1 2 3 4 5 6 KERR COUNTY COMMISSIONERS COURT 7 Special Session 8 Thursday, September 30, 2004 9 10:00 a.m. 10 Commissioners' Courtroom 11 Kerr County Courthouse 12 Kerrville, Texas 13 14 15 16 17 ADOPT F.Y. 2004-2005 TAX RATE 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 2 1 On Thursday, September 30, 2004, at 10:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: The Court will call to order 7 and convene the Commissioners Court meeting posted for this 8 time and date, Thursday, September 30, 2004, at 10 a.m. 9 It's a minute or two after that now. The first item on the 10 agenda is to consider and discuss adoption of the proposed 11 Fiscal Year 2004-2005 Kerr County budget. I placed this 12 agenda item on the agenda conditionally on the chance that 13 it may not have been finally approved last Monday, and in 14 fact it was, so that item becomes moot. That being the 15 case, the next item is a timed item for 10:30, so we'll 16 stand in recess until 10:30. 17 (Recess taken from 10:07 a.m. to 10:30 a.m.) 18 - - - - - - - - - - 19 JUDGE TINLEY: Okay. We will reconvene, come 20 back to order. We went into recess a bit after 10 o'clock 21 this morning, since the first item had been already taken 22 care of. It's now a bit after 10:30. Next item on the 23 agenda is to -- and it's a timed item for 10:30; we're past 24 that now. Agenda item is to consider and discuss the 25 adoption of the proposed Fiscal Year 2004-2005 tax rate for 9-30-04 3 1 Kerr County. The tax rate as published was a total rate of 2 .3721. Ms. Rector, do you think it would be appropriate for 3 me to read into the record each component of the tax rate, 4 or just the M & O, Road and Bridge, and then the total rate? 5 Which do you -- 6 MS. RECTOR: The M & O and Road and Bridge 7 and total rate. I don't think you need a breakdown. 8 JUDGE TINLEY: The -- the proposed rate in 9 the published rate, public notice was given, shows the 10 Maintenance and Operating rate of 34.12 cents per hundred. 11 Road and Bridge was -- Road and Bridge Operating was 3.09 12 cents per hundred, for a total County rate of 37.21 cents 13 per hundred. 14 COMMISSIONER BALDWIN: Not 37 point. It 15 would be point 37, would it not? 16 JUDGE TINLEY: Well, 37 -- 37.21 cents. 17 COMMISSIONER BALDWIN: Okay, I'm there. 18 JUDGE TINLEY: Per hundred. On -- on a 19 dollar, it would be .3721. 20 COMMISSIONER BALDWIN: All right. 21 JUDGE TINLEY: It's a matter of where you 22 place the decimal and how you factor it. 23 COMMISSIONER LETZ: I move approval of the 24 tax rate as set for -- as stated by the County Judge. 25 COMMISSIONER WILLIAMS: Second. 9-30-04 4 1 JUDGE TINLEY: Motion made and seconded for 2 adoption of the tax rate as just indicated into the record, 3 and as published. Here, again, we need a record vote; is 4 that correct, Ms. Rector? 5 MS. RECTOR: No. 6 JUDGE TINLEY: We do not need a record vote? 7 All in favor of the motion -- 8 COMMISSIONER BALDWIN: Can I make a comment? 9 JUDGE TINLEY: Yes, you may. 10 COMMISSIONER BALDWIN: And this number, this 11 .3721, is exactly the same number as '03-'04. 12 JUDGE TINLEY: That's correct. 13 COMMISSIONER BALDWIN: Thank you. 14 JUDGE TINLEY: Any further question or 15 discussion? All in favor of the motion, signify by raising 16 your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. We 21 don't have anything further on the agenda. I assume -- 22 COMMISSIONER BALDWIN: Judge, could we go 23 back to our first agenda item this morning? I just want to 24 ask a few questions so I can clear it up. I'm not here to 25 fuss or fight or anything; I just want to clear up my 9-30-04 5 1 thinking. I've been asked this question, and I think it 2 would be wiser to get it cleared up. And it's a simple 3 issue. It deals with your salary. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER BALDWIN: Can you tell us -- or 6 tell me how we got to all these numbers? I've got Page 1 7 and I have a Page 11. The first one is 10-400, the elected 8 official's salary. 9 JUDGE TINLEY: Mm-hmm. 10 COMMISSIONER BALDWIN: And we went from -- 11 this year it's sitting at 40,665, and we're going to 47,303. 12 Help me understand that. 13 JUDGE TINLEY: Well -- 14 COMMISSIONER BALDWIN: I just can't remember. 15 I'm not fussing or arguing or anything. I just cannot 16 remember. 17 JUDGE TINLEY: I can tell you the one you're 18 looking at for 47,000 is not correct; it's 43-something. 19 The 4,000 that was added back on Page 11 -- 20 COMMISSIONER BALDWIN: Uh-huh, right. 21 JUDGE TINLEY: By the way, I'm the one that 22 spotted that overage and brought it to the Auditor's 23 attention. 24 COMMISSIONER BALDWIN: I'm sure you did. 25 COMMISSIONER LETZ: 43 what? Well, 9-30-04 6 1 nevermind. 2 COMMISSIONER BALDWIN: We don't know. 3 JUDGE TINLEY: The -- the 5,889 -- well, that 4 we're looking at on Page 11 -- 5 COMMISSIONER BALDWIN: Yes, sir? 6 JUDGE TINLEY: -- that is the 10,007. What 7 happened was the 4,000 got added back to the 5,716. 8 COMMISSIONER BALDWIN: Right. 9 JUDGE TINLEY: And then, with the -- with the 10 COLA added to that, it comes out to 10,007. 11 COMMISSIONER BALDWIN: Okay. 12 JUDGE TINLEY: All right? 13 COMMISSIONER LETZ: Where's 10,007? 14 JUDGE TINLEY: On Page 11. 15 COMMISSIONER LETZ: Right -- the first line? 16 I got 5,889. 17 JUDGE TINLEY: Well, there's been a -- what 18 you're looking at is a draft. The -- there have been -- the 19 budget we acted upon the other day is a newer draft than 20 this. That's the problem that you've got. Maybe -- but I 21 can tell you how those numbers got adjusted, okay? 22 COMMISSIONER LETZ: Okay. 10 -- 23 JUDGE TINLEY: The 4,000 -- where it was 24 5,716 -- 25 COMMISSIONER BALDWIN: Yes, sir. 9-30-04 7 1 JUDGE TINLEY: -- okay? The 4,000 got added 2 back to that, and then the 3 percent COLA was factored onto 3 that, and it comes out 10,007, I believe is the number. 4 Okay? 5 COMMISSIONER BALDWIN: Okay. 6 JUDGE TINLEY: The -- on Page 1. 7 COMMISSIONER BALDWIN: Well, let's stay on 11 8 here. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER BALDWIN: Go down to the 426, 11 Judicial Supplement. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: And what is that one? 14 JUDGE TINLEY: That is on the -- the 15 supplement that was adopted by the Commissioners Court back 16 in 1999, and for which there was no rollup. That's going to 17 be handled on a 1099 basis, if you'll recall. 18 COMMISSIONER BALDWIN: Yes, sir. 19 JUDGE TINLEY: Just like the J.P.'s. 20 COMMISSIONER LETZ: Right. 21 JUDGE TINLEY: And that amount is there 22 budgeted for that purpose. 23 COMMISSIONER BALDWIN: Okay. 24 JUDGE TINLEY: All right? Are we ready to 25 come back to Page 1? 9-30-04 8 1 COMMISSIONER LETZ: Let me ask a question 2 while you're on that page. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER LETZ: On the second line, it 5 says Mental Health. 6 JUDGE TINLEY: 19? 7 COMMISSIONER LETZ: Yeah 19,000. That's the 8 J.P.'s part? 9 JUDGE TINLEY: That's for the J.P.'s. 10 COMMISSIONER LETZ: Okay, that's for the 11 J.P.'s. 12 JUDGE TINLEY: Mm-hmm. 13 COMMISSIONER LETZ: And the supplement's for 14 the Judge, okay. 15 JUDGE TINLEY: Mm-hmm. Okay? Then, back on 16 Page 1, the -- the figure that you have there on -- on the 17 run that you're apparently looking at, the 47,303 -- 18 COMMISSIONER BALDWIN: Yes, sir? 19 JUDGE TINLEY: That is incorrect. 20 COMMISSIONER BALDWIN: Okay. 21 JUDGE TINLEY: It is 43-something. I can 22 tell you how we got there. And that's -- we take the 23 current of 4,665. We factor the 3 percent COLA onto it. 24 COMMISSIONER BALDWIN: Mm-hmm. 25 JUDGE TINLEY: And we added 1,300 to that. 9-30-04 9 1 And whatever that figure is, that's the new figure, and it's 2 43-something. 3 COMMISSIONER LETZ: 1,300? 4 COMMISSIONER BALDWIN: That's the salary 5 increase. 6 COMMISSIONER LETZ: I thought it was 1,000. 7 COMMISSIONER NICHOLSON: 1,000 plus 300. 8 JUDGE TINLEY: Plus three. 9 COMMISSIONER BALDWIN: You're going to be a 10 fat cat rolling in the dough. 11 COMMISSIONER LETZ: The -- okay. That was 12 all the questions I have. 13 COMMISSIONER BALDWIN: Yeah, that's fine. I 14 appreciate your explanation. 15 COMMISSIONER LETZ: Tommy, on -- 16 JUDGE TINLEY: 47 is wrong. 17 COMMISSIONER LETZ: -- on Page 11, just so we 18 keep it straight, can we add, under Line 104, J.P. -- 19 somewhere, J.P. Mental Health? And then the other one, 20 Judicial Supplement? That way we'll know one's for the 21 Judge and one's for the J.P.'s. Or it can be -- or they 22 could all be combined into one, in my opinion; make it 23 simpler. 24 COMMISSIONER WILLIAMS: It's the same 25 supplement for the same service. 9-30-04 10 1 COMMISSIONER LETZ: Right. 2 MR. TOMLINSON: It's the same. Yeah, I can 3 add -- 4 JUDGE TINLEY: Roll those categories 5 together. 6 COMMISSIONER LETZ: I'd put them together, 7 then. I think it's cleaner, 'cause it's -- whoever does the 8 work is getting paid. 9 JUDGE TINLEY: Yeah, that's the intention. 10 MR. TOMLINSON: I mean -- yeah, sure. 11 COMMISSIONER LETZ: Okay. That way, it's -- 12 JUDGE TINLEY: Just a categorization issue. 13 Doesn't change anything. Okay. 14 COMMISSIONER BALDWIN: You've done well, and 15 I appreciate you taking the time to do that. 16 JUDGE TINLEY: Okay. No, I -- I spotted 17 that, and I'm the one that brought it to the Auditor's 18 attention, that something got shifted. 19 MR. TOMLINSON: The reason you're looking at 20 a different number, I didn't want to kill any more trees, 21 so -- so I printed one last budget that you passed. 22 COMMISSIONER LETZ: Right. 23 MR. TOMLINSON: All the new ones that are 24 coming out will be the right numbers. 25 COMMISSIONER LETZ: Okay. 9-30-04 11 1 COMMISSIONER BALDWIN: The next time we vote 2 on the budget, we are officially adopting the budget? 3 COMMISSIONER WILLIAMS: No. 4 MR. TOMLINSON: We've already done that. 5 COMMISSIONER BALDWIN: What happened to 6 the -- 7 JUDGE TINLEY: You didn't come to the party? 8 COMMISSIONER BALDWIN: No, I was here. But I 9 think you're supposed to -- I -- we didn't do it right. 10 But, okay. 11 COMMISSIONER WILLIAMS: We've done -- we've 12 done the public hearing and adoption. 13 MR. TOMLINSON: We had the public hearing and 14 then adopted it. 15 COMMISSIONER BALDWIN: I know that. I was 16 here. 17 COMMISSIONER WILLIAMS: You voted. 18 JUDGE TINLEY: Anything further? We'll stand 19 adjourned. 20 (Commissioners Court adjourned at 10:45 a.m.) 21 - - - - - - - - - - 22 23 24 25 9-30-04 12 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 4th day of October, 8 2004. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 9-30-04