1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, August 29, 2011 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 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X August 29, 2011 2 PAGE 3 1.1 Consider/discuss, take appropriate action to set date, time, and place for public hearing on 4 Kerr County FY 2011-12 budget pursuant to Local Government Code; authorize publication of public 5 hearing 3 6 1.2 Consider/discuss, take appropriate action to rescind Court Order #32241 which approved calling 7 an election to be placed on November 2011 general election ballot on the question of creating a 8 County Assistance District pursuant to Chapter 387, Texas Local Government Code, to perform functions 9 in the district, and to adopt a County Assistance District sales and use tax at the rate of one-half 10 of one percent 6 11 1.3 Consider/discuss, take appropriate action regarding litigation involving LCRA Transmission 12 Services Corporation proposed McCamey D to Kendall to Gillespie 345-kv CREZ transmission Line. 13 (Executive Session) 10 14 --- Adjourned 11 15 16 17 18 19 20 21 22 23 24 25 3 1 On Monday, August 29, 2011, at 11:50 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Okay. We will -- we'll adjourn the 8 workshop at this time, and I will call to order the special 9 Commissioners Court meeting scheduled and posted for today, 10 August 29th, 2011, at 9 a.m. Obviously, we were delayed 11 until the workshop completed. We've got several items. Item 12 1 is to consider, discuss, and take appropriate action to set 13 the date, time, and place for public hearing on the Kerr 14 County Fiscal Year 2011-12 budget pursuant to Local 15 Government Code 111.007, and authorize publication of public 16 hearing pursuant to Local Government Code 111.0775. The 17 statute talks about after the 15th day on the month following 18 the month in which the budget's presented, which, of course, 19 is going to be August, which runs us to September 15th. We 20 got two different dates that we've already got plugged in for 21 our calendar. The first public hearing on the tax rate will 22 be the 16th. The second will be the 21st, the way we've 23 currently got it programmed. Either one of those dates, of 24 course, will be eligible, or we could run it way on up to, 25 what, the 26th, I guess, at a regular meeting. But what's 8-29-11 4 1 the Court's -- what's the Court's pleasure on that? 2 COMMISSIONER OEHLER: So, what happened to the -- 3 didn't we have something scheduled for the 7th? Or the -- 4 JUDGE TINLEY: Yeah, but that's too soon. 5 COMMISSIONER OEHLER: This is the earliest it can 6 be -- 7 JUDGE TINLEY: Yeah, after the 15th of the month 8 next following. 9 COMMISSIONER OEHLER: We're talking about a public 10 hearing for the 16th or the 21st. 11 COMMISSIONER LETZ: I'd do it for the budget on the 12 16th. 13 JUDGE TINLEY: Okay. 14 COMMISSIONER LETZ: Makes sense to me. 15 COMMISSIONER OEHLER: I'll go for that. 16 JUDGE TINLEY: Okay, 9/16. At what time? 17 COMMISSIONER LETZ: What time's the tax rate 18 hearing? 19 JUDGE TINLEY: We haven't set that yet. 20 COMMISSIONER LETZ: Oh. I did the hard part. 21 Y'all do the rest. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: Somewhere between 9:00 and 24 5:00? 25 JUDGE TINLEY: Now you're working hard on it. 8-29-11 5 1 COMMISSIONER BALDWIN: Yeah. 2 JUDGE TINLEY: How about we just set it for 9:30? 3 COMMISSIONER OVERBY: Yeah. 4 JUDGE TINLEY: And that will be here in the 5 Commissioners Courtroom, for the purposes of publication of 6 notice. Everybody good with that? 7 COMMISSIONER OVERBY: Yep. 8 JUDGE TINLEY: Do I hear a motion to that effect? 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded. Further 12 question or discussion? All in favor, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. 18 COMMISSIONER LETZ: Wait. On that -- 19 clarification. On the public hearing on the 21st, is that at 20 9:30 also? Or is that a different -- are we just doing the 21 budget at 9:30? 22 JUDGE TINLEY: The budget is just at 9:30. 23 COMMISSIONER LETZ: Do we need to set the time for 24 the other two -- 25 JUDGE TINLEY: No. Actually, I think -- 8-29-11 6 1 COMMISSIONER LETZ: She's nodding. 2 JUDGE TINLEY: -- I think we're going to do that at 3 our meeting on the 7th. 4 COMMISSIONER LETZ: Why don't we do it now, if we 5 can? Can we? 6 JUDGE TINLEY: No, we can't do it. This is for the 7 budget only. 8 COMMISSIONER LETZ: Okay. 9 COMMISSIONER OEHLER: So, this is a public hearing 10 strictly for the budget. 11 COMMISSIONER OVERBY: Right. 12 JUDGE TINLEY: Mm-hmm. 13 COMMISSIONER OEHLER: On the 16th. 14 JUDGE TINLEY: Mm-hmm, yeah. We will -- there will 15 be another agenda item set for the 16th which will set the 16 public hearing on the tax rate. 17 COMMISSIONER OEHLER: Okay. 18 JUDGE TINLEY: We'll just -- we got it parceled up 19 into pieces here. 20 COMMISSIONER OEHLER: Just follow the law, I guess. 21 JUDGE TINLEY: Okay. Yeah, that's what we're 22 trying to do. Is that it as to that item? Let's go to Item 23 2; consider, discuss, take appropriate action to rescind 24 Court Order Number 32241 which approved calling an election 25 to be placed on the November 2011 general election ballot on 8-29-11 7 1 the question of creating a County Assistance District 2 pursuant to Chapter 387, Texas Local Government Code, to 3 perform the functions in the district as provided by Texas 4 Local Government Code 387.003(a) and to adopt a County 5 Assistance District sales and use tax at the rate of one-half 6 of one percent. I put this on the agenda to give us the 7 opportunity, if we wish to take advantage of it, to defer 8 consideration of that extra one-half cent sales tax. It is 9 presently, by court order, going to be on the November '11 10 ballot. If -- if that's where we want to leave it, we take 11 no action. If that's not where we want to leave it, why, 12 here's your opportunity. 13 COMMISSIONER LETZ: I think we defer it, 14 personally. I think that unless there's going to be some 15 kind of an effort to get it to pass, -- 16 COMMISSIONER OVERBY: Mm-hmm. 17 COMMISSIONER LETZ: -- it's going to fail. And I 18 don't see any reason to put anything on the ballot just to 19 have the voters -- I mean, I think it's going to take some 20 education as to why we -- you know, the purpose of it. 21 COMMISSIONER OVERBY: I would agree with you on 22 that. Same thing with the venue tax. I think there's got to 23 be some educational components of that in the community, that 24 we've got to get out -- I think Rob did a ton -- a lot of 25 work on this, and I think it's information that we need to 8-29-11 8 1 come back again and educate our community on why we need to 2 look at this as a potential look to for voters to decide on. 3 So, I understand where you're at on that. 4 COMMISSIONER LETZ: I'll make a motion to rescind 5 Court Order 32241. 6 COMMISSIONER OVERBY: I'll second that. 7 JUDGE TINLEY: Motion made and seconded to rescind 8 Commissioners Court Order Number 32241 which actually called 9 the election, scheduled for the November 2011 general 10 election the issue of the County Assistance District sales 11 and use tax. Question or discussion on that motion? All in 12 favor, signify by raising your right hand. 13 (Commissioners Overby and Letz voted in favor of the motion.) 14 JUDGE TINLEY: All opposed? 15 (Commissioners Baldwin and Oehler voted against the 16 motion.) 17 COMMISSIONER BALDWIN: I'm going to oppose, because 18 you're running up with the ESD. 19 JUDGE TINLEY: Motion does carry. 20 COMMISSIONER LETZ: That's two to two. He voted 21 against it. 22 COMMISSIONER OEHLER: I voted against it. 23 JUDGE TINLEY: Oh, I'm sorry. 24 COMMISSIONER LETZ: He said no too, so it's up to 25 you, Judge. Do you want to leave it on? 8-29-11 9 1 JUDGE TINLEY: No, I want to take it off, so I vote 2 in favor of the motion. Motion does carry. I apologize, 3 Commissioner. 4 COMMISSIONER OEHLER: That's okay. 5 JUDGE TINLEY: I was not paying as good 6 attention -- 7 COMMISSIONER OEHLER: I didn't say anything to give 8 you any clue. 9 JUDGE TINLEY: Let's go to Item 3. That's an 10 executive session item, so I don't think there's anything 11 else -- well, our Treasurer -- I mean our Tax Assessor is -- 12 MS. BOLIN: We didn't set the date for the meeting 13 to discuss the tax rate, to take the record vote so that I 14 can post the public hearings in the paper. And I have 15 September the 8th, which you were saying September 7th? 16 JUDGE TINLEY: 7th, yeah. We're going to post an 17 agenda for that purpose. 18 MS. BOLIN: Okay. 19 JUDGE TINLEY: Do you have to post -- do you have 20 to publish that also? 21 MS. BOLIN: No. 22 JUDGE TINLEY: I didn't think so. We'll just do 23 that by agenda. 24 MS. BOLIN: Okay. 25 JUDGE TINLEY: And we're prepared to do that. 8-29-11 10 1 MS. BOLIN: Okay. 2 JUDGE TINLEY: Okay? 3 MS. BOLIN: Okay. 4 JUDGE TINLEY: Now, all the public hearings that we 5 set when we consider that matter and set those public 6 hearings, then you'll have to give that public notice. 7 MS. BOLIN: Right. 8 JUDGE TINLEY: Okay. Anything else other than the 9 executive session item? At this time, we will go out of open 10 or public session at 11:56 for the purpose of going into 11 executive or closed session. 12 (The open session was closed at 11:56 a.m., and an executive session was held, the transcript of which 13 is contained in a separate document.) 14 - - - - - - - - - - 15 JUDGE TINLEY: Okay, we're back into open or public 16 session. It's 12:10. Any member of the Court have anything 17 to offer in connection with matters discussed in executive 18 session? Hearing none, anything further to come before the 19 Court on this agenda that's before us now? 20 COMMISSIONER LETZ: Just -- this is the last time 21 I'll see you gentlemen in a meeting this week. We've been 22 meeting so much, I'll miss y'all. 23 COMMISSIONER BALDWIN: Oh my god. 24 COMMISSIONER OEHLER: I'm going to be in New Mexico 25 the rest of the week. 8-29-11 11 1 JUDGE TINLEY: We'll be adjourned. 2 (Commissioners Court adjourned at 12:11 p.m.) 3 - - - - - - - - - - 4 5 6 STATE OF TEXAS | 7 COUNTY OF KERR | 8 The above and foregoing is a true and complete 9 transcription of my stenotype notes taken in my capacity as 10 official reporter for the Commissioners Court of Kerr County, 11 Texas, at the time and place heretofore set forth. 12 DATED at Kerrville, Texas, this 29th day of August, 13 2011. 14 15 JANNETT PIEPER, Kerr County Clerk 16 BY: _________________________________ Kathy Banik, Deputy County Clerk 17 Certified Shorthand Reporter 18 19 20 21 22 23 24 25 8-29-11