%0~,20~/-/~G
COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: October 12, 2004
OFFICE: Commissioner, Pct. 4
TIME PREFERRED:
SUBJECT: Consider and discuss the "Policies for Courthouse Building and Grounds" to
determine if any revisions are needed.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4
ESTIMATED LENGTH OF PRESENTATION: 15 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:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
ORDER N0.28693
Policies for Courthouse
Building and Grounds
On this the 28~' day of June 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Baldwin,. the Court unanimously approved by a vote of 4-
0-0, policies governing the use of the courthouse building and grounds.
THE FOLLOWING POLICY AND GUIDELINES SHALL GOVERN THE USE OF
THE COURTHOUSE BUILDING AND GROUNDS.
Courthouse Building
General Rule
The use of the courthouse building, or any portion thereof, shall be limited to official
county government business.
Exceptions
1. Conduct of precinct or county conventions by political parties in accordance with the
requirements of the Texas Election Code.
2. Meetings or hearings conducted by other governmental entities or as may be required
under State or Federal law
Procedure
When any portion of the courthouse building is to be used under the exceptions noted
above, such use shall be accomplished with prior knowledge and coordination with the
Facilities Director and Commissioners' Court courthouse facilities liaison. The Facilities
Director and/or Commissioners' Court facilities liaison may impose reasonable
conditions or requirements in connection with such use to address safety, security, clean-
up or other appropriate concerns.
Any use of any portion of the courthouse building except as specified above shall be
permitted only upon the express authorization of Commissioners' Court and under
conditions as may be prescribed by Commissioners' Court for such use.
Courthouse Grounds
Use of the courthouse grounds shall be limited to the following:
1. Non-Profit Organizations
2. Civic Organizations
3. School Organizations or Groups
Page 1 aft
4. Veterans Groups
5. Recurrent contract users (example; Market Days)
Procedure
Any group desiring to use any portion of the courthouse grounds shall make the request
for such use in writing to the courthouse Facilities Director and courthouse facilities
liaison of Commissioners' Court. The requested use shall be consisted with the purpose
or purposes of the requesting organization_
The Facilities Director andlor Commissioners' Court facilities liaison may impose
reasonable conditions yr requirements in connection with such use to address safety,
security, clean-up or other appropriate concerns.
Any use of any portion of the courthouse grounds except as specified above shall be
permitted only upon the express authorization of Commissioners' Court and under
conditions as may be prescribed by Commissioners' Court for such use.
Paget oft
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(Na response.)
JUDGE TINLEY: That moticn does carry. We'll
move on to Item 10, consider and discuss establishing
policies governing the use of the courthouse building and
grounds. I placed this item on the agenda. As part of our
strategic planning earlier this year, that was one item that
the members of the Court thought was appropriate to be part
of that overall strategic planning, and far that reason, I
put it on the agenda and prepared the draft. I have one
item to add that was omitted at the time I prepared the
draft on the courthouse building. There's a third exception
that has been taking place here for some time, and that's
mock trial and other legal education programs.
COhII~IISSIONER BALDWIN: Judge, let me ask you
a question. What about -- what about the elected officials?
Some of us serve on nonprofit boards and committees, and
having that type of meeting in the courthouse?
JUDGE TINLEY: To the extent that it relates,
either directly or indirectly, to County business, I can
certainly see why it would be appropriate.
CON@7ISSIONER BALDWIN: We11, just -- just as
an example, Leadership Kerr County.
COMMISSIONER LETZ: That's a good one.
JUDGE TINLEY: They come around, but they
don't necessarily meet here. But they come around.
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CONI9ISSIONEP. BALDWIN: No, but I'm just using
that as an example. If I -- hmm, don't use me. David
Motley is the only other elected official in the room. If
Motley was a member or the chairman of Leadership Kerr
County, and he wanted to have one of their monthly meetings
in the courthouse, would that to -- would the Leadership
Kerr County be excluded as a nonprofit organization?
JUDGE TINLEY: Using of the -- the building
itself?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: There's a passibility i't might
fall under a -- some sort of legal education program, but I
would suspect not.
COMMISSIONER BALDWIN: Well, I guess that's
the only place that -- I mdan, I like your document, but
that may be the only place that I could -- you and T will
differ on the issue, is that. I kind of think those kind of
things should happen if an elected official so chooses. I'm
not talking abeut the Second Baptist Church of Houston. I'm
talking about Leadership Kerr County; I'm talking about
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Crisis Council -- Hill Country Crisis Council and those
kinds of things.
JUDGE TINLEY: Crisis Council, I think, if
I'm not mistaken, is one of our --
COMMISSIONED BALDWIN: It is.
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JUDGE TINLEY; -- County-sponsored
activities, and relates to assistance in some of our court
programs.
COMMISSIONER BALDWIN: I agree.
JUDGE TINLEY: I think that one would be --
CONII~ISSIONER BALDWIN: All right, let me
remove the specifics, then, and just use the -- use the
term, "nonprofit." A nonprofit organization.
JUDGE TINLEY: I think then you've got the
Second Baptist Church of Houston.
COMMISSIONER LETZ: ~ I think --
COMMISSIONER WILLIAMS: I have another
xiiustration, following up on yours. What about League of
Women Voters? What if they wanted to conduct a forum in the
big courtroom?
JUDGE TINLEY: Legal education.
COMMISSIONER WILLIAMS: They would qualify?
JUDGE TINLEY: Nm-hmm.
COMMISSIONER WILLIAMS: I noted, under Item
2 -- Judge, I have a sort of a suggestion. When you talk
about "meetings or hearings conducted by other governmental
entities (example; public hearings conducted by Texas Parks
and Wildlifel," there are other examples that may not
necessarily be governmental entities conducting them, but
they are -- they are or would be required by one or others
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of -- of our several governmental codes. For example,
public hearings conducted by Grantworks on some of the
things they have worked with the County on with respect to
the sewer project and other things they're working with us.
Now, they're not a governmental agency; they're working with
and far us, but the hearings axe required by -- by whatever
governmental codes that govern the giving of those moneys or
that type of entity. So, I'm wondering, I thin±, whether
the intent would be better served if we talked about
meetings or hearings as required by the various government
codes.
JUDGE TINLEY.: L.think you've got essential.lp_......
the lama situation -- ha~re nc problem with that. In your
Grantworks example, they're actually conducting the public
hearing on behalf of Kerr County, pursuant to the directive '~
of the -- of the codes. But certainly, substituting "by
other governmental entities" tc "conducting pursuant to
requirements of statutes or codes," I have no problem with
that. None whatsoever, That -- that's government business.
COMMISSIONER LETZ: I really hate -- I mean,
I don't think it's a big issue, but I -- I don't see haw
this Court can allow mock trial and other legal education,
and then not allow everybody else. What if it's debate team
that wants to use it? What if, you know, anybody -- I don't
see how you can, all of a sudden, just say only if you're
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gorng to do legal things can you use it. I think any --
either it's all nonprofit ox it's no nonprofit. And if we
-- I [hink mock trial cannot get an exception. You either
have to -- and I think mock trial should use it, personally.
And I think debate team should use it. I think that other
-- you know, other school-type things -- I guess that could
come under governmental entities, you know. But I think --
and I think the mock trial could probably use it as
governmental entity, the school U.I.L. So, I think that if
you -- if you start -- if you're going to have a policy, you
can't make exceptions. It's either got to be, you know, for
everyone, you know, or you open it up to everyone. I mean,
you can't just say legal edaeat~on, to me, 'cause I don't
see how that -- you know, 9-N, that's County; I guess you
could do it, but there's other things I'm sure that can --
if I sat around long enough -- sewer education. I mean, you
know, it's --
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JUDGE TINLEY: My response to that would be,
draw a line through the mock trial and legal programs.
COMMISSIONER LETZ: Well, and I -- you know,
I hate to see mock trial not be allowed to use it, but I
don't see how -- I can't vote to let -- allow them and
nobody else. You know, I think governmental entities can be
very broadly construed, That would -- in my mind, I think I
could :ustify that to be any school activity as a part'of
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the governmental entity. I was going through water hearings
and other things, but those can come under water -- under
gcvernmental entities as well, so I thrnk you could probably
allow mock trial under governmental entities, but delete it
as an explicit exception.
JUDGE TINLEY: I have no problem with that.
COMMISSIONER BALDWIPI: You don't have any
problem with what?
JUDGE TINLEY: Drawrng a line through mock
trial.
COMMISSIONER BALDWIN: I --
JUDGE TINLEY: Legal education.
f.OMMTSSiONEP. RALDWTPI: We11, I do. We've had
mock trials in this building fcx -- and kids have been in
the national finals because o.f the -- they get to use the
actual -- these courtrooms. And I --
COMMISSIONEP. LETZ: I said mock trial car, use
it under governmental entities. They don't need to be -- I
don't think there's any change. I think --
CONQ~fISSIONER BALDWIN: So, you're going to
tell the District Judges that you are recommending that mock
trial --
JUDGE TINLEY: No, I'm not doing that.
COMMISSIONEA BALDWIN: You don't recommend
that?
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JUDGE TIIILEY: No. What I'm saying is, in
the last paragraph, rf -- if they dcn't feel like it's
adequately covered, they can come seek specific permission.
COMMISSIONER LETZ: Yeah, but I'm saying they
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are covered.
COMMISSIONER NICHOLSON: Yeah. It's -- it's
not an exception; it's covered under the general rule.
COMMISSIONER LETZ: I see it as covered under
the exception under meetings and hearings conducted by other
governmental entities,
' COMMISSIONER NICHOLSON: Okay.
COMMISSIONER LETZ: It's a meeting of the
school. it's a U.i.L. function. And if it's a sanctioned
school event, to me, that's a governmental entity.
COMMISSIONER NICHOLSON: Let me -- I've
thought of about four examples.
JUDGE TINLEY: Good interpretation.
COMMISSIONER NICHOLSON: I've thought of
about four examples where I've used the courthouse
facilities. I want to make sure that -- that they're
covered. I would use it to meet with O.S.S.F. contractors.
If we use it and continue to use it for the emergency
service district meetings, fox volunteer fire department
issues, meeting with representatives from -- from
subdivisions about subdivision issues, all of these kind of
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things would continue to be an official government use, and
in performance of a Commissioner's job?
JUDGE TINLEY: Sure. They're either
government entities, or it's rn furtherance of county
business, relates to county business.
COMMISSIONER LETZ: And I think -- I agree; I
think every item that you mentioned. But I think, to make
it clear about the U.I.L. issue, you could add "meetings or
hearings conducted by other governmental entities, including
school."
COMMISSIONER WILLI'AMS: Well, I think he's
going to refine that Number 2 to kick in what -- the
requirements that miyht cone out of government codes, which
would cover that as well.
COMMISSIONER LETZ: But T think, you know,
sanctioned school activities is a governmental entity, to
me.
COMMISSIONER BALDWIN: What if you had -- I
mean, I'm going to have a town hall meeting with my
constituents.
COMMISSIONER LETZ: That's under --
JUDGE TINLEY: County business.
COMMISSIONER BALDWIN: We're going to talk
about Second Baptist Church of Houston. No, I'm just
joking. Let me ask you this, now. What is' -- when the
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Sheriff's wing to drive by at nighttime and see lights on
in the courthouse, and he's going to get his binoculars out
and try to decide whether it's a County -- County government
meeting or not, are we going to handcuff everybody and -- or
what's going to happen here? How are you going to -- I
mean, how is all this -- just trust? We're going to trust
the people that work in the courthouse?
JUDGE TINLEY: Right now we don't have a
policy, apparently.
COMMISSIONER BALDWIN: Okay. Let's -- we're
going to adopt a policy today, and then haw are we going to
follow up to know that these people are not having some kind
of church meeting in here?
COMMISSIONER WILLIAMS: Mr. Holekamp's going
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to do that.
COMMISSIONER BALDWIN: Glenn's going to sit
up here in the middle of the night, check everybody's I.D.,
and --
COMMISSIONER LETZ: Way I look at it, you've
got to have a key to the courthouse to have a meeting here
after hours.
COI~A1ISSIONER BALDWIN: Well, elected
officials do.
COMMISSIONER LETZ: Right, and they do. And
I -- and I think that you can -- this is broad enough that
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there are very few things that I thin Y. you couldn't meet on,
and that's why I don't have a problem with it. I think that
if you're meeting with a group of your constituents, you
know, I don't see how you can hardly -- you know, do much.
I mean, I think there's -- see, I think the intent is, you
know, tc prevent me from opening up far the Kerrville Little
League to have a meeting here. That's what we're trying to
stop. If I want to meet with my constituents about a flood,
or if Paula Rector wants to meet with some oeople about
something, you know, almost everything we do with the public
is governmentally related, and I think this is 'a broad
enough policy that it rs -- prevents some usage -- uses that
I think, we're :oii~erned about. But iL allows every elected
official to use it, you know, almost whenever they want to.
COMMISSIONER WILLIAMS: I agree. I'm on
board.
COMMISSIONER. BALDWIN: Yeah. Judge, I'm not
opposed to it. I'm certainly in support of your document
here. I just wanted to make sure that we all axe on the
same -- same horse here and the same leg, that's all.
JUDGE TINLEY: I'm not inflexible. I just --
just want to get somewhere to start. Then, if we need to do
some refinement later on, why, we can do that. What I've
done, under Number 2, "Meetings or hearings conducted by
other governmental entities as may be required by state
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statutes or codes."
COMMISSIONER WILLIAMS: That's fine. Goad.
JUDGE TINLEY: We may want to say, you know,
"may be required under state law," and that -- that gets it
a whole lot broader, Tf you are -- you've got, for example,
regulations, T.C.E.Q. That's not state statutes or code,
but they may be promulgated by that.
COMMISSIONER WILLIAMS: Whatever gives us the
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broadest --
JUDGE TINLEY: "May be required under state
or federal law."
COMMISSIONER WILLIAMS: There you go. That's
fine. Whatever gives the broadest latitude.
JUDGE TINLEY: Okay.
CONMISSLCNER WILLIAMS: To ccnduct business
that affects the County. That's fine.
COMMISSIONER BALDWIN: Did I hear you move
for adoption? Go on, make a motion. Do it. Go for it.
Come on, Judge, do it.
COMMISSIONER WILLIAMS: What did you have to
eat for breakfast this morning?
COMQw1ISSI0NER BALDWIN: Nothing.
JUDGE TINLEY: It's not what he had to eat.
He may have had something else he ingested there.
Mr. Holekamp, you had a comment?
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MR. HOLEKAMP: I understand what y'all are
trying to get to, but what is -- who's going to be
responsible for un:ocking, locking, and if it's not locked
up and they call me in the middle of the night to come down
here, is somebody going to schedule thrs building for these
meetings? Or is this just like -- if -- if Commissioner
Baldwin decides he's going to have a meeting, he calls his
friends over, we're going to have a meeting. We don't know.
Something has to happen for us to know when people are
supposed to be in here.
JUDGE TINLEY: Okay. Let me respond to that,'
if i might. -`
MR. HGLEk:AMP: Okay.
JUDGE TINLEY:' Under the procedure, when any
pcrtion of the building is to be used under any of these
exceptions, the use shall be accomplished with prior
permission and coordinated with the Facilities Director and
courthouse Commissioners Court liaison, with the right to
make imposed reasonable conditions and requirements
concerning security, cleanup --
MR. HOLEKAMP: Okay.
JUDGE TINLEY: -- and so forth.
MR. HOLEKAMP: A11 rrght.
COMMISSIONER NICHOLSON: In that regard --
MR. HOLEKAMP: As far as permission is
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concerned, I don't. need to give permission. If -- if it's
pretty much plain on what y'all are going to do, an elected
official wrshes to use the building --
JUDGE TINLEY: Haw about prier knowledge
and --
MR. HOLEKAMP: Prior knowledge is necessary,
but not --
JUDGE TINLEY: Okay.
MR. HOLEKAMP: -- permission, I don't think,
is going to be a requirement.
COMMTSSIONER NICHOLSON: Who is the
facilities liaison?
COMMLSSIONER LETZ: think it's the Judge.
JUDGE TINLEY: Right now, it's me. Those are
selected annually.
COMMISSIONER NICHOLSON: Okay.
JUDGE TINLEY: Just like the Animal Control
or EMS ar the others.
COMMISSIONER NICHOLSON: I move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Let me --
CONAfISSIONER LETZ: Read back?
JUDGE TINLEY: Let me tell you what I've
changed here under Number 2 of the exceptions. "Meetings or
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hearings conducted by other governmental entities or as may
be required under state or federal law." And then, rn the
next paragraph, "When any portion of the courthouse building
is to be used under the exceptions noted above, such use
shall be accomplished with prior knowledge and
coordination..."
COMMISSIONER NICHOLSON: That's part of my
motion.
JUDGE TINLEY: Okay. Any -- any other
question or discussion? All in favor of the motion as
stated, signify'by raising your right hand.
(The motion carried by unanimous vote..)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER LETZ: I'm excited. We've been
working on these courthouse rules for, I think, six years.
COMMISSIONER WILLIAN.S: Finally got it.
Simple is better.
JUDGE TINLEY: I will now recess the
Commissioners Court meeting, and I will convene a public
hearing for -- in connection with the revision of a plat for
Tracts 12 and 13 of Hidden Valley Ranch 1 in Volume 9, Page
33.
~'
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(The regular Commissioners Court meeting was
closed at 10:06 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H EAR I N G
JUDGE TINLEY: This is a timed item for
10 o'clock. It's a few minutes after now. Is there any
member of the public that wishes to be heard in connection
with the proposed revision of plat for Tracts 12 and 13 of
Hidden Valley Aanch 1? Is there any member of the public
that wishes to be heard on thrs item?
MR. BRAPdDETIBURG: Yes, sir.
JUDGE TINLEY: Yes, sir. Please come
forward. Give your name to the reporter, and let us know
what's on your mrnd.
MR. BRANDENB7RG: My name is Gary
Brandenberg, and I am the land surveyor that is actually
preparing that plat. I may not have been understanding your
question correctly. I'm here to represent that revision of
plat, but if -- I believe you said you're going to have to
recess and reconvene and then hear it? Is that correct?
JUDGE TINLEY: That's generally the way the
procedure works, yes, sir.
MR. BRANDENSURG: Okay.
JUDGE TINLEY: We're required by law to --
when we go into a public hearing mode, we've got to recess
the meeting that's underway, go into a public hearing mode.
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Then, once that's completed, we close the public hearing and
go back in our meeting.
MR. BRAPIDENBURG: Oh, okay. I apologize for
my misunderstanding.
JUDGE TINLEY: Not a problem. It is a little
convoluted, but we get there.
MR. BRASIDENBURG: OY.ay. Thank you, sir.
(Discussion off the record.)
JUDGE TINLEY: Is there any -- any other
member of the public that wishes to be heard with regard to
the proposed revision of the plat for Tracts 12 and 13 of
Hidden Valley Ranch 1? If not, I will close the public
hearing, and I wiil reconvene the Commissioners Court
hearing scheduled for this date.
(The public hearing was concluded at 10:08
a.m., and the regular Commissroners Court
meeting was reopened.
JUDGE TINLEY: And we will move on to Item 8,
to consider the revision of plat fcr Tracts 12 and 13 of
Hidden Valley Ranch 1.
MR. JOHNSTOPI: This plat consisted of moving
a lot line between 12 and 13 by about 50 feet, little over
50 feet. I have no problem with the plat. The only caveat
is, Gary Brandenburg showed me his mylar. All the signature
blocks are not signed, so we can either, A, approve it
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6-36-04
~Q,~2.o~f
PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time t A enda Item (or ,Items) you wish to address are discussed.
Name: ~ `~ t~ ~ t Val, Q- f
II
Address: S~11 ~~~Y'h ~ ~ ~ l 1~t 1~~ ~~~1~1~ 1~,~~J
Telephone:
II,
Place of Employment: (~ 2,'T't [ C'_
Employment Telephone: ' ~
Do you represent any particular group or organization? Yes a No ^
If you represent a group or organization, please state the name, address and telephone number of
such group or organization.
e. r r Co u, ~ e ~ ~ ' 1`
I)
Which agenda Item (or Items) do you wish to address? ~ ~ ! ~t
In general, are you for or against such Agenda Item (or Items)? For ^ A ainst
i 1n~, A ~,~~~x ~-~enrt t , t ~4 d©~s ~c-~ l~at~e c~ L' ~=e ~ ~ ,~ ~.~ ~ " po s ~ ~' i e k
.J., ~at! g Fre ec{ o ~vt o -'F ~-p~c~e Lt ®~. ~~-
~~p1Lt, Y`~ou ~ L, ~ °L~'`'~ re ` 'nature
NOTE: This Public Participation Form must be presented to the County Clerk prior to the
time the agenda item(s) are discussed.
Once you reach the podium, please state your name and wholwhat you
represent clearly for the court reporter to accurately record who you are.
~~L_ptC
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PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed.
Name: ~.~.~~ 1~ j1i~~~7'~1~~
Address: 2 I to LJ~ ~~ t,J(~~
Telephone: ~ ~~ ~ `~'S ~l'S~-1 ~
Place of Employment: ~~.~- ~~ j~
Employment Telephone:
Do you represent any particular group or organization? Yes ^ No~
If you represent a group or organization, please state the name, address and telephone number of
such group or organization.
Which agenda Item (or Items) do you wish to address?
In general, are you for or against such Agenda Item (or Items)? For ^ Against ^
~_ L~V W ti ~ti`~~
Signature
NOTE: This Public Participation Form must be presented to the County Clerk prior to the
time the agenda item(s) are discussed.
Once you reach the podium, please state your name and who/what you
represent clearly for the court reporter to accurately record who you are.