1 1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Wednesday, May 18, 2011 11 8:30 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 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X May 18, 2011 2 PAGE 3 1.1 Consider/discuss, take appropriate action to authorize Maintenance Department to hire 4 additional staff to replace existing or anticipated vacancies 3 5 1.2 Consider/discuss, take appropriate action to 6 authorize negotiations with third party property owners for possible lease of facility for location 7 of West Kerr Annex and authorization to execute new lease if terms are within parameters as 8 prescribed by Court; authorize notice of non- renewal to current lessee, if applicable 6 9 1.3 Consider/discuss, take appropriate action on 10 resignation of Human Resources Director 11 11 1.4 Consider/discuss, take appropriate action on proposed interlocal agreements with City of 12 Kerrville for various services and/or operations 16 13 --- Adjourned 47 14 15 16 17 18 19 20 21 22 23 24 25 5-18-11 3 1 On Wednesday, May 18, 2011, at 8:41 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 special Commissioners Court meeting 9 posted and scheduled for this date and time, Wednesday, May 10 the 18th, 2011, at 8:30 a.m. It's a bit past that now. I 11 apologize for being a few minutes late; I was operating on 12 9 o'clock time. First item on the agenda is to consider, 13 discuss, and take appropriate action to authorize Maintenance 14 Department to hire additional staff to replace existing or 15 anticipated vacancies. Mr. Bollier? 16 MR. BOLLIER: Yes, sir. As y'all know, I lost one 17 to retirement already back last month on the 29th. I had one 18 come in and resign this week. His last day is on the 27th. 19 And then I have another one that has informed me that he's 20 going to retire in December. So, I'm asking the Court to let 21 me replace both of those positions, and that -- for training 22 reasons, so that I have time to train them, and at the end of 23 the -- when the last one retires in December, we'll try 24 without him. 25 COMMISSIONER LETZ: Could you go along with hiring 5-18-11 4 1 one now and one in -- you don't even know my question. 2 (Laughter.) Shaking your head. 3 MR. BOLLIER: Yes, sir, go ahead. 4 COMMISSIONER LETZ: And one, like, in three months? 5 MR. BOLLIER: I'll do whatever you want me to 6 there, Commissioner. 7 COMMISSIONER LETZ: Well, I just -- 8 MR. BOLLIER: As long as you give me two positions, 9 I'll do whatever you ask me to do. 10 COMMISSIONER LETZ: I think -- you know, I can see 11 you need to train. I don't think you need the training for 12 the December retiree until maybe the last little bit, no more 13 than a quarter. I'd say sometime towards -- later in the 14 year. But I do think you do need to fill that one position 15 right now, 'cause you are down one right now, correct? 16 MR. BOLLIER: Yes, sir, and I'll be down two come 17 the 27th. 18 COMMISSIONER LETZ: Right. And you'll stay down 19 one. But -- 20 COMMISSIONER OEHLER: Stay down one till December. 21 COMMISSIONER LETZ: You'll be down one until late 22 summer-ish, somewhere in there, and then you get a new person 23 that you can train and have -- and then you go down one again 24 in December. 25 MR. BOLLIER: So, what I'm getting out of this, 5-18-11 5 1 you're going to allow me to hire one now and hire another one 2 in August, September? 3 COMMISSIONER LETZ: August 31st. 4 MR. BOLLIER: August 31st? I can do that. 5 COMMISSIONER LETZ: But come back before we hire 6 that one. 7 MR. BOLLIER: Come on, Commissioner. Come on. 8 I'll do whatever the Court tells me to do. 9 JUDGE TINLEY: Got to crawl before you can walk, 10 Tim. 11 MR. BOLLIER: Yes, sir. That's right, sir. 12 COMMISSIONER LETZ: I'll make a motion to authorize 13 the Maintenance Department to hire -- or replace the one 14 position. 15 COMMISSIONER OEHLER: Second. 16 COMMISSIONER LETZ: Effective immediately. 17 MR. BOLLIER: And later on, I can hire on August 18 31st? 19 COMMISSIONER OEHLER: Come back. 20 MR. BOLLIER: Okay, sir. I'll try. 21 JUDGE TINLEY: I have a motion and second to 22 authorize Maintenance Department to hire one person 23 immediately to replace the retired position. Question or 24 discussion? All in favor of the motion, signify by raising 25 your right hand. 5-18-11 6 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion does carry. 5 MR. BOLLIER: Thank you. 6 JUDGE TINLEY: Let's go to Item 2; to consider, 7 discuss, and take appropriate action to authorize 8 negotiations with third-party property owners for possible 9 lease of facility for the location of west Kerr Annex and 10 authorization to execute new lease if terms are within 11 parameters as prescribed by Court, authorize notice of 12 non-renewal to current lessee if applicable. Commissioner 13 Oehler? 14 COMMISSIONER OEHLER: We have been kind of back and 15 forth with the present landlord of the annex facility for 16 quite some time, and we offered one deal at the -- for a 17 month-to-month, and it came back that -- that he wanted an 18 additional sum of money; I believe it was $1,100 a month. It 19 went up 300 over what we're paying now. And so we offered 20 another deal to him at the 800 for a year, and we got no 21 response to that. So, I have been working with Terry Napper 22 on the lease of another building, which is over twice the 23 size, and it's a much newer building. Everything seems to be 24 in working order. I looked at it. I took Tim out with me 25 the other day, and we both looked at it, and there's only one 5-18-11 7 1 -- one small change that the landlord proposed, and that 2 deals with the HVAC system. In the beginning, he wanted the 3 County to be totally responsible for that, and I told him 4 that it was his building and he really needed to be 5 responsible for any major repairs, any replacement. And 6 that's what's reflected in this Number 3, that the County 7 would do like we've been doing on the building we presently 8 lease, which is minor repairs, changing filters, you know, 9 doing small, not-too-costly repairs to keep the system going. 10 That's the only change between the lease we have presently 11 with Mr. Priour and the new lease. And I would move that 12 we -- we sign a lease, authorize the Judge to sign it, with 13 Terry Napper for a one-year term, 800 a month, at 3350 14 Junction Highway in Ingram. 15 COMMISSIONER OVERBY: Commissioner Oehler, what's 16 the size of this building? 17 COMMISSIONER OEHLER: It's over 3,000 square feet. 18 COMMISSIONER OVERBY: Okay. 19 COMMISSIONER BALDWIN: Where is 3350? 20 COMMISSIONER OEHLER: That's right there, you know, 21 right directly across from Kerrville Butane, right next to 22 the little building that used to be the Ingram water company, 23 where they -- it's next to where Payne has all of his -- 24 COMMISSIONER BALDWIN: Oh, yeah. 25 COMMISSIONER OEHLER: -- gravel, and Ferguson parks 5-18-11 8 1 his trucks over there. 2 COMMISSIONER BALDWIN: Mm-hmm, yeah. 3 COMMISSIONER OEHLER: On the side of the highway. 4 COMMISSIONER BALDWIN: We're staying in the same 5 neighborhood, then. 6 COMMISSIONER OEHLER: Same neighborhood, and it's a 7 bigger building, has a security fence all the way around the 8 building on the outside. It has the same amount of parking, 9 maybe a little bit more, depending on whether we can -- 10 there's double gates that we can go in for additional 11 parking. 12 COMMISSIONER BALDWIN: Super. 13 COMMISSIONER OEHLER: And it is a good building, 14 and everything is in working order. 15 COMMISSIONER BALDWIN: Good. 16 COMMISSIONER LETZ: Do you have an estimate what 17 it's going to cost to move? 18 COMMISSIONER OEHLER: Well, we're going to do it 19 with Bobby Johnson's guys, and -- and, you know, it'll all be 20 done in-house. 21 COMMISSIONER LETZ: The utilities -- I mean, we 22 have to move the utilities, but not -- not much. 23 COMMISSIONER OEHLER: Everything is on and working. 24 I imagine that the utilities will be changed into our name. 25 But we'll have to do a little reconfiguration, minimal, to 5-18-11 9 1 make it operational. It's got, like, four offices in it. It 2 has a big storage area in the back. About half or more of it 3 is heated and air-conditioned. There's a big space in the 4 back that could be turned into a courtroom. And the rest of 5 it, you know, it's just -- there'll be some stuff we can do 6 in-house, which I told him I'd help him with -- with doing, 7 and we'll get with Diane and with Bill to do -- the walls are 8 not attached. It's got a drop ceiling in it, so it just goes 9 up to the ceiling and could easily move. And it's in here 10 that I will work with -- with the landlord to get permission 11 to move the -- what needs to be done to make it operational, 12 and he will sign. He's out of town. I called and read him 13 what we changed, and he agreed to it. He said he would sign 14 tomorrow, whenever he gets back into town. He's out of town 15 till this afternoon. 16 COMMISSIONER OVERBY: I'll second your motion, 17 Commissioner Oehler. 18 MR. HENNEKE: If I could jump in real quick, 19 gentlemen, I would suggest that part of the motion include, 20 upon approval, that notice be sent to Mr. Priour that we are 21 terminating the lease. And I do want to tender to the Court, 22 gentlemen -- remember, a month ago or so, the Court 23 authorized the Judge to sign a -- extend an offer to 24 Mr. Priour of a lease. We never got a response back until 25 this week. He signed it and sent it back, but he changed the 5-18-11 10 1 term on the lease as far as the amount, so that doesn't 2 constitute an acceptance; that constitutes a counteroffer. 3 So, he's not accepted. I wanted to make y'all aware that he 4 did send that back. And I would recommend that if you accept 5 this new building, that there be written notice sent -- sent 6 to Mr. Priour that we're moving out at the end of the month, 7 and reject his counteroffer. 8 JUDGE TINLEY: Your motion does include notice to 9 the lessee we're not exercising our option or otherwise 10 electing to remain as tenant? 11 COMMISSIONER OEHLER: Yes, sir, it does. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER LETZ: Just for the record, the 14 counteroffer that Mr. Priour -- it appears that he changed it 15 to 1,100 a month, which is a $300 increase. 16 COMMISSIONER OEHLER: Right. And we don't have 17 that money budgeted. 18 COMMISSIONER LETZ: There's some notes in the back. 19 JUDGE TINLEY: The note reflecting six-month lease 20 available for 900. In any event, it's a counteroffer, which 21 is a rejection of our offer, and our offer's no longer 22 outstanding as a result of that, so we have no further 23 obligation under this particular document. Sheriff? 24 SHERIFF HIERHOLZER: The only additional cost in 25 moving may be getting Guardian, the company up here that 5-18-11 11 1 installed the cameras and everything, 'cause we do have 2 security cameras in that system that will have to be moved 3 over and re-hooked up to the rest of the system. 4 JUDGE TINLEY: They've always been most cooperative 5 working with us. I'm sure that -- 6 SHERIFF HIERHOLZER: Yes. 7 JUDGE TINLEY: Whatever a reasonable charge for 8 that, is, why, so be it. Yeah. 9 COMMISSIONER OEHLER: Mr. Bollier has that in his 10 budget. 11 JUDGE TINLEY: I see. 12 COMMISSIONER LETZ: And the County Attorney, you've 13 looked at that? 14 MR. HENNEKE: Yes, sir. 15 JUDGE TINLEY: We have a motion and a second. Any 16 further question or discussion on that particular motion? 17 All in favor of the motion, signify by raising your right 18 hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Let's go to 23 Item 3; consider, discuss, and take appropriate action on 24 resignation of Human Resources Director. As members of the 25 Court know, we received written notification last week of the 5-18-11 12 1 resignation of our Human Resources Director effective March 2 31, the end of this month. 3 COMMISSIONER BALDWIN: March? 4 JUDGE TINLEY: Excuse me, May 31, the end -- well, 5 there are 31 days in March too, Commissioner. 6 COMMISSIONER BALDWIN: That's okay. 7 JUDGE TINLEY: So I'm half right. 8 COMMISSIONER BALDWIN: I'm not bothered by it at 9 all. 10 JUDGE TINLEY: Okay. My apologies. And so I put 11 this on the agenda. It's my understanding that the -- that 12 the director is working with the other elected officials and 13 offices that interface with the H.R. Department, and an 14 effort is being made to come up with at least an interim 15 proposal insofar as how to go forward, at least on the 16 interim basis, until we decide what a permanent solution is, 17 and that should be presented to us at our next regular 18 meeting. But insofar as today's action, it's probably 19 appropriate that the Court take action to accept the 20 resignation, if that's the Court's desire. 21 COMMISSIONER OEHLER: I move that we accept the 22 resignation of Eva Hyde as effective May 31st, 2011. 23 COMMISSIONER BALDWIN: I second it, but I have a 24 comment. 25 JUDGE TINLEY: I have a motion and a second. 5-18-11 13 1 Questions or comments? 2 COMMISSIONER BALDWIN: I have a comment, Judge, and 3 I'd appreciate that. This is a good thing and it's a bad 4 thing. It's a bad thing for the family of -- of the county 5 to lose an important employee like that. She's a dynamic 6 employee, and it's going to be -- there's going to be a hole 7 there for a while. But it's also a good thing for her to be 8 able to -- she's chosen to go out and do other things, 9 whatever that may be, and I'm happy for her, and she needs to 10 get out, I guess, to stretch her wings a little bit, and take 11 on new challenges, and -- and so that's a good thing for her. 12 JUDGE TINLEY: Other questions or comments? 13 COMMISSIONER OEHLER: Well, I would like to comment 14 a little bit on that, too. You know, Eva has kind of -- 15 she's -- not "kind of"; she's done a lot of good things that 16 have brought us out of the dark ages from where we were years 17 ago, without having any -- any real guidance to take care of 18 a lot of the employee issues that have happened over the 19 years, and I want to commend her for all the good that she 20 has done, helping other elected officials and department 21 heads to understand more about what needs to be done when 22 dealing with employees and handling insurance and various 23 things. But thank you very much for your service. 24 JUDGE TINLEY: Other comments? One thing I 25 particularly want to point out that I think is -- is 5-18-11 14 1 important to note. At the time that Ms. Hyde came on board, 2 we had sort of a safety policy, but we had some tremendous 3 problems in the safety area. We were classified as a 4 hazardous workplace in two different respects, both in the 5 administrative area here in the courthouse, also out at Road 6 and Bridge. Ms. Hyde was kind enough to take on the task of 7 putting together a comprehensive safety policy, and as a 8 result, we -- we not only got rid of our extra hazardous 9 designation in both of those areas, but for -- is it two or 10 three years now that -- successive years, we have received 11 safety awards from Texas Association of Counties, which is 12 our worker's compensation carrier. Well, what comes with 13 that is, number one, we got a significant cash award one 14 time, and -- but each time that we improve our safety program 15 and our safety record, those worker's comp rates came down. 16 And those worker comp rates, the index is based 17 upon the payroll, and when you figure the size payroll we 18 got, you plug in a reduction in that rate structure and 19 you're talking about some real money. And as a result, we've 20 received significant credit against our worker's comp 21 premiums, and reduction and credits -- we got a credit out of 22 the pool that was held by everybody, but the reduction in 23 premium is a significant amount of money, and I want to thank 24 her for taking on that chore and putting the shoulder to the 25 wheel and coming up with a great safety program. That, of 5-18-11 15 1 course, will remain. It's effective and it's working, and I 2 want to see it go forward, because it's meant -- it's brought 3 good to our employees; i.e., safer workplace, fewer injuries, 4 less pain, et cetera. It's saved us a lot of money under our 5 worker's comp rates, and I think it's a wonderful, wonderful 6 thing that she's done. That's just one of the many things 7 that -- that she reached out to attempt to accomplish while 8 she was down there in that position, and I -- it will take me 9 a while to go into all of those, but that's the one that 10 really sticks out, and probably means more to the total 11 employee pool and economic to this county -- economics to 12 this county more than anything else that she's done. Thank 13 you. I appreciate that. 14 COMMISSIONER OEHLER: One more thing. Larry from 15 TAC was in the other day, and he informed us that he was 16 going to be presenting us with another safety award in a 17 month or two. 18 JUDGE TINLEY: Yeah, been designated again. 19 COMMISSIONER OEHLER: Yeah. 20 JUDGE TINLEY: Any further question or discussion? 21 All in favor of the motion, signify by raising your right 22 hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 5-18-11 16 1 JUDGE TINLEY: The motion does carry. Let's go to 2 Item 4; to consider, discuss, and take appropriate action on 3 proposed interlocal agreements with the City of Kerrville for 4 various services and/or operations. I have kept this as a 5 running agenda item for every meeting for -- I don't know, 6 several months now, just in case we have something that we 7 want to -- we want to work on and throw out in the way of a 8 formal proposal. I understand that Commissioner Overby's 9 been doing some work on this, so I'm going to drop it on him 10 right now. 11 COMMISSIONER LETZ: Before you -- have we heard 12 back from the City on our last offer? I read in the paper 13 they said no, but I haven't -- I mean that the Mayor said no. 14 I haven't heard any action by Council. 15 JUDGE TINLEY: The -- what occurred -- I listened 16 to the Council meeting. For some reason, the video portion 17 was not showing. It was presented at -- at the Council 18 meeting. It was on the agenda for consideration, possible 19 action. There was no formal action taken, but the consensus 20 of the Council was that our proposal was unacceptable. So, I 21 guess that one's still floating out there. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER OVERBY: Is that the answer -- 24 COMMISSIONER LETZ: Well, I mean, I don't recall 25 them actually giving formal notice on probably the other 5-18-11 17 1 previous three offers either, but -- 2 COMMISSIONER OVERBY: Yeah. 3 COMMISSIONER LETZ: Other than kind of a consensus, 4 I guess, that they don't like what we're -- our offers. 5 Okay. Commissioner? 6 COMMISSIONER OVERBY: Well, Judge, again, it's like 7 you have said; it's been an agenda item that's been kind of a 8 revolving door over the last several months, and I know the 9 Commissioners and this Court have been trying every way that 10 we can to negotiate with our -- our City folks, our entities 11 across town, and trying to come up with a -- a concept of an 12 interlocal agreement between the two entities for hopefully 13 multiple years. There's been -- first of all, I know that 14 Commissioner Letz and Judge Tinley have -- have met several 15 times with the subcommittees that we have, and have done a 16 lot of steering in that direction to try to move us into an 17 agreement, and I appreciate that, their efforts in doing 18 that. And some of the -- the comments here on this proposal 19 here, again, I know that Commissioner Oehler and Baldwin have 20 all agreed that this is something that we would like to -- to 21 get agreed upon soon, and discuss, and move on down the road, 22 'cause it needs to be -- we need to get an agreement and move 23 on. 24 What I had before County Commissioners for 25 discussion is, again, I think we all have sat down and tried 5-18-11 18 1 to be as creative as we could to put some type of proposal 2 out there for them to -- to look at, that we could agree on 3 and move down the road, because there are a lot of other 4 projects and things that we need to be working on in an 5 effort to do so. The proposal agreement, I'll just kind of 6 explain it. This has been just kind of some discussions that 7 have been going on, just trying to -- as we -- we see each 8 other in town, and just trying to say ideas about trying to 9 be creative in different ways that just say, "Hey, maybe this 10 is something we can work on. We'll put something together, 11 and let's see what they say to that." 12 But the proposal here, for the first year -- first 13 of all, let's look at the services that the County of Kerr 14 County paid last year in the 2010-11 budget. Our total last 15 year was 1,394,319 is what we paid for fire, EMS, library, 16 animal control, and airport. The -- the proposal here to the 17 City of Kerrville does call for a three-year agreement, and 18 -- and not a five-year, is what we had seen in the newspaper 19 here a couple of weeks ago. This is a three-year agreement. 20 We -- the proposal in this would propose the County to 21 propose $500,000 towards fire. And I want to say at the same 22 time, what Commissioner Oehler said at our last County 23 Commissioners Court meeting, something that we need to do and 24 consider in helping our volunteer fire departments down the 25 road, we've struggled with that and trying to come up with a 5-18-11 19 1 figure that we could offer, but also know that our volunteer 2 fire departments do an outstanding job in Kerr County, and we 3 need to really still think about how we can help assist them 4 in the next year or two as well. But let me go down through 5 the other numbers in this proposal. 6 COMMISSIONER BALDWIN: Let me ask you something 7 about the fire. 8 COMMISSIONER OVERBY: Yes, sir? 9 COMMISSIONER BALDWIN: Now, you're proposing that 10 we go to 500,000. 11 COMMISSIONER OVERBY: That's correct. 12 COMMISSIONER BALDWIN: How much was it the City 13 requested? 14 COMMISSIONER OVERBY: 500. 15 COMMISSIONER BALDWIN: So we're -- 16 COMMISSIONER OVERBY: We are meeting their -- their 17 request. 18 COMMISSIONER BALDWIN: Would you mind doing that on 19 each one of these, please? 20 COMMISSIONER OVERBY: Yes, sir, I will. 21 COMMISSIONER LETZ: I might note that we -- our 22 offer before last, we were at that same amount, and they 23 rejected it. 24 COMMISSIONER BALDWIN: Correct. 25 COMMISSIONER LETZ: For the fire and EMS, we gave 5-18-11 20 1 them exactly what they requested. 2 COMMISSIONER OVERBY: As Commissioner Baldwin has 3 stated, he's asked to state what the amount -- what Kerr 4 County has requested, and I will state that amount, and the 5 amount that we're offering for fire services, the City of 6 Kerrville's requested $500,000. The proposal from Kerr 7 County is $500,000. EMS, Kerr County has requested $400,000 8 -- City of Kerrville has requested $400,000. Kerr County is 9 -- is going to offer $400,000 in this proposal. The City of 10 Kerrville and the library -- this is a figure that you've 11 seen kind of go from 750,000 to 700,000 in the budget. In 12 this budget request, this proposal, the budget is $700,000. 13 They take out the revenue that's generated from it, which is 14 very nominal, but $680,000 budget, and the County would pay 15 what we -- services that we use out of the county, which is 16 42.94. But there is another about 2 and a half percent that 17 has come from other services outside of -- other adjacent 18 counties or other services. But we split the difference 19 between that other percentage, and we came up with a figure 20 of 45 percent of what we would do towards that budget, and 21 what is shared in those services in this proposal, which 22 comes to $306,000. And then animal control is -- there's a 23 figure here where Kerr County is requesting a $400,000 budget 24 for the 2011-2012 year. Our previous budget for animal 25 control last year, as you know, was 368. The City of 5-18-11 21 1 Kerrville was requesting -- or not requesting; they are 2 offering a $100,000 contribution to our animal control, where 3 Kerr County would be paying 300,000 of that. 4 COMMISSIONER LETZ: They've offered that? 5 COMMISSIONER OVERBY: They've offered $100,000 6 towards animal control. 7 JUDGE TINLEY: They offered that previously. 8 COMMISSIONER LETZ: I don't recall ever seeing that 9 offer. I remember talking about it. 10 COMMISSIONER OEHLER: It came. 11 COMMISSIONER OVERBY: The -- the airport is 12 $175,000 across the board, request of support, 50 percent/50 13 percent for the 2011-2012 year. So, with -- with all of the 14 requests from what the City has -- has requested, the County 15 is -- and this proposal would be a concept of offering, for 16 the 2011-12 year, 1.681 million, and the two, I'm proposing, 17 years after that would be a 3 percent compounded C.P.I. 18 increase over the next two years. So, if we look at -- we 19 need to go back and remember, again -- Commissioner Letz, I 20 don't -- I don't -- we don't know -- I know that the 21 Caillouxs had made an offer -- or a request of -- a gift of 22 $200,000. 23 COMMISSIONER LETZ: Correct. 24 COMMISSIONER OVERBY: And, again, folks like that 25 in our community that have done so much for us over the 5-18-11 22 1 years, I always like to say appreciate it, and if that gift 2 is still available, you know, we would greatly appreciate 3 that opportunity to partner with them as well. So, if we see 4 the difference between what year one is of this proposal, 5 agreement of 1.681 million, we subtract away the 1.394, we 6 have a difference of $286,681. If the Cailloux gift is -- is 7 approved -- and I must note that if it is approved by their 8 board, which is still pending, the board approval, and if 9 they decide to do an annual gift of $200,000 for three years, 10 the net difference to the County would be $86,681. Without 11 the Cailloux gift, we would have an increase of 20.6 percent 12 in year one. In year two -- I mean -- excuse me. And if we 13 have the Cailloux gift, and it was offered, our increase 14 would be 6.2 percent. 15 COMMISSIONER LETZ: Commissioner -- go ahead. 16 COMMISSIONER OVERBY: Basically, over the three 17 years, the total moneys -- and I must state that the total 18 money increase for the county over three years would be about 19 $156,000, if the Cailloux gift was a three-year gift, 20 $200,000 annually. Again, this is a three-year proposal; 21 would be through the 2011 through 2014 year. I think the 22 other thing, we are having escalators in here at 3 percent in 23 this proposal, and I think the other thing is -- that's more 24 important in this concept is that the discussion of long-term 25 solutions are open to discussion on all -- and on the other 5-18-11 23 1 parties, which I think is something that we -- is the most 2 critical thing, is once we do get some type of agreement in 3 place, the long-term solution to me is -- Commissioners, is, 4 as y'all agree here as well, is the solution we've got to 5 work on immediately. So, I bring this to the Court for your 6 comments. And, again, looking at what we have here, it's 7 been something that's gone back and forth, and I know it's 8 been close in figures and discussion, Commissioner Letz, and 9 over the last couple of weeks. But I'll open it up for 10 questions. 11 JUDGE TINLEY: Question. The -- what's before us, 12 that is something that was generated down the street, I 13 assume? 14 COMMISSIONER OVERBY: That's correct. 15 JUDGE TINLEY: Okay. The -- the additional 16 services on the library that are over and above the 42.94 17 percent, -- 18 COMMISSIONER OVERBY: Mm-hmm. 19 JUDGE TINLEY: -- that they had provided us with 20 their circulation, that's the first mention I've heard about 21 that. What -- what information did you have about those, 22 quote, other services? 23 COMMISSIONER OVERBY: The -- the other service, we 24 have a -- 42.94 here is what the total checkouts that were in 25 Kerr County in the 2010-11 year. 5-18-11 24 1 JUDGE TINLEY: Mm-hmm. 2 COMMISSIONER OVERBY: The other 2 percent -- and, 3 again, just adding it up, we had some other users of the 4 library, which included -- included, Judge, adjacent 5 counties. That is just how they had it broken out, state of 6 Texas and out-of-state users. Just by looking at it, it came 7 to about 2.7, somewhere in that area, and so we just had an 8 extrapolation of a number there that rounded the 43 percent 9 basically to 45 percent. And so what we did is we took out 10 45 percent of the budget of 680,000 to get 306. 11 COMMISSIONER LETZ: I think, Commissioner -- two 12 things. My first comment is that the -- the dollar amount is 13 essentially the same as our offer was prior to the last 14 offer. I mean, what you've done is shift 100,000 from animal 15 control -- that last offer said we pay 100 percent animal 16 control. This has them paying 100,000 of that, which 17 basically puts 100,000 more to the library. So, I'm not real 18 fond of that, because they run the library; I'd rather them 19 be responsible for the library. We run animal control; I'd 20 rather us be responsible for animal control. I don't mind us 21 funding a flat amount for the library, and we're fortunate to 22 have the Caillouxs' offer. I think it's still on the table 23 for 200,000. I don't want to get into a situation where an 24 entity, us or them, can start manipulating numbers to come 25 out with whatever they want, that we're paying a percentage 5-18-11 25 1 of the library based on some number that they have. That's 2 what got us crosswise on EMS to start with. I think whatever 3 we do, if we're not the entity in charge of the organization, 4 we pay a flat fee. That's what they want to do now on EMS. 5 That's what they want to do on fire, and that's what they 6 should want to do on the library, to be consistent. And that 7 flat amount -- you know, if it's 300,000, and they're paying 8 100,000 of animal control, to me, you know, fine. It doesn't 9 make any sense, but I don't have a problem with doing it that 10 way, but the dollars are the same. So, really, the only 11 difference between this proposal and the one prior to the 12 last one is it's a three-year term, essentially. I mean -- 13 COMMISSIONER OVERBY: Right. 14 COMMISSIONER LETZ: And for that reason, I support 15 the number, which is the -- I think the critical part of the 16 dollars. I have no problem with this offer, but I do have an 17 issue -- I don't want to tie a library number to a percentage 18 of use, because numbers can certainly be manipulated as to 19 how you come up with that. I'd rather just say we're going 20 to pay a flat fee. And they should pay a flat fee for animal 21 control, which is what, basically, their proposal does for 22 that. Because I think if you look at usage, that number is 23 higher than 100,000. But -- you know, and I'm a little -- I 24 have been from the beginning, with all these talks with the 25 City, a little bit confused. One time they want to tie -- 5-18-11 26 1 one time they want to look at the total number. The next 2 time they want to look at individual numbers. So, I'm not 3 sure which way we're going to look at it this time, but I 4 look at the total number. That's the way we have to do it, 5 from my standpoint. The other question I have, can you go 6 over your notes on the bottom? 7 COMMISSIONER OVERBY: Okay, the notes. 8 COMMISSIONER LETZ: Yes. 9 COMMISSIONER OVERBY: Well -- okay. These are some 10 other things that were mentioned as far as in the 11 conversation from -- in visiting with them just a little bit. 12 COMMISSIONER LETZ: "Him" who? 13 COMMISSIONER OVERBY: Well, this would be City -- 14 City Manager. 15 COMMISSIONER LETZ: City Manager, okay. 16 COMMISSIONER OVERBY: Visited with him. I have had 17 some conversation with the Mayor. These are kind of pretty 18 well what's been there. Basically, it's a -- a minimum term 19 of three years, a three-year agreement. Again, costs shown 20 are -- for escalators, we have a 3 percent compound per year. 21 Again, they also make mention that this was no Cailloux 22 funding contingency. 23 COMMISSIONER LETZ: What does that mean? 24 JUDGE TINLEY: That means it's -- basically, if the 25 Cailloux gift did not support the effort, that they still 5-18-11 27 1 want to stay with the same figure, of the 1.681. 2 COMMISSIONER LETZ: I can't do that. 3 COMMISSIONER OVERBY: That's right. That would be 4 -- that would be a back breaker. 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER OVERBY: That would be a back breaker. 7 COMMISSIONER LETZ: I can't -- I fully -- I trust 8 the Caillouxs. I hope the City trusts the Cailloux 9 Foundation. They've said that they're going to do it. 10 Obviously, it does go up to their board's approval. 11 COMMISSIONER OVERBY: I think they know that. 12 COMMISSIONER LETZ: Yeah. 13 COMMISSIONER OVERBY: And, I mean, it's just -- but 14 that -- that was the comment as well. And, again, I think 15 the Cailloux gift, I -- I appreciate them even offering that. 16 That's a -- it's a -- 17 COMMISSIONER LETZ: And even though -- let me make 18 it real clear for the public on that. That amount is a penny 19 on the tax rate, and I am not going to vote a tax increase to 20 fund the library. That's just -- I'm not going to do that. 21 So, you know, I can't have that there. I mean, everything 22 else to me is a -- is a priority service. The emergency 23 services, animal control, fire, EMS are all basically 24 something that I think that are -- takes precedence over the 25 library. I'm grateful for the Caillouxs' offer, but I'm not 5-18-11 28 1 going to raise taxes if they don't give it. Anyway, that's 2 my vote on that. Okay. 3 COMMISSIONER BALDWIN: You know, it seems like -- 4 it seems like the stumbling part of the whole thing is the -- 5 is the library. I guess if we kept swinging at that thing 6 for a while, we'll probably get it right. But when you start 7 using language like visitors from other counties, or even 8 other states, you know, is that -- is that thrown into our 9 contribution? 10 COMMISSIONER OVERBY: In this form, it is. 11 COMMISSIONER BALDWIN: Well, and you stop and think 12 about that. We're ask -- with that, we're asking our local 13 taxpayers to pay for something that they have nothing to do 14 with. You know, it's just -- 15 COMMISSIONER LETZ: People from Michigan. 16 COMMISSIONER BALDWIN: Yeah, they're from Michigan. 17 COMMISSIONER OVERBY: Well, I think another 18 thing -- 19 COMMISSIONER BALDWIN: That's difficult to swallow 20 sometimes for a lot of people, including me. And that -- 21 that's a stumbling block. The thing of massaging numbers, 22 that's an easy thing to do over there. I'm not saying 23 anybody does it, but it is an easy thing to do. And so 24 there's a little stumbling block with this dadgum library, 25 and I don't -- I can't quite see that. I can't see the 5-18-11 29 1 answer to that thing. Obviously, you know, you have bent 2 over backwards, and -- 3 COMMISSIONER OVERBY: Well, I think, again, it's -- 4 Commissioner Baldwin, it's another one of those issues. I'm 5 not disagreeing with you one bit. I think it's another one 6 of those issues that, if we can get an agreement in place, 7 it's one of those things that has to be discussed for the 8 long-term solution. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER OVERBY: And I think it's one of those 11 things that everything that you're saying, I support, but 12 it's something that needs to be negotiated. And I support a 13 library district. I mean, I -- as far as funding those 14 sources, it has -- it has to change, and we have to discuss 15 how we're going to do that. 16 COMMISSIONER LETZ: Commissioner, on the, you know, 17 library, I mean, I've mentioned one-on-one with the City 18 Manager and the Mayor that I'd be willing to work with them 19 any way we could to -- to improve that funding at the 20 library, figure out a more permanent source. They -- but, 21 you know, I don't want to be a partner with the library. I 22 don't mind helping fund it; I think it's a very important 23 function in the community, but we have never had a say in how 24 they've operated it. I haven't come -- heard of any proposal 25 for them to have any say now. I don't know that I really 5-18-11 30 1 want a say. I'd rather just fund a flat amount. And we had 2 agreed three years ago that 200,000 was a flat amount. That 3 was the amount they agreed to. You know, it's kind of like 4 now they're going back on their agreement that they made. 5 So, I think the 200,000 is fine. If they want to play with 6 the numbers and make it 300,000 if they give us 100,000 on 7 animal control, that's fine. I'm not sure I see the point, 8 but that's fine. That's kind of where I am, anyway. But on 9 your notes, the next one's the one that caught my -- well, 10 the next two that caught my interest. 11 COMMISSIONER OVERBY: Let's see. The no quid pro 12 quo approach. 13 JUDGE TINLEY: Quid pro quo. 14 COMMISSIONER OVERBY: No trade-offs. I was going 15 to say -- 16 COMMISSIONER LETZ: Judge, go ahead and summarize 17 that. 18 COMMISSIONER OVERBY: Y'all have had discussions 19 about that before. 20 JUDGE TINLEY: Let me weigh in here, if I might. 21 You know, I used to tell my oldest son -- as a consequence, I 22 didn't have that problem with my youngest son -- that he was 23 not nearly as judicious in the expenditure of my money as he 24 was with his own money. (Laughter.) And I think we can 25 probably all relate to that. And we kept saying all the 5-18-11 31 1 time, as my youngest son calls it, "O.P.M.," other people's 2 money. And he's critical of people who don't very 3 judiciously spend other people's money. You know, that's 4 what we're trying to be up here. So, it occurs to me that if 5 all of the money being spent on a particular function is your 6 own money, you're going to be a little bit more cautious, as 7 opposed to someone else kicking into the pot, albeit flat 8 rate, percentage wise; doesn't make any difference. 9 And I cannot understand the insistence on no 10 trade-offs. I'll give you the best example, and it's sitting 11 right in front of us. Library and animal control. We have 12 absolutely no control over how funds are budgeted, spent, or 13 literally accounted for in the library. Animal control, the 14 City -- we fund that in its entirety now. They don't have a 15 say so on the budget. They don't have a say so on how it's 16 spent. Whatever accountability they want, they could go 17 online and look like everybody else; we've got total 18 transparency. But the point is, if we've got equivalent 19 numbers that we're talking about, an extra 100,000 on the 20 library that they want from us, and we want $100,000 from 21 them on animal control, just draw a line through those and go 22 on down the road. Because we're responsible for what we're 23 doing; they're responsible for what they're doing. So be it. 24 Go forward with a flat $200,000, and -- and be done with it. 25 We've had three or four different budget numbers 5-18-11 32 1 from -- from the City now on the library. And in the 2 interim, of course, we got a major occurrence in that they 3 scaled back from 54 hours to 40 hours, which is a 25 percent 4 reduction. As -- as the Commissioner said, you can crunch 5 these numbers -- I can make these numbers do anything I want 6 them to, and I've told the City this. I don't want to send a 7 whole bunch of bean counters over there and engage in that. 8 So, why don't we just wash those out? I don't understand 9 this "no quid pro quo." Doesn't make sense. This library -- 10 this library, their own figures show that our circulation 11 transactions are 42.94 percent. I have discussed that figure 12 and how it applies to -- I guess it was either the second or 13 the third proposed budget number with the City Manager. They 14 calculated it based on $750,000, at 335. That's not 15 accurate; it's 313 and roughly 500 dollars. I pointed that 16 out to him. 17 Apparently, the dollar number was not adequate, so 18 we have a total of 2.49 percent that's used by "others." 19 Michigan. Switzerland. (Laughter.) Harper. And they say, 20 well, those are the added services, and we want you to pay 21 2.06 of the 2.49. Now, where's the equity in that? If we're 22 a 42.94 percent user, shouldn't they absorb some of this? Of 23 course they should. I'm like Commissioner Letz. I don't -- 24 I don't see a lot of value in us participating in a 25 proportionate part of the expenditures of the library, 'cause 5-18-11 33 1 we have absolutely no say so or control. The City, likewise, 2 should not be interested in letting us do what we want to do 3 with animal control, and agreeing to a, quote, proportionate. 4 Now, they'll agree to $100,000, because based upon the usage 5 figures out there, in the most charitable form I've 6 calculated, they're getting about $140,000 worth of value. 7 That's figuring pure, pure usage. Not availability, not 8 insurance, not maintaining an army, none of this nonsense. 9 So, I want -- I want to shoot them a figure that's 10 fair. I've told the City Manager repeatedly, "Don't be 11 picking and choosing your figures." Let's use the figures 12 evenly, apples to apples, oranges to oranges, and let's do 13 something that's fair. We are offering exactly what they've 14 asked for in terms of on fire and EMS. Those are public 15 safety; our citizens are concerned. And they have rolled 16 up -- frankly, I don't know what all they've rolled up into 17 that, but it's a significant increase. It's over $300,000 in 18 fire, and it's about $160,000 in EMS. Those are significant 19 increases. We're going to do that for our citizens, but the 20 bottom line is the citizens are going to end up paying for 21 that, because we have no other source of revenue to go 22 forward. That includes citizens in the City of Kerrville. 23 And they're not happy about it, because they're complaining, 24 "Gee, well, we pay taxes there too. We're paying our share 25 and we're paying part of yours." 5-18-11 34 1 The solution is an ESD. It applies one tax rate 2 all the way across the board. City doesn't want to talk 3 about that, for some reason, but hopefully the citizens will 4 listen. Unfortunately, the citizens will not have a say so 5 ultimately on whether or not the City is in an ESD, because 6 the Council can opt out for the city, irrespective if they've 7 got a mob in front of City Hall saying, "Don't you dare do 8 it." The citizens have got to be responsive to those that 9 they elect, and to be very, very emphatic about what they 10 want. That's the bottom line. But, frankly, you know, what 11 I've seen here in this proposal is a backwards movement from 12 the last one we got, which also needed to be adjusted because 13 of an erroneous calculation that I pointed out. That was the 14 one -- I think it was 335 -- yeah, mm-hmm. Which is supposed 15 to be 42.94 percent of -- so they come up with these other 16 fees. They ought to share part of those fees. It's 17 chingling. Chingling. And it ain't right. 18 Now, if you want to call me obstinate and holding 19 up the deal, that's fine, but I'm not going to be chingled. 20 And I don't think anybody else on this Court wants to be 21 chingled either. If they want to sit down, be fair, and 22 allocate these costs properly, fairly, and honestly, we got 23 no problem; we'll make a deal today. But -- but don't 24 chingle us. Don't pick and choose your figures. Don't start 25 throwing in these add-ons of other services. That was all it 5-18-11 35 1 took to light my fuse today, a little old 2 percent. But it 2 ain't right. It flat ain't right. 3 COMMISSIONER BALDWIN: Judge, is "chingling" -- is 4 that a Spanish word or what? (Laughter.) 5 COMMISSIONER OVERBY: The definition? 6 JUDGE TINLEY: Everybody out here knows what 7 chingling means. There's not a soul out here doesn't know 8 what chingling means. 9 COMMISSIONER BALDWIN: Okay. But your point is, 10 the emergency services, that is what the taxpaying citizens 11 are really concerned about. 12 JUDGE TINLEY: Mm-hmm. 13 COMMISSIONER BALDWIN: They've asked us -- they've 14 asked for a particular figure, and we've agreed to it. 15 That's -- 16 JUDGE TINLEY: Whether or not we think it's right. 17 COMMISSIONER BALDWIN: Yeah, I know. But we've 18 agreed to it. 19 JUDGE TINLEY: Mm-hmm. 20 COMMISSIONER BALDWIN: So that's -- 21 COMMISSIONER LETZ: We've also agreed to what they 22 want to do with the airport and with the -- at the animal 23 control, which was -- the original request was that we pay 24 for that. So, the only thing that we're not 100 percent 25 agreeing to is what they wanted on the library, where we have 5-18-11 36 1 no say. And we're paying over 50 percent, 60 percent of 2 that -- of their request. And, anyway -- 3 JUDGE TINLEY: And that's where the chingling comes 4 in. (Laughter.) 5 COMMISSIONER LETZ: And they changed the numbers. 6 They moved the numbers -- they -- you know, the first -- they 7 have changed the number on the library, like I say, virtually 8 every time we communicated with them. And I think it should 9 be noted that we give offers to the City. They change; they 10 go back and re -- based on our offer, I guess, and change how 11 they calculate their request, and then give us a new request. 12 But they haven't ever counter-offered to us, never given us 13 anything saying they wanted a five-year term. First time I 14 heard of that. 15 COMMISSIONER OEHLER: It's obvious they have a 16 target number they want us to pay. They're going to chingle 17 it around one way or another to try to get to that number. 18 It's basically $300,000 increase over last year. If you want 19 to get right down to the bottom line, that's what it is. 20 Which is down a little bit, because they were playing with 21 the County's money. They weren't playing with their own 22 money; they're playing with what they propose to get from the 23 County. 24 JUDGE TINLEY: You know, it's amazing that the 25 library budget -- have you noticed, as our contribution has 5-18-11 37 1 decreased -- 2 COMMISSIONER OEHLER: Yeah. 3 JUDGE TINLEY: -- over the last three-year 4 agreement, their budget decreased. 5 COMMISSIONER OEHLER: Mm-hmm. Of course. 6 JUDGE TINLEY: I -- 7 COMMISSIONER LETZ: Several hundred thousand. 8 JUDGE TINLEY: I think that kind of validates what 9 I told my oldest son. They have less of our money. 10 COMMISSIONER OEHLER: We've had that conversation 11 with all of our children. 12 JUDGE TINLEY: Have you got any of them that really 13 paid attention to it? 14 COMMISSIONER OEHLER: Yeah, once you cut off the 15 flow. 16 JUDGE TINLEY: That's how it works. You got -- 17 COMMISSIONER OEHLER: Cut the flow, and you can get 18 a lot more cooperation. 19 COMMISSIONER LETZ: Commissioner, do you -- I mean, 20 I'm in favor of sending the number over to the City today, 21 and then I have some other agenda -- or other actions on this 22 same agenda item I think we need to pursue simultaneously. 23 But, I mean, do you object to shifting the 100,000 from the 24 library back to animal control? I mean, I don't have a real 25 heartburn one way other the other. Based on your 5-18-11 38 1 conversations with the City Manager, I mean, are they going 2 to accept it one way and not the other way? 3 COMMISSIONER OVERBY: Question. Do you -- are you 4 supporting the same kind of figure that we have right here, 5 but you're just mentioning shifting the number back? Is what 6 you're saying? 7 COMMISSIONER LETZ: Well, I think they lose 6,000, 8 the way I look at it. 9 COMMISSIONER OVERBY: That's it? 10 COMMISSIONER LETZ: Yeah. We're at 200,000 at the 11 library. 12 COMMISSIONER OVERBY: Right. 13 COMMISSIONER LETZ: Yeah. Animal control, we pay 14 100 percent. Fire is 500,000. EMS, 400,000. We split the 15 airport. 16 COMMISSIONER OVERBY: And keep it at the -- 17 COMMISSIONER LETZ: Do a three-year term. 18 COMMISSIONER OVERBY: -- 1.681? What are you 19 saying? 20 COMMISSIONER LETZ: I think it's 1.6 -- 21 COMMISSIONER OVERBY: 75? 22 COMMISSIONER LETZ: 75. 23 COMMISSIONER OVERBY: Or split the 2.49 that you 24 mention equally? 25 JUDGE TINLEY: No, my suggestion is $200,000 flat. 5-18-11 39 1 COMMISSIONER LETZ: 'Cause I don't want to get -- 2 JUDGE TINLEY: No escalator. 3 COMMISSIONER LETZ: I don't want to get into it. 4 JUDGE TINLEY: On the animal control, we absorb all 5 of that. No cost to the city. 6 COMMISSIONER OVERBY: Okay. 7 JUDGE TINLEY: The escalator on fire and EMS is 3 8 percent; I got no problem with that. Airport, you split it. 9 COMMISSIONER LETZ: And I think the notes are fine 10 to have in there, but they're not part of any agreement. 11 COMMISSIONER BALDWIN: I think they're right. 12 COMMISSIONER OVERBY: Mm-hmm. So, you're 13 basically -- again, the animal control funded 100 percent 14 from the County, and for the library, what you're saying is 15 offer 200? Or three? 16 COMMISSIONER LETZ: 200. 17 COMMISSIONER OVERBY: 200. 18 COMMISSIONER LETZ: Which is coming from the 19 Cailloux Foundation -- 20 COMMISSIONER OVERBY: And not -- 21 COMMISSIONER LETZ: -- over the next three years. 22 COMMISSIONER OVERBY: Not the 106,000 they had on 23 the percentage, correct? 24 COMMISSIONER LETZ: That 100,000 in is animal 25 control now -- or 106,000 is animal control. 5-18-11 40 1 COMMISSIONER OVERBY: What you're saying is the 2 offer would be 1.581? 3 JUDGE TINLEY: I don't know what the total is. 4 COMMISSIONER OEHLER: Whatever it is. 5 COMMISSIONER OVERBY: I'm just asking. 6 COMMISSIONER LETZ: Probably be 1.681. 7 COMMISSIONER OVERBY: 1.681 on the proposal here? 8 COMMISSIONER LETZ: We're picking up all of animal 9 control. Yours had them picking up animal control, so that's 10 a $6,000 difference. 11 JUDGE TINLEY: Rather than dealing in -- in 12 numbers, talk about each function. 400, EMS. 500, fire. 13 COMMISSIONER OVERBY: Mm-hmm. 14 COMMISSIONER LETZ: 200,000, library. 15 JUDGE TINLEY: With escalators on fire and EMS. 16 Animal control, we pick it up. Library, 200 flat. And we 17 split the airport. 18 COMMISSIONER OVERBY: Okay. So, just swapping out 19 animal control with the library. 20 COMMISSIONER LETZ: Dollars are the same. 21 COMMISSIONER OVERBY: Dollars are the same. Still 22 stays the same. 23 JUDGE TINLEY: It changes who has control of the 24 funds. 25 COMMISSIONER OVERBY: I've learned about what 5-18-11 41 1 chingling is today. New definition. 2 COMMISSIONER BALDWIN: Is that the definition of 3 chingling? 4 COMMISSIONER OVERBY: I understand now. 5 COMMISSIONER BALDWIN: Can we talk about this 6 later? 7 COMMISSIONER LETZ: So, you'll make a motion? 8 COMMISSIONER OVERBY: Wait a minute. Again, one 9 last thing. You're making a motion -- or you want me to 10 make -- 11 COMMISSIONER LETZ: They don't like it when I make 12 it; I think you should make it. 13 COMMISSIONER OVERBY: I'll make a motion, then, on 14 behalf that the County would pay 500 for fire, 400 for EMS; 15 airport, 175. 16 COMMISSIONER LETZ: Which is split. 17 COMMISSIONER OVERBY: Which is split. Animal 18 control, 100 percent, 400,000. 19 COMMISSIONER LETZ: For the county. 20 COMMISSIONER OVERBY: And then the library, we pay 21 200. 22 COMMISSIONER LETZ: Flat. 23 COMMISSIONER OVERBY: Again, the notes there are 24 basically the 100 is just going back and forth. 25 COMMISSIONER LETZ: Right. 5-18-11 42 1 COMMISSIONER OVERBY: And I'm getting a figure -- 2 JUDGE TINLEY: Escalator is -- 3 COMMISSIONER OVERBY: At 3 percent. 4 JUDGE TINLEY: -- on fire and EMS. 5 COMMISSIONER OVERBY: Only? 6 JUDGE TINLEY: Mm-hmm. 7 COMMISSIONER LETZ: I don't think we need a total 8 figure. I think that's it. 9 COMMISSIONER BALDWIN: The bottom line number 10 doesn't change, correct? The bottom line number doesn't 11 change, correct? 12 COMMISSIONER LETZ: 6,000. 13 COMMISSIONER BALDWIN: A little. Some -- 14 COMMISSIONER OVERBY: Yeah. 15 COMMISSIONER BALDWIN: -- pocket change. 16 COMMISSIONER LETZ: But we haven't -- 17 COMMISSIONER BALDWIN: Don't chingle me, okay? 18 COMMISSIONER LETZ: Doesn't change. 19 COMMISSIONER OVERBY: Keep it the same. Let's keep 20 it the same, but those changes, okay, are for three years. 21 COMMISSIONER LETZ: Three years. 22 COMMISSIONER OVERBY: I'll make that motion, with 23 those things involved. Is there any other questions with 24 that? 25 JUDGE TINLEY: I have a motion. Do I hear a 5-18-11 43 1 second? 2 COMMISSIONER LETZ: I'll second. 3 JUDGE TINLEY: Are you sure you want to second 4 that? 5 COMMISSIONER BALDWIN: You ought to let one of us 6 second it. 7 COMMISSIONER OEHLER: You ain't going to get me to 8 do it. 9 COMMISSIONER BALDWIN: I'll second it. 10 JUDGE TINLEY: We have a motion and a second. Now, 11 further discussion? All in favor of the motion, signify by 12 raising your right hand. 13 (Commissioners Baldwin, Overby, and Letz voted in favor of the motion.) 14 JUDGE TINLEY: All opposed, same sign. 15 (Commissioner Oehler voted against the motion.) 16 17 JUDGE TINLEY: You're opposing? 18 COMMISSIONER OEHLER: I'm opposing. 19 JUDGE TINLEY: All right. Commissioner Oehler -- 20 COMMISSIONER OEHLER: We still have the big chingle 21 going on. 22 COMMISSIONER LETZ: Judge, I think there are some 23 other items we need to handle under this agenda item. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER LETZ: One is, this is basically the 5-18-11 44 1 same offer that they rejected -- 2 COMMISSIONER OEHLER: Way back when. 3 COMMISSIONER LETZ: -- two times ago, other than 4 this is now a three-year term, versus what we just said was 5 one-year. I think that we need to proceed immediately on 6 sending out the RFQ on EMS, because I certainly hope the City 7 comes around and accepts this, but I think we can't wait any 8 longer. We need to do an RFQ on EMS services. And I think 9 the other item, I would like to request that the County 10 Attorney look into our constitutional obligation at the jail 11 for housing city prisoners; animal control, of doing work 12 inside the city limits; magistration of city prisoners; 13 environmental health, of doing any work inside the city 14 limits. And I think that if we can't come to an agreement, 15 we're going to have to really back up and limit our efforts 16 to our constitutional authority, and I'm -- I think we need 17 to be aware as to what those requirements are, 'cause it may 18 mean changing some staffing levels on our side because of 19 reduced services in the city limits. 20 COMMISSIONER OEHLER: I totally agree. 21 COMMISSIONER LETZ: I make that into a motion. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: We have a motion and a second. 24 Question or discussion? 25 COMMISSIONER BALDWIN: I think -- I think that the 5-18-11 45 1 County Attorney has taken the RFP and polished and cleaned it 2 up, and it may be ready to go, basically. 3 JUDGE TINLEY: I think just a final review from you 4 and I. We've been working on it with him for some time. One 5 final review, and then turn it loose, is I think where we are 6 on that. 7 MR. HENNEKE: I sent a revised draft to you 8 gentlemen last night for y'all to further review, and with 9 the... 10 JUDGE TINLEY: Okay. 11 MR. HENNEKE: I e-mailed it to y'all. 12 COMMISSIONER BALDWIN: Yeah, I received it. 13 Haven't looked at it, but I've gotten it. 14 COMMISSIONER LETZ: And, I mean, I'll make it 15 clear. You know, I truly hope the City accepts this 16 proposal. It's exactly what they wanted, you know, with the 17 exception of the library. But I think that we can't wait any 18 longer on basically handling -- going the same direction they 19 are and doing a budget -- working on a budget without any 20 cooperative agreements with the City. 21 COMMISSIONER OEHLER: Well, and if it does come to 22 that, you'll see there's a big bunch of money that we have to 23 operate with to help fund whatever comes out of this. 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER OEHLER: Even though it would be 5-18-11 46 1 ridiculous, it would be necessary to do that. 2 COMMISSIONER LETZ: Yeah -- well, yeah. And the 3 reason -- and, I mean, just so the public is aware of this, 4 there's a lot of money -- I don't know what that total number 5 would be if we just dropped back to our constitutional 6 authorities. I'm guessing it's in the 500 to a million 7 dollar range. 8 COMMISSIONER OEHLER: 912,000, by my calculation. 9 (Laughter.) 10 COMMISSIONER LETZ: But if we have to go out -- on 11 relatively short notice, go out for the EMS and fire coverage 12 for the county, it's going to take a bunch of money this 13 year, little bit additional, and I think we're going to have 14 to pull back on everything we can and really go back to our 15 constitutional authority and requirements for pretty much all 16 services, county-wide. I think that would be a -- it's a 17 mistake to go that direction from the taxpayer standpoint. 18 It's going to cost them -- our residents in the city will 19 have to have more tax paid, and possibly residents in the 20 county too. But I think it's a bad decision. But, you know, 21 the City has got to move forward on these agreements with us. 22 JUDGE TINLEY: Any other questions or discussion on 23 the motion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 5-18-11 47 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion carried. That's the last 4 of the agenda items, gentlemen. Any other -- any other 5 matters to come before the Court? Do we have any bills that 6 we need to get resolved today? 7 MS. HARGIS: No. 8 JUDGE TINLEY: Okay. Any reports need to be 9 rendered at this time? 10 (No response.) 11 JUDGE TINLEY: Okay. Our special Commissioners 12 Court meeting will be adjourned. 13 (Commissioners Court adjourned at 9:40 a.m.) 14 - - - - - - - - - - 15 STATE OF TEXAS | 16 COUNTY OF KERR | 17 The above and foregoing is a true and complete 18 transcription of my stenotype notes taken in my capacity as 19 official reporter for the Commissioners Court of Kerr County, 20 Texas, at the time and place heretofore set forth. 21 DATED at Kerrville, Texas, this 20th day of May, 2011. 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 5-18-11