1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTX COMMISSIONERS COURT Special Session Tuesday, September 2, 2003 10:30 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas SPECIAL BUDGET MEETING PRESENT: PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "B:ILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ~I Y~ ~~ 2 1 ,,... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X September 2, 2003 PAGE --- Commissioners' Comments 4 1.1 Cost-of `~ -Living adjustment (COLA) of 21-~o c~ ~I Z~ ~ 7 1 . 2 Increas e group health insurance by 15 0 ~~1,2 ~ c`am' 8 1.3 Establi sh minimum annual salary 16 1.4 Salary increase to Sheriff's deputies ;.;? ~'~'~-/ 23 1.5 Salary increase to Jailers and Dispatchers, ~ ~~-L< 33 1 . 6 Salary increase to Sheriff ,? .~ v (~-..f3 39 1.7 Establi sh Merit Salary Increase Fund>~-d ~~'~ 44 1.8 Increas e/adjust elected officials' salar~ ~.~~~.61, 101 1.9 Designate required reserve fund balance ,~ a~Z4,~, 67 1.10 Establi sh Information Technology budget ~ ~ Lc.:7 72 1 . 11 Modify Court Collections budget,~2 ~ L4~ ~~ 72 1.12 Modify 216th District Court budget,~2 ~ ~ ~ 74 1.13 Modify 198th District Court budgeter .~~ ~~-~ 74 1.14 Modify District Clerk budget ;~ ~,~-~l 79 1.15 Modify Justice of the Peace Pct. 4 budget v?~J'~-7~ 79 1 . 16 Modify County Jail budget ~~ ~~~7~3 80 1 . 17 Modify l/ Parks Maintenance budget v~•~v~~ r 81 1 . 18 Modify Constable Pct . 1 budget ~? a~ rZ~ ~ 82 1.19 Modify Constable Pct. 2 budget,~1 5~.~-"~ ~' 103 1 .20 Modify Constable Pct. 3 budgeto"~ ~ ~~ 7 106 1.21 Modify Constable Pct. 4 budget~.~' ~-~ ~ ~ ~ 108 1.22 Modify Sheriff's Department budgeter ~'~ 110 1.23 Modify Juvenile Probation budget ~ ~ ~--~ 111 ,154 1.24 Modify Health and Emergency Services budgetv~~Z ~~~114 1.25 Modify et~~'~1~~ Rabies and Animal Control bud 115 1.26 Modify ~ County-sponsored budget ~ Z ~' 115 1.27 Reduce or eliminate funding to Ag Extension 129 1.28 Reduce or eliminate funding for Books, Publi ~ $~ ~ ~3'~~'`~Z 1 cations & Dues, provide through Law Li}~r ry 130 ~ ,184 1.29 Reduce funding to Public Library p2 ,~~ ~ 143 1.30 Modify ~ Fire Protection budget~~ ~ 155 1.31 Modify Road & Bridge budget, ~' ~~ ~ T 159 1.32 Modify Records Management & Preservation buc~ qe~`~ r 160 1.33 Modify Parks budget ~ ~ ~..~~j ~ 8 161 1.34 Modify Non-Departmental budget ~ ~ ~ ~'' 164 1.35 Modify County Court budget Z~"Z~~ 165 1.36 Discuss 2003-'04 holiday schedule Z~Z ~~ Z 180 1.37 Discuss adoption of General Provisions 191 ,/ ~~ ~~1` --- Adjourned 195 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Tuesday, September 2, 2003, at 10:30 a.m., a special budget meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Let me call to order the meeting -- special Commissioners Court meeting scheduled for this date, Tuesday, September the 2nd, at 10:30 a.m. It's approximately 2 minutes after 10:30, so we can proceed. Do you care to do the honors this morning, since we're in an actual meeting? COMMI:~SIONER WILLIAMS: Why not? JUDGE TINLEY: All right. COMMISSIONER WILLIAMS: We're going to need all the grace we can get. JUDGE TINLEY: We're going to need all the divine guidance we can muster. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you, Commissioner. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: At this point, we have the Visitors' Input. Anybody who has anything that they'd like to bring to our attention that's not a matter that's listed on the agenda, we would welcome you to tell us about that 9-2-03 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,-- 25 now. If you have a matter that's listed on the agenda, we would prefer and ask that you fill out a participation form, which I assume we have at the back of the room. If not, if you'll let us know, we'll get some. That doesn't mean that you have to do that in order to be able to participate. It merely means that hopefully we won't miss you by having one of those participation forms. So, is there anyone that wishes to come forward and speak at this time on any matter that's not listed on the agenda? Any matter that is not listed on the agenda, feel free to come forward and speak at this time. It appears that there's no one wishing to come forward. We will then move to Commissioners' comments. Commissioner Baldwin, do you have anything for us this morning? COMMISSIONER BALDWIN: No, I don't, Judge. JUDGE TINLEY: Thank you. Commissioner Nicholson? I mean, excuse me, Williams. I'll get to you. COMMISSIONER WILLIAMS: No, sir. Nothing, Judge. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: No, sir, nothing. JUDGE TINLEY: And Commissioner Nicholson? COMMISSIONER NICHOLSON: Nothing. JUDGE TINLEY: Okay. As you might imagine, I've got just a few comments. If you'll recall, I had 9-~-03 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 earlier talked about business and politics, and kind of thrashed out that subject. I think another thing that needs to be injected into the mix is responsibility. This may be one of the poorest p~~litical decisions that I make, but as a matter of personal privilege, I feel it's important that we discuss this issue of personal responsibility. Late last week, our local daily newspaper, in an editorial, took me to task and portrayed me as unrealistic, insincere, and disingenuous as a result of my filing a so-called balanced budget. And, in doing so, it recited as its factual basis to come to that conc:Lusion the following three things: One is that there were no raises for County employees. Two, that there was no provision for increased health insurance costs, and three, that there was no cost-of-living increase for County employees. Now, that newspaper or any other newspaper is entitled to vilify me in any manner it chooses, for any reason. That is its privilege. That's what the editorial page is for, as an expression of opinion. But that privilege carries with it a responsibility. Since I filed the budget that's before this Court right now, I have not talked to, nor have Z had a request to talk to a single representative of that daily newspaper. Also, it would appear that the representatives of that paper have not made even the simplest of efforts to even review or understand 9-2-03 6 1 ,_.. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the budget that I filed. Had the representatives of that newspaper taken the time to do either one of those things, the factual accuracy which would have been required for its statements, I submit, would have been different in at least two of the three premises that they utilized, because I believe they are blatantly false. One, the budget which I filed contained raises for a majority of the employees of Kerr County. That budget also contained additional raises for approximately a dozen Kerr County employees, most of which were in cases in which the employees were required to take on an increased case load or workload because the elected official or department head cooperated with me in a shared sacrifice by reducing staffing levels. The estimated cost for health insurance in the budget that I filed was an increase by more than 20 percent over the amount budgeted for this current year that we're in now. That figure was given to me, as it was given to all elected officials and department heads for preparing their respective budgets, by the elected official in charge of personnel, employee benefits, and insurance coverage. No COLA was included; it got that one right. But then, it should have. I told them right up front that it wasn't included. That was a decision and a consideration for this Court as a whole. This Court has a responsibility 9-2-03 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the employees of Kerr County, the taxpayers and citizens of this county, and I believe this Court is doing our best to balance those interests and discharge that responsibility. I believe the local daily newspaper also has a responsibility to these same people to do the necessary work, to gather relevant information and report that information in a factually correct manner, whether it be contained in a news story or on the editorial page. It occurs to me that the daily newspaper in this particular case has not discharged that responsibility. Thank you for your time. Let's move on to the first item on the agenda, consider and discuss changing the proposed 2003-'04 Kerr County budget by granting a cost-of-living adjustment salary increase of 2 and a half percent or other amount to all Kerr County employees and elected officials, and designating source of funds for any increase as necessary or appropriate. COMMI:~SIONER BALDWIN: Judge, I make a motion that we grant a cost-of-living adjustment salary increase of 2 and a half percent. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to grant a cost-of-living salary increase of 2 and a half percent to all employees and elected officials of Kerr 9-2-C3 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: consider and discuss changing budget by increasing budgeted for all elected officials and designating source of funds f and/or appropriate. Motion does carry. Next item, proposed 2003-'04 Kerr County group health insurance costs employees by 15 percent, and sr any increase as necessary COMMISSIONER WILLIAMS: Question. This says 15 percent. In your comments and your original budget, you said 20 percent. Wh<~t is an adequate number to get the job done? JUDGE TINLEY: That question is directed at me? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: My original budget included a cost increase of slightly over 20 percent, as directed by the -- the county official, over that which was budgeted for this current year. The Auditor has since indicated to me very recently -- week before last, last week. MR. TOMLINSON: Last week. JUDGE TINLEY: Very recently, that there's a 9-~ 03 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 belief that it needs to be increased even more; that is, by an additional 15 percent. COMMISSIONER WILLIAMS: So, what would be the number we would be acting on today? COMMISSIONER BALDWIN: 15. COMMISSIONER LETZ: Additional 15. COMMISSIONER WILLIAMS: 15? COMMISSIONER LETZ: An additional 15. COMMISSIONER WILLIAMS: So, it's even more -- COMMISSIONER BALDWIN: Would be a total of 35. JUDGE TINLEY: Well, it would be increased by 20, and then 15 of that, is what I'm understanding, because the proposed budget that we're operating off of is the one which I filed. That already contained the 20-plus percent increase. COMMISSIONER WILLIAMS: All right. So, we'd be increasing it 15 on top of the 20 that was in your proposed budget? JUDGE TINLEY: Yes, sir. That's -- that's how I perceived the motion. COMMISSIONER LETZ: Judge, just -- you know, it may be not the appropriate time, but going back to your comments -- and it does relate to this, part of the comments -- you know, and I think the reason for the editorial was 9-2-03 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 the result of a discussion you and I had when you wouldn't say, basically, how you felt on specific issues. And I disagree with your position on that. That certainly is your position; that's fine. I think the public has a right to know how each of us think. To me, it would clear up a lot of that if you would vote on these issues today, so we can figure out where each of us stand. And I don't think you're prohibited from voting. I know it's your option, unless there's a tie or your vote has a, you know, direct -- could change the vote. So, obviously, if it's unanimous, it's not going to change it, but I just -- you know, to me, it would solve some of the issues and the questions that I had last week. But -- JUDGE TINLEY: As I told you last week, Commissioner Letz, I think if I had any particular feelings about any of the issues we were discussing last week, I think it could fairly be judged by anyone who was paying particular attention concerning my inquiries, my comments, my questions or other things that I may have done or said in connection with particular items of business -- as I told you last week, I will not precommit my vote until I have all the information. I now have, apparently, all the information that I'm going to get, and should the occasion become necessary, I will vote today, because the matter is now before us. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 COMMISSIONER WILLIAMS: Judge, I don't want to deal in semantics or -- or pursue something unnecessarily, but Item 1.2 says we'd be proposing to change the '03-'04 county budget by increasing it 15 percent. I read that as meaning the '03-'04 budget is going to be increased 15 percent over the '02-'03 budget, not the proposed budget that you submitted. I just want to clarify where we are. Are we at 15 percent or 35 percent? JUDGE TINLEY: Well, the way I think it reads, and what I intended for it to read, is that 15 percent over and above the proposed budget which I filed August the 11th. Now, that budget includes the 20-plus percent increase. COMMISSIONER WILLIAMS: Okay. If everybody understands, that's fine. JUDGE TINLEY: That's where I intended it to be. Mr. Auditor? MR. TOMLINSON: Since I had my conversation with our insurance c~~rrier about the percentage increase for -- for health insurance, his comment to me on that question was, what -- what is happening with the industry. Since that time, I've talked more specifically with -- with our third-party administrator. Their -- preliminarily, they -- their guess is that -- that maybe it might be less than 15 percent. So, the percentage we're giving you here is -- 9-z-o? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-.. 25 12 is an estimate based on -- on what the industry, on the average, is seeing as far as renewals are concerned. COMMISSIONER LETZ: Now I'm confused. I thought I understood it. Is the total increase -- is it -- if we add another 15 percent here, we're saying we're having an increase of about 35 percent? MR. TOMLINSON: No. Because the -- we budget -- well, we're having a 35 percent increase on what we budgeted for '02-'03. We're having a 15 percent increase in what we actually -- what it actually cost us in '02-'03. COMMISSIONER LETZ: So, we're budget -- so the number is less than in the Judge's proposed -- original proposed budget? MR. TOMLINSON: No. If you'll remember, we did a budget -- we did a budget amendment of 140-some-odd thousand just two weeks ago. That was to increase the budget by the amount of the actual cost for '02-'03. So, the Judge -- the Judge's proposed budget included that amendment. So -- JUDGE TINLEY: It included actually more than that, I believe. MR. TOMLINSON: And -- but this 15 percent is 15 percent on top of his proposed budget. MS. NEMEC: And it's not 'cause the rates went -- or the rates are going up 35 percent. It's because 9-~-G3 1 ---~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 last year we didn't have an estimated, so we underestimated what the cost was going to be. So, part of that increase is last year's increase, not this year's. COMMISSIONER LETZ: So, we're increasing the amount in the August 29th budget by 15 percent? MR. TOMLINSON: Right. JUDGE TINLEY: What is that -- that number, in terms of dollars? The 15 percent? MS. NEMEC: I don't have that. MR. TOMLINSON: I don't have a number, Judge. JUDGE TINLEY: Quick calculation, based on 260 employees, tells me it's about $214,000. Does that sound about right? MR. TOMLINSON: That sounds right. I did a calculation. My worksheet's somewhere. JUDGE TINLEY: Does that sounds like it's in the ballpark? MR. TOMLINSON: In the ballpark. COMMISSIONER NICHOLSON: So, 15 percent is 200-some thousand. If it's already an increase that was greater than that, compared to our last year's budgeted numbers, we're going up some $450,000, give or take. JUDGE TINLEY: The -- the scenario, as I understand it, Commissioner, is that we had the current year's of $4,555 emp:Loyee cost. And, in starting to prepare 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 ,.-. 14 15 16 17 18 19 20 21 22 23 24 ,--~ 25 14 the budget, the Treasurer and the health benefits person said we're going to lase $5,484 per employee as the cost. That was included. After that was done, it seems like we had a shortfall in this year's, so we had to adjust the budget, and now, in order to try and play catch-up, apparently some -- there's a request for another 15 percent on what's in the current proposed budget. SHERIFF HIERHOLZER: Wasn't last year $5,484 was the actual cost? The budget was a little bit short of that, so what this 15 percent -- my understanding is all of us prepared our budget at the $5,484 price, which is what we asked. So, the 15 percent would be 15 percent on top of the $5, 484? JUDGE TINLEY: Yes, it would. Which was 20 percent more than what was budgeted originally for this year. SHERIFF HIERHOLZER: Because of the shortfall last year? JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: Judge, as we're going through this, could either Tom -- probably Tommy, or possibly Barbara, tell us on each item if they're in or out of that -- the last run of the budget? Some of these items I know are in there. MR. TOMLINSON: That -- 9-'_'-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 COMMISSIONER LETZ: Those are -- the first two, I believe, are. MR. TOMLINSON: Both of those items are in what -- what you have. COMMISSIONER WILLIAMS: Move the increase. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded that the proposed '03-'04 Kerr County budget presently on file be increased by budgeting group health insurance costs for all elected officials and employees increased by 15 percent. Any further questions or discussion? COMMISSIONER NICHOLSON: Yeah. I -- I don't like having to vote for this. I'm going to vote for it, because there's not any alternatives, but between now and the first of the year, we need to find out what our alternatives are. COMMISSIONER LETZ: I agree. COMMISSIONER NICHOLSON: I know we're going to do that, but that's -- let's commit to making a good effort of that. This is -- this is too much money. COMMISSIONER WILLIAMS: I agree. COMMISSIONER LETZ: It's unacceptable, but maybe not -- no option. JUDGE TINLEY: Any -- COMMISSIONER LETZ: Go ahead. 9-2-U3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 JUDGE TINLEY: Any further questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. The next item is consider and discuss changing proposed 2003-2004 Kerr County budget by establishing a minimum annual salary of $20,812 for Kerr County employees and granting salary increases up to such minimum to all employees making less than such minimum, and designating source of funds for any increase as necessary or appropriate. COMMISSIONER NICHOLSON: If we're going to do this, the personnel officer pointed out to me that if we modify that -- that proposed minimum annual salary by a little bit, it would fit into our current rate schedules. And that was how much, Barbara? MS. NEMEC: $20,826. That would be a 14-2. COMMISSIONER WILLIAMS: 826 instead of 812? MS. NEMEC: $826. And if that's adopted, then that means that that -- on that particular entry level, they wouldn't start at a l; it would be a -- a 14-2. That's as close as we can get on the schedule. COMMISSIONER WILLIAMS: That equals a 14-2? y-?-o3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 (Ms. Nemec nodded.) COMMISSIONE R BALDWIN: Let me ask you a question. What does that -- that's -- now, if we approve that, that would be a new entry level. Do we have any longer-term employees that are now in that position of a 14-2? MS. NEMEC: Yes, we do. COMMISSIONER BALDWIN: So, it seems to me that what we're possibly doing is putting entry-level people in the same place as four-, five-, six-year employee people. MS. NEMEC: Yes. COMMISSIONER BALDWIN: That's a problem, I would think. COMMISSIONER LETZ: I agree. COMMISSIONER BALDWIN: It's a problem with COMMISSIONER COMMISSIONER in my brain, I don't see an can see is us to just raise impossible; there's not eno to do that. But -- so what WILLIAMS: BALDWIN: answer to everybody agh money do we do? It is a problem. And rolling it around it. The only thing I on up, which would be in the state of Texas COMMISSIONER WILLIAMS: What is the roll-over effect and how does it -- can you simplify the roll-over effect -- roll-up ef:Eect? 9 ? 03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 MS. NEMEC: Well, without really going through here and doing a spreadsheet on how many people that would affect -- but just, like, for instance, looking at one in the County Clerk's office, she's been here since '99, and she is making $20,826. And, of course, you have the problem of the employees who have more responsibility that are just a little above that. Without changing everybody up a little bit, that's going to happen. You know, that might be something y'all want do this year, and then look at the others next year, since we don't have the money to do all of them. COMMISSIONER BALDWIN: Well, once you start bumping up, though, I mean, it goes all the way up the line. MS. NEMEC: Right. COMMISSIONER BALDWIN: It never ends. MS. NEMEC: If you want to -- exactly. COMMISSIONER LETZ: Are you finished, Commissioner, on that point? COMMISSIONER BALDWIN: Yeah, sort of. COMMISSIONER LETZ: I'm -- I mean, I agree with you on what you said. But, additionally, you know, two other things. I guess, first, Barbara or Tommy, what is the -- I guess the value of our health insurance to the employee itself? I mean, it's, what, 400 -- how much is it a month? MS. NEMEC: Four -- well, what we're paying 9-2-03 19 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now is 457 and some change, I believe. COMMISSIONER LETZ: I mean, I think that's an important number, because if you say that's valued at $6,000, $5,000 or somewhere in that range, you have to take the salary and add $5,000 to it. That's part of their compensation package, so I think that it's a -- you know, and I'll use this to go back to something I said in the very beginning. I don't like the federal numbers. I don't think they apply to Kerr County. I don't -- in fact, I don't know how Washington came up with a poverty level, other than that's the number they use for grants and all kinds of federal programs. I don't think it has any relevance as to what poverty is, the way I think poverty is defined in the dictionary, or by most of our minds. So, I just have a -- I think there's two issues there that I think you have to look at: What we're doing in Kerr County, and what we're doing with our employees. And I don't think it's as relevant to try to equate that with a federal number. Do we need to pay some of our lower level employees more? Definitely, and I'm in favor of doing that. But I don't know that this is the way to do it, because I think, one, it doesn't take into account the health insurance, and if we're truly trying to get them to a minimum amount, you have to include health insurance or other benefits, retirement and other -- there's a value to 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .--. 25 20 all the county benefits, so I think you have to look at that. I would rather look at the pay schedule, or the -- the schedule and figure out ways to boost those that are, you know, at the bottom. And I think there are some areas -- I think we have one employee that was about a 9; that was an entry level, I think, in Maintenance. To me, that's unacceptable. But I don't know that, you know, you have to go all the w<~y to what this proposes here. MS. NEMEC: Well, we did move that one employee in the reclassification when one left. JUDGE TINLEY: Yeah, we resolved those low level employees in connection with a shared sacrifice that the Maintenance Department supervisor was -- that we worked out with him, and actually ended up saving money through the long-term. COMMISSIONER LETZ: I think -- I don't know how we address it. I mean, I'm in favor of trying to improve all employees, and I think that we're kind of on a -- on somewhat of a plan with longevity and merit increases and other things to do that. I'm just a little bit -- I'm uncomfortable with setting a minimum that's based on a federal poverty level that doesn't really mean anything directly in Kerr County, and isn't actually taking everything into effect. COMMISSIONER BALDWIN: Well, another thing we 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 need to watch out fo.r as well in that -- in that line of thinking, Commissioner Letz, is the -- you -- I assume that we're talking about a Medicaid level, is what we're talking about. And, as an example, let's say that we have a single mother with a couple of children -- two children, and we raise that person's salary above this magical federal number, which I agree is -- has been massaged and is not real. Then that person loses their Medicaid, and then tries to purchase county insurance. So, when the numbers all balance out, it's costing them more money. We're not helping them; we're hurting them. I mean, that's a possibility. I just, you know, want to watch that as we go through that. JUDGE TINLEY: Helping them may cause an adverse effect. COMMISSIONER BALDWIN: Absolutely. JUDGE TINLEY: Are we -- are we maybe looking down the road in the near future of doing another comprehensive look at the salaries across-the-board? COMMISSIONER LETZ: Well, I think the County -- I think we're obligated, in my mind, to look at that every so often. I think -- and I think the Court, just about every five years, plus or minus a couple years, has been doing that, and I think you need to continue to do that. That's -- you know, to make sure that we are paying 9-2-03 1 .~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,-- 25 22 competitively. JUDGE TINLEY: It appears -- it seems to me that we -- all this might be leading us to a comprehensive study from top to bottom. COMMISSIONER LETZ: And I think a lot of what Commissioner Nicholson has brought to the table is, you know, possibly -- or the need, probably, of more time being spent as to what we're comparing to. What is a comparison for Kerr County employees? Is it, you know, the City employees? Is it private industry in Kerr County? Is it other counties? Is it all of the above and some -- (Cell phone rang.) COMMISSIONER BALDWIN: If that's not Jesus calling, let's turn .it off. COMMISSIONER LETZ: I think you have to -- I think that's something the Court needs to look at and figure out what's the proper formula. COMMISSIONER WILLIAMS: I agree that, you know, it is kind of a sticky wicket when you get down to it, and I agree that we have an obligation to boost those on the lower end of our pay scale up to a more realistic number. The percolate-up effect bothers me. And also, you mentioned the health care -- the increase in health care coverage, or the cost for health care benefit to the employees -- all employees is about $160 a month, based on the numbers you 9-_^-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ..._ 25 23 just approved. I don't know how we deal with this to do it, 'cause Commissioner Baldwin raised a good point. And the experience -- COMMISSIONER BALDWIN: Thank you, Commissioner Williams. COMMISSIONER WILLIAMS: Pardon me? COMMISSIONER BALDWIN: Thank you. COMMISSIONER WILLIAMS: Oh, absolutely. If you do, you do. When the Workforce Development people were going through those initiatives to get people off the poverty list, they found the same thing; that when you bump them up to a certain level, they lose certain benefits that are important to their well-being. I'm not saying they should continue to do that, and I don't think we want to get ourselves mired in that, but I think we need a structured approach, and we have to have that. We have to see what the up-perk effect is, and it could be pretty significant. So, you know, I'm at a loss to know exactly what to do about this, unless we commissioned a study pretty quickly to determine what that effect is. I think we have some roll-up effects that are going to be hard to deal with. JUDGE TINLEY: Any further discussion on this issue? Do we have a motion to be offered in support of the item or against the item? Being none, we will move on to 1.4, consider and discuss changing proposed 2003-'04 Kerr 9-~-03 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County budget by granting salary increases to Sheriff's Department deputies in the amount of $3,000 each or other amount, and designating source of funds for such increases as necessary and/or appropriate. COMMISSIONER NICHOLSON: This -- this item and the next one, I think, are connected, and probably everybody in the courtroom -- almost everybody has heard the rationale for doing it. It's -- it has a lot to do with -- with equity, with the comparison to the amount paid by City of Kerrville for law enforcement officers. Probably the cost of this, or some portion of the cost of it, will be recouped by a reduction in turnover -- voluntary turnover, and the associated costs with ghat. The $3,000 for the Sheriff's deputies will not bring them up to equity with the Kerrville Police Department officers in terms of base salary. That would take something like $4,700. But we're taking into account the value of -- to the employee of being able to take a patrol car home. COMMISSIONER BALDWIN: Well, as you know, Commissioner, I'm not -- I can't base my thinking process on what the City does. I'm just not into that comparison thing. I don't think it's a good comparison. And it appears to me that i.f -- if we adopted the budget as-is, with this increase to the deputies, and then the next one, the jailers and dispatchers, that there would -- you know, 9-2-03 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as-is, as we've talked about and laid before us, that there will be a -- somewhat of a tax increase in order to pay for these things, and I don't -- I don't know how much. I haven't run those numbers. But, in my mind, I think we need to start looking for ways in all of this to start cutting back a little bit and to keep us from raising taxes on the taxpayers of Kerr County. And these next two items -- actually, next three items are a place to do that. Now, I don't have some kind of magical number to replace the $3,000, but I would think $1,500 or $2,000 or something like that to replace those numbers -- cut all these numbers in half and see what that does for the -- for the reduction in the bottom line numbers. That would be my proposal, is to cut -- cut these in half, and then next year, try to pick up the other half. And I know we're notorious about this planning about this half thing, but -- but if -- if -- in our court orders, in adopting these things, if we're -- if we get -- use really specific language and specific numbers, I think that next year, we can come back and revisit these things and know exactly where we are. COMMISSIONER LETZ: Well, overall, on -- on this one, on 1.4, which is just -- just the Sheriff's deputies, you know, I -- I'm somewhere close to where Commissioner Baldwin is. I was between -- you know, I'd y-z-os 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rather do it, just because of the budget situation this year, part now, part next year. I know the preference you've stated previously is, let's get it all done at once. It's just hard to do that, as I see it, with the budget that we're working with this year. I think that there is a likelihood of -- of a little bit of room to work next year with the budget, based on the impact we have of longevity increases this year. So, certainly, I'm in favor of doing it. I think it will be a big plus to the citizens of the county if we can get, you know, better people and paid better -- better not say better people. If we can get -- get better pay for our people in the Sheriff's Department. COMMISSIONER BALDWIN: He really didn't say that. COMMISSIONER LETZ: Didn't say that. And if it takes, you know, two years to do it, you know, good. Hopefully we'll get to a point of catching up with the City. I think that is -- I differ a little bit with Commissioner Baldwin on this point. I think it is a comparison we need to look at. I think it is somewhat the same market, though I think there's lots of other reasons that go into it. I think it's a useful number, but I think the fact that we do provide cars that they can take home, that does help them, and also, it's just a different position. I mean, there are people that may choose to be a Sheriff's deputy as opposed 9-2-03 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to a K.P.D., regardless of salary, and I think there are probably some that we have in the Sheriff's Department that were formerly K.P.D. people. So, you know, I think that it is something you need to strive for. And, you know, somewhere between the $1,500, $2,000 this year, try to catch up next year, would be my feelings on this one. COMMISSIONER WILLIAMS: My approach differs a little bit, in that I'm not totally certain that there is not always a disparity in the wage structure between sheriff's departments, plural, wherever they may be, and police forces, wherever they may be, and I'd like to know a little bit more about those disparities. I agree that we need to improve it. But what -- so what I'd like -- kind of like to see us do would be to take that number that's detailed in 1.4, which is $3,000, cut it in half, and do a little bit more comparables -- do a little bit more of a study on comparables to determine if there are disparities in other sheriff's departments and the reasons for them, and as opposed to just going blanket against Kerrville Police Department. I share a concern that other Commissioners have raised, in that I don't know that we'll ever catch up with the City of Kerrville with respect to total parity between a Sheriff's deputy and a Kerrville Police Department officer. I recognize that the risks are the same, but I also recognize the tax bases and the way taxes are appropriated 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 is different. County government is a different animal than city government, and we spend our dollars differently. So, I would be in favor of halving that number. I'm not so sure I'm quite to the point that Commissioner Letz indicated, as to guaranteeing that we will do the second part. I would like to have more information before we commit to the second half. COMMISSIONER LETZ: I have no problem with that. COMMISSIONER NICHOLSON: I don't subscribe to the theory that these -- the jobs are different, the deputy's job versus the police officer job. They both have the job of serving and protecting people in Kerr County. The Sheriff's deputies serve a few more people than the police officers do. The Sheriff's deputies cover a much larger area than the city police officers do. They both deal with the same bad guys, in Kerrville or in the county. The jobs are -- are much more similar than they are different. There's not much -- I don't see any differences in them. The only major difference I see is that a city police officer doesn't leave the city limits, and the deputy cover the entire county. I -- I would like to eliminate the -- the disparity, but I'm also understanding your arguments about the reality of county finances. COMMISSIONER WILLIAMS: That's where the 9-2-03 29 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rubber hits the road. JUDGE TINLEY: Do I have a motion with respect to 1.4? COMMISSIONER WILLTAMS: The Sheriff had his hand up, Judge. SHERIFF HIERHOLZER: I'd like to make one comment about it, the $1,500 or the $2,000. To -- and I understand the budget and the tightness of the budget, but with the way it works, too, a lot of times coming back and trying to do more the following year, and how that works, I would really strongly urge the Court to seriously consider at least the $2,000 for the officers. That will get us up at least to where I may not lose officers to the City. It gives them a little bit. But, you know, I strongly encourage you to look at it again next year, but for immediate for officers, I think the $2,000 should at least be seriously considered. JUDGE TINLEY: How many officers was it that you had indicated that you had lost? SHERIFF HIERHOLZER: Total certified officers, counting your S.R.O.'s and that, I believe it's 41. JUDGE TINLEY: No, that you lost to the City of Kerrville, I'm sorry. SHERIFF HIERHOLZER: I've lost 16 employees 9-2-G3 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 to City of Kerrville. JUDGE TINLEY: Employees? SHERIFF HIERHOLZER: Yeah. JUDGE TINLEY: Were those deputies or -- SHERIFF HIERHOLZER: Some are deputies, some are other employees. JUDGE TINLEY: Okay. I understood it was deputies. That was -- SHERIFF HIERHOLZER: I've lost 16 employees. I'd have to go back, Judge, and look at exactly -- most of them are deputies, okay. Probably 80 percent of those are the deputies that we have lost. I've got -- JUDGE TINLEY: Over what period? SHERIFF HIERHOLZER: About four -- I couldn't tell you right off. I'd have to go back and look. JUDGE TINLEY: Four, five years? SHERIFF HIERHOLZER: About -- longer than four or five years. But I've got three considering it now, one that's already tested with them and everything. And his whole reason -- we had a visit this morning -- is salary. Might not lose them if we can at least get them close. That's why I strongly urge the $2,000. COMMISSIONER BALDWIN: Of these 16, how many under your watch and how many under the previous Sheriff? SHERIFF HIERHOLZER: I think nine of them are 9-2-G3 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 since I've been Sheriff. COMMISSIONER BALDWIN: Nine? COMMISSIONER WILLIAMS: Of the nine, how many SHERIFF HIERHOLZER: Seven. COMMISSIONER WILLIAMS: How many did you get back from Kerrville Police Department in the same length of time? SHERIFF HIERHOLZER: I haven't. JUDGE TINLEY: That's a net loss of seven -- SHERIFF HIERHOLZER: Officers. I lost my dispatch supervisor, lost other ones too on top of that. COMMISSIONER BALDWIN: So we started out with 16, now we're down to seven. SHERIFF HIERHOLZER: Since I've been -- COMMISSIONER BALDWIN: And you haven't hired any city policemen to come over from there over to your place? SHERIFF HIERHOLZER: I hired, and then they went back. They couldn't make it. COMMISSIONER BALDWIN: Sounds like maybe they're kind of lost. SHERIFF HIERHOLZER: Can't do a financial statement for them, but I would just strongly urge the Court to consider the $2,000 at a minimum. 9-2-03 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Judge, I'd like to make a motion that we grant salary increases to Sheriff's Department deputies in the amount of $1,500 each. COMMISSIONER NICHOLSON: I second the motion. JUDGE TINLEY: Motion's been made and seconded that the proposed 2003-'04 Kerr County budget be changed to grant salary increases to Sheriff's Department deputies in the amount of $1,500 each. Any further discussion? COMMISSIONER BALDWIN: And there is no language in this order about doing another half next year and all that. We'll look at it as we go. JUDGE TINLEY: I don't remember saying that, Commissioner. COMMISSIONER BALDWIN: No. No, you didn't. I just wanted to make it clear that I didn't -- sure didn't say it. JUDGE TINLEY: Okay. I picked up on that, Commissioner. COMMISSIONER BALDWIN: Okay. COMMISSIONER NICHOLSON: Is this in addition to the 2 and a half percent COLA? COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Yes, it would be. Any further questions or discussion? All in favor of the motion, 9-~-G3 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~-. 25 signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item is consider and discuss changing proposed 2003-'04 Kerr County budget by granting salary increases to Sheriff's Department jailers and dispatchers in the amount of $4,000 each or other amount, reduction of jail and/or dispatch personnel, and designate source of funds for any increases as necessary or appropriate. COMMISSIONER NICHOLSON: We've debated this long and hard, and what I'd -- I think a good approach would be is for the Sheriff's to tell us what -- what he feels he could live with, an amount less than $4,000 that would work on his extraordinary turnover problem, and -- and get the -- get the head count up to a rate that we can safely operate a jail with. SHERIFF HIERHOLZER: I've agreed to not fill four of the current jail positions in order to try and get this. I truly feel that anything -- if you cut it back to anything less than $3,000 per employee, we'll ruin our whole scheme of trying to get us up there. It will not put us much more at all than Boerne and other jails, Kendall County jails and that. And I think we need to at least get to the 9-~-03 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $3,000 additional each officer, and at that point we can still not fill the four jail positions; we'll eliminate those four and drop this from four to three. COMMISSIONER WILLIAMS: Sheriff, what, if any -- SHERIFF HIERHOLZER: This would help. COMMISSIONER WILLIAMS: -- problem does more money for jailers -- what additional problems does it create for you if your jailers get more money than your deputies? SHERIFF HIERHOLZER: Jailers are $10,000 behind deputies. They'll never get more money than deputies. COMMISSIONER WILLIAMS: Okay. SHERIFF HIERHOLZER: And, you know, I'm -- I come from both sides. I come from being a deputy, and I also come from being a jailer. And I honestly feel, across the state of Texas, jailers are totally underpaid, and they should be paid equal to any -- COMMISSIONER WILLIAMS: So the answer is, for you, it doesn't create a problem -- SHERIFF HIERHOLZER: No. COMMISSIONER WILLIAMS: -- if the Court were to grant more of an increase to jailers than we considered for deputies? SHERIFF HIERHOLZER: Not at all. 9-~-03 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Wouldn't be a problem? SHERIFF HIERHOLZER: Not at all, 'cause they're so far behind. COMMISSIONER NICHOLSON: If you'll recall, we had a discussion about the economics of this. The -- the reduction of a full-par manpower count by four would produce an annual savings of $82,000 base salary, plus payroll roll-up, so this -- this item will be partially funded by the offset from -- if he was at full-par manpower, by that amount. COMMISSIONER WILLIAMS: How many jailers are we talking about here? COMMISSIONER NICHOLSON: We got 37, I think. Or -- SHERIFF HIERHOLZER: That's jailers and dispatchers; that would be the 37. 'Cause we cut the four out. COMMISSIONER LETZ: I'll make a motion that we increase the jailers and dispatchers in the amount of $3, 000. COMMISSIONER NICHOLSON: I second. JUDGE TINLEY: Motion's been made and seconded that the proposed 2003-'04 Kerr County budget be changed to grant salary increases to Sheriff's Department 9-~-03 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 jailers and dispatchers in the amount of $3,000 each. Reduction -- or was that not part of your motion? COMMISSIONER LETZ: Excuse me, yes. And would coincide with a reduction of four positions in the jail. SHERIFF HIERHOLZER: Four approved jail positions. COMMISSIONER LETZ: Thank you, Judge. Read my mind. JUDGE TINLEY: Reduction of three jailer's positions. COMMISSIONER WILLIAMS: Three or four? JUDGE TINLEY: Excuse me, four jailer position. I'm getting that confused with the $3,000. The raise would be $3,000 per remaining jailer, reduction of four jail personnel, jailer positions. Any questions or discussion about that? COMMISSTONER WILLIAMS: Just a couple comments, Judge. This, too, would be in addition to the cost-of-living allowance which the Court previously approved, and that would create for the Court about a negative $30,000 to do what we're talking about. (Discussion off the record.) COMMISSIONER WILLIAMS: Just Item 1.5. COMMISSIONER BALDWIN: How much? 9-?-03 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .- 25 COMMISSIONER WILLIAMS: Thirty on the reduction versus the increase. JUDGE TINLEY: You get a net cost of -- of how much? COMMISSIONER WILLIAMS: Thirty -- however many you said. How many? 35? 34? SHERIFF HIERHOLZER: 37. COMMISSIONER WILLIAMS: 37 times $3,000. And somebody earlier said that a minus four was $82,000. Three times 37 is 111,000, take away 82. JUDGE TINLEY: I'm looking at some numbers that were last furnished and revised as of last Wednesday, I believe, on a $4,000 increase, and what I did was interpolate that down to -- to three-fourths of it, and I get 142,000 there. And then, of course, you've got to take out of that the -- the 83-plus, plus the payroll and other benefits. COMMISSIONER WILLIAMS: I think you rolled the benefits in; I didn't, Judge. That's the difference. JUDGE TINLEY: Okay. Okay. COMMISSIONER WILLIAMS: That's just a base salary. COMMISSIONER LETZ: What's the net difference, Judge, that you have? JUDGE TINLEY: I'm going to get probably 9-2-03 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about 40 -- well, probably close to $50,000, the net. COMMISSIONER LETZ: Right. And these -- well, it's -- this -- all these items we're discussing are in the run that we -- the full amount is in the run that we're looking at from 8/29, correct? MR. TOMLINSON: Yes, they are. The only difference is, I used the number of 39 jailers and dispatchers. SHERIFF HIERHOLZER: 39? COMMISSIONER LETZ: That's what I recall hearing. SHERIFF HIERHOLZER: It may be. It may be, because one was a dispatch supervisor. MR. TOMLINSON: That's the number that I've had all along. I don't know where the 37 came from. SHERIFF HIERHOLZER: I think that's correct. It may have been misquoted before. COMMISSIONER WILLIAMS: Thirty-nine before the cut of four, or after? SHERIFF HIERHOLZER: After. COMMISSIONER WILLIAMS: After. JUDGE TINLEY: So you got 43. COMMISSIONER LETZ: Those are the numbers -- SHERIFF HIERHOLZER: Jailers and dispatchers. I believe that's correct. 9-_^-03 39 1 2 3 4 5 6 7 8 9 10 11 12 13 ~. 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: So, the 39 is reflected in the budget that you have. JUDGE TINLEY: I think 50 is probably the closer net cost. But, without being able to take some difficulty, we'll go ahead and -- is there any further question or discussion about this particular motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, consider and discuss changing proposed '03-'04 Kerr County budget by granting salary increase to the Kerr County Sheriff in the amount of $26,500 or a level comparable to that of the City of Kerrville Chief of Police, or other amount. SHERIFF HIERHOLZER: May I make a comment on this first, Judge? COMMISSIONER WILLIAMS: Hope so. COMMISSIONER BALDWIN: I hope you do, before we do. SHERIFF HIERHOLZER: I didn't ask for this. This is parity. I mean, it is a legit figure with what the Chief of Police is. I think it's -- it's not correct, okay, to do that or to even consider doing that. This Court, I 9-2-G3 1 2 3 4 5 6 7 8 9 10 11 12 .„1 13 14 15 16 17 18 19 20 21 22 23 24 r~ 25 40 believe, or most members of this Court will recall, and I think I heard some of that discussion last week, about that the elected official or the Sheriff should be about $5,000 above the chief deputy's salary, whatever that was. And that's what I would recommend, and then take the remainder and just divide it between the other elected officials or whatever. But don't consider that kind of raise. COMMISSIONER NICHOLSON: I want to reiterate the -- one of the bases for this proposal, and that's the comparison between our Sheriff's compensation and the Chief of Police compensation. And I can see that our Sheriff has a bigger job. Again, like the -- consistent with the argument for the -- for the Sheriff's deputies, they serve and protect more people than the -- than the Chief of Police does. They have a larger area of the county, and they have the -- the complexity -- not "they," the Sheriff has the complexity of managing a jail. I can -- I think I can make a good argument that -- that the Sheriff should be paid as much or more than the Chief of Police. But I'm also -- I've got a few phone calls on this. Recognizing the reality of -- again, of our -- the economics facing the County, what I'm going to propose is -- is that we pay the Sheriff 15 percent more than his chief deputy. Fifteen percent is -- is a commonly used number in salary administration between levels of supervision. If we did that, we can cut 9-2-u3 41 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this number in half, and provide for a $13,250 increase. That would actually be a little more than 15 percent. I figure 15 percent is about $12,500. COMMISSIONER LETZ: I think that the Sheriff's salary needs to be treated like any other elected official salary. If we're going to establish a policy, I think it has to be uniform across the county. I don't see why the Sheriff should be tagged at 15 percent and the District Clerk should be tagged at $1,000 or whatever. I mean, I think it should be uniform. And I really would rather deal with his salary along with everybody else, all other elected officials' salaries. COMMISSIONER WILLIAMS: Just for the purposes of enlightenment, what is the Sheriff's salary, and what is the chief deputy's salary currently? MS. NEMEC: The Sheriff's salary, with the 2 and a half percent increase cost-of-living, is $47,032. And the chief deputy, with the $3,000 raise, is $50,205. And the Sheriff is $47,032. COMMISSIONER WILLIAMS: And that includes? One more time, for the record. MS. NEMEC: That includes cost-of-living on both salaries, 2 and a half percent cost-of-living, and that also includes the $3,000 -- well, no, the deputies were awarded $1,500? Okay. Then, no, it's $48,205 plus $1,500. 9-2-G3 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $49, 705. COMMISSIONER WILLIAMS: That would be -- MS. NEMEC: For the deputy. The chief deputy is $49,705. That includes the 2 and a half percent cost-of-living, and it also includes the $1,500 raise. COMMISSIONER WILLIAMS: $49,705? MS. NEMEC: Yes, sir. COMMISSIONER WILLIAMS: For the chief deputy? MS. NEMEC: That's correct. And the Sheriff right now, with the 2 and a half percent cost-of-living increase, is at $47,032. COMMISSIONER WILLIAMS: All right, thank you. MS. NEMEC: Mm-hmm. COMMISSIONER WILLIAMS: So we have about a $2,700 disparity there right now, correct? COMMISSIONER NICHOLSON: If we took that $2,700 disparity and then raised -- added it to the current salary, and then raised that by the 15 percent increment between the levels of supervision, looks like we'd come up with something like 57,5 -- $57,500, compared to the Chief of Police, $72,000 or whatever -- there's probably a raise coming up. COMMISSIONER WILLIAMS: There was, earlier, a number thrown around that -- last week when we met, that had to do with a $5,000 increase for the Sheriff for the purpose 9-2-03 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of getting him -- some space between himself and the chief deputy. If we were to consider, based on the numbers that the Treasurer just gave us -- maybe I got it wrong. I was going to say 10 percent would get you there, just about. $4,700 on top of 47. That would get you there. COMMISSIONER LETZ: Somebody do something. COMMISSIONER WILLIAMS: Is a motion on the JUDGE TINLEY: There is no motion on the floor. I -- Commissioner Nicholson said "I propose," but beyond that, I've -- I didn't perceive that as a motion, unless you want to confirm that it is. COMMISSIONER WILLIAMS: I would move that the Sheriff's salary be increased by 10 percent, based on the numbers provided by the Treasurer, for the purpose of elevating his salary above the chief deputy. That's the purpose, in my mind. COMMISSIONER BALDWIN: Okay. Where does that 10 percent take his number? COMMISSIONER WILLIAMS: Okay, I'll give it to you; just a second. He's at $47,032, times 10 percent. It gets him up to $51,735. That puts -- that's about a $2,000 clearance between he and his chief deputy. COMMISSIONER NICHOLSON: Is that a motion? COMMISSIONER WILLIAMS: I made it as a 9-2-03 44 1 I motion. 2 3 4 5 6 7 8 9 10 11 12 13 ,.-. 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: I second it. JUDGE TINLEY: Motion made and seconded that the salary in the proposed '03-'04 budget be changed to provide that the Kerr County Sheriff be increased by 10 percent to a total of $51,735. Any further questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (Commissioners Baldwin, Williams, and Nicholson voted in favor of the motion.) JUDGE TINLEY: All opposed? (Commissioner Letz voted against the motion.) JUDGE TINLEY: Motion carries. COMMISSIONER LETZ: If I could comment, I think we're obligated to do it to all other elected officials. COMMISSIONER BALDWIN: I agree. We'll end up JUDGE TINLEY: Next item is consider and discuss changing the proposed '03-'04 budget by establishing a Merit Salary Increase Fund as a new budget line item. COMMISSIONER NICHOLSON: I'm still thinking about that last one. Just a comment on that, but without -- I don't want to be argumentative, but the idea that we have to do the same thing for other elected officials, there 9-~-03 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aren't any comparisons. They don't have a County Clerk job over there that would compare to it. COMMISSIONER WILLIAMS: City Clerk. But it doesn't compare. In my mind, it doesn't. COMMISSIONER NICHOLSON: Okay, go ahead. I'm sorry. COMMISSIONER LETZ: Well, let me make a comment. My comment was for the methodology used; it was 10 percent. You know, if you would have set the amount, that's one thing, but setting a percentage above your next -- your highest -- next highest person, I think that is a -- it's a policy. SHERIFF HIERHOLZER: I don't believe that's a percentage above the next highest person. It's just a percentage of an increase. COMMISSIONER NICHOLSON: COMMISSIONER WILLIAMS: COMMISSIONER NICHOLSON: $51,735 and said, that's the best deal It's not enough, but it's a reality. COMMISSIONER LETZ: And JUDGE TINLEY: Okay. A COMMISSIONER WILLIAMS: JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: I hear your logic. Yeah, I understand. I just looked at the we'll get here today. you got it. re we now on Item 1.7? Yes, we are. This -- this concept 9-2-03 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of a merit fund of money to be used for granting merit salary increases came up in our earlier deliberations, and we talked about it being used in a way that we reward -- would reward employees for productivity increases. At that time, we were envisioning that there might be some magnitude of staff reductions through attrition to increase productivity on the order of -- seems to me like it was 12 to 15 -- 10 to 15, I don't know. We did get some cooperation from some of the departments, and they came in and said we can do our work differently and get by with -- with fewer people, one or two fewer, but we didn't get the -- the volume of productivity improvements that we expected. So, we -- I can see now that the -- the $25,000 budget item for -- for merit salary increases is -- exceeds what we'll need, and I recommend we drop that number to $10,000. JUDGE TINLEY: Is that a motion? COMMISSIONER NICHOLSON: Yes. JUDGE TINLEY: Where would you put that new line item? COMMISSIONER NICHOLSON: I'd ask the Auditor. MR. TOMLINSON: I think I already have it in the line item, in the -- JUDGE TINLEY: Nondepartmental. MR. TOMLINSON: In Nondepartmental, in the budget you see, at the -- at the proposed $25,000. 9-~-03 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: I would further suggest -- this is not part of the motion, but that we establish a process for nomination and approval of -- of those who participate in this merit increase pool. And I don't have a process to recommend right now, but it's not rocket science. We can come up with one. COMMISSIONER WILLIAMS: I'm glad you raised that point, 'cause that point kind of troubles me, about how merit increases are -- are determined. One of the things that bothered me about the merit pool, as such, and still does, is -- I'll ask a question as opposed to making a statement. Does that put the Court in the position of having to make the determination on merit for any particular department, as opposed to the department head making that determination? COMMISSIONER NICHOLSON: I think, between this Court and the -- and the County's Personnel Officer, that we can come up with guidelines -- pretty simple guidelines that -- where department heads and elected officials would nominate -- follow those guidelines and determine whether or not their employees are eligible, and then nominate employees for participation. Then I would say that this Court would make the decision on how that's spent; specifically who -- who participates, who -- who gets part of that fund and how much. ~-~-03 48 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Are you saying that this Court is going to make the decision for Linda Uecker, who's going to get the -- COMMISSIONER NICHOLSON: I'm saying that, based on the guidelines for how it's spent, Linda Uecker would determine whether or not her employees are eligible, and if so, she would nominate the employees to receive part of that fund, and then we would then look at a merit salary budget that says, here's 10 or 15 people who have been nominated, and we would approve that budget. It's not something that needs to be done by -- by October 1st. It's something that can occur when -- when we're ready to do it. COMMISSIONER WILLIAMS: As an alternate approach, Commissioner, I'm wondering, is it not feasible that the department head makes the decision as to who in his or her department deserves merit, and for the particular reason? You know, I like your thought -- your creating some guidelines or setting some parameters so that everybody doesn't get a merit just because today is a nice day and it's sunny outside. But would it not be just as effective if the department head made those determinations and just built that into its -- that department head's budget request for the ensuing year? As opposed to creating a pool? I'm kind of asking to kind of air it out. COMMISSIONER BALDWIN: Which we have done 9-~-03 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before. MS. NEMEC: And with this, with setting aside a certain amount, my question would be, who's going to get it? The person that comes in here first? Well, if you run out of that money and there's still employees on the list, then how do you determine who's going to get it? COMMISSIONER NICHOLSON: What I expect to see is a list that says, here's all of the people in the county on County payroll who are nominated for merit increase. It won't be one list from each -- that's something you would pull together, using guidelines. Each department head or elected official would say, "I want John Doe to receive -- participate in this merit budget, and here's the rationale for that," and would put together a merit budget, and the whole budget would come to this Court. It's not a complex process. It would be pretty easy to administer. I think it should be separate from the regular salary budgeting process, because I think the money is distributed in that case in ways that does not reward productivity improvements and outstanding performance. It very often gets spread evenly among the employees, simply because the decision-maker doesn't want to have to identify those who perform the best. COMMISSIONER BALDWIN: I think you're on to something. I think that is better than putting it in the 9-~-03 50 1 2 ,-, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~.,. 25 specific budgets, and I'm certainly willing to go along with that. But these guidelines, I think, have to be really specific in how it -- how the thing works. And, I mean, I can't see how that's going to happen, but I'm -- I'm sure you can, Commissioner. COMMISSIONER NICHOLSON: Yes, sir. COMMISSIONER BALDWIN: Yes, sir. COMMISSIONER NICHOLSON: I'll work on that. COMMISSIONER WILLIAMS: Dave, if you will respond to Barbara's question about what -- what would happen, hypothetically, if we were to have, in a particular budget year, more merit increases proposed than we had funded? How do you see that working itself out? COMMISSIONER NICHOLSON: One possible way we could address that is just by shaving back the amount recommended for each one of them. If they come in here with -- if we had $10,000, they came in here with $15,000 worth of recommendations, we would just cut -- and we saw that they were all deserving and met the guidelines, we'd just cut them all back by a third. COMMISSIONER LETZ: I don't -- maybe I'm missing something. I don't see the point. I don't see why we just don't do this in the budget process each year, and just -- I mean, I think the -- I'd like to see guidelines developed, and I'd like to see, you know, a lot of the work 9-~-03 51 1 ~.,, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you're talking about implemented, and I'd like to see -- I think it's a good plan, but I don't know why we just don't do it at the end of next budget year, or each budget year, and put it in the following-year budget. Because, I mean, I just -- seems like it's getting overly complicated by doing it midyear. And I don't understand how you can budget for it, because there truly may be one person that's entitled to it or there truly may be 20 that are entitled to it, and I don't see how you -- you know, if we -- how we determine that when we have a fixed pool of money going in. It's -- just seems difficult. COMMISSIONER NICHOLSON: Well, if -- if you can't determine who should get it, then we're saying that we can't distinguish between outstanding performance and just coming to work every day. COMMISSIONER LETZ: I think we do it the following budget year. I think we do take into account -- and I think we've done some of that this year by reorganization and adding responsibilities and, you know, taking the recommendation of the department heads and elected officials and their people, and giving merit increases, which is essentially what we did in some departments where we -- and we kind of tagged it to productivity this year, which I think is good. But I think we have guidelines that the Court adopts, and let, you know, 9-<-03 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 elected officials and department heads know those guidelines. I just don't see why it can't be done during the budget process. COMMISSIONER NICHOLSON: Well, if you recall, we did grant some merit increases a couple of months ago, and it appeared that then -- I know it's -- that's not part of our policy. It appeared that the criteria for them had to be, in part, that there were funds available, and this is a way to avoid that, so they have funds available. COMMISSIONER WILLIAMS: I'm sort of leaning toward giving a -- giving it a try. If -- if we were to fund it on a limited basis for -- for this budget year, and after developing the parameters by which a department head should be guided, so that we don't have a situation where everybody in a particular department meritorious duty, I kind of want to limited basis. This does presuppose given, it carries through. Once you doesn't go away after a year or two. think. has performed give it a try on a that once a merit is get it, you got it; it That's the way I MS. UECKER: I just have one question. Would this put the Commissioners Court in a position to grant a -- to allow the County Treasurer to give a merit increase, oh, for her employee over an application by another elected official for a merit increase of one of their employees? 9-2-03 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,.-- 25 COMMISSIONER NICHOLSON: No. The personnel officer's job would be simply to compile the recommendations and -- MS. UECKER: I was just using her as an example. COMMISSIONER NICHOLSON: But that's the proper function of that office, I think. She would compile the recommendations that came to her, and assure that they meet the guidelines criteria, and then hand those recommendations over to the Commissioners Court to -- MS. UECKER: Well -- COMMISSIONER NICHOLSON: -- approve or alter. MS. UECKER: -- my question was, is this going to put the Court in a position to decide one merit over another? COMMISSIONER NICHOLSON: Yes. JUDGE TINLEY: Yes. MS. UECKER: Okay. How do you know that? If you don't know what -- what the basis for the recommendation was in the first place? COMMISSIONER NICHOLSON: Well, we're going to require you to tell us what the basis of the recommendation is. MS. UECKER: Okay, yeah. I -- I like the idea, Commissioner. I just feel like it's going to be -- 9-~-03 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 end up being a real political race to the Commissioners Court, you know, for increases. And I -- I don't know. COMMISSIONER BALDWIN: I do, too. And that's where -- what I'm saying about these parameters. I think that they have to be clearly, clearly defined so that you understand them just like we do, if we do this thing. I'm not sure -- SHERIFF HIERHOLZER: I think you have to set, like, two days a year that the Court would actually vote, so there's not a run for somebody to get one and use it up before -- y'all set a certain time of year that's a cutoff, all the nominations have to be in, and then each department head has to justify to you, and you select out of all those at one time. MS. UECKER: The problem you're -- COMMISSIONER WILLIAMS: It's not how often you vote; that doesn't trouble me. It's the aftermath of the vote that kind of troubles me, where you come back and you say, "Well, you know, my guy did so-and-so and so-and-so, and you didn't take that into consideration, but her girl did so-and-so and so-and-so, and my guy deserves more of a merit than she does." That's what bothers me. SHERIFF HIERHOLZER: And that's a position the department head's going to have to make, and then it's up to the Court. I guess it's the way it's -- 9-2-03 55 1 2 3 4 5 6 7 8 9 10 11 12 „~ 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: We can manage this. When Commissioner Letz was working for Exxon, he got merit increases, and there was some documentation that said he was faster than a speeding bullet, able to leap tall buildings in a single bound. And -- and if those managers at Exxon are smart enough to manage this, we surely are. COMMISSIONER WILLIAMS: What happened to those skills, Commissioner? (Laughter.) COMMISSIONER LETZ: I'm not sure. JUDGE TINLEY: I have a motion that -- that we change the proposed '03-'04 Kerr County budget by establishing a Merit Salary Increase Fund in the Nondepartmental budget account in the sum of $10,000, as a new line item. Do I hear a second to the motion? COMMISSIONER WILLIAMS: I'll second it, 'cause I want to get to a point where we can do a little more discussing. I have a question. Are we talking about this happening at any time during the year? Or a particular time during the year? COMMISSIONER NICHOLSON: Commissioner, I would envision doing the guidelines, and the process would be, say, by November I, submit nominations for merit increases that meet these criteria. I'm pulling -- COMMISSIONER WILLIAMS: And you will work with the County Treasurer to develop the criteria? 9-2-03 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Mm-hmm. COMMISSIONER LETZ: Now I'm confused, which has happened several times this morning. If you had the guidelines due November 1, that's basically merit increases for last year, based on the way we do our budget. I mean, you have the month of October. If they did great work in October, you could give it. I mean, to me -- MS. NEMEC: I'd like to see it six months into the year, kind of give them a chance -- they're already getting raises. Let them prove themselves for six months, and let us see what -- who falls under the guidelines for those six months, and then -- COMMISSIONER NICHOLSON: That will work. MS. NEMEC: Or four months, you know, whatever. But give us some time after the budget goes into effect, after new salaries go into effect, to see what our employees are doing from there. COMMISSIONER BALDWIN: But -- MS. UECKER: Plus the fact that this $10,000 is going to cover half a year, based on -- MS. NEMEC: What? MS. UECKER: It would not be a whole year, but it's going to impact the following budget as it goes on. Is that right? COMMISSIONER WILLIAMS: Sure. 9-~-03 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Seems to me that it would, absolutely. COMMISSIONER BALDWIN: I think one of the keys is this set of guidelines coming out of the gate with the money, so that we all -- so that everybody understands exactly what they're doing. As you go through the first six months in evaluating that person, what are the -- what is the criteria that you evaluate by? We may be heading down -- your comment scared me a little bit, about Billy Bob giving Sally Sue a raise, and the next department over feels like that their employee's much more important than that one. We're -- COMMISSIONER WILLIAMS: That's an inherent risk. COMMISSIONER BALDWIN: That's more than a summer storm, believe me. MS. UECKER: I -- I just fear that, you know -- you know, that every elected official's going to come with some names. I mean, that's a given. The only thing I fear from, you know, decisions made in the past, is that may be -- you know, some of the elected officials within the courthouse are going to be left high and dry, as compared to Road and Bridge and the Sheriff. COMMISSIONER BALDWIN: Mm-hmm. Sheriff gets it all, and y'all don't get any. Is that what you're 9-?-03 58 1 I saying? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. UECKER: Well, could be. Or Road and Bridge. You know, based on last month's decision about, you know, a merit. That's just the only thing that I'm concerned about. COMMISSIONER BALDWIN: I'm -- MS. UECKER: And this Court's going to be different, of course. COMMISSIONER BALDWIN: I have the same concern. And I are one of these guys, but I have that concern as well. I just can't see how you're going to get around doing that. 'Cause if I give mine -- my employee an increase and you don't get to get one, then you and I are going to be mad at each other. I mean, it's as simple as that. MS. UECKER: In other words -- COMMISSIONER BALDWIN: And history shows that the courthouse is bad about that. MS. UECKER: -- you're going that you believe the Sheriff over believing opinion of -- of my merit increase request. COMMISSIONER WILLIAMS: What potential danger of being is, Commissioners SHERIFF HIERHOLZER: Persona should just be very strong and written that to be saying me about my this has the never win. Lly, I think it no merit 9-2-03 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 increases during the middle of the year, and at budget time, if an elected official or department head wants to try and get a merit raise for their employee, they prove it to y'all as part of the process. Like it's kind of been, except the line's got to be stronger, and you don't give any during the middle of the year. They have to all do it in the budget process. COMMISSIONER WILLIAMS: Commissioner, I'd like to offer an amendment that no merit increase from the pool be considered sooner than six months into any budget -- any ensuing budget year, and a further amendment that the initial year, no merit increases will be given until the parameters are designed and approved by Commissioners Court. COMMISSIONER NICHOLSON: I'll second that motion. COMMISSIONER BALDWIN: Give a specific date; don't just say six months. COMMISSIONER WILLIAMS: Okay. Well, October, November, December, January, February, March. There would be no merits considered before March 30th of -- or April 1st -- April lst of the ensuing -- of the budget year -- the ensuing budget year. So that you always have -- six months has to elapse in a current budget year before you can consider it. And, secondly, that none be given in the first year until the parameters are designed and developed 9-2-03 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and approved by Commissioners Court. JUDGE TINLEY: You mean be given, or become effective until April 1? COMMISSIONER WILLIAMS: Well, I guess we're saying the same thing. Become effective. JUDGE TINLEY: Okay. Okay. And the amendment -- the amendment has been seconded. Is there any further questions or discussion concerning the motion? COMMISSIONER BALDWIN: I'm just wondering if April Fool's Day just happens to be a part of this. COMMISSIONER WILLIAMS: That's a point I hadn't considered. (Laughter.) COMMISSIONER BALDWIN: I think it's a good one. COMMISSIONER WILLIAMS: Could be. Everybody gets a merit. JUDGE TINLEY: Is everybody clear on the motion? Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (Commissioners Baldwin, Williams, and Nicholson voted in favor of the motion.) JUDGE TINLEY: All opposed? (Commissioner Letz voted against the motion.) JUDGE TINLEY: Motion does carry. (Discussion off the record.) 9-?-03 61 1 ,,, 2 3 4 5 6 7 8 9 10 JUDGE TINLEY: Next item, consider and discuss changing proposed 2003-'04 Kerr County budget by increasing or adjusting the salary paid to Kerr County elected officials and designating source of funds for any increases as necessary and/or appropriate. COMMISSIONER BALDWIN: Now we're talking about things outside of COLA, are we not? JUDGE TINLEY: Yes. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: Hopefully outside the 11 Sheriff. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Yeah. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Hopefully. COMMISSIONER BALDWIN: So, a few days ago, seemed like to me that we talked about a $1,000 increase in elected officials. Did we not have that conversation? Hello? Is anybody home here? COMMISSIONER WILLIAMS: Yes, sir. Yes, sir. Yes, sir, we did. COMMISSIONER LETZ: We did. That conversation took place, as I recall. COMMISSIONER WILLIAMS: It did. And in that same conversation was that $5,000 for the Sheriff. So -- COMMISSIONER BALDWIN: I'm getting a feeling 9-'_'-03 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here that maybe that number's changed some. Am I just feeling wrong? COMMISSIONER WILLIAMS: No. Try something, see what happens. COMMISSIONER LETZ: The Auditor is waving his hand. MR. TOMLINSON: Well, what you have in front of you includes $1,000 per elected official. COMMISSIONER WILLIAMS: How much? MR. TOMLINSON: Other than the Sheriff. COMMISSIONER LETZ: It -- COMMISSIONER WILLIAMS: One more time? I didn't hear it. MR. TOMLINSON: The budget you have in front of you includes the $1,000 per elected official. COMMISSIONER WILLIAMS: Okay. MR. TOMLINSON: Excluding the Sheriff. COMMISSIONER WILLIAMS: Excluding the Sheriff? MR. TOMLINSON: Excluding the Sheriff. COMMISSIONER WILLIAMS: And his was 26,5? MR. TOMLINSON: Yes. COMMISSIONER WILLIAMS: Okay. So, we saved some money there. COMMISSIONER NICHOLSON: How many elected 9-~-03 1 „, 2 3 4 5 6 7 8 9 10 11 12 13 ~, 14 15 16 17 18 19 20 21 22 23 24 25 63 officials do we have, excluding the Sheriff and the Commissioners Court? MS. NEMEC: We have 18. Then minus six, then. And I may not be right on that, but I think it's 18 all together. I can check here real quick. COMMISSIONER NICHOLSON: This is a question, not a recommendation. If we were going to spend $18,000 -- 18 times $1,000 -- would we spend it $1,000 across-the-board, or -- or give it some other way? Do we need to give as much to the lowest level ones as we give to the highest? 'Cause there's a bigger disparity compared to other -- other counties or whatever? COMMISSIONER BALDWIN: Are you -- MS. UECKER: I think when the discussion happened last year -- I'm not sure. I think some large adjustments were made to the constables, and did that include some of the J.P.'s or not? JUDGE O'DELL: We got 600, I think. MS. UECKER: But, anyway, that was over and above those, other than the constables, because -- because of the -- you know, you don't have a vehicle, so you're going to get a bigger increase. So I think the discussion about taking care of it next year did not include constables, as I recall. JUDGE TINLEY: Mr. Auditor? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 MR. TOMLINSON: Those -- those numbers do include the Commissioners Court and the County Judge, in the COMMISSIONER LETZ: And constables? MR. TOMLINSON: There was an issue raised by Commissioner 4 that that might not be correct, so I want to make that clear before -- before we tackle this. COMMISSIONER LETZ: Barbara, how many, excluding the Sheriff, elected officials are going to be in a situation of making less than their chief deputy or chief -- are any of them under the current schedule? MS. NEMEC: None. COMMISSIONER LETZ: None? MS. NEMEC: Excluding the Commissioners Court and the Sheriff, and excluding the County Court at Law Judge, because I think his salary is set -- and I may be wrong about that, but I show 13 elected officials. That's including J.P.'s, constables. JUDGE TINLEY: Be a total of 18, then, when you include the Commissioners Court? MS. NEMEC; Right. JUDGE TINLEY: And the Sheriff? MS. NEMEC: Nineteen with the Sheriff. JUDGE TINLEY: Okay. MS. UECKER: And I think, Commissioner Letz, 9-2-03 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the discussion of the elected officials making less than the chief deputy that came up last week was the elected officials -- the Treasurer, the County Clerk, the District Clerk, you know, the Tax Assessor -- making less than the chief deputy -- the Sheriff's chief deputy, because of the administrative responsibilities that that chief deputy has compared to what an elected official does. I think that's where I was going with that -- talk about that. And I know we can't do that this year, but I think that's something to look at down the road. And because, you know, the -- if you look at the structure of -- of the elected -- each elected official, I think it's important to realize that it's only the County Treasurer, the District Clerk, the County Clerk, and the Tax Assessor/Collector that don't have secretaries to perform some of those administrative functions for us. So, here we sit without secretaries, but yet we have employees. Yes, we have, but they're doing the duties that the Government Code says they're supposed to do, which does not include secretarial work, so we have do our own secretarial work, you know, added to our administrative positions. COMMISSIONER LETZ: I think -- MS. UECKER: And I'm not asking for a secretary. COMMISSIONER LETZ: You're not getting one. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 66 MS. UECKER: Now, in the future, maybe. COMMISSIONER LETZ: I think that the -- when we -- if we're talking about constables as well, there's another agenda item which affects their compensation, so I don't know -- I mean, I'm not saying we need to exclude them. I'm just saying it's addressed in another agenda item specifically related to the constables. COMMISSIONER NICHOLSON: The $1,000 across-the-board seems to feel good to me, excluding the -- excluding the Sheriff and the constables and the Commissioners Court. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that all elected officials, excluding the Sheriff, constables, and Commissioners Court, be increased -- the salaries be increased by $1,000, and the proposed '03-'04 budget be changed accordingly. Is that correct, gentlemen? Any further questions or discussion? COMMISSIONER BALDWIN: I just -- COMMISSIONER WILLIAMS: In addition to the COLA which was previously approved? JUDGE TINLEY: Yes, this is on top of any other items. That is my understanding. COMMISSIONER WILLIAMS: Okay. Just wanted to 25 ~ get it out there. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 JUDGE TINLEY: Sure. COMMISSIONER BALDWIN: No comment. JUDGE TINLEY: Any further questions or discussion concerning the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. We are right at lunchtime. Why don't we adjourn and come back at -- COMMISSIONER NICHOLSON: What time? JUDGE TINLEY: 1:15. (Discussion off the record.) JUDGE TINLEY: Correction, we'll stand in recess till 1:30. (Recess taken from 12:02 p.m. to 1:30 p.m.) JUDGE TINLEY: Okay, it's a bit after 1:30. Let's come back to order. The meeting that was scheduled for today, Special Commissioners Court meeting that started at 10:30 this morning, which went into recess right at lunchtime to reconvene at 1:30. It's now a couple minutes after that. By my count, we are at Item Number 9, consider and discuss changing proposed '03-'04 Kerr County budget 9-2-03 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ;-^ 25 and/or establishment of fiscal policy by designating required reserve fund balance to be maintained by Kerr County during such fiscal period. In case some of are you wondering why we're not looking at the Auditor right now, I got a message during the lunch hour that his wife had -- was -- had some sort of illness, and he was seeing to get her some medical help. COMMISSIONER BALDWIN: Wow. JUDGE TINLEY: So, that's where we are on that one. COMMISSIONER BALDWIN: I move we maintain a 25 percent balance in the reserve. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that the -- I guess that would be the establishment of a fisr_al policy? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Designating a required reserve fund balance of 25 percent. I assume that's of general operating -- general operating funds? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Okay. Any question or -- or discussion? COMMISSIONER LETZ: A brief discussion. And this is just more so that the record, I think, is clear that 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 that amount is -- as I understand it, is the recommended amount for, I guess, governmental entities that rely on ad valorem taxes. COMMISSIONER BALDWIN: The state recommendation. COMMISSIONER LETZ: State-recommended, and it's not just an arbitrary number. COMMISSIONER WILLIAMS: By the Comptroller. COMMISSIONER LETZ: Comptroller has -- recommends that, and that is basically what the Auditor told us last week. And that is a minimum amount, not an absolute amount, as I understand it. COMMISSIONER NICHOLSON: My thinking on it, Commissioner, is, if my understanding is correct, that we've almost always been above the 25 percent, and that if we had ever been as little as 25 percent, we would never have exhausted the fund. And it doesn't mean it won't happen this year, but I have some degree of comfort that that will be -- be at least adequate. JUDGE TINLEY: My recollection of the Auditor's expression of druthers was that he thought we ought to maintain at least 30 percent. I guess I'm somewhat conservative, as is he, that -- that that's a more comfortable level, at least in my mind, especially in view of the fact that we are creating, by the actions of the 9-~-03 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~o Court, a lot of obligations in the future, and I'm concerned that while we may have the reserves this year to take care of those obligations, I'm concerned about ensuing years. In addition, we have at least one item on the horizon that could cause -- give us considerable difficulty iii the future, and that is the constitutional amendment that's now pending which would allow local governments, counties, and cities to freeze ad valorem taxes, or would require us to freeze ad valorem taxes on residential homesteads of those over 65 or disabled. I fully suspect that amendment will, one, pass, and two, there will be a very rapid move to see that it's implemented in Kerr County. And I'd hate to see us getting ourselves to where we can bump that lowest level, looking at obligations such as that down the road, and possible difficulties of -- of being able to raise sufficient funds without forcing us to get into a rollback situation. I don't see us there now, but that doesn't mean we couldn't get there pretty easily if -- if we pushed the envelope. I just -- I just think a more conservative fiscal policy would be to possibly have it a bit higher than 25 percent; possibly 30 percent, or even possibly a tad higher. But -- COMMISSIONER LETZ: My comment, you know, just -- and I think that the 25 percent is sufficient. I think what the Judge said and what the Auditor recommended 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 at 30 percent, I mean, is -- there's nothing wrong with that, necessarily. But the other side of that is that reserve funds -- if you keep an excess balance in reserve funds, that is taxpayers' money that we're basically keeping in a savings account, and you're taxing more than is required, assuming you don't need it. If you do need it, you know, you'll have to deal with that event. But I think that the -- the State Comptroller recommends a number of 25 percent, and I think that is a -- for this year, and also if you're looking down the road a little bit, based on what we can project from some long-term indebtedness being paid off in two years, along with the longevity hit, if you want to use that word, that we're taking in the budget this year, which we will not have next year, I think that 25 percent is an appropriate number, if you take the overall, big things into account. COMMISSIONER WILLIAMS: Based on what I see on the last -- last run that we have here, where the requested expenditures in the general line was 11.5, 25 percent of that would be 2.882, and the estimated balance was greater than that. If you consider the cuts that we've made today and will continue making in some of these line items, we're going to end up at an estimated balance greater than 2.9, so it's going to be more than 25 percent anyhow. It will be closer to 28 or 29. 9-2-03 72 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: All right. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, consider and discuss changing proposed '03-'04 Kerr County budget by establishing an Information Technology Department budget at the same funding levels as specified in the '02-'03 Kerr County budget, plus any applicable longevity or other adjustments as may be designated. COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that Item 1.10 be approved. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. MS. PIEPER: Judge, who seconded? COMMISSIONER NICHOLSON: I did. JUDGE TINLEY: Item Number 1.11, consider and 9-~-G3 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discuss changing proposed '03-'04 Kerr County budget by modifying Court Collections budget account by, one, decreasing Books and Publications line item from $75 to $50 or other amount; two, decreasing Travel line item from $1,200 to $300 or other amount. And I might point out to you gentlemen, I lumped these kind of by department, and certainly, if we get to a point where you want to break any of them out separately, we can certainly do so, but I did so for -- for, I think, clarity purposes and maybe some degree of convenience, 'cause I think they can probably all be handled in one item. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that -- that Item 1.11 be approved. Any questions or discussion? COMMISSIONER BALDWIN: I have a question. On the Travel line, the $1,200 down to the $300, that $1,200 was -- they thought about going to Huntsville and doing all this stuff? JUDGE TINLEY: Exactly. COMMISSIONER BALDWIN: Good. JUDGE TINLEY: That's the reason for the decrease, when that kind of got scrubbed. Any further questions or discussion? All in favor of the motion, ~-z-o3 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Item 1.12, consider and discuss changing proposed '03-'04 Kerr County budget by modifying 216th District Court budget account by, one, deleting elected official salary line item of $1,080 or other amount, and two, adding Special Trials line item in the sum of $150,000 or other amount. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that item 1.12 be approved. Any further question or discussion? COMMISSIONER LETZ: Just a comment, that the -- the reason for the $150,000 in Special Trials is pending a capital murder trial that's in the 216th District Court. JUDGE TINLEY: That's correct. That's why it's there. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: A11 opposed, same sign. (No response.} JUDGE TINLEY: Motion does carry. Item 1.13, consider and discuss change in proposed '03-'04 Kerr County 9-~-03 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 budget by modifying 198th District Court budget account to add the Special Trials line item in the sum of $150,000 or other amount. I threw this in because I was advised very, very late in the game that there's another capital murder trial scheduled in the 198th to occur sometime this year. Sheriff, what's the defendant's name? SHERIFF HIERHOLZER: The 198th capital murder? The only one I know about -- JUDGE TINLEY: Where the baby -- SHERIFF HIERHOLZER: Oh, that's a city case. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That's a civil case? JUDGE TINLEY: City. SHERIFF HIERHOLZER: City. Police Department worked that case with the -- involving the death of an infant child. JUDGE TINLEY: Mm-hmm. SHERIFF HIERHOLZER: And that would be scheduled to -- to be tried sometime this year. And I can't think of the name. JUDGE TINLEY: Is that gentleman in custody? SHERIFF HIERHOLZER: No. JUDGE TINLEY: He's not in custody? MR. PICKENS: Baby's name is Josh. SHERIFF HIERHOLZER: Bond. He's on bond. 9-2-G3 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PICKENS: Josh Freeman was the name. JUDGE TINLEY: Then he may not go -- SHERIFF HIERHOLZER: Not going to carry as much as the one in the 216th, but capital murder is a capital murder trial, and I don't know if there will be something to waive the death sentence in there or not. Whatever. There could be all kinds of options in that; just don't know. JUDGE TINLEY: I realize this particular item, there's been no prior discussion on it through the workshops. This was brought to my attention at the very end of last week, and out of an abundance of caution, I put it in. Now, we can -- my personal opinion is that it probably will not be tried as a capital case. SHERIFF HIERHOLZER: I don't know. JUDGE TINLEY: For whatever that's worth. COMMISSIONER LETZ: I'm trying to find the 198th. COMMISSIONER BALDWIN: 19 -- Page 19. And it's zero. COMMISSIONER WILLIAMS: Yeah. COMMISSIONER LETZ: Special Trials there. COMMISSIONER WILLIAMS: Nothing in there. COMMISSIONER LETZ: What do we have on Court-Appointed Attorneys? $78,000? It appears that 9-?-D3 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there's -- I mean, there's a larger amount than estimated for this year in Court-Appointed Attorneys, which is kind of, you know, akin to this. I don't know if this person's going to need court-appointed legal services or not. SHERIFF HIERHOLZER: I don't recall. JUDGE TINLEY: With an individual on bond, you can generally presume that if they can make bond, they're going to have a hard time convincing the trial judge that they need a court-appointed lawyer. That's kind of an unwritten rule. There's obviously some exceptions. COMMISSIONER LETZ: Is your department, Rusty, or K.P.D. responsible for the security and things of that nature? SHERIFF HIERHOLZER: Security would be all our department once the trial starts, no doubt. COMMISSIONER LETZ: I mean, I think we need to budget for it if -- I mean, you know, if there's something there, we need to budget for it. It appears -- from what I'm hearing, I don't see that -- there may not be anything there that we need to budget for. COMMISSIONER WILLIAMS: Well, question. Could we just raise the Court-Appointed Attorney to $100,000, which gives it some -- some additional money there? COMMISSIONER LETZ: Well, I don't think that 9-2-03 78 1 2 .-. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be the appropriate line item, just because the conventional wisdom at the moment is he's probably not going to need court-appointed -- COMMISSIONER BALDWIN: So let's put $75,000 in Special Trials. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Is that a motion? COMMISSIONER BALDWIN: Yes. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: I second. COMMISSIONER BALDWIN: Linda, they're letting me make motions and everything up here. MS. DECKER: Oh, no. JUDGE TINLEY: Motion's been made and seconded that the '03-'04 proposed Kerr County budget be modified, that the 198th District Court budget be modified to add $75,000 in the Special Trials line item. Any further questions or discussion about the motion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed -- COMMISSIONER NICHOLSON: I voted for it. JUDGE TINLEY: Okay. All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, 9-2-03 79 1 2 3 4 5 6 8 9 10 11 12 13 .~ 14 15 16 17 18 19 20 21 22 23 24 25 consider and discuss change in proposed '03-'04 Kerr County budget by modifying District Clerk budget account by, one, decreasing Operating Equipment line item from $2,600 to $600 or other amount, and two, adding Capital Outlay expenditure of $2,600 or other amount for acquisition of big printer. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that Item 1.14 be approved. Any further questions or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Number 1.15, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Justice of the Peace, Precinct Number 4 budget account to increase Office Supplies line item from $2,095 to $2,600 or other amount. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to approve 1.15. Any further questions or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) 9-2-G3 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. 1.16, consider and discuss changing proposed '03-'04 Kerr County budget by modifying the County Jail budget account by, one, increasing Employee Medical Exams line item from $4,000 to $4,500 or other amount; and two, increasing Jail Uniforms line item from $8,000 to $9,000 or other amount; and three, increasing Prisoner Meals line item from $170,000 to $180,000 or other amount; and four, increasing Prisoner Transfer line item from $16,000 to $25,000 or other amount; and five, increasing Radio Repair line item from $500 to $1,000 or other amount; and six, increasing Training line item from $4,500 to $8,000 or other amount. COMMISSIONER BALDWIN: I remember most of this, but I don't remember all of it. Is that what we kind of nodded around here last week? SHERIFF HIERHOLZER: It is. The only one that I would say you could leave is that very first one, from the $4,000 to $4,500. Since we eliminated four positions, you can leave that at the $4,000. COMMISSIONER BALDWIN: Cool, dude. I'm with you. I'm with you, Rusty. You and me are buddies. SHERIFF HIERHOLZER: Yeah. JUDGE TINLEY: With that -- with that change, 9-2-03 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do I hear a motion that 1.16 be approved? COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded that 1.16 be approved, as modified, by item one, decreasing from -- by leaving it at $4,000, not increasing to $4,500. Any further question or discussion? All in favor of the motion. Signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, 1.17, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Parks Maintenance budget account to decrease Operating Equipment line item from $2,000 to $1,200 or other amount. COMMISSIONER WILLIAMS: Just a second, Judge. I may have a question here. JUDGE TINLEY: This is the one where -- COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: -- apparently the Auditor plugged in off of another line $2,000, when, in fact, it should have been $1,200 too begin with. COMMISSIONER WILLIAMS: Okay. My question has to do with another -- 9-~-03 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Yes. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that 1.17 be approved. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. 1.18, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Constable, Precinct Number 1 budget account by, one, increasing Miscellaneous line item from $100 to $700 or other amount to acquire radio; two, deleting Fuel and Vehicle Repair line items, the existing ones; three, adding new Fuel line item in the amount of $1,300 or other amount; four, adding new Vehicle Repair line item in the amount of $500 or other amount; five, adding new Vehicle Insurance line item in the amount of $6,750 or other amount; and six, adding Capital Outlay line item in the amount of $7,200 or other amount to acquire and equip new vehicle patrol unit. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Wait a minute. JUDGE TINLEY: Got a motion by Commissioner 9-2-03 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Williams, but I don't recall having heard a second. COMMISSIONER BALDWIN: I'll second it so we can have some discussion. JUDGE TINLEY: Okay. Motion made and seconded to approve 1.18. COMMISSIONER LETZ: My question was, when I was going through the new printout that we received, it appeared that some of the constables had different amounts than other constables, and I was under the impression that we were -- our overall intent was to kind of equalize their line items. And the only exception that I remember to that is the radio that 1 and 3 didn't have. MR. PICKENS: Right. COMMISSIONER LETZ: Which would be $600 higher for those two. And I just wasn't clear that we had done that with -- when I went through this. I apologize, I haven't had time to go through and compare exactly what is on the agenda to what's in here, but I -- JUDGE TINLEY: My -- my intent in preparing all of these agenda items was, in the two cases in which there were radios needed, to add them, and in all of those budgets -- of course, we're excluding 4, since we don't get into the automobile -- anything relating with equipment repair, fuel, and insurance in existing line items, that those be eliminated. we establish uniform line items for 9-z-c~ 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fuel for $1,300, Repairs, $500, and Insurance for $650, plus the Capital Outlay for each. I think that's what that says. COMMISSIONER NICHOLSON: Judge, it's my understanding that, although we weren't buying an automobile for Constable, Precinct 4, that he would be granted these same benefits for fuel and repairs and insurance and those things as the other three are. COMMISSIONER BALDWIN: I agree with that. COMMISSIONER LETZ: I agree with that. COMMISSIONER WILLIAMS: That's the way it ought to be. JUDGE TINLEY: On 4, I treated him differently from 1, 2, and 3, where vehicles were going. The only thing I did to 4 was to increase his elected official's salary line item up to a full salary. Now, whatever he's got in there for fuel, you know, he would continue to have. Let's take a look. COMMISSIONER NICHOLSON: Doesn't have anything. What I'm saying is, with the exception of the $7,200 to purchase a vehicle, Item 6, that the Precinct 4 constable should get the same provisions as you've got there, 1 through 5 for the other three. JUDGE TINLEY: The fuel, insurance, and repairs? Essentially, the new line items for fuel, insurance, and repairs? 5-2 G3 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Yes. JUDGE TINLEY: I think you're exactly right, and I apologize for that omission. I missed it somehow. We can correct that when we get to 1.21. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: While we never did finalize the purchase of fuel, I thought the Sheriff at one time indicated a willingness to enable the constables to buy fuel the same way his deputies fuel their vehicles. Do I remember correctly, Sheriff? SHERIFF HIERHOLZER: Yes, you do. We have -- that went through RFP's and bids over here on Schreiner Street, Maxey. We have an account set up where it is tax deducted, and each of our units is issued a gas card, okay? And the units are assigned a number, so when the monthly bills come, in I see it. And what I had suggested, if they wanted to, to keep that lower rate, is if you put that fuel amount in our budget, then we would take care of it for the constables and issue them a card to where they can get it at the same place. Only thing, I'd have to just watch each month and see. COMMISSIONER WILLIAMS: That's the reason I raised it, because to me, that makes sense. There's some control on it. You get fuel at a cheaper price, correct? SHERIFF HIERHOLZER: Right. 9-2-03 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,.-.. 25 COMMISSIONER WILLIAMS: Without paying taxes. I don't know how that will work for Constable 4, whether that works for him or not. It may not, but it certainly works for 1, 2, and 3. COMMISSIONER NICHOLSON: I think it would work for him. JUDGE TINLEY: He needs to get whatever the benefits 1, 2, and 3 are getting. He -- at a minimum, he needs those benefits, if not more, because he's providing his own vehicle. COMMISSIONER BALDWIN: The only problem -- is he driving from Ingram into Kerrville to tank up? COMMISSIONER NICHOLSON: Yeah, we carpool every now and then. COMMISSIONER WILLIAMS: So, if we follow the Sheriff's suggestion, we would be -- would be rolling that $1,300, 13 times 4, into the Sheriff's fuel line item. SHERIFF HIERHOLZER: Right. COMMISSIONER LETZ: Only thing I don't like with that is, why can't we get a -- is for future tracking, just so -- it's a constable expenditure, and it ought to be in the constable's budget. And I wouldn't know why -- SHERIFF HIERHOLZER: They could probably get the same type of account out there and get their own -- own card and own account. I'm just offering it for us. However 9-2-03 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they want to do it. JUDGE TINLEY: That's at the same terms, same rates as you're paying, I feel certain. SHERIFF HIERHOLZER: I won't speak for that company, but I wouldn't see -- us and the police department get fuel from there. COMMISSIONER BALDWIN: I think Jon's right. Being able to budget, break it out and see -- at the end of the year, see what's really happened here. COMMISSIONER WILLIAMS: I like that idea. COMMISSIONER LETZ: But the other question I have was, from looking at them -- and the dollars are pretty insignificant, but trying to keep things equal, Constable 1, Office Supplies, $50; Telephone, $600. Two, Office Supplies, $40; Telephone, $600. Three, Office Supplies, $100; Telephone, $125. And I really don't -- you know, don't know why there would be any difference between those items. MR. GARZA: I use my own cell phone. I pay for my own. I've got a prepaid cell phone, and so basically my money for the phone is just for my office phone, whatever calls I make. Any calls I get and I use my own personal cell phone, I pay out of my own pocket. COMMISSIONER LETZ: Okay, that answers that. Okay. Leave them the way they are. 9-2-03 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Judge, what about a couple of years ago, we rolled -- a couple years ago -- last year, we rolled the travel into the salary, and I see that it's not rolled back out. Did we intend to do that? I intended to do that. JUDGE TINLEY: Okay. Well, we probably should have done that up under 1.8. COMMISSIONER BALDWIN: Probably should have, but we didn't. But it's not too late. JUDGE TINLEY: I guess we can go back and revisit 1.8, can't we? COMMISSIONER BALDWIN: Yes, we can. COMMISSIONER NICHOLSON: Would you explain that to me, Commissioner Baldwin, what we're doing? COMMISSIONER BALDWIN: What we did? We've always had a travel line, and we've always had a salary line. And we started visiting about it and realized that the travel money was really and truly salary, so we rolled that travel into the salary line. COMMISSIONER NICHOLSON: You did that across all -- across county-wide? COMMISSIONER BALDWIN: Yes. COMMISSIONER NICHOLSON: Did that with Commissioners and -- COMMISSIONER BALDWIN: Yes. And now, 9-~-G3 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 suddenly -- so we've done that, and so suddenly we come back now, and some departments are wanting a travel line. And we're -- and, in my mind, we're paying double here. We're paying for travel, and then we're turning around and paying for travel. So I think -- personally, I think that that -- that travel that we had rolled into the salary needs to come right back out into a travel line and be spent for what it really is. COMMISSIONER LETZ: And I think -- and with the constables, the County's now providing a car, and -- and fuel under separate line items; we're providing more than the travel that we rolled in originally. COMMISSIONER WILLIAMS: What was that amount we rolled in originally? MS. NEMEC: $1,800. COMMISSIONER LETZ: $1,800. COMMISSIONER NICHOLSON: Was it the same for all four? COMMISSIONER LETZ: Yes. MS. NEMEC: I think so, yes. COMMISSIONER BALDWIN: I could just see us, in three years -- we do this; in three years, we roll the travel into the salary, and come back in three years later and do the same damn thing again. I mean, that's -- commissioners courts do those kinds of things. Goofy. And G-2-U3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 somehow we need to get a handle on that and stop now. COMMISSIONER WILLIAMS: I see something else that I'm curious about. The salary listed for Constable, Precinct 1, is $26,992. The salary listed for Constable, Precincts 2 and 3, is $29,492. If we back out the salary -- the $1,800 from Constables 2 and 3, that would still leave those two with $1,000, approximately, more than Constable Number 1. My question is, why? JUDGE TINLEY: Tell you why. One, if you'll recall, the original budget was $29,492. But what you're looking at is the estimated actual because that went unfilled for a while. But other than that, they should all be the same. COMMISSIONER WILLIAMS: I got you. COMMISSIONER BALDWIN: Unexpired term. COMMISSIONER WILLIAMS: That's it, thank you. COMMISSIONER NICHOLSON: Commissioner Baldwin, this -- this issue vis-a-vis Constable, Precinct 4 -- again, I'm not trying to -- to get special advantage for that constable. I want -- COMMISSIONER BALDWIN: Well, sure you are. COMMISSIONER NICHOLSON: I want them all to be alike. Well, everything is better out there, but we need to treat everybody the same. Does the fact that he owns his own vehicle have anything to do with this -- with this 9-2-03 91 1 I issue? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Sure. COMMISSIONER WILLIAMS: Well, if it does for him going forward, it should have for the others going back. COMMISSIONER LETZ: I'm not sure I understood that. But -- COMMISSIONER WILLIAMS: Well, if we're giving credit for going forward for this constable having his car, we got -- do we give credit to the others for having used their car all these years? COMMISSIONER LETZ: Yeah. We gave them $1,800. COMMISSIONER BALDWIN: I don't remember -- just to answer your question, I don't recall what we did with Precinct 4. Have we -- have we always had a separate line there, travel line of $1,800, rolled it into the -- did we do that with him as well? COMMISSIONER LETZ: I mean, we -- originally, we did. But as to now, what we do, I don't think we ever discussed it. I mean, we agreed that he would get the same fuel allowance, but the fuel allowance is part of the $1,800. But he is probably coming out better with the $1,800 than the $1,3C0 in the -- no, he's coming -- what's the vehicle -- well, the same; that's how we came up with the $1,800, I guess. So -- °-^_-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 COMMISSIONER NICHOLSON: So you see it as being fair? If you take the $1,800 back, you see it as being fair to take it back a cross the board? COMMISSIONER LETZ: Because we added -- yeah. JUDGE TINLEY: Take $1,800 back from the constables in lieu of the ca rs that they're pr ovided and that they're being provided? COMMISSIONER LETZ: You take it back from all four. JUDGE TINLEY: I don't think you could take it back from Precinct 4, who's providing his own vehicle, if that's the purpose for the $1,800. COMMISSIONER LETZ: But we added $1,800 of fuel and auto repairs. JUDGE TINLEY: Well, you're giving the others that also. vehicles. service. COMMISSIONER LETZ: Those are County-owned JUDGE TINLEY: He's performing the same COMMISSIONER LETZ: He chose not -- and also, he chose not to get the new vehicle. COMMISSIONER BALDWIN: See, that's kind of where I'm coming from. He made that choice. He made the choice. If he wanted a new County-owned car, he could 9-2-03 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably get one. COMMISSIONER WILLIAMS: Yeah. The distinction is, he's -- the $1,800 would be used for his car, and the 1, 2, and 3 would be used for a County car. COMMISSIONER NICHOLSON: If it's fair, I`m fine with it. It sounds like it's fair. JUDGE TINLEY: You're going to give him the $1,300, the $500, and the $650, though? COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: Yeah, correct. COMMISSIONER BALDWIN: So, what are we doing about the travel and salary thing? Are we just going to blow right past that? COMMISSIONER LETZ: No. COMMISSIONER BALDWIN: We can always have another meeting next week. JUDGE TINLEY: Yeah, sure could. In fact, we got one next week. COMMISSIONER WILLIAMS: Buster, your constable wants -- MR. PICKENS: So, if I'm hearing this right, you're saying you're going to give the constable out of Precinct 4 the $1,300, $500, $650 for the personal vehicle, plus he gets the pay raise as well, too, of the $29,492, and we get docked on our salary? Is that what I'm 9-z-a3 1 2 ^. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 understanding? COMMISSIONER BALDWIN: Maybe. Why? MR. PICKENS: I'm just asking. COMMISSIONER BALDWIN: No, I think I hear a little anger in your voice. MR. PICKENS: No, I'm just trying to get clarified on this. COMMISSIONER LETZ: I don't know that anyone's getting docked anything to start with, but the $1,800 travel allowance comes out of all four constables, and then everyone gets the new line items that are -- exceed the $1,800. MR. PICKENS: Okay. COMMISSIONER LETZ: We're treating all four constables exactly the same, except three of you constables get new cars the County's paying for, and the one that chose not to isn't getting a new car, but the travel portions are the same. COMMISSIONER NICHOLSON: If he chooses not to be constable again whenever that new election comes up, then we'll -- and we get a new one, we'll have to deal with the car issue. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: And that's one reason 9-2-03 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'd like to -- personally, I'd like to leave all those lines the same in there. 'Cause if we get a new constable in a few years, we're going to -- this Court is going to forget what happened and start all over. MS. NEMEC: I'm a little confused how you're going to take $1,800 from that salary when it was not added in there. If y'all could -- you could pass that around, that might make some sense. COMMISSIONER WILLIAMS: A complication has arisen. COMMISSIONER BALDWIN: Doesn't shock us, though. (Discussion off the record.) COMMISSIONER LETZ: I don't want to -- MS. NEMEC: Okay, you see where the Constable 1, 2, and 3 are making $29,492? COMMISSIONER LETZ: Right. MS. NEMEC: In that $29,492, travel was added to that amount. COMMISSIONER LETZ: Right. MS. NEMEC: But if you see Constable 4 back in salary in 2000-2001, his salary was $20,322, and you see that zero there for travel? There was nothing ever added to his salary for travel. JUDGE TINLEY: Well, he'll be brought up to 9-~-03 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that same level, or at least that's the proposal. COMMISSIONER LETZ: I thought that -- I mean, that was a -- MS. NEMEC: So you're not saying you're going to take Constable 4's salary and minus $1,800 from his salary, right? That's not what you're saying? COMMISSIONER LETZ: I thought his salary was the same as the other ones. MS. NEMEC: It will be now. COMMISSIONER NICHOLSON: We're going to have the same salary for all of them. JUDGE TINLEY: It will go up and then it will come back. COMMISSIONER WILLIAMS: Wait a minute. Isn't Constable 4's salary less because he volunteered to have something deducted to pay for a deputy? MS. NEMEC: Right. MR. GARZA: Exactly. COMMISSIONER WILLIAMS: Now we're adding that back; we're paying the deputy separate, and we put that money back into his line. Now, what does that do? MS. NEMEC: Well, if you leave them all -- I mean, as long as the -- the end result is that they're all the same, it will be okay. But -- but, technically, you can't take his salary that he has now and take $1,800 from 9-2-03 97 1 2 ,--~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that line like you're doing to the other constables, 'cause there was never $1,800 added to his salary for that. He never had a travel. COMMISSIONER WILLIAMS: Take his salary, the one you're talking about, and add back the amount that he deducted for a deputy. Put that back into his salary. Where is he, then, in relation to the others? MS. NEMEC: I think he's still, like, $4,000 off. It's not -- COMMISSIONER NICHOLSON: No, he's the same in the current proposal. JUDGE TINLEY: Add $2,400 and he's back up even with them. MS. NEMEC: Even? COMMISSIONER WILLIAMS: Should be. COMMISSIONER NICHOLSON: $29,429. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: Okay. COMMISSIONER NICHOLSON: So, we're going to leave them all at $29,429? COMMISSIONER LETZ: Minus $1,800. JUDGE TINLEY: 492, I believe. COMMISSIONER LETZ: $29,429. $1,800, which -- I mean, if we take it off of one, I mean -- MS. NEMEC: Okay, I see what you're doing. 9-''-03 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. AYALA: Could I ask a question? MS. NEMEC: Plus the 2 and a half percent cost-of-living. COMMISSIONER WILLIAMS: $27,629? COMMISSIONER LETZ: Yes. MR. AYALA: I understand what y'all are doing with the travel and don't have a problem with it. My question is, how come we weren't included with the $1,000 across-the-board raise for elected officials? COMMISSIONER LETZ: Good point. COMMISSIONER WILLIAMS: That's a good question. (Discussion off the record.) COMMISSIONER NICHOLSON: The reason you weren't is 'cause we knew we were going to be having this discussion. COMMISSIONER LETZ: And we were waiting on you to remind us. COMMISSIONER NICHOLSON: Sounds like an option is to take that $29,429, subtract $1,800, add back $1, 000. COMMISSIONER WILLIAMS: Or just take off $800. COMMISSIONER NICHOLSON: That's it. MS. NEMEC: Okay. We're going to take -- 9-2-03 99 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 we're going to take the 29,4 -- MR. PICKENS: 492. MS. NEMEC: -- 492, and give a 2 and a half percent cost-of-living increase to that, which makes it $30,229, and then we're going to take off the $1,800, and then we're going to add back $1,000? COMMISSIONER BALDWIN: Correct. 8 understand it. MS. NEMEC: Okay, I've got it. COMMISSIONER BALDWIN: That's the way I COMMISSIONER WILLIAMS: It should end up being $28,629. That's taking only -- taking $800 off the $29, 429. COMMISSIONER LETZ: Okay. JUDGE TINLEY: We're not at 492; I don't know where all this dyslexia crept in here. COMMISSIONER WILLIAMS: One more time? MS. NEMEC: I've heard 29 instead of 92. COMMISSIONER WILLIAMS: Minus $800. New number, $28,629 salary. I would incorporate that change in my original motion, Judge, before we get off on another track. JUDGE TINLEY: As a -- as an amendment to COMMISSIONER WILLIAMS: Yes, sir. .._. 25 9-2-03 1.8? 100 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 yes, sir. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That's where we are, COMMISSIONER LETZ: Can I hear 1.8? JUDGE TINLEY: 1.8 has to do with the elected officials' salary, that particular item. COMMISSIONER LETZ: I know what it's about. Okay, we're making the changes, and the final salary is $28, 629? COMMISSIONER WILLIAMS: Under the constables, yes, it would be $28,629, with the adjustment. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Okay. And your rationale was the regular salary, less $800? COMMISSIONER WILLIAMS: Yes, sir. I think also, Judge, after we've taken action on 1.18 -- that's where we are now -- I think we ought to go back to 1.8 and remove constables from that motion on 1.8, to be consistent with what we've done. JUDGE TINLEY: Very good. Very good. Okay. Do we have a motion and a second on the floor? You amended your motion. 23 24 25 5-2-03 COMMISSIONER WILLIAMS: 1.18. I moved it. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: I think Commissioner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 101 Baldwin seconded. I think. JUDGE TINLEY: You seconded? COMMISSIONER BALDWIN: God, who knows? COMMISSIONER LETZ: I believe it was Commissioner 1. COMMISSIONER BALDWIN: I think I did. MS. PIEPER: Yes. JUDGE TINLEY: Okay. And that amendment is acceptable to you, Commissioner Baldwin? COMMISSIONER BALDWIN: I expect. JUDGE TINLEY: Okay.. Any further discussion on 1.18? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. At Commissioner Williams' suggestion, we will go back to 1.8. COMMISSIONER WILLIAMS: I would move, Judge, that we remove constables from that court order. COMMISSIONER LETZ: And note that it was -- COMMISSIONER WILLIAMS: It was taken care of under 1.18. JUDGE TINLEY: Okay. 25 ~ COMMISSIONER LETZ: That applies for 1.19 and 9-2-03 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 1.20 as well, the constables? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. Well, we -- COMMISSIONER LETZ: And this -- JUDGE TINLEY: That's part of the motion, then. COMMISSIONER LETZ: And one more thing, just to make it a little more confusing. Since we didn't -- since we don't have a later item related to Constable 4 -- or we do have a later item? JUDGE TINLEY: Yeah, it's 1.21, but we're going to have to treat that differently. Item 1.19, do I hear the same motion with respect to that as I heard for 1.18? COMMISSIONER WILLIAMS: I would amend my motion to include 9. JUDGE TINLEY: 19, you mean? COMMISSIONER WILLIAMS: 1.08 and 1.09. Isn't that correct? COMMISSIONER LETZ: 1.19. COMMISSIONER WILLIAMS: Oh, 19, I'm sorry. JUDGE TINLEY: We have the same thing for 1.20. COMMISSIONER WILLIAMS: We're not there yet. JUDGE TINLEY: Okay. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 SHERIFF HIERHOLZER: Only thing 19 and 20 have that 18 doesn't is the postage. COMMISSIONER LETZ: I think we need to do them one at a time. JUDGE TINLEY: Yeah, that's a good idea. COMMISSIONER WILLIAMS: I agree. Let's just do -- JUDGE TINLEY: 1.19, consider and discuss change in proposed '03-'04 budget by modifying Constable, Precinct Number 2 budget account by, one, increasing -- COMMISSIONER WILLIAMS: By one? Judge, we didn't vote on 1.18, did we? MS. PIEPER: No. JUDGE TINLEY: We did not? MS. PIEPER: No, you did not. JUDGE TINLEY: I stand corrected. Any further question or discussion on 1.18 as amended? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.} JUDGE TINLEY: Motion does carry. COMMISSIONER BALDWIN: I think we did. JUDGE TINLEY: I think we did, too. I had already had it marked, "4-0." 1.19, consider and discuss a-z os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 changing proposed '03-'04 budget by modifying Constable, Precinct Number 2 budget account by, one, increasing Postage line item from $37 to $100 or other amount; two, deleting existing Fuel and Vehicle Repair line items; three, adding new Fuel line item in the amount of $1,300 or other amount; four, adding new Vehicle Repair line item in the amount of $500 or other amount; next, adding new Vehicle Insurance line item in the amount of $650 or other amount; and six, adding Capital Outlay line item in the amount of $7,200 or other amount to acquire and equip new vehicle patrol unit. COMMISSIONER WILLIAMS: That makes that consistent with number 18? JUDGE TINLEY: With the exception of the Postage line item, I think. And it doesn't have the radio in it. COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that 1.19 be approved. Is it your intention that this operate the same as 1.18 did? COMMISSIONER WILLIAMS: If there are some differences in postage because they think they need it, I'm okay with postage. JUDGE TINLEY: Well -- COMMISSIONER WILLIAMS: They all have 9 2-03 1 ..., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 105 different requirements. JUDGE TINLEY: -- what I'm speaking of, this one doesn't have the $800 item in it at this point. COMMISSIONER WILLIAMS: The $800? JUDGE TINLEY: You removed the constables from the -- COMMISSIONER WILLIAMS: That's constables, plural, so that would apply all across-the-board. JUDGE TINLEY: Okay. That took care of $1,000. You going to do something with the other $800, or leave it alone on 2? COMMISSIONER WILLIAMS: We removed $800. JUDGE TINLEY: On 1. COMMISSIONER WILLTAMS: We removed $800 from salary, right? JUDGE TINLEY: On 1. COMMISSIONER WILLIAMS: Make it -- make it uniform. Applies here, too. JUDGE TINLEY: Okay. Just wanted to make sure we got into the record what the intent was. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: I have a motion. Do I have a COMMISSIONER NICHOLSON: I think I seconded. JUDGE TINLEY: All right. Any further ,--~ 25 9-~-03 second? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,-_ 25 106 questions or discussion? All in favor of 1.19, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. 1.20. This is Constable, Precinct 3, proposed changes to the budget. We're increasing Miscellaneous line item from $100 to $700, again, to acquire a radio; increasing the Postage line item from $37 to $100, and increasing the Office Supply from $50 to $100, deleting the existing Fuel, Vehicle Repair, and Vehicle Insurance line items, adding new Fuel line item of $1,300, adding new Vehicle Repair line item of $500, adding new Vehicle Insurance line item of $650, and adding Capital Outlay line item in the amount of $7,200 to acquire and equip new vehicle patrol unit. COMMISSIONER LETZ: So moved. And this is with the same salary adjustment. JUDGE TINLEY: The $800 salary adjustment? COMMISSIONER LETZ: Correct. MR. GARZA: Question. Commissioners, will I still have a Training School line item in my budget? JUDGE TINLEY: Yes, sir. MR. GARZA: Okay. JUDGE TINLEY: Doesn't change that. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .._. 25 107 MR. GARZA: Okay, just asking. Thank you. COMMISSIONER WILLIAMS: Are you confused, Angel? MR. GARZA: Yes, sir, Commissioner, I am. COMMISSIONER WILLIAMS: Welcome to the crowd. MR. GARZA: No, I was asking, 'cause the other constables are going to have more in their telephone, and I was hoping to put mine into training. One further question. Are we still included in the training for Thunder Ranch, all three constables? I mean, is there -- was there money budgeted for us to -- JUDGE TINLEY: Whatever -- whatever was in the original budget remains the same, except as we're modifying it right here. Now, how you intended to expend that, I don't know. SHERIFF HIERHOLZER: Except for them buying their own ammo, I think that comes out of our budget. It comes out of my training budget to pay for those ranch visits. COMMISSIONER WILLIAMS: Can we consider that an invitation for them to attend? SHERIFF HIERHOLZER: Not their deputies, but the constables. That was agreed to a couple years ago at this Court. (Discussion off the record.) 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 108 JUDGE TINLEY: Who made the second? MS. PIEPER: There was no second. COMMISSIONER WILLIAMS: Second. I'll second, JUDGE TINLEY: Motion made and seconded to approve 1.20, as modified, with the $800 salary adjustment. Any further questions or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Did you vote, Commissioner Baldwin? COMMISSIONER BALDWIN: Aye. JUDGE TINLEY: Okay, motion carries. Item 1.21. This is Precinct 4 Constable. The only thing I've got here is to elevate the salary to the initial parity of $29,492 before any other adjustments, such as COLA or whatever. It's my understanding that, based on the discussions, we need to add to that some new line items or additional line item accounts to provide for Fuel in the amount of $1,300, Vehicle Repair, $500, Vehicle Insurance for $650. COMMISSIONER NICHOLSON: And subtract the $800 to back out the travel allowance. COMMISSIONER WILLIAMS: Which would make it 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 $28,629 on the salary line. COMMISSIONER LETZ: Same salary. JUDGE TINLEY: Okay. MS. NEMEC: I come up with $28,692. COMMISSIONER WILLIAMS: 629. JUDGE TINLEY: Do I hear a motion to that COMMISSIONER WILLIAMS: MS. NEMEC: Have I 29 and you subtract $800 from that, what JUDGE TINLEY: You get MS. NEMEC: Right. Th That's what I'm coming up with. COMMISSIONER WILLIAMS: Mickey Mouse calculator. What is it? -- if you take $29,492 do you get? 92, not 29. at's what I'm saying. I get $28,692 on my MS. NEMEC: Earlier, you were saying 29. You were saying 29. SHERIFF HIERHOLZER: You stated it wrong. JUDGE TINLEY: You made the motion? COMMISSIONER NICHOLSON: The motion. COMMISSIONER LETZ: Second. JUDGE TINLEY: And motion's been made and seconded to approve 1.21 and to adjust that item by decreasing the salary, after increasing it, by $800, adding the three line items -- new line items for fuel, $1,300; 9-~-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 repair, $500; insurance, $650. Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Okay, 1.22, consider and discuss changing proposed '03-'04 budget by modifying Sheriff's Department budget account by, one, reducing Group Health Insurance from $370,008 to $279,696 to correct the error in the original budget, increasing Uniform line item from $10,000 to $12,000, increasing Crime Prevention line item from $500 to $1,000, increasing Training Schools from $1,800 to 25 -- $18,000 to $25,000, adding Capital Outlay line item of $46,535 to acquire and equip four new vehicle patrol units. The error in the original budget had to do with a re -- an erroneous computation of the number of people that -- that it was required to purchase health insurance for, and that was an error that I made. So, we -- we made some money by -- by that error. COMMISSIONER WILLIAMS: This has a positive effect nn our ending balance? Is that what you're saying? JUDGE TINLEY: Yes. Yeah, it's going the right direction for a change. 9-2-03 111 1 .-.. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: This change was already in the new printout? JUDGE TINLEY: Yes, it is. It is in there. But since -- COMMISSIONER LETZ: Right. JUDGE TINLEY: -- the proposed budget we're working off of is the one that I filed, that's the reason I -- COMMISSIONER LETZ: I understand. JUDGE TINLEY: -- couched them all as I have. COMMISSIONER LETZ: Okay. So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to approve 1.22. Any further question or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. 1.23, consider and discuss changing the proposed '03-'04 budget by modifying Juvenile Probation budget account by, one, increasing Attorney Ad Litem fees line item from $25,000 to $35,000, and two, increasing Alternate Housing line item from $65,103 to $100,000. COMMISSIONER LETZ: So moved. 9-2-03 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Which -- which tab are we at? Is that Juvenile Probation, 53? It is in my book. JUDGE TINLEY: Works for me. COMMISSIONER WILLIAMS: I have a question, and I guess you can answer it, Judge. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: How are salary increases set in this particular budget? JUDGE TINLEY: I can tell you how the budget got here. The Juvenile Board approved it and sent it here. And there was one salary adjustment that was necessary to be made. Are there longevity increases there also? MS. NEMEC: Yes, sir. JUDGE TINLEY: I believe there are, yeah. Yeah. Other than the one adjustment that needed to be made to give parity between the -- the probation officers, they're basically under the same rules that everybody else is playing by. But the second step to that is that that's what the Juvenile Board approved and sent this way, with the exception of the two changes which I'm -- which is in the item. COMMISSIONER WILLIAMS: Okay. And the Juvenile Board consists of two District Judges and the County Judge? 9-2-03 113 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: That's correct. That's correct. COMMISSIONER WILLIAMS: I just want the record to show -- I'm not going to vote against it. I want the record to show, however, that this represents, in both those cases, a percent -- I'm not sure how much of that is attributed to longevity, but it is considerably more than others, and I just want the record to show that. I'm not going to vote it against it, however. JUDGE TINLEY: There was -- in the salary item, you're talking about? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Yeah, there was one adjustment that was necessary, and -- and I think the Juvenile Board thought it was absolutely essential. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: Necessary? JUDGE TINLEY: Hmm? COMMISSIONER LETZ: I mean, I guess -- was it just an increase? Or was it a -- a change? Or -- I mean, was it a merit increase? Was it because somebody else was making too much; there had to be an adjustment to keep the position correct? Or new responsibility? What was the -- I guess the category it would fall under as the reason for the increase? 9-2-03 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Avoid E.E.O.C. Is that plain enough, Commissioner? COMMISSIONER LETZ: Sort of. COMMISSIONER WILLIAMS: That's a pretty good reason. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Move approval. MS. PIEPER: Commissioner Baldwin, did you just second that motion? COMMISSIONER BALDWIN: No, I did not. JUDGE TINLEY: I didn't hear him second it. I have a motion to approve 1.23. Do you hear a second? Let's move on. Item 1.24, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Health and Emergency Services budget account by, one, increasing U.G.R.A. Contract line item from $50,000 to $64,000, and two, decreasing First Responder Coordinator line item from $10,831 to $9,675. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded to approve 1.24. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. 9-2-03 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Motion carries. Item 1.25, consider and discuss changing proposed '03-'04 Kerr County budget by modifying the Rabies and Animal Control budget by increasing Operating Expense line item from $7,500 to $8,000. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded to approve 1.25. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. Item 1.26, consider and discuss changing proposed '03-'04 budget by modifying County-Sponsored Activity budget account by, one, eliminating and reducing funding to selected agencies, as may be determined by the Court; and two, increasing KCAD, Kerr Central Appraisal District, contract line item from $91,094 to $97,648. COMMISSIONER WILLIAMS: Judge, I think there's an error on 410 and 420. And I don't think -- I think the Court's intention was not followed. JUDGE TINLEY: Where are you? COMMISSIONER WILLIAMS: I'm on Page 64, under 410, which is Dietert, for its programs to the elderly. We 9-2-03 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have heretofore funded them to -- to their requested amount of $15,000, which was renewed again by Tina Woods here at our last meeting. Our intention was to fund public transportation to a larger amount, which we indicated our willingness to do, and that amount is $7,883. Now, what was done apparently on 410 and 420 was to take the 15 and divide it in half, and give public transportation $7,883, and cut Dietert to $7,117. I don't think that was our intent. Our intent was to increase public transportation. I'd like to see Dietert restored to the level of 15, and the funding for public transportation $7,883 as well. You see what he did? He took the 15 under 410 and split it in half, and $7,883 and $7,117 gives you 15. JUDGE TINLEY: Mm-hmm. Yeah, I took the $7,883, which was the suggested transportation AACOG allocation for Kerr County, took that off of the 15, gave the balance of the 15 to -- to Dietert. And, inasmuch as Dietert had been providing the transportation heretofore, I eliminated the $5,000. COMMISSIONER WILLIAMS: But even if you just took the difference between the $5,000 public transportation which was in there, and added the additional $2,883, that would still leave Dietert more than $7,117, even if you did it that way. JUDGE TINLEY: No, my intention was to divvy a-?-os 1 ,~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 117 up the $15,000. That's what I did. COMMISSIONER WILLIAMS: Well, I'd like to see Dietert restored to 15, and fund public transportation as well. COMMISSIONER BALDWIN: And your reasoning is? COMMISSIONER WILLIAMS: They provide a lot of -- a lot of services for seniors that, if they weren't there to provide those services, I just feel confident Commissioners Court would have to fund it somehow, to some extent in excess of $15,000. So I think we really get a pretty good bang for our buck by helping out Dietert Claim for $15,000. COMMISSIONER BALDWIN: I don't know if I -- I understand what you're saying, and I almost agree, but I don't know that this Commissioners Court would ever feel like that we have to fund that. That -- really and truly, that is a function of the church, and out of the kindness of the Commissioners Court, we come along with tax dollars doing this, and have for many years. I mean, I've always been for it and -- always been for it and always will be, but I don't know that the Judge is doing the wrong thing here. I mean, I don't -- I don't know. Hope y'all don't make me -- make me vote on this right this moment, because I .-.. 25 9-2-03 COMMISSIONER LETZ: I think that the -- I will. 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mean, the -- going back to the discussion that I recall on this overall item is that the -- the County feels like we should get out of the business of sponsoring social entities, and I think Dietert is one of those in that category. Now, whether that's too drastic a cut, it may well be, but I think that the -- you know, I guess -- you know, I understand Dietert Claim is a great organization; they do great work. But there are dozens of other organizations that do just as good of work that we don't give a penny to. So I think we either need to, you know, help them all or help none, and I'm in favor of helping none. But to get to that point, I think you need to, you know, get there slowly. I mean, I would be -- if $7,000 is too much of a cut, I can maybe go as high as $10,000 for this year, but I don't have a problem with where it is right now. COMMISSIONER NICHOLSON: I'm supporting that thinking, and what I see here is that we've got six of these social service agencies. Two of them had been eliminated earlier. We got Child Advocacy at 3,000, K'Star at 5,000 Crisis Council and CASA at five, Historical Commission at 2,500, and Dietert Claim at 1,500 (sic), a total of $35,500. We started -- not started; we've been talking about it for a while, but it was a point for your consideration. I'd suggest we think about cutting all of those by 50 percent, 9-2-03 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and -- and informing them of our thinking that -- that we'll -- our strategy that we'll make further cuts in the future. Don't cut them -- don't cut them completely off now, but cut it in half and tell them that we'll be looking at it again next year. COMMISSIONER LETZ: I don't have a problem with that philosophy, but I do -- some of these are -- are basically under the County, as I understand or recall, and I'm not sure which ones. Commissioner Baldwin, can you enlighten me some? COMMISSIONER BALDWIN: I'm sorry, I can't remember all of that. I know that the County uses -- uses the services. It just seems to me we're a little bit late in the game. I like exactly what you're saying, Commissioner 4. I would handle it in the way that this Court has -- we fund R.C.& D., and that is a grant-writing operation, and that these agencies -- we need to let them know that R.C.& D. is out there and the County pays them to write grants, and these agencies need to go to that -- to R.C.& D. and get their grants written, and you have three years and we'll see 'ya, is the way I would handle it. That's the way I've been trying to handle it for years here. COMMISSIONER WILLIAMS: Well, we have a philosophical difference, which -- COMMISSIONER BALDWIN: I understand. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 120 COMMISSIONER WILLIAMS: -- really wouldn't be our first one. COMMISSIONER BALDWIN: Gosh, I thought it was. COMMISSIONER WILLIAMS: I think some of these things truly do a -- a beneficial service to Kerr County, and Crisis Council comes to mind, CASA comes to mind. And we had already cut out Big Brothers and Big -- Child Advocacy comes to mind, K'Star. And I think it's -- I think the County Judge and maybe the County Court at Law Judge could speak more informatively to that than I can, because they do seem to use it, and they would know what kind of services the agencies perform. I do see some obligation there. I only want to make one other comment about Dietert. Prior to this budget going into effect -- or prior to Dietert getting out of public transportation, the County funded Dietert for two purposes, to the tune of $20,000. 5,000 bucks is escaping someplace, and it was the public transportation line of five which, in effect, has gone away. If we follow the County Judge's logic in what we did, he took the 15 that Dietert formerly got, split it down the middle, 78 and 71, but the prior $5,000 has gone away. He's nodding. He agrees with me; he's nodding. JUDGE TINLEY: $5,000 is gone, no question about it, from what I've got down here. 9-2-03 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. DECKER: May I ask a question? I mean, is it -- is it proper for the County to -- rather than funding all of these individually, to give one amount to the United Way, and let them divide it up? JUDGE TINLEY: I believe the answer to your question is probably so. COMMISSIONER WILLIAMS: That would work beautifully if all of them participated. I'm not sure they do. Maybe they do. I don't know if they do participate in United Way. COMMISSIONER LETZ: I'm not a big fan of United Way. COMMISSIONER BALDWIN: I'm not. COMMISSIONER WILLIAMS: The problem with that -- another problem with that is, United Way takes an administrative fee right off the top. MS. DECKER: Oh, okay. COMMISSIONER LETZ: That's why I'm not in favor of that part. COMMISSIONER WILLIAMS: Pretty good whack right off the top. COMMISSIONER BALDWIN: You know, everybody I know that deals with -- or that are involved in these agencies are always yelling about government involvement. You know, don't get -- don't get involved with the 9-z-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 government because they -- you know, there's no free money; no free lunch, you know, and that thing of, you know, they're always going to want something in return. And here we are -- here we are; they're doing it right here. I just don't think that -- I mean, I -- I mean, I was around when some of these things were founded. My wife has served on some of these boards, the founding board. And -- and I love them, and I love what they do, and I know they're tremendous and wonderful. But it's not a function of government. These things are not a function of government. It's a function of the church, and that's where -- that's where it belongs. And I really -- for their own good, I think we need to wean them off the government. COMMISSIONER NICHOLSON: I concur. I have no reason to believe that any of them don't do good work. In fact, I -- some of them I know about, and they do really good work. And I see them not too differently than I see the Extension Service and the Ag Barn, that they're -- they're doing good work. COMMISSIONER BALDWIN: Boo. COMMISSIONER NICHOLSON: They're serving a small population and all of that outside the function of government, in my view. There's a lot more out there. I can tell you, the Hill Country Youth Ranch needs about a half a million dollars. 9-2-03 1 ,,., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 123 COMMISSIONER BALDWIN: Yeah. COMMISSIONER NICHOLSON: And they're not in here asking for funding, either. COMMISSIONER WILLIAMS: That's true. JUDGE TINLEY: Do we have a motion to offer on 1.26, gentlemen? COMMISSIONER NICHOLSON: I'm going to move to reduce the funding of those five agencies, Child Advocacy -- six; Child Advocacy, K'Star, Crisis Council, CASA, Historical Commission, and Dietert Claim, by 50 percent of the amount now in the budget, and to inform them that it's our intention to get out of the business of funding them. JUDGE TINLEY: Those six? COMMISSIONER NICHOLSON: Yes, six. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: What about -- what about Economic Development, while we're there? COMMISSIONER WILLIAMS: Well, we had earlier indicated our willingness to continue to support it. COMMISSIONER BALDWIN: Oh, I know. It's one of those -- I know. It's one of those things that we don't address, that we never call into question. We never ask them for any kind of report. We never -- I don't have a clue -- I've been here 11 years; I don't have a clue who they are and what they do. We just keep doing it because 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 they're nice people and they're part of the Chamber. And I'm sure they are. But what's the difference between -- what's different between them and all these other things? COMMISSIONER WILLIAMS: I think you could take a look at the whole list, starting with the Trapper contract. COMMISSIONER BALDWIN: Let's cut it. COMMISSIONER WILLIAMS: Even though we get a report, you know. COMMISSIONER BALDWIN: Let's cut it. COMMISSIONER WILLIAMS: He's never trapped anything in my back yard. JUDGE TINLEY: In response -- in response to your question, Commissioner, about the Economic Development, that organization, it is technically not a part of the Chamber and is now making -- it's in the transition process to become totally independent. It did have some interlocking -- COMMISSIONER BALDWIN: Yeah, like the same board. JUDGE TINLEY: Yeah -- well, not only the same board, no, no, no. But the beneficial effect derived there is that their sole purpose in life is to generate something that will create tax revenue for us. COMMISSIONER WILLIAMS: And jobs for Kerr 9-2-G3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 125 County. JUDGE TINLEY: Jobs, growth, and tax revenue. COMMISSIONER BALDWIN: Do you know that, in the 11 years I've been here, I don't recall a company coming in here asking for a tax abatement? Not one. COMMISSIONER LETZ: One. COMMISSIONER WILLIAMS: That's right. COMMISSIONER BALDWIN: We had one. I don't They withdrew. they withdrew. COMMISSIONER BALDWIN: But, I mean -- COMMISSIONER LETZ: They asked for it and COMMISSIONER BALDWIN: I'm off my soapbox, but I'll be back next year. I just don't see the function. JUDGE TINLEY: Do I -- do I hear a second to the motion as offered? (No response.) JUDGE TINLEY: Do I hear another motion? COMMISSIONER WILLIAMS: Well, let me try it. I would -- I would like to move the public transportation $5,000 that the Judge lost to Dietert, and I would so move. JUDGE TINLEY: Is that the totality of your motion? 9-~-03 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: There will be another one if we get past this one. JUDGE TINLEY: Okay. Do I hear a second to that motion? Hearing none, motion fails for lack of a second. COMMISSIONER WILLIAMS: I would move that we -- I would move that we approve the Kerr County-Sponsored Activity as presented. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded that -- when you say "as presented," are you including the KCAD change because of the -- COMMISSIONER BALDWIN: You were talking about this piece of paper right here, were you not? COMMISSIONER WILLIAMS: Yes. COMMISSIONER BALDWIN: Me too. JUDGE TINLEY: Okay. Does that include 97 for the KCAD? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Yes, okay. COMMISSIONER WILLIAMS: Unfortunately. JUDGE TINLEY: As modified, with the $97,648 for KCAD. Any further question or discussion? COMMISSIONER BALDWIN: Judge, at what point can we notify these agencies that -- that things are going 9-2-03 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to change? I mean, can -- can we send a letter -- can we put it in the motion? That we approve this, but -- I don't know. JUDGE TINLEY: It's not part of the motion right now, Commissioner. COMMISSIONER BALDWIN: No, it's not. JUDGE TINLEY: We might want to consider it on -- COMMISSIONER BALDWIN: I'm not sure it's proper to do it that way, but it's just -- you know, we're going to drop this in again next year. COMMISSIONER LETZ: Maybe not. COMMISSIONER BALDWIN: We've talked about this too long. COMMISSIONER LETZ: My -- the question I have and the problem I have with the -- well, I've had with two out of three motions that I've heard is that it seems to me that some of these -- and I'm not sure which one is almost under the County. And I -- going by -- I believe it was Thea that brought that up, and I think it was Child Advocacy -- and I don't know that. And if we -- or maybe it was -- the County Attorney might have brought it up. Anyway, somehow we're responsible -- it's not just an organization that we provide funding to. One of them is a -- a link to the County, and I don't want to vote until I 9-2-03 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know which one that is, or two of them. JUDGE TINLEY: I believe there are two of them. Child Advocacy is one, and the Historical Commission is another. My understanding is they're created by statute, and they are linked to county government. COMMISSIONER BALDWIN: That is correct. COMMISSIONER LETZ: And is there -- and in that link, is there an obligation to fund? JUDGE TINLEY: I can't give you an answer to that question, Commissioner. I'm lucky to be able to give you the first answer. MS. UECKER: What's happening with those organizations, as we've already seen with the victims' crime fund and the mediation, and the -- each county's Child Welfare, is when the funding starts going down, what they do is they get a strong lobby, they go to Austin, and they say, you know, let's add 50 cents to each case filed, and then this becomes a fee-based obligation from the County to that organization. JUDGE TINLEY: I have a motion and second that we approve the agenda item, with the KCAD change from the original filed proposed budget. Any further question or discussion? COMMISSIONER BALDWIN: Wait, Judge. The agenda item says eliminate or reduce funding of selected 9-2-03 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agencies. JUDGE TINLEY: Well, obviously, we're not going to do that. It's approved as it is. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: With the one change from the original budget, 91 to 97, the change for KCAD. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: I apologize if -- if that creates some confusion. Any further question or discussion? All in favor, signify by raising your right hand. (Commissioners Baldwin and Williams voted in favor of the motion.) JUDGE TINLEY: All opposed? (Commissioners Letz -and Nicholson voted against the motion.) JUDGE TINLEY: I'll vote far the motion. Consider and discuss changing '03-'04 Kerr County budget by reducing or eliminating funding to the Agricultural Extension Service budget account. COMMISSIONER BALDWIN: Can we just go on to 1.28? COMMISSIONER NICHOLSON: I won't make all those speeches all over again. You've all heard them, and I have good reason to believe that they provide a good and valuable service. And they don't provide it to a whole lot ~-2-ns 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of people, and they cost a whole lot of money, $137,000 a year. So, I don't feel that the County's getting good value from funding the Extension Service at that level of cost, and I would be surprised if -- if we defunded them, if they didn't find funds somewhere else. COMMISSIONER LETZ: I like the last part of what you said about funding, but I'm not sure that that's accurate. It would be great if we could find some other source to fund them, but -- COMMISSIONER NICHOLSON: Probably not accurate. COMMISSIONER LETZ: I mean, I don't know if it -- you know -- COMMISSIONER NICHOLSON: Wishful thinking. COMMISSIONER LETZ: But I think my feelings -- I've stated previously that I'm in favor of that agency. JUDGE TINLEY: Do I hear a motion in connection with agenda Item 1.27? Being none, we'll move on. Item 1.28, consider and discuss change in proposed '03-'04 Kerr County budget by reducing or eliminating funding for Books and Publications line items to various departments to the extent the same can be provided with such Books, Publications through the Law Library or Law Library budget account. 9-2-03 131 1 ,.,... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: This one, I think the total of these line items in the various departments is 18 and a half thousand dollars, something close to that. I think I've heard Ms. Uecker say that we have moneys that are available for that, and these -- these costs could be paid out of the -- the Law Library fund or -- what's it called? MS. UECKER: Yeah, Law Library fund. COMMISSIONER NICHOLSON: Yeah. And so what I'm proposing is that -- that money is lying there unused; that we eliminate that -- that item from each individual department's budget, and that they present their -- their receipts for payment to the Law Library. COMMISSIONER LETZ: I'm in favor of it. You know, I think we're doing it to a large part by, certainly, District Clerk's office and County Clerk's office. MS. UECKER: I would just like to add to that, if you're making a motion, that that -- that is going to apply to only standing subscriptions, so that somebody doesn't go in there and decide they now see a whole bunch of fantasy books that they want. I'll order them and send the bill to the Law Library. COMMISSIONER NICHOLSON: That's a risk. SHERIFF HIERHOLZER: Not only -- Linda, I don't know what your fund balance is in that, but, like, Sheriff's Office, all the officers that we end up getting 9-2-03 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 new Penal Codes and Code of Criminal Procedures each year that they carry in their car. I called Linda last week and left it. It's about a cost of about $1,500. MS. UECKER: Right. The balance that we have -- SHERIFF HIERHOLZER: Fund balance, okay. MS. UECKER: Yes. The balance we have in there now is between -- I'm not sure exactly. It's between 55 or 58 to 70 thousand dollars. We charge $35 on each case filed in the County Court at Law -- is it 35, County Court at Law? MS. PIEPER: 35. MS. UECKER: And in District Court. COMMISSIONER LETZ: My only concern is how -- how to do the budgeting for it. I know the intent is to take a portion of each office's Books, Publications, and Dues category and take it out of a separate fund, a designated fund, being the Law Library fund. But how do we budget for it in both the General Fund and the Law Library fund? That would be my question. COMMISSIONER WILLIAMS: I'm wondering if we couldn't approach that same topic by agreeing with the concept, and doing it to the extent -- what kind of caught my eye was the providing "to the extent possible," and leave everything in place and see where that takes us. And if, 9-~-03 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next year, her funds are able to take care of the whole thing, great. Then we don't fund anybody else for that purpose. Would that work? COMMISSIONER LETZ: Well, still, they're different funds. I mean, so we have -- we'll have to have a budget amendment to get the money from the General Fund -- well, I don't know that we can move money, I mean, to get -- to pay for it out of the Law Library fund. MS. DECKER: No, you just zero out those line items in this fund, and then do nothing else. And then -- COMMISSIONER LETZ: So we zero out all in the General Fund? We zero out all Books, Publications, and Dues? MS. DECKER: No, not -- you'd have to separate the dues part of it. But then, at the end of the year, of course, you have to -- to budget that -- the Law Library account the same way that you would do Records Preservation or Mediation or anything else. I would just present a list of all of the -- or the elected officials would need to bring me a copy of what they're going to need, and we can add it all up and appropriate those funds in each -- beginning of each budget year, like we do now. COMMISSIONER WILLIAMS: Would this also be able to handle the County Attorney's needs as well as the Sheriff and yours and everybody else? 9-2-03 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. UECKER: Yes. I think -- did you say $18,000? Did that include the County Attorney's? COMMISSIONER NICHOLSON: I don't know. MR. MOTLEY: We have $7,000 this year requested in the budget, and I'm not sure exactly what part of that breaks down to dues, but we will have some dues out of there that won't be paid. And I think we're going to suggest that we leave the dues, whatever that amount is, $500 or $1,000, and then zero the balance -- $6,000 out, and I just take her my bills and she pays them. The only question I would have about it -- probably wouldn't kick in this year, but next year or the next year, whenever we run out of money, we're going to have -- I don't know how much money goes into that fund each year, but we are eventually going to be faced with a situation where we exhaust that fund, I think, during the budget year, and we just need to plan ahead on that. MS. UECKER: Not unless you desire to buy some big, huge set of books. I mean, there again, you'd have to address the issue on a -- on a year-by-year basis, like do you any other budget line item. MR. MOTLEY: And just add general funds into your books and publications, is that what you're saying? To account for any possible shortfall? Is that -- MS. UECKER: Well, if -- if that happens, but 9-2-03 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I don't see that happening. MR. MOTLEY: Okay. I just didn't know what the yearly income was to the fund. MS. DECKER: We're going to be all right for several years. MR. MOTLEY: Okay. You know, I'll -- I can live with that. We'll need something in there for dues; I don't know, 500, a thousand bucks. I don't know what it is. COMMISSIONER NICHOLSON: Sounds like the only risk in just zeroing out Books/Publications is that -- just what Ms. Uecker said, that somebody may see that as an open checkbook to go in there and buy things that they don't need. COMMISSIONER LETZ: I think it also -- I mean, how cumbersome would it be to increase the -- or decrease the line item in the Law Library the same amount? That would be the aggregate of the total in all the other accounts. JUDGE TINLEY: Then you got to peel out the dues before do you that. COMMISSIONER LETZ: Right. And figure out -- how do you get that word back to each department head and elected official as to what their budget is so they don't just go buy whatever they want'? COMMISSIONER WILLIAMS: Well, haven't they 9-2-03 136 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 established that for us? Isn't that there right now? COMMISSIONER LETZ: It's there now, but if we zeroed it out, it won't be there. COMMISSIONER NICHOLSON: Let's take Commissioners Court as an example. We've got $1,500 in there for Books, Publications, and Dues. MS. UECKER: Each office? COMMISSIONER LETZ: Total for the Court. JUDGE BROWN: Excuse me, I apologize. Do you want me to go ahead and start the juveniles, and whenever you can get through, then I'll just -- you pick up where I leave off? JUDGE TINLEY: That'll be fine, Judge. Appreciate it. Thank you for your help. COMMISSIONER BALDWIN: Need some help? JUDGE BROWN: Yeah, come on. COMMISSIONER BALDWIN: Okay, I'll be down there in a minute. COMMISSIONER NICHOLSON: So, if we scratched that $1,500, went to zero, and whatever it is we were going to get with that, we'd go to Linda and buy it through her funds, I don't see that that would inconvenience -- COMMISSIONER BALDWIN: Except there's some 24 dues in there. 25 MS. UECKER: Yeah, there's -- you can't zero 9-2-03 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out the dues part. What is approximately 800 times 35 on your calculator? (Discussion off the record.) JUDGE TINLEY: 28,000. MS. DECKER: Okay. That's an approximate figure. It's probably a little high of what the income's going to be in the Law Library account each year. COMMISSIONER NICHOLSON: That's the kind of money you talked about before, Commissioner. Money we're collecting, but it's settling in our bank account, not being used. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: As far as your concern about maybe somebody orders a whole brand-new set of law books that they haven't had before, couldn't we have every department head/elected official who orders publications, whatever they are, give the District Clerk a -- a list of what they have? And that creates a benchmark, and anything over and above that has to be justified. COMMISSIONER NICHOLSON: I think that could control -- COMMISSIONER LETZ: I think that's a good way to handle the control question. How do we relatively go through and quickly reduce all the Books, Publications, and 9-?-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 138 Dues, and leave dues? MR. MOTLEY: One other thing. A lot of books we buy we buy every other year. There are also sets of books that we buy that are only updated maybe every three or four years. I can give Linda a list of what we have now, but I also want to make note that there are publishing companies that do come out with new publications that are very valid, very useful, and never been published before. So, you know, there -- there will be times when something new is on the horizon there that we should be able to take advantage of somehow. If there's, like Commissioner Williams said, some way to validate that -- I'm not talking about going out and getting just any old thing, but pretty much what we're going with is something new that might be of value to us on the horizon. MS. UECKER: And I think that's, you know, exactly what he was talking about, is if -- if you come across that situation where you need -- just bring me what it is, and I'll go to the Commissioners Court and we'll -- they'll either approve it or not approve it. MR. MOTLEY: Y'all are going to be -- I don't know how much time and accounting you're going to save by doing that it way. If you have to approve book orders -- MS. UECKER: That's me, not them. MR. MOTLEY: If you have to approve a book 9-2-03 139 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 order one at a time or whatever, that might be burdensome to the Court. MS. DECKER: How often is that going to be that you have a new set of books? COMMISSIONER WILLIAMS: That's no different than you coming in year after year, and next year, saying, "Well, there's some new stuff I need," and ask for a big allowance to -- it's no different. MR. MOTLEY: Well, you're probably right. I'm just thinking -- I'm not against the idea. I'm for the idea. I just would want to be sure there's plenty of money coming in to cover -- kind of in perpetuity, so to speak, and that's fine. COMMISSIONER NICHOLSON: The only thing that's keeping us from getting there is, we don't know what the fees are. We don't know how much of this -- COMMISSIONER LETZ: Is dues. COMMISSIONER NICHOLSON: -- $14,000 or $15,000 or whatever it is, is dues. How can we overcome that obstacle? COMMISSIONER WILLIAMS: Elected officials should know what dues they have cranked in. We know what our is. We know it's dues to West Texas, for example. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: And what else? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 140 COMMISSIONER BALDWIN: State association. But we don't -- we don't -- we never joined the national organizations. COMMISSIONER NICHOLSON: What kind of action can we take today with that uncertainty? COMMISSIONER WILLIAMS: We could include in this motion to adopt this concept that the elected officials and department heads, including Commissioners Court, provide the District Clerk with a list of publications only, and then -- and everything else stays in their line. MS. UECKER: For your information, mine is already out of there. It's coming out of the Law Library. I think I have, like, $50 or something like that left in dues. COMMISSIONER LETZ: When will you get an answer? If you tell everyone -- send a memo out that we're deleting that line item, it needs to come back for dues only, and those that do, do, and those that don't -- COMMISSIONER NICHOLSON: That will work, by exception. COMMISSIONER LETZ: And, Judge, you can sign that memo. COMMISSIONER WILLIAMS: Judge can do that. JUDGE TINLEY: Do I hear a motion on 1.28? COMMISSIONER LETZ: We haven't had one yet? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 ~-~. 14 15 16 17 18 19 20 21 22 23 24 25 141 MS. PIEPER: There's no motion. COMMISSIONER LETZ: No motion? COMMISSIONER NICHOLSON: The motion is to eliminate funding for books and publications by zeroing out that line item, which includes books, publications, and fees JUDGE TINLEY: Dues. COMMISSIONER NICHOLSON: Dues. And that each organization that needs a budget for dues will notify the -- the Commissioners Court of what that need is. Can you clean that rambling statement up a little bit? Make -- make a motion out of it? COMMISSIONER LETZ: I'll second that. JUDGE TINLEY: Motion made and seconded that each -- each elected official and/or department head provide the Commissioners Court with an itemization of dues required to be paid during the coming fiscal year, and that that amount be deducted from that department's allocation for Books, Publications, and Dues and be left remaining there, and that the balance of all those accounts be transferred to the County Law Library fund. COMMISSIONER LETZ: The only, I guess, amendment to that -- could we have it to the -- instead of making them come to Commissioners Court, let them go to the Auditor? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 142 COMMISSIONER NICHOLSON: Yes. COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Okay. Is that acceptable with COMMISSIONER NICHOLSON: Yes. MS. UECKER: I think that motion might need to include to furnish me a list of current subscriptions. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: I think I -- my thought was we need to figure out the process for this at our next, maybe, Commissioners Court meeting. I mean, if you could write something up, Linda, as to how it's going to work best with your office, then we can approve that. Then they can use that procedure. COMMISSIONER WILLIAMS: Why don't you develop that for us, and we can approve the process at the next meeting? We're looking at the concept now. MS. UECKER: Okay. When's the next meeting? COMMISSIONER WILLIAMS: Monday. JUDGE TINLEY: Monday. COMMISSIONER WILLIAMS: Tonight. Tomorrow. MS. UECKER: That's a little bit of a problem. I'm going to be gone to a -- JUDGE TINLEY: We won't hear it Monday, anyway. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 MS. DECKER: -- a workshop Thursday-Friday. COMMISSIONER WILLIAMS: After the budget year starts or whatever. MS. DECKER: Okay. COMMISSIONER LETZ: Later on. MS. DECKER: Okay. So, it's not essential that we get to it Monday? JUDGE TINLEY: We're worried about the economics in getting it in the budget now as to where it's going to be in the budget, I think. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, consider and discuss changing '03-'04 proposed budget by reducing funding to Public Library budget account by 15 percent or other percentage of requested amount. COMMISSIONER NICHOLSON: This morning, I got the -- the contract with the City concerning the library contract, and I noted that -- that the County Judge and -- and Commissioner Williams, our liaison, did notify the City 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 144 by letter on May 21 that this -- they were giving notice of Kerr County's intention to renegotiate the terms of the library contract for the fiscal year beginning October 1, 2003, so the window of opportunity is -- is open for doing something different with that. The 15 percent number is -- is a number that's sort of pulled out of the air of -- of what would be a challenge. For most organizations, it would be a challenge to reduce their costs by 15 percent. So, I think we need to reduce our annual investment in the library. And I think their -- their budget probably doesn't get as much attention from the City as we would like for it to, and that it's a very large cost, $397,000 to us, and we need to find ways to reduce that cost. COMMISSIONER WILLIAMS: I think that, embodied in the letter that we sent to the City at the Judge's request -- and the Judge asked me my thoughts on where we should go with this -- had to do with two things. My belief that we were not included to the extent that we could or should be in the budget-making process, and all we have been given in the past has been a number that -- we're supposed to trust that number, including this year, and stamp approval of it. And, secondly, that we needed to have a better understanding, and even if it -- even if it meant an ordinance change on the part of the City as to who and how many people were appointed to that board and how that 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,..-.. 25 145 process worked. So, these are the two items I had in mind when the Judge asked me my thoughts on the contract. I agree it's a large number, and if we don't work toward mitigating, it's going to continue to grow. But I think at this juncture, it would be inappropriate to arbitrarily reduce it by 15 percent on our part. I would rather be involved -- or the Judge be involved in the decision-making that goes into the budget, as opposed to doing it ex post facto. So, you know, for that reason, I would -- I would not want to support an arbitrary cut. But I do need -- I think the City needs to be made to understand that we definitely want to be involved in the budget process. We want to know what goes into that and a justification for increases, if any. COMMISSIONER BALDWIN: Commissioner Williams, we have said that numerous times to the City. Numerous times. And I agree with you that we need to be involved in the budget process. No question about it. But can you imagine a better way to get that done? COMMISSIONER WILLIAMS: Well -- COMMISSIONER BALDWIN: I mean, this right here accomplishes what you -- COMMISSIONER WILLIAMS: That's the Lyndon Johnson philosophy; hit them over -- hit the donkey over the 9-2-03 1 ,--, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 146 head with a two-by-four just to get his attention. I would disagree with that. COMMISSIONER BALDWIN: I wasn't saying they were donkeys. You might say that, but I -- I wouldn't say that they were donkeys by any means. COMMISSIONER WILLIAMS: I'm not suggesting that at all. COMMISSIONER BALDWIN: Some of my best friends are over there. COMMISSIONER WILLIAMS: I think we do need to tell them that we approved it, and with great reservation as to the process, and fully intend to be involved in the process from the get-go in the next year. That's my sense of it. COMMISSIONER BALDWIN: Well, we've done that COMMISSIONER WILLIAMS: I don't think we have -- COMMISSIONER BALDWIN: Oh, yeah. COMMISSIONER WILLIAMS: -- to that extent. COMMISSIONER BALDWIN: And they've said -- "Why, sure. Sure." COMMISSIONER LETZ: I mean, I -- nothing would make me, probably, happier than cutting the funding here, but I do feel we have a little bit of obligation right 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147 now with the City and where we are at this point in the workshops. We discussed things there, but I think it's kind of -- it's difficult to go in and just arbitrarily cut funding. Well, I wouldn't say it's arbitrary, but to cut funding this late in the game, though I really, you know, would like to go back. The letter is with the City right now -- which they didn't respond to, I might add -- to renegotiate the contract or relook at the contract. And I think we really, from the taxpayers' standpoint, need to figure out where the library's going. I mean, the costs are certainly extremely high. I mean, seems like you can almost build a new building for what we're funding over there, or do a bond issue over 20 years and fund it for $800,000 a year. So, I think we need to figure out what's going on and what the long-term plan is and what the City's plan is as the manager of this partnership to get -- to make the library more self-funding, whether it's through grants or dues or whatever their other options may be. COMMISSIONER BALDWIN: Well, I want to present my thinking one more time, and that is -- it's a little more palatable than a 15 percent cut, and that is to just freeze what we're sending over there. I think it was $397,000? Did I hear that number? Almost $400,000. That we would -- that we're going to freeze that number. We're not going to send $397,000 and one penny over there next 9-2-G3 1 ,--- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 year, until we accomplish what Commissioner Williams wants to do, and the liaison from this Court is comfortable -- COMMISSIONER WILLIAMS: I like that approach. COMMISSIONER BALDWIN: -- with what's going on. And, I mean, we're not going to send another penny. I don't know that we can commit next year's Commissioners Court to that kind of thing or not; I don't have any idea, but it doesn't matter. We can do it. I mean, I'm willing to try. COMMISSIONER WILLIAMS: I like the approach. COMMISSIONER BALDWIN: I just think that that's what we need to do. JUDGE TINLEY: For whatever purpose it might serve, I had a call from Dane Tune, who's the finance director of the City of Kerrville, after the joint City/County workshop, but actually, I believe it was before we did any of the budget workshops. It was either the morning of or the day before they were having their little retreat that they do where everybody goes out -- I think this year they went to Lazy Hills or somewhere. COMMISSIONER BALDWIN: I think they become one with earth or something? JUDGE TINLEY: Well -- COMMISSIONER BALDWIN: I believe. JUDGE TINLEY: And -- 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 ,,.,, 13 14 15 16 17 18 19 20 21 22 23 24 ,.-. 25 149 COMMISSIONER LETZ: One with a donkey. JUDGE TINLEY: And the inquiry was with respect to if -- if I had anything to report to them or if I needed anything from them with respect to the joint projects. And I told him that, you know, I could not speak for the Court. There had been no final action taken by the Court; that, obviously, we'd been at the workshop and there were some things discussed and requests made. The final thing that I left him with, however, was that he should not expect that the requests which they made at that time would necessarily be honored. That was my sense of it. And he thanked me, and I guess went out to Lazy Hills at that point. COMMISSIONER NICHOLSON: Judge, in the joint City/County workshops, in discussing the library budget, my recollection is that there was a, probably, consensus among the participants that the library delivery -- book delivery program was an experiment that hadn't worked, and that would be disposed of, even to the extent that they talked about how they could get rid of the truck that was given to them. JUDGE TINLEY: Yes. COMMISSIONER NICHOLSON: I would have expected they'd come back and -- subsequent to that meeting, come back to Commissioners Court and say, "Well, we don't need the $397,000 any more; that program's gone away. We're 9-2-03 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .~-- 25 going to be able to reduce one -- one position or these other costs, and so here's the new number that we need." But that didn't happen, so I don't have a lot of confidence that they're going to be responsive to a vague suggestion that we -- we're going to do better in the future, when they haven't been responsive to that specific issue. COMMISSIONER WILLIAMS: On that particular item, that would have amounted to about a half a position and the fuel for the vehicle. But you're right; theoretically, they should have amended it downward by a couple thousand bucks probably, but they didn't do that. JUDGE TINLEY: That item also would have included service into the county, which, of course, is I think clearly going to be eliminated. COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: And secondly, with respect to your -- to your observation that a 15 percent cut is a challenging task for a manager to deal with, a 15 percent cut by this Court of its apportioned part of this would only result in a 7 and a half percent cut to the budget as a whole. For whatever that's worth to you. COMMISSIONER LETZ: I went out and got a drink of water a minute ago, and I missed part of what you said, but I thought where you were going was that the van and all that, and that program being done, there should be 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 151 some savings. And why don't we reduce the amount we're sending over there by the amount of that savings? I mean, that was in this $397,000, so we ought to back it out, since we clearly aren't doing that part of the program. COMMISSIONER BALDWIN: We can do that. COMMISSIONER WILLIAMS: Yeah, we can do that. Let me see if I can take a crack at it, Judge, make some sense of what we're talking about, 'cause I'd like to add a couple of admonishments. That we reduce the library funding in the amount of -- of $397,000 requested by our share of the amount of the costs to fund the outside county book service, which we understand is a half a position and truck expenses, and that we indicate to the City that the level of funding will be frozen, and that we -- the Court is -- wants to be a part of the budget process next year. COMMISSIONER BALDWIN: What about that reduction? What about the reduction? COMMISSIONER WILLIAMS: That was the first thing I said. COMMISSIONER BALDWIN: Okay. I thought you said remain -- it remained the same. COMMISSIONER WILLIAMS: No, no, no. Less that amount -- half of that amount, whatever that is. COMMISSIONER NICHOLSON: I'll second that. JUDGE TINLEY: Motion made and seconded that 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r... 25 152 the Court approve the request for Public Library funding in the amount of $397,000 and change, less half -- COMMISSIONER WILLIAMS: The amount -- JUDGE TINLEY: -- the cost for the bookmobile or rural book -- or remote book delivery system that's being phased out, and with the further admonition that the City be put on notice that we want to be further involved in -- in the economics of the library operation budgeting expenses, et cetera, in the future. Did that include putting them on notice that we're inclined to want to make further cuts in the future? COMMISSIONER WILLIAMS: Well, I think it's implied, if we're going to be part of the process, that everything's up for grabs. JUDGE TINLEY: I think the least you leave to be interpreted, the better off you are. COMMISSIONER WILLIAMS: I'm open for suggestions. JUDGE TINLEY: Okay. Would that sort of an add-on be acceptable to you? (Commissioner Nicholson nodded.) COMMISSIONER LETZ: Only thing I would like to see is that we reduce -- in our budget, reduce the funding amount by $10,000, which should be -- you know, half of a van and position is clearly worth more than $10,000, so 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 153 $387,000, put in our budget. And that way, it also makes sure that we remember that we did this. COMMISSIONER WILLIAMS: Commissioner, what if we said $10,000 or the amount required? 'Cause we don't know what that amount is. $10,000 or the amount required to fund that half a position and our share of the -- of van expenses. COMMISSIONER LETZ: I think your motion is just as you had it originally. I just think we need to change our budget by $10,000. COMMISSIONER WILLIAMS: Okay, I got you. Okay. Okay. COMMISSIONER BALDWIN: We -- and this is the whole point. We don't know what that number is, because the City hasn't told us. That's the whole point of this conversation. JUDGE TINLEY: They have the pencil. Any further questions about the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. COMMISSIONER BALDWIN: Judge, you want to bring this back in the morning? Or do you think we can get 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 154 through this? JUDGE TINLEY: Yeah, I think we can get through it. How are you holding out, Ms. Kathy? (Discussion off the record.) JUDGE TINLEY: Okay, we're going to take about 10 minutes here. (Recess taken from 3:18 p.m. to 3:33 p.m.) JUDGE TINLEY: Okay, let's come back to order. It's just a bit after 3:30 in the afternoon. We took a short recess about 15 minutes ago. Let me go back to Item 1.23, if I might. That one has not had any action on it. COMMISSIONER WILLIAMS: I believe we skipped that. COMMISSIONER LETZ: We didn't skip that; we just didn't have a motion. JUDGE TINLEY: Kinda, sorta. COMMISSIONER WILLIAMS: Oh, yeah, there's a question about that. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded to approve Agenda Item Number 1.23. Any questions or -- or 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-.. 25 155 discussion? All in favor of the motion, signify by raising (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Number 1.30, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Fire Protection budget account by, one, increasing all Kerr County Volunteer Fire Department line items from $11,000 to $13,000, adding Divide Volunteer Fire Department line item of $13,000, increasing City Fire Contract line item from $100,000 to $125,000. COMMISSIONER BALDWIN: So moved. COMMISSIONER NICHOLSON: Second. And discussion. COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Motion made and seconded to approve 1.30. Any questions or discussion? COMMISSIONER LETZ: If I remember -- COMMISSIONER NICHOLSON: First, we need to add the out-of-county fire departments that we're under contract with, that being Tierra Linda, Junction, and Castle Lake. We agreed for $1,000 to each of those. JUDGE TINLEY: They're in the existing proposed budget, Commissioner, so we won't need to add them. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 ,.^ 13 14 15 16 17 18 19 20 21 22 23 24 25 156 They're already there. COMMISSIONER LETZ: But we're not -- but they're not to be funded at $13,000. JUDGE TINLEY: No. "Kerr County fire departments" is what the agenda item says, from 11 to 13. COMMISSIONER LETZ: Well, I think -- JUDGE TINLEY: Those are all three out-of-county fire departments. COMMISSIONER LETZ: So's Comfort. JUDGE TINLEY: Well, point well-made. Point well-made. I think it would be covered on the increase from 11 to 13, since they're already at 11. COMMISSIONER WILLIAMS: Comfort? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: Is it? COMMISSIONER LETZ: Yeah. They cover a good part of Kerr County. COMMISSIONER WILLIAMS: Okay. COMMISSIONER NICHOLSON: So long as that's clear, that we're also voting on that piece of it. The second one is -- JUDGE TINLEY: Comfort is included, considered a Kerr County VFD for the purposes of that motion. And the three other out-of-county -- Tierra Linda, Junction, Castle Lake -- are already in at $1,000 each. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 157 COMMISSIONER NICHOLSON: I look again and I'm not proposing anything different on this, but this 25 percent increase on the City fire contract is still a difficult item for me. I'm just looking at the -- the joint programs budget, City/County, and I think that's a really good way for governments to cooperate like that. I think you can find some efficiencies and eliminate redundancies. I also see that it's an enormous part of our budget, $3.3 million or something like that, and I just -- I'm carrying on our discussion earlier about the library. I just think that we need to be more involved and we need to have more info on the budgeting process, all the things that we participate in. COMMISSIONER LETZ: Commissioner, I think -- and I potentially agree. I think one of the things we need to do is have a -- or develop a game plan to go to the City with, and a proposed way to get more involved. I think one of the problems is that City Council relies on City staff. We -- and they look at -- we look at City Council as the people we generally tend to communicate with, and they look to us. But the problem is that we're missing, because we are the staff, for the most part, far the County on these issues. We are. So, I think that the -- the approach may be that each of us have to take on, I mean, the area that we're liaisons with, and make it clear to the City that we 9-~-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 work, you know, in those areas, you know, one-on-one or two-on-whatever. But some kind of approach -- I just think we need to have -- not just say we're unhappy, we want to be involved. We need to say how we want to be involved. COMMISSIONER NICHOLSON: Good point. JUDGE TINLEY: I think your point's well made, Commissioner. I think we need to generally put them on notice that we want to be infinitely involved in the entire process on any of these projects, and that they should not expect to approve any budget without having our prior review and approval of it generally. COMMISSIONER WILLIAMS: That's where I think the process has kind of gotten skewed. They put their numbers together, they meet with us in a joint meeting, they give us the numbers, they're happy with the numbers, and they expect us to do that. COMMISSIONER LETZ: And to give them the benefit, they look at the same to us. I mean, you know, Animal Control -- you know, the thing is that they operate more into these jointly -- the joint operations items than we do, but we need to figure out a way to correct the problems. COMMISSIONER WILLIAMS: I agree. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 159 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. Next item, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Road and Bridge budget account by, one, adding Engineer's Salary line item of $23,868, increasing Group Health Insurance line item from $16,452 to $21,937, deleting Contract Engineer Services line item of $25,000, increasing Employee Medical line item from $2,000 to $3,200, and increasing Right-of-Way Survey and Engineering line item from $4,000 to $10,000. COMMISSIONER LETZ: So moved. COMMISSIONER BAI,DWIN: Second. JUDGE TINLEY: Motion made and seconded to approve budget -- or agenda Item Number 1.31. Any question or discussion? MS. NEMEC: Judge? $23,868 plus 2 and a half percent? JUDGE TINLEY: Well, that's the base salary line item. MS. NEMEC: And that -- JUDGE TINLEY: That was the line item in the original budget. It doesn't include any add-ons or -- or, stated another way, it excludes any add-ons. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 160 MS. NEMEC: So I don't add the 2 and a half percent to the salary? JUDGE TINLEY: No, the $23,868 is the base amount. COMMISSIONER WILLIAMS: It's the current amount. MS. NEMEC: Right. COMMISSIONER WILLIAMS: The question would be, is it our intention that it, too, be adjusted by the COLA? MS. NEMEC: That's my question. COMMISSIONER WILLIAMS: That would be the question. COMMISSIONER LETZ: Yes. JUDGE TINLEY: Of course. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Records Management Preservation budget account by, one, increasing Old Records Preservation line item from $4,559 to $9,559 to allow $5,000 for allocation to 9 2 03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 District Clerk, and adding -- two, adding the Capital Outlay line item of $16,000 to acquire imaging license and equipment for the District Clerk. COMMISSIONER NICHOLSON: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded to approve Agenda Item 1.32. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. Next item, consider and discuss changing proposed '03-'04 budget by modifying Parks budget account by adding to Flat Rock Lake Park line item the sum of $21,100 for restrooms under L.C.R.A. grant, $15,100; and footbridge, FEMA funds, $6,600. COMMISSIONER wILLIAMS: Judge, I have a couple comments here. I want to deal with -- first, I want to deal with both parks, Flat Rock and Lions. Lions, I had not requested $15,000, as I told the Court earlier. I had requested the $1,500, which is a continuation of my improving that park little by little, year by year, and I would ask that that $1,500 be reinstated. Secondly, the agenda item talks about Flat Rock Lake Park, 21,7, which is the remainder of the L.C.R.A. grant and the FEMA money of 9-2-03 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $6,600, and we said it's for restrooms. I think we have determined that we're not going to build a restroom for $21,000; that we could use those dollars -- and L.C.R.A, has given tacit approval for other improvements in the park, but not the restroom. I don't think we're going to be able to get it done for that, so I'd like us not to designate it as such and tie our hands for some use that we can't possibly fund with that kind of money. COMMISSIONER LETZ: Commissioner, will you bring in a proposed -- kind of a - - what we can do with that money? COMMISSIONER WILLIAMS: I will, yes. If we undesignate it here for restrooms, yes. But I would like to restore $1,500 for Lions so I could continue the improvements there, and I would move the budget item with that adjustment. COMMISSIONER LETZ: What page are you on? JUDGE TINLEY: 98. COMMISSIONER WILLIAMS: 98 in the printout. COMMISSIONER BALDWIN: So, basically -- no, not basically. In reality, we just added $1,500 to our budget? COMMISSIONER WILLIAMS: Yes, sir. Which is what we had this year. I guess we have two this year. It's coming down from two to 1,500. 9-~-03 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-. 25 COMMISSIONER LETZ: What -- JUDGE TINLEY: Commissioner, I apologize for that error in putting $15,000 instead of $1,500. Of course, the other side of that is, if it had gotten approved, you'd really be in fat city. COMMISSIONER WILLIAMS: Yeah, we'd have gone hog wild. be done? COMMISSIONER LETZ: I guess -- what needs to COMMISSIONER WILLIAMS: I want to improve the entrance area and get some gravel, do some site work, and possibly have room for one more table under the big tree. But that's basically -- I want to do some site work, and I don't know if Road and Bridge can help me out on that or not. COMMISSIONER LETZ: It's kind of a new thing for to us fund parks at all. I mean, I know we've done it a couple years now, and I think -- I mean, the improvements you made are nice, but it's just a matter -- I mean, I don't know that we need to improve it every year. COMMISSIONER WILLIAMS: Well, if you get to the level it ought to be, you don't have to. The same would apply to Flat Rock Lake. If we get it to a level that we'd like to have it, we wouldn't have to do it; just maintain it. 9-2-03 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I would probably rather have it a lesser amount. COMMISSIONER WILLIAMS: I'll settle for $1,000, which is half of what it is this budget year. COMMISSIONER LETZ: Is that your motion? COMMISSIONER WILLIAMS: Yeah. COMMISSIONER LETZ: Second. JUDGE TINLEY: Okay. Motion made and seconded that -- that Agenda Item 1.33 be approved, with the -- and the exception that the restrooms be deleted, and that an additional $1,000 be allocated for Lions Park. Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, consider and discuss changing proposed '03-'04 Kerr County budget by modifying Nondepartmental budget account by, one, deleting Information System Maintenance Contract Services line item in the sum of $45,000, increasing Mainframe Maintenance line item from $5,000 to $8,400, and increasing Capital Outlay item from $5,000 to $9,200 for acquisition of additional hard drive capacity. COMMISSIONER WILLIAMS: Is that to handle the 9-2-03 165 1 -^ 2 3 4 5 6 8 9 10 11 12 .-, 13 14 15 16 17 18 19 20 21 22 23 24 25 imaging? JUDGE TINLEY: Yes. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded that Agenda Item 1.34 be approved. Any question or discussion? COMMISSIONER NICHOLSON: For my information, how were we able to delete the Information System Maintenance Contract? JUDGE TINLEY: Because we went back and recreated the Information Technology Department -- COMMISSIONER NICHOLSON: Thank you. JUDGE TINLEY: -- at an earlier agenda item, under number -- COMMISSIONER NICHOLSON: Yeah, I got you. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. Number 1.35, consider and discuss changing proposed '03-'04 Kerr County budget by modifying County Court budget account by, one, 9-2-03 166 1 -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 adding new judicial supplement line item in the amount of $4,000, and increasing the Mental Health line item from $6,000 to $16,000, providing that both such line items shall be totally funded from court costs collected from counties for which mental health cases are heard. COMMISSIONER LETZ: Judge, two questions on this one. JUDGE TINLEY: Okay. COMMISSIONER LETZ: On the first part, the $4,000 supplement. JUDGE TINLEY: Mm-hmm? COMMISSIONER LETZ: I know you reduced it, or Tommy -- someone reduced it to elected officials' salary in the new printout, but it wasn't noted here, and maybe we should have taken it up under the other item. JUDGE TINLEY: That should go under 1.8, in all probability. That's where all of those were addressed. COMMISSIONER LETZ: Okay. The other item, I don't recall increasing the Mental Health line item $16,000. I thought we left that at $6,000. JUDGE TINLEY: There was a discussion both ways. And, you know, that's what's before the Court now. COMMISSIONER WILLIAMS: Refresh my memory. What would that be for, Judge? JUDGE TINLEY: For the preliminary mental 9-2-03 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,~ 25 health hearings. COMMISSIONER LETZ: The J.P.'s get that, and it's been $2,000. You know -- COMMISSIONER WILLIAMS: They get six. JUDGE TINLEY: Right now, Kerr County's paying six. COMMISSIONER LETZ: Right. JUDGE TINLEY: If you approve the item, I think the net cost for funding both of those items is going to cost $4,000. COMMISSIONER LETZ: Say that again, Judge. I think I'm missing something. JUDGE TINLEY: Kerr County is presently paying, from Kerr County funds, the sum of $6,000 under that Mental Health line item. COMMISSIONER LETZ: Right. JUDGE TINLEY: The approval of 1.35, both components, the $4,000 and the $16,000, or a total of $20,000, would come at a net cost to Kerr County of $4,000. COMMISSIONER LETZ: Where does the -- okay, I understand the $4,000. I mean, I understand the judicial supplement portion of this. I don't see -- that's -- and I'm happy with the resolution that was in the proposal, on the $6,000. I see the $6,000 here, which was included as a Mental Health line item, 104. Where's the 16 come in? I 9-~-03 168 1 2 3 4 5 6 7 8 9 10 11 12 .~-, 13 14 15 16 17 18 19 20 21 22 23 24 25 mean, I think -- JUDGE TINLEY: The 16 would only come in if this Court authorized it. SHERIFF HIERHOLZER: Is it true that the 16 is actually derived from fees that the other counties pay, where the current six is paid out of the County General Fund itself, so you're replacing that six with the 16 from the fees? JUDGE TINLEY: Certainly. SHERIFF HIERHOLZER: That's what it amounts to. COMMISSIONER LETZ: I know that. Why do we have to increase the -- why are we increasing the expenditure to 16? I mean, that line item right now, 104, is paying $2,000 to three of -- each of the J.P.'s. JUDGE TINLEY: You don't have to, Commissioner. COMMISSIONER LETZ: I'm saying why would -- I mean, so we're basically -- this is increasing the J.P.'s salary by $5,333 a piece for three of them, 'cause three of them participate in that. JUDGE TINLEY: The judges that hear those cases will be fee-based for hearing those cases, but it will be being paid by the counties for whom the cases are being heard. 9-2-03 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Partly. JUDGE TINLEY: Well, 80 percent of it. COMMISSIONER LETZ: 80 percent. JUDGE TINLEY: I say 80 -- I can't guarantee that will remain that. The current stats show that it's about 80/20. COMMISSTONER LETZ: But the same logic that I used that I have -- I think it's a good idea to do that, but I think you adjust the elected official's salary by a like amount. I think it should apply to the J.P.'s, `cause it applied to you. JUDGE TINLEY: That's a whole `nother issue. Just do with it what you like. I think it's good business to use somebody else's money to satisfy your obligations. I've said that since day one. COMMISSIONER LETZ: Well, I don't know why we can't use the $6,000 out of that fund. Why can't we just take the six -- I mean, why do we have to -- why is the $6,000 coming out of the general revenue, or 16 come out of the other -- why can't we say the $6,000 is coming out of the designated fee fund? JUDGE TINLEY: I suppose you could, but it -- it seems rather silly when -- when you can use three times that amount of somebody else's money not to. COMMISSIONER LETZ: Well, you're just -- I 9-~-03 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,~ 25 mean, you're just -- but what you're saying, though, you're just -- you're paying three times -- almost three times the amount for the same service currently being provided. COMMISSIONER WILLIAMS: Are the J.P.'s -- do they get that $2,000 notwithstanding the number of cases they hear? JUDGE TINLEY: If they never hit a lick, they get $2,000. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: Okay. If they don't do a one, they get -- JUDGE TINLEY: That's right. COMMISSIONER WILLIAMS: Except for J.P. 1. JUDGE TINLEY: Under the current procedure. COMMISSIONER WILLIAMS: Except for J.P. 1, who opted out of the equation. COMMISSIONER LETZ: Right, correct. COMMISSIONER WILLIAMS: So this would change to it a fee-based? JUDGE TINLEY: Yes. COMMISSIONER WILLIAMS: And they could get as many -- as much over $2,000 in terms of cases they hear? JUDGE TINLEY: It would be based on the number of cases the particular judge hears. That would determine the judge's compensation. 9-2-03 1 -- 2 3 4 5 6 7 8 9 10 11 15 16 17 18 19 20 21 22 23 24 25 171 COMMISSIONER WILLIAMS: What if we established the J.P.'s at the $2,000, and anything they heard above that, they could get? I'm not in favor of cutting the J.P.'s pay, to be perfectly honest about it. JUDGE TINLEY: You're not in favor of cutting the J.P.'s pay? another matter. 12 13 14 drop. coming. COMMISSIONER WILLIAMS: That's right. JUDGE TINLEY: I see. COMMISSIONER WILLIAMS: The County Judge is JUDGE TINLEY: I see. COMMISSIONER LETZ: I think -- JUDGE TINLEY: I was waiting for that shoe to COMMISSIONER WILLIAMS: I knew that was COMMISSIONER LETZ: I don't think the County is cutting their pay. Their net take-home is not changing, as your net take-home is not changing. And you get the net -- under the proposal, you know, for the County Judge's -- you know, not counting COLA's and all that other stuff, is the same as it was for the County Judge last year. I think we should treat the J.P.'s the same way. JUDGE TINLEY: I don't actually -- Commissioner, let me correct you slightly, if I might. 9-~-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 172 Taking maximum advantage of the item that -- that you understand, the judicial supplement, taking maximum advantage of that, I would be entitled to receive $4,000. That's if I heard 400 or more cases. What I would not receive is the applicable COLA on the amount that was deducted from the salary line item. So, under your rationale, I would be suffering a penalty by bringing this matter to the Court in an attempt to use other counties' funds to pay Kerr County's obligations. COMMISSIONER LETZ: Only you didn't reduce your salary, though. JUDGE TINLEY: Correct. Net cost to Kerr County for that was $800. COMMISSIONER LETZ: I think we should make up the difference. JUDGE TINLEY: That's your -- your call, Commissioner. COMMISSIONER LETZ: That's -- JUDGE TINLEY: My whole -- my whole point here in putting this item on the agenda is to attempt to use other counties' funds to take care of these obligations to the extent those funds are available to us. COMMISSIONER LETZ: But, I mean, I think -- I mean, I agree with your logic, and I've said that. But we're getting more and more into a situation where 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 173 designated fees are funding certain parts of our budget, whether we like it or not. That doesn't mean that we're going -- because the Law Library fund has $20,000 extra in it, we're going to go spend $20,000 because it's fee-generated; it's not general funds. That's the logic you're using, and I don't think -- I don't agree with that. JUDGE TINLEY: No, that -- that's not the logic I'm using. What I'm trying to do is calculate the number of cases that will be heard and a reasonable compensation per case, and I think the amount I've put in there is a -- is a reasonable amount. COMMISSIONER LETZ: And I'm saying that I think that you and the J.P.'s and other people that are doing -- you know, hearing those cases should get paid the same amount, as best we can figure, as you did last year. JUDGE TINLEY: Well, unfortunately, if you want to take advantage of somebody else's money and save Kerr County taxpayers some money, you're going to have to go with the fee-based. COMMISSIONER NICHOLSON: Let me ask a question. JUDGE TINLEY: That's the bottom line. COMMISSIONER NICHOLSON: If we raise the Mental Health line item from $6,000 to $16,000, what's going to be the impact on compensation on J.P.'s? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 174 COMMISSIONER LETZ: They get $5,333 each more -- or $3,333 more, 'cause they're already getting $2, 000. COMMISSIONER NICHOLSON: I don't want to do COMMISSIONER LETZ: I don't either, not for doing the same amount of work. I don't know why we cannot pay them $2,000, as we currently are, out of that line item, which is coming from out-of-county taxpayers. COMMISSIONER WILLIAMS: I don't understand that either. COMMISSIONER LETZ: I mean, you -- JUDGE TINLEY: You -- COMMISSIONER LETZ: You make it say that we have to pay all $16,000, or it has to come out of Kerr County. Why? JUDGE TINLEY: No, sir, that's not what I said. COMMISSIONER LETZ: Well, then, I'm in favor of what Commissioner Nicholson says. COMMISSIONER NICHOLSON: So we can raise it to $16,000, keep giving those three J.P.'s $2,000, and put the rest of it in the bank. JUDGE TINLEY: No, no, no, no, no. If it's generated as a fee, they receive the fee. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 175 COMMISSIONER NICHOLSON: That's different than the -- the judicial supplement of $4,000. We've been collecting those fees and we've been putting that $4,000 in our bank account. JUDGE TINLEY: Unlawfully, I think. COMMISSIONER LETZ: Do we have an opinion on that, that that's unlawful? COMMISSIONER WILLIAMS: County Attorney's out there. MR. MOTLEY: Well, we've addressed that issue, and I believe that the moneys that are collected for that, $10 per case, is -- it says it is for salary supplement for the judge hearing those particular types of cases. So, it says that -- in black and white, that's what that money is intended to be spent for, on that issue. COMMISSIONER BALDWIN: That's exactly what we've done. SHERIFF HIERHOLZER: Thinking about that in the same way, like Sheriff fees on serving warrants. You know, service of that warrant, that fee to serve that warrant is actually to cover the mileage and the cost of what it takes to go out and serve that warrant. That money still goes to the General Fund. COMMISSIONER NICHOLSON: So, we could -- JUDGE TINLEY: Does the law in that case say 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,~-~ 25 176 that the Sheriff who actually serves the warrant -- if there's a fee set for it by Kerr County, it shall be paid to the person serving that warrant? SHERIFF HIERHOLZER: I don't know what it says to the person, but it says it's to cover the cost, being mileage and all that, to go serve that warrant. And it's a flat fee. JUDGE TINLEY: Well, I think that's the difference. SHERIFF HIERHOLZER: We don't -- we don't -- MS. UECKER: That all applies to all court costs. That isn't saying anything. SHERIFF HIERHOLZER: Yeah, that's any fees. COMMISSIONER NICHOLSON: If we apply the same principle of the -- that we've applied to the judicial supplement, the Mental Health line item, we could choose to collect the $16,000, and then reduce the base compensation of the Justice of the Peace by an amount that's equal to the difference between $2,000 and what they'd collect under the $16, 000. COMMISSIONER LETZ: Correct. COMMISSIONER NICHOLSON: So we can have our cake and eat it, too. We can take the $16,000 and not increase the gross compensation of the J.P.'s. COMMISSIONER LETZ: Correct, the difference 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ._.. 25 177 being the COLA and some of the benefit side of it. SHERIFF HIERHOLZER: Then what are you going to do with J.P. 1? COMMISSIONER LETZ: J.P. 1 doesn't participate. Up until this year, we've paid constables different salaries. We pay J.P.'s different salaries. COMMISSIONER WILLIAMS: I don't know why we can't continue to pay J.P.'s, from those dollars, the amounts that they're currently receiving. COMMISSIONER NICHOLSON: I think we can. COMMISSIONER WILLIAMS: So do I. JUDGE TINLEY: The -- what is currently has been budgeted in past years? COMMISSIONER WILLIAMS: $2,000. JUDGE TINLEY: Sure, you can do that. Mm-hmm. COMMISSIONER LETZ: Out of the fees. COMMISSIONER WILLIAMS: Yeah. Why not? COMMISSIONER LETZ: All it means is you're going to keep a reserve fund in those fees. And if we get a reserve built up -- it doesn't say you have to pay them out each year; it says have you to pay them out. I don't see there's any difference in the Law Library. MS. UECKER: Yeah. I get a big raise, don't I? $70,000? I'll take it. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 178 COMMISSIONER WILLIAMS: Hey, what a windfall. COMMISSIONER LETZ: I think if you have a balance in there, then you can -- you know, you can determine -- COMMISSIONER going to do with it later. the same, fund it out of th COMMISSIONER COMMISSIONER I thought that's what we've WILLIAMS: Determine what you're I'd like to see the J.P.'s keep use funds from other counties. LETZ: I agree. WILLIAMS: As a matter of fact, been doing all along. COMMISSIONER LETZ: I mean, I -- I agree. We discussed that. We gave them the supplement at the same time we're collecting the fees. I thought it was a wash. But -- COMMISSIONER WILLIAMS: So did I. MS. UECKER: You can reduce the amount charged on cases if you run into too much supplement. COMMISSIONER NICHOLSON: Well, I'd like to collect all the money we can, the $16,000 and $4,000, and not -- not increase the gross compensation. COMMISSIONER WILLIAMS: Not increase it above the level that it currently is? (Commissioner Nicholson nodded.) COMMISSIONER WILLIAMS: That's fine. Which includes $2,000 for mental health hearings, one or a 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .--. 25 179 hundred? (Commissioner Nicholson nodded.) COMMISSIONER WILLIAMS: That's fine with me. COMMISSIONER LETZ: Is that a motion? COMMISSIONER NICHOLSON: Yes. COMMISSIONER LETZ: Second. JUDGE TINLEY: What's the motion? COMMISSIONER NICHOLSON: That we collect the judicial supplement line item in the amount of $4,000, and the Mental Health line item in the amount of $16,000, but not increase the gross compensation to those who are eligible to participate. COMMISSIONER WILLIAMS: It's already seconded. JUDGE TINLEY: You seconded? COMMISSIONER LETZ: Yeah. And I think -- I mean, waiting on discussion. How I interpret that is how it was reflected in the current budget for the County Judge, and that the -- and also as included in the current budget of August 29th under Mental Health line item, that $2,000 to J.P.'s 2, 3, and 4 -- or a total of $6,000 divided equally amongst J.P.'s 2, 3, and 4 needs to be funded out of the fee collected for mental health hearings, or whatever the fees come from. JUDGE TINLEY: Is the intention of the motion 9-2-03 180 1 .-. 2 3 4 5 6 7 8 9 10 11 12 _~ 13 14 15 16 17 18 19 20 21 22 23 24 25 not to increase the gross compensation? Is it also the intention of the motion not to decrease the gross compensation? COMMISSIONER WILLIAMS: Status-quo. Except charge it against other counties. JUDGE TINLEY: That's going to be -- that's going to be hard to hit. Okay. Motion made and seconded. Any further question or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Next item, 1.36, consider and discuss '03-'04 holiday schedule for Kerr County employees. COMMISSIONER BALDWIN: I have two different pages here. Which one we working off of? The one with the pretty yellow line at the bottom? JUDGE TINLEY: The first one you saw was the one that was first pitched out. The second one is the one I believe that Ms. Nemec decided to offer up as an alternative. COMMISSIONER BALDWIN: What does that mean, December 26 instead of this holiday? MS. NEMEC: Instead of July the 5th. 'Cause 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,•-~ 25 181 July 4th falls on a Sunday, and we usually -- whenever it falls on a Sunday, we get July -- we get the Monday off, or if it falls on a Saturday, we get the Friday off. And since it falls on a Sunday, I think more employees would rather have July -- I mean December 26th off than have that Monday off. COMMISSIONER WILLIAMS: Don't we have a general policy that says if a holiday falls on a Sunday, it's automatically the next day? MS. UECKER: That's what she said. COMMISSIONER WILLIAMS: For all of them, no matter which holiday? MS. UECKER: Yes. COMMISSIONER LETZ: I -- I mean, I see the reason for it, and I think -- actually, I have no problem with it, except that it leaves the courthouse closed for three days at the end of the year. MS. NEMEC: Two and a half. The 24th, I was just proposing to work half a day. Have our party that we normally have, and -- MS. UECKER: Which is basically what happens anyway. Even if the courthouse is open, the offices shut down early. I'm usually the only one here, you know, after noon. COMMISSIONER BALDWIN: I'm the only one that 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-. 25 182 works, but the rest of y'all all leave. MS. UECKER: And just -- just for your information, I questioned my staff earlier to ask them what they would rather have. Would they be willing to give up the 4th of July if they could get the 26th after Christmas day, and they unanimously said yes. They love that option. COMMISSIONER BALDWIN: I'm in total agreement. MS. NEMEC: And in the past, when -- when Christmas has fallen on a Thursday, we've done this before, the two and a half days. But this way, I was just offering a day to give up for that. COMMISSIONER BALDWIN: Yeah, that's -- this is something new. And I'm going to give my same little speech as I give every year, is that on Christmas, granny's traveling to little Billy Bob's place up in Fort Worth, and she needs that extra day to travel. MS. NEMEC: Travel. MS. UECKER: Travel back. COMMISSIONER LETZ: And we don't -- let's see. We do not have Texas Independence Day recommended. COMMISSIONER BALDWIN: I see Texas Independence Day is not on here. MS. NEMEC: It's not the -- it's just not a federal holiday, and -- and it was not -- ~-2-0~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 183 COMMISSIONER BALDWIN: We don't care what the federal people are doing. MS. NEMEC: We can always add it. Hey, that will be 12 and a half days, no problem. COMMISSIONER BALDWIN: In place of Martin Luther King. MS. NEMEC: Martin Luther King, I put no for us. I'm not counting that in the 11 and a half days. I just showed it on there because it's a federal holiday. COMMISSIONER LETZ: But it could be in place of Columbus. MS. UECKER: We used to always get 13 days every year, as I recall. MS. NEMEC: We used to. COMMISSIONER BALDWIN: When is Texas Independence? September the 16th or something like that? COMMISSIONER LETZ: April 21st. COMMISSIONER BALDWIN: Is it April 21? COMMISSIONER COMMISSIONER following K.I.S.D. would be employees that have childre COMMISSIONER COMMISSIONER WILLIAMS: Mm-hmm. NICHOLSON: Well, looks like -- would be beneficial to the n. LETZ: I would agree with that. BALDWIN: I agree with that. COMMISSIONER LETZ: I move we adopt the 9-^-03 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 184 holiday schedule as presented by the County Treasurer. (Discussion off the record.) COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that the holiday schedule as proposed by the County Treasurer-slash-personnel officer be adopted and approved. Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. MS. DECKER: Judge? Can I -- can I ask you to go back to 1.28, which is the Law Library fund? In order to save the County that money, it's going to increase some of my responsibilities, so is it also your intention to leave that supplement the same? Is it going to increase some of my -- JUDGE TINLEY: Well, no. MS. DECKER: -- salary? JUDGE TINLEY: The policy adopted by the Court is, if you get a supplement, it comes off the salary, isn't it? MS. DECKER: Sounds like it. (Discussion off the record.) 9-2-03 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 185 JUDGE TINLEY: Huh? MS. DECKER: It's -- it's a salary? It's not MS. NEMEC: It's a salary. MS. DECKER: Salary. JUDGE TINLEY: Oh, it's a salary? MS. DECKER: Right now, its $2,100. JUDGE TINLEY: You're in good shape. You want to go back to it? (Ms. Decker nodded.) COMMISSIONER WILLIAMS: Yes or no? MS. DECKER: COMMISSIONE MS. DECKER: MS. NEMEC: MS. DECKER: evenings and weekends. Yes. R WILLIAMS: Yes? Yeah. $2,218, with a cost-of-living. 2,218. 'Cause that's usually JUDGE TINLEY: You forget who I am? MS. DECKER: Yes -- no, I'm not forgetting. JUDGE TINLEY: Oh, okay. MS. DECKER: You can ask some of these other gentlemen that have seen me up here on Saturday morning moving books around. I haven't in a while, but I do work at it in the evenings. JUDGE TINLEY: What's your question on 1.28? 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 186 MS. UECKER: I guess to put some type of a token increase on the salary for added responsibilities. COMMISSIONER WILLIAMS: This comes out of the fund? MS. UECKER: Comes out of the same fund. COMMISSIONER WILLIAMS: How's $3,000 sound? MS. UECKER: Fine. COMMISSIONER WILLIAMS: I move it. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded that the Law Librarian's stipend or compensation be increased by $3,000 -- COMMISSIONER WILLIAMS: No, no, no. Up to $3,000. JUDGE TINLEY: Pardon? MS. UECKER: Not "by." COMMISSIONER WILLIAMS: Up to $3,000. It's $2,218 right now, right? MS. UECKER: Yeah. JUDGE TINLEY: Excuse me. That her current compensation be increased up to $3,000. COMMISSIONER WILLIAMS: Good try, Judge. JUDGE TINLEY: That's what it sounded like to me. You said, "How does $3,000 sound?" She said she wanted an increase; you said $3,000. That sounded like an increase 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 187 to me. Do I clearly have the motion, gentlemen? All in favor of the motion, signify by -- COMMISSIONER LETZ: Wait, wait, wait. Discussion? JUDGE TINLEY: Okay. COMMISSIONER LETZ: That seems like a little bit of a steep increase, in my mind. MS. UECKER: $800? COMMISSIONER WILLIAMS: $782. COMMISSIONER LETZ: Yeah. JUDGE TINLEY: What's the net cost to Kerr County? COMMISSIONER WILLIAMS: Zero. MS. UECKER: I'm sorry. COMMISSIONER WILLIAMS: Net cost to Kerr County is zero. MS. UECKER: Zero. COMMISSIONER WILLIAMS: $782 is what it is. Percentage-wise, it's just like the Sheriff got, or thereabouts. JUDGE TINLEY: Do you have a question or comment, Commissioner Letz? COMMISSIONER LETZ: I think it's too much. That's my comment. MS. UECKER: This -- you know, this was 9-~-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 188 before we went to the computers; it was Saturday mornings, moving books. And then we went to the computers; it's loading disks and making sure the computers are all working, emptying the trash off of them. Yeah, I heard you. COMMISSIONER WILLIAMS: Equates to $15 a week, is what it amounts to. MS. DECKER: Yeah, and helping customers look up the law that come in there and don't know. I mean, that's really the biggest time-consumer right there. (Commissioner Letz left the courtroom.) MS. DECKER: Some of them, I ask to come back at 5:00 and I help them. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. MS. NEMEC: Judge? Before you go to the last line item, may I ask a question, please? The direct -- the amount that it's going -- that it was going to take to do direct deposit for employees, was that added in anywhere in the budget? JUDGE TINLEY: I don't believe so. 9-~-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 189 MS. NEMEC: Or did we just decide not this year? Or -- JUDGE TINLEY: I don't -- to my knowledge, it wasn't. It wasn't in the items that the Auditor and I went over at our last meeting in preparation for this latest run that was done. COMMISSIONER BALDWIN: I thought we had intentions of doing it, though. MS. NEMEC: I thought that. COMMISSIONER BALDWIN: I remember thinking that, anyway. JUDGE TINLEY: I think I can give you reasonable assurance that we didn't even talk about it. But, you know, that's certainly -- COMMISSIONER WILLIAMS: I remember Barbara bringing it up. COMMISSIONER BALDWIN: Direct deposit? I had the conversation. MS. NEMEC: I just don't -- I just don't know. (Commissioner Letz returned to courtroom.) MS. NEMEC: I don't think the numbers were put anywhere. I don't think that $3,000 was ever put anywhere. And I do want to let the Court know that the -- if you do decide t0 g0 ~~>i tr that . i t T~ii 1 1 nrnhahl v ha 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 190 January before I can even look at them coming out here and -- and doing everything. We are kind of behind right now. SHERIFF HIERHOLZER: Does that work like the school's does, where it actually goes in about two days earlier than what it -- MS. NEMEC: No. SHERIFF HIERHOLZER: -- normally would? MS. NEMEC: No. SHERIFF HIERHOLZER: That's where you always hear everybody wanting to pick up their paycheck early. But I know the schools, direct deposit goes in a couple days earlier than if you get -- if you wait and pick up a paycheck. MS. NEMEC: The way we pay, there's no way that could happen, because on the 15th, we pay for them working through the 15th at 5 o'clock, and the only way that could happen is if we bring our cutoff schedule two days earlier, so that we can complete everything two days before payday. But, I mean, that's not when we pay. I don't see why we would want to do that. SHERIFF HIERHOLZER: Yeah. No, it's just a question. MS. NEMEC: That would mean them getting their paycheck deposited on the 13th and having to work two days. They may not show up those two days, and they're 9-~-03 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~-~. 25 already receiving their pay for it. JUDGE TINLEY: What's the Court's pleasure on the direct deposit? COMMISSIONER BALDWIN: Well, I like the program, but why does it cost us $3,000 again? Tell me. MS. NEMEC: It would cost -- $3,000 is for the software that we're going to need from our bank depository and from our Software Group. COMMISSIONER WILLIAMS: Where would that go? What -- what budget? JUDGE TINLEY: Nondepartmental. MS. NEMEC: I would put Nondepartmental. COMMISSIONER WILLIAMS: Nondepartmental. MS. NEMEC: Don't increase my budget any more. COMMISSIONER BALDWIN: I'm going to say no. JUDGE TINLEY: Anybody have a motion to offer in that respect? Okay. Item 1.37, consider and discuss adoption of general provisions, '03-'04 Kerr County budget. COMMISSIONER BALDWIN: This is a document that is in our budget every year that I don't know that anybody ever reads, but it's -- to me, it's an important document. As an example, Section 2, where just recently we talked about budget amendments and how, if there's going to be a budget amendment, the department head or elected 9-2-03 192 1 2 3 4 5 6 7 8 9 10 11 12 ,_„ 13 14 15 16 17 18 19 20 21 22 23 24 25 official needs to come to Commissioners Court prior to making the purchase. Just one of those things that's in here. Judge, I move that we adopt the general provisions for 2003-'04 Kerr County budget. COMMISSIONER LETZ: Second. JUDGE TINLEY: You're speaking of the one as -- as -- COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: -- usually provided, which is a three-and-a-half-page item containing six Roman numeral COMMISSIONER BALDWIN: Yes, sir. I don't think it's a full three and a half pages, though. JUDGE TINLEY: Would you go for three and four-tenths? COMMISSIONER BALDWIN: Four-tenths, yes, sir. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: We're getting picky here at the end of the day. JUDGE TINLEY: Should we mark it as an exhibit so we can clearly identify it? COMMISSIONER NICHOLSON: Did that have a second? COMMISSIONER BALDWIN: Not yet. COMMISSIONER NICHOLSON: I second. 9-2-03 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I did. JUDGE TINLEY: Oh, Commissioner Letz did? COMMISSIONER LETZ: I did. COMMISSIONER BALDWIN: I heard Letz do it. JUDGE TINLEY: You're out. Want back in? COMMISSIONER NICHOLSON: No. I'm ready to vote. JUDGE TINLEY: Any further questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carries. COMMISSIONER BALDWIN: This certainly has been an emotional day. COMMISSIONER WILLIAMS: Nice way to put it. COMMISSIONER LETZ: Judge, is the agenda -- I mean the budget on Monday's agenda? Or -- JUDGE TINLEY: I did a budget agenda request item. COMMISSIONER LETZ: Okay. JUDGE TINLEY: You're free to check and see. I think it's been approved, or I -- I've asked that it be put on. 9-2-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ...~ 25 194 COMMISSIONER LETZ: Well, considering you put it on and you're the one that approves it, I would think it would be approved. COMMISSIONER NICHOLSON: On the other hand -- JUDGE TINLEY: No, I don't -- you can put a budget item -- an agenda request in and approve an agenda item. COMMISSIONER LETZ: Well, so can you. And you did it, so -- consider it done. JUDGE TINLEY: Okay. Any further business? COMMISSIONER BALDWIN: Judge, did we have a -- COMMISSIONER WILLIAMS: We have an Executive Session called? JUDGE TINLEY: I put that on there in case any members of the Court felt a need to. Is there a need felt by any member of the Court that we need to go into Executive Session for either of the items listed below? SHERIFF HIERHOLZER: Just so -- just so nothing's forgotten, on 1.27, y'all never did address that; you skipped over it. No motion, I believe, is what I have on my record. JUDGE TINLEY: That's correct, there was no action taken on that item. SHERIFF HIERHOLZER: Okay. 9-2-03 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to. COMMISSIONER BALDWIN: 1.27? COMMISSIONER LETZ: Extension Office. COMMISSIONER BALDWIN: Well, we intended not SHERIFF HIERHOLZER: I didn't know. I just -- y'all took action on all the rest. I didn't want that one to slip through the cracks. JUDGE TINLEY: Is there any desire by any member of the Court to go into closed or executive session for -- for the items listed? COMMISSIONER BALDWIN: Not me. COMMISSIONER LETZ: No. JUDGE TINLEY: I gather there is none. We'll stand adjourned. (Commissioners Court adjourned at 4:20 p.m.) 9-2-03 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF TEXAS I COUNTY OF KERR I The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 8th day of September, 2003. JANNETT PIEPER, Kerr County Clerk '~,_ B Y : _ ~~~v "^~ ----------------- Kathy B ik, Deputy County Clerk Certified Shorthand Reporter ~-?-o? ORDER N0.28259 2.5% COST OF LIVING (COLA) SALARY INCREASE On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Williams, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by granting a cost of living adjustment (COLA) salary increase of 2.5% to all Kerr County Employees and elected officials. ORDER N0.28260 HEALTH INSURANCE On this the 2"d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to changing the proposed 2003-2004 Kerr County budget by increasing the budgeted group health insurance cost for all elected officials and employees by 15%. ORDER N0.28261 INCREASE SHERIFF'S DEPARTMENT DEPUTIES SALARY On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to changing the proposed 2003-2004 Ken County budget by granting salary increases to the Sheriffs' Department Deputies in the amount of $1,500.00 each. ORDER N0.28262 INCREASE SHERIFF'S DEPARTMENT JAILERS AND DISPATCHERS SALARY On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to changing the proposed 2003-2004 Kerr County budget by granting salary increases to the Sheriffs' Department Jailers and Dispatchers in the amount of $3,000.00 each with a reduction of 4 jailers. ORDER NO. 28263 INCREASE KERB COUNTY SHERIFF'S SALARY On this the 2nd day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 3-0- 1 to changing the proposed 2003-2004 Kerr County budget by granting a salary increase to the Kerr County Sheriff by 10% to a total of $51,735.00. ~` ORDER NO. 28264 MERIT SALARY FUND On this the 2"a day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Williams, then amended motion by Commissioner Williams and seconded by Commissioners Nicholson, the court unanimously approved by vote of 3-0-1 to changing the proposed 2003-2004 Kerr County budget by establishing a Merit Salary Increase Fund of $10,000 as a new budget line item with Commissioner Nicholson and the County Personnel Officer, Barbara Nemec would write the guidelines that no merit increase from the pool be considered sooner than six months into any ensuing budget year, and that the initial year, no merit increases will be given until the parameters -- are designed and approved by Commissioners Court. ORDER NO. 28265 KERR COUNTY ELECTED OFFICIALS SALARY On this the 2°d day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 that all elected officials, excluding the Sheriff, and Commissioners Court, be increased by $1,000, and taking $800 off the Constables salary and change the proposed '03-'04 budget be changed accordingly. ORDER N0.28266 REQUIRED RESERVE FUND BALANCE On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to approve the establishment of Kerr County fiscal policy by designating a required General Operating Reserve Fund balance of 25% to be maintained by Kerr County during such fiscal period. ORDER NO.28267 INFORMATION TECHNOLOGY DEPARTMENT BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to change the proposed 2003-04 Kerr County Budget by funding the Information Technology Department budget at the same funding levels as specified in the 2002-03 Kerr County Budget, plus any applicable longevity. ORDER NO. 28268 COURT COLLECTIONS BUDGET On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to changing the proposed 2003-2004 Kerr County budget by decreasing Books and Publication line item from $75.00 to $50.00 and decrease Travel Line item from $1,200 to $300. ORDER NO.28269 DELETING ELECTED OFFICIALS SALARY FOR 216th DISTRICT COURT On this the 2°d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 by changing proposed '03-'04 Kerr County budget by modifying 216th District Court budget account by, (1) deleting elected official salary line item of $1,080 or other amount, and (2) adding Special Trials line item in the sum of $150,000 or other amount. ORDER NO.28270 198`h DISTRICT COURT BUDGET On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 by modifying the 2003-2004 Kerr County budget by adding to Special Trials line item the sum of $75,000.00 to the 198th District Court. ORDER NO. 28271 DISTRICT CLERKS BUDGET On this the 2"a day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget by decreasing Operating Equipment line item from $2,600 to $600 and adding Capital Outlay expenditure of $2,600 for acquisition of a big printer. ORDER NO. 28272 JUSTICE OF THE PEACE #4 On this the 2"d day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget by increasing the Office Supply line item from $2,095 to $2,600. ORDER N0.28273 KERB COUNTY JAIL BUDGET On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by leaving the Jail budget account for Employees Medical Exams line item at $4,000 and increasing Jail Uniforms line item from $8,000 to $9,000 and increasing Prisoners Meals line item from $170,000 to $180,000 and increasing Prisoner Transfer line item from $16,000 to $25,000 and increasing Radio Repair line item from $500 to $1000 and increasing Training line item from $4,500 to $8,000. ORDER NO. 28274 PARKS AND MAINTENANCE BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget by decreasing Operating Equipment line item from $2,000 to $1,200. ORDER N0.28275 CONSTABLE PRECINCT NO. 1 On this the 2°d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget by modifying the Constable Precinct No. 1 budget account by increasing Miscellaneous line item from $100 to $700 to acquire a radio and deleting existing Fuel and Vehicle Repair line items; adding new Fuel line item in the amount of $1,300 and adding new Vehicle Repair line item in the amount of $500 and adding new Vehicle Insurance line item in the amount of $650.00 and adding Capital Outlay line item in the amount of $7,200 to acquire and equip a new vehicle patrol unit. ORDER NO. 28276 CONSTABLE PRECINCT NO.2 On this the 2"d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 by modifying the proposed 2003-2004 Kerr County budget for the Constable Precinct No. 2 by increasing the Postage line item from $37.00 to $100 and deleting existing Fuel and Vehicle Repair line item and adding a new Fuel line item in the amount of $1,300 and adding a new Vehicle Repair line item in the amount of $500 and adding new Vehicle Insurance line item in the amount of $650.00 and adding Capital Outlay line item in the amount of $7,200.00 to acquire and equip a new vehicle patrol unit. ORDER NO. 28277 CONSTABLE PRECINCT NO.3 On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Williams, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget for the Constable Precinct No. 3 by increasing the Miscellaneous line item from $100 to $700 to acquire a radio and increasing Postage line item from $37.00 to $100 and increasing Office supplies line item from $50 to $100 and deleting existing Fuel and Vehicle Repair and Vehicle Insurance line item and adding New Fuel line item in the amount of $1300 and adding new Vehicle Repair line item in the amount of $500 and adding new Vehicle Insurance line item in the amount of $650 and adding Capital Outlay line item in the amount of $7,200 to acquire ._.. and equip a new vehicle patrol unit. ORDER NO.28278 CONSTABLE PRECINCT NO.4 On this the 2"d day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Kerr County budget for the Constable Precinct No. 4 by decreasing $800 travel from the salary line item and increasing Elected Official's Salary line item to $29,429 and deleting existing Fuel and Vehicle Repair line item and adding a new Fuel line item in the amount of $1,300 and adding a new Vehicle Repair line item in the amount of $500 and adding new Vehicle Insurance line item in the amount of $650.00 and decreasing $800 travel from the salary line item. ORDER NO. 28279 SHERIFF'S DEPARTMENT BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by modifying the Kerr Sheriffs Department Budget account by reducing Group Health Insurance from $370,008 to $279,696 to correct an error in the original budget and increase Uniforms line item from $10,000 to $12,000 and increase Crime Prevention line item from $500 to $1,000 and increase Training Schools line item from$18,000 to $25,000 and adding Capital Outlay line item for $46,535 to acquire and equip four new vehicle patrol units. ORDER NO. 28280 HEALTH AND EMERGENCY SERVICE BUDGET On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to change the proposed 2003-04 Kerr County Budget by modifying the Health and Emergency Service budget account by increasing U.G.R.A. Contract line item from $50,000 to $64,000 and decreasing First Responder Coordinator line item from $10,831.00 to $9,675.00. ORDER N0.28281 RABIES AND ANIMAL CONTROL BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0- 0 to change the proposed 2003-04 Kerr County Budget by modifying the Rabies and Animal Control budget account by increasing Operating Expense line item from $7,500.00 to $8,000.00. ORDER NO. 28282 COUNTY SPONSORED ACTIVITY BUDGET AND KCAD (CENTRAL APPRAISAL DISTRICT) On this the 2"a day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Baldwin, the court approved by vote of 3-0-2 with Judge Tinely voting yea, to approve the Kerr County-Sponsored Activity as presented and modified with the $97,648 for KCAD. ORDER NO. 28283 FUNDING BOOKS AND PUBLICATIONS THRU LAW LIBRARY BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by eliminating the funding for Books and publications line items to various department to the extent that the same can be provided through the Law Library budget and that the Elected Officials and Department Heads provide a list of current subscriptions to District Clerk Linda Uecker and each elected official and/or department head provide the Auditor with an itemization of dues -- required to be paid during the coming fiscal year, and that that amount be deducted from that department's allocation for Books, Publications, and Dues and be left remaining there, and that the balance of all those accounts be transferred to the County Law Library fund. ORDER NO. 28284 PUBLIC LIBRARY On this the 2"d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to change the proposed 2003-04 Kerr County Budget by reducing the funding by request for Public Library funding in the amount of $387,1801ess half of the cost for the bookmobile or remote book delivery system that's being phased out. ORDER N0.28285 JUVENILE PROBATION BUDGET On this the 2°d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 by modifying the proposed 2003-2004 Ken County budget by modifying the Juvenile Probation budget account by increasing Attorney Ad Litem fees line item from $25,000 to $35,000 and increase Alternate Housing line item from $65,103 to $100,000 ORDER NO. 28286 ALL KERB COUNTY VOLUNTEER FIRE DEPARTMENTS On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 changing proposed '03-'04 Kerr County budget by modifying Fire Protection budget account by, (1) increasing all Kerr County Volunteer Fire Department line items from $11,000 to $13,000, adding Divide Volunteer Fire Department line item of $13,000, increasing City Fire Contract line item from $100,000 to $125,000. and (2) Comfort is considered a Ken County VFD for the purposes of the motion. And the three other out- of-county -- Tierra Linda, Junction, Castle Lake -- are already in at $1,000 each. ORDER 28287 ROAD & BRIDGE BUDGET ACCOUNT On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by modifying the Road and Bridge budget by adding the Engineer's Salary line item of $23,868.00 and increasing Group Health Insurance line item from $16,452. 00 to $21,937.00 and deleting Contract Engineer's Service line item of $25,000 and increasing Employee Medial line item from $2,000 to $3,200 and increasing ROW (Right of Way) Survey and Engineering line item from $4,000 to $10,000. ORDER NO.28288 RECORDS MANAGEMENT AND PRESERVATION BUDGET On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to change the proposed 2003-04 Kerr County Budget by modifying the Records Management and preservation budget account by increasing Old Records Preservation line item from $4,559.00 to $9,559.00 to allow $5,000 allocation to the District Clerk and adding Capital Outlay line item of $16,000 to acquire imaging license and equipment for District Clerk. ORDER 28289 PARKS On this the 2°d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by modifying the Parks budget account by (L.C.R.A. Grant - $51,100.00) and footbridge (FEMA - $6,600.00) and with the exception that the restrooms be deleted, and that an additional $1,000 be allocated for Lions Park. ORDER NO. 28290 NON-DEPARTMENTAL BUDGET On this the 2°a day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by modifying Non-Departmental budget account by deleting Information System Maintenance Contract Service line item in the um of $45,000.00 and increase the Mainframe maintenance line item from $5,000.00 to $9,200.00 for acquisition of additional hard drive capacity. ORDER NO. 28291 JUDICIAL SUPPLEMENT FEE On this the 2"d day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to change the proposed 2003-04 Kerr County Budget by collecting the judicial supplement line item in the amount of $4,000, and the Mental Health line item in the amount of $16,000, but not increase the gross compensation to those who are eligible to participate. ORDER NO. 28292 HOLIDAY SCHEDULE FOR 2003/04 On this the 2"d day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 4-0- 0 to approve the Holiday Schedule for 2003/04 as follows: Holida Date Columbus Day October 13, 2003 (Monday) Veteran's Day November 10, 2003 (Monday) Thanksgiving November 27,28, 2003 (Thursday & Friday) Christmas December 24, 25, 26, 2003 (1/2 day Wed, Thursday & Friday) New Year's Day January 1, 2004 (Thursday) President's Day ,.-, February 16, 2004 (Monday) Easter (Good Friday) Apri19, 2004 (Friday) Memorial Day May 31, 2004 (Monday) Labor Day September 6, 2004 (Monday) ORDER No. 28293 On this the 2"d day of September 2003 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the court unanimously approved by vote of 3-0- 0 to change the proposed 2003-04 Kerr County Budget by modifying the Law Library Salary for Linda Uecker by adding in the Salary line item additional $782.00 for the extra duties as the librarian. ORDER NO. 28294 GENERAL PROVISIONS On this the 2"d day of September 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the court unanimously approved by vote of 4-0-0 to adopt the general provisions to 2003-04 Kerr County Budget.