ORDER N0.28379 APPROVAL OF APPOINTMENTS TO LIBRARY ADVISORY BOARD On this the 27th day of October, 2003 upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the appointments to the Library Advisory Board of Mary Kay Mosty Hayes till 10/1/2006 and of Albert E. Shults till 10/1/2005. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: October 27, 2003 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss and take appropriate action on the following: ~(,-~- ~~,~ 6z,..,.1. Manner in which County appointments to Library Advisory Board are being handled by City of Kerrville; 2. Appointments: Mary Kay Mosty Hayes, 10/1/06 and Albert E. Shults, --~ 1 1 10/1/O5. EXECUTIVE SESSION REQUESTED NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 10 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Memorandum October 21, 2003 To: County Judge and Commissioners From: WHW Subject: Appointments to Joint City/County Boards Prior to our budget process, I reviewed the agreement between the City and the County regarding the Butt-Holdsworth Library, and noted, among other things, that the process of selecting candidates for positions on the Library Advisory Board was being handled and dominated by city staffto the exclusion of Kerr County Commissioners Court. This process, I believed, needed to be amended so that we have input into who is appointed as a county representative, and not merely asked to "rubber stamp" persons approved by City Council with no prior information or input. To the best of my knowledge, the inter-local agreement between county and city has not been reworked to address this matter or the manner in which budgets are prepared. So, it's happened again! On October 15, the administrative assistant faxed to me applications for Library Advisory Board positions with a covering note that advises "City Council approved the appointments listed below..." I personally have no problem with the appointment of Mary Kay Mosty Hayes to replace Gerald Witt. Mrs. Hayes is an educator, and Kerr County native whose family has deep ties to Center Point. She is the wife of James Hayes, former president of the Headwaters Groundwater Conservation District. I do not know Mr. Albert Edward Shults, therefore have no recommendation as to his possible appointment. Mr. Lipscomb is listed to be a city appointment. 10/15/2003 14:57 8307923850 CITY OF KERR'~ILLE PAGE 01 Adminlsiuation City of KotYville, Tsxrla 800 Junction Highway Kemiiue, 7ex8978028~5D69 830.792.8306 (O) 830.792.3850 (F) patr(g3kemritle.org Fc1X To: Cotmrrisaionsr Wiiliams From: Patriciz3 Rslnhart, F.~cect:mive Assistant to the City Manager Pear 792-2218 Psis: 4, including cover page Phorwee Dsito: 10/15/2003 ~ Attached Library Board Applications CC: Thee and Antonio Martinpx ^ tlrpent ^ Far Rartfisrw ^ P1ats~ Canms.nt O PleaaA RBI ^ Pisase Reeyde Commissioner Williams. The City Cotutcil approved the appointrzzents listed below to the Library Board: Albtzt F;dward Shutls to replace l/lizabeth Hughes - Terre to expire October ~, 2U05 -County Mazy ~.. lbaosty Hayes to replace Gerald Witt - ~'errn to expire October 1, 2006 -County John David Lipscomb to replace Margaz~et Brown - Ternn to expire October 1, 2006 -City Would you please have an item on the next Kerr County Conutzissioners Agenda m appoint the above individuals to the Library Board? Please let me know when tbe individuals have bt-en approved and 1 will contact each of them. Thank you, The itfamtation twntained in thei ftuc mey be piNibglid, tonfiderttial and protected from di6closure. Unless you ere th6 addroesee i4r authorired to reaivo faxes for ttw addressee), you may net use, copy ar disclose to anyone tl1i5 fax or eny infotrnation contained in this fax. if you think you hate rea,++ed this Fax in error, please adri9e the bender at the telephone number in the header and tla®tnsy the tqx. 7T+ar+k you. R~CEIVEa ,~;1~. i ~ ~pD3 City of Kerrville Application for Conskieratit~rt of Appointment Name of Board/Commission/Commiftee; L%~rary Ar~vC4ary BooL+roL Name: Lip~rd~wtb~- ,jahw 'Dcw%c~ (x prfr David) {list) {First) (M!ddle) dome Address: 909 La~c.P~flriuPi 830 895 423 (Home Phone No.) Meiling Address: yarnRiayabcyver Employer: (Name/AddreSS) dCCUp8tI0n: ~Mgi~YU~' Are you a qualified voter in the city of Kerrville? Dv you live inside the city limits of Kerrville? (Business Phone /Fax) rS1 Yes No ® Yes ____No Haw Lang? 29 wcan~ So the council may know more about you, please complete the Following: Education: 'BS.Tf ~rv»vdk~+,o~-za.StuterttwGverrs~ty, X965 Volunteer Experience/Community Service: Vatun~~er ~t"D~"tSe"w+.c*,^ Cen#kr an.cZ pv+wi,d~ ime~-uc~cxo'w r~~~ carrrt~ut~r eZa.e~tr{~r ~LU.eotu~~y wF..r+ed.. Areas of Interests : ~'or ntia~y yea.+'Y ~ iuwe~ u~e~r ~i»-a~'E,e~ Cwv var+,ou~ cLtte~~ a~~ ev foY redd.~~ for pieae~u.•ec ~,v a~Gdtttc7rk I spent' 3S yearrGwcn.,.~w•na~' a~.iecxy o~a~ co~n~wtrn9' wh%c~+. wuy+ be- °~ some. un' pta.rLn,~ng• t~ tibrw,ry's~ futures Please specify membership on any other governmental board/commission/committee: Recw~t9y va~C~w~tee+rea~to-t#~~fead~wa#k+-yG-'aux~d~uc+.~r Cry+~erva~~o~v~Df~trict~bcet'at t3~rta~tG~r~ei-c~~+n~'s~.+~--ea~o'wa,ny boa~v~aL. Please provide a brief narrative outlining your reasons for seeking appointment to a board/ comm fission. I a~rwi~+~e~ad~ Gv%rt+~ i3t~ City o f Ker'~vLUei ixnrprbve~ k~. f~ri' i~ r~e~:d~ntk ~ ~thPierwergy a.r~dr r~e~v thatX a*w r~e.cLI ha~-~ei'L~i+it~WbPi~ pmt w I ~ ,~,~--' t ~~ ~U-.~~ c~ CMG Signature Date *Some boards/cammisslons/committees require members to reside within the city limits. Please return completed forrr~ to city manager's gf(ice for processing, 80Q 3unctlon Highway; 257-8000. Your application ~viil be kept on file fvr 12 months. NOTE: When fried at cifiy hail, this will become a public docltment that may be disclosed per the Texas Open Meetings Act. NOTE: The city council will receive only this page of infarmat+on, no attachments will be forwarded. February 28, 2003 ~ CIT'~ OF KERR'~IILLE PAGE 0" 10I~-512003 14:57 ~3a79~~8~0 City of Kerrville R~CFIVED&EP ~ i ~ Application for Consideration of Appointment Name of BaardlCommissiorUCommiltee: ~ ~ i~'~i~if' Name: _ .1 _~~i~ 1 T~' /~ 1 ~'~~i'~"" ~ ~~~ Moms Address: Mailing Address: Employer: Orcupatio~ Are you a qualified voter in the city of Kerrville? ,.,_,_,,. Yes _ f„~.No So the council may know more about you, please Education: ~ ~ L~..~ .,~, .!J ~ /,~ ~ ~' Volunteer (Nome Pho#~e No.) (Busineob Phone 1Fex) •t,.., i..14,uriney~ Please specify membership on any other governments{ boardtcomrnission/committee: e #Sorne boardslcaommissianalcommittees require members to reside within the city limits. Please return completed form to city manager's office for processing, 800 Junction Mighway; 257-8000. Your applicat'~orti will be kept on file for 12 months, NOTE: When fiEed at city haN, this will become a public document that may be disclosed per the Texas Open Meetings Act. NOTE: The city council wilt receive only this page of information, no attachments will be forwarded. February ?l3, 20b3 Areas of {nterests: Please provide a brief narrative outlining your reasons for seeking appointment #o a board! Do you live inside the city Limits of Kerrville? " Yes _,,,o How Lang? 1i~i:5,%2E~~3 1.a:5- c~E>>9~3r~43 Name of Board Name: Home Address: Mailing Employer: _ Occupation: (Last) (First ~ d ~` reet} / Q Q~ ;.G ~ ~' 1J Phone tVo.} s Phone 1Fax} Are you a qualified voter in the city of Kerrville? Yes ~No Do you -ive inside the city limits of Kerrville? * Yes ~No How Long? So the council may know m re about yo Education: d.~.....,._~ Volunteer f=xperiencelCommunity Service: se complete the following: Areas of interests: /!'yam d...~~, ~4.e~ ..i?~.Q.t ~~c ll C~-r-~.~-~i ~~~ Please specify membership on any other governmental board/commission/committee: '`Some boards/commissions/committees require members to reside within the city limits. Please return completed form to city manager's office far processing, 800 Junction Highway; 257-8U00. Your application wiA be kept on file for 12 months. NOTE: When filed at city hall, this will become a public document that may be disclosed per the Texas Open Meetings Act. NOTE: The city council will reneive only this page of information, na attachments will be forwarded. CITY OF k:EF'~"dILLE PAGE ~~ RECEIVED AUG ~ ~ 2a~3 City of Kerrville Application for Consider~atyio~n of Appointment !Commission/Committee: c'~z-~'"~ ~J ttc ~ February 28, 2003 Please provide a brief narrative outlining your reasons for seeking appointment to a board! Memorandum March 28, 2003 To: County Judge Pat Tinley From: Bill Williams, Pct. 2 Subject: Library Contract Judge: I have reviewed the current contract between the City and County for operation, management and funding of the Butt-Holdsworth Memorial Library, and submit the following comments: 1. Paragraph 3. Selection of a librarian in the past has been a restricted, somewhat secretive process. I think language in the agreement that would permit a member of Commissioners Court to participate in the interview process of finalists for the position would be appropriate. This just happened in the selection process for a new airport manager. I represented the County and the Advisory Board, and believe this type of participation is valuable. 2. Paragraph 4. There has been significant confusion in past years over who represents whom, and vvho approves these representatives. In the past, when we learned of open board positions, we forwarded names to City Council. No one to my knowledge has ever been rejected, however, I believe the County should first select its representatives, approve same in open court, and forward over the names to the city for its information and future administration of terms, etc. Also, the language should guarantee not fewer than four (4) county representatives at all times. 3. Paragraphs 5 and 6. The sense or spirit of these paragraphs has not been followed to my knowledge over the past four years. What happens is that the Librarian works out his budget recommendations with the Assistant City Manager, and the bounty, for the most part is kept in the dark until the very last minute in our own budget development scheme. Therefore, these two paragraphs need some work to get them into the realities of County budget preparations. ~-- 4. Paragraph 8. I have no knowledge that this occurs. The County Auditor could shed some light on this. If, as I suspect, it does not happen, the intent of this section needs to be addressed. Therefore, I believe it appropriate for you to notify the City in a timely fashion, of our desire to enter into negotiations for a new agreement. I 1 1 LIBRARY CONTRACT THIS AGREEMENT by and between the City of Kerrville, Texas ("City") and County of Kerr, State of Texas ("County"). WHEREAS, City owns and administers the Butt-Holdsworth Memorial Library ("the Library"); WHEREAS, when the Library was built by the Butt family it was the intention of the Butt family, the City and the County that the City and County contribute on an ongoing basis equally to the Library as far as possible so as to be able to provide services to both the City and the County residents; NOW THEREFORE-, for and in consideration of the premises and the mutual benefits, covenants, promises and agreements hereinaf- ~-- ter set forth, City and County agree: 1. City assumes the function of a County free library system in accordance with V.T.C.A., Local Government Code, §323.011. 2. Ownership, control and management of the Library and its resources and equipment shall be vested in and remain the sole responsibility of the City. 3. The Librarian of the Library shall hold or secure a county librarian's certificate from the Texas State Library and Archives Commission. ~~ 4. Membership on the Library Advisory Board shall~be in accordance with Article 2, Chapter V of the Kerrville Code of Ordinances. Whenever possible, there shall be a minimum of four ~--~ members who reside outside of Kerrville in Kerr County. Other factors to be considered in choosing Board members are ethnic ,.-. groups, handicapped, special talents, economic sectors and special interest groups. The goal is a Board which generally represents the entire community. 5. On or before April 15 of each year, beginning April 15, 1991, the Library Director and representative of the County Commissioner's Court-,- who shall be designated by the Court before I that date, shall meet to review the financial statement of the Library and identify budgetary needs and discuss a proposed Library budget for the following fiscal year. 6. A proposed budget for the next fiscal year shall be presented to the Kerr County Commissioner's Court and the Kerrville City Council on or before July 1 of each year. 7. The City and County shall pay such sums as approved by `~ the respective governing bodies into the Library Fund in twelve (12) equal monthly installments on or before the 15th day of each month during the term of the Contract. 8. All fines and fees (such as meeting room fees, gazebo charges and non-resident fees) collected by the Library shall be credited to City and County in the same proportion as actual contributions each has paid, or is to pay, toward its obligation during the current year, or next succeeding year if already paid. 9. This agreement shall remain in full force and effect for a period of one (1) year beginning October 1, 1991. It shall continue automatically for each successive year unless either party gives notice in whiting by June 1st, of any year, that they want to terminate the agreement at the end of the then current year or renegotiate said agreement. Contributions for the -2- current fiscal year shall be made as previously agreed to. 10. This agreement shall be considered executed on the date agreed to or adopted by the City Council of the City of Kerrville, Texas. SIGNED this ~_ day of ~~ ~~~ , 19 ~/ . CITY OF KERRVILLE, TEXAS ,? _ ~ ~ AT ST Mayor KERR COUNTY, ,TEXAS B . ~..~ Y' ATTEST County Judge APPROVED AS TO FORM: WALLACE, MOSTY, MACHANN, JACKSON & WILLIAMS City Attorney Da "M. M ley County Att ney 32EDMdv -3-