1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, September 30, 2005 11 10:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 2 1 I N D E X September 30, 2005 2 PAGE 3 1.1 Consider, discuss and adopt the proposed FY 2005-2006 Tax Rate for Kerr County 3, 6 4 1.2 Consider, discuss, and adopt Tax Rate for 5 Lake Ingram Road District 3 6 1.3 Consider, discuss and take appropriate action to approve Residential Services Contract for 7 Post-Adjudicated Juvenile Offenders in Secure Placement at the Kerr County Juvenile Detention 8 Facility 4 9 --- Adjourned 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Friday, September 30, 2005, 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: Good morning, ladies and 7 gentlemen. Let me call to order this special meeting of the 8 Kerr County Commissioners Court scheduled for Friday, 9 September 30th, 2005, at 10 a.m. It's a bit past that, and 10 I apologize for the delay. We're still trying to secure 11 some information that we need in order to properly act on at 12 least one agenda item. With respect to the timed item for 13 10 o'clock, consider, discuss, and adopt the proposed Fiscal 14 Year 2005-2006 tax rate for Kerr County, we have approved a 15 proposed tax rate. The -- the difficulty that we have is 16 that the portion of long-term indebtedness that is required 17 to be broken out from each of the Maintenance and Operation 18 budgets and the Road and Bridge budget, we do not have that 19 presently, so I am going to recess that portion of the 20 meeting until we can get that, hopefully very shortly. 21 I will move to Item 2, consider, discuss, and 22 adopt tax rate for the Lake Ingram Road District. I'm 23 advised by the Tax Office that's a special taxing district; 24 that the tax rate for that district has, since inception, I 25 believe, and for many years been .8700, or 87 cents per $100 9-30-05 4 1 valuation for those to whom that special tax is applicable. 2 COMMISSIONER WILLIAMS: Do you want to adopt 3 that? 4 JUDGE TINLEY: I think we have to if -- if 5 they're going to continue to be able to levy that tax. 6 COMMISSIONER NICHOLSON: Move that we adopt a 7 tax rate of .8700 for the Lake Ingram Road District. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 the adoption of the Lake Ingram Road District as indicated. 11 Any question or discussion? All in favor of that motion, 12 signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. Let 17 us move to Item 3, consider, discuss, and take appropriate 18 action to approve Residential Services Contract for 19 postadjudicated juvenile offenders in secure placement at 20 the Kerr County Juvenile Detention Facility. I'm not sure 21 who placed this on -- 22 COMMISSIONER WILLIAMS: I did. 23 JUDGE TINLEY: Okay. Commissioner Williams? 24 COMMISSIONER WILLIAMS: This is a revision of 25 the Residential Services Contract prepared by the County 9-30-05 5 1 Attorney's office, and basically the same thing, except it 2 embodies some language in there with respect to mileage 3 charges and so forth, but essentially the same, is it not, 4 Rex? 5 MR. EMERSON: Yes, sir, it embodies a 6 paragraph addressing mileage if we have to transport a 7 child, and also embodies a paragraph addressing the greater 8 fees that can be gained from the State on sex offender 9 treatment if the kids qualify for the reimbursement. 10 COMMISSIONER WILLIAMS: Otherwise, it's the 11 same as the standard contract we've been using -- 12 MR. EMERSON: Yes, sir. 13 COMMISSIONER WILLIAMS: -- up until now? And 14 this would become the replacement contract henceforth 15 forward? 16 MR. EMERSON: Yes, sir. 17 COMMISSIONER WILLIAMS: At all renewals. 18 MR. EMERSON: Correct. 19 COMMISSIONER WILLIAMS: Move approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded of 22 the new approval -- for approval of the new contract format 23 for residential services for postadjudicated juvenile 24 offends er at the Kerr County Juvenile Detention Facility. 25 Any question or discussion? All in favor of the motion, 9-30-05 6 1 signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. As 6 previously indicated, we need to obtain the breakout. I 7 have the -- the allocation of the proposed tax rate as to 8 the two different operations, M & O for the county generally 9 and the Road and Bridge, but I do not have the breakout of 10 the debt service. Until we have that, we cannot move 11 forward, so we will stand in recess for -- why don't we try 12 about 20 minutes? And hopefully we can come back and get 13 that matter resolved. We'll be in recess. 14 (Recess taken from 10:23 a.m. to 11:09 a.m.) 15 - - - - - - - - - - 16 JUDGE TINLEY: Let's come back to order. We 17 were in recess. I apologize for the delay. The agenda item 18 before the Court is to consider, discuss, and adopt the 19 proposed Fiscal Year 2005-2006 tax rate for Kerr County, the 20 schedule of tax rates that is included within the budget as 21 prepared by the Auditor, based upon the proposed tax rate 22 which this Court approved sometime back a few weeks ago. 23 COMMISSIONER BALDWIN: And that was what, 24 Judge? .0175? 25 JUDGE TINLEY: It was 35.87 for County 9-30-05 7 1 Maintenance and Operation. 35.87 for County Maintenance and 2 Operation, to include any applicable long-term debt service. 3 And Lateral Road, or Road and Bridge, of 3.09. There is no 4 debt service included within that. Previously, the -- the 5 Auditor had broken down some figures with respect to -- to 6 specific long-term debt issues; the jail bond, for example, 7 the '98 -- or the '98 Tax Anticipation Note, some others. 8 In conversations with the Auditor, he advises me that it is 9 mathematically impossible to do that because of the -- to 10 break that out because of the over-65 and disabled tax 11 freeze that we have put into effect here in Kerr County, and 12 while it may have been something that you could possibly do 13 in the past for those jurisdictions that have that, it -- it 14 can't be done now. I would also note that, in reviewing the 15 transcript of last year's adoption of the tax rate, the tax 16 rate was adopted in the two components that I've just 17 mentioned. 18 COMMISSIONER BALDWIN: Road and Bridge and 19 M & O? 20 JUDGE TINLEY: And -- and County Maintenance 21 and Operation, and with any debt service to be included in 22 that. 23 COMMISSIONER WILLIAMS: That's included in 24 the M & O? 25 JUDGE TINLEY: Yes. Yeah, mm-hmm. 9-30-05 8 1 COMMISSIONER LETZ: Judge, just as a 2 question, when did we receive the certified roll? Do you 3 know the date, from the Appraisal District? 4 JUDGE TINLEY: It was much, much later than 5 normal. We normally get the certified rolls just about the 6 tail end of July. 7 COMMISSIONER LETZ: Right. 8 JUDGE TINLEY: 28th, 29th, somewhere in 9 there. Off the top of my head, my recollection is that it 10 was about a good 30 days after that time. 11 COMMISSIONER LETZ: The reason I say that, 12 based on the statute we have, there's two dates; either 13 September 30th or 60 days after we receive the certified 14 appraisal roll. So, if we're within that 60-day period and 15 there's a question on the tax rate, we have more -- beyond 16 today to -- to vote. Or it could probably be done today and 17 changed if we have to, if something was -- during that 18 60-day window. Is that correct? Am I reading that correct, 19 Mr. County Attorney? 20 MR. EMERSON: That's what it says in the 21 Deadline to Adopt Rate section. Now, it quotes the Tax Code 22 section, and this is from the Tax Appraiser/Collector's 23 office, but in all honesty, I've not read the actual 24 statute, so I'm assuming the publication from the State of 25 Texas is correct. 9-30-05 9 1 COMMISSIONER LETZ: And I have -- and I don't 2 recall what -- I recall that we received the certified roll 3 late this year. I have no recollection -- I really have no 4 recollection as to what the exact date was, though. 5 COMMISSIONER NICHOLSON: My recollection is 6 that it hasn't been 60 days. 7 COMMISSIONER LETZ: Right. But, anyway, 8 that's just something we could verify when we call the 9 Appraisal District and see when they certified it. And then 10 we can either act today or not act based on that as well. 11 JUDGE TINLEY: Well, the only -- only 12 statement I would make is that, in reviewing the transcript 13 for last year, we -- we did it on the basis of the -- the 14 General Fund to include debt service, County Maintenance and 15 Operation, and then a separate one for the Road and Bridge 16 or Lateral Road. 17 COMMISSIONER LETZ: Okay. Let's go ahead and 18 do it that way. 19 COMMISSIONER WILLIAMS: Wouldn't it be 20 advisable to do it that way? And if the Auditor needs to 21 break something out, he's going to break it out in these two 22 numbers. 23 COMMISSIONER LETZ: Right, okay. 24 JUDGE TINLEY: He tells me he thinks it's 25 physically impossible to mathematically break it out because 9-30-05 10 1 of the effect of this over-65 tax freeze. 2 COMMISSIONER LETZ: All right. I'll make a 3 motion that we set the tax rate -- is there any special 4 wording I have to use for this? Sometimes we have to say 5 things in an exact way. I don't think so. I'll make a 6 motion that we set the Kerr County tax rate for '05-'06, 7 M & O portion at .3587, Road and Bridge portion at .0309. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: Okay. Motion made and 10 seconded. Commissioner Letz, your proposal is to adopt a 11 tax rate? 12 COMMISSIONER LETZ: Right, that is correct. 13 JUDGE TINLEY: And as to each of those 14 components, does it include any applicable long-term debt 15 service provision for long-term debt service that may be due 16 during the coming budget year? 17 COMMISSIONER LETZ: Yes, that is included in 18 the M & O number. 19 JUDGE TINLEY: Okay. Any question or 20 discussion on the motion? All in favor of the motion, 21 signify by raising your right hand. 22 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 23 JUDGE TINLEY: All opposed, same sign. 24 COMMISSIONER NICHOLSON: Nay. 25 9-30-05 11 1 (Commissioner Nicholson voted against the motion.) 2 3 JUDGE TINLEY: The motion does carry by the 4 appropriate margin. 5 COMMISSIONER LETZ: Are we done? 6 JUDGE TINLEY: Any further business, 7 gentlemen? We'll stand adjourned. 8 (Commissioners Court adjourned at 11:15 a.m.) 9 - - - - - - - - - - 10 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my capacity as 16 County Clerk of the Commissioners Court of Kerr County, 17 Texas, at the time and place heretofore set forth. 18 DATED at Kerrville, Texas, this 5th day of October, 19 2005. 20 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 9-30-05