1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, September 19, 2005 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: 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 (~ v _ z 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 E~ 19 20 21 22 23 24 25 I N D E X September 19, 2005 PAGE 1.1 Consider, discuss, and take appropriate action on the Library Contract between City of Kerrville and Kerr County 3 1.2 Consider, discuss, and take appropriate action on the Animal Control Contract between City of Kerrville and Kerr County 33 1.3 Consider, discuss, and take appropriate action on the Revision of Plat for Mosty Pecan Grove, Vol. 7, Page 295, Fct. 2 35 1.9 Consider, discuss, and take appropriate action on procedures for the payinq and reporting of costs or charges incurred or expenditures involving penalties, fees, interest or other costs associated with late payment or other administrative system failures 36 1.5 Consider, discuss, and take appropriate action on authorizing Kerrville Area Chamber of Commerce to coordinate Kerr County Sesquicentennial (150th) Celebration in combination and consultation with Kerr County Commissioners Court, Kerr County Historical Commission, and representatives of the several cities and towns within the county 38 1.6 EBA Litigation (Executive Session) 39 10:00 a.m. Public Hearing on proposed FY 2005/2006 Tax Rate for Kerr County 40 --- Adjourned 49 3 1 2 3 9 5 6 7 8 9 10 11 1^_ 13 14 15 16 17 1R 19 20 21 22 23 24 25 On Monday, September 19, 2005, at 9:00 a.m., a special 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: Good morning, ladies and gentlemen. Let me call to order this special meeting of the Kerr County Commissioners Court scheduled for this date and time, Monday, September the 19th, 2005, at 9 a.m. The first item on the agenda is to consider, discuss, and take appropriate action on the library contract between the City of Kerrville and Kerr County. Commissioner 4? COMMISSIONER NICHOLSON: Each of you have a final, I think, contract for the library contract. The City Attorney and the County Attorney and myself and -- and the City Manager have met twice now, and we've got a contract that we recommend that you approve and sign, and I'll just briefly tell you a few -- what I think are minor changes that we discussed in our earlier meeting. Under Item 4, the board will consist of City Council member, Commissioners Court member, two members appointed by Kerr County, two members who shall be residents of the city and be appointed by the City Council, and one board member shall be a member of the Friends of the Library and appointed by that group. So, we'll have a seven-person board with terms on a ~-i~ ns 4 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staggered basis, and they'll be representing the two government entities. On Part 8, I don't think that's a change. I just want to confirm that the -- the duty of the Library Board will be to present a proposed operational expense budget to the two entities each year by July 30. And I'm hoping that next year that'll help us with -- to avoid some of the difficulties we've seen this year. COMMISSIONER LETZ: Commissioner, before we leave that point, the -- I think July 30 is the date we have in some other contracts too, but I really -- I know the airport's July 30th. I think that's too late. COMMISSIONER BALDWIN: I do too. COMMISSIONER LETZ: I really think that we need to move all of our joint contracts with the City to June 30th. I just think that when we get to July 30th, we are so far along in our budget process by then, and then -- as an example, I know with the airport situation, which is, long-term, maybe similar to this, you get into a situation where the boards have -- that board has to approve it, and you start getting into having to wait for notices and meetings, and it can get pushed two to three weeks after the date real easily. COMMISSIONER NICHOLSON: I agree with you. Let's ask them to change it to June 30th. COMMISSIONER WILLIAMS: If my memory serves a-ly-us 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 12 19 20 21 ~? 23 24 G5 me correctly, when we used to have the joint meetinq between the City Council and Commissioners Court to discuss budgetary items, that meeting rook place in June. COMMISSIONER NICHOLSON: I think that's right. COMMISSIONER LETZ: I wouldn't mind earlier than that, but June -- I think we could live with June as a date for all these contracts, or all these agreements. But, anyway -- COMMISSIONER NICHOLSON: I'll ask them to change that. Let me point out the last part of that. Part 8 there defines what expenses are eligible for consideration in the budget. Part 9 spells out that we pay $300,000 for this year. COMMISSIONER LETZ: Sorry, can we go back to is again? COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: On the part that's being -- needed capital improvements expense for the library for operating or capital improvement for the Hill Country -- or for the History Center, is there anywhere defined "capital improvement"? And the reason was, it seems there were some unusual things -- I guess it was different. They had -- in one of the drafts I saw, the library put books in there, which -- ~ - 1 Q fl E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: We had a long discussion of that, and I don't know; maybe governments account differently than business does, but I don't think books are capital. I think they're expense. But we have an understanding that it does cover the purchase of books and other learning materials. COMMISSIONER LETZ: So I guess we're using GASB rules or whatever that is for cities and counties? Okay. COMMISSIONER WILLIAMS: I'm not sure I understood what you're trying to say, Commissioner 4. COMMISSIONER NICHOLSON: They -- the library -- or the City includes the purchase of books. It's around $100,000 as a capital item. COMMISSIONER WILLIAMS: Yeah, okay. COMMISSIONER NICHOLSON: And I think -- maybe under GASB it is, but it's not traditionally what you'd think of as something that you depreciate. COMMISSIONER WILLIAMS: I wondered about that. I saw books and -- I guess books and manuscripts, or something like that, listed as a capital item, and I wondered about that. COMMISSIONER NICHOLSON: Yeah. And the last thing I want to do is discourage the purchase of new learning materials. That's the reason we have a library. -iG-~~; 7 1 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: Well, should that be just under a plain operating expense, or -- COMMISSIONER NICHOLSON: It's their accounting system. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: The -- is this a change from the current agreement, or is the current agreement silent on that point? COMMISSIONER NICHOLSON: It was silent. We've had some concerns over the last two or three years. We were going to do construction there. COMMISSIONER LETZ: But the -- and this is really to go in line with the -- not the practice; I guess the reality that the City owns -- COMMISSIONER NICHOLSON: Yes. COMMISSIONER LETZ: -- all the capital improvements. COMMISSIONER NICHOLSON: Yes. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: Okay. Part 9, let's look at that a little bit. It spells out this year's contribution of $300,000, and then it goes on to say that it is the -- in future years, it's the intent of the two parties to evenly participate in net operational expenses, subject to approval by both City Council and Commissioners a-;a- ~; 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 24 25 Court. Now, that goes on in 10, and 10 carries on to say that if either party fails to approve by Or_tober 1, then the parties agree that the budget for the previous fiscal year shall be deemed approved and shall become the budget for the current year. That takes a little good faith. I think it's needed and necessary to assure our constituents and the patrons that there will be some continuity at the library operations. And then, of course, there's always the out if -- if there's just a total meltdown, we can give notice in writing by July lst that we terminate the agreement; that's in Part 11. I think it's a good contract. I think. it's a better understanding than we've had in the past, and it could form the basis for a more productive relationship in that regard. And, with the one change on the June 30 date, I move that we approve the library agreement. COMMISSIONER WILLIAMS: I have a question, Commissioner. COMMISSIONER BALDWIN: I'll second that motion. COMMISSIONER WILLIAMS: In Paragraph 9, we state the County's contribution. Why -- why are we only stating the County's contribution and not the contribution of the parties, plural? COMMISSIONER NICHOLSON: Commissioner, I think it's the nature of the agreement. It's -- I think you 9-19-US 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 -- if you look at it as a service agreement, we're saying, "Here's what we'll pay." Now, you -- except for the intent that we stated that expenses be equally divided, I presume that the City could unilaterally decide if they want to pay something more than that. COMMISSIONER WILLIAMS: Okay. COMMISSIONER NICHOLSON: We're not asking them to agree with us about what they pay. They're asking us to -- to contract to pay. COMMISSIONER WILLIAMS: Is that number referenced in Paragraph 9, is that a negotiated number, or is that just a number that you picked up from what the budget -- is in our budget as it exists today? COMMISSIONER NICHOLSON: That's our -- that's what's in our budget. And learning from the Interim City Manager, I understand that the City intends to pay $300,000, and that's what's in their current budget. COMMISSIONER LETZ: I think -- I mean, the -- I know I've had discussions with at least one City Councilperson about possibly trying to raise that amount something, that we look at this number. COMMISSIONER NICHOLSON: I think he's in the audience. COMMISSIONER LETZ: I see that one person in the audience. And my comment has been, you know, I'd -i~-n, 10 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certainly be willing to look at it; however, I don't seP any way under the County's current financial situation to get back to the full amount that was requested. And the -- I think I've said it several times; I think there is a little bit of excess in the airport budget, and I wouldn't mind using that excess if it can be -- you know, right now there's $9,000, I think, excess in our budget versus what the fundinq's going to require. I think there's additional reductions that can be made without hurting the quality of service at the airport, and if we could come up with a larger number, I wouldn't -- I would have no objection at all to putting that money into the library budget. And I said that because of the term, "the contribution shall be $300,000." That locks it in, that we can't change that number without changing this agreement. COMMISSIONER WILLIAMS: Unless we change it now. COMMISSIONER LETZ: Well, that's what I'm saying. Is there a way that -- you know, I don't have a problem with saying 300,000, 'cause that's what's in our budget, and our budget's, you know, been preliminarily adopted. I wonder if we can modify the term -- the word "shall" so there's flexibility to ~~hange that number during the year if we so choose without having ro go back and change the contract or do an amendment to the contract. The a-iti us 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 way I would read it right now, we rani give more unless we amend the contract as well as the budget. COMMISSIONER WILLIAMS: Well, you could change it very simply by saying, "The parties agree that the County's minimum contribution for fiscal year would be... " That gives us the -- COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: Gives us the opportunity to do something greater if we can find the dollars to do so. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: I had a similar conversation with Mr. Benham, who's in the audience also, and I notice he wants to speak on the subject, and maybe the Councilman also wants to speak on the subject. But I'm kind of like you, Commissioner; I'd like to see if we can, at the very least, get back to the funding level that we were last year. I don't know if that's possible, or whether we can do more; I don't know. COMMISSIONER BALDWIN: Well, I don't -- I don't know if I agree with you guys, because we've worked this thing and we've -- we've whittled it and worked on it, and we come up with a number, and we're pretty firm in there, and the -- and the phenomenon in all of that is that the City agreed. You know, we put in 300,000, and then they ~-lti ue 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 ~L 23 24 25 agreed that that is a good number. Or at least that's what I'm seeing, that they budgeted 300,000. That means that they think that that is a good number. So, I don't see any reason to change it at a11. COMMISSIONER WILLIAMS: I'm not sure that's what they budgeted. I think that's what they approved; I'm not sure that's what they budgeted. Maybe somebody else could shed some light on this. COMMISSIONER LETZ: They budgeted 400-some thousand from -- 416. COMMISSIONER BALDWIN: I misunderstood, then. I thought Number 4 said they budgeted 300,000. COMMISSIONER LETZ: They budgeted 416, funded 300, as I understand what the City did. COMMISSIONER BALDWIN: Well, I -- again, to me, they're agreeing with the 300,000. I mean, I -- and any time we have an agreement with the City, I think that that's a good thing. COMMISSIONER LETZ: I guess my question is -- let me just go back. If there's some kind of a small disaster or big disaster over there, for us -- under the current wording, for us to do anything, we have to go back and amend the contract as opposed to doing a budget amendment. I'm just saying if we change that wording to what Commissioner Williams suggested, to "minimum of ~ i~,-~~~ 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 300,000," all that's saying in my mind is that 300,000 is what we're funding, but if we, during the year at some point, choose to fund more, we can do it without going back and having to amend the contract. That's all I'm saying. JUDGE TINLEY: I was present at the Council meeting ar which they considered this matter, and my recollection was that what the Council had put $416,000 in their budget, but they approved that they would expend an amount equal to that expended by the County, but I'm willing to defer to Councilman Coleman, who's here, who I think can give us maybe a little bit more definitive read. MR. COLEMAN: My name -- Judge, my name is Chuck Coleman. I live at 309 Bobwhite. 7'm not really here in an official Council position; I'm here as a concerned citizen. I'm not authorized to be here. My -- my sense on our vote was pretty much as you stated. It was more an attempt to try to preserve our past cost-sharing basis and give us more time to work with the Commissioners Court to try to increase that if we could. I think the City does feel that the library is incredibly important. Surveys indicate that a lot of people, both city and county, use the library, and I think the library is on -- obviously, on our agenda next time, and I'm sure that the budget for the City's portion or the approved funding will probably be increased. `~ i9-US 14 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Thank you, sir. Mr. Benham, you had forwarded a participation form. We'd be happy to have you speak about this subject. MR. BENHAM: Thank you, Your Honor. For the record, I'm Joseph Benham. I live at 522 Rolling Green in Kerrville, and I am in Commissioners Williams' precinr_t. I think the most useful thing I can do this morning, rather than go back over information I've given you in the past about the financial contributions of the Friends to try to further the library and many thousands of hours of volunteer time that our members put in, is to respond to some specific concerns that have come up in previous meetings of this group that I've been able to attend. My health hasn't allowed me to be here every time, but I come when I can. And in conversations that I've had the privilege of having with some of you individually, and with members of the City Council -- I'm not authorized to speak for the City Council, obviously. I am authorized to speak for the Friends of the Library. One of the things I wanted to say, first of all, is I see -- unlike some of the people who've written to the newspapers, I see nothing whatsoever wrong with you gentlemen doinq some brainstorming on how best to spend the County's money. If I were on that side of the bar, I would be doing exactly the same thing. I commend you for that. -ly-os 15 1 2 4 5 E 7 8 9 10 11 12 "` 13 14 15 16 17 18 19 20 21 22 23 "" 2 4 25 Secondly, I have been distressed, both as a representative of the Friends and as a concerned citizen, with the fact I think that was a mistake. I don't know that there's anything to be gained by trying to play the blame game -- this isn't New Orleans -- play the blame game, but I do think it was a mistake. And I would urge you gentlemen, and I'm encouraging the City Council to start having those meetings again. I attended some of them. I remember one workshop at Riverhill Country Club, for instance, in one of their meeting rooms, where you took up not only the library, but EMS and the airport and everything else that the City and County do jointly. I think it was a terrible mistake to discontinue that custom. I hope it'll be reinstated, but the fact the that it -- that a mistake was made is not something that I want to see hurt the library. Now, a question was raised by someone about the library not being secure enough in terms of what people can -- and especially children can look at in there. We spent $9,000 of -- of our reserves to hire one of the outstanding -- we were assured he was one of the outstanding, perhaps the preeminent expert consultant on library information systems, and one of the questions that was asked was about firewalls. How do you keep stuff off of ~-~~, ~~ 16 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 the -- out of the hands or out of the -- off the screens campaign to get us a new hospital. Tom, before he retired, was the Chief of Information Services for the Chevron Corporation, which is a fairly substantial outfit. And, anyway, the bottom line was that you're wasting your money if you -- if you spend money on those firewalls. The -- the analogy I used was if they can't keep these hackers out of the computers of places like NATO and the Federal Reserve system, we're not going to keep them out of the library in Kerrville. I'm -- I'm as disgusted as anybody in this room at the sick people who put stuff on the Internet that shouldn't be there, but the fact is that as fast as you spend money on software to keep it out, they figure a way to get around it. But I want to assure you that it was addressed very seriously; that we recognize there is a problem. The librarians do everything they can to discourage it, but there's no foolproof solution to that problem, in this library or any other. Another question that came up was, why should the library be exempt from the cuts that you folks were ~y ~s 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 ?~ 23 24 zs havinq to make for reasons that have already been stated, your tar, freeze and so forth? Well, the fact is, the library hasn't been exempt from those. This budget that's been referred to already -- already called for the spending on the library to be reduced by over 14 percent. Now, that's a pretty hefty cut, but the Library Director says he r_an live with it. The people on our board who understand budgets better than I do, which is most of them, say that the library could live with a 14 percent cut. What the library can't live with, gentlemen, or can't function effectively with is a cut of -- of a third, which is what 300,000 from you gentlemen and 300,000 from the City Council would do. It would cut the library budget by one-third, and that is a terrible prospect. It's going to mean -- if it's implemented, it's going to mean reduction in hours. It's going to mean reduction in services. It's going to mean that the library won't have as much money to spend on -- on books and materials and so forth. It's just -- it's just terribly dismaying prospect, and I would urge you to revisit it. The -- as I say, the library was already looking at a 14 percent cut in the -- in the budget which was proposed, so it wasn't that the library was sitting up there untouched by the need for economy. But, again, I have to say, 14 percent -- to cut by 14 percent and then cut what's left by a full third 18 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 is a terrible -- terrible policy decision, whatever you want to call it. Okay. The question was also raised, can't you get money from elsewhere? The Friends are already making a routine contribution of $20,000 a year. We have dipped into reserves for the consultant I mentioned earlier on computers. We're now funding a survey of analysis by a group of library consultants whose -- whose preliminary results have been made available to at least one member of the Court, and I hope -- and I'm sure will be made available to every member of the Court as soon as that work is complete. We're paying for that, but that's about all the money we have, frankly, except what's in our endowment, and the endowment is re -- in -- I'm sorry, my morning pills are interfering with my tongue. Our income from our endowment, is what I intended to say, is restricted to capital purposes. We cannot use that money for -- for operations. Antonio came to us a couple of years ago and asked us for some money to help out with a shortfall in -- a need in the operations area, and we had to turn him down because the -- and we'd be violating our -- our charter if we did. Nuw, foundations. Foundations have been er.traordinarily generous where the library is concerned. It was private money that put up -- largely private money. There was a little federal money that I understand Ladybird 9 1`~ n5 19 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 23 ~4 ~5 Johnson got for us; that was before I moved here, but it was -- the building that's there was built largely with private money. The Friends raised $350,000, mostly from foundations, to purchase the building next door to the library where the Cypress Grill used to be and travel agency and so forth -- I'm sure you remember it -- for future expansion, use by the library. The foundations have been very generous in makinq capital contributions, but they will not give us a nickel for operations. That's just not the way they do business, and we can't tell them how to do business. All we can do is ask. And, as I say, they've come up with some very generous gifts, and that -- that building -- the funding for that building being the most obvious example. But all of them have been for capital investment, not for -- not for operations. So, private sources. The Friends put every penny into that library that we earn from book sales and we get from dues and so forth, but that's -- that's limited. We're just about at our limit as to what we can contribute to the library. The foundations won't put in the -- they will not put in money for operations. Let me see. I believe those are all of the questions that have come up in my conversations with -- with members of the two government bodies. I'd like to reiterate that we, the Friends, and I personally am very eager -- I'm 9 - ~ . - i i 5 ^o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ^4 25 at your disposition for anything I can do to be of help in this. You gentlemen have been very patient in listening to me in the past, and I would like to -- well, I'm going to say this. I would like to do everything -- I am going to do everything I can to improve the relations between the City and the County. I think that -- again, I'm not going to play the blame game. Just in the seven years-plus that I've lived here, I've seen too many examples of irritation and, on occasion, even enmity between the two branches of government. That doesn't help anything. Commissioner Letz and I had the privilege of working together on a project, which we didn't quite succeed in, to put up a new Ag Barn here, get the funding for a new Ag Barn here. When we went to the City Council to ask them to sign off on it, there was visible antagonism in the room between a gentleman no longer on your Commission who spoke for the County and some people who aren't on the City Council any more, I don't believe, but were there then, and it was just -- as I say, there was visible antagonism. That doesn't help anybody. And I am delighted to hear Commissioner Nicholson say that he wants a more productive relationship. I want to see a more productive relationship. Again, I'm grateful for your patience in letting me share these thoughts with you. If I can answer any questions -- yes, sir? o-i9-ii5 z1 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 2J COMMISSIONER BALDWIN: Thank you for your comments. I appreciate that very much. And we can use all your help in mending that fence. When we first started having these conversations, I made the comment that I don't qo to the library a whole lot any more, because the reason that I used to go is -- is to read all the newspapers every -- all the newspapers there; I used to read them. But now I read them on -- on the Internet, so -- and by that simple comment, I had some really ugly phone calls. MR. BENHAM: Well, I regret that. COMMISSIONER BALDWIN: You know, and that's okay. That's -- I'm a big kid. But the question I'm going to ask you is probably going to create some more ugly phone calls, but I don't -- I don't mean -- this is a real -- real, live question, and I -- I can't get my brains wrapped around what the problem is with this thing. One of the comments I saw in the paper is, due to the cutback, the hours at the library are going to have to go from 56 hours open to 40 hours open. What is wrong with that? MR. BENHAM: Well -- COMMISSIONER BALDWIN: I mean, and I'm asking -- I'm asking a real question. I don't understand -- 90 hours is a long time. MP.. BENHAM: Perfectly valid question, Commissioner. The only -- in the first place, I haven't f f ii 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1Q 20 21 ~~ 23 24 25 ~~ L L been involved in the analysis that produced that 40-hour figure. Antonio has said that he definitely would be looking at a reduction in hours. As I say, I wasn't in cn that. Well, I would just say this. There is a lot of use of that library on Sundays -- on Sundays and in the evenings, and those are the -- those are the times that would have to be cut back. If -- if you would take a recess and go over to the library in about 15 minutes, you'd see people already standing in line waiting to get into the library at 10 o'clock. If you were in there at E o'clock in the afternoon, as I frequently am, on days when the library closes at 6:00 -- it's not open -- it's only open two evenings a week. But if you were in there -- and I'm not usually in there at 9 o'clock -- or 8 o'r_lock, I guess it is, when they close for the night, but I'm frequently there at 6:00. The librarians are having to go around and tell people, "The library is closing; you have to leave." The -- the answer is, that library gets used during all of those 56 -- I thought it was 57, but SE -- ~~uring all of those 50-plus hours. When you go in there -- when you go in there during the day, there is usually a waiting list to use those computers. There's not a vacant seat where those computers are concerned. And the library is very intensely used, and it's used during those hours that would have to be shut down. Some of those people are e-ie-ns 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 2' 23 24 ,~ L J ~3 coming in after work. Some of them are students who come down there after school in the evening to get information for their -- for their homework projects. And not everybody can come between 10:00 and -- 10:00 and 5:00. So, I -- I think your -- your question is certainly valid. Why do we need the hours -- the extra hours? All I can say is that the library is used during those hours. It's not sitting there empty by any means. Yes, sir? COMMISSIONER WILLIAMS: Joe, thank you for your -- your remarks -- your comments, and thanks for stopping by the other day to visit. This is a question that probably should be directed to the Library Director, or one that perhaps should be fleshed out if we had an opportunity to address these topics line-by-line. I notice under Charges for Services on the revenue side of the ledger, the nonresident fees is sort of a meager $2,600. Would you have any way of knowing how many library cards are issued to people who live outside Kerr County? MR. BENHAM: I can't give you a number, but I can tell you where most of them come from. They come from Gillespie County, Tierra Linda and some of the other subdivisions over there. They're folks who find it more r_onvenient to come to our library than to go into Fredericksburg, and they're willing to pay the additional -- I think it's still $25 a year. At any rate, whatever the 9 1 9 n 5 24 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ,~ 23 24 25 fee is, they pay that fee to be able to come to Kerrville instead of going to Gillespie County. I'll be happy to get that number for you, Commissioner, but I don't have it -- I don't have it in front of me. COMMISSIONER WILLIAMS: That's roughly a hundred -- MR. BENHAM: That's the principal source. COMMISSIONER WILLIAMS: That's roughly 110 or 120 uses. I was curious as to whether or not there were more than that. MR. BENHAM: We have a few -- we have -- I know we get a few winter Texans who are not residents. They come down here in the winter, park in one of the R.V. parks for a while, but they don't take out residency in Kerr County. And -- but they want to use the library, and they -- they get one of those cards. But I can't quantify that number, either. There are a few that I know of. COMMISSIONER WILLIAMS: Okay. If I'm looking at the budget that was given us correctly -- excuse me -- the numbers that were presented represent about a 5 percent reduction in operations from last year. What I found interesting, too, is that from the previous year, '03-'09 budget to the '04-'05 budget, there was a 14 percent increase. So, you know, there's -- whatever. MR. BENHAM: Okay. y-iy-ns 25 1 ... , 3 4 5 6 7 6 9 10 11 12 ~-- 13 14 15 16 17 18 19 2U 21 ~~ 23 ,... ? 9 25 COMMISSIONER LETZ: Question I have -- and a copy of the budget. We received this last week, as I recall, so we do have -- finally we did get a copy of the budget for the library. Question I have really isn't You may or may not know. Several months ago, I made the comment that I would really like to see explored as to whether it is feasible to do an interlocal agreement with Schreiner University and share some of the administrative costs, primarily, and make joint use of that -- you know, I know a lot of the public uses Schreiner University already; I've heard up to h0 percent of the use out there is by the general public. Do you -- to your knowledge, has anyone looked at doing any interlocal agreement with Schreiner University to share administrative costs and things of that nature? Which, when I look at the budget, that seems like a very high number, percentage-wise, out of the total budget. MR. BENHAM: I don't know about any kind of cost-sharing discussions. I know there were some discussions with Dr. Summerlin after, I believe, you raised that question in a previous meeting of this court, and he simply said he didn't think it would be feasible, because so many of their books are not the sort of thing the general public is -- is looking for in a library. Now, whether -- -i~-cs 26 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 whether anybody from the City has talked to him or to Fred Gamble, his finance man, or Mike Looney -- he's Director of Development. Whether they've talked -- whether they've been in on some discussions as to cost-sharing, I -- I don't know. I haven't -- I know, as I say, Dr. Summerlin said he didn't think it would be feasible from the standpoint of -- of usage. But whether anybody's gotten into it from a financial standpoint, I really don't know. I wish I could shed some light on it. COMMISSIONER LETZ: I still have one further comment. If it's something the Friends can look into, to me, it would be interesting. Obviously, there are areas -- there are different charges -- different reasons for those libraries and there are different types of books, but administration of a library should be administration of a library, so I think that's what I'm thinking of there. And the other area would be computer use. Certainly, the use -- I know there's a lot of computer use at Schreiner, a lot of computer use at our library. If that can be shared somehow to make it more efficient. Maybe, you know, on the hours, it just is something that really is worth exploring. Clearly, I understand, you can't totally integrate the two, but in areas there may be things that can be done on a shared basis that would save both money. MP.. BENHAM: Well, one -- if you allow me one 9-19-ny 1 2 3 4 5 6 7 8 9 10 11 l~ 13 14 15 15 17 18 19 20 21 22 23 24 25 z~ more comment on that, I -- I have been very impressed, and I've said so in print, since Dr. Summerlin became president, of his desire to improve the interplay or whatever you want to call it -- I'm told in the trade they call it "town and gown" relations. The -- the university is inviting the public to more things on campus than they had in the past. I'm on the board of the symphony as well as the Friends, and Dr. Summerlin has given us office space out there and done everything he could to -- to encourage that and the other arts, whereas not just to have stuff on campus, but to have -- have the public involved in the arts, and at Schreiner and vice-versa. I've been -- I've been directly involved in those things, so I know about them. I'm sure he would be open -- I know Dr. Summerlin pretty well. I'm sure he would be open to discussions of what you're describing. He's not a -- he doesn't stay in his office with the door locked, by any means. But I can't -- obviously, I can't speak for him. COMMISSIONER LETZ: Right. I was just wondering if you had -- if those discussions had taken place. They have, it sounds like, to a very limited basis, but there may be something to pursue. And maybe it's really more appropriate for the City to pursue it. I don't know where that -- where it should come from, per se. MR. BENHAM: If you will allow me one more v i~ ~~5 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 za thing, then I'll shut up. I was at the City Council meeting at which they voted; and, again, I'm not authorized to speak for them, but I -- I have talked to several of them since that meeting. I know that they -- when I say they have assured me that if the County can fund the library to a greater extent, hopefully a significantly greater extent than 300,000, they feel confident that the City will do the same. They said at that meeting that -- there were statements made at that council meeting that the City was going to keep money in reserve in case the situation changed to the point where they could preserve the fifty-fifty split, but put more money into the library, 'cause that's what they wanted to do. Now, again, I'm not authorized to speak for them, but I have had those assurances individually from the City Council members. So, again, I hope you gentlemen can see fit to move further. COMMISSIONER WILLIAMS: Let met me add one more comment, Judge. The last thing you and I spoke about the other day was a more permanent solution, as opposed to what we're talking about now. What we're talking about now is a temporary solution. MR. BENHAM: Sure. COMMISSIONER WILLIAMS: It's this year and perhaps next year. And the permanent solution would involve the creation of a library -- a county-wide library district. e i~, us 29 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 And I just judge, from the fact that you as}:ed me the question, that that was something that you would work for on behalf of the Friends and support it, and I would work for it too on behalf of Commissioners Court. I think that is the permanent solution, and I think that we should all be working for that. MR. BENHAM: I totally agree. And before I moved here, I was secretary and director of a -- a public utility district that served a substantial part of north Harris County, and -- I'm sorry, I should say unincorporated areas in a significant part of north Harris County, and one corner of Montgomery County. And I'm a great believer in districts that can -- can handle their own finances and don't have to continually be running to the -- I also had the privilege of being president of a -- of the property owners' association out there, and we -- it wasn't a district, but we assessed ourselves as property owners to provide the security for our subdivision, our community. And, again, we had -- I'll say, frankly, we had better police protection than the city of Houston -- than the average city of Houston resident did, because we had control of it at the local level. We financed it at the local level. So, you and I are on the same wavelength on district -- on the concept of district 100 percent. I will say tnis; it's going to take a while, and therefore, I hope you can go y-~U-,~5 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 ahead and put adequate funding into the library in the meantime. But I will -- I will be the first one in this room ro join you in working to create such a district. I think it's a great idea, and I think it would be the solution -- could very well be the solution to our needs here. JUDGE TINLEY: Thank you, Mr. Benham. We appreciate you being here today, and we appreciate your comments. MR. BENHAM: Well, I'm grateful for your time. JUDGE TINLEY: Thank you, sir. COMMISSIONER NICHOLSON: Thanks. JUDGE TINLEY: We have a motion and a second on the floor, Commissioners. Does your motion include the two minor changes that were made -- COMMISSIONER NICHOLSON: It just -- JUDGE TINLEY: -- to the agreement, the minimum and the June 30 change? COMMISSIONER NICHOLSON: It includes the June 30 change. What language do you -- COMMISSIONER WILLIAMS: Well, let me take a whack at it, Judge. The motion on the floor, I'd like to offer an amendment to the motion. I believe that's the right way to do it. I'd like to offer an amendment that, in n i y v s 31 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~~ 24 GS addition to the June -- Paragraph 8, the June substitution for July, I'd like to offer in Paragraph 9 the parties agree that the County's minimum contribution for the fiscal year shall be -- I'm going to see if we can make this fly. There is some money in the airport budget that we can drift over, perhaps. I'm going to offer a substitute that the amount be changed from 300,000 to $350,000. COMMISSIONER LETZ: My comment is, I can't go along with a change right now, 'cause I don't know where the money's coming from. I mean, if we could -- you know, and plus -- well, you know, I'd be willing to look at that when we look at our budget again. But at this point, I can't go along with raising it a number and decreasing the county reserves, which, in my opinion, are already horrendously low. JUDGE TINLEY: Do I hear a second to the amendment? Hearing no second to the amendment, the amendment will die for lack of a second. COMMISSIONER LETZ: Judge, I'll make a -- offer an amendment, that we just add the word "minimum." So it shall read, "The parties agree that the County's minimum contribution for Fiscal Year 2005-2006 shall be $300,000." COMMISSIONEP. WILLIAMS: I'll second it. JUDGE TINLEY: Motion made and seconded for an amendment. I'm gathering, Commissioner Nicholson, that d - 1 9 - U ~i 32 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 14 19 20 21 22 23 24 ~5 we still have the June 30 in lieu of July 30 in your motion? COMMISSIONER NICHOLSON: Yes, sir. JUDGE TINLEY: Okay. Okay. We have a motion and a second on the amendment. Any further question or discussion on the amendment? COMMISSIONER BALDWIN: Does the word "shall" remain? COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: Stays in? COMMISSIONEP. LETZ: Yes. JUDGE TINLEY: All those in favor of the amendment, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We're back to the main motion now, to the approval of the contract, which would include an additional change of June 30 in lieu of July 30 in Paragraph 8, and otherwise approve the contract as amended by the amendment just passed. Any further question or discussion on that motion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. ,_1~, n=~ 33 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 (NO response.) JUDGE TINLEY: That motion does carry. We'll move to Item 2 on the agenda, to consider, discuss, and take appropriate action on the Animal Control contract between the City of Kerrville and Kerr County, Commissioner Nicholson? COMMISSIONER NICHOLSON: Again, the -- myself and the County Attorney, Assistant City Attorney, and the City Manager have met on this contract. And first I want to clear up what could have been a misunderstanding earlier. There was some question about whether or not the City had adopted a new Chapter 18 of their Code of Ordinances, and they have not. So, the purpose and the enforcement issues in this contract are essentially the same as they have been in the past; that we will enforce the Rabies Control Act, Chapter 18 of the City, excluding certain enumerated provisions there, and the Texas Health and Safety Code. It goes on to exclude enforcement of zoning regulations. If we turn to Page 3, that's item 5.C.8. County's not responsible for collection of dead animals within the City. And then Part 6 specifically describes the amount the City will pay for county services and the formula for coming up with that amount. That's $122,496.40, which includes the $6,000 administrative number. I move that we approve the Animal Control contract -- v 19-n= 34 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l 22 23 24 ~~ ~~ COMMISSIONER LETZ: Second. COMMISSIONER NICHOLSON: -- with City of Kerrville. JUDGE TINLEY: Motion made and seconded for approval. Any question or discussion? COMMISSIONER LETZ: Question. In a prior discussion with you, there was the issue of -- of revenue that was generated at the facility being split. Is that in here? JUDGE TINLEY: Yes. COMMISSIONER NICHOLSON: It's in here. The amount they're going to pay is net. COMMISSIONER LETZ: It is a net number? COMMISSIONER NICHOLSON: Yes. We gave up -- sorry, I should have mentioned that. We gave up half of it. COMMISSIONER LETZ: Right. COMMISSIONER NICHOLSON: And that seems fair to me. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Yeah. The -- I was asked to give that information to Council at their meeting last Tuesday. I furnished it to them the next morning, and the number as I've computed is the previous gross amount we gave them, less half the revenue, and it comes out on the money. COMMISSIONER LETZ: Okay, good. -1~-~~~ 35 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l~ 20 21 22 23 24 25 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.) DODGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Thank you. Let's go to Item 3, if we might. Consider, discuss, and take appropriate action on the revision of plat for Mosty Pecan Grove. MS. HARDIN: I put this on the agenda for last week. The wording was not correct. I did not have another drawing to give you gentlemen, but I'd be glad to answer any questions, if you have any. COMMISSIONER WILLIAMS: We've all seen the drawing, and it doesn't -- I might refresh the Court's memory. It does increase the right-of-way on J.J. Lane from 30 feet to 40 feet; is that correct? MS. HARDIN: That's correct. COMMISSIONER WILLIAMS: All the way up and down from Highway 27 to the -- to the pump tract at the bottom. MS. HARDIN: Yes, sir. COMMISSIONER WILLIAMS: I would offer approval of -- for the revision of plat for Mosty Pecan iy u5 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 36 Grove, Volume 7, _'95 -- Page 295, Precinct 2. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. The next item on the agenda is to consider, discuss, and take appropriate action on procedures for the paying and reporting of costs or charges incurred or expenditures involving penalties, fees, interest, or other costs asso~~iated with late payment or other administrative system failures. Commissioner Nicholson. COMMISSIONER NICHOLSON: This is back on here because the last meeting, the agenda item wasn't complete. We've talked about a lot -- I think we all know what we're trying to do here, to -- to bring some accountability to unbudgered and unapproved expenditures. So, I'm going to move we adopt a court order requiring that costs or charges incurred or expenditures involving penalties, fees, interest, or other costs associated with late payment or other administrative system failures be reported to the Kerr ~,-i~,- ~ 37 1 3 4 5 6 7 8 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 County Auditor and the Commissioners Court. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for the court order as designated. Any question or discussion? COMMISSIONER BALDWIN: I have a question. Who actually does that reporting? The County Treasurer? COMMISSIONER NICHOLSON: In this instant case, we're -- in 2002, it occurred three times. The County Treasurer and the County Judge received a notice from the State that they were being incurred, so yes, I would think the -- the person responsible for the function would report it to the Auditor and/or the Commissioners Court. COMMISSIONER BALDWIN: And come in, like, on a regular Commissioners Court and report it live and unrehearsed, as opposed to a memo-type issue? COMMISSIONER NICHOLSON: The advantages of that, Commissioner, it would give the Auditor and/or the Court an opportunity to intervene to -- to try to put something in place to stop the occurrences. COMMISSIONER BALDWIN: I'm with you. 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. e-le-ue. 38 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 (NO response.) JUDGE TINLEY: That motion does carry. Let's move to Item 5, if we might. Consider, discuss, and take appropriate action on authorizing the Kerrville Area Chamber of Commerce to coordinate Kerr County sesquicentennial celebration in combination and consultation with Kerr County Commissioners Court, the Kerr County Historical Commission, and representatives of the several cities and towns within the county. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? COMMISSIONER BALDWIN: Judge, where -- in the back of my mind, I'm thinking that there's going to be a function in 2005 in the month of March. COMMISSIONER WILLIAMS: April. COMMISSIONER BALDWIN: April? COMMISSIONER WILLIAMS: We designated some dates in the month of April. Right? COMMISSIONER LETZ: And I believe it was -- April was chosen because that's when the -- was it the centennial? COMMISSIONER WILLIAMS: That's tracked back to the centennial. When we did the centennial was in April. ~-iy-os 39 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONEP. LETZ: For weather reasons, primarily. COMMISSIONER WILLIAMS: Somebody had a memory that went back 50 years. Do you believe that? COMMISSIONER BALDWIN: No. Cool. Cool. I'm ready; I'm getting started here. JUDGE TINLEY: It occurs to me that you're trying to get a jump on it, Commissioner. COMMISSIONER BALDWIN: Yeah, I'm going to do my part. It talks about the Commissioners Court being involved; I'm going to quit shaving. COMMISSIONER WILLIAMS: You should be in good shape by April. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raisinq your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We have one executive session item. Mr. County Attorney, do you think it'll take much more than about five minutes if we -- MR. EMERSON: No, sir. 5-i_~-n5 40 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DODGE TINLEY: -- can do that right quick? Why don't we go ahead and get that disposed of right quick. We will go out of open or public session at 9:55, and we will shortly go into closed session. (Discussion off the record.) (The open session was closed at 9:55 a.m., and an Executive Session was held, the transcript of which is contained in a separate document.) JUDGE TINLEY: Okay, it is 10:04, and we will come back into open or public session in the special Commissioners Court meeting. Is there anything further to be offered at the meeting? Hearing nothing, I will adjourn that special Commissioners Court meeting. (The regular Commissioners Court meeting was adjourned at 10:04 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: I will now call to order a public hearing on the proposed Fiscal Year 2005-2006 tax rate for Kerr County, as posted on the special Commissioners Court agenda for this date, Monday, September 19th, 2005, for 10 a.m. It is a few minutes past that. I apologize for being somewhat tardy getting started, but the -- the public hearing is now open, and if there's any member of the public that wishes to be heard with regard to the proposed Fiscal Year 2UU5-2006 tax rate for Kerr County, please feel N-19-_~ 41 1 2 3 4 5 6 7 R g 10 11 12 13 19 15 16 17 1R 19 20 21 22 23 24 25 privileged to come forward. And when you come forward, if you'll give your name and address so that the reporter can take it down. MS. RACKLEY: Before forward, I've come really prepared. in the room, I've got stuff for him, I don't do things without evidence. auditors do, you know. COMMISSIONER BALDWIN: - before I come If there's a reporter too. I have evidence That's what forensic How are you? Thank you very much. MR. BENHAM: Ma'am, there's a reporter there. (Discussion off the record.) DODGE TINLEY: Give your name, please, and your address. MS. RACKLEY: I will. Shirley Rackley, and Rackley is spelled R-a-c-k-l-e-y. I live at 455 Pike's Peak Road South, Kerrville, Texas. And I'm going to pretty well stick to this paper and keep it as brief as possible. I'm not certain we need a tax increase; however, I do recognize that we need money to operate all the departments, you know, especially the Sheriff's Department, the Road department and so forth. But if our tax base really was increased to 10 percent, as it was stated in the newspapers, then you wouldn't have to -- to increase the taxpayers of this county and further burden them. There's -- we don't have industry 9 1 9 ~I 5 42 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 here; that's in one of the -- the things to support the tax base. But what it does is, it just makes some of the seniors pay more and have a bigger burden. And some of the people haven't had tax increases in 10 and 20 years, but I didn't bring those. I only brought the ones that I could absolutely prove in the last five years, they did not get a 10 percent increase. And one of them -- one of the appraisers, he got an 18,900-and-some-dollar homestead exemption, when a homestead exemption, everybody knows, is $3,000. So, that's about what I have to say. You know, I don't think there's any more needs to be said. I've got it all in writing. JUDGE TINLEY: Ukay. MS. RACKLEY: I do think we need to -- to investigate the appraisal process and the appraisal department. I do think they need to be replaced. JUDGE TINLEY: Thank you, ma'am. We appreciate your comments, and we appreciate you providing us with this information. MS. RACKLEY: Thank you. JUDGE TINLEY: Is there any other member of the public that wishes to be heard with respect to the proposed Fiscal Year 2005-2006 tax rate for Kerr County? MR. BENHAM: Yes. JUDGE TINLEY: Mr. Benham? -i~ 05 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 2q 25 MR. BENHAM: Thank you, Your Honor. Once again, for the record, I'm Joseph Benham; I live at 522 Rolling Green, Kerrville. I'm in Commissioner Williams' precinct. I support this action. My taxes went up this year. Since I'm a senior citizen, I gather they won't go up in the future, but the appraisal -- the appraisal on the house where we live went up significantly. We were able to get an adjustment on the value of the land, because we showed them that our lot was the smallest one on our street and had the highest assessment, so they agreed that that had been an error, and they did give us a reduction in the value of the land. However, the assessment on the improvements went up significantly. So, I am not -- I want -- I'm bringing that up because I want to make it clear, this tax increase will apply to me, not just people who are younger. I am satisfied that you gentlemen and the people who work for you have done a very thorough job of assessing the needs of the county and have come up with a figure which is high enough to keep the wolf at least at bay temporarily, but would not invite the expense and ill feeling, frankly, of a rollback election. And, therefore, I am -- I am comfortable with the work you folks have put in on this, and I do -- I do support this increase. Thank you. JUDGE TINLEY: Thank you, Mr. Benham, for your comments. Is there any other member of the public that ~3_ij-ns 44 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 wishes to be heard? Please come forward, sir. Give your name and address. MR. HOLSTER: Yes, sir. My name is Ross Holster; I live at 832 Earl Garrett Street here in Kerrville. I'd just like to -- if you would just listen just a few minutes, to make my views known from the senior view. I'm 74 years old, and I started working when I was 12 years old. I started paying taxes and Social Security when I was 14. My taxes now in Kerrville -- I moved here in 1992. Even with all my exemptions, my taxes are more than double, and I depend on Social Security quite a bit. I have a little bit of other income, not very much. I have trouble maintaining my house. If it wasn't for my exemptions, I couldn't stay in this house. And it seems to me like seniors might be getting a kind of an unfair portion of the blame for this budget. Not only from Commissioners Court, from Daily Times; they had a write-up, too. And my appraisal went up. I talked to the Appraisal Board. I was informed I already had all the exemptions I deserved, that they couldn't do anything for me. Well, that's all well and good. If they need the money that bad, I'll try to figure out some way to get it. But I would like it understood from my point of view, or from me personally and my wife; every dollar that goes out, we have to budget somewhere else for that ~,-i~-os 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 dollar, the same as you people do. So this is a -- it's not a tit-for-tat. Actually, I think the tax is too high to start with. I have to make my tares in payments, and when you have to make them in payments, they're too high. And I know you need money to run the government, but I do think there's some place that can be cut. I don't know where at; I'm not -- I'm not that familiar with your operations. But I'm sure something can be done to relieve the people of this county; not only the seniors, but the young people too. And, really, about the average wage in Kerrville -- a $10-an-hour job in Kerrville is a pretty good job, so most of your employees and the people in government are really -- their salaries are pretty good, I think. That's from my point of view only. I thank you for listening to me. Appreciate it. JUDGE TINLEY: Thank you, Mr. Holster. We appreciate your comments. Is there any other member of the publir_ that wishes to be heard with resper_t to the proposed Fiscal Year 2005-2006 tax rate for Kerr County? Anyone else who wishes to be heard? Seeing no one else coming forward or otherwise seeking to gain my attention to be heard, I will close the public hearing on the proposed Fiscal Year 2005-2006 tax rate for Kerr County. I appreciate y'all being here, and there will be another public hearing, as I'm sure your notice indicated, this coming Friday. I believe i4-~ 46 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's at 10 a.m. Is that correct, Ms. Mitchell? MS. MITCHELL: Yes. JUDGE TINLEY: Friday, the 23rd, at 10 a.m. So, if any of you folks wish to be heard again, you have the privilege of being heard again. Or if anyone makes inquiry of you that wants to be heard, we'll be happy to hear them at that date and time also. Again, thank you for being here. That'll conclude the business of the court today. COMMISSIONER WILLIAMS: I have a question, Judge, before you adjourn. COMMISSIONER NICHOLSON: I have some discussion about tax rate that I want to get involved in. COMMISSIONER LETZ: Discussion or comments isn't public hearinq. JUDGE TINLEY: I'm not sure we ran engage -- the Court can engage in any discussion about the tax rate today. The only thing concerning the tax rate today was the public hearing, and that -- and that part has been closed, as indicated. COMMISSIONER NICHOLSON: Okay. Time's running out. I've got a list of cost reductions that I want to address that could amount to several hundred thousand dollars. When am I going to get the opportunity to do that, Your Honor? COMMISSIONER LETZ: Well, we need to have ~ 1 9 - n 5 47 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a -- there'll be a -- JUDGE TINLEY: We will have the budget up for adoption on the 26th, I believe. MS. MITCHELL: Yes. DODGE TINLEY: That's on the agenda for the 25th. And there will be another public hearing on the 23rd. COMMISSIONER LETZ: The -- COMMISSIONER WILLIAMS: My question had to do with process also. Your Honor, I know there's no more action to be taken place today, but if we were to find some ability to move some more funds to the library line, that would take place on the 26th when we have the budget again up for final review and adoption? JUDGE TINLEY: Yes. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Yes. COMMISSIONER WILLIAMS: That was my question. JUDGE TINLEY: Statute provides that -- that the Court can make any adjustments to the budget that they think are warranted or necessary under the law, I believe what the language is. And -- COMMISSIONER WILLIAMS: Okay, thank you. That was my question. COMMISSIONER BALDWIN: Judge, I have a question. Is the regular Commissioners Court -- or the ,_i~_~,5 48 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~G LJ special called Commissioners Court meeting still open? J~JDGE TINLEY: No, we adjourned that. COMMISSIONER BALDWIN: It's adjourned? JUDGE TINLEY: That -- that meeting is adjourned. COMMISSIONER BALDWIN: Is there any -- is there any way you can take comments from an elected official? JUDGE TINLEY: I don't think so, Commissioner. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: Well, we have on our -- next Monday is our regular -- or our special regular Commissioners Court meeting. (Laughter.) JUDGE TINLEY: Regularly scheduled. COMMISSIONER BALDWIN: Full-time part-time. COMMISSIONER LETZ: Yeah. So, I mean, anything can be put on that agenda still. We can discuss any of these items next Monday. CGMMISSIONER BALDWIN: Okay. COMMISSIONER NICHOLSON: Okay. COMMISSIONER BALDWIN: I've got one more question. I have in my little book that we have a 10 o'clock meeting tomorrow as well. Did that get scratched and moved to Friday? 9- i 9- 0 5 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 COMMISSIONER WILLIAMS: I think so. This Friday, the 23rd. COMMISSIONER BALDWIN: Nothing? JUDGE TINLEY: I don't show it, Commissioner. COMMISSIONER BALDWIN: We're going to skip a day of meeting? COMMISSIONER WILLIAMS: We'll miss each other, right? COMMISSIONER. BALDWIN: Well, not exactly. JUDGE TINLEY: Thank you. (The Commissioners Court Public Hearing was adjourned at 10:15 a.m.) STATE OF TEXAS COUNTY OF KERR 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 23rd day of September, 2005. JANNETT PIEPER, Kerr County Clerk BY: ~°~ --- Kathy B ik, Deputy County Clerk Certified Shorthand Reporter ~-i~~-vs ORDER NO. 29382 LIBRARY CONTRACT Came to be heazd this the 19`h day of September 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to approve the Library Contract with the changes as discussed to change item number eight to June, and change the wording to read, "The parties agree that the County's minimum contribution for Fiscal Year 2005-2006 shall be $300,000." ORDER N0.29383 LIBRARY CONTRACT Came to be heard this the 19~' day of September 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to approve the Library Contract for the fiscal year 2005-2006. ORDER N0.29384 ANIMAL CONTROL Came to be heard this the 19`h day of September 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to approve the Animal Control Contract with the City of Kerrville for the fiscal year 2005-2006. ORDER N0.29385 MOSTY PECAN GROVE Came to be heard this the 19s' day of September 2005, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 the Revision of Mosty Pecan Grove. ORDER N0.29386 LATE PAYMENTS Came to be heard this the 14`h day of September 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 requiring that costs or chazges incurred or expenditures involving penalties, fees, interest, or other costs associated with late payment or other administrative system failures be reported to the Kerr County Auditor and the Commissioners Court. ORDER NO. 29387 KERB COUNTY SESQUICENTENNIAL (150TH) CELEBRATION Came to be heazd this the 19`" day of September 2005, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 authorizing the Kerrville Area Chamber of Commerce to coordinate Kerr County Sesquicentennial (150a') Celebration in combination and consultation with Kerr County Commissioners' Court, Historical Commission, and representatives of several cities and towns within the county.