yeah. 21 COMMISSIONER LETZ: That's where it is. 22 MR. NEFFENDORF: Kind of, yeah. That's where it is 23 on the governmental basis. So, you take that -- on the next 24 page, the reconciliation shows again how we get from 25 governmental to GASB. Start out with 472,000 governmental 4-25-11 40 1 change, and then you add back your current-year capital 2 outlays, long-term debt principal payments, subtract your 3 depreciation expense. Then you have your other 4 reclassifications from the modified accrual to accrual, 5 including recording of the net profit from the Airport Board, 6 and that comes up with your net change, then, under GASB 34 7 of 2,354,000. 8 Page 19 is just the summary of the fiduciary funds, 9 agency funds. This is the balances in the different agency 10 funds. It has to do with the -- all the offices and the 11 moneys they collect and hold until they're remitted over to 12 the Treasurer. Page 20 is the notes to the financial 13 statements. The first part of the notes is an explanation of 14 the use of the GASB 34 and government funds, which I've 15 already gone over. Notes, I'd like to point out, start over 16 on Page 26. On deposits and investments, the County has to 17 comply with the Public Funds Investment Act. And at the end 18 of the year, the County's deposits were secured either by 19 FDIC coverage and pledged security. And that the bottom part 20 of that note, we have to show the policies that are necessary 21 to comply with the Public Funds Investment Act. And under 22 each one of those, the County was in compliance with the 23 Public Funds Investment Act. 24 And the next page just shows the summary of the 25 temporary investments, showing the type of investment; money 4-25-11 41 1 market account, C.D.'s, and the TexPool, of course, and that 2 all these investments do qualify in accordance with the 3 Public Funds Investment Act. Of course, you know, TexPool is 4 not subject to -- or is not required to have FDIC insurance 5 or pledged securities, but they also -- but they have 6 built-in safeguards, and therefore they are in accordance 7 with the Public Funds Investment Act. Not paying much 8 interest, but they are still... (Laughter.) The next part of 9 the notes are just additional disclosures required by general 10 accepted accounting principles. They just give further 11 details of the front statements. There's really nothing 12 unusual in them. The Note 3D shows the capital assets, the 13 changes, the additions, the depreciation. 14 On Page 30, Note 3F just shows the long-term debt, 15 showing that you issued the tax notes Series 2010, and that 16 you retired $1,478,000 in long-term debt, and therefore you 17 met your -- your agreements according to the debt service 18 schedule, and that's what that note discloses. The other 19 notes, starting on Page 32 at the bottom of the page, 20 continuing on for the next couple pages. The County is a 21 member of the Texas County and District Retirement System, 22 and this information is given to us by them. The last year, 23 the County's portion for the retirement plan, the expense 24 amounted to $1,276,000. And then over on Page 34, it just 25 gives a summary. The -- the retirement system has annual 4-25-11 42 1 actuarial valuations done. The latest one was 12-31-09, and 2 the bottom of that page shows for y'all's county, showing 3 that the value of the assets down there for Kerr County were 4 24,176,000, liability of 28,771,000, so your funded ratio was 5 84.03 percent. And that's been the norm. Actually, it 6 dropped down another year when the hit was -- occurred in the 7 investment arena, so it's come back up. And it usually stays 8 in the 80 percent range, which most counties are in that 9 range. Some of them dropped down a little lower in the 70 10 percent range, but y'all never got that low. 11 But Page 35, the investment in joint venture there 12 is the Airport Board, showing the totals for assets, 13 liabilities, revenues, expenses. And then y'all have the 14 50 percent equity interest, and those assets, liabilities, 15 net assets, and the revenues/expenditures are now included in 16 y'all's financial statements of 50 percent. The other notes 17 I don't think are anything that we need to go over, except 18 for on Page 37 is the now infamous GASB 45, post-employment 19 benefits other than pension benefits, fondly known as OPEB. 20 But, anyway, that's a requirement that they now make us do a 21 calculation to calculate your retiree health cost and come up 22 with a number for expense in your financial statements and 23 accrual liability. And as that note discloses, none of it's 24 funded, so basically you're recording expense each year, 25 recording a liability, and that's the nature of that beast. 4-25-11 43 1 And it shows -- in the notes, it shows -- gives the amount 2 that's actually required to be contributed, what you actually 3 pay on the pay-as-you-go method, and then the liability 4 accrual. 5 Note on Page 40, Note 3N, we had to do some prior 6 period adjustments, booking the equity and the airport joint 7 venture, eliminating some deferred expense expenditures from 8 the self-insured health insurance plan, and we had booked a 9 special revenue fund that should have been in there last 10 year. That's the total of those prior period adjustments. 11 The supplemental statements, Page 41 is the budget-to-actual 12 for the general fund. Last year, the final amended budget 13 amendment for revenues was 18,739,000. Actually collected 14 17,942,000, so you're short 796,000. Of course, 308,000 was 15 in sales tax. Everybody knew that was coming. Expenditures, 16 the budgeted -- final budget, 18,641,000. You actually spent 17 18,119,000, so you're under budget by 522,000. So, overall, 18 you had planned an excess for the year of 97,000. You had a 19 deficit of 177,000, so you had an unfavorable variance of 20 274,000. But when -- by the time you look at -- when the 21 smoke clears, that 274,000, the sales tax was 308,000, so 22 other than that, you were pretty close on it. 23 Page 42, the Road and Bridge is the same way. You 24 had revenues, final amended budget, of 2,797,000. Actually 25 collected 2,659,000, so you're short 137,000. But on the 4-25-11 44 1 expenditure side, you budgeted, final amended, 2,916,000. 2 You actually spent 2,793,000, so you're under budget by 3 122,000. So, overall, you had planned a deficit of 119. It 4 was 134, so you had an unfavorable variance of 15,000. 5 Pretty close. Page 43 is just a disclosure required showing 6 the last six years on your retirement that I've already gone 7 over. As you can see, the funded ratio, you started out in 8 the 85 percent range, then 89. Then it dropped down to 82 9 when the crash hit in '08. Now it's come back up. 10 There are two supplemental letters in the back. Of 11 course, since you received over 500,000 in federal grants, we 12 got the joy of doing the single audit, so that always entails 13 a raft of letters, and that's what this packet is. And, 14 basically, what they say, the -- we had to do a test of 15 internal control over financial reporting. We found no major 16 weaknesses. We had a test for compliance with laws, 17 contracts, and grants. We found no instances of 18 noncompliance. Then the second letter, since y'all had a 19 single audit, you also now have to show compliance and 20 internal control with the Single Audit Act, and that letter 21 says the same thing. The compliance, we checked for 22 compliance with the Single Audit Act. We found no instances 23 of noncompliance. Internal control, we tested internal 24 control system, found no major weaknesses. And then, 25 finally, the schedule of expenditures of federal awards is a 4-25-11 45 1 requirement of the Single Audit Act. And then the second 2 part of that is we have to give an opinion on that schedule, 3 which we do, that it does -- is fairly stated and in 4 compliance with the Single Audit Act, and it's fairly stated 5 in relation to the financial statements taken as a whole. 6 The other part of that were disclosures required for schedule 7 of findings and questioned costs. There were none. 8 Finally, on the actual schedule itself at the back 9 of the -- that packet, that just shows the expenditures by 10 the type of federal program, and the federal agency it came 11 from. The County itself got 631,000 in federal awards 12 through those agencies, so it's above the 500,000. And then 13 the half interest in the -- the next to last page shows a 14 half interest in the Airport Board, and they, of course, 15 received some major funding on some airport projects, 16 including some A.R.R.A. stimulus money, and that amounted 17 to -- and, remember, this is just pass-through -- 3,598,000. 18 Finally, the last letter is a requirement of auditing 19 standards that we are required to report to the governing 20 body, which, of course, is y'all, the Judge and 21 Commissioners, these items as listed here, what our 22 responsibility is under U.S. generally accepted auditing 23 standards. Auditing findings, of course, there were none. 24 There were no discrepancies counter to the audit, no 25 corrected or uncorrected misstatements, no disagreements with 4-25-11 46 1 management. And, finally, the other issues -- other audit 2 findings and issues. These are items that are not material 3 weaknesses, but they are items we considered for -- to make 4 the accounting and reporting system better. Homeland 5 Security grant, those are items were recorded as against the 6 expenditure account. They should have been booked as posted 7 revenue and expenditure. That's what that recommendation is. 8 Whenever you see grant reimbursements instead of booking the 9 reimbursement expense against expense, you should have just 10 had a separate line item for revenues and expenditures and 11 the general entry on the transfers. That's just a procedure 12 to review and code -- approve those coding entries. And then 13 the -- as in the past, the County/District Clerk, they 14 have those benefit of others -- they hold moneys for several 15 accounts, and we just recommend that they keep a summary 16 sheet so that they keep track of those separate little 17 accounts that they keep in trust for various individuals and 18 people. Other than that was -- those items, of course, are 19 not material. Those are just our recommendations for 20 improvements. Like I said before, the County's in good 21 financial shape. Everybody is watching, and thank god that 22 most places had some fund balance going into this situation, 23 because it doesn't look, at least this time, like we're going 24 to get any relief, so we'll just have to monitor. Hopefully, 25 it will come out for the best. 4-25-11 47 1 JUDGE TINLEY: Any questions? 2 COMMISSIONER BALDWIN: Would you ask Billy Roeder 3 if we can borrow some money? (Laughter.) 4 MR. NEFFENDORF: Well, they're tight Germans, too. 5 I don't know. They're the same way. Nobody's -- nobody's 6 bragging, I mean, about this. 7 COMMISSIONER BALDWIN: If anybody has any, though, 8 it's Billy Roeder. 9 MR. NEFFENDORF: Yeah. 10 COMMISSIONER OEHLER: Well, the interest rate would 11 be too high, though. 12 COMMISSIONER BALDWIN: Yeah. 13 MR. NEFFENDORF: Yeah, you wouldn't want to pay his 14 interest rate. 15 COMMISSIONER OVERBY: Got money, but at what rate? 16 MR. NEFFENDORF: And, like usual, we always 17 appreciate the cooperation of Jeannie and her staff and the 18 offices that we visit, and so they're all helpful and give us 19 the stuff we need. 20 JUDGE TINLEY: The -- the actual approval of the 21 audit was not an agenda item today, so since he was here, 22 why, we wanted to go ahead and get it presented. Ms. Hargis 23 is going to place an item on the agenda at our next meeting 24 for approval of the audit. If there's no more questions, we 25 thank you, sir. 4-25-11 48 1 MR. NEFFENDORF: All right. 2 JUDGE TINLEY: We appreciate your work, and 3 appreciate your report. 4 MR. NEFFENDORF: Okay. Thank y'all. 5 COMMISSIONER BALDWIN: Appreciate it. 6 COMMISSIONER OVERBY: Appreciate it. 7 JUDGE TINLEY: Let's go to Item 4; consider, 8 discuss, take appropriate action to approve proclamation to 9 declare May 5, 2011, National Day of Prayer. I've put this 10 on the agenda. It's an annual occurrence here at the 11 courthouse, and was requested to do so by the folks that are 12 in charge of that function. 13 COMMISSIONER BALDWIN: I'm honored to move for 14 approval. 15 COMMISSIONER LETZ: 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. 21 (No response.) 22 JUDGE TINLEY: The motion carries. Let's go to 23 Item 5; to consider, discuss, and take appropriate action to 24 accept the audit report on the Kerr County Elections 25 Department. Ms. Mabry? 4-25-11 49 1 MS. MABRY: Hello. As you can see by the report, 2 there wasn't anything major to report about the Elections 3 Department. They are very controlled and do a great job with 4 all their assets that are under their watchful eye. And the 5 only thing of note was there is some duplication of effort in 6 entering something; they have to enter it twice, and so we're 7 trying to eliminate that by just changing a little bit of the 8 software. And other than that, there is nothing else. If 9 anyone has any questions, I'd be glad to answer them. 10 JUDGE TINLEY: This duplication, is this kind of a 11 replay of what we heard a bit ago on the D.P.S./J.P. 12 situation? Maybe we don't have the software talking to each 13 other? 14 MS. MABRY: It could be interrelated to that. I 15 will say that it's -- it stems from the preference of the 16 District Clerk as to one software, but the preference of the 17 State for another software. So, what I'm looking for is 18 maybe an inexpensive patch, nothing that goes over the $1,300 19 that it cost for that department to do that function for the 20 District Clerk. And it's basically -- I don't want to have 21 to enter in twice unless they absolutely have to. 22 JUDGE TINLEY: Sure. Any more questions for 23 Ms. Mabry? 24 COMMISSIONER LETZ: Question on -- what does the 25 District Clerk enter that Elections needs? 4-25-11 50 1 MS. MABRY: Okay. Well, it has to do with the jury 2 application. The way we get our juries is basically from the 3 rolls -- election rolls. I mean, they -- they coincide. And 4 so, because those records coincide, they have -- the District 5 Clerk needs them, and the Elections Department needs them as 6 well. And so Linda had asked, and I guess the Elections 7 Department had allowed that the jury would all go through 8 them, since they have to enter it anyway. 9 COMMISSIONER LETZ: So, if you're not registered to 10 vote, you don't -- you're not on the jury pool? 11 MS. MABRY: You can, and it is entered. But since 12 those records -- they have separate records, but in order for 13 our records and their records to have some sort of 14 overlapping, it's entered by one -- one person, one 15 department. 16 JUDGE TINLEY: They also pick up for jury duty from 17 driver's licenses. 18 COMMISSIONER OEHLER: That's what I was -- 19 COMMISSIONER LETZ: That's what I thought. So,I 20 mean, why don't we eliminate picking them up off elections 21 and just use driver's license, and save $1,300? 22 MS. BOLIN: Because you cannot do that. The State 23 does not allow that. On the jury -- the way that we help 24 Linda with the jury is we do all of the exemptions. If 25 people die, we enter that information so that they're not 4-25-11 51 1 sending out bad jury summons. 2 MS. MABRY: Right. 3 MS. BOLIN: If they get a jury summons back where 4 the address changes, we send out address confirmations, 5 because that cleans up the voter rolls as well as their jury 6 pool. And that started probably 15 years ago, because when I 7 was in voter, I would send a list to Linda of the exemptions 8 that we had received, and they never would get it put in, but 9 they were sending them down to complain to me. So, I finally 10 just said, "Okay, Paula, can I just do this so that I'm not 11 getting in trouble, and they're not sending me complaints?" 12 And it started back then, but now the State, since we're on 13 the TEAM, which is no cost to the county, they have their own 14 jury package. But Linda prefers whatever package she has; 15 maybe it's the Tyler Technologies. And in September, we 16 download all of our information to the state. D.P.S. 17 downloads all theirs driver's license, merges it all 18 together. They're the ones who provide the jury list for the 19 county. 20 COMMISSIONER LETZ: Sorry I asked. (Laughter.) 21 JUDGE TINLEY: Too much info, right? Okay. And 22 you're seeking the Court's action to accept the audit report? 23 MS. MABRY: Yes, sir. 24 COMMISSIONER BALDWIN: So moved. 25 COMMISSIONER OVERBY: Second. 4-25-11 52 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded to accept 3 the audit report of the Elections Department. Further 4 question or discussion? 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. Let's go to 10 Item 7; to consider, discuss, and take appropriate action for 11 the use of caution signs, "Narrow Bridge Ahead" be installed 12 on both the north and south side of Center Point Crossing 13 Street Bridge, installation of signs being provided by kerr 14 county Road and Bridge. Mr. Overby? 15 COMMISSIONER OVERBY: Judge, Commissioners, today 16 before you is just an opportunity to get approval hopefully 17 for the "Narrow Bridge Ahead" signs at the Center Point 18 Crossing Street Bridge. Again, we've been doing some repairs 19 in that area. Again, I've been doing some things with the 20 park, but again, the road up there, we've -- remember, we put 21 a three-way stop at the north side of the bridge. That's 22 helped reduce speeds a little bit. But, again, the interest 23 is here to get approval for basically caution signs, safety 24 signs with the bridge, that as you know, the bridge is only 25 about 19 feet in width. Again, some more signage and 4-25-11 53 1 appropriate markings out there would let drivers then be more 2 aware of the -- of the bridge narrowness approaching that 3 area. I was out there this weekend just driving by. A lot 4 of folks out in that area. Again, I think this is an 5 opportunity to put a couple of signs out there to bring more 6 caution to that area, and I would like that. 7 COMMISSIONER OEHLER: These are not regulatory 8 signs, so I don't know why you'd really need a -- unless Road 9 and Bridge wanted us to give approval to it. Those are just 10 informational signs. 11 COMMISSIONER OVERBY: That's right. I'd just like 12 to bring it here before the Commissioners Court, just mainly 13 for documentation to have those there and to get your 14 approval on that. 15 COMMISSIONER LETZ: Is it a narrow bridge sign 16 that's going to -- I guess, what's the sign going to look 17 like? Or if it's going to be one of those yellow triangle 18 signs that shows -- 19 COMMISSIONER OVERBY: Narrow bridge. 20 COMMISSIONER LETZ: Narrow bridge or one-lane 21 bridge? I've seen a lot of them. I guess you can see both 22 of them okay, but they'll probably be the yellow triangle -- 23 COMMISSIONER OVERBY: That's right, more of a 24 caution sign. 25 COMMISSIONER LETZ: Okay. 4-25-11 54 1 COMMISSIONER OEHLER: Works for me. 2 COMMISSIONER OVERBY: All right. I'd like to make 3 a motion to go ahead and approve the narrow bridge caution 4 signs at -- for this at the Government -- Center Point 5 Government Crossing Street Bridge. 6 COMMISSIONER BALDWIN: Second. 7 JUDGE TINLEY: Crossing Street in Center Point? 8 COMMISSIONER OVERBY: Center Point. 9 JUDGE TINLEY: Motion made. 10 COMMISSIONER LETZ: Not Government Crossing. 11 COMMISSIONER OVERBY: No. Make sure we get that 12 correct. Center Point Crossing Street Bridge, installation 13 of the caution signs for "Narrow Bridge Ahead." Make a 14 motion. 15 JUDGE TINLEY: North and south? 16 COMMISSIONER OVERBY: North and south sides. 17 JUDGE TINLEY: All right. I have a motion and 18 second for approval of the agenda item. Question or 19 discussion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion carried. 25 COMMISSIONER OEHLER: Might want to tie a chain 4-25-11 55 1 around the one on the south side of the river so that when it 2 floods, you can retrieve it. 3 COMMISSIONER OVERBY: That's right. 4 JUDGE TINLEY: Let's go to Item 8; consider, 5 discuss, take appropriate action to approve use of Flat Rock 6 Lake Park between 8 a.m. and 12 p.m. on Saturday, June 4th, 7 for the Kids Fishing Derby event sponsored by the First 8 United Methodist Church, their representative being Mr. Kevin 9 Casey, who is responsible for organizing this family event. 10 The activity would promote family, as well as learning and 11 educational skills taught in enjoying the great sport of 12 fishing, according to Commissioner Overby. 13 COMMISSIONER OVERBY: That's great. I know there's 14 a lot of fishermen here in this area, and gals too. Again, I 15 was contacted by the First United Methodist Church 16 representative, Kevin Casey. The fishing derby day has been 17 an event that's been ongoing in the Kerrville/Kerr County 18 community for several years. This year they've, of course, 19 had some issues with the Louise Hays park this year, and this 20 year they requested to move that event to the Flat Rock Lake 21 Park. And, again, First United Methodist Church is going to 22 be sponsoring this event from 8:00 to 12:00. It's a day that 23 it will be used for families, encouraging folks to come out, 24 spend more time with their children, and also, again, to 25 learn about fishing. That is one of the state days that 4-25-11 56 1 there is no fishing license required on that date, and it's a 2 day of free fishing. So, with that, I would like to make a 3 motion to approve the use of the Flat Rock Lake Park for the 4 fishing derby event sponsored by First United Methodist 5 Church. I make a motion to approve that. 6 COMMISSIONER LETZ: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion? Was this event previously 9 sponsored by the City Parks and Recreation? 10 COMMISSIONER OVERBY: Yes, sir, it was. 11 JUDGE TINLEY: Okay, it was. 12 COMMISSIONER OVERBY: It was something that -- my 13 understanding from Mr. Casey, that it was something that was 14 cut because of budget issues, as far as what they had. And 15 so it's an event that, again, First United Methodist is 16 sponsoring that. But this is an opportunity to pick that up 17 still for our kids here in the community, where they can go 18 out and use that, enjoy it. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER OEHLER: 4-H also has one later in the 21 year, don't they, at Flat Rock? 22 COMMISSIONER LETZ: Yeah, they do. 23 COMMISSIONER OEHLER: I guess they ran out of 24 fishing in Louise Hays Park and had to move it down to Flat 25 Rock so somebody can catch something. 4-25-11 57 1 JUDGE TINLEY: Well, they used to have one that the 2 City sponsored also, I thought in connection with the -- when 3 they released the rainbow trout down there. 4 COMMISSIONER OVERBY: Mm-hmm. 5 JUDGE TINLEY: Yeah. That was generally in 6 February. 7 COMMISSIONER OVERBY: Yeah. That's later -- or 8 earlier. 9 JUDGE TINLEY: And that was one that they had down 10 there. But, any further question or discussion? All in 11 favor of the motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion carries. Let's go to Item 9; 16 to consider, discuss, and take appropriate action on list for 17 TexDOT concerning Kerr County and Kerrville roadway 18 priorities for fiscal year 2015 and beyond. Commissioner 19 Letz and I met with representatives of the City last week, I 20 guess it was, and -- and we had previously talked about -- 21 what's that, ARRPO? 22 COMMISSIONER OVERBY: ARRPO. 23 JUDGE TINLEY: ARRPO. That goes forward in -- into 24 the regional mobility. And we had come up with some -- some 25 priorities of our own, and we met with the City to send 4-25-11 58 1 forward a consolidated list, which TexDOT prefers, and the 2 list is included there with -- with the material. 3 Essentially, the -- the five items which we have, and the 4 priority of those items are, Item Number 1, which I believe 5 was the same item that we had here from Commissioners Court, 6 was highway -- widen Highway 27 east to the Kendall County 7 line. But we also included in that the upgrading of that 8 intersection there at the airport. We tried to get a 9 two-for-one. Maybe it'll work; maybe it won't. 10 COMMISSIONER OVERBY: Put it in there. 11 JUDGE TINLEY: The second one was widen and install 12 passing lanes on 16 north to Gillespie County line. That 13 also was one of the priorities that this Court came up with. 14 Priority Number 3 was on F.M. 1341 from Loop 534 to I-10, to 15 widen and rehab that, another priority of -- of this Court as 16 established at a prior meeting. Fourth one was the I-10 17 interchange between Farm-to-Market 783, sometimes known as 18 Harper Road, and State Highway 16, an item that's been talked 19 about recently. The fifth was the widening to four lanes of 20 the Loop 534 bridge. I think the only thing that wasn't on 21 our list was the 534 bridge, wasn't it, Commissioner? 22 COMMISSIONER LETZ: I believe so. 23 JUDGE TINLEY: Yeah. Let me point out, just so 24 there's no misunderstanding, the I-10 interchange is -- is 25 not something that we're advocating for county funds to be 4-25-11 59 1 utilized for; City's not advocating for city funds to be 2 utilized for. It's a matter that we're sending forward as a 3 priority for long-term review by TexDOT for the mobility, and 4 it does not include safety issues, as do the other projects 5 that we've got. The other projects were chosen, in large 6 measure, because of safety and -- and operational concerns. 7 COMMISSIONER OVERBY: Judge, I'd like just to add 8 just a comment here. Of course, the ARRPO that we mentioned 9 about -- we're talking about, again, is the Alamo Regional 10 Rural Planning Organization, the acronym ARRPO. I do have 11 the opportunity to represent the county at our AACOG Board in 12 San Antonio, and that is one of those committees that I serve 13 on. Also, Councilman Bruce Motheral represents the City of 14 Kerrville, and so, again, both -- I know Council and 15 Commissioners have looked at a list of those projects that 16 were out there. Again, all these are unfunded projects going 17 past 2015, the deadline that TexDOT had requested for, and 18 what the County -- again, here is this list here before you. 19 I know that Council has this on their decision tomorrow night 20 as well, was to come up with a list of priorities, list that 21 we're talking about, and to have that list submitted back in 22 to TexDOT by the end of April, which will be this Friday, on 23 the 29th. And I just wanted to make those comments as far as 24 that. I appreciate the work that Commissioner Letz and you 25 both have done in working with the City on coming up with 4-25-11 60 1 that list. 2 COMMISSIONER LETZ: I think the -- just so the 3 Court's aware, there's two -- the two that I remember that 4 the City had on their list that didn't -- when we discussed 5 them, didn't quite, you know, rise to the bar, primarily 6 because they were more mobility, as opposed to safety. They 7 had on their top-five list connecting Highway 173 to Highway 8 16, which is referred to as Spur 100 extension, kind of along 9 the state park and on around over there. And the other one 10 they had on their list was to connect Wren Road to Thompson 11 Drive, with another Guadalupe River crossing up in that area. 12 And that one, again, was a long-term mobility. Those -- I 13 can't remember the -- I think those are the main two that 14 didn't -- there may have been one more. 15 COMMISSIONER OEHLER: There was some talk of 16 connecting down -- I-10 down Wren Road to Goat Creek Road. 17 COMMISSIONER LETZ: That was not on their list. 18 There was a lot of discussion. That's more a TexDOT -- 19 they've had that on some of their lists. 20 COMMISSIONER OEHLER: 'Cause I got a call from 21 residents over on Wren Road that were not real happy about 22 that. It's been talked about for 25 years. But -- 23 COMMISSIONER LETZ: And the rest of the list, I 24 think we're pretty much -- they were -- 25 JUDGE TINLEY: Mm-hmm. 4-25-11 61 1 COMMISSIONER LETZ: The City and County had the 2 same -- same list. 3 JUDGE TINLEY: Yeah. 4 COMMISSIONER OVERBY: Again, these are projects 5 that they're looking at past 2015. Again, they are unfunded. 6 And so, again, this is making a list of priorities to give to 7 them for consideration. 8 COMMISSIONER OEHLER: Probably going to remain 9 unfunded for a while. 10 COMMISSIONER LETZ: I'll make a motion that we 11 approve the list as presented, the combined list for Kerr 12 County. 13 COMMISSIONER OVERBY: I'll second that. 14 JUDGE TINLEY: Motion made and seconded as 15 indicated. Question or discussion? All in favor of the 16 motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Let's go to 21 Item 10; to consider, discuss, take appropriate action on 22 proposed interlocal agreements with the City of Kerrville for 23 various services and/or operations. I put this on the agenda 24 as a -- as a precaution, that maybe we would have something 25 formal to consider by the Court. I don't have anything to 4-25-11 62 1 present. As indicated earlier, Commissioner Letz and I are 2 scheduled to meet with City representatives in the morning, 3 and hopefully that'll be a productive meeting and we'll be 4 back here with you at the end of the week or the next week to 5 hopefully bring some resolution to these matters. But I 6 don't -- I don't have anything. If any member of the Court 7 has anything, why, let's pitch it out and talk about it. 8 COMMISSIONER BALDWIN: I do not, Judge, but I do 9 have a question. You say you may be back at the end of this 10 week or the beginning of next week with something? 11 JUDGE TINLEY: Hopefully. 12 COMMISSIONER BALDWIN: And, let's see. Seems like 13 to me that May 4th or something like that, the earth was 14 going to stop turning if we didn't -- something like that. I 15 can't get all that straight. But it's a moving target, 16 remember? 17 JUDGE TINLEY: That's right. 18 COMMISSIONER BALDWIN: So -- 19 JUDGE TINLEY: And astrology has never been your 20 strongest suit. 21 COMMISSIONER BALDWIN: Absolutely. I'm glad you 22 recognize that. So, is May 4th still our date that we need 23 to get this done? 24 JUDGE TINLEY: The City is desirous of -- the 25 language I saw, Commissioner, was that they're desiring 4-25-11 63 1 substantial agreement by May 4th, when they begin their 2 budget workshop. 3 COMMISSIONER BALDWIN: Okay. 4 JUDGE TINLEY: That's what -- 5 COMMISSIONER BALDWIN: I understand that. I 6 understand that. Okay, cool. 7 COMMISSIONER OEHLER: Yeah. We probably need to 8 have a substantial agreement too by then for our side. 9 COMMISSIONER LETZ: I think -- and I don't -- but 10 to answer your question, I don't think it's a line in the 11 sand, based on our meeting we had last week with them. And 12 they -- certainly, they have some time that -- I mean, if 13 it's the 5th, they're not going to say, "Well, we're not 14 going to have any deals with the County." I mean, I think 15 it's imperative that we both -- we get together on these, 16 from both sides. And I think the City, from the meeting we 17 had with them, is a little more open than their letter -- 18 last letter portrayed. 19 COMMISSIONER OVERBY: I do like the subcommittee 20 strategy that we're approaching here in doing, and to open 21 that dialogue and hopefully have that communication back to 22 us. 23 JUDGE TINLEY: Well, hopefully it will work. 24 COMMISSIONER OVERBY: That's hopeful. 25 COMMISSIONER LETZ: We'll let them know, just 4-25-11 64 1 because the two of us, the Judge and I, can agree does not 2 mean it will sail through the Court. 3 COMMISSIONER BALDWIN: No. 4 MR. MORGAN: Will you allow any comments from the 5 public on this issue now? 6 JUDGE TINLEY: Yeah. If you've got something to 7 say, come forward and give us your name and address. 8 MR. MORGAN: I'll do it. My name's Bill Morgan; I 9 live at 1744 Glen Road in Kerrville. I'm also a citizen of 10 Kerr County, so the issue involves me both ways. But I want 11 to relate to you something that happened to me this week. I 12 was at a reunion of pharmacy classmates, most of us in the 13 70's, at the Y.O. And about 10 o'clock at night, one of them 14 called my room, 'cause I was the host, and said, "Come down 15 here right away." I did, and he had fallen. He had broken a 16 glass. He had -- blood sugar had gone to 297, and we called 17 the fire department -- or ambulance to come and get him. 18 First Responders got there first, and I want to tell you, 19 they were most efficient. They had resolved the problem. 20 They had telemetry on him. They transported him to the 21 hospital. Before I could get there with his wife to the 22 hospital, they had already put him on a helicopter and gone 23 to San Antonio. He had to have a pacemaker put in. And his 24 blood pressure had -- I mean his -- yeah, blood pressure -- 25 pulse rate had dropped down to 30. He was near death, and 4-25-11 65 1 had it not been for First Responders, whether it be in the 2 county or the city... I would like to have that available to 3 me anywhere I am, too. And unless we can get together on 4 this issue with the County, regardless of what it costs, I 5 think it's something that needs to be considered. And I 6 think we're being very shortsighted if we don't make that 7 available to the citizens of Kerr County, wherever they may 8 be. Thank you. 9 COMMISSIONER BALDWIN: Thank you, Bill. 10 JUDGE TINLEY: Mr. Morgan, First Responders is 11 essentially a county program. Are you aware of that? 12 MR. MORGAN: They're what? 13 JUDGE TINLEY: The First Responders program is 14 essentially a county program. 15 MR. MORGAN: Well, I'm aware of that, but it was 16 the fire department that showed up there, and it was the fire 17 department First Responders that took care of it before the 18 ambulance crew even got there. And I don't know that your 19 county First Responders have that availability and have the 20 telemetry on board and can start IV's, which they did for 21 this gentleman. So, I think this is a consideration that 22 should be carefully thought out. 23 JUDGE TINLEY: Well, there are a number of the -- 24 number of the Kerrville Fire Department members that are part 25 of the First Responders program. 4-25-11 66 1 MR. MORGAN: Are they -- 2 JUDGE TINLEY: That is sponsored by Kerr County. 3 MR. MORGAN: Are they carrying telemetry with them? 4 Are they carrying IV's for them? 5 JUDGE TINLEY: I know we buy equipment for them. 6 MR. MORGAN: I just wanted to make you aware of my 7 concerns, as expressed by other people I've talked to. 8 JUDGE TINLEY: It's a good program, no question 9 about it. 10 MR. MORGAN: Okay. 11 COMMISSIONER BALDWIN: Thank you, sir. 12 JUDGE TINLEY: Anybody else have anything to offer 13 on that one? 14 COMMISSIONER LETZ: No. 15 JUDGE TINLEY: Let's move to Item 11; to consider, 16 discuss, take appropriate action regarding employee 17 notification of enrollment in the Kerr County health 18 insurance Humana plan due to eligibility audit completion. 19 Ms. Hyde? 20 MS. HYDE: One for Cheryl, please. Y'all got those 21 packets as well last week. It's just hard copies, in case. 22 JUDGE TINLEY: Okay. 23 MS. HYDE: The proposal is on the rear, and if you 24 would go to Page 5 of that proposal, that's what we signed. 25 That's what the County signed, and it's circled, and it has a 4-25-11 67 1 star beside it. That is what we agreed to. This is a fully 2 insured plan. We have been doing audits, and we have found 3 there's three to five people that, because of prior years, 4 have fallen through the cracks, and we need to give them a 5 letter and they need to use a coordination of benefits. I 6 just wanted to make sure y'all are aware. 7 JUDGE TINLEY: This does not address opts-outs 8 which have been approved? 9 MS. HYDE: (Shook head negatively.) 10 COMMISSIONER LETZ: What does priors years have to 11 do with it? 12 MS. HYDE: We use a software program, and -- we use 13 the Incode program, and when we ran those two, we got 14 differing -- differing accounts. When we went back and used 15 the Benefits Connect, which we use, and sent that to Humana, 16 Humana began their audit. We began -- began our audit, and 17 we got three folks that fell through the cracks because they 18 show from prior years. And they're not retired military; 19 they're not retired state, federal, or local government, so 20 they need to be on the plan. And then they have to use the 21 coordination of benefits if they so desire to keep the other 22 insurance. 23 JUDGE TINLEY: And Humana has asked us to comply 24 with this provision that we agreed to as part of the plan? 25 MS. HYDE: Yes, sir. 4-25-11 68 1 JUDGE TINLEY: Okay. And you're asking the Court 2 to approve the notification and -- and follow through to 3 comply with that portion of the plan? 4 MS. HYDE: Yes, sir. 5 JUDGE TINLEY: For enrollment? 6 MS. HYDE: The letter is on top. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER OVERBY: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the agenda item. Question or discussion? All in 11 favor of the motion -- 12 SHERIFF HIERHOLZER: If I can, one thing that did 13 come to my attention over this same thing -- and Eva and I 14 have had conversations, and it's just something the County 15 needs to be aware. I'll give you one example. I had an 16 employee that his wife -- not a county employee, okay -- has 17 a better plan, so he wanted to be on her plan and he wanted 18 to opt out of this plan, and they would not allow him to opt 19 out of this plan. He had to be part of it because of this 20 requirement or whatever. What that does to them is, then her 21 insurance considers this, since this is his employment, as 22 his primary insurance, so all the deductibles, everything, 23 everything the County's paying had to be paid first, -- 24 MS. HYDE: No, sir. 25 SHERIFF HIERHOLZER: -- in essence, before his 4-25-11 69 1 wife's plan would take over, because her plan would not 2 consider it -- hers as primary for him. 3 JUDGE TINLEY: What do you suggest doing, Sheriff? 4 SHERIFF HIERHOLZER: I just wanted that point made. 5 I don't know what -- what to tell you to do, but I'm just 6 saying, you know, some of this opt-out, they can do it if 7 they're military; can't do it otherwise, or whatever. I'm 8 just -- I just think it's something that needs to be thought 9 about with the whole thing. I can't tell you what the 10 solution would be, if it's better, worse, or -- or otherwise 11 if you don't require everybody to be part of it. 12 JUDGE TINLEY: Further question or discussion? All 13 in favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Let's go 18 ahead and take up Item 12; consider, discuss, take 19 appropriate action to sign lease for the Ingram annex office. 20 Commissioner Oehler? 21 COMMISSIONER OEHLER: We redid the lease, as we'd 22 kind of talked about earlier. I have not gotten Mr. Priour 23 to sign it; he's agreed to it. Haven't been able to run him 24 down since I've had it in my hands. All it does is change 25 the lease on the annex in Ingram to a 30-day -- to a 4-25-11 70 1 month-to-month, with a 60-day notification, and the price -- 2 the lease amount has not changed. 3 MR. HENNEKE: Our current lease is up at the end of 4 May. 5 JUDGE TINLEY: Okay, I wasn't aware of that. 6 COMMISSIONER OEHLER: We may ought to go ahead and 7 approve it, authorize you to sign. I'll make that motion, 8 and then I will see that Mr. Priour gets it. 9 JUDGE TINLEY: County Attorney's approved the 10 format and so forth? 11 COMMISSIONER OEHLER: Yes, sir. 12 MR. HENNEKE: The only thing that's changed from 13 the existing lease is it's, as Commissioner Oehler said, now 14 on a month-to-month basis, with 60 days written notice of -- 15 of termination. Same -- same rent amount. 16 JUDGE TINLEY: As I recall, the other option that 17 we had in the existing lease was to exercise an option for an 18 additional two-year term? 19 MR. HENNEKE: And we had run that out. It was an 20 '05 lease that was a two-year term, and then it had two 21 two-year extensions after that. We're at the end of the 22 second two-year extension, so it didn't provide for more than 23 two two-year extensions. 24 JUDGE TINLEY: Okay. 25 MR. HENNEKE: And we've run that course. 4-25-11 71 1 JUDGE TINLEY: Okay. 2 COMMISSIONER OEHLER: Anyway, that's -- went that 3 route, and I got Mr. Priour to agree, but he has not signed. 4 But I think as soon as I catch him, he will. 5 JUDGE TINLEY: Okay. Do we have a second? 6 THE CLERK: Yes. 7 JUDGE TINLEY: Okay. We have a motion and -- 8 THE CLERK: Oh, Judge, I'm sorry. No. 9 JUDGE TINLEY: Okay. 10 THE CLERK: We have a motion. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: We have a motion and a second. 13 Further question or discussion on the motion? All in favor 14 of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. Let's go ahead 19 and take us about a 15-minute recess. 20 (Recess taken from 10:35 a.m. to 10:50 a.m.) 21 - - - - - - - - - - 22 JUDGE TINLEY: Okay, let's come back to order, if 23 we might. I want to revisit Item 6 dealing with the D.P.S. 24 secretary, to include additional duties and responsibilities 25 dealing with that secretary's interaction with our J.P.'s and 4-25-11 72 1 their -- their clerical personnel. During the break, 2 apparently there was some considerable discussion that took 3 place between the sergeant and the J.P. personnel, and the -- 4 the request that they have before the Court at this time 5 would be for this Court to take -- take action on that Agenda 6 Item Number 6 to instruct the D.P.S. clerk, who is a Kerr 7 County employee, to receive instruction on entering the J.P. 8 data into the Odyssey program at a time and place to be 9 agreed upon by Sergeant Lalonde and the appropriate J.P. 10 and/or J.P. clerks. And once that training has occurred, 11 that that D.P.S. clerk employed by Kerr County is to be 12 required to enter that J.P. data into the Odyssey system when 13 required or instructed by Sergeant Lalonde or -- or members 14 of his staff to whom he has designated that responsibility, 15 with the entering of that J.P. data into the Odyssey system 16 being considered as part of her job description. 17 COMMISSIONER BALDWIN: Mm-hmm. 18 JUDGE TINLEY: Okay? 19 COMMISSIONER BALDWIN: And that means to me that 20 then the J.P. clerks over here will be able to access that 21 information via the computer. 22 JUDGE TINLEY: That would be correct, mm-hmm. 23 They're asking for that -- a court order in that respect as 24 part of the Agenda Item 6 in order to include that as part of 25 her job description. 4-25-11 73 1 COMMISSIONER BALDWIN: I'll move to approve that, 2 of course. 3 COMMISSIONER OEHLER: I'll second it. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the -- of the indicated information as -- into a 6 court order and as part of the job description of the D.P.S. 7 clerk employed by Kerr County. Question or discussion on 8 that motion? All in favor of that motion, signify by raising 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. 14 COMMISSIONER OEHLER: Judge, I have a question. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER OEHLER: And it would be for a very 17 short statement, but I'd like to recall 1.2. 18 JUDGE TINLEY: Okay. Let me recall 2; consider, 19 discuss, take appropriate action on violation of settlement 20 With Amy Tuma and Hatari Safari. Commissioner Oehler, you 21 have something -- 22 COMMISSIONER OEHLER: Just for the record, whenever 23 I went to Austin to testify in favor of the bill that was 24 presented by Hilderbran, I did so on my own accord, and I did 25 not receive any compensation whatsoever for out-of-county 4-25-11 74 1 travel or expenses on that trip. I did it all on my own, 2 went in my own truck, paid all my own expenses. 3 JUDGE TINLEY: Okay. Anything further? 4 COMMISSIONER OEHLER: Just wanted that to be part 5 of the record. 6 JUDGE TINLEY: Thank you, sir. 7 MR. HENNEKE: And I rode along. (Laughter.) 8 COMMISSIONER BALDWIN: Shotgun, huh? 9 COMMISSIONER OEHLER: He didn't pay me either. 10 JUDGE TINLEY: The -- we've got three items that 11 indicate executive session. I guess the question on those 12 items is, is executive session required on any one or more of 13 them? If not, we can start taking them up in the clear. 14 Item 13, is executive session required on that? 15 MS. HYDE: No, sir. 16 COMMISSIONER BALDWIN: I don't see how. 17 COMMISSIONER OEHLER: I don't either. 18 MR. HENNEKE: No, I don't know why it's not -- 19 JUDGE TINLEY: Let me call Item 13; to consider, 20 discuss, take appropriate action to approve Kerr County 21 policy and procedures for the Kerr County Fitness Center 22 located at the Kerr County Law Enforcement Annex. 23 MS. HYDE: These are copied directly from the 24 minutes that Rusty put forth for his policies and procedures. 25 Also, the release of liability and the use of unsupervised 4-25-11 75 1 facility agreements. 2 COMMISSIONER BALDWIN: No gum chewing? No gum 3 chewing food. What is gum chewing food? I'm kidding. 4 COMMISSIONER OEHLER: Must have left a comma out. 5 COMMISSIONER BALDWIN: So, this is something that 6 the Sheriff stood where you are and said, and then you got it 7 from the minutes and typed it up? Basically, is that what -- 8 and put it in this format? 9 MS. HYDE: Let the County Attorney look it over. 10 COMMISSIONER BALDWIN: Sheriff Hierholzer? 11 SHERIFF HIERHOLZER: I have not seen what she 12 typed. She told me it was identical, verbatim, word-for-word 13 the policy that y'all approved for my -- my individual 14 officers. Then we did it globally for all county employees. 15 And I sent it over to Eva, and she said it would work for the 16 same -- 17 COMMISSIONER LETZ: You might look at Number 3 18 under conduct. I'm not sure I even know what -- 19 MS. HYDE: Which part? No doo-rags? 20 COMMISSIONER LETZ: Well, I'm not -- I mean, wife 21 beaters? I'm not sure what wife beaters are. 22 MS. HYDE: Well, they're -- I copied this out of 23 the minutes, guys. 24 SHERIFF HIERHOLZER: It's a type of clothing. 25 MS. HYDE: Type of clothing. 4-25-11 76 1 SHERIFF HIERHOLZER: These are types of clothing 2 that I do not want to allow inside there. 3 COMMISSIONER LETZ: What is that? 4 JUDGE TINLEY: Explain to me what "wife beaters" 5 are. Sergeant, do you have some input on that? 6 MS. HYDE: I understood that -- 7 SGT. LALONDE: I can show you what they look like 8 if I take my shirt off. 9 SHERIFF HIERHOLZER: Like daisy dukes and 10 everything. Just different things that are more revealing 11 and should not, I don't feel, be in that facility. And a lot 12 of the generic college policies and other policies that I 13 found and researched to go with this, I found that same thing 14 in those. That's exactly the wording that they also have. 15 COMMISSIONER LETZ: I still don't know what it is. 16 MS. HYDE: I'll tell you after court, sir. 17 COMMISSIONER OEHLER: I can tell you what daisy 18 dukes are. (Laughter.) I remember the program, that they're 19 kind of short. 20 COMMISSIONER LETZ: I remember those. 21 JUDGE TINLEY: Jon, that tells me you're not 22 getting too old. 23 SHERIFF HIERHOLZER: Now, the one thing -- the 24 other policy that we have that's unwritten is -- and just to 25 be fair, is the County does give up to, depending on what the 4-25-11 77 1 employee pays, $50 a month reimbursement to any fitness 2 center. And as soon as we enacted this and y'all approved it 3 with the Sheriff's Office, that totally ended. And just out 4 of fairness, I would expect it to with the rest of the county 5 employees too, if it's enacted that they all have access to 6 that facility, 'cause it doesn't cost. And the last comment 7 I would like to say is, Probation Office is out there, and 8 then your D.A.'s office. Whether those people are considered 9 in other ways county employees or not, I do feel that they 10 should have access to that facility under the same 11 regulations and rules, because they do a lot of work with our 12 employees, and with mine, and work together a lot. And a lot 13 of this was funded through seizure funds for law enforcement 14 purposes, and Probation is right next door, and I think they 15 should also have access to it. 16 COMMISSIONER BALDWIN: I agree with you, and I 17 appreciate you saying that. 18 JUDGE TINLEY: This agenda item, Sheriff, as I read 19 it, would not allow us, as part of adoption, to eliminate any 20 reimbursement that -- that may be going to Kerr County 21 employees for fitness center costs. This -- this just deals 22 solely with policy and procedures at the annex, and if -- we 23 probably need to take other formal action, if we haven't 24 already taken it, to eliminate that as -- as part and parcel 25 of this whole thing. 4-25-11 78 1 SHERIFF HIERHOLZER: That may be. In prior minutes 2 and prior discussion with this Court, even into the planning 3 phases and everything else, it was agreed with the Court that 4 if we had that, then those people would not be allowed to be 5 reimbursed, so I wasn't -- I didn't necessarily feel, 6 especially with mine, that there needed to be any other court 7 action other than we have it. So, there's no more 8 reimbursement on my employees; I understand that. 9 JUDGE TINLEY: It'd probably be a good idea to -- 10 for us to have a specific item that -- that eliminates all 11 that once we've got this thing where it's available to all 12 Kerr County employees, which is going to occur with the 13 adoption of these policies and procedures, I think. 14 COMMISSIONER OEHLER: Do you think we ought to do 15 it all at one time in another meeting? Or you think we ought 16 to adopt this and then -- and then have the other agenda item 17 for next meeting? 18 JUDGE TINLEY: You know, we can go ahead and adopt 19 this now, and just eliminate the -- eliminate the 20 reimbursement aspect at the next meeting. 21 COMMISSIONER OEHLER: Could we make an amendment to 22 this and make that the policy as well? 23 MR. HENNEKE: No, I think those are two separate -- 24 I think we will want to have maybe a separate discussion 25 about the reimbursement. I mean, -- 4-25-11 79 1 COMMISSIONER OEHLER: Okay. 2 MR. HENNEKE: -- you know, if someone goes to -- 3 this is an unsupervised facility that's "use at your own 4 risk," but if someone's paying to go to another facility, you 5 know, that has training or -- or oversight or something, I 6 mean, it could be a separate discussion. Just end the $50 7 reimbursement for gym memberships, but just because we have 8 this, I don't think that this necessarily means that there's 9 the other. I think there is a question, too, that is -- you 10 know, what is the process going to be for keeping track of 11 the -- who is using the facility specifically? Who's keeping 12 track of the liability release waiver forms that people have 13 to file before they can use the facility? Who's keeping the 14 gate on the access to the facility, making sure that someone 15 who's using it has -- I mean, is the Sheriff -- since he's 16 there, is he going to be doing that for all the Kerr County 17 employees? Or -- 18 SHERIFF HIERHOLZER: The deal on the -- on the 19 forms and the liability issues, I don't feel it's my 20 responsibility to keep track of those for all county 21 employees. I think each department head should keep track of 22 them for their own employees, saying that they agree to the 23 liability. On getting access to the facility, we do have 24 three access cards that are in our dispatch office that are 25 available 24 hours a day, seven days a week. And when -- if 4-25-11 80 1 you don't already have a fob that gets you in a place like 2 that, you come up to the dispatch office, sign out one of 3 those cards, and go over there and use it; when you come 4 back, you sign it back in. 5 JUDGE TINLEY: Sheriff, let me -- 6 SHERIFF HIERHOLZER: And that's in that policy. 7 JUDGE TINLEY: Those dispatch fobs or those 8 entrance fobs, they come through the individuals from your 9 office, right? 10 SHERIFF HIERHOLZER: Yes. 11 JUDGE TINLEY: Okay. 12 SHERIFF HIERHOLZER: Yes, okay. They're issued out 13 up here in courthouse security. But they do -- and there are 14 several employees, I think -- I'm not sure if Rob does. Eva 15 has one; several other employees. Some of y'all may have 16 that we've issued out. It is logged, and any time you use 17 it, it logs you as a person entering that door, whichever one 18 it is. 19 JUDGE TINLEY: I'm going to the issue of -- 20 SHERIFF HIERHOLZER: This is the other. 21 JUDGE TINLEY: -- having the liability waivers on 22 file and so forth. It occurs to me that whatever the point 23 of issue is on those fobs for access, it's at that point that 24 you determine that the -- the individual who's requesting 25 that has, in fact, executed one of those liability waivers, 4-25-11 81 1 and we've got it as a matter of permanent record. That seems 2 to be good control. 3 SHERIFF HIERHOLZER: That may be, but I don't want 4 to overburden my dispatch office with trying to keep the 5 files of all that and keep lists updated. I think it should 6 be up to the department head in their department to -- to 7 have -- track that, just as I do with my department. 8 COMMISSIONER LETZ: But I guess my question is -- I 9 mean, I think we would want to know who is using the 10 facility, when. So, to me -- and maybe this isn't possible, 11 but why can't everyone who -- when you turn in the liability 12 form, you get your own card? And that way -- 13 COMMISSIONER OVERBY: Makes a lot more sense. 14 COMMISSIONER LETZ: Rather than -- because, say 15 something happens in there, and if people are using a common 16 dispatch card, how do you know who was there? 17 SHERIFF HIERHOLZER: There are two cameras inside 18 that facility for liability purposes. They record any 19 movement inside the facility. Those cards cost -- I'm not 20 sure of the exact cost, but over 300-something employees 21 throughout the county. I don't want to bear the expense of 22 all the cards for the county. 23 COMMISSIONER OEHLER: What about just a simple 24 sign-in sheet? 25 SHERIFF HIERHOLZER: That's where we have the three 4-25-11 82 1 with the sign-out sheet to where they come and get it. 2 COMMISSIONER OEHLER: I'm talking about inside the 3 facility, just a book. 4 COMMISSIONER OVERBY: Sign in when you come in. 5 COMMISSIONER OEHLER: And you sign in, you sign 6 out. 7 COMMISSIONER BALDWIN: How do you get in? 8 COMMISSIONER OEHLER: Well, after you get in. 9 COMMISSIONER BALDWIN: Can't get in the door 10 without a key. 11 SHERIFF HIERHOLZER: The people that have a card -- 12 that card or my fob issued to them, any time you go into a 13 door, okay, it logs you going into the door, so you will have 14 a record, those people that have these issued to them. The 15 people that these are not issued to, for them to go into the 16 door, they check out the card at the dispatch office, and 17 they sign that they have the card, and then they bring it 18 back when they're finished. Now, the only drawback would be 19 if five people go in at one time. 20 COMMISSIONER OEHLER: Okay. How many people do not 21 have cards? 22 SHERIFF HIERHOLZER: Most of them do not have 23 cards. 24 JUDGE TINLEY: What's the cost of one of those, 25 Sheriff? 4-25-11 83 1 SHERIFF HIERHOLZER: About $4 or $5 a piece. 2 JUDGE TINLEY: We're getting rid of a -- we're 3 getting rid of up to a $50 reimbursement. It occurs to me 4 that -- 5 COMMISSIONER OVERBY: You got plenty. 6 JUDGE TINLEY: -- that the point of control is that 7 card. And when somebody gets one of those cards, there needs 8 to be a verification that we've got the liability waiver in 9 hand. Now, this is true whether they get their own card, 10 which, of course, then logs them individually, and you're not 11 too worried about checking the camera or looking at a tape or 12 any of that business, or your dispatcher having to check with 13 somebody, "Well, have you filed a liability waiver?" When 14 they get a card, we know we got one, so it seems to me that's 15 a good point of control right there, at that moment. And you 16 don't issue one of those without the liability waiver. 17 SHERIFF HIERHOLZER: Okay, then let me ask this. 18 Okay, I'm trying to provide something that benefits the other 19 county employees without overburdening my own staff. I've 20 taken care of it in-house with my staff. We have all the -- 21 the checks and balances in place. What I would ask, then, is 22 either through H.R. or through your own department heads over 23 here, whatever, you keep a list. If you will advise us of 24 the people that have turned in that list, then I can have 25 Charlie and them issue a card out that will answer that -- 4-25-11 84 1 open that one door to the people that have been approved or 2 the list that it's up to somebody over here to keep updated 3 to my person that programs the cards. 4 COMMISSIONER LETZ: Do you -- does the cards -- 5 they're reusable? Once you get one, they're -- 6 SHERIFF HIERHOLZER: If an employee leaves, as long 7 as we get it back -- which is in other policies; they're 8 supposed to already turn those cards back in. If they quit 9 or leave, then we can reissue that same card, reprogram it. 10 COMMISSIONER OVERBY: It has a magnet strip; you 11 just slide it through. 12 COMMISSIONER LETZ: But I think where the Judge was 13 going, if you put a $10 fee on the card -- 14 COMMISSIONER OVERBY: First time, initial fee. 15 COMMISSIONER LETZ: Initial fee. If they get -- 16 they get the card, they have to pay $10. If they're one of 17 the people you've already issued one to as part of their job, 18 they -- if they don't, give it that way. That way they're 19 paying for the cards. If they turn them back in, then you 20 can reuse them. I mean, it seems pretty simple from that 21 standpoint as to who does it. 22 JUDGE TINLEY: Every one of your officers has their 23 own card, correct? 24 SHERIFF HIERHOLZER: That's correct. My 25 dispatchers do not, and civilian employees do not, and 4-25-11 85 1 jailers. My officers do, for -- for getting in our doors. 2 But the other ones check it out from dispatch. But we have a 3 list of everybody that's turned in the sheets. 4 JUDGE TINLEY: Well, if -- if every employee that 5 wants to use that facility has their own card, that takes 6 care of the log-in, log-out. 7 SHERIFF HIERHOLZER: Except for those that -- 8 unless you want us to be issuing those to the probation 9 officers, which they have -- have cards that -- to get in 10 their building over there, or the D.A.'s offices and things 11 like that. It's just the -- the amount of cards. I have a 12 -- I have a total budget of $500 a year for those fobs and 13 cards. That's in my budget, okay? And I really -- you know, 14 if you want to change that to where it comes out of somebody 15 else's budget, that's fine. We'll issue and order as many 16 cards as you want us to order. But I have to control it at 17 this point, and I try and control my budget. 18 JUDGE TINLEY: Well, effectively, you're in control 19 of it anyway. That's where I think -- the point of control 20 is basically in your lap, whether you want it to be there or 21 not. That's where I'm coming from. Now, if it's a monetary 22 issue, you know, that -- we can solve that, like Commissioner 23 Letz said. We can -- if somebody wants to use the facility, 24 fine. Put up a $10 deposit for the card. If you turn the 25 card in when you leave employment, you get your 10 bucks 4-25-11 86 1 back. Or maybe it's a nonrefundable 10 bucks. Whatever. 2 That -- that's really not the issue. The issue is -- is the 3 control of the access, and then it gives us a methodology. 4 If that particular card is going to read to that particular 5 individual, then we don't worry about sign-in sheets; we 6 don't worry -- we can look at the electronic log and 7 determine whoever was there on a given day, half day, hour or 8 whatever. 9 SHERIFF HIERHOLZER: Well, the one thing you don't 10 know is when they leave. There is no card swiping when 11 you're leaving any of these doors. It's just getting -- just 12 entry, okay? So, it's only entry that you're getting. 13 Now -- and to be honest, I liked the signing in. It is an 14 unsupervised facility. I liked the signing in, because it 15 did let my dispatch know somebody was over there. Whether 16 it's 2 o'clock in the morning or 10 o'clock at night, they 17 knew somebody was in that facility, because that card was 18 just signed out. 19 JUDGE TINLEY: Well, the monitor cameras, does that 20 go to dispatch? 21 SHERIFF HIERHOLZER: To -- no, not to dispatch. 22 We're not in the business of wanting to watch people work 23 out. It's a liability coverage. We can bring all that back, 24 because -- and maybe we should. If you want to approve the 25 policy as -- as it's been written, the same one I did, and 4-25-11 87 1 then we'll bring back the deal with the card, okay? And we 2 can bring back -- because the other issues that I have and 3 that I've mentioned before is the -- the cost of the -- the 4 water and the -- and the Time-Warner cable and that over 5 there is an -- is an added cost that I think should be shared 6 by everybody that's using that facility, or by the county as 7 a -- as a general, instead of just coming out of mine. 8 JUDGE TINLEY: Maybe all these other departments 9 need to be as protective of their budget as you are of yours, 10 Sheriff. And maybe you ought to be driving Volkswagens 11 instead of Tahoes. 12 COMMISSIONER OVERBY: I have a question. 13 SHERIFF HIERHOLZER: Then you're going to have to 14 buy something else too, because you can't put inmates in 15 them. 16 COMMISSIONER OVERBY: Sheriff, let me ask you this 17 question. I'm new. I know the design you showed me. I 18 can't remember if there are shower facilities. 19 SHERIFF HIERHOLZER: No, no showers. No restrooms 20 in that facility at all. 21 COMMISSIONER OVERBY: All right. 22 MS. HYDE: No restrooms? 23 SHERIFF HIERHOLZER: No. 24 COMMISSIONER OVERBY: I just wanted to ask for my 25 info. Thank you. 4-25-11 88 1 JUDGE TINLEY: Sounds to me like we got a bunch 2 more policies to plug in here. 3 COMMISSIONER OEHLER: Sounds to me like something 4 simple is turning into something very complicated. 5 SHERIFF HIERHOLZER: All I'm trying to do is offer 6 it to the rest of the county. If that's fine, that's fine. 7 If not, then, you know, that's the way it is. 8 JUDGE TINLEY: You'll keep it for your guys, right? 9 SHERIFF HIERHOLZER: Yes, I will. 10 MS. HYDE: I did add the two commas, even though 11 they were not in the original minutes. 12 COMMISSIONER BALDWIN: Okay. 13 COMMISSIONER OEHLER: I'm ready to vote on this 14 thing, then. Where was the other comma? 15 MS. HYDE: No chewing -- no gum chewing, comma, 16 food, comma, or drinks. 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER OEHLER: Which does not include water. 19 COMMISSIONER LETZ: In a plastic bottle. 20 JUDGE TINLEY: Mm-hmm. 21 COMMISSIONER BALDWIN: Did y'all -- did y'all 22 straighten out this flesh showing thing? Wife beating and 23 all that? Or how did you do on that? I went into a coma 24 there for a few minutes. 25 SHERIFF HIERHOLZER: Bruce, just to clarify some of 4-25-11 89 1 that about the water and that, this equipment is about 2 $70,000 worth of equipment in that facility. When you see 3 it, it's very expensive. We do have maintenance logs where 4 we maintain it for everybody. And I -- you know, sweat, 5 everything else, does have salt; it will degrade this type of 6 equipment. The bicycles -- stationary bicycles alone in this 7 facility are over $6,000 each. This is top grade commercial 8 equipment that I want taken care of, and that's why you see a 9 lot of the different -- whether it's clothing, whether it's 10 bottled water, whether it's the way they get to it. 11 MS. HYDE: And I apologize, because I -- I was not 12 here at this meeting, and I understood that this was all 13 reviewed. Y'all got copies of that, and so all I did was 14 copy it out of the minutes, and then make sure that Rob 15 looked it over to make sure that everything was the same as 16 it was. 17 MR. HENNEKE: Well, this is the policy for use. 18 Now, the questions about operation, maintenance, and 19 management were -- were never part of that, and I guess 20 there's further ongoing discussions on it. But as far as not 21 chewing gum and wearing appropriate clothing and making sure 22 that you've executed a liability release before you're 23 allowed to use the facility, that's all stuff that we talked 24 about, about when the individual person uses it, what are the 25 rules? 4-25-11 90 1 MS. HYDE: And I think that in the minutes -- I'm 2 not going to quote. It's little bit paraphrased there, but 3 it was -- Rusty had put these together and worked with the 4 County Attorney so that it could be pretty much standardized 5 for all the county. And this was just -- you know, and I 6 understand that not all of us knew -- I didn't know what wife 7 beaters were either, but I called and asked him, and he 8 talked to me about it. And it makes sense. This is how you 9 want people to come in or not come in. You don't want them 10 wearing combat boots on the -- the treadmills. Correct? 11 SHERIFF HIERHOLZER: Correct. 12 MS. HYDE: You know, but at the same time, you 13 know, if we can limit someone from having a dumb moment where 14 you get on a treadmill with flip-flops, which can be just as 15 dangerous or more, you know, these make conduct sense. 16 COMMISSIONER OEHLER: Buster, you don't have any 17 more questions, do you? 18 COMMISSIONER BALDWIN: No. I don't care what 19 doo-rags are, or doo-tags. 20 JUDGE TINLEY: But you do care about daisy dukes 21 shorts, right? 22 COMMISSIONER BALDWIN: I guess. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER BALDWIN: The -- I know you don't want 25 to bear boots and sandals, and you don't want to wear boots 4-25-11 91 1 on your -- your flooring in there. 2 SHERIFF HIERHOLZER: The mats that cover that part, 3 there's no shoes. 4 COMMISSIONER BALDWIN: But you have to have some 5 kind of shoes on to ride a bike or -- 6 SHERIFF HIERHOLZER: Yes. 7 COMMISSIONER BALDWIN: -- treadmill. 8 MS. HYDE: Tennis shoes. 9 SHERIFF HIERHOLZER: Soft sole type shoes for the 10 equipment, no shoes on the mats, is the way that works. You 11 can damage those mats. And the equipment itself is just the 12 hard sole compared to soft sole. And doo-rags and that, you 13 don't want clothing -- you don't want anything that's real 14 loose that gets caught in the piece of equipment. There's 15 just -- there was a lot of issues that had to be thought 16 about and gone into and looked at on coming up with these 17 policies, especially in an unsupervised facility. 18 JUDGE TINLEY: Are we going anywhere with this, 19 gentlemen, or do we move on? 20 COMMISSIONER BALDWIN: I have no problem in 21 adopting this, as long as the -- those other two issues are 22 separate from this. The reimbursement issue, and there was 23 one other, and I can't remember what. 24 JUDGE TINLEY: Access. 25 COMMISSIONER BALDWIN: Access, yeah. 4-25-11 92 1 COMMISSIONER OEHLER: Is that a motion? 2 COMMISSIONER BALDWIN: I sure will. I'll move for 3 approval. 4 COMMISSIONER OEHLER: I'll second it. 5 JUDGE TINLEY: We have a motion and a second to 6 approve the policy and procedures for the Kerr County fitness 7 center as presented. 8 MS. HYDE: So -- 9 JUDGE TINLEY: Question or discussion? 10 SHERIFF HIERHOLZER: Real quick, if you want us to 11 do it, if they will turn in both copies of the release of 12 liability and get the originals to me, then I'll create a 13 file in our dispatch office where we can check it and have a 14 list there to issue out those cards. I would rather issue 15 out the individual cards to most employees so we know that 16 somebody's in there at 2 o'clock in the morning. 17 MS. HYDE: And I'll offer part of my -- she's going 18 to kill me -- budgeted training money to help offset the cost 19 for the Sheriff's Department for any cards that he may have 20 to purchase, up to $2,000. Because I haven't used any of my 21 training budget yet. 22 COMMISSIONER OEHLER: That will be a suggestion for 23 later, right? 24 COMMISSIONER LETZ: That's not part of this. 25 COMMISSIONER OEHLER: Which we will remember that. 4-25-11 93 1 JUDGE TINLEY: Yeah. 2 MS. HYDE: I'm sure. 3 JUDGE TINLEY: Of course, you'll -- if there's a 4 nonrefundable deposit, you want to get the benefit of that, 5 right, if you do that? 6 MS. HYDE: I'm giving the money to Rusty so that we 7 can all use it. 8 JUDGE TINLEY: Okay. 9 MS. HYDE: Whatever y'all determine. 10 JUDGE TINLEY: Kumbaya. Further question or 11 discussion? All in favor of the motion, signify by raising 12 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 carries. Let's go to 17 Section 4 of the agenda, payment of the bills. 18 COMMISSIONER BALDWIN: I move that we pay our 19 bills. 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE TINLEY: Motion made and seconded to pay the 22 bills. Question or discussion? 23 COMMISSIONER LETZ: Question. On Page 2, 24 nondepartmental, Bickerstaff Heath. There's a bill for 25 3,250, which I presume is -- the only reason I know we've 4-25-11 94 1 hired them is for our redistricting. But why is that coming 2 out of contingency? 3 MS. HARGIS: That's -- we don't have anywhere else. 4 We didn't budget for redistricting. I asked y'all at the 5 time, and we said we weren't going to need it, so we didn't 6 budget. 7 COMMISSIONER LETZ: I recall that we -- well, okay. 8 I thought it came under professional services and we did 9 budget for it. 10 MS. HARGIS: We are out of money in professional 11 services. 12 COMMISSIONER LETZ: Okay, that makes sense why it 13 comes out of contingency. 14 COMMISSIONER OEHLER: Maybe we ought to do a budget 15 amendment so it's in the proper line item. 16 COMMISSIONER LETZ: I really think -- to me, that's 17 professional services. We certainly knew we were doing it. 18 MS. HARGIS: I'll be glad to move it, but we're out 19 of money there. 20 COMMISSIONER LETZ: Okay. 21 JUDGE TINLEY: I notice that Lance Keune turned in 22 a pair of coyote ears too, by god. 23 COMMISSIONER OEHLER: Imagine that. 24 COMMISSIONER LETZ: The other question I had, maybe 25 I just never noticed before. On the county-sponsored, on 4-25-11 95 1 Page 8, with Historical Commission, do we just pay bills as 2 they come in, up to the amount that we budget for them each 3 year? We don't give them a check? 4 COMMISSIONER BALDWIN: That's correct. 5 MS. HARGIS: They have to present invoices, and 6 then we reimburse them. 7 COMMISSIONER BALDWIN: And it comes through me 8 first, and then I go down with it and sit down with her staff 9 to make sure everything's in order and the way it should be. 10 COMMISSIONER LETZ: Okay. All right. Appreciate 11 that. 12 JUDGE TINLEY: Any other questions or comments? 13 All in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion carried. Budget 19 amendments? None? 20 MS. HARGIS: Yes. 21 JUDGE TINLEY: We do have a budget amendment? 22 MS. HARGIS: We have an either/or that I need y'all 23 to decide on. 24 JUDGE TINLEY: I didn't get one. 25 MS. HARGIS: We'll, you're fixing to get one. 4-25-11 96 1 JUDGE TINLEY: Oh, okay. 2 MS. HARGIS: There's -- 3 COMMISSIONER BALDWIN: How about the $50 fine for 4 the cell phone going off? Anybody care about that any more? 5 Where's the handcuffs? 6 MS. HARGIS: The first one is the equipment that 7 will go in the vehicles that Constable 4 will use. We all 8 discussed this, but -- and I have actually given y'all a copy 9 of this list, but I didn't get approval. So, we do have, in 10 the -- in the budget of that particular bond issue, a section 11 that -- some was premium on bonds, and we have some money 12 left in there. We originally started with 37,000. We now 13 are down to 22. We can take that equipment out of there. 14 The second one is, since I didn't know where you wanted -- 15 what vehicle you wanted to put it in, if you wanted to 16 purchase a new vehicle or if you wanted to use the existing 17 vehicle that is at the courthouse now, that existing vehicle 18 is not brand-new. And because of the -- you know, I never -- 19 when we talked about using it, I didn't realize we were going 20 to be putting $10,000 worth of equipment into an old vehicle, 21 so I wanted y'all to tell me how you wanted to deal with 22 this. 23 COMMISSIONER LETZ: How many miles are on that 24 vehicle? 25 MS. HARGIS: Close to 90,000, isn't it? I believe. 4-25-11 97 1 COMMISSIONER LETZ: Based on the amount that our 2 constables generally drive, that's good for three or four 3 years at a minimum. 4 COMMISSIONER OEHLER: Mm-hmm. I don't have any 5 objection to that. 6 COMMISSIONER BALDWIN: Me either. 7 JUDGE TINLEY: Most of that equipment's removable. 8 The big item is the camera. That's the major piece of it, is 9 the camera. 10 MS. HARGIS: Yeah. The -- you know, he may have 11 some maintenance on it, because we haven't driven it very 12 much. I think, Buster, you've actually driven it, the -- the 13 Expedition. 14 COMMISSIONER BALDWIN: Mm-hmm, I sure have. 15 MS. HARGIS: I don't know how old the tires are. I 16 do know that the -- we have a part on order for -- the 17 mirrors are not working right now electronically inside of 18 the vehicle. You have to -- but there's a part on order from 19 the Ford dealership for that to be repaired. I -- I just 20 haven't been keeping up with whether or not it has new tires 21 or not. So, it's up to y'all. 22 COMMISSIONER BALDWIN: I have no problem; I think 23 it's a -- the car's a good car. 24 MS. HARGIS: Okay. 25 COMMISSIONER BALDWIN: Good car. 4-25-11 98 1 COMMISSIONER OEHLER: I don't have any objection to 2 it. I guess my objection to all this in the beginning was 3 how this is being handled. 4 COMMISSIONER BALDWIN: What do you mean by that? 5 COMMISSIONER OEHLER: Well, I mean coming with a 6 budget amendment before we even authorize that expenditure to 7 be made. 8 COMMISSIONER BALDWIN: I agree. 9 COMMISSIONER OEHLER: But, anyway -- 10 COMMISSIONER BALDWIN: What -- one thing I was 11 wondering about, there was -- there was some equipment 12 already there. 13 COMMISSIONER OEHLER: Right. 14 COMMISSIONER BALDWIN: Is that in here? 15 COMMISSIONER OEHLER: No. 16 COMMISSIONER BALDWIN: Are we rebuying equipment? 17 COMMISSIONER OEHLER: No. 18 MS. HARGIS: I didn't prepare this list. That list 19 came from -- from the constable. 20 JUDGE TINLEY: Constable, Precinct 1, prepared the 21 list of what had to be added, and I instructed him to order 22 it. 23 MS. HARGIS: And -- 24 JUDGE TINLEY: So it is on order so we can get that 25 thing up and running. 4-25-11 99 1 MS. HARGIS: I apologize for not putting -- that's 2 the reason I brought it back as a budget amendment, so that 3 y'all could discuss it. That's the only reason I needed to 4 bring it. You don't have to approve it today; I just 5 wanted -- since the equipment has been ordered. I didn't 6 order it. 7 COMMISSIONER OEHLER: I'll move approval for it, 8 but I hope that this is handled differently in the future if 9 that comes up again. I think the Court needs to be in a 10 meeting and approve any orders to be made of any equipment 11 that money is going to be spent out of capital expenditures 12 that was non-budgeted. 13 MS. HARGIS: I did not approve -- okay. 14 COMMISSIONER OEHLER: I didn't say you. I'm just 15 saying the Court approves that. 16 MS. HARGIS: Yes, sir. 17 COMMISSIONER OEHLER: Nobody else, to my knowledge. 18 That's where I am. I just want it to be -- 19 COMMISSIONER BALDWIN: I agree. 20 COMMISSIONER OEHLER: -- above board and up front. 21 If you're going to expend money that is not budgeted 'cause 22 it was unforeseen, then we can make allowances for that and 23 do it where we can find the money. 24 COMMISSIONER BALDWIN: There appears to be a little 25 bit of anger coming from that end of the table, so I'm going 4-25-11 100 1 to agree with him. 2 COMMISSIONER OEHLER: You don't think you need to 3 get me any more aggravated than what I've been? 4 COMMISSIONER BALDWIN: No. 5 COMMISSIONER OEHLER: Okay. I'll move that we 6 approve it. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Talking about Item 1 on the -- 9 COMMISSIONER OEHLER: Item 1. 10 JUDGE TINLEY: -- budget amendment request, as 11 opposed to Item 2? 12 COMMISSIONER OEHLER: But not for a new vehicle. 13 JUDGE TINLEY: Yeah. Yeah, okay. I have a motion 14 and second. Question or discussion? All in favor of the 15 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 carried. Budget 20 Amendment Requests 1 through 4, as shown by the other 21 particular delineation there -- 22 COMMISSIONER LETZ: There is an old date on it. 23 JUDGE TINLEY: 28 March. But so is the one we got 24 here. 25 COMMISSIONER LETZ: It was in my box, I promise. 4-25-11 101 1 JUDGE TINLEY: Okay. I've not seen it. 2 COMMISSIONER LETZ: Do you have it, Buster? 3 COMMISSIONER BALDWIN: I have one more item on 4 here. 5 COMMISSIONER LETZ: Well, y'all just, you know, 6 must not be in the loop. 7 COMMISSIONER BALDWIN: We're not in the loop. This 8 may be another issue that Mr. Oehler can address. 9 COMMISSIONER LETZ: Is there another one? 10 MS. HARGIS: I only have one that's dated 28 March. 11 COMMISSIONER LETZ: That's it. That's the one I'm 12 looking at. That's this one. 13 JUDGE TINLEY: Okay. 14 MS. HARGIS: It should have been in your box. 15 Because of the holidays, we wait to get the budget 16 amendments, because we -- we look at the computer runs to 17 make sure that -- that we don't have anybody out of budget, 18 and so we have to wait till the checks are generated before 19 we do that. 20 COMMISSIONER LETZ: Why don't you go over it, since 21 I'm the only one on the Court that has it. 22 MS. HARGIS: Okay. The first one is for Precinct 23 3. This is for vehicle repair/maintenance and telephone. 24 There wasn't enough money in his telephone line item, so we 25 had to increase that by moving $150 into there. That should 4-25-11 102 1 cover it to the end of the year. For some reason, he didn't 2 budget his telephone. 3 COMMISSIONER OEHLER: Environmental Health -- 4 COMMISSIONER OVERBY: Who was that again? 5 MS. HARGIS: That was Constable, Precinct 3. 6 COMMISSIONER LETZ: Pass that down there. 7 COMMISSIONER OVERBY: Thanks, Jon. 8 MS. HARGIS: Environmental Health, he's requested 9 additional funds -- 10 COMMISSIONER BALDWIN: I'm sorry, go ahead. 11 MS. HARGIS: -- for gas of $1,000. Item Number 3, 12 Environmental Health again, has taken $1,000 from his cleanup 13 to vehicle maintenance and repair. I'm sure this all has to 14 do with the fact that our gas is costing more than we 15 originally budgeted. As you recall, we budgeted about $2.40, 16 I believe is what we used. The Ag Extension Service, the 17 same situation. They're moving money from their travel line 18 item to their fuel line item. 19 COMMISSIONER LETZ: Move approval of all four. 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the designated budget amendments. Question or 23 discussion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 4-25-11 103 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion carries. Do we have late 4 bills? 5 MS. HARGIS: Yes, you do have. 6 JUDGE TINLEY: There are, looks like, seven of 7 them. They appear to be somewhat routine. 8 MS. HARGIS: Yes, they are. 9 COMMISSIONER LETZ: Move approval. 10 JUDGE TINLEY: I have a motion. Do I hear a 11 second? 12 COMMISSIONER OVERBY: I'll second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carries. I've been presented 20 with monthly reports from Justice of the Peace, Precinct 4, 21 and Road and Bridge for January, February, and March 2011. 22 Do I hear a motion that the indicated reports are approved as 23 presented? 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER BALDWIN: Second. 4-25-11 104 1 JUDGE TINLEY: Motion made and seconded that the 2 indicated reports are approved as presented. Question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. Let's move 9 to item -- Section 5 of the agenda, reports from 10 Commissioners in connection with their liaison or other 11 designated assignments. Commissioner Overby? 12 COMMISSIONER OVERBY: Yeah, I just have one thing 13 I'd like to mention to you Commissioners and the Judge. I'll 14 be attending our AACOG meeting this Wednesday in San Antonio, 15 but I wanted to bring to the Commissioners Court attention 16 that Gloria Arriaga, who's been serving with AACOG for over 17 40 years, been Executive Director for many, many years in 18 representing our area, has announced her retirement effective 19 immediately last week. There will be an executive director 20 who will be named that we will make an appointment for an 21 interim position that will be selected this Wednesday. Many 22 of you know Dean Danos who's down there. He's a very capable 23 person in leading during this transition time while we look 24 at that. Gloria did an outstanding job with AACOG, and I 25 know that we wish her the very best. Forty years of service 4-25-11 105 1 in that area, and doing a lot in leading that area; she's 2 been very appreciated, and I thought I'd just bring that to 3 your attention. And we'll be starting that interim process, 4 moving forward from there. That's all I got. 5 JUDGE TINLEY: Commissioner Letz? 6 COMMISSIONER LETZ: Nothing. 7 JUDGE TINLEY: Commissioner Oehler? 8 COMMISSIONER OEHLER: No, thank you. 9 JUDGE TINLEY: Commissioner Baldwin? 10 COMMISSIONER BALDWIN: No, thank you. 11 JUDGE TINLEY: Okay. I gather you're going to 12 carry our ARRPO list down there? 13 COMMISSIONER OVERBY: Yeah, that will go Wednesday. 14 That list will go with me. 15 JUDGE TINLEY: Okay, good enough. Do we have any 16 reports from elected officials or department heads? 17 Ms. Hyde? 18 MS. HYDE: I sent you, Judge, and Jeannie a copy of 19 the new worker's comp for 2012. It went down another three 20 cent. So, part of the rationale that we received back from 21 them is our safety program and the training that we've been 22 doing during the last 12 months. So, when we started this in 23 2006, after -- I never say his name right, the curly -- 24 JUDGE TINLEY: Larry Boccaccio. 25 MS. HYDE: Thank you. He helped with that, and you 4-25-11 106 1 guys were at 32 cent. 32. And we've gone down to .13 for 2 2012. So, a lot of gains. 3 JUDGE TINLEY: Thank you. 4 COMMISSIONER OEHLER: Save on one thing and spend 5 it on something else. 6 JUDGE TINLEY: Well, you know, early on several 7 years ago, we were -- we had a classification in two 8 different areas -- Road and Bridge, which is not all that 9 common -- uncommon, rather, because of the type of work they 10 do, the equipment that they work with and so forth, was 11 classified as extra hazardous. 12 COMMISSIONER OEHLER: Mm-hmm. 13 JUDGE TINLEY: But we also had it for our 14 administrative operations. And Mr. Boccaccio with TAC was 15 very, very helpful in getting us through that process, 16 getting us off the watch list, as it were, by the Workers 17 Compensation Commission, and over this period of time we've 18 reduced our worker's compensation cost by approximately 19 two-thirds. 20 COMMISSIONER OEHLER: Mm-hmm. 21 JUDGE TINLEY: And that can amount to a bunch of 22 money, 'cause it's figured on gross payroll, and that -- that 23 can be a bunch of dough. And that is a very, very good 24 thing. Thank you. Sheriff? 25 SHERIFF HIERHOLZER: Only thing I have is our jail 4-25-11 107 1 population this morning was 148. It's been up in the 150's, 2 even got up to 160 one day last week, but dropped down. So, 3 I'm still looking at the minimum security housing issue; I 4 visited with several of y'all about that, and I'll continue 5 to look and see if that would be better or more feasible for 6 the county. T.D.C. should be here this afternoon to start 7 constructing the cross-fence for the garden area tomorrow. 8 And the water lines are being made for it, so -- and the soil 9 sample's already been given to Mr. Walston with -- with 10 County Extension, and hopefully we'll see where we're going 11 with that, if the City doesn't restrict our water usage too 12 much. We just have to look at it at this point. Other than 13 that, that's it. 14 JUDGE TINLEY: What's the possibility of drilling a 15 well out there, Sheriff? 16 SHERIFF HIERHOLZER: You get the money and we'll 17 get it drilled. 18 JUDGE TINLEY: Any other elected officials? 19 Department heads? Ms. Bolin? 20 MS. BOLIN: Our collections are at 94.11, which is 21 up .20 from last year still. 22 JUDGE TINLEY: From the same time last year? 23 MS. BOLIN: Yes, sir. 24 JUDGE TINLEY: Okay, good. 25 MS. BOLIN: And we have moved all the election 4-25-11 108 1 stuff out to J.D.C. Early voting begins on Monday for the 2 city elections, and every -- all the counting and everything 3 will be done out there at the Juvenile Detention Center. 4 JUDGE TINLEY: The actual conduct of the elections, 5 you're talking about? 6 MS. BOLIN: No, the counting and everything. The 7 conduct, they'll have early voting at the Cailloux, and for 8 the Ingram city out at the school. 9 JUDGE TINLEY: I wanted to make that distinction, 10 because that's where all the equipment and whatnot is being 11 stored now, is out at the Juvenile Detention Facility. 12 MS. BOLIN: Right, and all the training will go on 13 out there. They'll pick up everything out there, take 14 everything out there. All the counting, everything will be 15 done out there from now on. 16 JUDGE TINLEY: Okay. Thank you, ma'am. Anybody 17 else? Okay. Well, great. We've got a couple of executive 18 session items, so at this time, the Court will go out of open 19 or public session, and it is 11:38 a.m., for purposes of 20 executive or closed session. 21 (The open session was closed at 11:38 a.m., and an executive session was held, the transcript of which 22 is contained in a separate document.) 23 - - - - - - - - - - 24 JUDGE TINLEY: Okay, it's 11:56 and we are back in 25 open or public session. Does any member of the Court have 4-25-11 109 1 anything to offer in connection with agenda Item Number 14? 2 Consider, discuss, and take appropriate action, including 3 conferring with County Attorney regarding Texas Property Code 4 proceedings involving the Arrowhead bridge -- Arrowhead Road. 5 COMMISSIONER OEHLER: I don't know. That's a tough 6 one. I'll move that we -- we give Dr. McCubbin until this 7 Friday to sign the documents that were sent to him for 8 temporary license or easement, and if that doesn't occur, 9 then the prior court order to move forward with condemnation 10 will go forward. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: Motion made and seconded as 13 indicated. Question or discussion? 14 MR. HENNEKE: Would that be the temporary 15 construction license as-is, as it was sent over? 16 COMMISSIONER OEHLER: As it was sent over. Isn't 17 that the way? I mean, that's -- 18 JUDGE TINLEY: As prepared by TexDOT. 19 MR. HENNEKE: That's their form. 20 COMMISSIONER OEHLER: Exactly. 21 JUDGE TINLEY: Further question or discussion? All 22 in favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 4-25-11 110 1 JUDGE TINLEY: The motion carries. Item 15; 2 consider, discuss, take appropriate action regarding possible 3 sale of real estate in Ingram and costs related thereto. Any 4 member of the Court have anything to offer in connection with 5 that particular item? 6 COMMISSIONER OEHLER: I move we move forward with a 7 fee appraisal on the property that we own in Ingram that was 8 the old county yard, to allow us to establish a -- a value so 9 that we can move forward with the sale. 10 COMMISSIONER OVERBY: I'll second that. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion? 13 COMMISSIONER LETZ: And the amount of that is not 14 to exceed $750. 15 COMMISSIONER OEHLER: Not to exceed 750. Dollars, 16 not 750,000. 17 JUDGE TINLEY: Further question or discussion? All 18 in favor of the motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion carries. Anything else to 23 come before the Court this morning? We'll be adjourned. 24 (Commissioners Court adjourned at 11:59 a.m.) 25 - - - - - - - - - - 4-25-11 111 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 28th day of April, 2011. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-25-11