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KERR COUNTY COMMISSIONERS COURT
Special Session
Thursday, February 6, 2003
11:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
DAVE NICHOLSON, Commissioner Pct. 4
ABSENT: JONATHAN LETZ, Commissioner Pct. 3
S
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I N D E X
February 6, 2003
1.1 Consider and discuss approval to pay the ~ 7y ~'S'
election judges, alternates, and clerks ~
for their services performed during the
early voting and election day process, to
be taken out of line item 10-402-569
1.2 Conduct the Canvass of the Youth Exhibit ~ ~G~~~
Center Bond Election as per Chapter 67 of
the Texas Election Code
--- Adjourned
PAGE
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On Thursday, February 6, 2003, at 11:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: It's 11 o'clock on Thursday,
February the 6th, 2003. I'll call to order this special
Commissioners Court meeting. The first item on the
agenda -- I assume we don't want to get into some of the
other usual matters that we regularly have with our regular
meeting, do we? First item on the agenda is to consider and
discuss approval to pay the election judges, alternates, and
clerks for their services performed during the early voting
and the election day process, those payments to be made out
of Line Item 10-402-569. Ms. Pieper?
MS. PIEPER: Gentlemen, rather than waiting
until, like, the next regular day to pay -- that the Auditor
sends out payment, I would like to get our election
personnel paid. They seem to appreciate performing their
services better if they're paid in a timely manner.
COMMISSIONER WILLIAMS: We appreciate them,
so we should do that.
MS. PIEPER: Yes. So I don't mind asking for
them to be paid a little bit early.
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MS. SOVIL: Do you want hand checks?
MS. PIEPER: Yes, and I would request hand
checks, if possible. I mean, if that's what it takes.
COMMISSIONER WILLIAMS: You're requesting
what?
JUDGE TINLEY: Hand checks.
MS. PIEPER: Hand checks.
COMMISSIONER WILLIAMS: Oh, sure. We're just
doing a blanket motion? Or are we -- do you have a specific
list, or what do we do?
MS. PIEPER: I have already turned the list
of election workers in to the Auditor's office.
COMMISSIONER WILLIAMS: Judge, I move that
the election judges, alternates, and clerks be compensated
for the services performed in the election day process and
early voting that took place in Kerr County on the bond
election, and that the hand checks be authorized.
JUDGE TINLEY: In accordance with the list
previously submitted to the --
COMMISSIONER WILLIAMS: That's exactly what I
said.
JUDGE TINLEY: I thought that's what you
said.
COMMISSIONER BALDWIN: I'll second that
motion, but I have a question.
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MS. PIEPER: Yes, sir?
JUDGE TINLEY: Motion's made and seconded.
Mr. Baldwin?
COMMISSIONER BALDWIN: Yeah. I'm assuming
that there's money there. I mean, that's just an
assumption.
MS. PIEPER: Yes, sir, that was money that
was budgeted for --
COMMISSIONER BALDWIN: And there's plenty
there? How much is it? I mean --
MS. PIEPER: It's going to total about
$6,000-something.
COMMISSIONER BALDWIN: About $6,000.
MS. PIEPER: I think the complete election
costs the County about $13,000.
COMMISSIONER BALDWIN: Well, my question here
is, I mean, seems to me that if I'm going to represent the
taxpayers and vote on an issue -- I mean, I'm not throwing
up a roadblock here; I'm just thinking that we need at least
a specific number of how -- I mean, we're just approving
something --
MS. PIEPER: No, sir. When I presented my
budget for approval from the Commissioners Court --
COMMISSIONER BALDWIN: Mm-hmm.
MS. PIEPER: -- we had allotted $20,000 for a
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complete election, and then in that we had approved the
judges and alternate clerks, so those were set by the Court
as well.
COMMISSIONER BALDWIN: So, there's 20 grand
in the budget for the election?
MS. PIEPER: For the bond election.
COMMISSIONER BALDWIN: And you think it's
MS. PIEPER: Yes. I totaled it up, and I
don't remember the exact figure, but it was like $6,000.
COMMISSIONER WILLIAMS: For just the
personnel part?
MS. PIEPER: For just the personnel part.
COMMISSIONER WILLIAMS: The other piece, you
said, was going to bring it up to about 13?
MS. PIEPER: Yeah, total of $13,000.
COMMISSIONER WILLIAMS: Which is seven under
what we budgeted.
MS. PIEPER: Yes.
COMMISSIONER BALDWIN: Okay. Well, my second
still stands, and I seconded on the recommendation of the
County Clerk.
JUDGE TINLEY: Okay. Motion's been made and
seconded by Commissioners Williams and Baldwin,
respectively, that we approve payment to the election
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judges, alternates, and clerks for the services during early
voting and on election day, services performed on the bond
election, and that they be issued hand checks in accordance
with the specific list, as previously provided by the County
Clerk to the County Auditor. Is there any further
discussion? I'm looking at, under -- under 402-569,
Election Expense, a total amount of $20,750 was approved in
the budget for that -- for that particular category, if that
makes a difference. Is there any further discussion? Being
none, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. Thanks,
Ms. Pieper.
MS. PIEPER: You're welcome.
JUDGE TINLEY: Next item of business is to
conduct the canvass of the Youth Exhibit Center bond
election in accordance with Chapter 67 of the Texas Election
Code. I have been provided with the returns and tally list
of the bond election held on the 1st day of February of this
year, and in all the election precincts.
MS. PIEPER: Judge, in providing you with
that tally, on election night, when I kept my -- my totals
going on my computer, I provided you with several copies of
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that, I believe. And, that way, there is a breakdown of
what is in with the tally and on the book, just for an
easier canvass for you. And then, that way, you can just
call out the "for" totals and "against."
JUDGE TINLEY: All right. The -- the numbers
that -- that I have been provided by the Clerk are broken
out into early vote and election, but in the actual return
book for the election, we have totals of -- of both the
early and the election day's totals combined. And, for the
record, Precinct 1, voting for the proposition to issue the
bonds is 210. Voting against in Precinct 1 was 270. In
Precinct 2, voting for the proposition were 208. Voting
against are 133. These are the election day totals that I'm
giving you. In Precinct 3, voting for the proposition, 98.
Against, 116. In Precinct 4, voting for, 207. Against,
188. And then the combined early totals voting, for the
proposition, 577, and against, 669. The combined aggregate
total voting for the proposition, 1,300. Voting against the
proposition, 1,376. Do I hear a motion that the canvass be
approved and the results certified as official?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: It's been moved and seconded
by Commissioners Baldwin and Nicholson, respectively, that
the totals be approved and certified as the official results
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of the election. Is there any discussion on this matter?
There being none, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Court approves the same also.
COMMISSIONER WILLIAMS: That was easy.
MS. PIEPER: Gentlemen, while I have your
attention, can I just make a comment? Commissioners Baldwin
and Williams, I have spoke to y'all before about our
election systems, but I don't know if you were aware, we
fall under the grandfather clause now, meaning that our
election system is not A.D.A. compliant, and I didn't know
how long we were going to be able to fall under that.
However, I have a memorandum from the Secretary of the State
that now says as of November of 2006, each polling place in
this state must have at least one accessible voting system
per polling place.
COMMISSIONER WILLIAMS: One what?
MS. PIEPER: One accessible voting system per
polling place.
COMMISSIONER WILLIAMS: What does that mean?
MS. PIEPER: That means that a blind person
or a handicapped person that comes into the polling place on
election day has to have a voting system that meets their
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COMMISSIONER WILLIAMS: Electronic or --
MS. PIEPER: I'm not real sure. I have to --
as soon as more specifications come out from the Secretary
of the State, I'm going to start working on getting whatever
kind of knowledge I can on the different systems to find out
what would meet the needs of Kerr County.
COMMISSIONER BALDWIN: In the past, didn't
it -- didn't it -- I don't know if we can have this
discussion, actually. That's nice. (Laughter.)
MS. PIEPER: Thank you.
JUDGE TINLEY: When Mrs. Pieper brought that
to my attention, my first question to her was, I guess we'd
best contact the Secretary of State's office and find out
what the particular criteria and guidelines are that we've
got to have available at each -- at each polling place, and
my observation then was that I -- the problem is, what they
have in place now is probably not going to be the same as
what they have in place in 2006. And her response to me was
that, well, they don't have those criteria worked up yet.
MS. PIEPER: But you can bet whatever it's
going to be, it's going to be expensive. We've got 20
polling locations.
COMMISSIONER WILLIAMS: Hurry up and wait.
COMMISSIONER NICHOLSON: Do you think that,
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besides the typical physical access accommodations, like
ramps and things like that, it also has something to do with
the method of voting?
MS. PIEPER: Right. We are all compliant as
far as our locations, but there is, like, a ballot that a
blind person could vote on or, you know, somebody that may
have an impairment with their arms or something.
COMMISSIONER WILLIAMS: Just as a matter of
curiosity, isn't a blind person allowed to have someone with
them to mark the ballot?
MS. PIEPER: Yes. But with all the stuff
that's coming down with the different groups, they don't
feel that that is voter security. Because, even though the
blind person would tell -- tell their assistant they would
like to vote for Joe Blow, that assistant could mark Sally
Sue instead.
COMMISSIONER WILLIAMS: In which case, the
blind person should get a new assistant.
MS. PIEPER: If they even find out about it.
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: The only suggestion I'd make
is that, at such time as you get these criteria, after they
get them developed, well, bring them to our attention.
We'll see where we go from there. I don't see there's
anything else that we can do.
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COMMISSIONER BALDWIN: No. What I'm afraid
of, it's going to be one of those things where the State
says, okay, here's the problem and y'all figure it out and
pay for it. Tell us what's going to happen.
MS. PIEPER: I'm sure that's probably what's
going to happen. That's what normally happens.
COMMISSIONER WILLIAMS: State mandates,
County pays.
COMMISSIONER BALDWIN: Which there's going to
be a lot of that coming soon, I'm sure.
MS. PIEPER: They're doing grants for the
punch cards and the lever machines, but we don't fall under
either one of those criteria, so --
COMMISSIONER BALDWIN: Punch card?
MS. PIEPER: Florida.
COMMISSIONER BALDWIN: Swinging chads or
whatever?
MS. PIEPER: Oh, yes.
COMMISSIONER BALDWIN: No, I'm not going to
vote in favor of anything like that.
MS. PIEPER: We don't qualify for grants.
COMMISSIONER WILLIAMS: Hanging chads.
JUDGE TINLEY: Okay. Any further business?
Hearing none, we'll stand adjourned.
(Commissioners Court adjourned at 11:14 a.m.)
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STATE OF TEXAS I
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 6th day of February,
2003.
Certified Shorthand Reporter
JANNETT PIEPER, Kerr County Clerk
BY: __ ____` _ ____________
Kat-~~ik, De ut Count Clerk
Y p Y Y
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ur~~i~:r~ r~ou ~ t :~: ~~
A~7r-~~r~o~~r~L ~r o ~~~~~~ ELLEN ~r lr.:]r•~ ..TUi:)t~L~a, ~~i__r~r~r~r~~-~-r_o
r~r~z:i i~LEI~F;l Ford LoNr r~1._EC1"TOM
"~ un tha.s tt~e ~,tt-~ day oi= Febr~_~ary, .=+t~+G~,~, ~_ipnn motion mace try
Commissianer~ Williams, secar~ded hey Com+nissioner~ L~aldwin, tt~e
Ca~_~r~t unanimously approved by a vote of 3-~--~, payment to
tt-~e election .j~_tclges, altE~~r~nates, ar~d cler~ks far~ the ser~vices
d~_~r~ing ear~ly voting acid on election day, services per~fnr~med on
the band eiectior7, and that they be iss+.ied har7d check in
aC'C4'r~dance with tl'~t3 specific list, as previia~_isly pr-~avided by
the Co~_~nty Clerk to the Ca~.~nty ~1~_iditar from Line Ttem hioe

uf~DN f2 r~-a. ~~~~ ~~~c~
FiF~'F'f2LiVFiL. Uf= "f~HE C~~tPdVF~a~~O Uf= "I"f-!E
YOUTW ~.XH I L~ I l' L~i~TEI~ E~Ot~lD LLECT I OBI
--~ On this the ~:t~i-i duty of f=ebr~_i~rr~y, ~:~~::; ~_ipon motion made by
L:ammissianer L~ald~ain, secsanded by Commissioner i'Jichalsan, the
Co~_ar~t ~_tnanimoa.isly appr~aved by a vote of 3-X71-Q~, the tat~ls ;::and
cer~tificd as tl-ie af'ficial resa.ilts of the ~1'a~_~th Exhibit Center-
Lund Election held an f`ebr~~_i~ry 1, ~~~~.