1 2 3 4 5 6 7 KERR COUNTY COMMISSIONERS COURT 8 Special Session 9 Tuesday, August 24, 2010 10 and 11 Special Session - Reconvened 12 Monday, August 23, 2010 13 10:00 a.m. 14 Commissioners' Courtroom 15 Kerr County Courthouse 16 Kerrville, Texas 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 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X August 24, 2010 2 PAGE 3 1.1 Public Hearing Regarding the calling of a bond election in the Section 9 Castle Lake 4 Ranch Subdivision Road District 3 5 1.2 Consider/discuss, take appropriate action on order calling a bond election in the Section 9 6 Castle Lake Ranch Subdivision Road District 4 7 1.3 Consider/discuss, take appropriate action in ordering general election for November 2, 2010 5 8 1.4 Consider/discuss, take appropriate action to 9 accept "Certification of Unopposed Candidates" And issue an order that the unopposed candidates 10 are elected 6 11 1.5 Consider/discuss, take appropriate action to authorize expenditure of capital funds in an 12 amount not to exceed $22,675 for improvements and related items to older portion of Kerr County 13 Juvenile Detention Facility for utilization as Kerr County Juvenile Probation Department offices 7 14 15 -------------------------------------------------------------- I N D E X 16 August 23, 2010 (Reconvened) PAGE 17 --- Special meeting of August 23, 2010 reconvened 12 18 1.10 Consider/discuss, take a record vote on proposed 19 2010 Kerr County tax rate; set dates and times of first and second public hearings on that tax rate 13 20 --- Adjourned 32 21 22 23 24 25 3 1 On Tuesday, August 24, 2010, at 10:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Okay. Let me call to order this 8 special meeting of the Kerr County Commissioners Court posted 9 and scheduled for this date and time, Tuesday, August 24th, 10 2010, at 10 a.m. It is a bit past that time now. The first 11 item on the agenda is a public hearing, so I will recess the 12 Commissioners Court at this time. 13 (The regular Commissioners Court meeting was closed at 10:05 a.m., and a public hearing was held in 14 open court, as follows:) 15 P U B L I C H E A R I N G 16 JUDGE TINLEY: And I will convene and open a public 17 hearing regarding the calling of a bond election in the 18 Section 9 Castle Lake Ranch Subdivision Road District. Is 19 there any member of the public that wishes to be heard with 20 respect to the calling of a bond election in the Section 9 21 Castle Lake Ranch Subdivision? 22 (No response.) 23 JUDGE TINLEY: Seeing no one coming forward, I will 24 close the public hearing regarding the calling of a bond 25 election in the Section 9 Castle Lake Ranch Subdivision Road 8-24-10 4 1 District. 2 (The public hearing was concluded at 10:05 a.m., and the regular Commissioners Court meeting was 3 reopened.) 4 - - - - - - - - - - 5 JUDGE TINLEY: And I will reconvene the 6 Commissioners Court, and we will go to Item 2; to consider, 7 discuss, and take appropriate action on order calling a bond 8 election in the Section 9 Castle Lake Ranch Subdivision Road 9 District. Commissioner Letz? 10 COMMISSIONER LETZ: Yes. I visited with several 11 residents of this proposed -- or this road district 12 yesterday, and they are still very much in favor of it. And 13 they didn't come because they would have had to take off work 14 to come to a public hearing this morning, and I said I didn't 15 think that was necessary. But I do need -- want to go 16 forward, and I will make a motion to order calling a bond 17 election in the Section 9 Castle Lake Ranch Subdivision Road 18 District -- should we give the date? For -- 19 MS. ALFORD: November 2nd. 20 COMMISSIONER LETZ: -- November 2nd, 2010. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for an 23 order calling a bond election in Section 9 Castle Lake Ranch 24 Subdivision Road District. I assume that's on the format as 25 attached to the agenda item? 8-24-10 5 1 COMMISSIONER LETZ: Yes, sir. 2 JUDGE TINLEY: All right. I have a motion and a 3 second. Is there any discussion, questions on the motion? 4 All in favor of the motion calling for an order calling a 5 bond election in Section 9 Castle Lake Ranch Subdivision Road 6 District, so indicate by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. We'll go to 11 Item 3; consider and discuss ordering a general election for 12 November 2, 2010. Ms. Alford? 13 MS. ALFORD: Yes, sir. This is the order for 14 calling the November 2nd election, for the general election 15 on November the 2nd that I need you to order, and sign the 16 order issuing the election. 17 COMMISSIONER LETZ: Move approval. 18 COMMISSIONER WILLIAMS: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the general election and approval of the order 21 calling for the general election for November 2, 2010. 22 Question or discussion on the motion? All in favor of the 23 motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-24-10 6 1 (No response.) 2 JUDGE TINLEY: That motion does carry. We'll go to 3 Item 4; to consider, discuss, and accept certification of 4 unopposed candidates and issue an order that the unopposed 5 candidates are, in fact, elected. Ms. Alford? 6 MS. ALFORD: Yes, sir. We have the following 7 candidates or offices that are on the ballot for November 8 that don't have an opposed candidate: The County Judge; 9 County Court at Law Judge; County Attorney, unexpired term; 10 District Clerk; County Clerk; County Treasurer; Commissioner, 11 Precinct 4; County Surveyor; Justice of the Peace, Precinct 12 1; Justice of the Peace, Precincts 2, 3, and 4. And this way 13 we can list the candidates on the ballot as unopposed, and we 14 won't have to have so many different ballot styles for the 15 general election and save some money. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval of the agenda item. Question or discussion on the 20 motion? All in favor of the motion, signify by raising your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. 8-24-10 7 1 MS. UECKER: Did I win? 2 JUDGE TINLEY: Let's now move to Item 5; to 3 consider, discuss, and take appropriate action to authorize 4 expenditure of capital funds in an amount not to exceed 5 $22,675 for improvements and related items to older portion 6 of Kerr County Juvenile Detention Facility for utilization as 7 Kerr County Juvenile Probation Department offices. 8 Mr. Davis? 9 MR. DAVIS: Thank you, Judge. It appears I'm being 10 evicted from the courthouse. There's unused space, as the 11 Court is aware, in the Juvenile Detention Facility, the empty 12 building. I was approached about the possibility of us 13 moving, if I had any opposition to that, which I do not. We 14 are not an essential courthouse function. We can be located 15 -- located pretty much anywhere. We're happy here, and we 16 would be happy there, wherever the Commissioners Court feels 17 is appropriate to place us, but if you would like us to move, 18 these are the numbers we're kind of looking at in order to 19 make that move, and I have breakdowns for you that I can 20 provide as to exactly what the expenditure would be. I would 21 tell you, worst case scenario, we're going to be about 22 $200,000 under our current budget for this year. Best case 23 scenario, Jeannie, three -- 24 MS. HARGIS: Three, four hundred. 25 MR. DAVIS: Three to four hundred thousand under 8-24-10 8 1 budget. And so I spoke with the Judge about using these 2 funds out of current Juvenile Board funds, and there were 3 some other reasons not to do that that the Judge and the 4 Auditor understand a little bit better than the Probation 5 Officer does, and they can explain that a little better than 6 I can. 7 JUDGE TINLEY: You're a little short of space down 8 there where you are anyway, aren't you? 9 MR. DAVIS: Very compact, yes, sir. This would 10 give us extra -- one extra office, plus classroom spaces, and 11 it would give us a lot of opportunity and availability to 12 house classes inside of the building at one location, keep 13 all juvenile services literally in one location, with the 14 exception of the court functions. 15 COMMISSIONER LETZ: The -- the portion of the 16 unused Juvenile Detention Facility would be the office 17 portions of that? 18 MR. DAVIS: Correct. Yes, sir, the front portions 19 or the non-secure portions. I think we had one classroom 20 that's in the secure portion and one restroom that we're -- 21 just right behind the office portion that we're looking at 22 using, basically for staff space. But all the classrooms and 23 the office spaces will be in the non-secure areas of the 24 building. 25 COMMISSIONER LETZ: Okay. 8-24-10 9 1 JUDGE TINLEY: And, Ms. Hargis, you found adequate 2 capital funds for these expenditures that will ultimately be 3 used to make improvements out there to that facility? 4 MS. HARGIS: Yes, sir, I did. 5 JUDGE TINLEY: Any other questions? 6 COMMISSIONER OEHLER: Opportunity for sale of that 7 has kind of gone by the wayside. 8 JUDGE TINLEY: Yeah. Yeah, it really has. Looks 9 like we may have an opportunity for -- the Legislature 10 convened last time, but they were put on sunset, rolled over 11 until next year, and who knows what's going to happen next 12 year. But the thought is that we're not going to pour so 13 much into it that -- that it'll be that hard to give up if 14 that opportunity comes down the road again. So, the 15 investment will be minimal, and it'll give them the 16 opportunity to be right there with the -- with the young 17 people that they serve. 18 COMMISSIONER OEHLER: Jason, how much space do you 19 have down there where you are now? Do you know? 20 MR. DAVIS: Square footage? No, sir, I do not 21 know. I can tell you that we have six offices downstairs and 22 the little lobby/reception area. As far as what the square 23 footage is, I do not know. The building out there has seven 24 offices plus a very large lobby and reception area. 25 COMMISSIONER OEHLER: Yeah. 8-24-10 10 1 MR. DAVIS: But I don't know the square footage, 2 I'm sorry. 3 COMMISSIONER OEHLER: Okay. 4 COMMISSIONER BALDWIN: Judge, he mentioned that he 5 had some moneys available, and -- but you -- you deem that 6 there's probably not -- lawfully not a proper way to spend 7 that money. What is -- what is that money for? 8 JUDGE TINLEY: The rationale was not that it 9 wouldn't lawfully be used, Commissioner. The rationale was 10 that we need as much in our M & O fund balances going 11 forward, and this would have that opportunity to do that, to 12 not utilize funds out of M & O, so as to carry those -- that 13 amount forward in the fund balances. Secondly, these funds 14 are going to be expended, really, for capital benefit, for -- 15 to improve a physical asset of the county, and so it was 16 thought to be more appropriate for that reason also. 17 COMMISSIONER BALDWIN: Okay. How much is that? 18 How much money do you have laying around? 19 MR. DAVIS: In which one? (Laughter.) 20 COMMISSIONER BALDWIN: Okay. The first two. 21 MR. DAVIS: As far as our county -- our state funds 22 are going to be pretty much expended. I might have -- 23 COMMISSIONER BALDWIN: You had mentioned that you 24 had some funds that were -- that you thought were available 25 for the move. 8-24-10 11 1 MR. DAVIS: At least $200,000. 2 COMMISSIONER BALDWIN: Thank you. 3 MR. DAVIS: Minimal, and probably closer to three. 4 I think by the end of the county fiscal year -- my state 5 fiscal year is ending this month. The end of the county 6 fiscal year, I think, conservatively -- very conservatively, 7 200,000, and maybe as high as 300,000 to 400,000, depending 8 on what our -- the variable there is going to be our housing 9 budget from out-of-county placements, and then what we have 10 in the Juvenile Detention Facility within the next 40 days. 11 That's going to be the biggest effect on why just a broad 12 number between 200,000 and 400,000, because we don't know 13 what our placement locally and out of county is going to be 14 in the next 40 days. 15 COMMISSIONER BALDWIN: Thank you. 16 JUDGE TINLEY: Any other questions for Mr. Davis? 17 COMMISSIONER BALDWIN: No, sir. 18 COMMISSIONER WILLIAMS: Move approval of the agenda 19 item. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion and second for approval of 22 the agenda item. Question or discussion? All in favor of 23 the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-24-10 12 1 (No response.) 2 JUDGE TINLEY: The motion does carry. 3 MR. DAVIS: Thank you, Commissioner. Thank you, 4 Judge. 5 JUDGE TINLEY: We have a carry-over item from 6 yesterday's court meeting that we can go into now. Let me 7 first ask if there's anything additional on the special 8 Commissioners Court agenda that needs to come before the 9 Court at this time? Hearing nothing, I will adjourn the 10 special Commissioners Court meeting pursuant to the agenda 11 posted for this morning, Tuesday, August 24th, 2010, at 12 10 a.m. 13 (The special Commissioners Court meeting was adjourned at 10:17 a.m., and the August 23rd, 2010 14 regular special meeting was reconvened.) 15 - - - - - - - - - - 16 JUDGE TINLEY: I will reconvene the Commissioners 17 Court meeting originally convened yesterday morning, and 18 there is at least one unfinished item there, possibly others 19 that the Commissioners want to go into. The one item that 20 was unfinished, I believe, is Item Number -- 21 MS. PIEPER: 10. 22 JUDGE TINLEY: -- 10, that being to consider, 23 discuss, take a record vote on proposed 2010 Kerr County tax 24 rate, set dates and times of the first and second public 25 hearings on that tax rate. 8-24-10 13 1 COMMISSIONER LETZ: Judge, on the workshop, did we 2 recess that? Or -- or are we -- are we in a workshop format 3 also, so we can do a workshop before the proposed tax rate? 4 COMMISSIONER WILLIAMS: Almost have to. 5 COMMISSIONER LETZ: I mean, that's -- I can't 6 remember what we did yesterday, so I'm asking -- hopefully we 7 recessed. 8 JUDGE TINLEY: My recollection is that we recessed 9 the workshop to keep our options open. Is the Court's 10 preference that we go back to a workshop mode? 11 COMMISSIONER LETZ: My preference is. 12 COMMISSIONER BALDWIN: Sure. 13 JUDGE TINLEY: At this time, I will recess the 14 Commissioners Court meeting that was carried over from 15 yesterday, and I will reconvene the workshop that was 16 originally convened yesterday at 1:30. 17 (The special meeting was recessed at 10:18 a.m. And a budget workshop was held, the transcript of 18 which is contained in a separate document.) 19 - - - - - - - - - - 20 JUDGE TINLEY: I will now resume the Commissioners 21 Court meeting that was recessed from yesterday, and 22 specifically, as to Item -- 23 COMMISSIONER WILLIAMS: 10. 24 JUDGE TINLEY: -- 10; consider, discuss, take a 25 record vote on proposed 2010 Kerr County tax rate, set dates 8-24-10 14 1 and times of the first and second public hearings on said tax 2 rate. First off, let me ask Ms. Bolin, the public hearings 3 that you were proposing to be set, what are the dates on 4 those? 5 MS. BOLIN: Are we using the drop-dead calendar? 6 JUDGE TINLEY: Certainly could. 7 MS. BOLIN: Okay. 8 JUDGE TINLEY: The way this budget is getting 9 firmed up, we better be using that. 10 MS. BOLIN: Okay. The meeting of the governing 11 body to discuss the tax rate, we don't even actually have to 12 have that until September the 10th, so you have another week 13 and a half if you couldn't -- or two weeks that you could 14 discuss the rate if you wanted to. And then that would put 15 us holding one public hearing on the 20th, the second on the 16 24th, and then the adoption on the 29th of September. 17 JUDGE TINLEY: So, what you're saying is, if we 18 wish to pass this agenda item today, we could either do that, 19 or we could go forward and go ahead and set the tax rate? 20 MS. BOLIN: Yes, sir. 21 COMMISSIONER OEHLER: The proposed tax rate. 22 JUDGE TINLEY: Yeah, proposed tax rate. 23 MS. BOLIN: Correct. 24 JUDGE TINLEY: But reserve the adoption until way, 25 way, way late in September? 8-24-10 15 1 MS. BOLIN: 29th of September. 2 JUDGE TINLEY: Put the public hearings at the 3 drop-dead dates in September. 4 COMMISSIONER LETZ: At the -- if we set the -- do 5 set a proposed tax rate today, we can always set it at a 6 lower level, correct? 7 JUDGE TINLEY: We can adopt a lower tax rate, 8 that's correct. 9 COMMISSIONER OEHLER: Than the proposed. 10 COMMISSIONER LETZ: Than the proposed. 11 JUDGE TINLEY: Yeah. 12 COMMISSIONER LETZ: But we can't -- is today our 13 deadline for setting a higher proposed -- 14 MS. BOLIN: September the 10th would be the final 15 date to stay in line with the publication. 16 COMMISSIONER LETZ: I don't see the advantage to 17 setting a tax rate today. 18 COMMISSIONER BALDWIN: I don't either. We've 19 always done it this way, though. (Laughter.) 20 COMMISSIONER LETZ: I'm trying to figure out -- 21 because, I mean, I'd rather try to, 'cause I don't think we 22 are there yet. 23 COMMISSIONER OEHLER: I agree with you. You and I 24 agree again. Which is pretty -- it's pretty normal, mostly. 25 COMMISSIONER BALDWIN: Buzzie's is open. 8-24-10 16 1 COMMISSIONER OEHLER: That's right, this is 2 Tuesday. 3 COMMISSIONER LETZ: But on -- well, Chair, when are 4 we going to have our next meeting to discuss the budget? I'm 5 not sure what more is going to be discussed at that one than 6 we did at this one. But, you know, I think we need to -- 7 JUDGE TINLEY: We can have it this afternoon or 8 tomorrow, if you choose. 9 COMMISSIONER OEHLER: This afternoon. 10 COMMISSIONER LETZ: This afternoon I'm -- 11 COMMISSIONER OEHLER: Not tomorrow for me. 12 COMMISSIONER LETZ: I can't be here this afternoon. 13 COMMISSIONER OEHLER: I'll be out of town the rest 14 of the week. 15 COMMISSIONER LETZ: But we've talked about it for a 16 little over two hours this morning. 17 MS. HARGIS: Keep in mind, we have to have a 18 document that is correct on the 29th, and if you give me one 19 day, there's no way to work 24 hours to day to get these 20 numbers in. There's no way. 21 COMMISSIONER LETZ: Well, I understand that. But I 22 think that -- I mean, what I'm hearing as an overall -- 23 MS. HARGIS: We do have a time frame on the budget, 24 though. We have to give it to the County Clerk within so 25 many days before the public hearing. 8-24-10 17 1 COMMISSIONER OEHLER: It seems to me that we all 2 basically -- I think we basically all agree, or the majority 3 of us, anyway, on what we have to do and what things we want 4 to see budget look like, how it's going to look and what's 5 going to be -- what we're proposing to cut out of it that's 6 been proposed, and how we have planned to get some surplus 7 funds, hopefully, by some of those savings. And as far as 8 the budget part goes, I don't see much disagreement amongst 9 us. I mean, I think we're pretty well -- I think we're 10 pretty well in line on the insurance. I mean, is that what 11 everybody -- 12 COMMISSIONER WILLIAMS: We put the insurance to 13 bed. We've done that. 14 COMMISSIONER OEHLER: Insurance, I think that was a 15 big one, and the plan that Eva brought the other day of the 16 increase on employees' contribution, and also a higher rate 17 for the dependent children -- is that what I remember? 18 MS. HARGIS: Mm-hmm. 19 COMMISSIONER OEHLER: Is that what we kind of agree 20 on? 21 COMMISSIONER WILLIAMS: It got us down to 2.2 22 million. 23 COMMISSIONER OEHLER: We're either going to accept 24 it or -- 25 JUDGE TINLEY: I don't know that we got a -- we've 8-24-10 18 1 got the plan solidified. All we have solidified is the 2 number. 3 COMMISSIONER OEHLER: Yeah, it's just a number. 4 JUDGE TINLEY: 2.287. Now, how that plugs into 5 what we eventually adopt as part of a plan may be something 6 totally different. 7 COMMISSIONER OEHLER: Well, it's just a number to 8 plug in, which is basically 2.2 -- whatever. 9 JUDGE TINLEY: 87. 10 COMMISSIONER OEHLER: 87. I think that number, we 11 somewhat agree on. Am I right about that? 12 COMMISSIONER WILLIAMS: Right. 13 COMMISSIONER OEHLER: So the other thing is, you 14 know, we've discussed taking some stuff out of the budget. I 15 think we're pretty well in agreement with most of that. I 16 think the fire contract with the City is now maybe a little 17 more up in the air than it was. From my perspective, it's 18 not, but Commissioner 1 is the most affected by that, so I'm 19 going to yield to his decision on that one. We say we're 20 going to hope that -- you know, we put a hiring freeze on, 21 and we know that that's going to net a few; we don't know how 22 many. We've also just said that we plan to have a reduction 23 in staff, either by attrition or by letting some people go, 24 by January. Up to 10, is what I heard. So, you know, I 25 really -- we took out all the -- all the salary increases 8-24-10 19 1 except for the longevities and the law enforcement education; 2 is that correct? 3 MS. HARGIS: Can we go over those real quickly? 4 Let's go to Page 28. These are the ones we talked about 5 yesterday. We'll go to the bottom ones first, which are not 6 Road and Bridge. We did the two certifications, because 7 those were education; we said we had to do education. And we 8 had the one on the maintenance worker, and then the one in 9 the crime prevention. That totals 6,375. The roll-ups on 10 that are 1,195, for a total of $7,569.68. I don't think 11 there was a true consensus on the ones on the top, so I need 12 for you to tell me those. The first two, yes. We had a 13 maybe on the third one. 14 COMMISSIONER OEHLER: I think as far as the third 15 one goes, we still need to discuss that another way. The 16 first two, I -- I don't have a problem with. 17 COMMISSIONER LETZ: I agree with Commissioner 18 Oehler. 19 COMMISSIONER BALDWIN: Can you tell me what the 20 first two are? 21 MS. HARGIS: The first two is the mechanic that we 22 need to be in compliance, and then the second one is the 23 pesticide license. 24 COMMISSIONER OEHLER: Which basically to me is the 25 same thing as educational, law enforcement, or longevity. 8-24-10 20 1 COMMISSIONER WILLIAMS: That's right. 2 COMMISSIONER OEHLER: Whatever. Educational. And 3 the other one, I think that one has to be resolved in another 4 manner. 5 MS. HARGIS: Okay. I can at least then plug these 6 in so we know what our bottom line is. 7 COMMISSIONER LETZ: Right. 8 MS. HARGIS: The next page which we were on is 29. 9 There was a great deal of discussion, but I need you to tell 10 me. Are we going the do the pass-throughs or not do the 11 pass-throughs? If we are going to do -- 12 MS. HYDE: Let's do all the pass-throughs. Is that 13 what you all said and agreed to? Or was it still split, 14 since it's a pass-through? 15 COMMISSIONER OEHLER: Do what? 16 COMMISSIONER LETZ: Pass-through. 17 COMMISSIONER OEHLER: Oh, pass-through. The only 18 true pass-through that I'm being told would be the J.P.'s. 19 COMMISSIONER WILLIAMS: Right. 20 COMMISSIONER OEHLER: The other one is not a 21 pass-through. That would take revenue away from the county. 22 Is that the way you understand it? 23 COMMISSIONER WILLIAMS: Mm-hmm. 24 COMMISSIONER LETZ: Well, it's a pass-through on 25 the J.P.'s. 8-24-10 21 1 COMMISSIONER OEHLER: That's what I'm saying. 2 COMMISSIONER LETZ: If we raise the rate and -- in 3 our minds, anyway, 'cause it's not -- I mean, 4 accounting-wise, it doesn't -- you can't do it, but we raise 5 the housing rate to a point that it covers that cost. 6 SHERIFF HIERHOLZER: That's correct. 7 COMMISSIONER LETZ: It's not -- I mean, it's not a 8 true pass-through. 9 SHERIFF HIERHOLZER: Only thing I have to say, when 10 we raise that housing rate, okay, we have one rate normally 11 set on all of them. Now, say we did drop in population, we 12 started housing Gillespie County's again or some of those 13 other ones. All those contracts would have to be redone, 14 because you are raising that rate. 15 COMMISSIONER LETZ: Right. 16 SHERIFF HIERHOLZER: That's a one-day rate. It's 17 also raising the housing rate for the city of Ingram, any of 18 the arrestees at Ingram. They pay that same one-day housing 19 until the city magistrates them. 20 COMMISSIONER OEHLER: Ain't any criminals in 21 Ingram. (Laughter.) 22 COMMISSIONER LETZ: Sheriff, do you think -- 23 SHERIFF HIERHOLZER: But that's what -- it's 24 actually a prisoner housing rate. It was meant for -- 25 COMMISSIONER LETZ: I think in the fair -- in the 8-24-10 22 1 interest of being truthful, I think, for the city -- the 2 agreement with the city of Ingram and city of Kerrville, we 3 would have to say housing and magistration, and the 4 magistration rate is a separate item. And if they choose to 5 do their own magistration, that isn't charged on this 6 prisoner. I mean -- 7 SHERIFF HIERHOLZER: I don't know if there would be 8 any -- 9 COMMISSIONER LETZ: I don't want to call it housing 10 and have it really not be housing. 11 SHERIFF HIERHOLZER: I don't know if there would be 12 any legal implications in changing it from a housing to a 13 housing and magistration. I don't know. 14 COMMISSIONER LETZ: Or housing and other expenses 15 or something. I just don't want -- I don't want to have it 16 say it's housing, and have us know that it's not just 17 housing, if that makes sense. I'll defer to the County 18 Attorney to keep us out of issues with that one. 19 JUDGE TINLEY: Good point. 20 COMMISSIONER OEHLER: Call it what it is. 21 COMMISSIONER LETZ: Yeah. 22 SHERIFF HIERHOLZER: And the other thing is, if we 23 determine that -- and the City may push this even more. You 24 know, if you determine that Class C misdemeanors do not have 25 to be magistrated, you're not going to have the increase. 8-24-10 23 1 COMMISSIONER OEHLER: How do we -- 2 COMMISSIONER LETZ: How do they get out of jail? 3 SHERIFF HIERHOLZER: Well, I mean -- 4 COMMISSIONER OEHLER: How do we not get them put in 5 jail? 6 SHERIFF HIERHOLZER: Class C's normally have a set 7 bond prior to them being there, so -- but they won't have to 8 see the judge. The City's going to argue most of ours are 9 Class C's. 10 COMMISSIONER WILLIAMS: Y'all can argue, but if we 11 don't magistrate Class C's any more, you don't have that 12 magistration cost. 13 JUDGE MITCHELL: I'm confused. 14 SHERIFF HIERHOLZER: If you put it in, you're going 15 to have an issue. 16 JUDGE MITCHELL: That would be -- that would be 17 great, but I'm still confused. I thought we had to 18 magistrate everyone. 19 SHERIFF HIERHOLZER: We do, and have always, as a 20 policy, just to insure that the bonds are set right and that. 21 There may be a legal difference, just like a violation of 22 probation, or -- you know, they've already gone through the 23 system, those have. On Class C's, normally your magistration 24 is insurance to insure that they have a right to an attorney, 25 but it also goes along with the question of those people in 8-24-10 24 1 regards to that offense, and there's been rulings both ways. 2 And that's what I asked the County Attorney to look at. But 3 if they did do that, then we wouldn't have the magistration 4 numbers to have that pass-through. 5 JUDGE MITCHELL: Well, then, I look at it as that 6 way, if they did do that, then you could take it away. 7 Simple. If you give it, you take it. 8 COMMISSIONER LETZ: However it works out, we're 9 magistrating. They're still -- if they're class C's; they 10 need to pay for it, or we don't do it. 11 SHERIFF HIERHOLZER: I think the best option on all 12 this is what a lot of sheriffs departments are doing, and I 13 mentioned it to Judge Tinley, is a processing fee on city 14 arrests in the county jails. 15 COMMISSIONER LETZ: That's fine. How you get 16 there -- 17 SHERIFF HIERHOLZER: That's a whole separate fee. 18 There is no -- no -- and that's what I've asked Rob to look 19 at. There is no set basis right now on whether counties can 20 do that or not, but that would cover what it costs to process 21 any arrestees done by a city or anybody else other than your 22 county agency on putting them into a county jail. 'Cause 23 used to, cities had their own holding cells. Austin still 24 has theirs, but they're looking at 48 hours and they ship 25 them out if they hold them longer. And so that, you know, 8-24-10 25 1 once the city closed down theirs here back in the '70's, the 2 county just kind of absorbed it and never really went with a 3 processing fee. I think you need to look at that. 4 MS. HARGIS: Let me make a suggestion, 'cause I 5 don't think we're going to resolve this today. Gentlemen, 6 you just need to get this in there so we can look at it, 7 because it's going to be a revenue and offset for me right 8 now. If you just decide before we finish the budget, then 9 we'll take it out. So, I'm going to put that one in. 10 COMMISSIONER LETZ: Okay. 11 MS. HARGIS: Because I'm going to put the revenue 12 to offset the expense, okay? 13 COMMISSIONER LETZ: Okay. 14 MS. HARGIS: So let me put that one in. And I 15 believe, then, on Page 30 there is none. And I just wanted 16 to be sure, there's no raises for any department heads? 17 COMMISSIONER LETZ: Right. 18 MS. HARGIS: Commissioner Baldwin? 19 COMMISSIONER BALDWIN: Why are you looking at me? 20 MS. HARGIS: You're frowning at me, so I'm frowning 21 back. 22 SHERIFF HIERHOLZER: Only thing I'm asking is my 23 chief's going to make more than I am this year. I will ask 24 that. 25 COMMISSIONER LETZ: Not if there's no COLA. Or 8-24-10 26 1 even if there is a COLA or no COLA, it shouldn't -- isn't 2 going to change. 3 SHERIFF HIERHOLZER: He's due for longevity. 4 COMMISSIONER LETZ: Just have to cut his -- 5 SHERIFF HIERHOLZER: He's got a longevity, and 6 we're already in violation of the current court order. 7 MS. HARGIS: Let's go to 32. Just a minute, Rusty, 8 please. Here is the two different COLA's there for you to 9 look at and review. Since you're not making a decision 10 necessarily on this today, this is a review page that you can 11 look at. The left side will be the 2 percent COLA. The 12 right side will be the 2.5. 13 COMMISSIONER LETZ: Well, I think we can -- I think 14 I know you're a "no COLA" down here. 15 COMMISSIONER OEHLER: I'm an old Scrooge. 16 COMMISSIONER LETZ: I mean, I'm -- I would like to 17 do a 2 percent COLA, and I'm -- but it's on the table still a 18 little bit, in my mind. I don't know where the rest of the 19 Court is. 20 COMMISSIONER WILLIAMS: Say it again? 21 COMMISSIONER LETZ: I'm on a 2; I'd like to do a 2 22 percent, which helps offset the insurance costs some. But 23 after the attrition, reduction in staff, this is the first 24 thing on the table, in my mind. And I think there's some of 25 the -- there needs to be some reductions also in the -- what 8-24-10 27 1 do you call it, County-sponsored? What do you call that one, 2 Buster? What's your item? 3 COMMISSIONER WILLIAMS: County-sponsored. 4 COMMISSIONER BALDWIN: County-sponsored is the way 5 it's listed in the budget. 6 COMMISSIONER LETZ: Okay. I think we need to look 7 at that. 8 MS. HARGIS: I will -- might I suggest, I'll print 9 that page out for y'all so you can look at it. And you give 10 that back to me, and I'll plug in the little -- the small 11 additions that we have here today so we can see what the 12 bottom line looks at. And if I'm taking your direction, the 13 fire truck is to be put on the agenda, so I'm leaving that in 14 there as it is today. And it's still in there. And -- 15 COMMISSIONER LETZ: It's in there as if the 16 contract is included? Or not included? 17 MS. HARGIS: Yes, the contract is in there. And 18 I'll print that out as well so that you can look at that. I 19 really feel like we need to finite down, because I really 20 don't have any direction. I'm not really changing. Also, if 21 we're going to do a COLA, I have to have time to publish the 22 elected officials in the newspaper. I do have to publish a 23 notification on the budget, and that has to be in there 30 24 days before you approve that, so there are some time frames 25 that I have to have. Is it 30 or -- 8-24-10 28 1 JUDGE TINLEY: Not 30; doesn't require that much 2 advance, I don't think. 3 MS. HARGIS: Remember the piece of paper that we 4 have to put -- that has to be in a certain place that we 5 have, "This is the budget as presented." I think we have to 6 have it to the clerks at least 10 days before the public 7 hearing. But I have to have some time to get those things 8 done. The paper won't -- you know, to get it to the paper. 9 JUDGE TINLEY: If you want to go ahead and put the 10 budget in final form to include what you've talked at a 2.5, 11 I'll file that budget. We'll have that requirement out of 12 the way. 13 MS. HARGIS: Okay. 14 COMMISSIONER BALDWIN: There's your leadership 15 right there, boys and girls. "If you jerks can't do it, I'll 16 do it myself." Basically what he's saying. (Laughter.) 17 COMMISSIONER OEHLER: He's got you outweighed, 18 doesn't he? 19 MS. UECKER: What did y'all decide on that third 20 Road and Bridge request? 21 MS. HARGIS: They did not -- 22 COMMISSIONER OEHLER: We don't know how that's 23 going to be handled. 24 COMMISSIONER LETZ: It's not included right now. 25 MS. HARGIS: I think I have my direction. At least 8-24-10 29 1 I can put these numbers in, get them back to you, and so you 2 can see what the bottom line would look like. 3 COMMISSIONER LETZ: And I think if we have -- 4 just -- I think if we put the items you talked about, the 5 County-sponsored, some of these at our next workshop where we 6 stay focused on those particular items, we ought to be able 7 to get through this in one more workshop. 8 JUDGE TINLEY: Are you going to be the policeman 9 that keeps us focused? 10 COMMISSIONER LETZ: No, that's your job. That's 11 your job. If I get mad, I'll walk out. 12 COMMISSIONER WILLIAMS: So, when's our next budget 13 workshop? 14 JUDGE TINLEY: Oh, boy. 15 COMMISSIONER OEHLER: Afternoon is fine with me. 16 COMMISSIONER LETZ: That's good. 17 MS. HARGIS: Monday? 18 COMMISSIONER LETZ: Monday. I mean, my preference 19 would be to have a couple days in between, so we can have a 20 couple days in between. 21 COMMISSIONER OEHLER: If we do it Monday, then we'd 22 have -- if we're going to upset one of the adoption dates for 23 the following meeting, that'll give that much time -- 24 COMMISSIONER LETZ: To get it posted, or agendas 25 and all that. Okay. 8-24-10 30 1 COMMISSIONER BALDWIN: I beg you to do it Tuesday. 2 COMMISSIONER OEHLER: Tuesday? I don't care. 3 COMMISSIONER LETZ: That's fine. 4 COMMISSIONER BALDWIN: Tuesday. 5 JUDGE TINLEY: Tuesday afternoon? 6 COMMISSIONER LETZ: That's fine. 7 JUDGE TINLEY: Either that, or how much time are we 8 going to need for that workshop? 9 COMMISSIONER OEHLER: I can't imagine -- 10 JUDGE TINLEY: Couple hours? 11 COMMISSIONER LETZ: Hour, two hours at most. Just 12 because Commissioner Oehler talks so much. 13 COMMISSIONER OEHLER: Yeah, well, I've pretty well 14 said my piece. 15 JUDGE TINLEY: We're going to count the words in 16 the record, Commissioner, and we'll come back with you on 17 that. 18 COMMISSIONER LETZ: 'Cause no one else says 19 anything. 20 COMMISSIONER BALDWIN: Reduce everything in 21 Precinct 3 by the word. See? Yeah. 22 COMMISSIONER OEHLER: Actually, yesterday everybody 23 was quiet on the other end of the table. 24 JUDGE TINLEY: Let's go for August 31st at 10 a.m. 25 That's a week from today. 8-24-10 31 1 COMMISSIONER OEHLER: What time? 2 COMMISSIONER LETZ: 10:00. 3 JUDGE TINLEY: 10 a.m. 4 COMMISSIONER OEHLER: Okay. 5 COMMISSIONER BALDWIN: What about Buzzie? 6 JUDGE TINLEY: We can invite Buzzie. 7 COMMISSIONER OEHLER: Depends on who's buying. 8 COMMISSIONER BALDWIN: We'll just invite him over 9 here. 10 COMMISSIONER LETZ: Okay. 11 COMMISSIONER WILLIAMS: August 31. 12 COMMISSIONER OEHLER: Ojeda's still here. 13 COMMISSIONER BALDWIN: 10 o'clock. 14 MS. HARGIS: I'll e-mail you those specific pages 15 and the last page of the budget so that you can be able to 16 see what the bottom line is. 17 COMMISSIONER OEHLER: That would be nice. 18 JUDGE TINLEY: Anything else, gentlemen? 19 THE CLERK: Judge, are we just going to recess on 20 this item, or are you going to put it back -- 21 JUDGE TINLEY: I'll handle it. 22 COMMISSIONER LETZ: Leave it hanging. 23 JUDGE TINLEY: Anything else to come before the 24 Court this meeting? 25 COMMISSIONER WILLIAMS: No, sir. 8-24-10 32 1 JUDGE TINLEY: We'll be adjourned. 2 (Commissioners Court adjourned at 12:29 p.m.) 3 - - - - - - - - - - 4 5 6 7 STATE OF TEXAS | 8 COUNTY OF KERR | 9 The above and foregoing is a true and complete 10 transcription of my stenotype notes taken in my capacity as 11 official reporter for the Commissioners Court of Kerr County, 12 Texas, at the time and place heretofore set forth. 13 DATED at Kerrville, Texas, this 27th day of August, 14 2010. 15 16 JANNETT PIEPER, Kerr County Clerk 17 BY: _________________________________ Kathy Banik, Deputy County Clerk 18 Certified Shorthand Reporter 19 20 21 22 23 24 25 8-24-10