1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 27, 2010 11 9:00 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 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X September 27, 2010 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action on annual courthouse lighting agreement between 5 Kerrville Christmas Lighting Corporation and Kerr County 8 6 1.2 Consider/discuss, approve amending Court Order 7 No. 31821 for election judges and alternates for the term of one year in accordance with Texas 8 Election Code, Section 32 12 9 1.3 Consider/discuss, take appropriate action to discuss concept plan for Site 12 of J.L. Nichols 10 Subdivision, Precinct 4 13 11 1.4 Consider/discuss, take appropriate action to discuss concept plan for revision of plat for 12 Lot 4-B of Audubon Place and 4.89 acres at 166 Doris Drive, Precinct 4 23 13 1.5 Public hearing for revision of plat of Tract 3 14 of Creekwood III Subdivision and Tract 6 of Creekwood IV Subdivision 30 15 1.9 Consider/discuss, take appropriate action on 16 Forfeiture Report for Constable, Precinct 3 31 17 1.10 Consider/discuss, review county investment policy and take appropriate action to make any 18 necessary or desired changes to such investment policy 32 19 1.6 Public hearing for installing a stop sign at 20 the intersection of Christian Drive and Mountain Drive, Precinct 1 33 21 1.11 Consider/discuss, take appropriate action to 22 adopt the position schedule, step and grade schedule, and general provisions of Kerr County 23 budget for FY 2010-11 33 24 1.7 Consider/discuss, take appropriate action for final approval for installing a stop sign at the 25 intersection of Christian Drive and Mountain Drive, Precinct 1 41 3 1 I N D E X (Continued) September 27, 2010 2 PAGE 1.8 Consider/discuss, take appropriate action to 3 approve electrical, plumbing, HVAC, and pest control contracts 42 4 1.12 Consider/discuss, take appropriate action to 5 adopt elected officials' salaries for FY 2010-11 43 6 1.13 Consider/discuss, take appropriate action on FY 2010-11 budgets and fiscal, capital expenditure 7 and personnel matters related thereto for various county departments 45 8 1.14 Consider/discuss, take appropriate action on 9 joining TCPN Cooperative Purchasing Network and authorizing County Judge to execute resolution 10 and interlocal agreement of same 50 11 1.15 Consider/discuss, take appropriate action on requesting HR Director to contact TCPN to receive 12 a quote for Kerr County Health Insurance and Health Benefits Administration 52 13 1.21 Consider/discuss, take appropriate action to 14 provide updated information of incident at airport that released raw sewage at Dugosh 15 Aviation and other possible sites at airport 54 16 1.16 Public Hearing on FY 2010-11 Kerr County budget 58 17 1.22 Consider/discuss, take appropriate action to amend Resolution #31771, adopted by Kerr County 18 Commissioners Court on June 14th, 2010, to include one additional Hill Country Telephone 19 exchange not previously provided 61 20 1.23 Consider/discuss, take appropriate action on Change Order #1 with Southwest Fabricators for 21 Hill Country Youth Exhibit Center Rodeo Arena 62 22 1.25 Consider/discuss, take appropriate action regarding obtaining aviation liability insurance 23 for Kerrville/Kerr County Municipal Airport 63 24 1.17 Consider/discuss, take appropriate action to adopt FY 2010-11 Kerr County budget 67, 25 145 4 1 I N D E X (Continued) September 27, 2010 2 PAGE 1.18 Consider/discuss, take appropriate action to 3 adopt 2010 Kerr County tax rate, to include maintenance and operations, interest and 4 sinking, and lateral roads tax rate 75, 128, 152 5 1.19 Consider/discuss, take appropriate action to adopt 2010 Lake Ingram Road District tax rate 97 6 1.24 Consider/discuss, take appropriate action to 7 approve TCDP Contract #728065 between Kerr County and Lupe Rubio Construction Company, Inc., for 8 construction of Kerrville South Wastewater Project, Phase IV; authorize County Judge to sign same 98 9 1.26 Consider/discuss, take appropriate action to 10 approve contract with ProSouth Construction, Inc., for repairs to Flat Rock Lake Dam and Ingram Dam 100 11 1.27 Consider/discuss, take appropriate action to 12 set a meeting with the City of Kerrville to discuss City/County joint functions 101 13 1.20 Consider/discuss, take appropriate action to 14 accept and approve requests from elected officials and department heads for appropriate 15 office staff pursuant to LGC 151 106, 156 16 4.1 Pay Bills 110 17 4.2 Budget Amendments 112 4.3 Late Bills 116 18 4.4 Approve and Accept Monthly Reports 117 19 5.1 Reports from Commissioners/Liaison Committee Assignments 118 20 1.28 Consider/discuss, take appropriate action on 21 property acquisition in east Kerr County for a Road and Bridge equipment yard 120 22 1.29 Consider/discuss, take appropriate action on 23 acquisition of right-of-way on Hermann Sons Road on Highway 27 123 24 --- Adjourned 163 25 5 1 On Monday, September 27, 2010, at 9:00 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: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, September 27th, 2010, at 9 a.m. It is 11 that time now. Commissioner Williams? 12 COMMISSIONER WILLIAMS: Will you please rise and 13 join me for a word of prayer, followed by the pledge of 14 allegiance to our flag. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. At this time, if there's 17 any member of the public or audience that wishes to be heard 18 on a matter which is not a listed agenda item, this is your 19 opportunity to be heard. If you wish to be heard on an 20 agenda item, we'd ask that you fill out a participation form. 21 Should be some located at the rear of the room. That gives 22 me an opportunity to know that there is someone that wishes 23 to be heard on that from the audience or the public, and 24 hopefully I won't miss you that way. If you don't happen to 25 fill out a participation form and wish to be heard on an 9-27-10 6 1 agenda item, when that item is called, get my attention in 2 some manner; I will give you the opportunity to be heard. 3 But right now, if there's any member of the audience or 4 public that wishes to be heard on any matter that is not a 5 listed agenda item, this is your opportunity. Come forward, 6 give us your name and address, and tell us what's on your 7 mind. Seeing no one coming forward, we'll move on. 8 Commissioner Williams, do you have anything for us this 9 morning? 10 COMMISSIONER WILLIAMS: Yes, I do, Judge. I got a 11 notification from our good friends at Grantworks that -- that 12 you will be receiving later this week a letter from the Texas 13 Department of Rural Affairs announcing that Kerr County is 14 the recipient of a 2010 Colonias grant in the amount of a 15 quarter of a million dollars. And we knew about this, 'cause 16 we filed for it some time ago. I thought maybe it had gone 17 away, but it hadn't. It will be a quarter of a million 18 dollars. It is for the purpose of replacing failing septics 19 in areas where no planned sewer is -- is in the works for the 20 immediate or distant near future. Specifically, some of the 21 areas that are to be covered are western Kerrville South, 22 Spanish Oaks, Tierra Vista and in that area, Wood Creek, some 23 of Hill River Country Estates. And that one, while it is in 24 the ultimate plan for the Center Point project, is way down 25 in Phase 2, and if we have some problem areas out there, we 9-27-10 7 1 probably ought to take care of them right now. Westwood Oaks 2 near Comfort, and Blueridge/Lafayette, which, as you know, 3 Commissioner, was part of the sewer by the city in a previous 4 grant. I've been in touch -- Ray and I have talked about 5 this on several different occasions, and he will begin the 6 process of putting together a plan so that when we get the 7 official notification from T.D.R.A., we can have a plan in 8 place. We can ask them to tweak it, see if it meets their 9 standards and the things they wish to try to accomplish. 10 That's pretty good, though, a quarter of a million to help 11 people who could not otherwise help themselves with failing 12 septics. 13 JUDGE TINLEY: Anything else, Commissioner? 14 COMMISSIONER WILLIAMS: No, sir. 15 JUDGE TINLEY: As a matter of fact, I did get the 16 letter. 17 COMMISSIONER WILLIAMS: Did you? 18 JUDGE TINLEY: And I suspected that you were going 19 to be making that announcement. I told Jody to be sure to 20 bring that letter to your attention. It's in her stack that 21 I worked on over the weekend. So -- 22 COMMISSIONER WILLIAMS: Thank you. 23 JUDGE TINLEY: So we've got the official 24 notification. 25 COMMISSIONER WILLIAMS: We got it. Good enough. 9-27-10 8 1 JUDGE TINLEY: Commissioner Letz, do you got 2 anything for us this morning? 3 COMMISSIONER LETZ: Just a lot of budget stuff on 4 the agenda and a bunch of other stuff. Let's get to work. 5 JUDGE TINLEY: Commissioner Oehler? 6 COMMISSIONER OEHLER: Well, I attended the annual 7 stock show fundraiser on Saturday night, and, you know, 8 sometimes we don't maybe listen close enough or watch what's 9 going on with some of the businesses in our -- in our county. 10 And I talked to one of the business owners at the function on 11 Saturday night, and seems that his problems are like so many 12 others. He had 30 employees that -- they're a 75-year-old 13 business. He's turned all but 18 of them loose. His sales 14 are down 75 percent in the last six months, and thinking 15 about cutting his staff even smaller. So, it's real. It's 16 not something that's just talked about. And he's doing 17 whatever he can just to try to keep his employees. Anyway, 18 that's it. 19 JUDGE TINLEY: Commissioner Baldwin? 20 COMMISSIONER BALDWIN: No, sir, not a thing. Thank 21 you. 22 JUDGE TINLEY: Okay. We got a pretty long agenda; 23 let's get on with it. The first item is a 9 a.m. timed item. 24 Number 1, consider, discuss, and take appropriate action on 25 annual courthouse lighting agreement between Kerrville 9-27-10 9 1 Christmas Lighting Corporation and Kerr County. Mr. Amerine? 2 MR. AMERINE: I'll Bill Amerine. I'm representing 3 the Kerrville Christmas Lighting Corporation, which is a 4 501(3)(c). We operate strictly off donations and support our 5 efforts through volunteers. Every year we have a contract 6 that we renew with the County that would allow us to put up 7 Christmas displays and maintain them during the Christmas 8 season or holiday season, and then take them down in January. 9 And what's before you is that updated contract. There were 10 some changes provided by the County Attorney, which we are 11 completely comfortable with. One of the things that he 12 wanted us to provide the County was an insurance certificate 13 showing that we have proper insurance for liability and 14 injury. The only thing I do have to add to that, which we 15 will take care of today, is making sure that the additional 16 insured is Kerr County and any of their employees that might 17 be assisting us. So, the insurance is in place; we just need 18 to add the additional insured. So, with that, I'm thrilled 19 to answer any questions. 20 COMMISSIONER WILLIAMS: Move approval. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Question or discussion? 24 COMMISSIONER BALDWIN: Bill, what is our time frame 25 of setting up and tearing down? 9-27-10 10 1 MR. AMERINE: We'll start the first week in 2 October. We usually finish in two weeks. Last year, because 3 we were putting up the new wreaths and some new displays, it 4 took four weeks in October. Has to be done before the 5 Christmas celebration parade through the downtown area. So, 6 we'll schedule four weekends in October to do the work, and 7 hopefully be done by the third weekend. 8 COMMISSIONER WILLIAMS: Any major changes to the 9 lighting design this year? 10 MR. AMERINE: We are putting in about $2,000 worth 11 of additional LED lights, which save a ton of energy. We 12 started that effort last year, and pretty much every display, 13 with the exception of the perimeter lights and the swags on 14 the side of the buildings, will be LED lights. Next year -- 15 and I don't know if anybody from KPUB is in here, but they 16 actually offset some of our cost this year because they do 17 have money set aside for energy efficiency projects, which we 18 fit right into, so that saved us a lot. Next year we'll try 19 to get all the swags and the perimeter lights on LED's, and 20 that'll save a huge amount of energy. I mean, they use 21 significantly less. So, no changes this year in the actual 22 displays. Even though we looked at a grant opportunity to 23 put a 30-foot tree -- we figured out where we're going to put 24 that on the courtyard, as well as an updated display. And 25 we're going to continue those grant type efforts, because 9-27-10 11 1 those things run into $25,000, $30,000 range to do those kind 2 of things. So -- 3 COMMISSIONER BALDWIN: I tell you, the wreaths -- 4 the new wreaths on the building are classy. I love them. 5 They're great. 6 MR. AMERINE: They're different; they really stand 7 out. 8 COMMISSIONER LETZ: Commissioner, your motion 9 includes authorization for the County Judge to sign -- 10 COMMISSIONER WILLIAMS: Absolutely. 11 COMMISSIONER LETZ: -- also? 12 MR. HENNEKE: And, Bill? 13 MR. AMERINE: Yes? 14 MR. HENNEKE: I don't know if you've had an 15 opportunity to -- if you haven't already, would you mind 16 revising the agreement to include the changes that I had -- 17 MR. AMERINE: Yeah, that's the one that I'm 18 actually proposing, the changes that were -- if I'm not 19 mistaken. 20 MS. GRINSTEAD: I made the changes. 21 MR. AMERINE: Jody made the changes. That's what's 22 in front of the Court today. 23 JUDGE TINLEY: The note I have on the one before me 24 says, "Rob's changes have been incorporated into this 25 agreement." 9-27-10 12 1 MR. HENNEKE: Thank you. I didn't know that. 2 JUDGE TINLEY: Any other question or discussion on 3 the motion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Thank you, 9 Mr. Amerine. Let's go to Item 2, a 9:05 timed item. We may 10 catch up here. Consider, discuss, and approve amending Court 11 Order Number 31821 for election judges and alternates for the 12 term of one year in accordance with the Texas Election Code, 13 Section 32. Ms. Alford? 14 MS. ALFORD: Yes, sir. Good morning. We've had 15 some judges and alternate judges that cannot serve for the 16 term that we appointed them, and so I'd like to replace 17 judges and alternate judges; Precinct 303 judge with Martin 18 Kuykendall, judge 308 with Michael Mitchell, 308 alternate 19 judge with Fritz Ozuna, 215 alternate judge with John 20 Moorman, and 314 judge with Lynn Fisher. 21 COMMISSIONER LETZ: Move approval. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? All in favor of the 25 motion, signify by raising your right hand. 9-27-10 13 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Thank you, 5 Ms. Alford. 6 MS. ALFORD: Uh-huh. Thank you. 7 JUDGE TINLEY: We'll go to Item 3, which is a 9:10 8 timed item, to consider, discuss, take appropriate action to 9 discuss the concept plan for Site 12 of the J.L. Nichols 10 Subdivision located in Precinct 4. Mr. Odom, good morning. 11 MR. ODOM: Yes. Good morning, Judge. Good to see 12 y'all. Good to be here. And I apologize, this was done last 13 week. Two items were added to the agenda while I was off 14 last week, so I'll try to touch bases and cover it. Lee 15 Voelkel is here also for any questions on this. Mr. Salazar 16 is concerning Site 12 of the J.L. Nichols Subdivision. He 17 wants to purchase 2 acres out of 3.35 acres total, and he 18 wants to open a tanner business, which is commercial. This 19 would fall under the commercial, which would not necessarily 20 be our regular residential subdivision rules. In order to 21 divide this property, it must be divisible by two. So, if 22 you take 3.35, you come up with essentially 1.68 acres. It 23 adjoins the commercial entity off Goat Creek, that entrance 24 there, and those lots -- all this area is in the ETJ of the 25 city, so those lots are a half acre. So, at this time, we 9-27-10 14 1 ask the Court for their guidance for this proposed 2 subdivision of Lot 12 of J.L. Nichols Subdivision, Precinct 3 4. So, I don't have an answer for you right now. 4 COMMISSIONER BALDWIN: You don't? 5 MR. ODOM: Not right now. 6 COMMISSIONER BALDWIN: I'm just curious about 7 something. You say that there's 3 acres, and they want to 8 take 2 out of that. What happens to the remaining -- 9 MR. ODOM: I would assume -- Lee, do you have an 10 answer? I would assume that the individual that has it wants 11 to keep it. 12 MR. VOELKEL: That's correct. 13 COMMISSIONER BALDWIN: Oh, it's part of another -- 14 another -- 15 MR. VOELKEL: This is a platted lot. It's 3 acres 16 total, and there's already an existing mobile home and a 17 septic system on the lot, on the northern end of the lot. 18 Mr. Salazar wants to buy 2 acres out of the south part of 19 that, so we would replat it with a 2-acre lot and a 20 1-point-whatever left over lot where the existing mobile home 21 is. I also wanted to mention, there's -- that this property 22 is on a community water system. Aqua Texas owns the water 23 system. 24 COMMISSIONER BALDWIN: So that makes it fit the 25 1-acre issue, if it's on a community -- 9-27-10 15 1 MR. VOELKEL: That's what we're kind of here for 2 today, is to see if we're okay with lot size. 3 COMMISSIONER BALDWIN: I see. 4 COMMISSIONER OEHLER: Well, the other thing is, 5 there are other lots within this subdivision that are that 6 size or smaller, and so I don't think it's going to be -- 7 going to mess up the integrity of what's already there. 8 COMMISSIONER WILLIAMS: They're in the ETJ, right? 9 COMMISSIONER OEHLER: They're in the ETJ of 10 Kerrville, so -- 11 COMMISSIONER LETZ: I think the only concern -- I 12 have to defer to Rob a little bit, is the Model Subdivision 13 Rule issue when we get less than 5 acres on a lot. And I 14 believe that the interpretation from the state has been that 15 if you're just making one division, it's exempted, but I 16 think we need to clarify that. The fact that it's in the ETJ 17 means it's ours, not the city's, and we can't have a 18 subdivision less than 5 acres. 19 MR. ODOM: In the city. 20 MR. HENNEKE: Well, you can go smaller if there's a 21 water system available. I don't know if you can go this 22 small. I need to look at it. 23 MR. ODOM: And so, in other words, our commercial 24 rules would not -- would not be an exception? To me, it's 25 not residential; it's commercial. 9-27-10 16 1 COMMISSIONER LETZ: Yeah, but half of it's going to 2 be residential. 3 MR. ODOM: Well, half of it is. 4 COMMISSIONER LETZ: The part we're leaving is going 5 to be residential. It's -- I don't think it meets our rules. 6 But, you know, the fact -- if it was just a purely 7 commercial, it would probably meet the rules. The problem 8 comes in that it's leaving a -- it's half residential, half 9 commercial. 10 MR. ODOM: That's right. 11 COMMISSIONER BALDWIN: If you had -- if you have -- 12 if you have a well and a septic tank, the reason that you 13 have 5 acres is so that there would be enough room to have 14 those two issues on the same piece of property. But if you 15 have a community water system, it eliminates that problem, 16 does it not? And I thought you -- I thought we could go down 17 to -- I mean, what difference does it make what size it is? 18 Go down to an acre. 19 COMMISSIONER LETZ: Our rules say an acre. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER LETZ: Actually, but it's also -- you 22 have a -- it's an acre divided by two, so you can't get two 23 lots; you have to have 4 acres to go there, under water 24 availability. 25 COMMISSIONER OEHLER: This is 3.35. 9-27-10 17 1 COMMISSIONER LETZ: Yeah. The fact that it's part 2 commercial is what makes it unique. If it was residential, 3 it could not be done. 4 MR. ODOM: Could not be done residential. 5 COMMISSIONER LETZ: Commercial. 6 MR. ODOM: Commercial. 7 COMMISSIONER LETZ: Now, are there any other 8 commercial tracts in that subdivision? 9 MR. VOELKEL: I'm not aware of any, Mr. Letz, but 10 there may be. I just don't -- I haven't looked at it that 11 closely. 12 MR. ODOM: And I'm sorry, I don't have enough 13 information to tell you. 14 COMMISSIONER OEHLER: I think one of the questions 15 would be whether they have adequate room to put in a septic 16 and have the commercial business. Commercial business is not 17 going to -- depending on what it is -- 18 COMMISSIONER LETZ: It's tanning; it's going to 19 take a lot of water. 20 COMMISSIONER OEHLER: Going to take quite a bit of 21 water. They use more -- more chemicals now. 22 MR. ODOM: I believe -- isn't there a city sewer in 23 there up Lafayette now? 24 COMMISSIONER OEHLER: No. 25 MR. VOELKEL: No, sir, it would be on septic. 9-27-10 18 1 COMMISSIONER OEHLER: No, sir, not -- 2 COMMISSIONER WILLIAMS: No. 3 COMMISSIONER LETZ: How's the access? 4 COMMISSIONER OEHLER: Access comes up Lafayette. 5 MR. ODOM: Lafayette. 6 COMMISSIONER LETZ: But if you sell them the part 7 south, how's he getting to his lot? 8 COMMISSIONER OEHLER: He's dividing it. 9 COMMISSIONER LETZ: Lengthwise? 10 COMMISSIONER OEHLER: Look here. 11 MR. ODOM: Perpendicular. 12 COMMISSIONER OEHLER: You see the plat? Right 13 there, that's the division line. Those two end lots, those 14 are -- that's one lot now. And that shows what they're 15 trying to do to split it. And the one the very -- to the far 16 right is the one that has the trailer and the septic already 17 in existence. So, you've got 2 acres. Now, I told them -- I 18 met with them the other day at Lee Voelkel's office, and, you 19 know, this is kind of a unique question, and what if you cut 20 it in half? Would that make it better? But -- 21 COMMISSIONER LETZ: Won't make any difference. 22 COMMISSIONER OEHLER: -- it doesn't really matter, 23 because it doesn't do the division by two. 24 COMMISSIONER WILLIAMS: Someone wants to speak back 25 there. 9-27-10 19 1 COMMISSIONER OEHLER: At the same time, you have 2 other lots that are already in existence -- the one right 3 next to the 2-acre is 1.32. 4 MR. ODOM: 1.32. 5 COMMISSIONER OEHLER: And then -- 6 MR. ODOM: You have one at 1 acre on down there. 7 COMMISSIONER OEHLER: One on up here at number -- 8 whatever that is, doesn't have a number on it. 9 MR. HENNEKE: But there's a lot of small tracts 10 that were put into place before we adopted the Model 11 Subdivision Rules. I mean, that's -- 12 MR. ODOM: You're right. 13 MR. HENNEKE: -- what the rules -- purpose of the 14 rules. 15 COMMISSIONER LETZ: I just want to make sure we 16 don't violate the model subdivision rules. I think Rob needs 17 to look at that, 'cause it's a -- the commercial part of it 18 exempts it, but we're still leaving a small lot. That would 19 be the issue. 20 JUDGE TINLEY: We had a gentleman in the rear of 21 the room that wished to be heard. If you'll come forward, 22 give us your name and address, and give us your input on this 23 matter, please. 24 MR. PILLATZKE: David Pillatzke with Guadalupe 25 Survey. In that same area, I guess maybe about 12 years ago, 9-27-10 20 1 Goat Creek Cutoff, Phase 2, is a very similar situation, and 2 it was with all -- because it was commercial, we did 1-acre 3 to 2-acre tracts, just to let you know, and it's almost right 4 next to what y'all are talking about. 5 MR. ODOM: It is next to it. 6 JUDGE TINLEY: That's the commercial subdivision in 7 there with the little cul-de-sac? 8 MR. PILLATZKE: Correct. 9 COMMISSIONER LETZ: The issue is, this is a 10 residential subdivision that's having -- or primarily 11 residential subdivision that was never designated as 12 commercial, so this lot is -- 13 MR. ODOM: What happens -- 14 MS. HOFFER: That was done by the City. When this 15 Phase 2 was done too, the City of Kerrville did that. 16 MR. ODOM: Lee, what happens if Mr. Salazar went to 17 2 -- well, he bought 2 -- let's say he bought 1.38. Would it 18 still work? And left the residential 2 acres? Would it not 19 work there? 20 MR. VOELKEL: He's here to answer that question, 21 Mr. Odom. I think the issue might be just to have enough 22 size for a septic system. The larger the size, the better it 23 would be for his commercial business. That was my thought. 24 COMMISSIONER LETZ: I don't think I have a real 25 problem with it as long as we're in compliance, and we 9-27-10 21 1 probably are, the way I'm interpreting this and from what 2 I've interpreted in prior subdivisions similar to this. But 3 I want Rob to take a look at that to make sure he's 4 comfortable we're in compliance with the model subdivision 5 rules. I mean, the commercial tract is exempted from that. 6 The issue comes in where we're still leaving a -- 7 MR. ODOM: We're leaving a residential. 8 COMMISSIONER LETZ: -- leaving a residential lot 9 there. 10 MR. ODOM: But then you're not setting a precedent 11 by dividing it, because you already have that. So -- and if 12 he had -- 13 COMMISSIONER LETZ: Doesn't matter about 14 precedents; it matters about the state. 15 MR. ODOM: I'm just presenting it to the Court. 16 Y'all make the decision. 17 COMMISSIONER WILLIAMS: Does it come up against the 18 model subdivision rules in any way? 19 COMMISSIONER LETZ: Well, that's the -- it's 20 whether the residential lot that's left violates it. I don't 21 think it does, but I'd rather have Rob take a look at that 22 and see. And subject to that, I -- you know -- 23 COMMISSIONER OEHLER: Well, would it do -- would it 24 be better if we left, say, one -- one and a half acres with 25 the -- 9-27-10 22 1 COMMISSIONER LETZ: Wouldn't make any difference. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER LETZ: So I think it's okay, but -- 4 MR. ODOM: So, we wait for our attorney to -- 5 COMMISSIONER LETZ: I think -- this is a concept 6 plan; we don't vote on them anyway. As long as he's okay 7 with it, you can proceed. 8 MR. HENNEKE: I'll come back with an answer. 9 COMMISSIONER LETZ: Whoever the -- or Lee or the 10 developer or the person doing this might want to make sure 11 they're working with Ray pretty closely, because -- 12 MR. ODOM: That's the way I would say. I would 13 look to see which way he could get the septic in. 14 COMMISSIONER OEHLER: They need to do a preliminary 15 site plan of where that's going to be, too. 16 COMMISSIONER LETZ: Right. 17 COMMISSIONER OEHLER: And if it will meet the 18 standards. 19 COMMISSIONER LETZ: Yeah. 20 MR. ODOM: Do you know which way you're going, Lee? 21 MR. VOELKEL: I think we got some direction. 22 MR. ODOM: All right. 23 JUDGE TINLEY: Okay. Is that enough on that one, 24 gentlemen? 25 MR. ODOM: Beat that one to death. 9-27-10 23 1 JUDGE TINLEY: Let's go to our Item 4, 9:20 timed 2 item. Consider, discuss, take appropriate action to discuss 3 concept plan for the revision of plat for Lot 4B of Audubon 4 Place as set forth in Volume 7, Page 294, and Volume 7, Pages 5 -- Page 331, and 4.89 acres at 166 Doris Drive as set forth 6 in Volume 1213, Page 269, Real Property Records, and located 7 in Precinct 4. Mr. Odom? 8 MR. ODOM: Yes, sir. This is another one that I 9 was not aware of until today. And -- 10 COMMISSIONER LETZ: You shouldn't go on vacation. 11 MR. ODOM: Well, I will let you take my vacation 12 next time for me. That wasn't very pleasant. 13 JUDGE TINLEY: Not that one. 14 COMMISSIONER LETZ: Not that one? Okay. 15 MR. ODOM: Not that one. Mr. Voelkel -- there's a 16 change. I believe that the address was shown 166, and now, 17 Lee, there's a 176 Doris Drive that we're talking about. 18 MR. VOELKEL: Yes, it's the one next door. Let me 19 give you this drawing. What it did, it shifted that 4-acre 20 tract over a little bit. Just pass those around, same 21 concept. 22 MR. ODOM: All this property is in the ETJ of the 23 city. There's 4.89 acres. There's an existing well and 24 septic. 25 COMMISSIONER WILLIAMS: One more. 9-27-10 24 1 MR. ODOM: But if the division is approved, it will 2 leave this property with only 2 and a half acres. 3 (Low-voice discussion off the record.) 4 MR. ODOM: They need to go to Headwaters to see if 5 they would approve this subdivision for water availability. 6 Also, the proposed access off Doris Drive does not have 150 7 foot road frontage and is only 50 feet wide. If 150 is 8 needed, then both lots would need 150, and the existing 4.98 9 acres would need to have a minimum of 300 feet of road 10 frontage. The last issue is who owns the easement for Lot 4A 11 and Lot 4B of the Audubon Place Subdivision. At one time, it 12 was owned by Barbara Cole, who owned both Lots 4 and 5 and 13 the easement. How can an easement be shared? So, I'm going 14 to turn this over to Mr. Voelkel that presented this. 15 MR. VOELKEL: Thank you, sir. Let's see if I can 16 address some of those issues. As far as the common access 17 easement that exists in the original subdivision that's 18 called Audubon Place, the owner of that easement is Lot 4A 19 and Lot 4B. They actually have -- and Mr. Venditti, the 20 owner of the property, is here if I'm telling you wrong. 21 They both have ownership into that strip of land as a common 22 driveway. So, presently, 4B and 4A are accessed off of Wren 23 Road. Mr. Venditti also owns the adjoining 4.89 acres along 24 Doris Drive, and as you can see in our configuration, wants 25 to change that to add access for Lot 4B to Doris Drive, 9-27-10 25 1 leaving the remaining tract, which would be unplatted as a 2 2.5-acre tract, existing residence, existing well, and an 3 existing septic. So, all that is in place. 4 COMMISSIONER WILLIAMS: Sounds simple enough. 5 MR. VOELKEL: Maybe. 6 COMMISSIONER LETZ: I don't know. Same issue comes 7 up with leaving it an unplatted tract. I don't -- you know, 8 if it -- this is in violation of the model subdivision rules. 9 The other issue is, looking down the road, being in the ETJ, 10 this area could have 2-acre lot size, or two -- you know, so 11 you're looking at -- 4A and 4B are the same owners? 12 MR. VOELKEL: No, sir. 13 COMMISSIONER LETZ: They're not? 14 MR. VOELKEL: 4A and 4B are different owners. 15 COMMISSIONER LETZ: But you could get -- Len, we 16 would get in a situation where 4BR can get four lots on it, 17 can be divided into four, and if their access is going to be 18 that little 50-foot strip, you're starting to create a 19 problem. And if this wasn't a high density area -- if it was 20 out in the country, it'd be one thing, but it's in a high 21 density development area in the ETJ, so they can go 2-acre 22 lot sizes here. 23 COMMISSIONER BALDWIN: Is this a flag lot? 24 COMMISSIONER LETZ: Well, -- 25 COMMISSIONER OEHLER: Almost. 9-27-10 26 1 COMMISSIONER LETZ: -- it's something. 2 COMMISSIONER OEHLER: It's not right now, though. 3 But that's what -- 4 COMMISSIONER LETZ: Yeah. I mean, we're not making 5 the access any worse. It's already bad. 6 COMMISSIONER OEHLER: Yeah, it's better this way. 7 COMMISSIONER LETZ: I don't know if it gets better. 8 Be hard to say. But it's -- 9 MR. ODOM: If -- 10 COMMISSIONER OEHLER: What if it was a 60-foot? 11 COMMISSIONER LETZ: That would help, if the access 12 was -- you know, at least had the -- you know, you could make 13 it into a -- 14 COMMISSIONER OEHLER: That way it could actually be 15 a street. 16 COMMISSIONER LETZ: -- a street under our -- you 17 know, under our rules, and put a country lane in there, 18 standards that at least gets it okay by our rules standpoint. 19 The question would be on the -- leaving that 2 and a half 20 acre residential lot that's not in the subdivision. The only 21 -- this one -- again, my initial read would be it's probably 22 exempted because it's not -- it's not platted; that's the 23 only way you can get there. But, you know -- 24 COMMISSIONER OEHLER: Well, and the well was 25 already in existence. But it doesn't leave the 5-acre tract, 9-27-10 27 1 though. 2 MR. ODOM: Or what happens if he puts an exception 3 in there that says cannot be subdivided? And leave it 50 4 foot. 5 MR. VENDITTI: In other words -- 6 MR. VOELKEL: If you do a plat note -- a note on 7 the plat that says it can no longer be further subdivided, 8 are you okay with that? 9 MR. VENDITTI: I don't want to subdivide it. I 10 want the whole piece myself. 11 MR. ODOM: You want the whole piece yourself. 12 COMMISSIONER OEHLER: So it's just access to one 13 lot, then. 14 MR. ODOM: Then it would be one lot, and that would 15 be 50 foot up there. And -- and instead of -- 16 COMMISSIONER LETZ: Basically, then, we're just 17 giving a waiver to the frontage. 18 MR. ODOM: To the frontage. And you put in an 19 exception. Exception would be it cannot be subdivided. 20 COMMISSIONER OEHLER: And so that would leave it to 21 where you have -- 4A would be accessed by Wren Road -- off 22 Wren Road. 23 MR. VOELKEL: Correct. 24 COMMISSIONER OEHLER: That tract would not have 25 access to Doris Drive. 9-27-10 28 1 MR. VOELKEL: Correct, 4A would not. 2 COMMISSIONER OEHLER: So, basically, you're cutting 3 off -- you're going to -- 4 MR. ODOM: You're going to limit the people that 5 come in off Doris. 6 COMMISSIONER LETZ: You're also -- then, in that 7 situation, we're taking -- basically it's one lot, even 8 though one of them's not a lot, but it's -- we're not adding 9 an additional well or anything. But, again, I just defer to 10 the County Attorney slightly. It's outside a -- to make sure 11 we're not violating the model subdivision rules. I don't 12 think we are, the way it's been conceived. 13 COMMISSIONER OEHLER: Well, I don't think it -- 14 providing that he puts the note on it, it can't be 15 subdivided; it's just one person accessing one lot. We don't 16 have multiples, or a chance for multiples. 17 MR. ODOM: Rob's going to make me -- he's going to 18 want me to stay on vacation for a little bit longer. 19 MR. HENNEKE: 4A doesn't really come into play. 20 It's on the map, but -- 21 COMMISSIONER OEHLER: 60 foot -- 22 (Several people speaking at once.) 23 THE REPORTER: One at a time, please. 24 JUDGE TINLEY: Whoa, she needs one at a time. 25 COMMISSIONER LETZ: It would be better if it was a 9-27-10 29 1 60-foot driveway. I mean, it gets closer to the form -- that 2 way we don't have to have a waiver on that part of it. 3 That's the access into it, it makes it so it is -- 4 MR. ODOM: You could go a little wider, 60 foot 5 there and go up. 6 MR. VOELKEL: Yes, sir. 7 MR. ODOM: And he could still come up with 2 and a 8 half acres. 9 COMMISSIONER LETZ: Yeah. 10 MR. ODOM: The other one may be -- well, it would 11 still be the same amount for 4B. 12 MR. VOELKEL: I have no problem with that. 13 MR. ODOM: And put the exception in there that it 14 could not be subdivided, and then I guess we wait until an 15 opinion. 16 MR. HENNEKE: Oh, I'm comfortable with that. 17 MR. ODOM: You're comfortable with that? 18 MR. HENNEKE: With the note that 4BR can't be 19 further divided. That's 8 and a half acres there. 20 MR. ODOM: We haven't added anything to it. 21 MR. HENNEKE: 60 foot. We don't need to give an 22 exemption on any other part of it. 23 MR. ODOM: Sound good? 24 MR. VOELKEL: Mm-hmm. I would add, we are -- as 25 you stated earlier, we're in the ETJ, so we got to go to the 9-27-10 30 1 city of Kerrville also, but -- and I invited them to the 2 meeting this morning, by the way, but I guess they're too 3 busy. 4 MR. HENNEKE: Mike's here. 5 JUDGE TINLEY: Mike is here. 6 MR. VOELKEL: Oh, okay. 7 MR. HENNEKE: Is that all right with the city, 8 Mike? (Laughter.) 9 MR. ERWIN: I'm waiting on some other agenda items. 10 JUDGE TINLEY: Okay. We got what we need on that, 11 gentlemen? Anything further on that particular one? 12 Mr. Odom? 13 MR. ODOM: No, sir. I believe we solved the 14 problem on that one. 15 JUDGE TINLEY: Okay. Okay. Let's go to Item 5. 16 At this time, I will recess the Commissioners Court meeting 17 and I will convene a public hearing for the revision of plat 18 of Tract 3 of Creekwood III Subdivision, as set forth in 19 Volume 6, Page 244, Plat Records, and Tract 6 of Creekwood IV 20 Subdivision, as set forth in Volume 6, Page 290, Plat 21 Records, and located in Precinct 2. 22 (The regular Commissioners Court meeting was closed at 9:30 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE TINLEY: Is there any member of the public or 9-27-10 31 1 the audience that wishes to be heard with respect to the 2 revision of plat of Tract 3 of Creekwood III Subdivision, as 3 set forth in Volume 6, Page 244, Plat Records, and Tract 6 of 4 Creekwood IV Subdivision, as set forth in Volume 6, Page 290, 5 Plat Records? 6 (No response.) 7 JUDGE TINLEY: Seeing no one coming forward to 8 speak on the matter, I will close the public hearing for the 9 revision of plat of Tract 3 of Creekwood III Subdivision, as 10 set forth in Volume 6, Page 244, Plat Records, and Tract 6 of 11 Creekwood IV Subdivision, as set forth in Volume 6, Page 290, 12 Plat Records, and located in Precinct 2. 13 (The public hearing was concluded at 9:31 a.m., and the regular Commissioners Court meeting was 14 reopened.) 15 - - - - - - - - - - 16 JUDGE TINLEY: And I will -- let's go to Item 9; 17 consider, discuss, take appropriate action on forfeiture 18 report for Constable, Precinct 3. I put this on the agenda, 19 not because there was any earth-shattering information on it, 20 but because there was a representation in there that this 21 matter had come before the Commissioners Court. The Auditor 22 assures me that it's okay. There are no -- are no 23 forfeitures reported in the report, so we just need to seek 24 Commissioners Court approval at this point. 25 COMMISSIONER LETZ: So moved. 9-27-10 32 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Question or discussion on the 4 motion? All in favor of the motion, signify by raising your 5 right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. We'll go to 10 Item 10, to consider, discuss, and review county investment 11 policy and take appropriate action to make any necessary or 12 desired changes to such investment policy. I placed this on 13 the agenda at the request of the Auditor. I think it's an 14 annual requirement. Is that not correct, Ms. Auditor? 15 MS. HARGIS: That's correct. I don't -- since the 16 Legislature hasn't met yet, there is not any for this year, 17 but we may have to put this back on the agenda, you know, in 18 January or February, 'cause usually they come out with 19 something. So -- 20 JUDGE TINLEY: Are you asking for any particular 21 action of the Court? 22 MS. HARGIS: No, just to know that you have 23 annually reviewed it and there are no changes. 24 JUDGE TINLEY: Okay. The record so reflects. 25 Okay, it's 9:35, so I will recess the Commissioners Court 9-27-10 33 1 meeting and convene a public hearing under Item 6. Is there 2 any -- public hearing concerning the installation of a stop 3 sign at the intersection of Christian Drive and Mountain 4 Drive located in Precinct 1. 5 (The regular Commissioners Court meeting was closed at 9:35 a.m., and a public hearing was held in open 6 court as follows:) 7 P U B L I C H E A R I N G 8 JUDGE TINLEY: Is there any member of the public 9 that wishes to be heard with respect to the installation of a 10 stop sign at the intersection of Christian Drive and Mountain 11 Drive, located in Precinct 1? 12 (No response.) 13 JUDGE TINLEY: Seeing no one coming forward for 14 that purpose, I will close the public hearing concerning the 15 installation of a stop sign at the intersection of Christian 16 Drive and Mountain Drive, located in Precinct 1. 17 (The public hearing was concluded at 9:36 a.m., and the regular Commissioners Court meeting was 18 reopened.) 19 - - - - - - - - - - 20 JUDGE TINLEY: And I will reconvene the 21 Commissioners Court meeting, and we will go to Item 11; to 22 consider, discuss, and take appropriate action to adopt the 23 position schedule, step and grade schedule, and general 24 provisions of the Kerr County budget for fiscal year 2010-11. 25 Ms. Hyde? 9-27-10 34 1 MS. HYDE: Good morning. I just need y'all to -- 2 since there's no change in the step and grade, the last one 3 was approved by Commissioners Court 9/28 of '09. I need a 4 new court order on it, please. There's no change. 5 COMMISSIONER LETZ: Move approval. 6 COMMISSIONER WILLIAMS: Second. 7 JUDGE TINLEY: Motion made and seconded. Are we 8 speaking only of the step and grade, or are we talking about 9 the agenda item? 10 COMMISSIONER LETZ: Step and grade. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the step and grade schedule as presented by the 13 H.R. Director. Question or discussion on the motion? 14 COMMISSIONER LETZ: A question. 15 COMMISSIONER OEHLER: Go ahead. 16 COMMISSIONER LETZ: With the budget -- there are -- 17 you say there's no changes? 18 MS. HYDE: Just the step and grade. 19 COMMISSIONER LETZ: Oh, you mean the form, not the 20 slots. 21 MS. HYDE: Absolutely. I didn't open that one up. 22 Just this. 23 COMMISSIONER OEHLER: Yeah. 24 COMMISSIONER WILLIAMS: Commissioner -- 25 COMMISSIONER OEHLER: Glad you clarified that. 9-27-10 35 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER WILLIAMS: Commissioner, why wouldn't 3 you include the general provisions as well? 4 COMMISSIONER LETZ: I was just going to do -- I was 5 actually thinking more of the calendar. I just wanted to 6 make sure, on the calendar, we checked it. I don't have a 7 problem with that, but we can do it separate, I thought. Do 8 separate motions on it. 9 COMMISSIONER WILLIAMS: Okay. 10 JUDGE TINLEY: Right now we're step and grade only, 11 okay. 12 COMMISSIONER OEHLER: That just would affect 13 positions that wind up being approved for the budget. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER OEHLER: Okay. 16 JUDGE TINLEY: They will be governed -- the pay 17 rate will be governed by the step and grade schedule, those 18 positions that are approved. 19 COMMISSIONER OEHLER: Right. But we haven't done 20 that yet. 21 JUDGE TINLEY: I understand. Any further question 22 or discussion on the motion? All in favor of the motion, 23 signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 9-27-10 36 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Okay. 3 MS. HYDE: General provisions. 4 COMMISSIONER LETZ: Can we go to calendar? 5 MS. HYDE: Sure. 6 COMMISSIONER LETZ: Or holiday schedule? 7 MS. HYDE: Sure. 8 JUDGE TINLEY: That's part of the general 9 provisions, I think, isn't it? It's not a separate item 10 here; be part of the general provisions. 11 COMMISSIONER LETZ: I'll make a motion to approve 12 the general provisions. 13 JUDGE TINLEY: Okay. I have a motion. Do I hear a 14 second? 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE TINLEY: We have a motion and a second to 17 approve the general provisions of the proposed Kerr County 18 budget for FY 2010-11, which includes the holiday schedule. 19 Okay. 20 COMMISSIONER LETZ: Holiday schedule. I know 21 it's -- Texas Independence Day, that's the question. I mean, 22 I kind of like -- you know, I support Texas Independence Day 23 being a day off, but I'm not sure I support moving it to a 24 day other than Texas Independence Day. 25 MS. HYDE: That's what I asked y'all. 9-27-10 37 1 COMMISSIONER LETZ: I know. 2 MS. HYDE: So if you want to put it back to 3 Wednesday, that's no problem. But that's why I've got those 4 notated, so there can be no discussion. Whatever y'all want. 5 COMMISSIONER LETZ: Kind of like -- to me, it's 6 kind of like moving -- well, we don't call it Washington's 7 Birthday any more, but -- 8 MS. HYDE: Presidents Day. We've got President's 9 day on there. So, you want to move back to Wednesday, the 10 2nd, gentlemen? 11 COMMISSIONER LETZ: I mean, if -- 12 MS. HYDE: There's not an election this year. 13 COMMISSIONER BALDWIN: I promised the Judge I'd be 14 nice today, so -- 15 JUDGE TINLEY: I was just about to call on our 16 Texas Independence expert, Commissioner, Precinct 1. 17 COMMISSIONER BALDWIN: Well, I understand what 18 you're saying, but I just -- you know, here's an opportunity 19 to give our employees a -- and I care about our employees, 20 and I'm proving it today. That it'll give them a long 21 weekend. What difference does it make whether it's Wednesday 22 or Friday? I don't get it. How about Monday? That's a good 23 compromise. 24 COMMISSIONER LETZ: You wouldn't want to move 25 Christmas. 9-27-10 38 1 COMMISSIONER BALDWIN: Not going to, either. 2 COMMISSIONER LETZ: I'm -- that's fine. 3 COMMISSIONER WILLIAMS: Is that a motion? 4 MS. HYDE: One of the reasons why we kind of looked 5 at that, if I remember -- I'm going to take up for you a 6 little bit here -- is Wednesday is typically a large court 7 day. Somebody back here nod their head. So, Tuesdays, 8 Wednesdays, and Thursdays are typically court days -- heavy 9 court days, so that's why we tend to look at Monday/Fridays. 10 COMMISSIONER LETZ: How about -- what's the 11 opposite of -- giving a floating day? They can take it when 12 they want. 13 MS. HYDE: We can do a floating day; it's just 14 difficult to manage. 15 COMMISSIONER LETZ: We can leave it the way it is. 16 That's fine. 17 COMMISSIONER OEHLER: I also had a thought that 18 maybe, being as that this year New Year's and Christmas fall 19 on Saturdays, that, you know, Friday time off is -- is 20 warranted, but I'm not sure that the Monday after both of 21 those holidays is. Did you look at your schedule? 22 COMMISSIONER LETZ: Yeah. 23 COMMISSIONER OEHLER: What do you think? 24 COMMISSIONER LETZ: I think it's -- I think two 25 days at Christmas is something we've traditionally done, and 9-27-10 39 1 I support that. Two days at New Year's is a little bit odd. 2 COMMISSIONER OEHLER: Well, that's a compromise. 3 COMMISSIONER LETZ: You know, but I think, you 4 know, we've -- have we always had the same days, or did we 5 add one a couple years ago when we got on the holiday -- when 6 this holiday schedule got off a little bit? 7 MS. HYDE: We started adding Texas Independence 8 Day. We haven't added any; we changed Columbus Day. We were 9 doing Columbus Day, and we did away with Columbus Day because 10 there's such a preponderance of holidays. 11 COMMISSIONER LETZ: We did get rid of Columbus. I 12 think we went to two with New Year's Day, I believe, and I 13 believe President's Day went to Texas Independence Day. 14 MS. HYDE: No, we've still got President's -- 15 COMMISSIONER LETZ: Or Martin Luther King, one with 16 of those. 17 JUDGE TINLEY: Martin Luther King. 18 COMMISSIONER LETZ: Martin Luther King went to -- 19 anyway, I just don't know that -- I think I kind of agree 20 with Commissioner Oehler, is that two days at New Year's is a 21 lot, to me. Are there any other holidays that would -- that 22 schools have off? I guess that's a good way to look at it. 23 JUDGE TINLEY: Ms. Bolin? 24 MS. BOLIN: Well, the 31st falls on a Friday, and 25 last year I got it so that we could be open. I'll do the 9-27-10 40 1 same this year, because it's a heavy day for us for 2 collection of taxes, people coming in, wanting to pay their 3 property taxes so that they can get them on their income tax. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER OEHLER: And also, you know, every day 6 that we have another holiday, that impacts the -- how much it 7 costs us to run the Sheriff's Department, because they get 8 holiday pay for that, and that's -- that's a large hit. 9 COMMISSIONER LETZ: How many days do we have total? 10 MS. HYDE: 13. 11 COMMISSIONER WILLIAMS: Same as last year. 12 MS. HYDE: Yes, sir, and the year before and the 13 year before and the year before. 14 COMMISSIONER LETZ: What other -- what -- if anyone 15 knows this, what days are school holidays that we don't have? 16 Such as -- they don't have Veterans Day off in schools, do 17 they? I'd be more in favor of Veterans Day off for one of 18 them. 19 MS. HYDE: We have Veterans Day, sir. 20 COMMISSIONER LETZ: I'm sorry. 21 MS. HYDE: November 11th. 22 COMMISSIONER LETZ: My calendar says -- Labor Day's 23 the last thing it shows. 24 MS. HYDE: It goes in chronological order, sir. 25 COMMISSIONER LETZ: Your right, thank you. All 9-27-10 41 1 right. Leave it the way it is. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: We have a motion and a second to 4 adopt the general provisions and holiday schedule -- 5 including the holiday schedule as proposed. Any further 6 question or discussion on the motion? All in favor of the 7 motion, signify by raising your right hand. 8 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 9 JUDGE TINLEY: All opposed, same sign. 10 (Commissioner Oehler voted against the motion.) 11 12 JUDGE TINLEY: Are you for or against? 13 COMMISSIONER OEHLER: I'm opposed. 14 JUDGE TINLEY: You're opposed, okay. Motion does 15 carry. Okay, let's go to -- back to our 9:40 item, Item 16 Number 7, to consider, discuss, and take appropriate action 17 for final approval for installing a stop sign at the 18 intersection of Christian Drive and Mountain Drive, and 19 located in Precinct 1. 20 COMMISSIONER BALDWIN: So moved. 21 MR. ODOM: Good. I was going to make it very 22 quick. 23 COMMISSIONER WILLIAMS: Second. 24 COMMISSIONER BALDWIN: I move for approval. 25 JUDGE TINLEY: Motion made and seconded for 9-27-10 42 1 approval of the agenda item. Question or discussion? All in 2 favor of the motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. Thank you, 7 Mr. Odom. 8 MR. ODOM: Yes, sir. 9 JUDGE TINLEY: We'll move to Item 8; consider, 10 discuss, take appropriate action to approve electrical, 11 plumbing, HVAC, and pest control contracts. Mr. Bollier? 12 MR. BOLLIER: Yes, sir. Good morning to each one 13 of you. I have went over all this, and my recommendations 14 for my HVAC is Hardin Heating and Cooling for my HVAC; pest 15 control is Foss; electrical will be D.W. Electric; and 16 plumbing will be Bosworth. 17 COMMISSIONER BALDWIN: What was the last one? I'm 18 sorry. 19 MR. BOLLIER: Bosworth. 20 JUDGE TINLEY: And you've got them ranked so that 21 as secondary calls -- 22 MR. BOLLIER: Yes, sir, I do. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER WILLIAMS: Is that it? 25 MR. BOLLIER: That's it, sir. 9-27-10 43 1 COMMISSIONER WILLIAMS: Move approval. 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval as indicated from the Maintenance Director. 6 Question or discussion on the motion? All in favor of the 7 motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. 12 MR. BOLLIER: Thank you. 13 JUDGE TINLEY: We'll go to Item 12; consider, 14 discuss, take appropriate action to adopt elected officials' 15 salaries for fiscal year 2010-11. I put this on the agenda 16 as a -- one of the general items that we do with our 17 activities going into a new fiscal year. 18 COMMISSIONER BALDWIN: Judge, are there any changes 19 in the elected officials' salaries? 20 JUDGE TINLEY: Weren't any published. 21 COMMISSIONER BALDWIN: Excuse me? 22 JUDGE TINLEY: There were not any published. 23 COMMISSIONER WILLIAMS: We only have to publish 24 increases, not decreases. 25 JUDGE TINLEY: Mm-hmm, that's correct. 9-27-10 44 1 COMMISSIONER WILLIAMS: Move approval. 2 JUDGE TINLEY: I have a motion. Do I hear a 3 second? 4 COMMISSIONER LETZ: I'll second, but I have a 5 question. 6 JUDGE TINLEY: Okay. Motion made and seconded. 7 Question or discussion? 8 COMMISSIONER LETZ: Do we have a list of the 9 salaries somewhere? It's not in my backup. 10 MS. HYDE: Should be in your book. 11 MS. HARGIS: It's in your book. 12 MS. HYDE: But I'm sure there's going to be some 13 questions. 14 COMMISSIONER LETZ: Oh, this is mine? 15 JUDGE TINLEY: No, that one's mine. 16 MS. HYDE: Are they the blue books, Jeannie? 17 (Low-voice discussion off the record.) 18 MS. HYDE: I just want to make sure. Commissioners 19 Court, 2.5 reduction across the board? 20 COMMISSIONER LETZ: What page am I on? 21 MS. HYDE: Excuse me? 22 COMMISSIONER WILLIAMS: Say it again? 23 MS. HYDE: I just want to validate. 2.5 percent 24 reduction for all Commissioners Court? 25 COMMISSIONER WILLIAMS: That's what we voted to do. 9-27-10 45 1 MS. HARGIS: It's under your tab called Position 2 Schedule in the very back. Should be the first page. No, 3 not the step and grade, but -- 4 COMMISSIONER LETZ: Oh, okay. 5 MS. HARGIS: First page. 6 COMMISSIONER LETZ: Thank you. What 7 other reductions were there? 8 MS. HYDE: Which type of reductions? There was one 9 -- one position that was reduced out of the County Clerk's 10 office. 11 COMMISSIONER LETZ: No, I mean out -- 12 JUDGE TINLEY: Elected officials. 13 MS. HYDE: Elected officials, the Tax Assessor took 14 a 2.5 percent decrease and the County Attorney took a 2.5 15 percent decrease. 16 COMMISSIONER LETZ: All right. 17 JUDGE TINLEY: Any other question or discussion? 18 All in favor of the motion, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion does carry. Okay. We'll 24 go to Item 13; consider, discuss, and take appropriate action 25 on FY 2010-11 budgets and fiscal capital expenditures and 9-27-10 46 1 personnel matters related thereto for various county 2 departments. Any member of the Court have anything further 3 to offer on this ongoing process? 4 COMMISSIONER OEHLER: Personnel matters and 5 departments. This may be discussed during the adoption of 6 the budget, I would think. 7 JUDGE TINLEY: Could be, yeah, also. 8 COMMISSIONER OEHLER: You might want to call more 9 than one thing at a time on this. I don't know. That's up 10 to you. 11 JUDGE TINLEY: Well, we're not ready for the 12 adoption yet, because that's a 10:15 timed item. 13 COMMISSIONER OEHLER: Right. Right, I understand. 14 JUDGE TINLEY: If you want to defer until that 15 time, we can. 16 COMMISSIONER OEHLER: Well, I think it all ties 17 together. 18 JUDGE TINLEY: It does. 19 COMMISSIONER OEHLER: But I -- am I missing 20 something? Or -- 21 COMMISSIONER BALDWIN: I want to bring up an issue, 22 though. Late last week, I actually had a thought. And I 23 wasn't sure; it's something -- it's the redistricting amount, 24 and I wanted to make sure that's in the budget, 'cause we 25 have to do that. And all we had to go on was an estimate 9-27-10 47 1 from the law firm in Austin to what they would charge. 2 COMMISSIONER WILLIAMS: 25,000? 3 COMMISSIONER BALDWIN: Excuse me? 4 COMMISSIONER WILLIAMS: 25,000? 5 MS. HARGIS: 32,000. 6 COMMISSIONER BALDWIN: 32, that's correct. I just 7 want to make sure that it's in there in the budget that will 8 be voted on today. 9 JUDGE TINLEY: Yeah, I believe Ms. Hargis has 10 confirmed that it is, in fact, in there based on that 11 estimate. 12 COMMISSIONER BALDWIN: Mm-hmm, thank you. 13 JUDGE TINLEY: Okay. Appreciate you raising that 14 issue, because it hadn't come up on the radar screen before. 15 Ms. Hyde? 16 MS. HYDE: I'm sorry, the Sheriff reminded me, on 17 the position schedule, I didn't do a $5,000 increase over his 18 chief deputy, and he would like that to be clarified by the 19 Court. On the position schedule. 20 COMMISSIONER LETZ: His chief deputy got an 21 increase due to -- 22 MS. HYDE: Longevity. 23 COMMISSIONER OEHLER: We ought to decrease his 24 salary. That's the way to keep them separated. 25 COMMISSIONER WILLIAMS: Balancing act. 9-27-10 48 1 COMMISSIONER OEHLER: Yeah. 2 COMMISSIONER LETZ: What's the difference now? 3 MS. HYDE: The Sheriff will be at $76,898, and the 4 chief will be at $73,614. 5 JUDGE TINLEY: $300, $250? 6 MS. HYDE: About 3,000. 7 COMMISSIONER OEHLER: 3,000. 8 COMMISSIONER WILLIAMS: When was that policy 9 established by the Court? 10 MS. HYDE: A long time ago, sir. 11 COMMISSIONER WILLIAMS: Has it been maintained each 12 year? 13 SHERIFF HIERHOLZER: Until this year. 14 COMMISSIONER WILLIAMS: Pardon? 15 SHERIFF HIERHOLZER: Until this last year, it was 16 still in force. 17 JUDGE TINLEY: It wasn't in effect last year? 18 SHERIFF HIERHOLZER: It was still in force; it just 19 wasn't fulfilled. 20 MS. HYDE: It was fulfilled this year, Rusty. You 21 were $5,000 ahead of him. It's just in this position 22 schedule that it's not. And that -- that's what we've been 23 looking at throughout the budget, 'cause that brought up a 24 lot of -- 25 COMMISSIONER WILLIAMS: Is there any year since the 9-27-10 49 1 Court adopted that particular policy that we have not 2 maintained that policy? 3 MS. HYDE: No, sir, as far as I know. 4 COMMISSIONER WILLIAMS: Thank you. Move approval. 5 COMMISSIONER BALDWIN: Let me ask a question. 6 Approval to... 7 COMMISSIONER WILLIAMS: 5,000 -- 5,000 difference 8 between the chief deputy and the Sheriff. 9 COMMISSIONER BALDWIN: Now, we have a policy that 10 says that the Sheriff will stay ahead by five grand. 11 MS. HYDE: Yes, sir. 12 COMMISSIONER BALDWIN: Is there a court order that 13 says that we shall have a policy? 14 MS. HYDE: Yes, sir. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded that the -- 17 I assume that the Sheriff's salary be adjusted so that it's 18 $5,000 greater than that of the chief deputy for FY 2010-11. 19 Question or discussion? All in favor of the motion, signify 20 by raising your right hand. 21 (Commissioners Baldwin and Williams voted in favor of the motion.) 22 JUDGE TINLEY: All opposed, same sign? 23 (Commissioners Letz and Oehler voted against the 24 motion.) 25 JUDGE TINLEY: Motion carries -- no, motion's tied 9-27-10 50 1 right now. The Chair's going to vote in the affirmative, 2 because the policy exists. The alternative would be to get 3 rid of the policy. 4 COMMISSIONER BALDWIN: That's exactly right. 5 JUDGE TINLEY: Motion does carry. Let's go to Item 6 14; consider, discuss, take appropriate action on joining 7 TCPN Cooperative Purchasing Network and authorizing County 8 Judge to execute resolution and interlocal agreement of same. 9 Commissioner Letz? 10 COMMISSIONER LETZ: We can do this real quick. 11 We're already a member; we joined in 2007, I believe. 12 COMMISSIONER BALDWIN: Second. 13 COMMISSIONER OEHLER: Second -- third. 14 COMMISSIONER LETZ: At least they're on our list -- 15 we're on their list as being a member. If we're -- it's the 16 Region 3, I think is what we -- originally it was called 17 that. But, you know, I think it's a good group to be a 18 member of, but I'm -- we're listed as one of their members 19 right now, so I presume we joined it -- I know we joined one 20 that comes under this a while back. 21 MR. TROLINGER: We joined as part of a video 22 teleconference purchase in 2007. So, I wasn't sure, since it 23 was on the agenda, if we're part of a different region, but 24 we had joined, and last time I checked with the vendor where 25 we purchased equipment from, we were on the list, on TCPN. 9-27-10 51 1 COMMISSIONER LETZ: So I think we're still -- we 2 joined, and we're still a member. 3 COMMISSIONER BALDWIN: And have you used it, John? 4 MR. TROLINGER: Yes, sir, for video teleconference 5 equipment. 6 COMMISSIONER BALDWIN: And how is the relationship? 7 I mean, were they fairly easy to deal with, or did they have 8 the products that you were looking for, et cetera? 9 MR. TROLINGER: Well, it opens up another avenue, 10 another set of vendors to us, basically. Some vendors just 11 aren't on the other schedules. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER LETZ: I looked at -- 14 MR. TROLINGER: That's the difference. 15 COMMISSIONER LETZ: I was going to print all the 16 entities that have joined this, and it was just -- it 17 wouldn't fit. It's a stack that would have been way too 18 thick to print of county -- I looked at -- probably only at 19 counties. And there's probably -- I didn't count them; I'm 20 guessing probably 50 counties in the state, Bexar County, 21 Harris County, Bastrop County. I mean, all different sizes 22 have joined. There's no obligation to do anything. We can 23 check out the prices. If we like it, good. If not, we 24 don't. 25 JUDGE TINLEY: I think that's the important point, 9-27-10 52 1 is that we don't have any affirmative obligation as a member 2 of that organization to use any of the goods or services that 3 are provided by those that offer through them. I would 4 mention that we had a representation by one vendor of 5 third-party administration services for our health benefits, 6 that represented to the Court that we had to deal through 7 that organization or with that company because it had been 8 approved by Commissioners Court, and I assume through this 9 organization, by virtue of membership. 10 COMMISSIONER LETZ: Okay. And I looked at the 11 resolution again on this one, and there's no -- I think it's 12 attached. There's no obligation. We're obligated to -- you 13 know, to use it if we want to, which is kind of -- 14 COMMISSIONER OEHLER: If they have the best price. 15 COMMISSIONER LETZ: Yeah, if they have the best 16 price. 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER LETZ: But I don't believe any action 19 is needed on this one, because we're already a member. 20 COMMISSIONER WILLIAMS: If we already belong, are 21 we rejoining for no reason? 22 COMMISSIONER LETZ: That's what I'm saying; there's 23 nothing to do, no action. 24 JUDGE TINLEY: Okay, no action required. Let's 25 move to Item 15; consider, discuss, take appropriate action 9-27-10 53 1 on requesting H.R. Director to contact TCPN to receive quote 2 for Kerr County health insurance and health benefits 3 administration. Commissioner Letz again. 4 COMMISSIONER LETZ: This is one that they do offer 5 as part of this. They evidently, from my understanding, 6 talking with some other people that are members, that they do 7 RFP nationally, and anyone that wants to, they can provide 8 the health care under that national RFP. And they can -- you 9 know, I think with our health insurance cost being what it 10 is, that this is an avenue to contact them while we're doing 11 RFP right now, and give them our -- what we're -- you know, 12 our current plan, and have them give us a price on it. I 13 don't see there's a down side to doing that. And it's just a 14 way to get one more, you know, company, or one -- another way 15 to look at it. 16 COMMISSIONER WILLIAMS: I'm not opposed to it. I 17 seem to recall this name has come before us previously. 18 COMMISSIONER LETZ: They came, and there was a -- 19 yeah, I believe it's Entrust is the company. And they were 20 -- they do a third-party -- part of the third-party 21 administration. There's two companies that do third-party 22 administration for them. They also offer cafeteria plans and 23 other -- some of the other parts of our -- ancillary parts of 24 our health insurance, through a different company than 25 Entrust. Entrust is one third-party administrator; then 9-27-10 54 1 there's another one with -- I forget the name of the other 2 one. Whatever it is, but they offer all the cafeteria plans, 3 things like that as well. So, you know, to me it's just an 4 opportunity to get another quote. 5 COMMISSIONER OEHLER: Is that a motion? 6 COMMISSIONER LETZ: That's a motion. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval and direction to the H.R. Director to act in 10 accordance. Question or discussion? 11 MS. HYDE: Have you got some numbers and contact 12 information for that? 13 COMMISSIONER LETZ: The web site. 14 JUDGE TINLEY: Mm-hmm. 15 MS. HYDE: Okay. 16 JUDGE TINLEY: Further question or discussion? All 17 in favor of the motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. The motion 20 does carry. Let's go to Item 20; consider, discuss, take 21 appropriate action to accept and approve the -- let's defer 22 on 20 for a moment. Let's go to Item 21. We need to do 20 23 post-budget. Item 21; consider, discuss, take appropriate 24 action to provide updated information on incident at the 25 airport that released raw sewage at Dugosh Aviation and other 9-27-10 55 1 possible sites at the airport. Commissioner Williams? 2 COMMISSIONER WILLIAMS: Judge, I put this on as a 3 part owner of the airport; certainly not as a part of the 4 management of it, but there was an environmental incident 5 that took place at the airport a couple weeks ago. The net 6 result of that was that there was some broken manholes and 7 raw sewage backed up or flooded into one of the tenants' -- 8 Dugosh Aircraft, or air-whatever, at the airport. I would 9 like for Mr. Garcia -- Ray Garcia and Tish Hulett just to 10 bring the Court up to date on what took place and what, if 11 anything, is in process right now to correct it. 12 MR. GARCIA: On the 20th of September, we received 13 a complaint of a sewage spill at the airport, particularly at 14 Dugosh Aircraft. I sent Ms. Hulett and David Seagraves out 15 to inspect the complaint, and Ms. Hulett returned. There 16 was, in fact, a sewage spill. We requested a spill report 17 from the city also, Commissioner Williams, and we received 18 the spill report; estimated volume of 700 gallons that were 19 spilled in the Dugosh Aircraft. And I'll let Ms. Hulett give 20 you the particulars as to what her inspection revealed when 21 they were sent out to Dugosh airport hangar. 22 MS. HULETT: Yes. When we arrived, it was about 23 2:30 in the afternoon -- 24 COMMISSIONER WILLIAMS: Speak up a little bit, 25 Tish. 9-27-10 56 1 MS. HULETT: Excuse me. When we arrived, it was 2 about 2:30 in the afternoon, and most of the water had been 3 evacuated. There was a company there that was to do the 4 clean-up. There was a lot of silt on the floor, but like I 5 say, most of the water had been removed. We did learn that 6 there were two crushed manholes, is what they believe caused 7 the problem. And I think the city is trying to work with the 8 -- the construction company that did the damage, and so 9 they're trying to get them to correct it. 10 COMMISSIONER WILLIAMS: The resulting broken 11 manholes are -- that's the result of a contractor doing a 12 major project for the airport; is that correct? 13 MS. HULETT: That's correct, yes. 14 COMMISSIONER WILLIAMS: All sewage is cleaned up? 15 MS. HULETT: To my knowledge, yes, it has been. 16 COMMISSIONER WILLIAMS: Okay. All the reports 17 filed? 18 MS. HULETT: All -- 19 COMMISSIONER WILLIAMS: With all the -- 20 MS. HULETT: Yes, sir, they have been. In fact, I 21 e-mailed you a copy of that this morning; we received it this 22 morning. 23 COMMISSIONER WILLIAMS: Anything outstanding that 24 your department needs to be involved in? 25 MS. HULETT: Not at this point, no. 9-27-10 57 1 COMMISSIONER WILLIAMS: Thank you. 2 COMMISSIONER LETZ: My only question or comment 3 would be on this is that there's a -- you know, the 4 management of the airport is getting ready to change, and -- 5 in four days we'll take over management, and the City's doing 6 it now. I want to make sure that -- that this is on the 7 City's management, not our management. Because I don't want 8 us to be, you know, in the middle of the -- there's a lot of 9 paperwork on this type of thing. I want to make sure that's 10 all wrapped up by the City, and there's also some question 11 about who's at fault, I understand. I just want to make sure 12 that that's -- you know, that doesn't go -- that doesn't come 13 with the -- the next year's management of the airport. 14 COMMISSIONER WILLIAMS: Make sure we don't come 15 with baggage, huh? Most of these reports and so forth are 16 the product -- should be the product of -- of their sewage 17 department, correct? 18 COMMISSIONER LETZ: Right, I think so. I just want 19 to make sure. 20 MS. HULETT: Yes. 21 COMMISSIONER WILLIAMS: Okay. Thank you very much, 22 both of you. 23 JUDGE TINLEY: Anything else on that item, -- 24 COMMISSIONER WILLIAMS: No, sir. 25 JUDGE TINLEY: -- Commissioner? Okay. At this 9-27-10 58 1 time, I will recess the Commissioners Court meeting and we'll 2 go to Item 16 and convene a public hearing on the fiscal year 3 2010-11 Kerr County budget. 4 (The regular Commissioners Court meeting was closed at 10:02 a.m., and a public hearing was held in 5 open court, as follows:) 6 P U B L I C H E A R I N G 7 JUDGE TINLEY: Is there any member of the public 8 that wishes to be heard with respect to the 2010-11 Kerr 9 County budget? If you'll come forward, give us your name and 10 address and whatever comments you wish to make with that 11 regard. 12 MR. WRIGHT: Thank you, sir. Brian Wright, Center 13 Point. Good morning, Judge and Commissioners. Appreciate 14 you having me here. First, I'd like to thank all of you on 15 the Court. You guys have taught me a lot in the last several 16 weeks. I've learned that you should never say that you have 17 a lot on your plate, as one of the Commissioners would start 18 thinking about lunch. Levity aside, in all seriousness, I 19 would like to applaud the Court's efforts in dealing with the 20 budget. As a taxpayer, I appreciate the Commissioners' 21 gesture of taking a proposed one-year pay decrease. I would 22 like to say a heartfelt thank-you to all the other elected 23 officials that also voluntarily accepted a proposed decrease 24 for the upcoming budget year. 25 As a taxpayer, I am disappointed that the Court did 9-27-10 59 1 not anticipate and plan better for what has now become a 2 budget crisis. Four years ago, the voters approved a tax 3 freeze on property values for anyone over the age of 65. Two 4 years ago, the global economy was rocked by the sub-prime 5 mortgage industry. That recovery is still affecting things 6 in all our personal lives. It is still affecting matters on 7 the county, city, state, and federal levels. The budget 8 should never have come to the point of having to talk about 9 cutting services and county employees. As a taxpayer, I 10 certainly do not want to hear that services will be cut. As 11 a former ranch manager, and having only a staff of 12, and 12 not 290, I would certainly have figured out a better way of 13 approaching the personnel problems rather than in open court. 14 Having said all this, the Court has on its agenda 15 several items that I hope that we'll take a look at again. I 16 would like to ask the Court to consider deferring any or all 17 of the items they can, at least for the coming budget year. 18 Item 1.24 for the amount of $371,763.92, the Kerrville South 19 Wastewater Project, Phase IV, could that project be deferred 20 in the coming budget year and planned for the following year? 21 Item 1.26 for the amount of $297,635, repairs to Flat Rock 22 Dam and Ingram Lake Dam, are these repairs absolutely 23 essential to do both of them -- are these -- are these 24 repairs absolutely essential, and do both of them need to be 25 done this coming year? Could at least a portion of these 9-27-10 60 1 projects be deferred for the coming budget year and planned 2 for the following year? Item 1.28, acquisition of property 3 in east Kerr County. Is it absolutely necessary for this 4 year's or next year's budget, or could it be deferred? I'm 5 all for a fire sale. If it's at market value or above market 6 value that -- the land you guys were thinking, I would think 7 that hopefully we could look at it again. 8 Although it might be a little embarrassing to defer 9 these projects or contracts, I think it would be even more 10 embarrassing to ask for a large tax increase and make county 11 staff worry about their employment. As a taxpayer, I would 12 like to again ask the Court to defer any projects they can. 13 Keep my services the same and stop talking about laying off 14 employees, or what sounds like strongly suggested attrition. 15 If the county has an employee or official that is not 16 performing their job, that is a whole other issue that the 17 department heads or the voters should address. Planning, 18 communication, reasonable spending, and small incremental tax 19 increases the last four years could have saved the court a 20 lot of headaches and sleepless nights for everyone involved 21 over the last several weeks. It is the 11th hour and 59th 22 minute for next year's tax budget. 23 As a taxpayer, I think that the budget decisions 24 the Court makes today will impact the next two elections. Am 25 I right? Time will tell. We had some great rains this last 9-27-10 61 1 week. Everything's turning green. Our first cool front came 2 through. I slept with the windows open last night. This is 3 the reason I live in the Texas hill country. This is the 4 reason I live in Kerr County and the state of Texas. Let's 5 get this behind us and move forward in a positive way, and 6 again make Kerr County one of the greatest counties in Texas. 7 Thank you. 8 JUDGE TINLEY: Thank you, sir. 9 MR. WRIGHT: Yes, sir. 10 JUDGE TINLEY: Is there any other member of the 11 public or the audience that wishes to be heard with respect 12 to the 2010-11 Kerr County budget? Anybody else wishes to be 13 heard on that? At this time, I will close the public hearing 14 with respect to the fiscal year 2010-11 Kerr County budget. 15 (The public hearing was concluded at 10:09 a.m., and the regular Commissioners Court meeting was 16 reopened.) 17 - - - - - - - - - - 18 JUDGE TINLEY: It's not quite to 10:15. Let's go 19 to Item 22, if we might. Consider, discuss, and take 20 appropriate action to amend Resolution 31771 adopted by Kerr 21 County Commissioners Court on June 14th, 2010, to include one 22 additional Hill Country Telephone exchange not previously 23 provided. Commissioner Williams? 24 COMMISSIONER WILLIAMS: Hill Country Telephone 25 Company came to us back in April -- or June, rather, and 9-27-10 62 1 wondered if we would adopt a resolution assigning the various 2 exchanges that they provide service from under each of us on 3 our particular jurisdictions. They left one out when we 4 adopted the resolution on June 14th. That happens to be the 5 Medina exchange, and happens to fall to Commissioner Oehler. 6 I know he'll be so pleased to accept that, so I would move 7 this adopted resolution be approved. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made -- 10 COMMISSIONER WILLIAMS: Amended. 11 COMMISSIONER OEHLER: Amended. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the amended resolution. Question or discussion 14 on that motion? All in favor of that motion, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Let's move 20 to Item 23; to consider, discuss, and take appropriate action 21 on Change Order Number 1 with Southwest Fabricators for the 22 Hill Country Youth Exhibit Center rodeo arena. Commissioner 23 Letz? 24 COMMISSIONER LETZ: Most of this is what we talked 25 about, I believe, at our last court meeting, to just go to 9-27-10 63 1 welding wire as opposed to no-climb wire. And there's 2 another item on the change order related to the roll-up door, 3 and it's adding a lock. So, that total amount of the change 4 order is $2,938.40. Move approval. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item. Question or discussion on that 8 motion? All in favor of that motion, signify by raising your 9 right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. Let's move 14 to Item 25; to consider, discuss, and take appropriate action 15 regarding obtaining aviation liability insurance for the 16 Kerrville/Kerr County Municipal Airport. Ms. Hargis? 17 MS. HARGIS: I think that in your agenda package 18 you have a proposal from a company -- another agency to get 19 liability insurance, and I guess I need to back up just a 20 little bit. The Texas Association of County Auditors -- I 21 mean -- not County Auditors, but insurance agency will not 22 insure airports, so we had to go outside to get a different 23 carrier. I had been told that the T.M.L. would, which is the 24 current carrier there, the Texas Municipal League, would 25 carry us if the City of Kerrville were willing to do so. The 9-27-10 64 1 City of Kerrville had told me they would not, until Friday; I 2 received a telephone call from the City Manager saying that 3 they would agree to allow us to include that coverage by just 4 simply paying them the premium that is currently on -- on 5 their policy, which is about 2,500, as opposed to the 4,000. 6 So, basically, I would recommend that we stay with that 7 carrier for consistency and -- and cost. We will, of course, 8 reimburse the City of Kerrville for those costs, which I 9 think is in our contract. 10 COMMISSIONER WILLIAMS: That current carrier is 11 T.M.L. or T.A.C.? 12 MS. HARGIS: The current carrier is T.M.L. 13 COMMISSIONER WILLIAMS: Okay. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Ms. Hargis, the -- the quote that you provided 18 here from Phoenix Aviation Managers to insure through Old 19 Republic, you've got two different quotes, one for an 20 aggregate 10 million liability; the other is for a 5 million 21 aggregate liability. I assume the one you're talking about 22 is the $10 million aggregate liability? 23 MS. HARGIS: That's correct. It's the current 24 amount that they are carrying today, is 10 million. 25 JUDGE TINLEY: Okay. So the current T.M.L. 9-27-10 65 1 coverage is -- is 10 million aggregate liability. Basically, 2 has the same coverage provisions of the Phoenix quote that is 3 attached to our materials? 4 MS. HARGIS: That is correct. And the reason that 5 the T.M.L. is less is just -- it's like ours. It's a pool, 6 so they offer the coverage to cities at a lesser amount. But 7 T.A.C. won't cover airports. They'll cover the property 8 side, not the liability side. 9 JUDGE TINLEY: Okay. So, the -- as opposed to the 10 quote you have from Phoenix Aviation of 4,500 and change -- 11 MS. HARGIS: It's 2,597, I believe is how much 12 theirs is. 13 JUDGE TINLEY: About 2,600 through T.M.L., huh? 14 MS. HARGIS: Right. 15 JUDGE TINLEY: Okay. Makes a lot of sense, now 16 that -- and the only requirement is that the City have some 17 ownership interest in the airport as an eligibility for them 18 to be able to do it through T.M.L., I believe. Is that -- 19 MS. HARGIS: That's correct. You have to have city 20 ownership, and since we're partners, that would -- would 21 apply. 22 JUDGE TINLEY: Okay. We have a motion and a second 23 to obtain the insurance through the City's ability to obtain 24 coverage through T.M.L. for the $10 million aggregate limit. 25 Question or discussion on the motion? 9-27-10 66 1 MR. HENNEKE: Judge,I'm not familiar -- a couple 2 questions. One, is this -- since it's joint ownership, is 3 this a policy that we're going to be splitting with -- with 4 the City? 5 JUDGE TINLEY: I don't think so. 6 MS. HARGIS: We don't -- because we are now the 7 managing partner and pay the operating expenses, we won't 8 split the cost. But they will keep it on their insurance 9 policy, and then we will pay the premium. 10 MR. HENNEKE: Okay. 11 JUDGE TINLEY: Part of our obligation under our 12 management contract, -- 13 COMMISSIONER LETZ: Right. 14 JUDGE TINLEY: -- essentially. 15 MR. HENNEKE: Okay. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER OEHLER: So, we're obligated to 18 provide all the insurance. 19 COMMISSIONER LETZ: Yeah. 20 MS. HARGIS: As part of the operations. 21 COMMISSIONER LETZ: They have in the past. 22 COMMISSIONER OEHLER: Okay. 23 JUDGE TINLEY: Any other questions or comments? 24 All in favor of that motion, signify by raising your right 25 hand. 9-27-10 67 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Let's go 5 back to Item 17. It is now 10:15. That is a timed item. 6 Consider, discuss, take appropriate action to adopt the 7 fiscal year 2010-11 Kerr County budget. 8 COMMISSIONER LETZ: Judge, I might make a brief 9 comment, a little bit in response to Mr. Wright's statements. 10 The items that he mentioned, I believe all of them are 11 capital items that have already -- they're coming out of a 12 different fund. It has no impact on our operating budget, so 13 deferring those two things -- one, those funds were already 14 dedicated, and they're -- that money's already set aside for 15 all those projects. And part of it, I think, is state money 16 anyway; it's not county money. But, anyway, those projects, 17 all the capital items, don't have any impact, and they're 18 already coming out of designated funds or capital line item 19 where that money's been set aside for those projects. 20 COMMISSIONER WILLIAMS: Let me add to that, 21 Commissioner. There are some other considerations that 22 Mr. Wright may not know. Phase IV of the Kerrville South 23 Wastewater Project is a wholly grant-funded project that goes 24 back about four or five years. It is an over $3 million 25 project, this being the last phase. If we do not complete 9-27-10 68 1 this phase this year, we can be -- we can turn those moneys 2 back to that agency that granted -- gave us the grant. I see 3 no reason why we would want to do that. It is not Kerr 4 County tax dollars. To-date on the $3 million-plus project, 5 Kerr County has $14,000 in it. That would seem to me to be 6 very counterproductive to not finish this project and 7 eliminate some other failing septics in Kerr County. 8 MR. WRIGHT: I appreciate the clarification. 9 COMMISSIONER OEHLER: Another thing about the -- 10 what Jonathan mentioned about doing these projects that are 11 coming out of capital funds, those funds cannot be 12 redesignated to our maintenance and operation budget. They 13 can only be spent for capital items, and so, like he says, it 14 has no impact on what -- what is proposed to be spent within 15 maintenance and operation budget for the coming year. 16 COMMISSIONER LETZ: And probably just a further 17 example on this fund, there's money set aside for -- or is 18 designated, at least, by the Court for some Ag Barn 19 renovations. What we're doing out there right now is out of 20 some of that same funds, some bonds that are, I guess, three 21 years old -- three or four years, some of those. And, you 22 know, we can reallocate what capital projects they're used 23 for, but they have to be used for capital projects, and these 24 are projects that have been -- all the ones that you 25 mentioned, I believe, they've been in the works for years. 9-27-10 69 1 So -- 2 JUDGE TINLEY: Any other question or comments? 3 COMMISSIONER BALDWIN: One other comment to 4 Mr. Wright. He made the comment that he appreciated the 5 Commissioners Court for the one-year pay decrease. We did 6 kind of talk about that being a one-year at that time, you 7 know, next year restoring the salaries back to the present 8 level. I can tell you that -- that that ain't going to 9 happen. Next year it'll be -- the first year, it'll be the 10 employees, and rightfully so. I'm not complaining; I'm just 11 saying this is not going to happen. And then once you start 12 trying to restore it, then the public's going to come unglued 13 about giving ourselves a pay raise and voting for our own pay 14 raise, which some folks seem to think there's some criminal 15 activity in that. But I don't know of any other way to get a 16 pay raise if I don't vote for it. But -- so it's really and 17 truly not a one-year. This could easily be a permanent 18 reduction, and -- or as long as I'm going to be here, anyway. 19 So, if I had the opportunity, I think I would remove mine and 20 not take the decrease. 21 COMMISSIONER LETZ: Hopefully it's one year, but 22 we'll see. You're -- everything you said is very likely. 23 JUDGE TINLEY: Likely? Probable? The incongruity 24 that I see in it is that the -- of course, this Court has the 25 ability to establish the compensation for every elected 9-27-10 70 1 official in this county. We have the ability in one fell 2 swoop, one vote, stroke of the pen, to establish that for 3 every elected official in the county. The thing that I have 4 difficulty with is when there's a mandate, a court order, as 5 it were, as to the Commissioners Court, and the other elected 6 officials are put on a voluntary basis, seems to me we got 7 two different standards that we're using. We ought to have 8 one standard, be it Court-mandated or voluntary. That's the 9 only inequity that I see in the whole process. 10 COMMISSIONER LETZ: I think -- just a quick 11 response to that, Judge, is that because we are the body that 12 handles the budget, I think it's a way to -- you know, it has 13 been said many times during this budget process that we 14 should have raised taxes every year for the last four or five 15 years, a little bit every year, and I was against doing it 16 then, and most of the members of the Court were at the time. 17 But that may not have been the right thing to do, in 18 retrospect. And I -- to me, this is a -- you know, we are 19 the responsible party or entity for the budget, and we are in 20 the tightest budget since I've been a commissioner. I think 21 it's a way to show the public that we're taking some 22 responsibility. And it was just -- you know, the dollars -- 23 you know, $6,000 didn't have a huge impact on us. I 24 appreciate those other elected officials that did it. I wish 25 more would have. But everyone has, you know, their -- to do 9-27-10 71 1 what they want. My intent is to try to put them back where 2 they were next year. Enough on the -- our salaries. 3 COMMISSIONER OEHLER: Well, I -- you know, I've 4 said it several times during the course of -- of the budget 5 process, and how quickly, you know, some maybe forget how 6 good maybe it was a couple of years ago when some of our 7 hourly people got as much as almost 13 percent. And, of 8 course, that was bringing them up to a point to where it was 9 supposed to make them whole or something. I think that's 10 fine. But during that time, the elected officials and 11 department heads cut a million dollars out of their budgets 12 so that it could be paid to the employees. Plus there was an 13 additional tax increase to cover the whole budget and the 14 increase in salaries. So, you know, my proposal is that, you 15 know, we -- we all kind of walk hand-in-hand down the same 16 path pretty much, and we should all be willing to do what we 17 have to during the bad times, and do what we can during the 18 good times. But we should remember that we don't give all 19 the money that comes in as an additional windfall to salaries 20 whenever it happens. We need to put some money back in 21 reserves. And I think that's part of the reason we're where 22 we are. Of course, hindsight's 20/20. But I think it -- you 23 know, I'll say it one more time. I think everybody ought to 24 take an across-the-board 2 and a half percent pay cut; 25 everybody keeps their jobs, and we're able to survive the 9-27-10 72 1 year. 2 COMMISSIONER WILLIAMS: There were a lot of 3 comments at a previous public hearing that would suggest that 4 we just dove into this thing about three weeks ago and 5 finally found out that, oops, we got a little problem here. 6 Such is not the case. We started this process back in June, 7 worked on it through every single department head and elected 8 official over and over again throughout the time frame, and 9 the budget that's in front of you today is about -- almost 10 $1 million less in expenditures than the budget that the 11 County Judge filed about a month ago. That's on top of what 12 had been done before. So, for any to take exception with the 13 fact that we may not have been doing our job fiscally, I take 14 exception to those comments. The thing that's very important 15 to me, of course, as Commissioner Baldwin pointed out, are 16 our employees. If there's one thing about this particular 17 budget that I don't like, it is the fact that we cannot 18 accommodate them through some form of cost-of-living 19 allowance. Their expenses go up just like yours and mine go 20 up. They got to buy a pound of coffee at H.E.B. for the same 21 price you have to pay for yours, and there's absolutely no 22 difference whatsoever. Their expenses remain the same, and 23 they continue to go up. 24 So, I think our first order of business when we get 25 a little stability is that we have to make it right with our 9-27-10 73 1 employees. Another thing that I think is very, very 2 important -- to me it's very important -- in terms of the 3 adoption of a budget, we have a fiscal obligation to protect 4 the integrity of Kerr County with respect to its reserves. 5 If our reserves get into a position that is troublesome, 6 problematic, and might leave us subject to the -- to the 7 whims of going into the public market for funding on a 8 temporary basis, that's wrong. And if we have the ability to 9 correct it, now's the time to correct it, and that's where I 10 am. 11 COMMISSIONER LETZ: And I think another -- a 12 general comment. And I thank Commissioner Baldwin, probably 13 more than any other commissioner, for bringing up certain 14 slots that we fund or things we pay for. And I think that -- 15 obviously, we've talked a lot about the city in our meetings, 16 and I'm sure we'll meet with them in the near future, but 17 there's other groups or entities or individuals that are 18 funded, and I think that it's time for us to take a real hard 19 look at some of those. I know Commissioner Baldwin brought 20 up the trapper contract, and I think that -- and since that, 21 I was -- I've been thinking about it. I've asked the 22 Auditor, and she has prepared -- done some research as to 23 whether we can kind of charge a user fee for that service, at 24 least to cover part of it, if not all of it. I think there's 25 things like that -- I think we look at D.P.S. very carefully, 9-27-10 74 1 where that secretary is, if that's making -- or I guess 2 making money for the county is kind of hard; we really don't 3 make a profit, but if we're getting a return that makes that 4 justified. 5 I think we need to look at some of these positions 6 that have been in our budget for a long time and make sure 7 they are. I think the final thing is the attrition. I fully 8 intend that we reduce staff. I know I want to hold those 9 elected officials accountable that have agreed to do it. I'm 10 sure they will; I trust them. The departments that are under 11 the Court, it's going to be very difficult to replace some of 12 these employees if we do get any retirements, because we 13 still have to, in my mind, reduce our staff by about 10 14 during the next coming year. Otherwise -- that's the only 15 way that I can see that we're going to get any breathing room 16 in our next budget. 17 JUDGE TINLEY: I'm awaiting a motion, gentlemen. 18 COMMISSIONER WILLIAMS: I'll move we adopt the 19 fiscal year '10-'11 county budget as it is currently 20 constructed. 21 COMMISSIONER LETZ: I'll second. 22 JUDGE TINLEY: We have a motion and a second to 23 adopt the FY 2010-11 Kerr County budget. I assume after all 24 the various adjustments that have been made? 25 COMMISSIONER WILLIAMS: Yes, sir. 9-27-10 75 1 JUDGE TINLEY: In its current configuration? 2 COMMISSIONER WILLIAMS: Yes, sir. 3 JUDGE TINLEY: Question or discussion on that 4 motion? All in favor of that motion, signify by raising your 5 right hand. 6 (Commissioners Williams and Letz voted in favor of the motion.) 7 JUDGE TINLEY: All opposed, same sign. 8 (Commissioners Baldwin and Oehler voted against the 9 motion.) 10 JUDGE TINLEY: We have a two-to-two tie. Chair 11 votes in favor of the motion. The budget is adopted. We 12 have a 10:20 item that we'll go to right now, Item 18. 13 Consider, discuss, take appropriate action to adopt the 2010 14 Kerr County tax rate, same to include maintenance and 15 operations, interest and sinking, and lateral roads tax rate. 16 Ms. Bolin? 17 MS. BOLIN: Well, we have to figure out what you 18 gentlemen want to do. The Auditor just showed me that the 19 current budget, as amended, is at a 2.5 cent increase. 20 COMMISSIONER WILLIAMS: Say that again, please? 21 MS. BOLIN: The budget that you just approved was 22 at a 2.5 cent increase. 23 COMMISSIONER WILLIAMS: No, that was her 24 recommendation. 25 MS. BOLIN: That's -- 9-27-10 76 1 MS. HARGIS: That's my recommendation. 2 MS. BOLIN: Okay. 3 MS. HARGIS: That's what's in the budget. 4 COMMISSIONER WILLIAMS: Pardon? 5 MS. HARGIS: That's what's in the budget. 6 JUDGE TINLEY: That's the number that the budget is 7 based upon. Now, that's not the adoption of a tax rate. 8 COMMISSIONER WILLIAMS: Important to point that 9 out. 10 JUDGE TINLEY: Yeah, mm-hmm, I would agree with 11 you. 12 COMMISSIONER BALDWIN: What happened to the 1.25? 13 MS. HARGIS: I never had a 1.25. I had one and a 14 half. 15 COMMISSIONER BALDWIN: 1.50. I had a 1.25. 16 COMMISSIONER LETZ: I had a one. Kind of went 17 where your 1.25 went, I'm afraid. 18 MS. HARGIS: Each of these sheets, again, show the 19 different levels. Start with a penny and a half, and you go 20 to 1.75, then two, and then two and a half. 21 COMMISSIONER WILLIAMS: Right off the top, I have a 22 problem with these various tax rates, because it states up at 23 the top of these pages, "no staff reduction." But I think 24 it's pretty much the sense of the Court that there -- there 25 is going to be attrition, probably as much as 10 positions 9-27-10 77 1 over the next budget year, so where do we go from there? 2 MS. HARGIS: Well, the no staff reduction, that's 3 no mandatory staff reductions. So, the attrition -- the 4 attrition can happen; it's just not part of the budget. I 5 can't budget an unknown. So, this particular one said that 6 there's no mandatory. It doesn't mean that you're not going 7 to have staff reductions. That will come off in the adopted 8 budget. But I can't show a figure in the budget that doesn't 9 exist. 10 COMMISSIONER WILLIAMS: What you're saying, then, 11 is you can't reflect in the budget the cost equivalency of 10 12 -- of a 10-person staff reduction? 13 MS. HARGIS: No. 14 COMMISSIONER WILLIAMS: Explain to me why. 15 MS. HARGIS: Because I don't know, first of all, 16 what positions that would be that would go to attrition, and 17 that's a number that could happen and may not happen. And I 18 really -- that's a number that I can't bank. 19 COMMISSIONER BALDWIN: Really, I agree with you. 20 The only way to do it is to be specific of how many people, 21 where they are, and when they go. Only way to do it. That's 22 the only way to budget for it. 23 MS. HARGIS: I mean, we can request those attrition 24 numbers, and then our bottom line -- then our reserves will 25 increase by that. But I can't -- I can't put an unknown in 9-27-10 78 1 the budget, 'cause it's a number I don't know whether we'll 2 reach or we won't reach. I mean, to me, that's -- to say -- 3 COMMISSIONER WILLIAMS: In each of these scenarios 4 that you've provided to us, Ms. Hargis, you're showing an 5 opening balance -- estimated balance of -- of various and 6 sundry accounts, estimated balance of 9/30/2010 -- I'm 7 looking at the one of a penny and a half, okay? And the 8 estimated final balance there is 3.552741, and if we adopt a 9 tax rate of 1.5, or a penny and a half, our ending balances 10 would be 3.933973, representing what percentage of increase 11 to the reserves? 12 MS. HARGIS: Not very much. In fact, we're down. 13 We're down from 17 percent to 13.97, so we're not really 14 helping the reserves very much at the penny and a half. The 15 penny and a half just gets us to the -- at least level with 16 where we are today. I mean, that's what I've been trying to 17 discuss with you on the long-term. The other funds, the 18 first section of funds are -- have some tax money in them. 19 The second section of funds are -- are fee-driven funds that 20 are not taken into consideration with the tax rate. The top 21 group, which includes our debt service funds and our other 22 funds, require us to have a percentage of our tax rate in 23 those. The penny and a half is -- is just not going to raise 24 that much money, strictly because we've had to reduce our 25 revenue. I mean, we've also -- we've reduced our expenses. 9-27-10 79 1 The problem is, our revenue is still going to have to be at a 2 million dollars less than it was last year, because we don't 3 have the revenue coming in. I'm still not seeing it. I've 4 been checking it -- actually, the fees that come in daily, 5 I've been checking. The ones from the clerk's offices come 6 in on a monthly basis, so I really can't tell you what they 7 were for this month, but there was no increase in -- in 8 September for their August fees. The sales tax didn't go 9 down a lot, but it went down $2,000. We've had one tiny bump 10 in the entire year of about $10,000; otherwise, we're about 11 $325,000 lower than we had been, actually back almost 2006. 12 COMMISSIONER LETZ: A related question a little 13 bit. I know a while back you provided a report, I know, to 14 me about sales tax receipts -- 15 MS. HARGIS: Mm-hmm. 16 COMMISSIONER LETZ: -- from businesses. And there 17 was -- in your mind, and I know in my mind, there were 18 mistakes on it from the Comptroller's office. How do we 19 correct that? Which would increase our sales tax. And how 20 far -- and does that -- if it is corrected, will they go back 21 retroactively? 22 MS. HARGIS: Yes, it will go back retroactively, 23 but we have to do our own self-audit or we have to hire a 24 firm, which gets a little bit expensive. That's why I handed 25 each of you your own precincts to review, because -- to let 9-27-10 80 1 me know whether there were some mistakes that you readily saw 2 from businesses that you knew were either here or not here. 3 One of the things you find in sales tax where you've got 4 overlapping jurisdictions, especially where you have county 5 boundaries and city boundaries that are kind of real close 6 together, in the same zip code, is that some people will 7 think they're in the city limits and some people will not. 8 And so if they think they're in the city limits, and -- and 9 they -- you know, for instance, in Gillespie County, if they 10 think they're in Kerrville, or if they think they're in -- in 11 Fredericksburg, they'll sign up for one or the other. They 12 don't really look necessarily at the county they're in, but 13 the city they're closest to, so they will sign up for the 14 wrong city or the wrong county. And what happens is, until 15 somebody catches it, the Comptroller's office has no 16 obligation whatsoever to watch this. We do. And it's a huge 17 roll, and it's really impossible for me to know everybody in 18 everybody's precinct. 19 We did find some in yours that were businesses 20 being done out of people's homes. This is one of your 21 primary areas where it happens. But another place it 22 might -- you know, it's really easy on 16, going out 16, or 23 going out Harper Road or going out towards Comfort and 24 Kendall County; our boundaries are so close together in those 25 areas that it's real easy that we have businesses who have 9-27-10 81 1 registered in the other -- in the other county. And, you 2 know, if we can hire a firm to do this, it's usually very 3 expensive. I did one of these before I left my practice in 4 Houston; cost me about $30,000. So, the best thing to do is 5 for everybody to review these lists themselves. Let's look 6 at them and try to see what we can do on our own. If we 7 still think there's a lot of mistakes there, then we can hire 8 a firm to come in. You literally almost have to drive around 9 to see -- and get a receipt. And that's what I have done. 10 COMMISSIONER LETZ: I would encourage the rest of 11 the Court -- I have gone through mine. Probably go through 12 again, 'cause there are quite a few mistakes. And, you know, 13 it's -- is it going to solve our budget problem? No, but 14 there's no reason to let Kendall County get the money that we 15 should be getting, even if it's $5,000. 16 MS. HARGIS: What happens -- 17 COMMISSIONER WILLIAMS: So, an independent audit, 18 how far back would we go? 19 MS. HARGIS: Usually they don't -- you know -- 20 well, you can go back as far as you want, but two years 21 probably, you know, because the statute is about two years on 22 some of this stuff for billing and that kind of thing. 23 COMMISSIONER LETZ: I wouldn't recommend doing an 24 audit. I just think we should do it internally. 25 COMMISSIONER WILLIAMS: Okay. 9-27-10 82 1 MS. HARGIS: We tried to put those rolls in an easy 2 fashion, because they came in just with everybody mixed 3 together. They're by zip code, mostly. 4 COMMISSIONER LETZ: Okay. Anyway, just an aside, 5 but related. 6 COMMISSIONER BALDWIN: Judge, the agenda item, is 7 that a -- it looks kind of like that we're going to vote on 8 the tax rate that's set with that budget. Does this -- does 9 this agenda item allow enough leeway to change the tax rate? 10 MS. BOLIN: You can go up to the amount that was 11 published, which we're not -- we're not even close to. 12 JUDGE TINLEY: Ms. Hargis, with respect to your 13 familiarity with all of the finances of Kerr County, is 14 there, in your opinion, an increase that you feel is 15 absolutely essential in order to maintain the financial 16 stability and integrity of the county and remain in good 17 standing with those that hold our debt, that we must report 18 to at least annually? 19 MS. HARGIS: This is just my opinion, and -- and 20 the Court can do what they want, but I -- I presented the 21 original budget at 3 cents because I felt -- actually at 5 22 cents, because we were so far behind in our reserves. After 23 going through the budget hearings, we published the budget at 24 3 cents, and there was a lot of opposition to that. But in 25 order to get us back at least to the 3 million mark, which is 9-27-10 83 1 really comfortable enough to go a month and a half, we need 2 to be at the two and a half cents. And that's why I included 3 the two and a half cents in this budget. That doesn't mean 4 that's what I would -- I feel, as your Auditor and as the 5 accountant for the county, that in order for us to be stable, 6 we need to think about the two and a half. There's -- my 7 reasoning is that I feel like, first of all, we're at 13 8 percent; it's not a good coverage. Even at 14 percent, it's 9 not a good coverage. And the 3 million I have seen go down 10 enough that we -- and -- and the Treasurer and I went back 11 and started looking again. We actually got down to $192,000 12 at one point. You know, we -- in order to maintain the 13 coverage that we need in October and November, it's going to 14 take $3 million. You can't do it on 2 million. We're going 15 to -- we're not going to hit the 2 million. We're going to 16 be lower than the 2 million. We're at a million, seven now; 17 we haven't even done the last payroll. 18 JUDGE TINLEY: You need to be at 3 million, then, 19 it looks like. 20 MS. HARGIS: That's why I recommended the two and a 21 half. 22 JUDGE TINLEY: Look like it needs to be three. If 23 you're talking about having 3 million, that's 2.9, 2.8 and 24 change. Am I not reading this correctly? 25 MS. HARGIS: To be at 3 million -- 2 million, 9. 9-27-10 84 1 2 million, 7 is at two and a half. I could live with the two 2 and a half. I proposed the three, and again, there was such 3 great opposition that I pulled back to the two and a half. 4 You have a copy of the three-cent in front of you. My 5 biggest concern, again, is not only to maintain our current 6 fund balance that we need to have in our account, but also if 7 -- if our tax values go down next year, then we're -- we're 8 going to have a real problem. And that -- 9 JUDGE TINLEY: I believe preliminary indications 10 are that those values do appear to be falling. 11 MS. HARGIS: It's my understanding that the 12 Appraiser has visited our Tax Assessor and has provided that 13 information to her, which makes me even more concerned that 14 if our values go down -- now, I know some people say this 15 hasn't happened. I don't know if it's happened in the hill 16 country, but it did happen in the Houston area in the 1980's. 17 We actually saw values go down, which was a real detriment to 18 the taxing entities there, and very, very difficult to 19 maintain. And it stayed that way for almost five years. So, 20 you know, once they go down, it's very hard to recoup them 21 back up. And your effective rate is based on your total 22 value, so that's going to pull it down. So, our effective 23 rate may be what our rate is today, and we won't be able to 24 go up without going close to the rollback rate. So, the 25 opportunity to go up may not be there next year. 9-27-10 85 1 JUDGE TINLEY: Gentlemen, we're going to be on this 2 one for a while. I need to give our court reporter a break. 3 If we're going to do something quickly, why, let's go ahead 4 and get it done. Otherwise, I want to do a recess here. 5 COMMISSIONER LETZ: Take a break. 6 JUDGE TINLEY: Okay. Why don't we take about a 7 15-minute recess. 8 (Recess taken from 10:45 a.m. to 11:05 a.m.) 9 - - - - - - - - - - - 10 JUDGE TINLEY: Okay, let's come back to order, if 11 we might, from our recess. We were under way on Item 18; 12 consider, discuss, take appropriate action to adopt the 2010 13 Kerr County tax rate, that rate to include maintenance and 14 operations, interest and sinking fund, and lateral roads tax 15 rate. Ms. Hargis, I think you had -- 16 MS. HARGIS: We have our financial adviser here 17 today, and, you know, we've been talking about being 18 fiduciary responsible. And, you know, I'd like for him -- I 19 know he came last year, but he -- to say a few words, to kind 20 of go over and maybe reiterate hopefully what I've already 21 said. So, Mr. Henderson, I'm going to call on you to help me 22 a little bit. 23 MR. HENDERSON: I was -- this is unexpected. I was 24 in Gillespie County this morning; we were talking about jail 25 refunding over there. Ms. Hargis and the Judge and I have 9-27-10 86 1 been talking about Lake Ingram Road District; I came down 2 here to talk about that. I had no idea I was walking into a 3 budget discussion. As soon as -- I should have read the 4 agenda before I walked through the front door. I -- I would 5 say this. I just heard, just literally in the last three or 6 four minutes of the Treasurer's -- sorry, Jeannie's comments 7 before you took a break, and I would say that it is important 8 with respect to the county's bond ratings and the accepted -- 9 the acceptance that Kerr County has in the capital markets to 10 maintain your bond ratings. And I would consider, at a 11 minimum, the required fund balance be sufficient to be able 12 to complete your fiscal year without having to go out and do 13 an interim borrowing. If you have to go out in November or 14 December and borrow money to make payroll as a function of 15 your -- your general fund balance being insufficient to do 16 that, you're going to have a negative impact on your bond 17 rating, and that's going to cost the taxpayers and the 18 citizens of the county more money in terms of interest rates 19 that would be locked in for many years to come, if and when 20 the county undertakes a future capital improvement project. 21 The rating agencies typically look to see for 25 22 percent of your general fund budget, about three months worth 23 of operating reserves, and they do that as a function of what 24 they view as the volatility historically and your sales tax 25 collection ratios. But now we've got a situation, because of 9-27-10 87 1 the global credit crisis, where you're seeing tax base -- 2 your property tax base fall in addition to the volatility of 3 your sales tax revenues. So, I would concur with Jeannie 4 that, you know, two and a half months is really about as 5 minimal as you can go on your fund balances without 6 jeopardizing potentially your long-term bond ratings. And if 7 I had to vote, I'd say, you know, let's try to maintain the 8 three months or 25 percent. 9 JUDGE TINLEY: Any -- 10 MR. HENDERSON: How's that for unsolicited, 11 unrehearsed -- I didn't I know what I was getting into. I 12 should read the agenda before I come in next time, right? 13 JUDGE TINLEY: Any questions for Mr. Henderson by 14 any member of the Court? Thank you, sir. 15 COMMISSIONER BALDWIN: Judge, I've got a question 16 about the budget. Can I go back and ask -- ask about a 17 couple of items that are in or out of the budget? 18 JUDGE TINLEY: As it impacts tax rate, of course? 19 COMMISSIONER BALDWIN: Oh, yes. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER BALDWIN: And that's the issue of the 22 fire contract and the EMS contract. Just -- I've had a 23 couple of people ask me about that, and -- and I haven't been 24 reading the newspaper, so I don't -- there's some confusion 25 somehow, somewhere, and I'd just like someone to tell us all 9-27-10 88 1 what's in, what's out, et cetera. 2 JUDGE TINLEY: Okay. With respect to those two 3 items? 4 COMMISSIONER BALDWIN: Fire contract? 5 JUDGE TINLEY: In. 6 MS. HARGIS: The fire contract is 190,000. 7 COMMISSIONER BALDWIN: Totally funded? 8 MS. HARGIS: Totally funded. 9 COMMISSIONER BALDWIN: EMS? 10 MS. HARGIS: EMS is in the line item at 242,000. 11 We put a note in there that you're going to discuss this -- 12 some issues with the city, but we have not placed it into 13 contingency, because I really can't do that, other than put 14 the note in there. We either fund it, you know -- 15 COMMISSIONER BALDWIN: So it's fully funded? 16 MS. HARGIS: Fully funded. 17 COMMISSIONER BALDWIN: As per the request from the 18 city of Kerrville? 19 MS. HARGIS: At 242, which is 15,000 less than we 20 originally had. We originally had 258, so that actually -- I 21 reduced that budget when we got their letter on Thursday, 22 so -- by about 15,000. 23 COMMISSIONER BALDWIN: Thank you. 24 COMMISSIONER WILLIAMS: What is the actual number? 25 MS. HARGIS: 242,000 and some change. 9-27-10 89 1 COMMISSIONER WILLIAMS: 242? 2 MS. HARGIS: Mm-hmm. 3 COMMISSIONER WILLIAMS: Which currently those 4 dollars are -- are in Commissioners Court contingency line 5 item; is that correct? 6 MS. HARGIS: No, it's not in the contingency line 7 item. 8 COMMISSIONER WILLIAMS: Tell me where they are. 9 MS. HARGIS: It's under -- it's under miscellaneous 10 funds; it's on Page 165, and it's under EMS contract, where 11 the line item has resided. 12 COMMISSIONER WILLIAMS: Okay. 13 MS. HARGIS: Again, there's a note that you're 14 going to discuss these issues with the city, but there's no 15 reduction. It's fully funded. 16 COMMISSIONER WILLIAMS: Thank you. 17 JUDGE TINLEY: Other questions? 18 COMMISSIONER LETZ: With it being in the budget 19 that way, can we, being the Commissioners Court, unilaterally 20 reduce that fund if we choose? 21 MS. HARGIS: I can't answer that. 22 JUDGE TINLEY: I think you could choose not to 23 spend it, even though it's allocated. Just like any other 24 expenditures that the Court has control over. 25 COMMISSIONER OEHLER: Well, I guess -- you know, 9-27-10 90 1 something that could affect the tax rate would be to -- to 2 amend the already adopted budget to reflect two and a half 3 percent reduction in all personnel from top to bottom. 4 COMMISSIONER WILLIAMS: Talking about salaries? 5 COMMISSIONER OEHLER: Talking about salaries. 6 COMMISSIONER WILLIAMS: What does that yield? 7 COMMISSIONER OEHLER: Everybody. 8 MS. HARGIS: We originally estimated about 323,000 9 if we had a 2.5 increase. You know, I don't know that that 10 would necessarily net the same amount for a decrease. 11 JUDGE TINLEY: Well, we're on the tax rate, 12 gentlemen. I'm awaiting a motion. I have the -- the numbers 13 here as it relates to each one of those tax rates. 14 COMMISSIONER BALDWIN: Okay. 15 JUDGE TINLEY: And the percentage that goes into 16 the motion. 17 COMMISSIONER BALDWIN: Can we have them? 18 JUDGE TINLEY: Certainly. I mean, I don't -- I 19 don't have a whole slough of them, but -- 20 MS. HARGIS: I can -- I handed everybody one out. 21 JUDGE TINLEY: No. No, I'm talking about for the 22 substance of the motion to go with the -- oh, you got some. 23 MS. BOLIN: Here's a copy for each of them, yes, 24 sir. 25 JUDGE TINLEY: Okay, good. Good. 9-27-10 91 1 MS. BOLIN: I didn't get you one, but I will. 2 JUDGE TINLEY: I've got one. 3 MS. HARGIS: The reason we've done the table is 4 because we had to fill it in. These are quarter increments. 5 And the information that's provided to you on the table is 6 also the information that has to be in the motion. 7 COMMISSIONER BALDWIN: It's a record vote? 8 JUDGE TINLEY: Mm-hmm. 9 MS. BOLIN: Yes. 10 COMMISSIONER LETZ: I'll make a motion that we 11 increase the tax rate -- or the tax rate with an increase of 12 1.5 percent. I'll have some comments. 13 COMMISSIONER OEHLER: 1.5 cents? Or 1.5 percent? 14 COMMISSIONER LETZ: Cents. Cents, thank you. 15 COMMISSIONER WILLIAMS: Big difference. 16 COMMISSIONER OEHLER: Big difference. 17 COMMISSIONER WILLIAMS: Yeah, big difference. 18 Second the motion. 19 COMMISSIONER BALDWIN: We have a motion and a 20 second to increase the tax rate by 1.5 cents per $100 21 valuation. Commissioner, let me make sure I've got you 22 correctly here. That would make the M & O at .3639, interest 23 and sinking fund at .0482, lateral roads at .0322, which 24 would be an increase of 1.3279 percent over the effective 25 rate; is that correct? 9-27-10 92 1 COMMISSIONER LETZ: That is correct. 2 JUDGE TINLEY: All right. We have a motion and a 3 second. Question or discussion on that motion? 4 COMMISSIONER LETZ: A couple of comments that I 5 have with that. The -- I know this is -- on one side, this 6 is lower than the Auditor would like, but I also note that 7 there are some attrition numbers that I think that we -- I 8 acknowledge we can't put them in the budget, but I think 9 those are real numbers. Certainly, I know the Sheriff has, 10 you know, one. And if we don't get the attrition during the 11 year that we -- that we may get, I think this -- the Court, 12 you know, does have authority over quite a few budgets, so we 13 can -- you know, may be able to get through that way. But I 14 think that is a very real number. And I would anticipate 15 with that, that is likely going to be a -- a tax increase 16 again next year. But let's wait and see what happens. 17 The other thing is that it seems more of my -- my 18 colleagues -- I hope that they all -- I suspect some of them 19 may vote against it up here; I'm not sure. But this has been 20 a long budget process, and I don't agree with some of the 21 things in the budget. I've -- you know, I don't -- I don't 22 think any of us are totally satisfied. But I haven't heard 23 any solutions that will -- from any of the Commissioners that 24 will get us to no tax increase this year. If we take 25 Commissioner Oehler's, we'd get to a .75 increase, if we took 9-27-10 93 1 that -- you know, the across-the-board pay cuts. Pretty 2 close to that. But I just -- you know, I just hope that the 3 rest of the Court looks at this -- none of us want a tax 4 increase. I don't want a tax increase. Just to vote against 5 it so they can say they don't have a tax increase, I hope 6 they don't look at it that way. 7 JUDGE TINLEY: Any other comments or questions? 8 COMMISSIONER OEHLER: I don't look at it that way. 9 I look at the fact that -- that the people that are paying 10 all the increase, that -- that number has been way reduced 11 over the years by various actions taken by Legislature and 12 whatever. And I'll use -- I'll use one example of the 13 reality of this. There are people in the county that aren't 14 exempt from anything; they're going to pay the full load. 15 Some of those appraisals went up as much as 10 percent, so if 16 you left the rate the same as it was last year, they 17 effectively already get a 10 percent increase, which is 18 reflected in some of the increase that we got in valuations. 19 So, there's 10 percent. And whatever percent that's passed 20 on top of that, which, if it winds up being one and a half, 21 that's -- that's approximately, say -- just guessing -- I 22 would say somewhere around a 6 or 7 -- 6 percent increase in 23 your tax bill. So, somewhere between 10 and, say, a maximum 24 of 16 percent increase in some people's tax bills by doing 25 just that, because of the increased valuation and the 9-27-10 94 1 increase in the rate. 2 So, I -- you know, I think that the way we get 3 there is to do the very same thing that the man I described a 4 while ago. You know, we don't want to -- we don't want to 5 make staff reductions. We don't want to cut services, but 6 you know what? That's reality in a down market. And I do 7 not totally disagree with a small increase. I know that if 8 things don't change in the Legislature in the coming session 9 to where we can get some funding returned to the county that 10 has been taken away, that it's going to get worse. And, 11 anyway, that's my feeling. And that's not because, you know, 12 we can't get there. Yes, we can get there, and there is a 13 way to do it. That's not -- it's not a nice thing to do. 14 It's -- it would be hard on employees. It's hard on -- on us 15 to make those decisions. But during the year, if it comes to 16 that, we may be forced into it. 17 COMMISSIONER LETZ: I don't disagree with what 18 you're saying, Commissioner. My -- but we have made cuts in 19 employment. We have cut -- I don't know how many total 20 staff, but we have cut staff positions in this budget, and we 21 have cut expenditures over a million dollars. I didn't look 22 at the total from last year, but I suspect we're down 23 probably close to two million. So, I mean, you know, the 24 public needs to know that we have cut staff. We have 25 increased employee contributions to health insurance, you 9-27-10 95 1 know, and cut the insurance benefits. And, you know, I 2 think -- you know, unfortunately, we're not like a private 3 business; we have functions that we have to staff. 4 COMMISSIONER OEHLER: Mm-hmm. 5 COMMISSIONER LETZ: There are functions that don't 6 bring in any revenue, that in a private business we would 7 eliminate. But we -- we, by law, have the District Clerk and 8 the County Clerk, and we have lawsuits, and we have to have 9 indigent defense, indigent health care. You know, so we have 10 to do these functions. I think we have cut. I think the 11 elected officials and department heads across the board have 12 done a lot. Can we always do a little bit more? Yes, but 13 then there's -- what's the long-term damage to the county, 14 also? And you know, we've cut every department pretty 15 significantly this year. I don't like the tax increase, 16 because, you know, I think that, you know, I don't see any 17 other way to get it, and I haven't seen any other solutions 18 that we can get broad consensus, at least majority consensus 19 on the Court. 20 COMMISSIONER OEHLER: You just made the point. 21 Can't get broad consensus, but there is a way to do it. 22 COMMISSIONER LETZ: Can't get more than one on the 23 employment, can't get but one here and one there, but that 24 doesn't get it. 25 COMMISSIONER OEHLER: Well, it's more than that. 9-27-10 96 1 JUDGE TINLEY: Any other question or comments on 2 the motion? Record vote on the motion. Commissioner 3 Baldwin? 4 COMMISSIONER BALDWIN: Yes, sir. I just think that 5 these are extraordinary times, and which require 6 extraordinary actions. I don't think that we took enough 7 effort to reduce the budget itself. I vote no. 8 JUDGE TINLEY: Commissioner Williams? 9 COMMISSIONER WILLIAMS: Yes. 10 JUDGE TINLEY: Commissioner Letz? 11 COMMISSIONER LETZ: Yes. 12 JUDGE TINLEY: Commissioner Oehler? 13 COMMISSIONER OEHLER: No. 14 JUDGE TINLEY: Chair votes no. Motion fails. 15 COMMISSIONER BALDWIN: See y'all next year, huh? 16 COMMISSIONER WILLIAMS: We got a budget, but no 17 funding. 18 COMMISSIONER OEHLER: I think it reverts back to 19 last year's tax rate, doesn't it? At that point? Or am I 20 wrong on that too? Or does it go to the effective rate? 21 COMMISSIONER LETZ: I'm not sure. What's the 22 answer to that question? 23 COMMISSIONER WILLIAMS: Remains the same. 24 MS. BOLIN: Remains the same, yes. 25 COMMISSIONER WILLIAMS: There you go. 9-27-10 97 1 COMMISSIONER OEHLER: Which would be? 2 MS. BOLIN: .4293. 3 JUDGE TINLEY: Any other motions to be offered in 4 connection with that matter? 5 COMMISSIONER LETZ: Judge, can I make a 6 recommendation that we go back to Item 16, reopen the budget? 7 COMMISSIONER WILLIAMS: Is the Road and Bridge 8 separate? Has to be separate? 9 MS. HARGIS: Yes, mm-hmm. 10 COMMISSIONER WILLIAMS: Okay. 11 JUDGE TINLEY: Let's -- let's defer on Item 18 12 momentarily and take up Item 19; consider, discuss, take 13 appropriate action to adopt the 2010 Lake Ingram Road 14 District tax rate. Ms. Bolin? 15 MS. BOLIN: Each year, gentlemen, we do this, and 16 all I need is a motion. We're going to keep the tax rate at 17 the same, .3598 for 2010. 18 MS. HARGIS: And just a little bit of an 19 explanation on that. We're having a little bit of difficulty 20 trying to refund this issue, and so our financial advisers 21 have advised us to stay with the same rate as we are 22 currently, and then within the next 12 months, we'll try to 23 get this issue refunded. It was just really too short a 24 notice for us to get it done. 25 COMMISSIONER OEHLER: Move approval. 9-27-10 98 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded to adopt 3 the Lake Ingram Estates Road District tax rate of the current 4 rate, which is .3598 per $100 valuation for 2010. You need a 5 record vote on this, -- 6 MS. BOLIN: I do, yes, sir. 7 JUDGE TINLEY: -- Ms. Bolin? Very well. Question 8 or discussion on the motion? Okay, we'll start down here. 9 Commissioner Oehler? 10 COMMISSIONER OEHLER: Yes. 11 JUDGE TINLEY: Commissioner Letz? 12 COMMISSIONER LETZ: Yes. 13 JUDGE TINLEY: Commissioner -- 14 COMMISSIONER WILLIAMS: Yes. 15 JUDGE TINLEY: -- Williams? All right. 16 Commissioner Baldwin? 17 COMMISSIONER BALDWIN: Aye. Yes. 18 JUDGE TINLEY: Chair votes in favor. Unanimous. 19 MS. BOLIN: Thank you. 20 JUDGE TINLEY: Let's go to Item 24; consider, 21 discuss, take appropriate action to approve T.C.D.P. Contract 22 Number 728065 between Kerr County and Lupe Rubio Construction 23 Company, Inc., in the amount of $308,129.87 as a base bid, 24 and $63,634.05 as Alternate 1, for a total bid of $371,763.92 25 for the construction of Kerrville South Wastewater Project, 9-27-10 99 1 Phase IV, and authorize County Judge to sign same. 2 Commissioner Williams? 3 COMMISSIONER WILLIAMS: Pretty self-explanatory, 4 Judge. It is what we talked about earlier. This is Phase 5 IV, the last phase of the project, and we sure want to get it 6 under way as quickly as possible. Move approval, with County 7 Judge to sign same. 8 COMMISSIONER BALDWIN: Second, with a question. 9 JUDGE TINLEY: Motion made and seconded. Question 10 or discussion? 11 COMMISSIONER BALDWIN: Commissioner, is this, at 12 least the majority, grant money? 13 COMMISSIONER WILLIAMS: Totally. 14 COMMISSIONER BALDWIN: Total? 15 COMMISSIONER WILLIAMS: Except for the 14 the Court 16 approved a month or six weeks ago -- 14,000. 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER WILLIAMS: And this takes in the 19 Southwind Mobile Home Park, which is in your precinct, and 20 that gentleman is very -- has been very, very great to work 21 with, and he signed an agreement several years ago, and we're 22 finally getting around to fulfilling it. 23 COMMISSIONER BALDWIN: As are most of us in 24 Precinct 1, easy to get along with. 25 COMMISSIONER WILLIAMS: I understand that. We're 9-27-10 100 1 blessed. 2 JUDGE TINLEY: Other questions or discussion? All 3 in favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion carries. Let's go to 8 Item 26; to consider, discuss, take appropriate action to 9 approve contract with ProSouth Construction, Inc., in the 10 amount of $297,635 for repairs to Flat Rock Lake Dam and 11 Ingram Dam. Commissioner Williams? 12 COMMISSIONER WILLIAMS: This has been a bugger to 13 get this guy's contract in front of you. My public thanks to 14 the County Attorney for his assistance. We finally got it; 15 it's there, and this is for the construction -- the repairs 16 to both dams, Flat Rock and Ingram Lake Dam. I move 17 approval; authorize the County Judge to sign same. 18 MR. HENNEKE: Commissioner? 19 COMMISSIONER OEHLER: Second. 20 MR. HENNEKE: Could we -- 21 COMMISSIONER WILLIAMS: What? 22 MR. HENNEKE: There's been a lot of moving pieces. 23 COMMISSIONER WILLIAMS: With some look at it by the 24 County Attorney. 25 MR. HENNEKE: I just suggest that that be -- those 9-27-10 101 1 two pages as amended be included in place of what's in the 2 packet. 3 COMMISSIONER WILLIAMS: Okay. 4 MR. HENNEKE: That it be accepted with those 5 changes. 6 COMMISSIONER WILLIAMS: I'll amend my own motion to 7 include the language as provided by the County Attorney. 8 COMMISSIONER OEHLER: Second as amended, as well. 9 JUDGE TINLEY: We have a motion and a second to 10 approve the contract as amended in the agenda item. Further 11 request or discussion on the -- on the amended motion? All 12 in favor of the amended motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. Okay. 18 Let's go to Item 27; to consider, discuss, take appropriate 19 action to set a meeting with the City of Kerrville to discuss 20 City/County joint functions. Commissioner Letz? 21 COMMISSIONER LETZ: I put this on the agenda 22 because it seemed that we ought to officially authorize the 23 Judge, I guess, to send a letter over to the City requesting 24 that we sit down and meet on these topics, because we've 25 obviously had some disagreements this year during the budget 9-27-10 102 1 process, and I would rather get them worked out sooner rather 2 than later. The -- I'll make a motion to authorize the 3 County Judge to send a letter to the City jan -- city 4 janitor. (Laughter.) 5 AUDIENCE: Oh, no. 6 COMMISSIONER WILLIAMS: Whoa. 7 COMMISSIONER LETZ: City Manager or mayor, whoever 8 he feels more appropriate, to set up either a joint meeting, 9 or do it by committee, but I think we need to get this 10 discussed and on the -- on the table. 11 COMMISSIONER BALDWIN: Commissioner, are there 12 things outside the fire contract and the ambulance contract, 13 in your mind, to discuss? 14 COMMISSIONER OEHLER: Yes. 15 COMMISSIONER LETZ: Yes, I think animal control. 16 One of the -- the big issue that I have with the EMS 17 contract -- or one of the issues is they've gone in and 18 recalculated how they calculate their -- our contribution, 19 and what I think they're missing on the city side is that 20 this was -- all these things were divided up with a budget 21 and a total dollar expenditure amount in mind. So, if 22 they're going to change how they calculate the administrative 23 cost of the EMS, then we have every right to recalculate how 24 we do the administrative portion of animal control. I think 25 those are -- you know, I think the library is another issue. 9-27-10 103 1 I think that the library -- and looking at the numbers that I 2 see, the city has cut funding to the library, and they 3 removed $100,000 since the time of that agreement, total 4 funding, assuming the numbers I'm looking at or reading in 5 the city budget -- this year it wasn't cut, but it was two 6 years ago. Well, the implication that I had was that we were 7 going -- they would continue to fund the library, and we were 8 going to take over the airport operations. But they -- 9 they've gone in and decided they're going to fund the library 10 at a lesser degree, and they've actually cut some staff over 11 there this year. So, I think that the -- I think the overall 12 process we looked at maybe was a little bit flawed. There 13 were some conditions -- some are more strictly written than 14 others, and I think we ought to get it resolved. 15 COMMISSIONER WILLIAMS: I don't disagree with any 16 of that. I think we need to do that, and we need to do it 17 through either select committees from both or however you 18 want to do it. One of the things I note in looking at the 19 excerpts from the city budget is that under emergency medical 20 services, the operations of the EMS reflect a 22 percent 21 increase in salaries and related over last year, and that's 22 pretty substantial. 23 COMMISSIONER LETZ: That, I believe, is related to 24 a 2.8 increase in staff budget. Maybe it's how they're 25 attributing people; I'm not sure, but I think these are 9-27-10 104 1 things that need to be answered. And I -- you know, maybe 2 some of those agreements need to be tightened up a little 3 bit. So, the way to do it is start a dialogue. 4 COMMISSIONER OEHLER: Well, another thing is, with 5 animal control -- Janie, don't they get all the fines from 6 the -- from your citations within the city? 7 MS. WHITT: Yes. 8 COMMISSIONER OEHLER: Municipal court. 9 MS. WHITT: Yes. 10 COMMISSIONER OEHLER: So, actually, we're a revenue 11 generator for them for animal control that we're providing 12 for no cost, but they get the benefit from all the fines and 13 fees. 14 MS. WHITT: Well, it's just for citations. 15 COMMISSIONER OEHLER: That's what I mean. 16 MS. WHITT: Yes, just for citations. 17 COMMISSIONER OEHLER: For citations. But that is a 18 consideration, is my point. 19 JUDGE TINLEY: I have a motion. 20 THE CLERK: No second. 21 JUDGE TINLEY: But no second. 22 COMMISSIONER OEHLER: Oh, I'll second. 23 JUDGE TINLEY: All right. We have a motion and 24 second. Okay. Further question or discussion on the motion? 25 COMMISSIONER BALDWIN: So, do you want to have this 9-27-10 105 1 meeting A.S.A.P.? Or -- Sunday night? Or -- 2 COMMISSIONER LETZ: I'll leave it to the Judge to 3 send a letter there to say that we would like to meet, and 4 hear what they have to say. 5 COMMISSIONER OEHLER: It may take a few months to 6 get a date. 7 COMMISSIONER LETZ: I'm not so sure it makes sense 8 to meet, full City Council with full Commissioners Court. 9 COMMISSIONER BALDWIN: I don't either. 10 COMMISSIONER LETZ: I'm not sure how productive 11 that would be. 12 COMMISSIONER WILLIAMS: I think it would be 13 counterproductive. 14 COMMISSIONER BALDWIN: I do too. 15 COMMISSIONER LETZ: But, you know, a letter needs 16 to go to the City, and then I'll leave it to the Judge and 17 City Manager or mayor to work out how they want to get to the 18 end product. But we certainly need to get something done 19 before next budget. 20 COMMISSIONER BALDWIN: You're not going to bring up 21 ETJ again, are you? 22 COMMISSIONER LETZ: I don't even know what that is 23 any more. 24 JUDGE TINLEY: Further question or discussion? All 25 in favor of the motion, signify by raising your right hand. 9-27-10 106 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Item 20; 5 consider, discuss, take appropriate action to accept and 6 approve request from elected officials/department heads for 7 appropriate office staff pursuant to Local Government Code 8 Chapter 151. I've got requests from quite a number of 9 department heads and/or elected officials. 10 MR. HENNEKE: Excuse me. Judge, on this agenda 11 item, two things. One, I don't see where the county 12 employees created -- assigned to the airport, I think those 13 positions fall directly under the Court, and I don't know if 14 those have been requested for renewal. And secondly, in the 15 same type that that -- those employees are, the secretary 16 that's assigned to department of -- Department of Public 17 Safety is a Kerr County employee, but we have a request from 18 the D.P.S. officer, and I don't think, under 151, that Mr. -- 19 or Sergeant -- I don't know his title -- Mr. LaLonde is an 20 official to be the one to request the renewal of the 21 position. His letter's in there, but I -- that position and 22 the airport positions, I think, just fall underneath the 23 Court. 24 JUDGE TINLEY: The -- the airport positions, I 25 believe, if I'm not mistaken, one's assigned to Road and 9-27-10 107 1 Bridge? 2 MS. HARGIS: No. 3 JUDGE TINLEY: It's not? 4 MS. HYDE: No, sir, they're both assigned to the 5 airport at this point. 6 JUDGE TINLEY: Okay. 7 MS. HYDE: We put them underneath the airport. 8 JUDGE TINLEY: I'm not sure we have all of them in 9 here, and we traditionally approve these on a piecemeal basis 10 anyway. 11 MR. HENNEKE: Mm-hmm. 12 JUDGE TINLEY: And your point's well-made on the -- 13 the D.P.S. secretarial position, that I don't -- I don't 14 think the supervisor or sergeant over there falls under the 15 purview of Chapter 151 of the Local Government Code, so that 16 one would have to be done separately by probably some member 17 of the Court, I would guess, asking that it be approved. But 18 the ones I have, Treasurer, County Clerk, Environmental 19 Health, Sheriff's Office, Animal Control. I do have the one 20 from Sergeant LaLonde at D.P.S., which, of course, we cannot 21 consider under 151. Justice of the Peace, David Billeiter; 22 County Court at Law; Justice of the Peace, Precinct 3; 23 Constable, Precinct 1; Maintenance Supervisor; Victims 24 Services -- Victims Services and Indigent Health, I may add; 25 Tax Assessor, I.T.; Court Compliance; Justice of the Peace, 9-27-10 108 1 Precinct 4; Kerr County Attorney; 216th District Attorney. 2 Those are the ones that I have that are under this particular 3 agenda item. So, I guess it would be all of them, with the 4 exception of D.P.S., that are before the Court today. Would 5 that be a fair characterization of it, Mr. Henneke? 6 MR. HENNEKE: Yes, Your Honor, I do think it would. 7 Although -- 8 JUDGE TINLEY: Oops, wait a minute. Got another 9 one here. District Clerk also. Apparently that one didn't 10 make my stack. 11 MR. HENNEKE: My question being, Judge, whether the 12 request from the 216th District Attorney's office is -- is 13 necessary. The District Attorney, by statute, is the one 14 that does the hiring and firing authority, and their budget 15 is the interaction with Commissioners Court; we discussed 16 that before. 17 JUDGE TINLEY: So we'd exclude that one also? 18 MR. HENNEKE: I don't think it's necessary. I 19 think the interchange between this Court and the 216th 20 District Attorney's office's budget is an approval of those 21 schedules -- or approval of the budget, is what this Court 22 does. And then Mr. Curry, Mr. Barton, they appoint their 23 people as they feel necessary. 24 MS. HARGIS: Judge, I forgot to bring over our 25 order. I don't know whether we fall under that or not, under 9-27-10 109 1 the County Auditor's office, since we have the order from the 2 District Judges. 3 MR. HENNEKE: I think you do. 4 MS. UECKER: There is a comment in this A.G.'s 5 opinion that says 151 -- this section does not apply to a 6 district attorney or a criminal district attorney in a county 7 with a population of more than a hundred -- 190,000. 8 JUDGE TINLEY: That may have been in a particular 9 case in which the county population was -- 10 MS. UECKER: Grimes County. This was an opinion 11 from Grimes County, which is, like, below 10,000. 12 JUDGE TINLEY: Yeah, I would think so. Okay. 13 COMMISSIONER LETZ: Judge, we can do the -- I 14 believe 28 and 29 without executive session, if you're 15 looking for something to do. 16 JUDGE TINLEY: From a time frame standpoint, we're 17 not there yet. 18 COMMISSIONER LETZ: Okay. 19 JUDGE TINLEY: All right? 20 COMMISSIONER LETZ: Just thought I'd pass it on. 21 JUDGE TINLEY: Any member of the Court have 22 anything to offer with respect to Item 20? 23 MS. HARGIS: We're bringing our order over; just a 24 second. 25 JUDGE TINLEY: Hmm? 9-27-10 110 1 MS. HARGIS: I didn't have an order signed by one 2 of the judges, so that's the reason I didn't include it, but 3 I'm going to -- we're getting a copy of it. 4 JUDGE TINLEY: We're going to get it pretty quick, 5 I think. Okay. Okay. 6 SHERIFF HIERHOLZER: On the Sheriff's Office one, 7 Judge, it does reflect the cut of the part-time effective 8 immediately, October 1, of that position, and then the 9 full-time position that I would cut January 1. Does not show 10 it on the position, 'cause I feel the position still has to 11 be approved October 1, but it is still my intention, and will 12 continue to be, to keep that where it -- to cut that position 13 October 1 -- I mean January 1. 14 JUDGE TINLEY: Okay. Let's go to Section 4 of the 15 agenda. 16 COMMISSIONER WILLIAMS: Still time to ask a 17 question after we do that, Judge? 18 JUDGE TINLEY: Sure. 19 COMMISSIONER WILLIAMS: Okay. 20 JUDGE TINLEY: Section 4. The first item is 21 payment of the bills. 22 COMMISSIONER BALDWIN: Move we pay the bills. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded that we pay 25 the bills. Question or discussion on the motion? 9-27-10 111 1 COMMISSIONER BALDWIN: I've got some questions, 2 Judge, please. On Page 2, professional services, L.C.R.A. 3 CREZ line. Is that the attorney -- 4 JUDGE TINLEY: Mm-hmm. 5 COMMISSIONER BALDWIN: -- that we hired? "Yes" is 6 the answer? 7 JUDGE TINLEY: Yes. 8 COMMISSIONER BALDWIN: I got almost everything 9 answered this morning before the meeting. Let me flip 10 through here just real quick. I had -- that's all. 11 JUDGE TINLEY: Any other questions? Page 11, I 12 show a trailer there for 12,000? 13 MS. HARGIS: Yes. They still had -- as part of 14 their capital items, they had a trailer in their capital 15 items they hadn't bought yet. 16 JUDGE TINLEY: Okay. Should that have been more 17 appropriately shown over in the -- 18 MS. HARGIS: No. 19 JUDGE TINLEY: -- capital expenditures? 20 MS. HARGIS: No. Remember, we split theirs. We 21 left some of their items in their capital, but some of them 22 in -- in the capital. 23 JUDGE TINLEY: Okay. 24 MS. HARGIS: This is -- this is still remaining in 25 their line item. 9-27-10 112 1 JUDGE TINLEY: Okay. Next page, 12, Rock 2 Engineering. How did that one get by us for so long? That 3 was something that -- wasn't that way in the beginning when 4 the pad was being done by Road and Bridge and so forth? I'm 5 just wondering why -- why it's just now coming down the pike. 6 MS. HARGIS: It just -- it just got to us. 7 JUDGE TINLEY: Okay. 8 MS. HARGIS: We did pay some, but we didn't pay all 9 of it. 10 JUDGE TINLEY: And they just now got us the invoice 11 for the final part of it? 12 MS. HARGIS: It is backdated. I noticed that on 13 the invoice. 14 JUDGE TINLEY: Okay, that's all I have. Any other 15 questions? 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: Motion does carry. Let's go to 21 budget amendments. Oh, what a list. What a list. 22 MS. HARGIS: This is the final budget adjustments. 23 I think that the fact that we got this far without a big list 24 is pretty good, and most of these are line item. The biggest 25 move-around is our -- our usual move-around, which is 9-27-10 113 1 Court-appointed attorneys. 2 JUDGE TINLEY: Civil is over 24,000 transfer. 3 COMMISSIONER BALDWIN: That second page, the jail 4 court, did we just fail to -- to do the mark-ups for the 5 prosecutor, or what? How did -- how did we suddenly run out 6 of money for the FICA and retirement? 7 MS. HARGIS: We -- I can't answer that. I didn't 8 check on that one. 9 COMMISSIONER BALDWIN: Okay. 10 JUDGE TINLEY: Is that for the prosecutor? For the 11 Judge, maybe? 12 COMMISSIONER BALDWIN: It says prosecutor. Oh, 13 that's the line it comes out of, though, so we don't know 14 where it goes. 15 JUDGE TINLEY: Mm-hmm. Well, it goes to FICA and 16 retirement, and also for the special judge. 17 COMMISSIONER BALDWIN: Yeah. The -- the Line 25, 18 special judge. 19 JUDGE TINLEY: Mm-hmm. 20 MS. HARGIS: Those were estimates last year as well 21 on some of that. 22 COMMISSIONER BALDWIN: Yeah. 23 MS. HARGIS: And we changed midyear. 24 COMMISSIONER BALDWIN: So we have a new judge? 25 COMMISSIONER OEHLER: I thought judges were retired 9-27-10 114 1 and were offering their services at no charge. Am I wrong 2 about that? 3 MS. HARGIS: No. 4 COMMISSIONER BALDWIN: I have no idea. 5 COMMISSIONER WILLIAMS: Hadn't heard that. 6 MS. HARGIS: Not on this one. 7 JUDGE TINLEY: This is special court. 8 COMMISSIONER OEHLER: This is special? This is not 9 the regular? 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER OEHLER: Okay. 12 JUDGE TINLEY: Yeah. 13 COMMISSIONER BALDWIN: Still, we'd be paying them 14 the same salary as we were paying the prior judge, I would 15 think, and so the retirement and FICA shouldn't change. 16 Maybe, but whatever. Can I just keep going? I just had a 17 couple more. 18 JUDGE TINLEY: Sure. 19 COMMISSIONER BALDWIN: Page 4. 20 MS. HARGIS: This is the actual letter. 21 COMMISSIONER BALDWIN: Page 34, nondepartmental 22 contingency, coming out of there, going to Court-appointed 23 civil attorney. And I think I'm seeing this is an attorney 24 for C.P.S. 25 MS. HARGIS: Yes. The 44? 9-27-10 115 1 COMMISSIONER BALDWIN: Yes, ma'am. 2 MS. HARGIS: Yes. It's bigger every year. 3 MS. UECKER: I think that's because we're having 4 more and more jury trials in C.P.S. cases. 5 COMMISSIONER BALDWIN: We're seeing a lot more 6 C.P.S. stuff going on. 7 COMMISSIONER LETZ: Maybe we should cut them out of 8 the budget. 9 MS. UECKER: Hey, that's an idea. 10 COMMISSIONER BALDWIN: Do we -- so we're -- on this 11 particular line, we're paying C.P.S. -- basically, a state 12 employee's salary? 13 MR. HENNEKE: No. 14 MS. HARGIS: No, we're paying the attorneys, the 15 Court-appointed attorneys. 16 COMMISSIONER BALDWIN: Court-appointed attorney for 17 a C.P.S. case. 18 COMMISSIONER LETZ: To represent the kids. 19 COMMISSIONER BALDWIN: Okay. 20 MR. HENNEKE: Attorneys that represent the children 21 and the parents. 22 COMMISSIONER BALDWIN: Okay, I'm there. And then 23 the next one, airport maintenance staff, what's the story 24 behind that deal? 25 MS. HARGIS: We actually hired them -- and I think 9-27-10 116 1 that was brought to the Court to have an overlap of about 30 2 days so they could train, so that this takeover would be 3 pretty seamless. 4 COMMISSIONER BALDWIN: That's all I have. 5 JUDGE TINLEY: Any other questions from any member 6 of the Court? 7 COMMISSIONER WILLIAMS: Okay. 8 JUDGE TINLEY: We have Budget Amendment Request 9 Numbers 1 through 56. Do I hear a motion to approve these 10 budget amendments as per the summary, 1 through 56? 11 COMMISSIONER BALDWIN: So moved. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of Budget Amendment Requests Numbers 1 through 56. 15 Question or discussion? All in favor of the motion, signify 16 by raising 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. Late bill. 21 We have one late bill to a forensic expert appointed by the 22 Court in, I assume, district -- 198th District Court case, 23 payable to Matthew L. Ferrara in the sum of $3,000. 24 COMMISSIONER BALDWIN: You see the "Ph.D." there? 25 COMMISSIONER OEHLER: That's why it's so expensive. 9-27-10 117 1 JUDGE TINLEY: Mm-hmm, yeah. 2 COMMISSIONER LETZ: Need a motion on this, Judge? 3 JUDGE TINLEY: Yeah. 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER BALDWIN: I'll second it, with -- I 6 got a -- did the District Judge sign off on it? I'm sure. 7 (Ms. Hargis nodded.) 8 COMMISSIONER BALDWIN: Okay. 9 JUDGE TINLEY: I have a motion and a second. 10 Question or comment? All in favor of the motion, signify by 11 raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. I've been 16 presented with monthly reports. Monthly report from the Kerr 17 County Treasurer for August 2010. Do I hear a motion that 18 the report as tendered be approved? 19 COMMISSIONER WILLIAMS: So moved. 20 COMMISSIONER OEHLER: Second. 21 JUDGE TINLEY: Motion made and seconded that the 22 report as indicated be approved as presented. Question or 23 discussion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 9-27-10 118 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion does carry. Okay. Reports 4 from Commissioners in connection with their liaison or 5 committee assignments. Commissioner Baldwin? 6 COMMISSIONER BALDWIN: No, sir, thank you. 7 JUDGE TINLEY: Commissioner Williams? 8 COMMISSIONER WILLIAMS: I don't have a report, but 9 I have got a question I got to ask before we adjourn. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER WILLIAMS: Now or later? 12 JUDGE TINLEY: We're going back. 13 COMMISSIONER WILLIAMS: Okay. 14 JUDGE TINLEY: All right? 15 COMMISSIONER WILLIAMS: I'll ask it then. 16 JUDGE TINLEY: Anything you wish to offer at this 17 time? 18 COMMISSIONER WILLIAMS: No, sir. 19 JUDGE TINLEY: All right. Commissioner Letz? 20 COMMISSIONER LETZ: I met -- I think it was last 21 week -- with a representative from the library and the -- the 22 new Butt Foundation that's looking over a lot of those 23 projects over there or renovations over there. And I think I 24 mentioned to the Court previously that I talked -- brought -- 25 talked about a county-wide library district may be a good 9-27-10 119 1 option for the library long-term. And the other thing we 2 talked about was -- that I have not brought before the Court 3 previously, was that there will be -- assuming this project 4 goes forward in some regard, there'll be dirt work, road 5 work, parking lot type work done, and I said that I would 6 bring it before the Court. We got a detailed -- that I 7 thought we would, you know, consider doing some of that work, 8 at least at cost, buying materials for them or some of those 9 things we've done with the city on other projects, but that 10 we would afford that same opportunity to the library. So, at 11 some point in the future, I may bring that to the Court, if 12 that -- those projects get a little bit further along. I 13 think that's the only other -- 14 JUDGE TINLEY: What kind of reception to the idea 15 of a library district did you feel that you got? 16 COMMISSIONER LETZ: From the two people present, 17 positive. But I don't -- and I say that because I don't want 18 to give an implication that this was a large meeting that I 19 had with a lot of different groups from the library. It was 20 Victoria Mosty and -- what's her name? -- Jeana. Jeana with 21 the Butt Foundation. Those are the only two, and myself, 22 that were in attendance. So, we just talked about things 23 kind of in general, long-term things at the library, and I 24 just wanted to bring that to the Court. 25 JUDGE TINLEY: Okay. Anything else? 9-27-10 120 1 COMMISSIONER LETZ: That's it. 2 JUDGE TINLEY: Commissioner Oehler? 3 COMMISSIONER OEHLER: Just been keeping a close 4 check on the guys working on the new outdoor arena. They're 5 doing an excellent job. They should be through pretty soon. 6 And that -- that facility, I believe, is going to be used a 7 lot once we get it built, because it is a standard size and 8 all that. But looking good. That's it. 9 JUDGE TINLEY: Anything else? 10 COMMISSIONER OEHLER: And Janie's back. 11 JUDGE TINLEY: I noticed that. Anything else? 12 COMMISSIONER OEHLER: No. 13 JUDGE TINLEY: Okay. Let's go to Item 28; to 14 consider, discuss, take appropriate action on property 15 acquisition in east Kerr County for Road and Bridge equipment 16 yard. Commissioner, I believe you said this would not 17 require executive session? 18 COMMISSIONER LETZ: I don't believe so, Judge. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER LETZ: And it just dawned on me what 21 we were talking about a minute ago. The reason we couldn't 22 bring this up sooner is that it couldn't be brought up till 23 11:55. 24 JUDGE TINLEY: Which it is now. 25 COMMISSIONER LETZ: Which it is now. Before the 9-27-10 121 1 Court, we have never made an actual motion on this. We've 2 discussed what we're doing and directed the County Attorney 3 to prepare the documents, but I'd like to make a motion that 4 we authorize the expenditure of $250,000 for a 5.01-acre 5 tract at the corner of -- potentially the corner of Hermann 6 Sons Road and Highway 27. And that amount also covers some 7 right-of-way acquisition costs that will be related to the 8 Hermann Sons right-of-way acquisition project on Highway 27, 9 a total of -- it's a strip that runs all the way along 10 Hermann Sons to the Guadalupe River, and then there's a 11 little piece out -- an island kind of in the middle of 12 Highway 27. That's all included in that $250,000 amount. 13 These funds are to come from our capital purchase -- or 14 capital item, and some of the funds out of designated funds 15 through Road and Bridge to make that purchase. 16 COMMISSIONER OEHLER: You might mention, too, that 17 there is a big metal building on that 5 acres that is -- 18 COMMISSIONER LETZ: There are a lot of improvements 19 on that tract. 20 COMMISSIONER OEHLER: A lot of improvements that 21 justify that price. 22 COMMISSIONER LETZ: Right. There's a metal 23 building, an office building, and the -- the lot has been 24 basically based with gravel. It's a tract we looked at 25 several years ago, couldn't come to terms. This price is 9-27-10 122 1 below the appraisal that we had on that property, so it seems 2 like -- and it meets the needs of Road and Bridge Department. 3 COMMISSIONER WILLIAMS: Is there a well? 4 JUDGE TINLEY: It has water availability, doesn't 5 it? 6 COMMISSIONER LETZ: There will be water there. We 7 have an agreement. There's several other conditions that are 8 in the actual document that the County Attorney's prepared 9 related to supplying water. And, you know, there's equipment 10 on there and fencing and stuff that can be removed in the 11 next 90 days -- I think it's 90 days, or -- or January 1st. 12 I can't remember what was decided, but essentially the same 13 amount of time. 14 JUDGE TINLEY: Septic system on the property. 15 COMMISSIONER LETZ: Septic system on the property 16 that's usable, and probably larger than what we need. We may 17 decrease the size of it, but it does have septic on it. 18 JUDGE TINLEY: I have a motion. Do I hear a 19 second? 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE TINLEY: I have a motion and a second to 22 acquire the property as indicated. I assume that is to 23 submit an offer for that property as indicated? 24 COMMISSIONER LETZ: Correct. 25 JUDGE TINLEY: Any question or discussion on the 9-27-10 123 1 motion? 2 COMMISSIONER BALDWIN: Judge, before we hear the 3 shotguns jack a shell in out here, can you tell -- tell us 4 where the funding is? 5 COMMISSIONER LETZ: It's coming out of the capital 6 line item. That is -- is a project that's been in the -- as 7 we discussed, for years over there. But those funds are in 8 the capital line item, and they're also coming out of the 9 Road and Bridge account for the -- the out of their 10 right-of-way fund for the alignment of Hermann Sons Road, 11 Westwood Road, and Highway 27, which is the TexDOT project. 12 These are right-of-ways that we had to acquire as part of 13 that project. 14 COMMISSIONER BALDWIN: Mm-hmm, thank you. 15 JUDGE TINLEY: Any other question or discussion? 16 All in favor of the motion, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: That motion does carry. Item 29 is 22 to consider, discuss, take appropriate action on acquisition 23 of right-of-way on Hermann Sons Road on Highway 27. Was that 24 what you had wrapped up into that, Commissioner? 25 COMMISSIONER LETZ: Yes -- well, no, I didn't. 9-27-10 124 1 This is different. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER LETZ: These are the other tracts that 4 are part of that right-of-way project. Buying a tract from 5 the Comfort Youth Baseball, a tract from Comfort Truck 6 Center, and a tract from Jim Roerig. The amount -- I didn't 7 bring all the deeds and point acres, but it's approximately 8 $33,000, plus or minus a little bit, for that cost of the 9 property at $12,000 an acre. And there's also some -- we're 10 still working out the details on the fence along Mr. Roerig's 11 property, the value of that fence. And also, there's some 12 fence -- cable fencing on the Comfort Youth Baseball 13 property, so those would be in addition to that $12,000 an 14 acre amount. So, I just need authority, I guess, to split 15 those prices at -- or those contracts to those three 16 entities, at $12,000 an acre, and plus the additional value 17 of the fencing. Leonard is looking at the Little League 18 fencing to see what the value of that is right now. It is 19 possible that on one of these tracts, there may be a property 20 trade down the road, as opposed to a purchase. But at this 21 point, it is a property purchase, and these funds are all in 22 the current budget in Road and Bridge. As part of that 23 realignment project. 24 COMMISSIONER WILLIAMS: What is the total? 25 COMMISSIONER LETZ: It's about 33,600, but let 9-27-10 125 1 me -- I've got the actual deeds in there, and I'll get with 2 the Auditor on that. It's -- you know, they're -- they've 3 carried the decimal points out quite far. So, it's 12,000 an 4 acre, plus the value of those two -- of the fencing and the 5 -- well, the two fences, which are probably about $3,000 each 6 for that fencing. 7 JUDGE TINLEY: But the actual consideration is 8 based upon $12,000 per acre? 9 COMMISSIONER LETZ: Right, plus the value of the 10 fencing. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER OEHLER: Is that a motion? 13 COMMISSIONER LETZ: That was a motion. 14 COMMISSIONER OEHLER: I'll second. 15 JUDGE TINLEY: We have a motion and a second. 16 Question or discussion on the motion? 17 COMMISSIONER BALDWIN: Well, we're going to -- we 18 don't know -- we don't know the number? 19 COMMISSIONER LETZ: I have the exact number. We 20 can -- I can go get the deeds and multiply out the tracts. 21 COMMISSIONER BALDWIN: Are we going to come back to 22 the tax rate -- 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER BALDWIN: -- issue? 25 JUDGE TINLEY: Probably after lunch. 9-27-10 126 1 COMMISSIONER LETZ: We can -- 2 COMMISSIONER BALDWIN: Can we come back on that? 3 Can you get some actual numbers? 4 JUDGE TINLEY: Okay. 5 COMMISSIONER LETZ: Yeah, okay. 6 COMMISSIONER OEHLER: We can do that. 7 COMMISSIONER LETZ: Okay. 8 JUDGE TINLEY: You want to know what the dollars 9 and cents are? 10 COMMISSIONER BALDWIN: Well, I do. 11 JUDGE TINLEY: Yeah, I understand. 12 COMMISSIONER BALDWIN: Just for fun. 13 JUDGE TINLEY: Yeah, okay. 14 COMMISSIONER LETZ: We just got the final survey in 15 from Mr. Voelkel on Friday. The reason it's on the budget is 16 these are budgeted dollars for this year. 17 JUDGE TINLEY: For this current budget year. 18 COMMISSIONER LETZ: This current year, and we 19 couldn't accrue those dollars if we didn't have an amount. 20 JUDGE TINLEY: Okay. So, you'll bring that back to 21 us after lunch? 22 COMMISSIONER LETZ: Yes, sir. 23 JUDGE TINLEY: All right. We'll be in recess till 24 1:30. 25 (Recess taken from 12:01 p.m. to 1:35 p.m.) - - - - - - - - - - 9-27-10 127 1 (Commissioner Williams not present.) 2 JUDGE TINLEY: Okay. Let's come back to order, if 3 we might. We've been recessed for lunch. Let's go back to 4 Item Number 29 that we were in the middle of at the time we 5 recessed. Consider, discuss, take appropriate action on 6 acquisition of right-of-way on Hermann Sons Road on Highway 7 27. I think Commissioner Baldwin had inquired about some of 8 the specifics. 9 COMMISSIONER LETZ: Judge, the -- I can give you 10 the right-of-way with acquisition offer amounts. For Comfort 11 Youth Baseball, $4,800. For Jim Roerig, $11,400, and for 12 Comfort Truck Center, it's $480. Then there's some fencing 13 that -- the total is 16,680. There's fencing that we are 14 purchasing on all three of those tracts. I don't see how 15 those numbers can exceed 10,000, the value of the fencing 16 that's in place right now. So I think if we, you know, put 17 another 10,000 in for that, it will be a total not to -- or 18 total amount of 26,680. 19 COMMISSIONER OEHLER: Not to exceed? 20 COMMISSIONER LETZ: Not to exceed that. 21 COMMISSIONER OEHLER: Second. 22 (Commissioner Williams entered the courtroom.) 23 COMMISSIONER OEHLER: There's Willie Bill. 24 COMMISSIONER WILLIAMS: Here I am. 25 JUDGE TINLEY: So, your motion is to authorize the 9-27-10 128 1 expenditure of a sum not to exceed 26,680 for -- 2 COMMISSIONER LETZ: For those. 3 JUDGE TINLEY: -- right-of-way on those three 4 tracts and the attendant fencing which goes along with that? 5 COMMISSIONER LETZ: Correct. 6 COMMISSIONER WILLIAMS: Okay. 7 JUDGE TINLEY: Was there a second? 8 COMMISSIONER OEHLER: Yes, sir. 9 JUDGE TINLEY: We have a motion and a second. Any 10 question or discussion on the motion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. Let's go 16 back to Item 18, if we might, dealing with the adoption of 17 the 2010 Kerr County tax rate, specifying maintenance and 18 operation, interest and sinking, and lateral roads. I'm a 19 little perplexed. We've got -- we've got our Auditor, who is 20 our in-house financial guru that is hired for that purpose, 21 telling us that in order to be -- have some reasonable 22 comfort zone that we're going to be able to utilize our 23 in-house funds as opposed to going into the marketplace to 24 borrow funds for operational purposes, ideally, she'd like to 25 have three, but she says she can live with two and a half 9-27-10 129 1 cents. The other -- the other financial guru that has been 2 advising this county for some -- almost 20 years now, I 3 suppose -- 4 COMMISSIONER BALDWIN: 25. 5 JUDGE TINLEY: -- 25 years, reminds us of the need 6 to have a 25 percent reserve, and the admonition that if we 7 have to go into the marketplace to borrow funds for 8 operational purposes, our credit standing with those that 9 hold our debt now, and more importantly, those that would 10 hold it in the future, is -- is in jeopardy, and things of 11 that nature are looked at in a very negative manner by people 12 in credit markets. I would remind the members of the Court 13 that our most recent debt issue enjoyed a very favorable rate 14 of 2.29 percent, which I think is pretty doggone good. We 15 had -- had an earlier issue back in 2005 when we exchanged a 16 position of 5 million -- $5 million debt with interest at 17 5.16 percent for a $2 million debt for under 3 percent. I 18 think that's favorable consideration by the credit markets. 19 I don't want to put those sort of things in jeopardy. 20 At the same time, I don't want to start throwing 21 our employees in the street. I think it's bad enough to talk 22 about it. You know, there's only so many you can -- you can 23 really lose and effectively operate. We've got some hard 24 times ahead of us, and if we don't prepare to have ourselves 25 in a position financially to operate in those times without 9-27-10 130 1 just dismantling the organization, either by virtue of 2 throwing them in the street or by beating them down on their 3 compensation to the level that they're voluntarily taking to 4 the street, I -- I think we've got to do what we've got to 5 do. You know, if anybody has -- has as their motivation 6 of -- of not doing what has to be done to keep the financial 7 soundness and integrity of this county based upon their own 8 personal political needs, I would hope that they put those 9 aside, if, in fact, that is a consideration. 10 We need to be thinking about the long-term 11 viability and financial stability of this county. And I 12 think if we do not do, at a minimum, what the Auditor has 13 suggested with regard to our tax rate, that we very well 14 could be doing that. And that's the reason that I 15 continually voted no on lesser tax rates at the proposed tax 16 rate -- at the time when we set that here a few weeks ago, 17 and the reason that I voted no on one and a half cent. But I 18 think if we revert to -- to the existing tax rate by default, 19 you know, I don't want to say I told you so, but I think the 20 time will come where it very well may be that, or there is 21 such total chaos within the organization that its -- really, 22 its overall effectiveness is literally destroyed. So, that's 23 my piece, and I'll leave it to you gentlemen to come with 24 whatever solution pleases the majority of you. 25 COMMISSIONER LETZ: It seems to me to get to a 9-27-10 131 1 solution, we got to go back to the budget. 2 COMMISSIONER WILLIAMS: Repeat what you said, 3 Commissioner? 4 COMMISSIONER LETZ: I said to get to a solution, we 5 need to at least go back to the budget, which is Item 17. 6 JUDGE TINLEY: Mm-hmm. 7 COMMISSIONER WILLIAMS: If we go back to 17, the 8 budget, where we stand now is that there's insufficient 9 funding for the budget that was adopted earlier this morning. 10 If we go back to that and reopen up that one, then it would 11 seem to me you're looking at an across-the-board cut in the 12 budget to help get to where we need. 13 COMMISSIONER LETZ: I'm not sure if we're there 14 yet. I mean, I will go there, but I don't know if the Judge 15 has to call us back to that item. 16 COMMISSIONER WILLIAMS: I understand. 17 COMMISSIONER LETZ: Procedural issue. That's where 18 I think we need to go, look at the budget again. 19 JUDGE TINLEY: Well, I thought we'd adopted a 20 budget. Obviously, we hadn't. 21 COMMISSIONER LETZ: Well, we -- 22 JUDGE TINLEY: At least in your mind, we hadn't. 23 COMMISSIONER LETZ: But -- well, we adopted a 24 budget, but we don't have -- we can't -- we don't have a tax 25 rate to support that budget at the moment, so therefore, the 9-27-10 132 1 budget is not of much value. 2 JUDGE TINLEY: We don't have a tax rate yet. 3 COMMISSIONER LETZ: Don't have a tax rate yet to 4 support that budget. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER BALDWIN: Well, I'll open the ball. I 7 have said from the beginning that there's three parts to 8 meeting the needs of the budget. One is employee separation, 9 agency reduction, and a possible tax increase. The employee 10 separation with Rusty and the Tax Assessor and the County 11 Clerk have met my wishes. The agency reduction, I go through 12 the budget, and it miraculously has been reduced, so that 13 satisfies my needs. So, now I'm willing to come over part of 14 the way, and I'm willing to vote for a cent and a half tax 15 increase. As far as I'll go. That's it. I think that -- 16 what does a cent and a half do to my $25,000 tent? It's not 17 much, so I can live with it. 18 COMMISSIONER WILLIAMS: Talking about what the 19 total produces? 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER WILLIAMS: 290 plus 145. About four 22 and a quarter. 23 MS. HARGIS: It's 143 and 289. About that, 145. 24 That's about what we have left if you do a penny and a half. 25 COMMISSIONER LETZ: Can you say that again, please? 9-27-10 133 1 MS. HARGIS: If you do a penny and a half, if 2 you'll look, that's basically -- that's what we'd have left. 3 Because without a tax increase, we don't have any -- you 4 know, we're going to enter with the same amount we went in 5 with, 'cause we don't have -- we actually don't have enough. 6 And I think that last time I gave y'all a sheet that showed 7 440-something thousand as the remaining amount after a penny 8 and a half. That's with going in with two million, which we 9 don't have. I was asked to explain a little bit more, and I 10 don't want to get into Diane's area, but having experienced 11 this, and maybe -- perhaps she has not, the effective tax 12 rate -- when the value goes down, the effective rate goes 13 down, which means that the effective rate could, next year, 14 be below the current rate that we have today. So, just -- 15 and that does cause problems. So -- and, you know, it's kind 16 of an inverse relationship. As the economy -- I mean, as 17 your value goes down, the effective rate goes with it. 18 JUDGE TINLEY: Goes below the stated rate. 19 MS. HARGIS: What happens is, the rollback rate 20 ends up being the higher rate, so you're pretty much going to 21 have to go with the effective rate. So, that can lock you in 22 sometimes into not even being able to raise taxes. I've seen 23 that happen. 24 COMMISSIONER OEHLER: Can you explain to me why 25 that the proposed tax rate of 3.6 would not have been beyond 9-27-10 134 1 rollback? 2 MS. HARGIS: You've never really even levied the 3 effective rate, and -- and that's one reason why. 4 COMMISSIONER OEHLER: So, the 8 percent doesn't 5 factor into effective or -- or rollback rates any more? 6 MS. HARGIS: 8 percent of M & O? It -- it does, 7 into the -- when you figure the rollback rate. But it 8 doesn't -- you also have your debt rate there, and so your 9 debt rate is what your debt rate needs to be, and then your 10 M & O rate. And because you've never really levied the 11 effective rate, it's always higher. So, in order to get the 12 same dollar, based on the value you have today, that's what 13 your effective rate gives you. And basically your effective 14 rate is a little bit higher right now than what our current 15 levy is. And when I was in Gillespie County, one of the 16 things that the Judge questioned each of the other counties 17 on is what they were going to do for taxes, and Gillespie 18 County said -- he said he was going to levy the effective 19 rate. Well, that's a little bit of a misnomer, because the 20 effective rate is generally going to be a little bit higher 21 than what you did last year. So, in other words, they -- 22 they did really raise the tax; they just -- they're using the 23 effective rate. And that could sometimes not be very much, 24 but that's how some entities do it to keep things level, is 25 they always levy the effective rate. The city did that when 9-27-10 135 1 I was over there. You do the effective rate; you're at least 2 getting the same dollar as did you last year. And our rate 3 really will not bring that in. 4 JUDGE TINLEY: There's a specific formula by which 5 you calculate the rollback rate, and Ms. Bolin was required 6 by law to give official notice -- I think it was published 7 notice, if I'm not mistaken -- which specified what the 8 rollback rate would be. That was calculated under that 9 formula, and do you have that number with you, Ms. Bolin? 10 MS. BOLIN: I do. 11 COMMISSIONER OEHLER: What is it? 12 MS. BOLIN: Rollback tax rate at .4873. The 13 general fund -- that's the overall rollback rate, which 14 includes the lateral roads. The general fund rollback rate 15 would be .567 -- .576, and the effective rate for just the 16 general fund is .4562. 17 COMMISSIONER LETZ: What's our rate, 4.3? 18 MS. BOLIN: .4293 is combined rate, but the .3971 19 is the one that you need to compare to this .4562. 20 MS. HARGIS: That is your -- your rate -- 21 MS. BOLIN: For the general fund. 22 MS. HARGIS: -- for the general -- 23 COMMISSIONER LETZ: Thank the Legislature for 24 making this so simple for us. 25 COMMISSIONER OEHLER: Yeah. 9-27-10 136 1 MS. BOLIN: Yes. 2 JUDGE TINLEY: So, the three-cent was -- would have 3 been what, less than half -- half what its -- its rollback, 4 according to the -- 5 COMMISSIONER OEHLER: That's amazing, 'cause that 6 would effectively raise people's taxes a lot. 7 MS. HARGIS: Mm-hmm. 8 COMMISSIONER OEHLER: Could be as much as 12 to 14 9 percent. 10 COMMISSIONER WILLIAMS: Based on valuation. 11 COMMISSIONER OEHLER: Yeah. 8 percent rule went 12 out a long time ago, didn't it? 13 JUDGE TINLEY: No, it's still calculated at 8 14 percent, but the formula that they use is a good deal more 15 complicated than just figuring -- 16 COMMISSIONER OEHLER: But in reality -- in reality, 17 it's way beyond 8 percent. Could be. 18 COMMISSIONER LETZ: Could be. 19 MS. HARGIS: Well, and again, keep in mind, they 20 don't take that freeze amount into consideration. That's 21 what makes the effective rate higher, because they can't 22 multiply the freeze amount. And on the value that we have, 23 it's going to take more to bring in, because we add back what 24 we get for the freeze to get to our tax rate, but to get to 25 the actual tax that -- money that we collected last year, 9-27-10 137 1 that's what it is. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER LETZ: So, the freeze will require us 4 to raise -- the effective rate goes up every year because of 5 the freeze. 6 MS. HARGIS: The freeze, some, and we also have to 7 take sales tax into consideration too. Which -- 8 COMMISSIONER LETZ: Well, I'll, you know, give you 9 the logic for the cent and a half. There's a number in the 10 budget -- or that I have in the budget that the Auditor can't 11 put in there, and I agree with why she can't, which is 12 attrition. So, I think that the -- you know, I still don't 13 like the way we're -- it's in there, but because of the 14 nature of elected officials, you know, once the spots are in 15 there, they're in there. I think -- I don't know. I know 16 that the Sheriff has offered -- said basically he won't fill 17 anything without coming to us; certainly, one position. Some 18 of the others may have done the same thing. But, you know, 19 we don't have a -- across the board, elected officials have 20 not said they will not hire, so that number can't be in 21 there. 22 It makes it a little bit -- puts us in a difficult 23 situation, and it's pushing me to the point of doing 24 something that I really, you know, do not want to do, which 25 is lower everyone's salary, doing the 2 and a half percent 9-27-10 138 1 that Commissioner Oehler came up with. I think it's a bad 2 thing to do, but I'm not hearing other elected officials 3 coming and saying, "We will not hire," so they're forcing, 4 you know, me into a situation that we -- you know, I've got 5 to come up with the money. And the attrition formula, you 6 know, I think we get there, but, you know, we can only 7 mandate so much as the Court, the employees and staff that 8 reports to us. So, you know, to get -- you know, further 9 reduce the budget, I'd be willing to go with an overall 2 and 10 a half percent reduction. 11 COMMISSIONER WILLIAMS: Willing to do what? 12 COMMISSIONER LETZ: The 2 and a half percent 13 reduction of all -- 14 COMMISSIONER WILLIAMS: Salaries? 15 COMMISSIONER LETZ: All salaries. 16 COMMISSIONER WILLIAMS: Coupled with 1.5 -- a cent 17 and a half? 18 COMMISSIONER LETZ: I'd rather -- 19 COMMISSIONER WILLIAMS: We don't get there on the 20 salaries alone. 21 COMMISSIONER LETZ: No, but you go down to one 22 cent, I think. 23 MS. HARGIS: Well, keep in mind, when you're using 24 323, that included Road and Bridge and the other -- all the 25 employees, so you're not going to get to 323 in the general 9-27-10 139 1 fund. 2 COMMISSIONER LETZ: You get to 300. 3 MS. HARGIS: No. No. No. 4 JUDGE TINLEY: And now you're talking about forging 5 your solution to hard times off the back of the employees. I 6 don't think that's right. 7 COMMISSIONER LETZ: I don't think it's right 8 either, but a lot of the department heads or elected 9 officials aren't coming forward and saying, "We will not 10 hire." They're forcing us into this situation, in my mind. 11 You know, I've put that offer out there at the last two or 12 three meetings, and I have yet to have more than one, maybe 13 two -- I think the County Attorney and I had a conversation 14 about this thing. But, you know, we can only do so much. 15 You know, any other solution, we have -- you know, I still go 16 along the line that unless we reduce overall staff in 17 numbers, we're not going to fix our problem for next year. 18 We're actually almost making it worse in a lot of instances. 19 So, you know, we got the -- but I can't control that. I've 20 been told by the County Attorney and elected officials that I 21 can't control their staffing. Therefore, they're forcing us 22 into a corner. And I'm not willing to go with a higher tax 23 rate than a penny and a half, so I don't -- in my mind, I 24 don't see a whole lot more options. 25 COMMISSIONER WILLIAMS: There's only one other that 9-27-10 140 1 I can see, and that would be for another across-the-board cut 2 in the budget of, say, 5 percent. And I'm not advocating it, 3 but it is an option. 4 COMMISSIONER LETZ: But I don't know how you do 5 that. Because if you -- if you include salaries in that -- 6 COMMISSIONER WILLIAMS: No, you can't, because 7 you'd be compounding -- 8 COMMISSIONER LETZ: Yeah. 9 COMMISSIONER WILLIAMS: If you did 2 and a half, 10 you'd be compounding. 11 COMMISSIONER LETZ: Well, 2 and a half and then 5 12 percent on everything else? 13 COMMISSIONER WILLIAMS: That would be 7 and a 14 half -- no. 15 COMMISSIONER LETZ: But at the same time -- I mean, 16 and I don't have a real problem with that, except there's 17 certain things that -- you know, medical or food at the jail. 18 I mean, we got to feed the people. We're not spending a 19 whole lot on that right now. Medical we are, but not on the 20 food. You can't just -- you know, utilities, some of these 21 things are kind of fixed costs, and just by saying we're 22 going to cut them doesn't mean they're going to get cut. 23 So -- 24 COMMISSIONER WILLIAMS: Well, while I understand 25 why we can't put the staff reductions that you've been 9-27-10 141 1 talking about through attrition into the budget, because 2 they're not real yet, nobody has told me that it is not 3 realistic to anticipate perhaps as many as 10 over the course 4 of the ensuing budget year. Am I still hearing correctly, 5 Ms. Hyde? That's a possibility? 6 MS. HYDE: Yes, sir. 7 COMMISSIONER WILLIAMS: Okay. So I would support 8 one and a half with a 2 and a half percent salary reduction. 9 COMMISSIONER LETZ: I'm not sure what agenda item 10 we're on. 11 JUDGE TINLEY: Well, we're on the tax rate. 12 COMMISSIONER LETZ: Tax rate? 13 JUDGE TINLEY: I'm just waiting on a motion. An 14 old one or a new one; doesn't make any difference. 15 SHERIFF HIERHOLZER: Jonathan, in comment to yours, 16 I think you know where I stand. And with the way -- and the 17 different things I've heard, you know, about, of course, what 18 Road and Bridge is cutting and the paving project and took 19 two their employees out of this mix or whatever due to that, 20 okay, not -- 21 COMMISSIONER LETZ: Wouldn't take them out of a 22 reduction in overall pay. 23 SHERIFF HIERHOLZER: Well, once you take some of 24 those out, and who the County has told us are not county 25 employees, I think my word to y'all on one of the current 9-27-10 142 1 reductions that I've agreed, and then on the offer to come 2 back to the Court and discuss any other hiring when I have 3 openings, that takes care of over half of the rest of the 4 county employees. And I think that's pretty good -- you 5 know, a pretty good leap towards what you're trying to get. 6 And I can't sit here and talk about Linda, if she will or 7 won't -- she's got a very limited staff. She doesn't have 8 the number of staff that I have. I can't guarantee other 9 cuts, but I will guarantee that I'll come back to the Court 10 during the year, and that could potentially add up to more 11 positions. 12 MS. UECKER: I did tell you, though, when I was up 13 here that I do anticipate a retirement next year, and that I 14 probably will not fill that position if I can do without it. 15 I did say that. 16 COMMISSIONER WILLIAMS: If you can do without? 17 MS. UECKER: Right. I mean, it's like -- we'll 18 look at it. I mean, I'm hoping that I can. I'm going to try 19 it. I mean, I don't know what else you want. 20 COMMISSIONER LETZ: Well, what we're getting -- you 21 know, we can't budget for that slot. We can't reduce the 22 budget by that amount in that slot, 'cause it's an unknown. 23 I think the Auditor's -- you know, I agree with way she's 24 calculating it. But that's also how I -- how I get to the 25 penny and a half, which is less than the Auditor, and 9-27-10 143 1 probably the financial adviser, recommended. We're losing 2 Baldwin. He ate too much. 3 COMMISSIONER BALDWIN: Judge, can you call Number 4 17 so we can possibly amend the budget? 5 JUDGE TINLEY: Well, let's see if we can get a 6 motion here on 18 first. 7 COMMISSIONER BALDWIN: Okay. 8 JUDGE TINLEY: I thought we were pretty close, 9 particularly in view of -- of your announcement. 10 COMMISSIONER BALDWIN: Am I riding in on the white 11 horse? 12 JUDGE TINLEY: Yeah. Yeah. 13 COMMISSIONER BALDWIN: But it's not anywhere near 14 you, I can tell. 15 JUDGE TINLEY: Mane was flowing. 16 COMMISSIONER BALDWIN: I know. The horse flies and 17 everything; I understand. 18 JUDGE TINLEY: No, it wasn't quite that good. And 19 it didn't leave any deposit here, thank goodness. 20 COMMISSIONER BALDWIN: Well, I don't have anything 21 to offer. 22 JUDGE TINLEY: Okay. But you might respond if a 23 motion was made? 24 COMMISSIONER WILLIAMS: Is 18 back on the table? 25 JUDGE TINLEY: Huh? 9-27-10 144 1 COMMISSIONER WILLIAMS: Is 18 back open? 2 JUDGE TINLEY: Oh, yeah. 3 COMMISSIONER LETZ: He never left 18. 4 JUDGE TINLEY: Yeah. Yeah, we're still there, 5 Bill. 6 COMMISSIONER LETZ: We did, but he didn't. 7 JUDGE TINLEY: We're still there. 8 COMMISSIONER WILLIAMS: We're everywhere. 9 JUDGE TINLEY: Yeah. I'm just waiting on a motion. 10 MS. BOLIN: Judge, are you going to look at 11 amending the budget? 12 JUDGE TINLEY: Have you been here the last 10 13 minutes? 14 MS. BOLIN: Yes. 15 JUDGE TINLEY: Okay. 16 MS. BOLIN: The question has been -- the question 17 in my mind is, since the budget has to be adopted before the 18 tax rate, if you're going to go back and amend that budget, 19 do you need to do that before you adopt a tax rate? 20 JUDGE TINLEY: I'm on Number 18 where we're 21 adopting the tax rate. 22 MS. BOLIN: I understand. 23 JUDGE TINLEY: Okay? That's where I am right now. 24 MS. BOLIN: I got you. 25 JUDGE TINLEY: Okay. And I think I was about to 9-27-10 145 1 get a motion. Maybe I was wrong. Maybe not. Old or new, 2 doesn't make any difference. Okay. Well, time for Attila 3 the Hun to come in and swing crazily. We'll go back to Item 4 17, the budget. Consider, discuss, take appropriate action 5 to adopt fiscal year 2010-11 Kerr County budget. 6 COMMISSIONER WILLIAMS: Would it be appropriate for 7 me to withdraw my motion for approval of that so we can get 8 discussion under way again? 9 JUDGE TINLEY: Well, we're there right now. 10 COMMISSIONER WILLIAMS: I know. So I don't have to 11 withdraw it? 12 JUDGE TINLEY: No, hmm-mm. 13 COMMISSIONER WILLIAMS: I would move that the Kerr 14 County budget be adjusted or amended to reflect a 2 and a 15 half percent reduction in staff salaries, top to bottom. 16 JUDGE TINLEY: I have a motion. Do I hear a 17 second? Motion dies -- 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: All right, we have a second. I have 20 a motion and a second. Question or discussion? First, let 21 me ask, Commissioner, as to those where there's already a 22 2 and a half reduction, is that in addition to those, or does 23 that include -- 24 COMMISSIONER WILLIAMS: They would be inclusive of. 25 JUDGE TINLEY: Okay. Question or discussion? 9-27-10 146 1 MS. HARGIS: You realize the 2 and a half is not -- 2 still not getting us where we need to be. 3 MS. PIEPER: The only thing that's doing is hurting 4 the employees. 5 JUDGE TINLEY: Mm-hmm. 6 MS. HARGIS: Two and a half percent in the general 7 fund might bring in 250, which is less than -- than a penny. 8 I would rather struggle with the penny and a half, and -- 9 COMMISSIONER LETZ: The Judge wouldn't go a penny 10 and a half. 11 COMMISSIONER WILLIAMS: We're on a budget -- 12 cutting the budget right now, not the rate. 13 JUDGE TINLEY: Well, they're both tied together, 14 so -- 15 COMMISSIONER WILLIAMS: Well, I understand they're 16 tied together, but -- 17 MS. HARGIS: I mean, we're already asking them to 18 pick up more of the insurance. If they don't pick up more of 19 the insurance, then the County's going to have to pick it up, 20 even if we get the plan down, so that would put us in a bind, 21 because we don't have enough money for that. So -- 22 MS. HYDE: Let me ask that. Let me -- I said this 23 to someone at lunch, so I just want to make sure that y'all 24 understand. We started out at 2.95 million for the budget 25 for insurance. I said I'll take 150 off. How I'm going to 9-27-10 147 1 do that, I wasn't sure, but we've talked about them. There's 2 some ways that we can do it without really hurting folks, so 3 that takes us to 2.8. But you all do realize that in our 4 budget, we've only budgeted 2.15 million for insurance. 5 Because we can't budget what employees are going to pay, so 6 we still have a chunk of change sitting out there if our 7 claims don't go down. We're betting that our claims are 8 going to go down, and we're betting that the employees are 9 going to pay this cost. So, I just want to make sure you 10 guys do understand that. That's a big chunk of change there. 11 COMMISSIONER LETZ: It's almost an argument for 12 this reduction. 13 MS. HYDE: I understand that. But then, if that's 14 the next argument, two years ago we said we weren't going to 15 put these people back in the tank, and that's why we did what 16 we did, and we cut expenses. Every elected and appointed 17 official cut their expenses. Buster brought it up this 18 morning, how much was -- how much was cut off. And now what 19 are we doing? We're taking that shaft and we're doing it 20 ourselves. Every one of the employees are the ones that have 21 helped insure that these expenses were not excessive. The 22 elected and appointed officials cut the budget, but the 23 employees are the ones that made it happen. And here we go 24 again. We're going to take away seven and a half off the 25 board, which I showed you three weeks ago, four weeks ago, 9-27-10 148 1 five weeks ago, six weeks ago, every week. And now we're 2 going to take another 2.5 away from them. That's 10 percent. 3 We're going to cut them 10 percent. I just want to make sure 4 that you guys understand that. 5 JUDGE TINLEY: No good deed goes unpunished, 6 apparently. 7 COMMISSIONER OEHLER: Part of that is, though, 8 federal government. That's not the county. 9 MS. HYDE: And I understand that, but that doesn't 10 change any of y'all, or any of our employees. 11 COMMISSIONER OEHLER: I understand. I'm just 12 saying don't blame it all on the county. 13 MS. HYDE: I didn't blame. I'm not casting blame; 14 I'm reminding. 15 SHERIFF HIERHOLZER: One reality I'd like to say on 16 that, if you go back across the board, the position that I 17 was going to do through attrition January 1, I'm having to -- 18 in essence, because it's trying to be fair throughout the 19 department, I'm moving what is currently an investigator 20 position back down to a patrol position so I don't cut patrol 21 January 1. We've got to have the people on patrol. So, that 22 person that went from the investigator going back to patrol 23 effective January 1 is taking what is right between -- 24 because he hasn't been here all year -- between a $6,000 and 25 $8,000 pay cut. That employee's spouse also works for us, so 9-27-10 149 1 that employee is not only taking between a $6,000 and $8,000 2 pay cut; they are taking the additional expenses of the 3 insurance on each side of them, 'cause each employee is 4 paying it, and they have three kids. And they're fighting 5 through bankruptcy court right now, and now we're going to 6 look at doing another 2 and a half percent pay cut to both of 7 them? 'Cause that's the effect of it; we have a lot of 8 husbands and wives that work for us. On top of all that? 9 What I heard before lunch was I heard a two-three vote on a 10 1.5. What I heard after lunch kind of came around that that 11 could be a three-two vote on a 1.5. And then through 12 attrition, that I heard Linda say that she would at least 13 come back to the Court and discuss it before she hires a 14 retiree. I promise I'll come back to the Court and discuss 15 any new hires that I have and open positions, okay? 16 MS. PIEPER: And I've said that. 17 SHERIFF HIERHOLZER: Jannett said that. I think at 18 least give the employees the benefit of the doubt. Don't cut 19 them. And give the elected officials and department heads -- 20 if you don't cut them, at least they're trustworthy enough to 21 come back and justify why we need to fill those positions, 22 and see if we can get there over the next year. None of us 23 have a crystal ball, and none of us know what's going to 24 happen throughout this coming year. All of us believe it's 25 not going to be good. But before we start doing detriment to 9-27-10 150 1 our employees, give us the same courtesy that you want to 2 give D.P.S. as having a year before you cut their secretary 3 position. Give your current -- your actual employees that 4 same courtesy. That's all I ask for. 5 COMMISSIONER WILLIAMS: When can you be back with 6 your answer? 7 SHERIFF HIERHOLZER: With my answer on what? 8 COMMISSIONER WILLIAMS: What you're proposing. 9 When are you going to come back and tell us what it's all 10 about? We have to have the thing to bed here within 48 11 hours. 12 SHERIFF HIERHOLZER: No, I'm not proposing. I'm 13 saying what I heard y'all -- two votes before lunch and one 14 vote -- and one mentioned what he'd do after lunch, is pretty 15 well a solution. Now -- 16 COMMISSIONER WILLIAMS: You're saying that you and 17 other department heads are willing to take another look at 18 it. 19 SHERIFF HIERHOLZER: What I was saying is we're 20 willing to take a look at -- and the department heads I've 21 heard -- and they can speak up if I'm misquoting. What I 22 have already told y'all, through attrition, I'm cutting the 23 one position come January. 24 COMMISSIONER WILLIAMS: Thank you. 25 SHERIFF HIERHOLZER: Okay? Now, if I have any more 9-27-10 151 1 openings -- I don't have any openings at this time. If I 2 have any more through this year, then I'm voluntarily coming 3 back to this Court to discuss those openings, and see if 4 there's a way, with y'all's assistance, that we can get 5 around either filling them and shuffling some things around 6 so it doesn't hurt public service, and through attrition, 7 you're gaining more that way. Just like the Auditor can't 8 program it in, I can't promise you that I will have three or 9 four openings that we can do that to throughout the year. 10 But what I've heard, especially after lunch, is Jannett say 11 she'll do the same thing, Linda say she'll do the same thing. 12 I'm going to do the same thing. You're already cutting 13 several positions that have already been pretty well 14 guaranteed in this new budget. And so before you do pay cuts 15 to affect employees, just like the example I just gave you, 16 give us the chance to at least see -- as Jonathan said 17 earlier, you know, see if we can meet that 10-position cut 18 throughout the year. None of us have that crystal ball. I 19 don't know where it's going to be, but we will try. 20 COMMISSIONER BALDWIN: I withdraw my second. 21 MS. PIEPER: Thank you. 22 MS. HYDE: Thank you. 23 COMMISSIONER BALDWIN: Am I a hero again? 24 JUDGE TINLEY: You have a team of white horses now. 25 (Applause.) 9-27-10 152 1 COMMISSIONER BALDWIN: Don't start that nonsense. 2 I support you. I like you. I love you. Oh, yeah. 3 MR. BOLLIER: That's a little far. 4 COMMISSIONER BALDWIN: But I'm still hung at 1.5. 5 And I -- what I'm hearing you -- 6 COMMISSIONER LETZ: Now we're on 17. We can't talk 7 about it, right? 8 COMMISSIONER BALDWIN: No, I think they're both 9 still open. The -- what I'm hearing. 10 JUDGE TINLEY: We've been bouncing back and forth 11 enough; we might as well open up 18, too. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER WILLIAMS: Might as well. 14 COMMISSIONER BALDWIN: What I just heard was, 15 before the -- before lunch we had a three-two vote on 1.5, 16 and I came in and changed mine. Everybody's happy. He's 17 happy. They're all happy. No? 18 COMMISSIONER WILLIAMS: Well, have we gained our 19 objective? That's the question. 20 COMMISSIONER LETZ: All right, I'll make a motion 21 that we set the tax rate at 1.5 cents -- 22 COMMISSIONER OEHLER: Increase. 23 COMMISSIONER LETZ: -- increase. We're voting on 24 the same thing again. 25 COMMISSIONER WILLIAMS: On the tax rate, are you 9-27-10 153 1 talking about? 2 COMMISSIONER LETZ: Tax rate. 3 JUDGE TINLEY: Let me get the numbers out here for 4 you, Jon. Be a 1.5-cent increase, which would put the M & O 5 -- the Kerr County rate, M & O at .3639, the interest and 6 sinking fund at .0482, and Road and Bridge at .0322, and 7 would constitute a 1.3279 percent increase over the effective 8 rate. 9 COMMISSIONER LETZ: Correct. 10 JUDGE TINLEY: That's the motion. 11 COMMISSIONER LETZ: Yes. 12 JUDGE TINLEY: All right. I have a motion. Do I 13 hear a second? 14 COMMISSIONER WILLIAMS: I'll second. 15 JUDGE TINLEY: We have a motion and a second. 16 Record vote? 17 MS. BOLIN: Yes, sir. 18 JUDGE TINLEY: Any question or discussion on the 19 motion? Okay. Record vote. 20 COMMISSIONER BALDWIN: Aye. 21 JUDGE TINLEY: Commissioner Baldwin, aye. 22 COMMISSIONER WILLIAMS: Aye. 23 JUDGE TINLEY: Commissioner Williams, aye. 24 COMMISSIONER LETZ: Aye. Commissioner Letz, aye. 25 COMMISSIONER OEHLER: No. 9-27-10 154 1 JUDGE TINLEY: Commissioner Oehler, no. And the 2 chair votes no. The motion carries. The tax rate is as 3 indicated in the motion. 4 MS. HARGIS: Okay. Now we have to have individual 5 components. 6 JUDGE TINLEY: Hmm? 7 MS. HARGIS: We have to vote on the components. 8 JUDGE TINLEY: We just did. 9 MS. HARGIS: Individually? 10 JUDGE TINLEY: Yeah. They were all part of the -- 11 part of the motion. 12 MS. HARGIS: Can't have one motion. You have to 13 have individual motions. 14 MS. BOLIN: No, it's a part of the motion. 15 JUDGE TINLEY: Yeah, one motion, broken down. 16 MS. BOLIN: Yes. 17 MS. HARGIS: Okay. 18 COMMISSIONER WILLIAMS: Let's make sure we're doing 19 it right. 20 MS. BOLIN: That -- the way that you did it is the 21 way that the state Comptroller said that it had to be done, 22 which breaks it down by each of the individual components. 23 COMMISSIONER WILLIAMS: That's what we did. 24 MS. BOLIN: Yes, sir. 25 COMMISSIONER LETZ: Want to run through the other 9-27-10 155 1 way too? 2 MS. HARGIS: I was always told that it has to be 3 individual motions, and so whatever. I just want to be sure 4 that we're legal. 5 JUDGE TINLEY: Okay, let me break the motion down; 6 that the 2010 Kerr County tax rate for lateral roads be 7 established at .0322. 8 COMMISSIONER BALDWIN: Aye. Is that what you want? 9 JUDGE TINLEY: Well, I need somebody to affirmative 10 the motion. 11 COMMISSIONER WILLIAMS: I'll move. 12 JUDGE TINLEY: I have a motion. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE TINLEY: And second. Question or discussion? 15 We do this about six times. 16 COMMISSIONER OEHLER: Road and Bridge -- the Road 17 and Bridge is not increased; it's staying the same. 18 MS. HARGIS: You still have to vote on it. 19 JUDGE TINLEY: We voted the whole thing. 20 MS. HARGIS: You don't have to have a roll call. 21 COMMISSIONER OEHLER: The same as it was last year. 22 MS. HARGIS: Judge, I think you only do the roll 23 call on total tax rate. Then on the components, you just 24 have to vote. 25 JUDGE TINLEY: That's what we did. 9-27-10 156 1 MS. HARGIS: No, you voted -- it's all one motion. 2 You're supposed to have separate motions. You vote the total 3 first, and then you break it down by components. 4 JUDGE TINLEY: Tax Assessor tells me -- 5 MS. BOLIN: What you did. 6 JUDGE TINLEY: -- it has to be two separate 7 components, not two separate motions. 8 MS. HARGIS: Okay, that's fine. 9 (Low-voice discussion off the record.) 10 JUDGE TINLEY: Okay. Withdraw? 11 COMMISSIONER WILLIAMS: Pardon me? 12 JUDGE TINLEY: On the last motion, withdraw? 13 COMMISSIONER WILLIAMS: Withdraw? 14 JUDGE TINLEY: Yeah, 'cause we're not going through 15 the drill. 16 COMMISSIONER WILLIAMS: Fine with me. Withdraw it. 17 JUDGE TINLEY: Okay. Okay, that brings us to Item 18 20; consider, discuss, take appropriate action to accept and 19 approve request from elected officials and department heads 20 for appropriate office staff pursuant to Local Government 21 Code, Chapter 151. I have -- in addition to the ones that I 22 delineated a while ago, I also have one from the Extension 23 Service that's been added. And we're excluding the -- the 24 District Attorney and -- 25 MS. PIEPER: D.P.S. and airport. 9-27-10 157 1 JUDGE TINLEY: -- D.P.S., right. 2 COMMISSIONER LETZ: Move we accept and approve the 3 request of elected officials/department heads to approve 4 for -- for their appropriate office staff pursuant to Local 5 Government Code 151. 6 JUDGE TINLEY: I have a motion. Do I hear a 7 second? 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: We have a motion and a second. 10 Question or discussion on the motion? 11 COMMISSIONER LETZ: The record's clear on all of 12 them that we've received? 13 JUDGE TINLEY: I got all of them in a while ago, 14 with the exception of the one I just added. I think 15 Ms. Uecker's came in later; I added that on the record a 16 while ago. But we're excluding the District Attorney and 17 the -- 18 MS. HARGIS: Did you add mine? 19 JUDGE TINLEY: And I think I got yours in, but I'll 20 mention it again. The Auditor's is in there, too. Okay. 21 Okay. Further question or discussion? All in favor of the 22 motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 9-27-10 158 1 JUDGE TINLEY: That motion does carry. Okay. What 2 else do we have, gentlemen? Anything? 3 COMMISSIONER OEHLER: I'd like to make a comment at 4 some point. 5 JUDGE TINLEY: Why don't you try now? 6 COMMISSIONER OEHLER: Want to do it now? 7 JUDGE TINLEY: Yeah, why don't you do it now? 8 COMMISSIONER OEHLER: I think we need to take this 9 year to try to educate the public a little better on what we 10 -- what our revenue sources are and what they aren't, the 11 ways that we can raise money for county services and ways 12 that we're not able to. I think we also need to come up with 13 some ideas and try to find funding through the Legislature 14 that's going to meet in the coming year, that will replace 15 maybe some of the funds that they have taken away from us and 16 are not giving back. And if we don't initiate some effort to 17 maybe get some legislation passed to basically pass all the 18 taxes back among everybody, or some sort of a tax or some 19 sort of a -- of a fee for various things, where everybody 20 pays, and not just the ones that are -- that are under 65 for 21 the increases, we're going to have real problems in the 22 future, and we're not going to be able to not go up on taxes. 23 And this was a year that, had I not said that I would 24 definitely not vote for an increase, I probably would have 25 done so. 9-27-10 159 1 Next year, I think we need to make people 2 understand in the public a little better about why we need 3 increases before we get to the point of the emergency that we 4 found ourselves in this year. But the fact is, the state 5 keeps taking money. We're just a collection agent for the 6 state, and they're lowering our percentages on various 7 things, and it's hurting us. And -- 'cause our revenue 8 source is very limited. So, I think we need to -- one thing 9 we need to explore in the very near future is all of our fine 10 and fee schedules with all departments that collect those, 11 and see where we are, whether we're maxed out or whether some 12 of those could be increased to help generate a little more 13 revenue. Because, you know, it's a sad thing when property 14 taxes have to go up and others basically stay the same, and 15 our percentages dry up because the State's taking it. So, I 16 feel like it's my -- my responsibility to help educate the 17 folks that live in my end of the county of where we are and 18 why we're where we are, and then what's going to be necessary 19 for a while, providing we do not get some other source of 20 income. That's my speech. 21 JUDGE TINLEY: Commissioner, I'd love to be able to 22 predict that it would have some effect on the Legislature if 23 we were to plead our plight to them. I think their immediate 24 response would be, "We got our own problems." 25 COMMISSIONER OEHLER: Yeah. 9-27-10 160 1 JUDGE TINLEY: "And we're going to figure out a way 2 to make them yours." 3 COMMISSIONER OEHLER: That's right, they have done 4 that over and over. 5 JUDGE TINLEY: That's been their job for the last 6 umpteen years, these unfunded mandates, and that's part of -- 7 part of why we are where we are. They're the ones that so 8 graciously handed the over-65 tax freeze and agreed to put 9 that one on the books. Their response was, of course, it had 10 to be by referendum, and any time you give folks an 11 opportunity to give themselves a tax break, particularly the 12 seniors, when you look at the percentage of the demographics 13 who vote and don't vote, that was a no-brainer. But it got 14 them out of their hair and on down the road to our hair. 15 COMMISSIONER OEHLER: Mm-hmm. 16 JUDGE TINLEY: And I think, rather than finding any 17 relief, we're going to find more grief, because they're going 18 to send it to us. 19 COMMISSIONER OEHLER: Well, they probably are. We 20 need to fight them. We need to fight them every way we can, 21 somehow or another to get them to understand that, you know, 22 they can't keep robbing from the pot that's empty. Empty our 23 pot, anyway. 24 COMMISSIONER BALDWIN: I agree with you. We need 25 to educate our public. I have found that they seem to not -- 9-27-10 161 1 my group that I deal with understand clearly that the whole 2 -- the whole issue, but when we get to the point of we need 3 to figure out another way to make our money, it seems like, 4 you know, they say cut the budget. What they don't -- I 5 think what people don't understand is -- is that these good 6 employees and our elected people have cut it. I mean, it's 7 cut -- the more I look at it, the more I -- since I've gotten 8 this, I've gone through it. That thing's cut to the bone. 9 It truly and really is. There's -- this is not a fat budget. 10 And that's the part that people don't understand that are not 11 involved with us, is that they think, well, there's just -- 12 there's some hidden fat in there, so cut it. I can't find 13 it. 14 COMMISSIONER LETZ: Well, I think a lot of that is 15 that most of the population nationwide is upset with what's 16 going on in Washington. 17 COMMISSIONER BALDWIN: Yeah. 18 COMMISSIONER LETZ: And things keep going up, and 19 they paint us with a broad brush, and possibly Austin, and 20 they think that we're -- our -- you know, our budget's been 21 growing and growing. Well, if you happen look at it, our 22 budget's been going down, and our revenue's been going down, 23 mainly because of Austin and 'cause of the economy. Our 24 functions are going up. So, I mean -- 25 COMMISSIONER OEHLER: Yeah. We can't shut the jail 9-27-10 162 1 down. We can't shut the courts down. You can't shut the 2 Sheriff down. I mean, they're just -- 3 COMMISSIONER LETZ: Can't -- 4 COMMISSIONER OEHLER: The clerks, everything. I 5 mean, you can't shut it down. So you try and operate as 6 cheaply as possible, and at the least expensive. But, yes, 7 it's not fair for this to happen again next year and get into 8 this kind of situation. 9 COMMISSIONER WILLIAMS: The sad part about it is, 10 right now we have our public hearings. People come out and 11 they listen, make suggestions. Some have some validity, some 12 do not, but the bottom line in many cases is, "Whatever you 13 do, don't cut services." Well, that's more easily said than 14 done. The sad thing about it is that the folks who are on 15 fixed incomes or who are under the tax freeze right now, and 16 whatever we do here has no material effect on them, 17 basically, in terms of their property taxes moving forward, 18 the sad thing is, there are thousands out there who could 19 have been in court, who could have made a very big impact on 20 the whole situation to begin with. That didn't happen. 21 JUDGE TINLEY: Anybody want to go home? 22 MS. BOLIN: I do. 23 JUDGE TINLEY: Anything else? 24 COMMISSIONER BALDWIN: I want to have juvenile 25 court. 9-27-10 163 1 JUDGE TINLEY: We're going to accommodate you here 2 just very shortly. 3 COMMISSIONER BALDWIN: Thank you very much. I'm 4 telling you, this guy's -- 5 JUDGE TINLEY: Court's in about 30 minutes. 6 COMMISSIONER BALDWIN: -- first-rate. 7 JUDGE TINLEY: Anything else to come before the 8 court? We'll be adjourned. 9 (Commissioners Court adjourned at 2:28 p.m.) 10 - - - - - - - - - - 11 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 official reporter for the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 1st day of October, 20 2010. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 9-27-10