1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, August 5, 2013 11 1:30 p.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 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X August 5, 2013 2 PAGE 1.4 Consider/discuss, take appropriate action to 3 close one block of Avenue C between China Street and First Street in Center Point on Saturday, 4 August 10, 2013, from 9-12 3 5 1.1 Consider/discuss, take appropriate actions to approve the $2 electronic filing transaction fee 6 for District Clerk, County Clerk & Justice Courts 4 7 1.2 Consider/discuss, take appropriate action to set public hearing on County Clerk's written archival 8 plan 7 9 1.3 Consider/discuss, take appropriate action to approve charging publication fees for revision 10 of plats as authorized by Local Government Code 8 11 1.5 Consider/discuss, take appropriate action to approve the purchase of vehicles from reallocated 12 funds from 2012 Certificate of Obligation funding 9 13 1.9 Consider/discuss, take appropriate action regarding engineering plan for Kerrville South 14 wastewater system 14 15 1.8 Consider/discuss, take appropriate action to offer health benefits coverage to Kerr County 16 employees who retire after August 5, 2013 15 17 2.1 Pay bills 20 18 1.6 Consider/discuss, take appropriate action to re- assign designated county employee(s) and/or modify 19 job description and/or supervisory responsibility of personnel in Road and Bridge, Environmental 20 Health, and/or Animal Control (Executive Session) 24 21 1.7 Consider/discuss, take appropriate action to effect modification of job responsibilities 22 and/or compensation levels of designated county employees, reassignment, elimination and/or 23 establishment of new positions of designated county employees, and/or otherwise effect changes 24 as shown by and/or recommended by MGT study requested by Kerr County (Executive Session) 31 25 --- Adjourned 33 3 1 On Monday, August 5, 2013, at 1:30 p.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 afternoon, ladies and 8 gentlemen. Let me call to order this special meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, August the 5th, 2013, at 1:30 p.m. It 11 is that time now. The first item on the agenda -- wait a 12 minute. We're going to need to pass on that for now, aren't 13 we? Let's go to Item 3; to consider, discuss -- well, no, 14 let's go to 4; consider, discuss, take appropriate action to 15 close one block of Avenue C between China Street and First 16 Street in Center Point on Saturday, August the 10th, 2013, 17 from 9 a.m. to 12 noon for the purpose of distributing free 18 school supplies at a back-to-school block party sponsored by 19 First Baptist Church of Center Point. Commissioner Moser? 20 COMMISSIONER MOSER: Thank you very much. Kathy 21 requested that we put this on the agenda. This has been done 22 in the past, and how many years? 23 THE REPORTER: Seven, something like that. 24 COMMISSIONER MOSER: Seven years, something like 25 that. Same thing; close it for three hours. It needs a 8-5-13 4 1 court order to do it, so I make a motion that we close 2 Avenue C between China Street and First Street from 9 a.m. to 3 12 noon on August the 10th. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: Motion made and seconded. Question 6 or discussion on that motion? All in favor of that motion, 7 signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Let's go 12 back to Item 1; to consider, discuss, and take appropriate 13 action to approve the $2 electronic filing transaction fee as 14 per House Bill 2302, Subchapter C, Chapter 72 Government 15 Code, Section 72.031(c), for the District Clerk, County 16 Clerk, and Justice Courts. Ms. Pieper? 17 MS. PIEPER: Yes. Gentlemen, this is a new fee 18 that the State has authorized us to charge if we're going to 19 be the doing the electronic fees, and this fee is to cover 20 the software or hardware that the I.T. people will have to 21 purchase, so this is just to reimburse that. 22 COMMISSIONER BALDWIN: John, are you in tune with 23 that? 24 MR. TROLINGER: Yes, sir. It's for electronic 25 filing; it's a new mandate. All -- everyone has to file 8-5-13 5 1 electronically. 2 COMMISSIONER BALDWIN: State law? 3 MS. PIEPER: Yes, state law. 4 MR. TROLINGER: Civil courts. And to help us with 5 that purchase of hardware required, and we do have to 6 purchase hardware, that will help cover the -- defray that 7 expense. 8 COMMISSIONER BALDWIN: And the new law's in effect 9 already and everything, huh? 10 MS. PIEPER: As of September. For each civil case 11 coming in, it will be $20 that we send to the state, plus $2 12 that we keep to offset our cost, and we'll have to make a 13 report to O.C.A. as to why we're charging this, which it's to 14 offset our cost. 15 COMMISSIONER BALDWIN: Mm-hmm. 16 MS. PIEPER: To implement it. 17 COMMISSIONER MOSER: Any idea how much we'll be in 18 the hole for this mandated requirement and token fee? 19 MR. TROLINGER: Well, initially, it looked like we 20 were going to be about $7,500 in the hole, but since we 21 already electronically file -- we've done this for -- the 22 District and County Clerk have done this for several years 23 now -- it costs us nothing to start at the beginning of the 24 year. 25 COMMISSIONER MOSER: Okay. 8-5-13 6 1 MR. TROLINGER: But to integrate the system, to 2 streamline it, we need to purchase the hardware long-term, so 3 the next year or two will be -- and this will cover that 4 cost. 5 COMMISSIONER MOSER: But we will be -- it's a 6 negative. 7 MS. PIEPER: The County and District Clerk will be 8 required to do e-filing, but I'm not sure if the J.P.'s are 9 required, so that's why I went ahead and included them, just 10 in case they require the civil filing. 11 COMMISSIONER MOSER: Cost-wise, it's still a net 12 negative for us. 13 JUDGE TINLEY: A net negative that we hope we can 14 recover. 15 COMMISSIONER MOSER: Net negative that we hope we 16 can recover. 17 MR. TROLINGER: I figured we'd have around $8,000 18 in this fund. I was just -- those are just some numbers I -- 19 COMMISSIONER MOSER: Okay. 20 MR. TROLINGER: -- looked at, and I figured it 21 would cover the cost of the hardware. 22 COMMISSIONER MOSER: Okay. Well, we got to do it 23 anyway. 24 COMMISSIONER BALDWIN: Move for approval. 25 COMMISSIONER OEHLER: Second. 8-5-13 7 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the agenda item. Further question or discussion? 3 All in favor, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carries. Let's go to Item 2; 8 consider, discuss, take appropriate action to set a public 9 hearing on the County Clerk written archival plan. 10 Ms. Pieper? 11 MS. PIEPER: Gentlemen, this is something that I 12 have to do every year in order to spend any of the records -- 13 record archival money. So, I have written out a plan, and we 14 have to have a public hearing on it, which nobody ever comes, 15 but that's one of the requirements. And then y'all approve 16 it with the original budget. 17 COMMISSIONER BALDWIN: When is the public hearing? 18 JUDGE TINLEY: August 26, 2013. At what time, 19 Ms. Pieper? 20 MS. PIEPER: I didn't specify a time. Jody, is 21 there a particular time? Do you know? 22 MS. GRINSTEAD: I don't have that -- 23 (Discussion off the record.) 24 MS. PIEPER: 10 a.m.? 25 COMMISSIONER BALDWIN: So moved. 8-5-13 8 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded to set a 3 public hearing on the matter August 26th, 2013, at 10 a.m. 4 Further question or discussion on that motion? 5 COMMISSIONER BALDWIN: Where -- where is this 6 public hearing? 7 MS. PIEPER: Here in the courtroom. 8 JUDGE TINLEY: In connection with our regular 9 meeting that day. 10 COMMISSIONER BALDWIN: Okay. I don't want to be 11 late to that one. 12 JUDGE TINLEY: Any further question or discussion? 13 All in favor, 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: Motion carries. Let's go to Item 3; 18 to consider, discuss, and take appropriate action to approve 19 charging the publication fees for the revision of plats, as 20 authorized by Senate Bill 552, Section 232.041 of the Local 21 Government Code. Ms. Pieper? 22 MS. PIEPER: Gentlemen, this is one of the 23 legislations -- bills that -- that I've worked on with our 24 association for quite some time, because every time we have 25 to have a publication, the County has to eat that money. So, 8-5-13 9 1 this allows the Commissioners Court to set the actual amount 2 of the publication so that we're not out any money. 3 JUDGE TINLEY: Just requires reimbursement of 4 whoever's asking for the revision of plat to pay that 5 publication fee? 6 MS. PIEPER: Correct. 7 JUDGE TINLEY: Instead of the rest of the 8 taxpayers. 9 MS. PIEPER: Correct. 10 JUDGE TINLEY: Makes sense. 11 COMMISSIONER BALDWIN: So moved. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER MOSER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval. 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 5, if we might; to consider, discuss, and take 22 appropriate action to approve the purchase of a vehicle for 23 Juvenile Probation, Juvenile Detention, Environmental Health, 24 and Road and Bridge from reallocated funds from the 2012 25 Certificate of Obligation funding. 8-5-13 10 1 MS. HARGIS: This is a new one. 2 JUDGE TINLEY: Ms. Hargis? 3 MS. HARGIS: This is a new one. I've removed -- do 4 you need it? I've removed the Ag Extension center, but now 5 we have included the Road and Bridge oil distributor truck. 6 The Road and Bridge Department is short this amount of funds 7 to be able to purchase that truck, and the one they have is 8 working okay, but it's an '84, and he needs to buy a new one. 9 And we -- you all got a copy of that bid last time, and he is 10 14,000 short. We have purchased the truck for Animal 11 Control, and we do have the courthouse vehicle. It's 12 downstairs in the probation -- Juvenile Probation parking 13 spot. We need a tag on it before anybody starts driving it. 14 So, once the bills are paid, I can go over and get the title, 15 get it tagged. 16 COMMISSIONER BALDWIN: I hate to ask this question, 17 but I'm going to. The digital conversion money. 18 MS. HARGIS: Yes, sir? 19 COMMISSIONER BALDWIN: Why is it that we're -- we 20 have that much money lying there? 21 MS. HARGIS: You have to do a bond issue for the -- 22 what the intent of the issue is. There was not enough funds 23 to purchase a digital system, so those funds are remaining. 24 So, once they can't be spent for that purpose, it has to come 25 back to Court to be reallocated according to what the 8-5-13 11 1 Commissioners Court would like to reallocate it for. 2 COMMISSIONER BALDWIN: Thank you. I have no 3 further questions, Judge. I'd like to make a motion that we 4 approve it. 5 JUDGE TINLEY: All right, sir. 6 COMMISSIONER OEHLER: I'll second it. 7 JUDGE TINLEY: We have a motion and a second for 8 approval of the agenda item, as specified on the summary 9 given to us. Further question or discussion on that motion? 10 Sheriff? 11 SHERIFF HIERHOLZER: What about the 65,000 to 12 correct the issue we had here at the courthouse with the 13 radio system? 14 MS. HARGIS: That was already approved, because 15 it -- it's radio equipment, so it can be used. 16 SHERIFF HIERHOLZER: But you have the full amount 17 here. I didn't know if it's still going to leave us enough, 18 'cause I don't have the final cost of that issue yet. 19 MS. HARGIS: You still have 292,000. 20 SHERIFF HIERHOLZER: Left in it? 21 JUDGE TINLEY: I think we're just -- we're waiting 22 on the information from Dailey Wells that you had indicated 23 you thought was forthcoming? 24 SHERIFF HIERHOLZER: Yes. 25 JUDGE TINLEY: Okay. 8-5-13 12 1 SHERIFF HIERHOLZER: Just haven't received it yet. 2 MS. HARGIS: They don't have to reallocate that, 3 because that's an approved item. 4 JUDGE TINLEY: Any further question or discussion? 5 SHERIFF HIERHOLZER: And then will that still leave 6 us being able to get vehicles in the coming year? 'Cause 7 there are none of those asked for in the -- in the budget. 8 We were counting on this for the next four or five years for 9 vehicles. 10 MS. HARGIS: May I suggest we get this done with 11 your radios, and then bring it back? 'Cause I didn't ask 12 them to reallocate the 292; I just asked for this. 13 SHERIFF HIERHOLZER: Okay. So, in the original -- 14 let me stand up, sorry. In the original deal, there was 15 enough when we had set out to get vehicles for five years, 16 okay, what it was spread out for. And we've -- we didn't get 17 any the first year. We did this last year, all right. So, 18 are we -- all I'm asking is, are we still going to have 19 enough to get vehicles this coming year? I'll need at least 20 four vehicles, because I have not asked for any, 'cause none 21 of us did ask for anything in our capital outlay. So, if I 22 get four vehicles this coming year at a price of 40,000 to 23 42,000 a vehicle, that's at least 200,000, okay? Little over 24 200,000. And then -- 25 MS. HARGIS: 168. 8-5-13 13 1 SHERIFF HIERHOLZER: Sorry. Okay, not quite 2 200,000. 3 MS. HARGIS: You still have -- you still have 4 300 -- almost 350,000 left in that line item. That's not 5 included in here at all. 6 SHERIFF HIERHOLZER: Okay. 'Cause some of these 7 other things aren't out of ours. I just don't want to get in 8 a bind. I don't have a problem, but I don't want to get in a 9 bind. 10 MS. HARGIS: You had 500,000 for those. We haven't 11 touched that, other than you bought four vehicles, and that 12 was 135. You have the rest of that money to spend on 13 vehicles. 14 SHERIFF HIERHOLZER: Well, you're reallocating 135. 15 I just wanted to make sure. 16 JUDGE TINLEY: Well, there are other departments 17 that have needs also, Sheriff. We're going to try and take 18 care of you for this year. Now, looking forward, that may be 19 another issue, but we -- 20 MS. HARGIS: The Sheriff had two line items, to -- 21 to kind of outline the confusion here. He had one line item 22 for 500,000 for vehicles, and then the second one was for 23 radios. That's all we're talking about today, is the -- 24 JUDGE TINLEY: Is the radio allocation, yeah. 25 SHERIFF HIERHOLZER: And I submitted a letter last 8-5-13 14 1 week explaining all that reallocation, what we desired. 2 JUDGE TINLEY: Okay. We have a motion and second. 3 Further question or discussion? All in favor, signify by 4 raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Let's go to 9 Item 9 on Addendum Number 2; to consider, discuss, take 10 appropriate action regarding the engineering plan for the 11 Kerrville South wastewater system. Commissioners Moser? 12 COMMISSIONER MOSER: Thank you, Judge. I'm not 13 sure if the Court has to approve this plan before it's 14 submitted to Texas Water Development Board, but I put it on 15 the agenda just in case it was. The plan is complete. 16 Keller Drozdick from Tetra Tech is here. He did an 17 outstanding job on the thing. So, it's been, you know, a lot 18 of cooperation and detail, detail, detail work with the City 19 to make sure that the thing was compatible with their 20 requirements and with their system, since they're going to 21 take on all this work -- I mean all this treatment of this 22 wastewater once we've completed it. So, I've looked at the 23 plan. I think it's ready to go. So, I make a motion that we 24 -- if it's required -- that we so approve. 25 COMMISSIONER LETZ: Second. 8-5-13 15 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the agenda item. Any question or discussion on 3 that? Certainly, I think it's wise -- it's better to have 4 approved it when it's not needed than not to have approved it 5 when it is needed. 6 COMMISSIONER MOSER: Good, thank you. 7 JUDGE TINLEY: Any further question or discussion? 8 All in favor, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go 13 back to Addendum Number 1; to consider, discuss, and take 14 appropriate action to offer health benefits coverage to Kerr 15 County employees who retire after August 5, 2013, such new 16 retiring employees to pay the full cost of such coverage, 17 with the offering of such coverage to be renewable annually 18 by Commissioners Court, and the election of the retiring 19 employee to obtain such coverage must be done at each annual 20 enrollment, and in the event coverage is declined by retired 21 employees, such employee may not thereafter be eligible to 22 obtain such coverage. Now, Ms. Lantz? 23 MS. LANTZ: This was put on the agenda at the 24 request of the last meeting that we had, and after looking at 25 the feasibility of employees that are eligible to retire, we 8-5-13 16 1 do have some with 25 years of service at age 50 who are 2 eligible to hit their 75-year requirement with T.C.D.R.S. 3 And in doing so, I contacted Texas Association of Counties to 4 see how it would affect our plan. With that being said, 5 currently the retirees we do have on the plan will be 6 grandfathered in where we still cover a portion of their 7 retirement. However, anybody new coming onto the plan would 8 have to pay the total cost of that insurance coverage for 9 themselves. And so I'm just bringing this to the Court for 10 consideration, if that is something that they're wanting to 11 do. 12 COMMISSIONER LETZ: This is the issue that, I 13 think, Rusty brought forward. Didn't you bring it forward? 14 MS. LANTZ: Yes. 15 COMMISSIONER LETZ: And this change will allow an 16 employee that retires with at least 25 years experience to 17 pay for their -- you know, under our current health -- 18 whatever the health care is, that plan that year, they'll pay 19 the full cost of that for health insurance? 20 MS. LANTZ: Yes, with renewing every year, 21 depending -- if our coverage goes down and they renew the 22 following year, then it will go down. But whatever -- 23 COMMISSIONER LETZ: It'll be the same. And is 24 there a -- is there a cost -- 25 MS. LANTZ: To the County? 8-5-13 17 1 COMMISSIONER LETZ: Yes. 2 MS. LANTZ: No, there would be no cost to the 3 County. The only thing, their evidence of insurability, 4 they'll be able to keep that where they don't have to go out 5 into the market to find insurance coverage. 6 COMMISSIONER LETZ: I mean, I don't see a reason 7 not to do this. Is there a reason we shouldn't? I mean -- 8 COMMISSIONER MOSER: Must be something hiding. 9 COMMISSIONER LETZ: Something must be hiding. 10 JUDGE TINLEY: Got to be a hook here somewhere, 11 huh? 12 MS. LANTZ: It gives those that -- that are wanting 13 to retire, instead of having to wait till age 60 to get 14 insurance, they're eligible to retire with their years of 15 service, and with T.C.D.R.S., they'll have it. 16 COMMISSIONER LETZ: But there's no down side, 17 really, to -- 18 MS. LANTZ: No, not to the County at all. 19 COMMISSIONER LETZ: I move approval. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded to approve 22 the agenda item. Further question or discussion? All in 23 favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-5-13 18 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Ms. Lantz, 3 you'll get that election in to -- 4 MS. LANTZ: Yes, I will. 5 JUDGE TINLEY: -- in to TAC? All right, good. 6 We've got two more items on this agenda which are executive 7 session items. 8 COMMISSIONER LETZ: Judge, I think the -- the 9 second -- 1.7, I'm not sure that's really executive session. 10 It's possible there may be, but very limited. Most of that, 11 to me, is discussing the MGT plan. I mean, I don't -- I 12 mean, it's just basically going over their -- or not their 13 plan. Really, it's their findings. I mean, it makes no 14 difference to me what order you want to do this. 15 JUDGE TINLEY: Well, trying to -- you know, we've 16 also got a workshop, which may cause us to want to come back 17 to some of these items. 18 COMMISSIONER LETZ: Want to do the workshop first? 19 JUDGE TINLEY: We may want to do the workshop and 20 then come back to these items. 21 COMMISSIONER MOSER: That's a good idea. 22 JUDGE TINLEY: Either way, because it's kind of all 23 wound into one big ball of wax, as it were. You have a 24 preference, Commissioner Baldwin? 25 COMMISSIONER BALDWIN: No, sir. I just -- you 8-5-13 19 1 know, I just think that -- I'm wondering, is he planning on 2 talking about specific employees and specific positions? 3 COMMISSIONER LETZ: Yes. Am I? 4 COMMISSIONER BALDWIN: Yeah. 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER MOSER: That would be executive 7 session. 8 COMMISSIONER LETZ: That part's executive session. 9 It needs to be. 10 COMMISSIONER BALDWIN: Well, in this agenda item, 11 though, 1.7, it looked like specific stuff to me. 12 COMMISSIONER LETZ: Yeah, some, but most of it's 13 not. Most of it's just -- I mean -- Dawn, did everybody get 14 this? 15 MS. LANTZ: Just the Court. 16 COMMISSIONER LETZ: Just the Court? 17 MS. LANTZ: Everyone on the Court has it. 18 COMMISSIONER LETZ: Okay. 19 COMMISSIONER BALDWIN: God, that makes me feel 20 important. 21 COMMISSIONER MOSER: Why don't we do the workshop 22 and then come back? 23 JUDGE TINLEY: All right with you? 24 COMMISSIONER BALDWIN: Yes, sir, that'd be great. 25 JUDGE TINLEY: Okay. Let me recess the 8-5-13 20 1 Commissioners Court -- well, first, let's go ahead and get 2 the bills paid for them, okay? Let's go to Item 2.1, payment 3 of the bills. We got some bills here that we need to take 4 care of as long as we're here. 5 MS. HARGIS: Basically, we have -- the bills are 6 for paying for the -- the vehicle that we purchased for the 7 courthouse, and then Tetra Tech for Center Point engineering, 8 which we have the funds for. And there are two projects in 9 here for Tetra Tech; there are two checks. One is for 10 Kerrville South, so that it has to be separate. The other 11 one is for Center Point. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER MOSER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval to pay the indicated bills. Question or discussion? 16 All in favor, 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. Okay. At 21 this point, I will recess the Commissioners Court meeting and 22 I will call to order the Commissioners Court workshop 23 scheduled for Monday, August 5, 2013, at 1:45. 24 (The regular Commissioners Court meeting was closed at 1:52 p.m., and a workshop was held, the 25 transcript of which is contained in a separate document.) 8-5-13 21 1 JUDGE TINLEY: Let me reconvene the Commissioners 2 Court meeting, and let's first go back to Commissioner 3 Baldwin. 4 COMMISSIONER BALDWIN: Yes, sir. Thank you very 5 much. Jeannie, I want to talk to you -- ask you a question 6 or two about this purchase of the vehicles. On your list 7 here, it shows that two of -- two of these already have been 8 approved, so that means that they're in the budget? 9 MS. HARGIS: They have already been purchased. 10 COMMISSIONER BALDWIN: Already been purchased. So, 11 they are not included in whatever it was we did today, then. 12 MS. HARGIS: No, they are not. 13 COMMISSIONER BALDWIN: Okay. So -- 14 MS. HARGIS: But I wanted you to see them on there 15 so that you had a general idea. 16 COMMISSIONER BALDWIN: I appreciate that. That's 17 good. So, what we did -- what we purchased today was 18 Environmental Health, Environmental Health equipment, 19 Juvenile Probation, Juvenile Detention, and couple of other 20 things. Is that -- is that the cars that we -- 21 MS. HARGIS: Yes. 22 COMMISSIONER BALDWIN: -- purchased? 23 MS. HARGIS: Yes. You will -- and you're assisting 24 Road and Bridge to purchase the 157,000. He just needed 25 another 14. 8-5-13 22 1 COMMISSIONER BALDWIN: Right. 2 MS. HARGIS: So that -- he has 157 left in his 3 capital account from the 2012 issue. 4 COMMISSIONER BALDWIN: Do you have anything to add? 5 Thank you very much. 6 JUDGE TINLEY: Okay. Is that all you got on that 7 one, Commissioner? 8 COMMISSIONER BALDWIN: Yes, sir, it is. Thank you 9 very much. 10 JUDGE TINLEY: Okay, good. Good. At this time, I 11 will recess the public or open session of the Commissioners 12 Court meeting for the purposes of going into executive 13 session. It is now 2:42 p.m. 14 (The open session was closed at 2:42 p.m., and an executive session was held, the transcript of which 15 is contained in a separate document.) 16 - - - - - - - - - - 17 (Commissioner Baldwin not present.) 18 JUDGE TINLEY: Okay, let's come back to order, if 19 we might. We are back into open or public session at 3:45 -- 20 excuse me. Looks like we've got -- first off, let me ask if 21 there's any member of the Court that has anything to offer in 22 connection with the matters considered in executive session. 23 COMMISSIONER LETZ: Judge, I'll make a motion that 24 we -- how to phrase it -- we move the Animal Control 25 Department under Ray Garcia, and so his -- Ray Garcia will 8-5-13 23 1 now be over Environmental Health Department, O.S.S.F., and 2 Animal Control. 3 COMMISSIONER OEHLER: I'll second that. 4 JUDGE TINLEY: We have a motion and a second. 5 Question or discussion on that motion? All in favor of that 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. 11 COMMISSIONER OEHLER: When is the effective date of 12 that? October 1? Or -- 13 COMMISSIONER LETZ: I'd say effective immediately. 14 COMMISSIONER OEHLER: Immediately? 15 JUDGE TINLEY: Okay. If not stated otherwise, it 16 would be effective immediately. Any other action to be 17 offered by -- 18 COMMISSIONER LETZ: I'll make a motion that we move 19 Indigent Health Care under the control -- or under the 20 supervision of H.R. Department. 21 COMMISSIONER OEHLER: Second that motion. 22 JUDGE TINLEY: Motion made and seconded as 23 indicated. Question or discussion on that motion? All in 24 favor of that motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 8-5-13 24 1 JUDGE TINLEY: All opposed? 2 (No response.) 3 JUDGE TINLEY: Motion carries. Any other action? 4 COMMISSIONER LETZ: No, sir, not at this time. 5 COMMISSIONER OEHLER: That's enough. 6 JUDGE TINLEY: Okay. Let's do Item Number 6; 7 consider, discuss, take appropriate action to reassign 8 designated county employees and/or modify job description 9 and/or supervisory responsibility of personnel in Road and 10 Bridge, Environmental Health, or Animal Control. Any member 11 of the Court have anything further to discuss or ask in 12 connection with that? 13 COMMISSIONER LETZ: Let me make a general 14 statement. I know there's a lot of employees here, and, you 15 know, we're still looking at the MGT study. We are 16 authorizing Dawn Lantz to prepare for each department their 17 portion of the changes, so y'all can look at them, as well as 18 all the new job descriptions that are going to be given to 19 each department head to look at for your office. And -- and 20 the idea being, I think next Monday we'll try to wrap this 21 up. In general, we've discussed quite a bit, I think, or the 22 Judge has, about trying to move all the of the 15's -- or 23 14's to 15's. The study did not really bear that out, that 24 we should do that. There was a -- a lot of the 14's were 25 moved to 15's. Some of the 14's stayed 14's, and it was 8-5-13 25 1 based on job function and what they were doing, and based on 2 the MGT study, so that those changes are there. There are, 3 you know, not a lot by any means, but there certainly are 4 some, based on the information that was received from the 5 employees and from the supervisors. 6 You know, they couldn't see that -- you know, say, 7 for example, there was a Level 20 and an 18 in an office, and 8 the people are doing the same work. They moved them both to 9 the same level, generally the upper level. I don't think any 10 of them went down like that. That happened -- not a lot, but 11 there were several offices where they couldn't see a 12 distinction in job functions based on what was -- and that 13 was equalized. There was, you know, some general ones. Kind 14 of -- I guess one of the larger ones, they didn't see a great 15 difference between our Juvenile Detention officers and the 16 jailers and what they were actually doing, so there's some 17 equalizing there. The equalizing I don't think is going to 18 happen all this year; I don't think we can afford it. And 19 we're still looking at the study. We want to make sure we 20 get it right. And I think -- but we certainly want to get -- 21 you know, right now the full report has names on it. That's 22 why it's -- it's going to department heads with names on it; 23 that's not a problem. But trying to get it ironed out, and 24 any changes or mistakes people see, please get with H.R. and, 25 you know, we'll go from there. 8-5-13 26 1 JUDGE TINLEY: The job descriptions that 2 Commissioner Letz referred to, those are draft job 3 descriptions that are going to the elected officials and 4 department heads. If you see some corrections or additions 5 or modifications that need to be made, certainly, feel free 6 to give us your input on that. With regard to some of these 7 adjustment of compensation levels in the budget this year, I 8 am trying by classification to do as much as we can within 9 the resources that we have. Certainly, in all those cases 10 where 14's were recommended to 15's, I've tried to include 11 every one of those. Where there were disparities for some 12 folks doing the same thing, and there was equalization done 13 there, I've tried to include those. 14 There were a couple of areas -- notably, I think, 15 in probably Road and Bridge and Juvenile Detention, where 16 there was a recommendation for a pretty good gap increase, 17 several grades, for example. The resources that -- that we 18 have available don't allow us to bite off that big chunk in 19 one year. What I've tried to work with the Auditor to do 20 there is to go at least one full grade. I want those folks 21 to know that we're operating in good faith to implement -- to 22 try and get them where they belong, and hopefully in future 23 years, we can get them to where they belong. But I tried to 24 do it by classification, but within the resources that we've 25 got available. I've just done the best I can to be 8-5-13 27 1 reasonably fair about it across the board. So, some of you 2 may be individually affected by it more or less. All I can 3 say is we're going to try to get you to where you are. If 4 you've got some additional increases coming, we just don't 5 have the resources this year. I think that's pretty much it. 6 COMMISSIONER LETZ: And I think there are two that 7 I can think of where there's a question of whether the 8 persons were really supervisors or not, and that's addressed 9 in here. That's -- but those department heads will be 10 looking at that, and they'll have input on that before we 11 adopt the final one. 12 JUDGE TINLEY: Well, when we get -- the position 13 schedule, of course, we'll finally adopt as part of the 14 overall process. That comes to another issue, exempt versus 15 nonexempt. There are going to have to be some adjustments, I 16 think. And -- and I think with this MGT study, I believe 17 we've pretty well gotten to where we need to be, and areas 18 where we had exempt where they should be nonexempt corrected, 19 and where they were shown nonexempt and they're exempt, 20 that's been corrected. There's not a great number of those, 21 but we've tried to adjust those also. Sheriff? 22 SHERIFF HIERHOLZER: Did I hear you, Jonathan, 23 saying y'all were going to discuss or adopt or do whatever 24 more on this on Monday? 25 COMMISSIONER LETZ: It will be on our agenda for 8-5-13 28 1 Monday. 2 SHERIFF HIERHOLZER: Are we, as department heads, 3 going -- one, we'll get to see the proposal, I hope, before 4 Monday of job descriptions. 5 COMMISSIONER LETZ: Yes. Dawn -- as soon as we can 6 get them copied, she can -- 7 SHERIFF HIERHOLZER: And any of our employees that 8 the change in status as far as compensation affects, are we 9 going to get to see that? 10 COMMISSIONER LETZ: Yes. 11 SHERIFF HIERHOLZER: And have any input into that 12 that we feel may be necessary before the budget is final? 13 And -- you know, before that compensation -- 14 COMMISSIONER LETZ: You certainly have input. I 15 mean, you know, the issue -- 16 SHERIFF HIERHOLZER: If it affects our folks, 17 that's what I'm concerned with. 18 COMMISSIONER LETZ: -- pretty much -- 19 SHERIFF HIERHOLZER: On the exempt -- 20 COMMISSIONER LETZ: I don't think anyone's going to 21 be unhappy except -- 22 SHERIFF HIERHOLZER: On the exempt/nonexempt, the 23 only thing that could change in our -- as far as the 24 department heads or the elected officials, it could change 25 the amount that we need to budget or be prepared for, for 8-5-13 29 1 overtime. If some are currently non -- are exempt and you're 2 turning them into nonexempt, it could affect overtime issues 3 and things like that, that we need to be able to compare 4 forward before budget, and to be able to talk about in budget 5 hearings. 6 COMMISSIONER LETZ: Yeah. It's not -- it's not a 7 done deal, in my mind, and I think the Court's mind. We 8 still want input. I'm not trying to hold everything close to 9 the vest, but we don't want to cause a whole bunch of concern 10 about something that's not pretty close to a final product. 11 We're there. Probably 90 percent, or certainly 80 percent of 12 employees have no change. 13 SHERIFF HIERHOLZER: Well, and I can understand 14 that, but we too, as elected officials or department heads, 15 want to be able to have -- we may need to have -- or may not 16 need, I don't know, but have some say-so in it before the 17 final approval -- 18 COMMISSIONER LETZ: Sure. 19 SHERIFF HIERHOLZER: -- of everything is done, 20 certainly. 21 COMMISSIONER LETZ: Certainly. That's why we're 22 getting it to department heads and elected officials as soon 23 as Dawn can get it done, which I assume is tomorrow. 24 MS. LANTZ: We'll have the job descriptions and 25 everything with that tomorrow. 8-5-13 30 1 SHERIFF HIERHOLZER: Along with compensation? 2 Okay. 3 COMMISSIONER LETZ: It will be -- it's going to be 4 a spreadsheet; it looks like this. Basically, it shows where 5 they were, what their titles are. 6 SHERIFF HIERHOLZER: The job descriptions won't 7 just be on the spreadsheet, will it? 8 MS. LANTZ: No, you'll get a copy of that. 9 COMMISSIONER LETZ: You'll get the job description, 10 but this will have all the -- it's pretty easy to track here 11 those type of changes. It's got the detail on it. Enough 12 said. And the -- and the question I have, and I don't -- 13 I'll ask Dawn. I'm not -- I haven't asked this question. On 14 the exempt/nonexempt, this pretty much was dictated by 15 F.L.S.A. requirements, not -- 16 MS. LANTZ: And we've only had a change in one out 17 of the whole study, and there's only one that's going to be 18 affected, so we were pretty well in line. Don't look at me, 19 'cause it's not you. (Laughter.) 20 SHERIFF HIERHOLZER: But is it his employee? 21 MS. LANTZ: And it's -- I mean, it's a management 22 position. So -- 23 COMMISSIONER LETZ: Okay. My final thing I'll say, 24 I think it was a good study. I mean, hopefully y'all will 25 like the results. It didn't -- it did show we had some 8-5-13 31 1 disparities, and it's correcting them. They weren't huge, 2 but it gets us pretty much in line that, you know, people 3 doing work in one office should get paid, you know, the same 4 as they are in another office, and that was the goal. 5 JUDGE TINLEY: Let me go ahead and call this last 6 item, just to see if -- I think we've pretty well covered 7 what's there, actually, by now; to consider, discuss, take 8 appropriate action to effect modification of job 9 responsibilities and/or compensation levels of designated 10 county employees, reassignment, elimination and/or 11 establishment of new positions of designated county 12 employees, and/or otherwise effect changes as shown by and/or 13 recommended by MGT of America, Inc., study requested by Kerr 14 County. I think basically what we've said applies more to 15 that. I think the Auditor's -- those areas where we're 16 trying to plug into this year's budget increases of 17 individual departments, we've -- we've finally got all of 18 those plugged in now? 19 (Ms. Hargis nodded.) 20 JUDGE TINLEY: Okay. So, between -- between those 21 two offices, we got the numbers over here, and I guess you 22 can just give that to Dawn. She can cut and paste off of 23 that, and -- and add it to the job descriptions and portion 24 of the study for the department heads and elected officials, 25 and that should be the whole package that you were talking 8-5-13 32 1 about, Sheriff. 2 SHERIFF HIERHOLZER: That'd be good. 'Cause, you 3 know, even on job descriptions, if y'all are going to adopt 4 them, we need -- the department heads or elected officials 5 need time to be able to look through them carefully -- 6 JUDGE TINLEY: Surely. 7 SHERIFF HIERHOLZER: -- to see if we need to 8 recommend something other than adopting. If you do that 9 Monday, it just gives us kind of a short time period to get 10 through all those, those of us with larger departments. 11 COMMISSIONER LETZ: If we need more time, I don't 12 know that it has to be done on Monday. I mean, we need to 13 get it right. 14 JUDGE TINLEY: Monday would be optimum, but if -- 15 if there's additional work to be done, we'll take whatever 16 time is necessary to do it. 17 SHERIFF HIERHOLZER: Okay. 18 JUDGE TINLEY: I do want to get this whole process 19 closed up by the end of the month, though, so that the 20 Auditor's office has ample time in order to put this thing in 21 a -- in a fully accurate package as -- as we want it to be. 22 Any other member of the Court have anything to bring forward 23 under this current agenda? 24 COMMISSIONER MOSER: Not me. 25 JUDGE TINLEY: Hearing none, we'll be adjourned. 8-5-13 33 1 Thank you. 2 (Commissioners Court adjourned at 3:59 p.m.) 3 - - - - - - - - - - 4 5 6 STATE OF TEXAS | 7 COUNTY OF KERR | 8 The above and foregoing is a true and complete 9 transcription of my stenotype notes taken in my capacity as 10 official reporter for the Commissioners Court of Kerr County, 11 Texas, at the time and place heretofore set forth. 12 DATED at Kerrville, Texas, this 6th day of August, 2013. 13 14 JANNETT PIEPER, Kerr County Clerk 15 BY: _________________________________ Kathy Banik, Deputy County Clerk 16 Certified Shorthand Reporter 17 18 19 20 21 22 23 24 25 8-5-13