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 COUNTY COMMISSIONERS COURT and KERRVILLE CITY COUNCIL City/County Joint Programs Workshop Friday, May 6, 2005 8:00 a.m. District Court Jury Room # 1 Kerr County Courthouse Kerrville, Texas P R E S E N T Kerr County Commissioners Court: PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 Kerrville City Council: STEPHEN P. FINE, Mayor DAVID WAMPLER, Mayor Pro Tem OLLIE D. BROWN, Place 1 LARRY W. HOWARD, Place 2 EUGENE C. SMITH, Place 4 DON DAMS, Interim Assistant City Manager ~i pl 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 Call to Order 1. Consider, discuss and possible action on Jointly Owned/Operated Facilities or Programs including, but not limited to: a. Kerrville/Kerr County Municipal Airport b. EMS and Fire Suppression c. Community Recycling Center d. Butt-Holdsworth Memorial Library e. Animal Control Adjourned PAGE 3 56 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 Friday, May 6, 2005, at 8:00 a.m., a special joint meeting of the Kerr County Commissioners Court and Kerrville City Council was held in the District Court Jury Room # 1, 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: Good morning, ladies and gentlemen. Let me call to order the special joint Commissioners Court and City Council meeting between those two bodies posted for this time and date, Friday, May the 6th, 2005, at 8 a.m. It is past that time now, so we need to try and get on down to business. The -- the agenda, as posted by the Commissioners Court, was to consider, discuss, and possible action on jointly-owned/operated facilities or programs, including, but not limited to, the Kerrville/Kerr County Municipal Airport, EMS and Fire Suppression, Community Recycling Center, Butt-Holdsworth Memorial Library, and Animal Control. I had anticipated that we might be able to move into some of the subject matter of these items. I received an e-mail from the Kerrville City Manager yesterday -- correction. Actually, it -- well, I got it yesterday; it came in after 5:00 on Wednesday, that the City Manager indicated that, in his mind, the purpose and intent of the meeting for this Friday is for the two bodies to discuss the process that will be used from that 5-9-05 jcc 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 point forward in dealing with those joint issues, contracts, I would note that -- I think it was week before last, that I furnished information to -- no, it was last week, actually, that I furnished information on Animal Control services, some financial and activity reports for the facility that the County operates, along with some proposed meeting dates that resulted in this particular meeting being scheduled. That is the only facility of the joint activities that's operated by Kerr County. I thought it beneficial that y'all had whatever information that we have. Yesterday, we received from the City representatives some information relative to the emergency medical services agreement, some explanatory data, and a proposed interlocal agreement for emergency medical services. I don't know the extent to which members of the Commissioners Court have been able to review that information. I was able to take a little bit of time to do so. I have a number of questions about some of that information, but if we're not going to get into the substance of these particular operations or -- or facilities, maybe I need to understand where -- where you guys are coming from. MAYOR FINE: Like I said, this is more really designed to discuss how the process is going to go. COMMISSIONER LETZ: Do you need to -- 5-9-05 jcc 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 MAYOR FINE: He said -- the way he opened it, calling both of us, was sufficient. COMMISSIONER LETZ: I just wanted to make sure it was legal. JUDGE TINLEY: Let me, if I might -- before you start, we've got a court reporter here taking a transcript, and for anyone that speaks, if they'd be kind enough to -- anyone other than the Court; obviously, she's familiar with those people. If they'd be kind enough to identify themselves so she's got a good, clean record, I'd appreciate it. Thank you. I apologize, Mr. Mayor. MAYOR FINE: Stephen Fine, Mayor, City of Kerrville. This was really designed to discuss the policy and -- not policy. The procedures, 'cause we had talked about that in the past, about setting up some particular committees and to review how things were handled. I think we wanted to break it down at some point in time to look at how the different processes were being handled, and it really wasn't meant to discuss the actual in-depth budget. We don't have it yet. We're not that -- at that point in our process. It's just the beginning of May, and we're just not there yet. The meetings we have held with y'all in the past have, I believe, generally been held in June. June or even July, possibly. And with some of the changes going on around City Hall -- the processes will go on whether or not 5-9-05 jcc 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 Mr. Patterson is there or not, but we just -- we do not have the full budget to actually hand to you. The figures we've given on EMS are -- are based largely on what's happened in the past and what we can project into the future. They're -- they're solid figures. You know, we've got years worth of records, you know, about 10 years worth of data on EMS, so it's not something that's just pulled out of thin air. I don't know how else to put it. I don't know what part of those -- those figures you would like to discuss or feel that maybe we need to discuss it later in context with fire protection and do it all at one time. There have been some changes in, you know, how the City handles EMS -- not handles, but the way and how money's being collected. Medicare/Medicaid has hurt us drastically. There have been some changes. COMMISSIONER BALDWIN: Steve, let me say something here, talking about how -- how that we conduct our meetings if we have meetings together. I mean, to me, that's the reason we're here today. MAYOR FINE: Right. COMMISSIONER BALDWIN: And I want to start off by saying, you know, there's -- there's a gap here between the City and the County. There's some -- some bad feelings and some feelings hurt and all those things. And I just want to say if -- you know, if I caused any of that, I 5-9-05 jcc 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 want to apologize to the City, and get that out of the way. This is the people's business. You know, we -- we really don't have any choice. We need to lay down our personal stuff and move forward as a body; the two bodies coming together, and move forward as a body, because it's the taxpayers' business, and sometimes it angers me that we Nave to take on little personal issues. But I like -- to get down to the bottom line, I like the way that y'all have done it before, and I appreciate and I know there's a tremendous amount of hours that the staff puts into the program, preparing all that paperwork for us and all those numbers. I like that. I like to go to the meeting and be presented -- I mean, some of it bores me to tears, but I -- that's the only way I'm going to get all the information. You know, I think where we bog down is that, you know, we're kind of the redneck side, and we -- okay, me. Okay. (Laughter.) Okay, there's just one of us. All right. There's got to be questions. There's things that I don't understand. I'll speak for me; there's things that I don't understand. I have to ask questions. And sometimes I know that those questions appear to be maybe intrusive, or you all feel like, you know, "Here's the information. Don't you understand this stuff? Why are you asking all these questions?" And -- but I've got to. I've got to ask the questions, because I don't understand all of 5-9-G5 jcc 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 it. I'm trying to be honest here and lay everything out on the table. So, you know, if -- if we are offensive by asking questions, then we really do have a problem, because we have to ask questions. There are questions -- I mean, there's things that we don't see and don't understand, and have to -- and so the -- you have to ask questions to get those answers. MAYOR FINE: Right. Buster, I don't think anybody's going to argue about the question asking, because we do the same thing. And I think, in the past, personalities have been brought into this. It's -- there's an inherent difference in the two governments. We have a staff that does the work and presents it to us, just like it's presented to y'all. But we're also not full-time employees. I mean, you know, we get 50 bucks a month to do our meetings, and that's it. And -- and you guys have to do your own budget, your own districts, and y'all have to work individually with each one of them, and for y'all it's a job, almost like the staff, and what y'all do. I don't mean that in a bad way or good way or otherwise. COMMISSIONER BALDWIN: That's true. MAYOR FINE: It's the different nature of the beast. Your numbers, you probably understand them better because you put them together. Our numbers are presented to us, just like they are to you. And, you know, the 5-9-05 jcc 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 difference in the past, when -- we got our books in the past at the same time y'all did. I know it's been felt that we got them weeks ahead of time. That's not the case. They've been handed to us probably within -- everybody on Commissioners Court and City Council got them within 24 hours of each other. And the difference in time would be who was closest to City Hall when they were being handed out and who was the last person on the route, but other than that, there hasn't been a big difference. And I think that it hasn't been the actual asking of the questions; I think at times it's just been the nature of the way the questions were asked. And -- and I don't think right now is really appropriate to get into that. I think if we're going to move forward, we don't need to dwell on the past. We have some new Council members; we have some new Commissioners, and I think we need to look at where we are now and move forward, because arguing about the past, we all saw it in different -- from different angles, and I think we're all sorry the way things have happened, and I'd like it to work better too. COMMISSIONER BALDWIN: Good. That's good. MAYOR FINE: I think in -- I think, you know, there are some differences in our -- our governments, the way they both work, and we need to recognize those, and instead of arguing about it, just recognize that it's there 5-9-05 ~cc 10 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 move on down the road. And we -- we're -- some of these programs, we're joined at the hip from now on. Other ones, you know, there -- there may be ways -- you guys have taken, like, you know, the Animal Control. Well, we used to have separate ones, and now we've been able to work together on some of this stuff. And I think the more we can do to simplify all of it, it would be a lot easier. And -- and that's -- it gets out of -- it gets away from negotiating little, bitty minor details instead of maybe -- you know, like the EMS contract. We would be a contractor, period. You know, you tell us the level of service you desire, and we give you a price for that level of service, instead of it coming down to individual numbers and individual county runs. And if the cost of gas goes up, it's our problem that year, because we bid it too low, just like it would be any other contractor. But I think some of this stuff, we just need to put it behind ourselves and -- COMMISSIONER LETZ: Steve, I think -- if I can interject something, I agree with almost everything you were saying, and I think you did -- I mean, it's very important that everyone, you know, understands the differences in the government. But where the -- I think the disconnect has happened in the prior meetings is that -- that we -- you know, everyone gets presented the budget at the same time. The Council has had -- on the City 5-9-05 ~cc 11 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 operation, the City-operated ones, has had some input, from a policy standpoint, from the staff, but we've never had the contact with the staff. I think what's going to have to happen for us to understand those budgets is for the Commissioners to have contact with the staff so we understand the policy going into the budget that's being generated. I think that's what's causing the difficulty. Because, as you said, you know, we do get very involved with that. We set the policy, and we do the -- MAYOR FINE: Right. COMMISSIONER LETZ: -- the numbers, whereas the City sets the policy and the staff does the numbers. So, I think it's a -- you know, to keep -- you know, and that's been, I think, what has caused the difficulty. And the other part of the difficulty, in my mind, is that for a while we were having one -- maybe one a year, two meetings, but we meet very seldom, so every -- well, we have a whole lot of questions built up over a year, and so it's our one opportunity to really get them answered, so we probably discuss too much. And that's why I think the -- I mentioned to the City Manager before, the way the airport issue was resolved, to me, was a very good way. It was a way for both bodies to have representatives that were communicating back and forth, and when it got to the point of the decisions being made -- Council made and the Commissioners Court made, 5-9-05 jcc 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 the committees never made any decisions. They just talked it up, came up, and it was -- you know, it came out with a recommendation to them that was discussed on both bodies. So, to me, that works a lot better than just having one meeting. The one meeting, I think, is just an overview, kind of a culmination of the process. COMMISSIONER WILLIAMS: I think there's an erroneous perception out in the -- in the community that we fail to get together and don't do things together and we're constantly lobbying nuclear devices up and down Highway 27. The reality of that is, that is not true. We work together on a lot of things. And what Commissioner Letz just cited in terms of the airport, I think, is a classic example of the ability to take a very difficult issue and shape it and make it come out to the benefit of both sides of the equation, and I think -- I think that applies all up and down the line. Each one of these things that we do together -- well, we fund together -- are important to the community, and I think it's important also that we get on with it. Now, sometimes I think -- as Commissioner Letz pointed out, sometimes there are questions behind the numbers, and sometimes, by asking those questions, somebody gets upset that the -- you know, the numbers are supposed to speak for themselves. Quite often that's not the case. The numbers do not speak for themselves. And there are issues 5-9-05 jcc 13 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 there are -- certainly, every time there's an issue behind a number, there certainly is an answer. And so, you know, I think it's imperative that we -- that we set aside any -- any dislike for asking questions so that we can get down to the reality of these issues and make them happen. MAYOR FINE: Well, and I think there are some alternatives to even the way -- I mean, even with the airport. You know, the airport, there are districts that could be set up as far as taxing goes, and that way all the money would come out of one pool instead of two pools. There's -- you could do the same thing with the library district. That would be a county-wide library district that everybody in the county would pay their fair share evenly. And I think there's -- there's ways we can handle a lot of these -- or not a lot of these, but some of these, where it -- there wouldn't be any question. You've got a board that -- this is where the money comes from; it's not your money or my money, City's money or the County's money. It's the library's money. COMMISSIONER WILLIAMS: Frankly, in terms of the library, that's a good approach. MAYOR FINE: And the same thing with the airport. Actually, it could be done the same way, to where it doesn't come down to us having to collect it and us -- I mean, there are easier ways to do some of this than the way 5-9-05 ~cc 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 we're doing it, and even with ownership of some of the properties -- I mean, you guys own the land under the Recycle Center; we own the building. But if we move, the building stays. And then I think Animal Control, we get credit on a sewer line that's run up there, but you guys do the service. I think maybe if we'd sit down and do some trading, we could -- we could clean up a lot of this stuff, where all of our books would be easier at the end of the year, and to get away from all these little, bitty nitpicking numbers that go back and forth. And I think there's a lot of clean-ups that could be done pretty easily. I mean, I'm -- I'm not a lawyer or a C.P.A., but some of it's relatively easy to figure out. JUDGE TINLEY: Your lawyer is wanting to say 15 something here. 16 ., 17 lawyer. 18 19 20 21 22 23 24 25 MR. BROWN: Well, not really. There's our JUDGE TINLEY: Well -- MR. BROWN: Ollie Brown. I brought with me today a copy of what we did two years ago when we had our last joint City/County joint program budget and everything. And, as Stephen has said, you know, there's a whole bunch -- a rash of information in here. And, for instance -- and I've talked to Commissioners Williams and Letz about this. Here is just -- all these pages are just on the 5-9-05 jcc 15 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 Butt-Holdsworth Memorial Library, and I guarantee you that every nickel and every dime that was spent and was proposed to be spent is set forth in these numerous pages. I have been confused over time when statements have been made that you didn't get any information. You got as much information as we got, and you got it, as Stephen says, at the same time we did. I think we -- if you gentlemen will recall, we did, as a result of that last meeting, come up with a -- a proposal to ask the City Manager to draft something up on the Airport Board and to do that, and ultimately that's what we were able to accomplish, I think, which I think is a very, very good thing. One of the things, Jonathan, is, here again, we've got the ethics -- or not the ethics, but the work ethics, if you will, of the two organizations. You're saying you want to talk to staff. I don't talk to staff. I've only got three employees as a Councilperson -- or the Council; Mike, the City Manager, and the judge. I mean, that's -- the municipal judge. If I want some information -- if we want some information, normally we go through and see the Manager or the Assistant City Manager, and that's the way the system works. But we do give -- we do provide a whole bunch of information, and I suggest that you contract the information that we -- the City had provided in terms of EMS, fire, all the other things. We 5-9-05 jcc 16 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 the information contained in this booklet on Animal Control which the County provided to the City. And I'm not trying to create an argument; I'm just trying to say we've got to recognize where we're coming from. And I -- I, for one, would think that it would be good to go back to a system of meeting on occasion, and -- but the point is, we can't give you the numbers before we get them, before they're generated. And you -- you get them at the same time we get them. And that whole purpose of that workshop was to allow people to ask any questions they wanted to, and at that point, we did have staff there and they were able to answer questions. COMMISSIONER LETZ: I have a question. And I think the library's a good example. I've never sat on the Library Board, so I'm asking this question. I don't know what the -- how -- we have a liaison to the Library Board. The answer we received back from the City numerous times is, "You have a liaison; you should know those things." Does that Library Board run the library totally? They do the budget? MR. BROWN: Absolutely not. COMMISSIONER WILLIAMS: Advisory board. COMMISSIONER LETZ: That's right. So -- okay, that's what I thought: So it's an advisory board, so how does the Commissioners Court, as a body -- `cause 5-9-05 jcc 17 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 we're -- I have no authority as an individual commissioner. How does the Commissioners Court get with the airport -- or the library manager to discuss, you know, what his long-range plans are? I mean, there's lots of things that cannot be reduced to numbers. MR. WAMPLER: Jonathan, I think what we're trying to say here is that we don't talk to the library -- we do not go to Antonio and talk to him about his long-range plans. We do have an opportunity to hear about his long-range plans at our budget workshop that we have midsummer, you know, August. So, we don't go to Antonio and sit down with him. It's not to say that we couldn't. I guess we could, but that's just really not how -- how it works. We talk to Ron, and -- and we go to those meetings and we listen to that. And that meeting, by the way, is an open meeting, so if a couple of commissioners wanted to come, they could come and sit in on that meeting to listen to see what our process is and our priorities are. Members of the public can come in and do that. COMMISSIONER LETZ: But that's the point. Ron talks to Antonio, but we don't get -- but we are the equivalent of Ron and you, and we don't get to talk to Antonio as a body. I mean, 'cause it takes five of us to -- I mean, I can't -- and that's where the -- that's where we don't get the information. s-9-os ~c~ 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 MR. BROWN: That's where we've got the difference in our -- in our whole makeup. MAYOR FINE: Right. MR. BROWN: And from the Constitution of the State of Texas -- which did a terrible job in establishing counties within the state of Texas, and I think everybody understands that. And -- and you and I aren't going to change it anytime soon. COMMISSIONER LETZ: Right. So, I guess what I'm saying is that, you know, is Council going to be comfortable with Commissioners Court meeting with Antonio? 'Cause I don't see any other way that we're going to understand the library. MAYOR FINE: Well, I think what David is saying is, actually, it should go through Ron. MR. WAMPLER: Well, it should go through the City Manager and/or Council, because at the end of the day, Antonio provides us with information and we make the decision. MAYOR FINE: But we don't -- MR. WAMPLER: Antonio's not making any decisions. MAYOR FINE: We don't get a budget every week from the library, either. COMMISSIONER LETZ: I understand that, but -- 5-9-05 jcc 19 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 wart to micromanage the library or any other entity, but I think when we get into the long-term direction, that decision is being made between -- MR. WAMPLER: That decision is being made by COMMISSIONER by the County and Council. have no way to get into the into that process. MR. WAMPLER: a liaison in the meetings. Council members. You have Manager. LETZ: Well, it should be made But it -- but we're not -- we process. We have no way to get Well, you guys have -- you have You have an ability to contact an ability to contact the City COMMISSIONER LETZ: We have a liaison that goes to the board, which are appointed as an advisory board. MAYOR FINE: And, actually, that Library Board probably gets more information than most of Council does. I guarantee you, they do. COMMISSIONER LETZ: But Ron is in the loop. Y'all keep leaving Ron out, and we are Ron. MR. BROWN: Well -- COMMISSIONER LETZ: That's where the problem comes in. MR. BROWN: Vis-a-vis the library advisory board, I've been on it since I`ve been on the Council, and 5-9-05 jcc 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 the point is that Antonio goes to every one of those meetings, and your -- your representative could ask any question he wants to ask. And if you want to post it and bring the whole -- whole Commissioners Court there, I see no reason why you couldn't. COMMISSIONER WILLIAMS: That sounds pretty good, but I've served on that board for about six years, and the reality of it is, that's not usually what happens. The report from the director -- and I'm kind of -- I'm really kind of sorry that we got on this as an individual issue, but it seems to have a -- we seem to be focused on it for a few minutes, anyhow. The report that comes down is pretty perfunctory, pretty casual, pretty superficial. And I don't recall ever, in six years, where the actual budget of the library was shared with the advisory board. MR. BROWN: That's correct. COMMISSIONER WILLIAMS: So the question is, how do you ask the question behind the numbers? That's the question. MAYOR FINE: But you're being given the same information we are, because we're not getting that report either. COMMISSIONER WILLIAMS: Maybe you should ask that question. MAYOR FINE: Well, we do at budget time when 5-9-05 jcc 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 it comes around. MR. WAMPLER: The numbers are right here in COMMISSIONER WILLIAMS: David -- MR. WAMPLER: You've been provided -- MAYOR FINE: I tell you what, instead of focusing on why it's broke, because it's been that way for a lot of years, why don't we try to figure out a way to fix it? And I think the way the airport was fixed, or that board, might be what needs to happen with the library. And even the same thing with funding, like I said a few minutes ago. Instead of your money and my money and arguing about this and that, why doesn't a library district be formed that's county-wide? The library was designed to serve the entire county. If satellite libraries are desired to be built, it would be handled through that board and that -- and that library tax. COMMISSIONER WILLIAMS: I think that concept has a lot of merit. MAYOR FINE: And I think that, you know, that would eliminate arguments at budget time, because that budget -- you know, you would -- you would report directly to whoever it is that's going to be running it, whether it's Antonio or -- it's going to be the same way if the City contracts it or the County contracts it and they become 5-9-05 cc 22 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 Antonio's boss. I mean, I don't think that's -- it would be the same way with -- you know, with the airport. I think the airport funding, that's another way to look at doing that, is setting up an airport district that does the same thing the library district does. At the end of the day, the taxes all come from the same place, the citizens, and it's just a matter of how they're going to be collected. And, actually, it would give the citizens more of a direct input into -- into each one of these. If they're more interested in doing improvements at the library, they could go directly to -- that Library Board would be the one that would levy that tax rate. MR. BROWN: Judge? MAYOR FINE: Not us or you, but them. COMMISSIONER WILLIAMS: I agree. MR. BROWN: There is a bill in the -- as I informed Commissioners Nicholson and Williams, there is a bill in the Legislature right now to authorize library districts for the first time in Texas. It's really aimed at Bexar County and -- and down there. The way that the bill is now written, it wouldn't accommodate us, I don't think, here in Kerr County, but perhaps if we -- if we got with our legislative delegation, it could be amended before it passed to satisfy problems that I'm sure would arise between here and Kerr County on that. And I think it's a great future 5-9-05 ~cc 23 1 ""' 2 3 4 5 6 7 8 9 ZO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 possibility, given the marriage that was foisted upon both the City and the County years ago by the Butt -- by Mr. Butt. JUDGE TINLEY: Well, of course, if -- of course, any -- any library district that may be authorized and would be self-supporting would have to be approved by referendum, certainly for taxing powers. MR. BROWN: Sure. JUDGE TINLEY: To be self-supporting. But -- and that may be a real possibility and an option that we want to look at. But I think right now, we've got things that are more critical from a time standpoint in front of us, and if -- if we're here to try and determine a process, number one, I -- I found -- I found this very helpful, extremely helpful, to -- to try and find out what I needed to know. Certainly, there were additional questions that I had, and I asked a lot of additional questions when we had our joint workshop. But if -- if our purpose here today is to find a process by which we're going to go forward in order to try and find a resolution to these various joint functions and operations, you know, we made a proposal -- or the Court directed me to make a proposal back in early March. I made that proposal on how to proceed, and for some reason, that was something that did not seem appropriate to Council. What -- what process do you -- 5-9-05 jcc 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 (Discussion off the record.) MAYOR FINE: I think it was felt that we've already got -- or have committees in place. There's already an Airport Board. Now, the Library Board may not be the animal that we want. And Animal Control, I don't think there's ever been any argument on the City's part as far as how y'aIl have handled that or the price. We felt we've gotten a fair service for a fair price. The Recycling Center, there again, that's something we talked about. We can eliminate -- I mean, that thing is open to all county residents at the same time it's open to everybody in the city. And I think there's some ways we could make life easier; like I said, doing a property swap or purchase or whatever on that. And the same thing with Animal Control. You know, seems to me it all comes down to EMS and fire. JUDGE TINLEY: Am I hearing from you that basically what you're proposing as a process is that once you get all of your numbers together on your various functions that you perform, we'll have another joint session with a compilation suctl as this that we've had in past years, and see what -- how we can go forward on that basis? Is that what I'm hearing? MAYOR FINE: If that's what we need to do, we can do that. But I think it's also prudent on the part of the -- particularly Commissioners Court, if you have a 5-9-05 jcc 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 question ahead of time that you're not clear on as you're reading it, you can always call the Assistant City Manager. I don't think there's anything in the document that says, if you need a clarification while you're reading it, that you couldn't have called. That might have helped before we got to the meeting. Like I said, that's what I've done, and I'm sure other members of the Council have done it. And I think that's one of the complaints, that you feel like you haven't been able to do that or haven't felt comfortable doing that. I don't think there'd be a problem on that at all. Speaking of the City Manager, I should have done this earlier. This is Don Davis; he's going to be our Interim Assistant City Manager. I don't know if y'all have had the opportunity to meet him. Don's going to be filling in -- or not filling in for Ron; taking Ron's place. So, I'm sorry to throw this in real quick, but I made a note here to do it, and didn't make it. But I think, you know, y'all should feel free to call -- like I said, it would be Don, you know, to find out the answers to those questions before going into the meeting, and it might make the meeting more efficient. If there's something that you see in there that just glares at you, we could -- we could have the answer before we even get there. And the way we handle that on City Council is, if anyone calls Ron or e-mails Ron or Mike, the response 5-9-05 jcc 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 to that question, along with the question, is e-mailed to all five of us so we know what question was asked and what the answer was. And that's the way it's been handled for -- well, since Ron's been here. It keeps us all abreast as to what questions are being asked, and maybe we've had the same question and just hadn't asked it yet, but it gives us the opportunity to see, you know, what -- what questions or concerns are going on out there, and how they're being handled. So, that may be a process that might work best here also. And I don't know legally if we can -- you guys can do that or not with regards to information dispersing or something. I don't know if you guys are under the same rules we are. JUDGE TINLEY: Well, I think each of us could individually ask whatever -- MAYOR JUDGE whatever concerns we that is, disseminate the other members of difficult -- FINE: Right. TINLEY: -- questions or express have, and then, depending upon what the questions and/or the responses to the Court. I don't think that's a MAYOR FINE: Ron does that for us. I mean, that's just the process in keeping us all abreast of who's -- I mean, what's going on and what questions are being asked. Most of the time, we've all got the same 5-9-05 jcc 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 questions. And lots of -- you know, we -- maybe I just haven't had time to sit down and type the e-mail yet. You open it up, there's the answer to your question. But, I mean, that's totally up to you. If you want to do it dividually, I have no problem. I don't necessarily want to read every question everybody has, either. But -- COMMISSIONER LETZ: The question I have -- let me make sure I understand what you were saying. And airport, I think everyone agrees, is operating fine right now. We've got -- it's pretty much being run by the board with input from the two owners. Animal Control and Recycling are kind of similar animals, in that they're kind of joint-owned facilities. You're looking at -- a good idea for tkiose two would be to clean those up, make the County own one or both and City own one or both, and quit having this joint ownership of the property. MAYOR FINE: Just clean it up. COMMISSIONER LETZ: Have one operate it and then do an interlocal agreement with the other. MAYOR FINE: Pretty much. COMMISSIONER LETZ: Okay. Library, we're talking about primarily, I guess, enhancing the authority of the Library Board. MAYOR FINE: I think making it similar to 5-9-05 jcc 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 COMMISSIONER LETZ: Yeah. I mean, do it -- MR. BROWN: That's a long-range deal. COMMISSIONER LETZ: Right. You have to -- but -- well, it certainly won't be done this budget year, but it could be done by next budget year, but more like we're running the airport. I think we have -- probably have the ability to do it. I don't know why you couldn't run it that way, without having to go to both legal staffs to look at that. COMMISSIONER WILLIAMS: The taxing aspect, that's going to take a little longer. COMMISSIONER LETZ: Well, that -- even without the taxing aspect, I think you could be -- you know, the financial -- it could be run the same way as the airport, is that the financial decisions have to go back to the two owners. You could do that. And then EMS and fire, clearly, that's something that the County doesn't really -- can't even get into. It's something that the City has to do, and we have to look at, you know, coming into an interlocal agreement on that one that we're both happy with, or the County can try something else if we can't come to an agreement. So, that's kind of -- the EMS and fire, it`s kind of like the library. We really need to sit down and do a new way to operate. MAYOR FINE: Well, it's not like the library. 5-9-05 jcc 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 29 We own the library together. COMMISSIONER LETZ: Right. MAYOR FINE: And the other way -- I think, you know, the way I look at it is the County needs to let us know what level of service is desired. COMMISSIONER LETZ: Okay. MAYOR FINE: I mean, if service -- if enhanced service is desired. If you guys want an ambulance station full-time and staffed out in Hunt, we can do that. COMMISSIONER LETZ: Right. MAYOR FINE: But, you know, the cost is going to have to reflect how that's going to happen. And the same thing with Center Point. And that's -- that's, I think, a lot of where we were in the past, is some of this hasn't been clearly defined. We've got a contract that's been just renewed and renewed and renewed and renewed, and it's to the point now where we need to sit down and actually explain things or have things defined a little bit better. And that way, if the County is not happy with the price the City has, they have an opportunity to go somewhere else, if that's what we want to do. COMMISSIONER LETZ: I think the other point that just -- MAYOR FINE: We don't want that to happen. COMMISSIONER LETZ: Sure, I understand. 5-9-05 jcc 30 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 MAYOR FINE: That's not what we're trying -- we're not trying to run you guys off. We're not trying to gouge anybody, and we're not making any profit. I guarantee you, we're not making a profit. COMMISSIONER LETZ: One of the things that -- I mean, this is more for the people in the audience; I think everyone at the table understands this, that there are contracts for all of these. The problem is, the contracts have not been renegotiated for, in most cases, over 10 years, and during that 10-year period, a lot has changed. So -- and that -- and I think the friction between the Council and the -- the Commissioners Court started with, you know, changes wanting to be made outside the contract. And the Commissioners Court pretty much -- the City operates more than we do. So, pretty much, there are contracts, and we're getting this year to the point that those contracts are being negotiated, which is needed, but I think that's a -- you know, for the future, it's a very bad policy, in my mind, just to have an automatic renewal on these contracts, because that's what created the problem we got to today. And the things have gotten to the point that it was -- all of a sudden, the City says, "Whoa, time out. We're paying way too much on this, and this wasn't the intent." But no one renegotiated the contract that was in place many, many years ago, and I think that's a mistake. And on the 5-9-05 jcc 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 airport, we put that it's -- it's automatically renewed for a while, but then there has to be more of a discussion at a certain point. COMMISSIONER WILLIAMS: I think after five years, we have to take a look. COMMISSIONER LETZ: Yeah, five years, look at the government side of that. I think that should be included in all these contracts, 'cause I think that is what's happened. COMMISSIONER WILLIAMS: I'd like to go back to something Stephen -- Mayor -- said. I want to congratulate Dave for coming in here -- it's a timed entrance. He came in right after the library discussion was over, and he's now -- he's now the representative -- COMMISSIONER NICHOLSON: I was just standing at the doorway. COMMISSIONER WILLIAMS: -- County's representative to the library. But some of the points you made, I think, are valid, and for another reason. As we all know, the Friends of the Library have engaged themselves, and I believe have funded a study to determine the scope of the library as we move forward. Everybody acknowledges that it's maxed out in terms of its current facility. So, you know, once that study is completed, those folks who have a real vested interest in the library, as do the rest of us, 5-9-05 ~cc 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 are going to be looking to these two governing bodies to determine how to move forward, and so I think that's another reason why the initiative that yoU threw out on the table makes a lot of sense, because when that happens and the library is expanded, that's going to change the dynamics of each of our relationships in terms of the number of dollars that are going to be required to support it. And so, you know, I think that it behooves us to really perhaps put together a task force on that -- on that topic and see what -- what's necessary to change the whole role, similar to what we did with the library -- I mean with the airport. MR. BROWN: As you know, Bill, there's a lot of unscrambling of eggs got to take place -- COMMISSIONER WILLIAMS: Sure. MR. BROWN: -- in connection with all that, on account of the history center and the genealogy center and the building in between. COMMISSIONER WILLIAMS: Absolutely. MR. BROWN: All of that sort of thing, which is -- the County has had no financial involvement in up to this point. COMMISSIONER WILLIAMS: I understand, and that's all part of the things that have to get addressed. MAYOR FINE: Well, something Ollie mentioned a while ago about pending legislation, I don't know how many 5-9-05 jcc 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 days we have left to try to get something in there, but it would be worth talking to our senator and representative to see if the changes could be made. COMMISSIONER WILLIAMS: Mm-hmm. MAYOR FINE: Even if we don't do it, it would -- if we don't contact them, it's going to be two years before we can even think about doing it. COMMISSIONER WILLIAMS: No, I think it's well worth the effort. We ought to -- MAYOR FINE: It's worth the effort to go ahead and try to -- COMMISSIONER WILLIAMS: Representative Hilderbran and -- MAYOR FINE: -- make an option available to us if it does come down the road, because that, to me, makes more sense than anything with that board. If the board or citizens want to add onto it, it may be in a year where the City's not in a position to go an extra $100,000 or $200,000 into that fund, or the County may not be in that position to do that, or the Commissioners or Council members don't desire to do that. And I think if you had a board that operated independently that ran the thing, I think that would be more efficient with that particular animal. MR. BROWN: Commissioner Letz is correct, you know; no way we can do that right away. But, actually, 5-9-05 jcc 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 Jonathan, it's probably a little bit longer than that, because it may require a constitutional amendment, so what I'm looking at is the possibility of three or four years of having that authority. But it's apparently a doable thing, because apparently people from Bexar County have got it loaded and locked for the concept of a library -- library district. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: I don't know about it requiring a constitutional amendment, but it certainly requires legislation. MR. BROWN: There are people that -- COMMISSIONER BALDWIN: And this -- MR. BROWN: -- that indicate that, but they COMMISSIONER BALDWIN: This session's over, I can tell you. But -- and it would be two years. So, you're looking at two years, three years before you could implement something like that. JUDGE TINLEY: If that bill is not yet passed, be an amendment attached to it to include -- it's limited in Bexar County -- to include other counties. COMMISSIONER BALDWIN: You can try. JUDGE TINLEY: At least we can get the authorization. I realize -- 5-9-05 jcc 35 1 l" 2 3 4 5 6 7 8 9 10 11 12 ^ 13 14 15 16 17 18 19 20 21 22 23 ""~ 2 4 25 MAYOR FINE: It's worth sending a letter of support from -- COMMISSIONER BALDWIN: Sure. MAYOR FINE: -- the Council and the Commissioners Court. Be worth it. JUDGE TINLEY: We're very, very late in the game to get that done. MAYOR FINE: Yeah. MR. SMITH: I'd like to make a few statements. I'm Gene Smith. I think we need to go back to the -- the basic laws that establish the -- these services, and -- and are there state laws that say this is the boundary between the City and the County, and this is this way and this is this way. I think we need to go back and understand -- and, you know, I'm an amateur politician. You guys on the Commissioners Court are professionals, but the City Council are really amateur guys, and we come and go, and -- and a lot of us really don't understand. And I'll -- you know, I'll say I don't understand the relationships and the laws associated with where the County stands and where the City stands and where the city limits is. What -- because the people in the city, I'm pretty sure they pay the same county taxes as the people in the county. So, when you say something is 50/50, well, the City does this and the County does that. Well, some of my dollars pay for the -- 5-9-05 jcc 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 pay for the county stuff. And, you know, instead of arguing about all this, what I'd like -- like to know, are there any laws that establish a relationship between the cities and counties in this -- in this state? And if there are, are we abiding by those? And then, these goods and services that we provide, how much of them are required by law and how much of them are required because of -- that, being good governments, we want to provide these things, like the emergency service? As I understand, that's not required by law, but it -- it's a burden on -- on all the people here, and we ought to -- we ought to have some way that it's -- that it's handled in a fair and equitable manner. Like the library; I've heard somebody say, "Well, the County says that's a city library," and all that stuff. Well, I think we need to forget all this, "Is it county or city?" It's for the people of this area. And -- but I know the city people pay more than 50 percent of -- of the cost of that. Which is okay. Because I keep mentioning the jail, and everybody says, "Well, you know, the City only pays this much, because that's state law." Well, it seems like the County is paying more than their fair share of the jail. And I don't know how many of these other things are -- are inequitable, but I think what we need to do -- you know, if it was me doing it, I'd go through the City's money and 5-9-G5 jcc 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 allocate it to each of these things, and the County money and allocate it, and you could see how much of the city money goes towards the library and how much of the county does, or the airport or the jail and so forth. There's -- there ''s probably inequities on both sides, and I'd hate to say, "Well, y'all are a bunch of -- you're not paying your fair share," and then forget the fact that maybe in another instance, I might not be paying my fair share. I don't know the answer to these things, but you have to be fair between the two governments, and you have -- and we both have to be fair to the citizens. So, that's -- I'd like -- you know, I don't know if there's any state -- any laws that that's set up, you know, where a street stops and that's paid for by the City, and the street goes out in the county and so forth. It seems like that -- that at least me -- maybe I'm the only guy that doesn't understand it, but it seems like you ought to have an understanding of the complete relationship between the City and County in everything, and then worry about the -- the eight or nine or ten little things that we're involved with. But if you could take the revenue coming in on the -- whatever it is, 5.9 for the city and whatever the county is, and allocate it to each of these things, you could see what's equitable and what isn't, at least in my opinion. It would -- so that's my two cent's 5-9-05 jcc 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 38 worth. And I'll -- COMMISSIONER LETZ: If I can make a quick follow-up, one, Gene brought up the jail. And the jail, I mean, a lot of it is -- that is governed by state law, a lot of that. But the City does pay. They pay for, you know, part of the bookings early on. I mean, the -- I don't know, and -- but I don't know if there's an actual interlocal agreement for that, and there should be. MAYOR FINE: I don't think there is. COMMISSIONER LETZ: There should be, and that should be brought up on the table, too, as to what that is, because that's another -- that is a joint -- and the City does pay some, but certainly, the County pays by far more. But -- and it's done under state law, primarily, but that's another interlocal agreement that probably does need to be looked at. MR. SMITH: That's why it's important to know what the state law is in each of these things. MR. WAMPLER: Rusty, can I ask a question, just while we're talking about the jail? The state law says that we pay you until a prisoner's magistrated, up to that point only; is that correct? SHERIFF HIERHOLZER: Yes, unless he's a -- and I was just looking at Erath County's agreement, okay, that they had, 'cause we hadn't had one. If it's filed in 5-9-05 jcc 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 39 municipal court -- and Erath County's agreement with Stephenville is $50 a day for all those that are filed in municipal court, okay, whether it's state or not. But my understanding is that most of the state law, until they're magistrated, as long as it's on a state offense, okay, then they are -- after magistration, they become the County's responsibility. Before magistration, they're the City's responsibility. MR. WAMPLER: But am I correct, with the City -- even though the state requirement is only until they're magistrated, the City pays for them during -- for the length of their stay, even beyond the time they're magistrated? SHERIFF HIERHOLZER: The City pays actually until they're magistrated, because if it's a city offense like that, then we release it on P.R. bond automatically. And then some of those, we have been charging -- I think it's $37 a day compared to their contract while they're serving out some of these city fines, if that's all they've got. Now, if they've got a county court case and a city court case, City doesn't get charged for them. County Court pays for those. And -- COMMISSIONER LETZ: But in the amount that we're charging right now, it's -- it's done on a per die.n basis. We charge for housing prisoners, but in reality, if 5-9-05 jcc 40 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 really look at it, the up-front cost of booking a prisoner is lost in this, and there's no reimbursement to the County for booking this prisoner, which is before magistration. So, I mean, there's -- and, you know, that's what Rusty and I were talking about. I'm liaison to the jail, so I visit with Rusty a lot on all these issues, trying to make sure that we're balanced. And so there probably is an inequity in the jail that's, you know, allowed under -- I mean, and that's why it probably needs to be looked at, 'cause I think that, you know, the goal that I think both bodies are striving for is to try to be as fair as possible and be equal. I mean, we don't want one side trying to subsidize the other. MAYOR FINE: Gene, to answer some of your questions, there are state laws on different ones. I mean, like the landfill has to be provided, or trash service has to be provided. In this case, the City currently owns it. Seems like somewhere back in the history, the County may have owned part of it; I have no idea. Some of these ownerships, like on the airport, have gone back and forth over the years. But if the -- if the City did not open the landfill to the county, the County would have to provide for trash service. But we work with them, and have for years, and that's the way it should be. Just like the Recycle Center; you don't have to have a recycle center, but it's in 5-9-05 jcc 41 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 everybody's best interests to have one. Some of these -- fire and EMS, you know, if -- if you guys didn't contract with us, you'd have to contract with somebody, wouldn't you? Is it the County's responsibility to provide EMS service at all? COMMISSIONER BALDWIN: No. MAYOR FINE: Okay. See, some of those, it's just being done because, like you said, it's a service to the people. It's not required, but it is necessary. And I think, you know, the State over the years has figured there is a level of common sense in government, where they know these things are needed, but they're not going to force you. 'Cause I think it's a no-brainer that you'd have to have fire protection, EMS protection. MR. SMITH: Yeah, I understand -- Gene Smith. I understand that. But I was trying to -- to separate what's required by law. And if it's required by law that the law says that it has to be this way, well, then there's no point in further discussions on that. But if it's -- if it's just a -- I don't know. I doubt if the library is required to be -- be furnished. MAYOR FINE: I would not think so, but, like, animal control is. If we didn't contract with the County, we'd have to stand our own back up. COMMISSIONER BALDWIN: Gene, I've always 5-9-05 jcc 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '°' 2 4 25 wanted to take a look at and lay on the table the things that the Constitution requires us to do. You know, and that's, like, police protection, fire protection, roads to drive on. MR. SMITH: Yeah. COMMISSIONER BALDWIN: Those things. And then start taking a look at all the things we, through the years, have piled on the taxpayers of -- of this county. And I think we would be amazed. I'm going to get that done before I leave here, so I'd better get in a hurry. MAYOR FINE: Buster, you're not going anywhere. COMMISSIONER BALDWIN: I'm a new kid on the block here. But I just think that would be amazing, and I think that that's kind of what you're talking about. You know, what does the Constitution require you guys to do, and what have you added on? MR. SMITH: Yeah. COMMISSIONER BALDWIN: embarrassed at what we've added on to MR. BROWN: Yeah. But that, beyond the Constitution, is all the Legislature that we all gripe abo COMMISSIONER BALDWIN: too much money. I think we would be the taxpayers. what we've also had is those mandates from ut. That's fine. We spend 5-9-05 jcc 43 1 2 3 4 5 6 7 8 9 10 11 12 '~' 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Indigent health care, indigent defense. MR. BROWN: What I'm saying is that it gets in the Constitution, as you know. MAYOR FINE: Well, you guys have a lot of things added on you that we don't. I acknowledge that. A lot of things you guys have to take care of that are not in our scope. And, like Mr. Brown said earlier, the animal of the county government is not a pleasant thing to have to deal with, and some of the things you guys have to deal with, I'm glad we have a staff that deals with what we -- what we do have to deal with. But getting back to these items here, it's the County's desire, then, to have something similar to this put together and sit back down and go through on our joint projects? JUDGE TINLEY: Personally, I would -- MAYOR FINE: Okay. JUDGE TINLEY: I would like to have that. MAYOR FINE: And then -- JUDGE MAYOR City's desire to let want, and give us an give a price that we instead of -- 'cause TINLEY: I find it very, very helpful. FINE: -- the EMS, I believe it's the us know what level of service y'all opportunity to basically bid on that or think we can provide that service for, it -- that is not truly a joint 5-9-05 jcc 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 44 project. I mean, we're a contractor. And I think it's in our best interests of the City to provide -- this is what it's going to cost us to do -- to provide the level of service y'all want. And if you want -- if you want an ambulance in Hunt, we'll -- we'll bid on putting an ambulance in Hunt, manage that thing 24 hours a day. COMMISSIONER BALDWIN: Stephen, Mr. Wampler and I met yesterday -- MAYOR FINE: Right. COMMISSIONER BALDWIN: -- over the issue, and I will take it to the Commissioners Court, and we will come out of Commissioners Court with something to present to you. MAYOR FINE: Okay. COMMISSIONER BALDWIN: Very soon. MAYOR FINE: And I would like to take a look and get with the Court, maybe at that meeting, on looking a little more in-depth at doing something with the Animal Control, the property, the facility, and along with the Community Recycle Center. I just think cleaning up some of this stuff would be a very simple thing to do, and I think it would be in our best interests to do that, and probably y'all's. COMMISSIONER LETZ: That's probably next budget -- I mean, after the budget. MAYOR FINE: Well, yeah, that's fine. But I 5-9-05 jcc 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 just think it's something that we do need to take another look at, or take a -- a deeper look into, and -- and -- 'cause I don't think it's something that would affect either one of our budgets greatly in doing some swapping there. COMMISSIONER LETZ: I think it's -- I would recommend, really, the Commissioners Court and Council put together a committee to do that, to look at those two things. Otherwise, it's going to end up this time next year, and we're going to -- MAYOR FINE: Be talking about it again. COMMISSIONER LETZ: And we don't have the committee to start moving it forward. 'Cause the airport was an example; it took months and months to get that agreement, and so those two are similar. You know, the facilities aren't similar, but the situations are similar. MAYOR FINE: This will be more of a horse trade than a -- COMMISSIONER LETZ: Right, trading back and forth, figuring out who owns what, what the values are, and then figuring out how to, you know -- MAYOR FINE: Yeah. That may be something that would be easier to handle after budget; you're right. MR. SMITH: Gene Smith again. One of the things that I hear conflict, you're not getting timely information for things. Well, that seems like it should be 5-9-OS jcc 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 something that should be resolved without any problems. You say you -- I don't know when you have to do your budget or when we have to do our budget, but it -- it seems like we ought to work hand-in-glove on getting the information back and forth in a timely manner. COMMISSIONER LETZ: I think the -- I guess the -- going back to the information thing, I guess the only thing that we can hopefully ask you all to do, from my standpoint, is to direct the City Manager that -- and Dave's liaison to the library; you know, that they take the time, and I'm sure they will, but to meet with Antonio, and a little bit ahead of the budget book being prepared, so we have a little more input and more understanding, and then we can get back -- you know, that way -- because, as I said earlier, the difference is that we are the city manager and the elected official, so we don't have that staff. So the City Manager has to be brought into the formula, from our standpoint, on the budget process. COMMISSIONER WILLIAMS: We're at the same point, Mayor Fine, as you are in terms of developing what needs to be developed prior to really getting down and prioritizing our budget. We've just put our first wave of documents out to elected officials and department heads, and we haven't gotten those back, so our process, like yours, is just getting under way. 5-9-05 jcc 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 47 MAYOR FINE: Right. COMMISSIONER WILLIAMS: You know, we skipped our face-to-face meeting last year, and so my memory is a little foggy on what we did the prior year, but my point is -- oh, I know we had the book, but whatever number of meetings it takes to make us all understand -- I know we don't like booking extra meetings just for the sake of booking them, but if it takes a meeting to see the book, have your staff step us through it, and another meeting to ask the questions, and whatever it takes to get us to the point of making a -- resolving the issues, I think, is beneficial. COMMISSIONER BALDWIN: Hear, hear. MAYOR FINE: Well, I think there's opportunities for questions to be answered outside of all 10 of us sitting down, too, and that's what I was trying to say earlier. In my opinion, and the way Council's handled things, you know, you're free to ask questions at any time. I guess I'm saying the same thing. If y'all have -- if you have some questions ahead of time, there's something that just jumps out and glares at you, you can ask it before we all sit down. I mean, I don't have a problem with that. Do you have a problem with it, Don? Do you have a problem with that? And I think that's kind of where I'm coming from. If there's something that's really biting at you ahead of time, 5-9-05 jcc 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 48 we may be able to get an answer for it before we all sit down for a meeting. And if there's something that you need help understanding, or I need help understanding, let's get it before we get into the meeting, and maybe the -- the meeting can move along faster, be more productive than having to go down and argue about some little bitty point in there, when maybe it could have been handled earlier easier. It may be something you understand that I don't, and may be something I understand that you don't when I'm reading it. So -- and I think it would make the process work a lot better. And while all of us have lives filled with meetings, I think we'd like to minimize those, if at all possible. COMMISSIONER WILLIAMS: I agree. MAYOR FINE: And it was hard enough scheduling this where all 10 of us could be here. I can't imagine trying to do it on a weekly or biweekly or even a monthly basis. COMMISSIONER WILLIAMS: I'm not suggesting that. MAYOR FINE: I know, but I'm just saying, even a monthly basis would be not -- not an easy task. MR. SMITH: Gene Smith. Mr. Davis has experience. He's a very experienced guy. He's been a lot -- at a lot of places, and he might be able to bring his 5-9-05 jcc 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 experience to -- to be used to our advantage here somehow or other. So -- MS. DAMS: That's just another way of saying that I'm old, I think, isn't it? MR. SMITH: Well, there's nothing wrong with being old. (Laughter.) JUDGE TINLEY: I gather that we've reached a consensus as to how we're going to proceed forward from here on trying to work on these issues? MS. DAMS: Judge, may I ask a question? JUDGE TINLEY: Certainly, Mr. Davis. MS. DAMS: Don Davis. Let me make a couple of comments, I guess, and -- but mainly, I'm wanting some clarification here. There may be an advantage with me being new and totally and completely ignorant about the history of most of these things, in that I can perhaps add some objectivity. According to my notes and what little I know, there -- there -- aside from the task force grant, there are about eight services that are jointly participated in by the two -- the two bodies, including the airport, which is really kind of off the table now. That's, as I understand it, been pretty well resolved. So, that leaves seven, and three of those are managed or operated by the County, that being the tax collection, animal control, and the jail. The other four, then, are being managed and operated by the 5-9-05 jcc 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 50 City. What I'm hearing, I think, is that we -- we take those programs that we are administering, and kind of look at them from a proprietary standpoint, and say that, "Here's what it costs to do this," where we can come up with some common units or whatever the costing configuration is. But then offer that to the other agency as -- you know, we're the proprietor; here's what the cost of the service is, and here's what it's going to cost you to take advantage of it. And if that is the procedure I'm kind of hearing we want to follow, then we'll -- we'll certainly do that. And on behalf of the staff, we'll continue, if it's the pleasure of the two bodies, to prepare these things. The other thing I -- I'd like to ask is that I will make myself available to the Commissioners, as well as the Council, to answer any of the questions concerning the information that you're given. I think that -- that, as Mayor Fine or somebody mentioned, that if we can do that ahead of these joint meetings, we can certainly be more -- more time-productive, I think. I would like, however, for the questions to come through my office, as opposed to going directly to some of the department heads or others. I think we need to be mindful that they've all got jobs they're trying to do, and probably don't need interference from any of us. So, we'll make -- I'll make myself available, as much time as y'all need on an individual basis, to make sure 5-9-05 jcc 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '^' 2 4 25 everybody understands the numbers. JUDGE TINLEY: That was the understanding I had, Mr. Davis, that if -- if we had any questions ahead of time, we can submit those to you. You, then, would run with it from that point to try and find the answers for us, and then, when we have our meeting, if there are additional questions, why, we can raise those and hopefully get answers there. But to the extent we have them ahead of time, it would be helpful and efficient from a time standpoint -- MS. DAVIS: Absolutely. JUDGE TINLEY: -- to do that up front. MS. DAVIS: Be happy to. Thank you, Mayor. MAYOR FINE: Well, and I think, for clarification reasons, I mean, just like the tax collection, animal control, and jail, we contract with you guys. That's not -- to me, that's not joint projects. We don't have any management in that. You guys are providing a service; we're paying for that service, period. It's not something we can walk into the jail and tell Rusty what's he's doing wrong, because we don't have that ownership and participation there, and I think it's the same thing for us with EMS and fire. We're providing a service. That is not a joint service. And -- and it doesn't mean you don't have the right to know how we got our numbers or how we came about those numbers, but I think the -- the point is, just like 5-9-05 jcc 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 "~ 2 4 25 with the services you provide and the services we provide, they're numbers based upon what we have to have to provide that, you know, so we at least break even on what we're providing, just like y'all would do with tax collection, animal control. You know, these aren't -- we're not in the profit-making business. You know, we -- we do our best to keep it where we can provide the service on a break-even basis. I don't think anyone's trying to gouge the taxpayers for extra money to go into some pot somewhere. Not that there aren't funds that have to be established for replacing equipment and that type of thing, which are necessary in all of these. COMMISSIONER LETZ: And the desire is to get Recycling and Animal Control into that contractor relationship. MAYOR FINE: Right. COMMISSIONER LETZ: So that every -- all of MAYOR FINE: I think the library also needs to get more along the lines of the airport. Like we said, I think we can clean up a lot of animosities by getting everything reduced to paper, and it would get the personalities out of it and probably make it a lot more efficient. MR. WAMPLER: I think if we can do that, that 5-9-OS jcc 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 53 would resolve your concerns about your role as a manager in trying to understand where Antonio and the rest of the staff or Council -- and I didn't mean to -- you know, your point's well-taken that the County needs to have some -- some say in the management, but the fact is -- is that we're managing it. We're managing the library for the relationship. And, no doubt, the County needs to have some input in there. So, the extent that we need to change that and move it in the -- in the direction of the airport, I think, is -- is a good idea. It's just -- I'm trying to -- want to clarify or get you to clarify for me what your -- in the interim, what your goal is with regard to information. Because, again, we don't go directly to Antonio and say we want to talk to him about his hopes and dreams for the library. That's kind of synthesized through the budget process and through the Council. We entreat everybody to kind of set priorities, and that's how we do those things. So, if there's some way that we could facilitate your input into the future of the library, at least for the next budget year, we'd be happy to do that until we can get it realigned along the lines of the airport. COMMISSIONER LETZ: Well, I think we go through the City Manager. I think the -- MR. WAMPLER: That's what we do. Because, you know, we don't, as a general rule, contact individual 5-9-05 jcc 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 department heads, because as Don said, you -- I mean, we've kind of discharged their marching orders and their goals and priorities for the year way in advance, and it's up to Don and the City Manager to make sure that they're doing those things. COMMISSIONER NICHOLSON: Jon, I think the library contract spells out that process. It says that the -- a representative of the Commissioners Court and the library director will submit a budget to both bodies before July 1. It says they will meet and then submit a budget, so that's what needs to be done very soon. COMMISSIONER LETZ: But, I mean, the library -- I mean, you sit on that board, not me. But I would think that the -- I don't know -- that the way it should work is that the City Manager, you, and Antonio should sit down soon and figure out where we're going, and so that Antonio is aware of limitations that -- you know, the County's very much aware that we're going to have a very tight budget this year, and that input needs to get into the process to every department early, early on, because, you know, we put in a tax freeze and we have some other things that may be coming out in the Legislature that, you know, we're going to have a very hard time funding anything that isn't absolutely necessary this year. And that's the kind of information that needs to get to Antonio. It's like -- 5-9-05 jcc 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 you know, and I don't -- by "absolutely necessary," I don't mean things that are wish list. I'm talking about replacing equipment. I mean, Road and Bridge is a good example. We spend a great deal of money on equipment. I don't see us being able to do anything out there hardly this year. I think we're going to have -- they're going to have to fix those dump trucks one more year rather than getting anything new. And so that's the kind of input, I think, and that's how it needs to work, I think, the format outline. Working with the City Manager should work. JUDGE TINLEY: Anything else, Mr. Mayor? MAYOR FINE: I don't have anything, unless Council have any -- okay. JUDGE TINLEY: Any of Court have anything you wish to -- COMMISSIONER BALDWIN: just want to say that we have coffee leave one in here. So, everybody do trying to come together and be one h your part. you gentlemen on the Before we leave, I and doughnuts. Do not their part. We're ere. (Laughter.) So do COMMISSIONER WILLIAMS: Over a doughnut. COMMISSIONER BALDWIN: Over a doughnut. JUDGE TINLEY: Appreciate your -- appreciate your being here and working with us on this. MAYOR FINE: I'm glad we're able to meet. 5-9-05 jcc 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 BALDWIN: Thank you, guys. JUDGE TINLEY: We'll stand adjourned. (Joint meeting adjourned at 9:08 a.m.) STATE OF TEXAS 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 10th day of May, 2005. JANNETT PIEPER, Kerr County Clerk BY : __ __ 1~~Gv~G _______ _ Kathy ik, Deputy County Clerk Certified Shorthand Reporter 5-9-05 jcc