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KERR COUNTY COMMISSIONERS COURT
Special Session
Tuesday, February 1, 2005
10:00 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
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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	I N D E X	
	February 1, 2005	
		PAGE
---	Commissioners' Comments	3
1.1	Consider and discuss Banking Agreements with	
	First National Bank Omaha for partnership with	
	Kerr County and Mutual of Omaha and sign same	4
1.2	Consider awarding bid for Gradall(s)	6
1.3	Consider, discuss and take appropriate action	
	concerning remodeling of lower level of courthouse	
	to accommodate County Attorney	~
1.4	Consider, discuss and take appropriate action on	
	candidates/applicants for Information Technology	
	Specialist Position	14
---	Adjourned	22
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On Tuesday, February 1, 2005, at 10:00 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: Let me call to order the
special Commissioners Court meeting of Kerr County
Commissioners Court scheduled for this time and date,
Tuesday, February 1, 2005, at 10 a.m. I have on the agenda
a visitors' input provision. Is there any member of the
audience or the public that wishes to be heard on a matter
that's not listed on the agenda? Any member of the public
that wishes to be heard? Seeing no one moving forward,
we'll move on to the next item, consideration -- first the
Commissioners' comments, I suppose. Do you have any
comments, Commissioner Baldwin?
COMMISSIONER BALDWIN: No, sir. It's cold.
JUDGE TINLEY: All right. Commissioner
Williams?
COMMISSIONER WILLIAMS: Two more days and the
cast comes off.
JUDGE TINLEY: Okay. Three?
COMMISSIONER LETZ: I'm still a little under
the weather, but I'm making it. I'm on antibiotics finally.
JUDGE TINLEY: Four?
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COMMISSIONER NICHOLSON: Doctor said I was
going to live at least six more months, so I'm going to go
ahead and get new glasses.
JUDGE TINLEY: Okay. Seems like we got a
great deal of interest generated this morning. I can't top
any of those.
COMMISSIONER WILLIAMS: That would be the
medical report for today.
JUDGE TINLEY: Yeah. Yeah. To the
disappointment of some, I'm still alive, but let's move on
to the consideration agenda. Item Number 1, consider and
discuss the banking agreements with First National Bank of
Omaha for partnership with Kerr County and Mutual of Omaha,
and signing of same. This was a matter that was on a
previous agenda; it was carried forward. Ms. Nemec?
MS. NEMEC: This agreement, I did give it to
our County Attorney for review, and he did review it, and I
think everything in there is pretty standard language. And
the reason for opening up this account is to pay our claims.
As they request claims to be paid, I will transfer money
from our insurance account into this bank account to pay the
claims. So, if that could be signed today, I'd -- I'll
overnight it to them so we can begin paying our claims.
COMMISSIONER LETZ: So, the way it works is
that the claim gets filed, they look at it, figure out what
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they're going to pay, they'll tell you the amount, and then
you just send that amount of money in?
MS. NEMEC: They'll send me a hard copy so I
can keep it for my records as backup, and then I'll wire
transfer that amount into this account, and then they'll cut
the checks out of this account to pay those claims.
COMMISSIONER WILLIAMS: Did we have a similar
arrangement with --
MS. NEMEC: Same exact thing.
COMMISSIONER WILLIAMS: And have a bank
account for that as well?
MS. NEMEC: Right.
COMMISSIONER WILLIAMS: And these folks just
prefer it being in Omaha? Is that the deal?
MS. NEMEC: Well, they prefer it being
with -- First National Bank is the bank that they're using.
COMMISSIONER WILLIAMS: In Omaha?
MS. NEMEC: Bank -- right. That bank that we
used to use before was Bank of America. And it's just up to
our third-party administrator, whatever bank they're used to
dealing with.
COMMISSIONER LETZ: County Attorney has
looked at the -- have you looked at the agreement?
MR. EMERSON: I did look at the agreement,
and it's standard boilerplate bank language, and I didn't
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see anything out of the ordinary. And if you did want to
change something, the only thing you would look at would be
the indemnification. And if you change anything, then the
bank won't deal with you, so...
COMMISSIONER LETZ: Move for approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. The
next item on the agenda is consider awarding bids for a
Gradall. Mr. Odom?
MR. ODOM: Thank you, Judge. Last week we
opened the bids, and I looked at that. I'm coming back to
recommend that -- and you see the supporting documents that
shows the amount of revenue that I have -- that I would
accept the bid -- that the Court would accept the bid from
Excel Machinery for two Gradalls for $35,000. And I show
how I can pay for it and still have $786 left, without
hurting my budget. I recommend that we accept that bid for
two Gradalls, $35,000.
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COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER NICHOLSON: I second.
JUDGE TINLEY: Motion made and seconded for
approval of the request of Road and Bridge Administrator.
Any questions or discussions about the motion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Thank
you very much, Mr. Odom.
MR. ODOM: Thank you, Judge.
COMMISSIONER LETZ: Leonard?
MR. ODOM: Yes, sir?
COMMISSIONER LETZ: It's supposed to be icy
in the morning, so just --
MR. ODOM: Huh? Supposed to be icy in the
morning?
COMMISSIONER LETZ: See if the Gradalls --
MR. ODOM: I will park those in the yard.
I'll tell them to leave them in Amarillo right now.
JUDGE TINLEY: The next item on the agenda is
consider, discuss, and take appropriate action concerning
remodeling of lower level of courthouse to accommodate
County Attorney, Mr. Emerson. Mr. Holekamp, I think this is
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a -- a joint matter, I think, isn't it?
MR. EMERSON: That's correct.
JUDGE TINLEY: A11 right.
MR. EMERSON: As this Court's well aware, we
have one attorney that does not have a private office at
all. Makes it almost impossible for her to meet with
protective order clients, police officers or anybody else.
Furthermore, Rosa Lavender, who this Court appointed as
Crime Victims' Coordinator through our office, is in the old
part of the basement in a completely separate part of the
courthouse, and it would be more efficient far the operation
of our office, and therefore for the taxpayers, if we could
consolidate them. And I've talked to Mr. Holekamp, and we
have a rough plan for what to do with it, the available
space that's down there. And I believe -- my understanding
is that the money's in the budget to take care of it. Do
you want to go ahead and --
MR. HOLEKAMP: Thank you. What -- what we
have discussed -- and this has been discussed, I think, at
length a couple of years already, the possibility of closing
in the open space as you walk in past the J.P. 3's office on
the left. There's a table with chairs, and the former
judges have used it for a courtroom or mediation or
whatever. And I have talked to Judge Castillo, and he
really sees no objection at all to utilizing courtrooms that
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currently exist in the courthouse. Very accommodating --
just as a comment, he's been very -- very good about it.
What -- what this is going to entail is two walls and three
doors, basically. We have some ceiling issues. As y'all
all know, the -- that at one time was a medium-security --
minimum medium-security jail, so those ceilings in there are
approximately 9-foot tall. There's no room, and all of the
light fixtures have security screws on them, so when we
change light bulbs, it's -- it's kind of like -- it's quite
a chore. So, we're going to try to go in, and this will
give the County Attorney's office approximately 340 square
feet additional space. This still leaves the exit -- fire
exit, if you wish to call it that, that'll go -- that you
can -- when you walk in right past the J.P.'s door, you'll
take a left, and you can wind back to that little break
room, which is an exit, and I'm going to keep that open.
So, the access into this particular offices
that we're -- we're considering will be from his office
area. There will not be exterior doors into this area. So,
it'll be -- if he so chooses to use it for an office or a
conference room or whatever, that would -- would be -- it's
just going to be two spaces, basically, each one of about
probably 150 to 170 square feet. So, we have the money in
the budget, which was budgeted this year to -- for the
material. I'm using my people to -- to build it, and
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hopefully, with any kind of luck, with approval, we'll be
able to start in two to three weeks on it.
COMMISSIONER BALDWIN: Will you have the
opportunity to use prisoner labor as well?
MR. HOLEKAMP: Yes, sir. And what -- it's
going to depend on what -- what trades we have available to
us at that moment.
COMMISSIONER BALDWIN: Yeah, I understand.
MR. HOLEKAMP: You know, and that's -- that's
one thing about the trustee program. And it's a great
program, but that we run spells where the only thing
available to us is a concrete man or, you know, people that
have no skills whatsoever. So, it really depends on what
the Sheriff's going to be able to -- be able to let come out
to work. We might be able to get all -- a lot of these
things done.
COMMISSIONER BALDWIN: I bet it's hard to
find painters.
MR. HOLEKAMP: No. No. No, they're pretty
easy to find.
COMMISSIONER WILLIAMS: Glenn, are you taking
in part of that space that -- that the J.P. 3 court kind of
uses sometimes?
MR. HOLEKAMP: Yes, sir, that is that space.
COMMISSIONER WILLIAMS: Okay.
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MR. HOLEKAMP: And he's agreed to use our
courtrooms that currently exist in the building, 'cause
their -- their courtroom needs are very sporadic. It's
scheduled. I don't know -- I don't know how often they hold
actual court, but it's not real often. And the other type
of court that they do is, like, evictions and stuff. He
said he could use a conference room just anywhere, where you
sit across the table and you -- you talk to these people and
work out their difficulties or their differences. So, he --
he seemed to -- Judge Castillo was very accommodating with
the loss of that space.
JUDGE TINLEY: Preliminary plan would utilize
space for two additional offices? Is that what we're
looking at?
MR. HOLEKAMP: Yes, sir, that's what
Mr. Emerson and I had -- had discussed. And -- and as far
as -- you know, one might be 200 square foot, and the other
one might be 140. As y'all know, those are -- there are
pillars down there that -- the concrete pillars, so we're
going to work around them. I mean, we're not going through
them. So -- and we're going to -- but like I indicated, the
ceiling might be an issue. I'm going to try to drop it down
to 8 foot, get away from that 9-foot ceiling, so -- and
maybe change some light fixtures so we don't have to use a
certain screw gun to get them open so we can change bulbs.
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That's part of the --
JUDGE TINLEY: The access would be through
the current County Attorney's office, not from the exterior
down the hallway there beside the J.P. 3 office? Or --
MR. EMERSON: That's correct. We would leave
the entrance door the same as it is now, and simply open up
an internal wall door.
JUDGE TINLEY: Okay.
MR. EMERSON: On the inside.
COMMISSIONER NTCHOLSON: Just a couple
observations. When I go down there to that lower area, I
kind of feel like I'm in a rabbit burrow. Y'all probably
know the story on that. Maybe not. Maybe you just ran out
of money and couldn't finish it up.
MR. HOLEKAMP: Mm-hmm.
COMMISSIONER NICHOLSON: I'd like to see
that -- that general area, the hallways and -- and open area
there, cleaned up and -- not cleaned up. Looking better.
Ceilings and professional signage. And on the County
Attorney's office, it ought to look pretty good. It ought
to look professional. Doesn't have to meet Wall Street
standards, but when the -- when a taxpayer comes in to the
County Attorney's office, he ought or she ought not be
noticing that it's second-rate.
MR. HOLEKAMP: We're going to try our best.
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COMMISSIONER NICHOLSON: And it feels
MR. HOLEKAMP: The current space that they
have, in my opinion, it's cluttered. And I think -- I think
Mr. Emerson understands that he inherited that space, so --
and I think once we get this closed in and opened up,
there's some things that we can do on this other side. We
just can't do them all at the same time. So I'd like to
see, maybe next year, that we'll work into doing some stuff
in that --
COMMISSIONER LETZ: Didn't we put money in
the budget to fix up that other area as well?
MR. HOLEKAMP: Yeah.
COMMISSIONER NICHOLSON: I thought we did.
MR. HOLEKAMP: For material.
COMMISSIONER LETZ: For material?
MR. HOLEKAMP: Mm-hmm. And, there again, in
fact, I've got one community service worker that's got a
slug of hours that's going to do the floor. But timing is
everything; it's to be able to get in there and get that
floor floated and be able to get in there and work when
people aren't going to be on it.
COMMISSIONER LETZ: New ceiling -- or a
ceiling. Not a new ceiling, just a ceiling.
MR. HOLEKAMP: We're going to put a drop
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ceiling in there, yes. But I hadn't decided what we'll do
on walls yet, but the rest --
COMMISSIONER BALDWIN: This is government at
its best. We've been dealing with this particular issue for
seven or eight years now, and we're finally getting there,
and I'm proud. I appreciate you guys doing that, and I move
for approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any question or discussion?
All in favor of the motion, 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. Thank
you, gentlemen.
MR. EMERSON: Thank you.
JUDGE TINLEY: We appreciate you being here
today. The next item on the agenda is to consider, discuss,
and take appropriate action on candidates or applicants for
Information Technology Specialist position. This, of
course, is a personnel issue, and we have scheduled
interviews with particular applicants. Before we go into
executive or closed session in that regard, is there any
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discussion or matter with regard to the time that any member
of the Court wants to bring up in the open, public portion
COMMISSIONER WILLIAMS: I notice we have some
additional resumes. Are these any we're going to consider,
or what?
JUDGE TINLEY: Well, I -- I don't know.
There's some more that have come in. I would note with some
interest that there -- the advertised request for proposals
that I saw -- I've not seen the employment ad for full- or
part-time employment, but the request for proposals has a
closing date of 9 a.m. on February the 14th. What was the
closing date, if any, on the ad for full- or part-time
employment? Does anyone have that?
MS. NEMEC: There was no closing date put on
there, as far as I know.
JUDGE TINLEY: Okay.
MS. NEMEC: I do know that there have been
some people inquire about it, as far as yesterday even, and
the County Auditor did send them down to my office and they
filled out some applications, and those were turned in. But
I did explain to them that I didn't know if those would even
be considered, because I was under the impression that the
cutoff was Friday.
COMMISSIONER LETZ: Well, I think that,
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depending on what we decide today, it may have been cut off
or it may not. Just depends if we can come to terms.
JUDGE TINLEY: Yeah. That may be partially
cut off and not partially cut off. We may have a hybrid
situation.
COMMISSIONER NICHOLSON: I think we need to
think some more about the relationship between the employee
that does this work and any outside contractor that does
similar work, if any. Maybe that needs some more
discussion. I think we can do that as we work through our
candidates.
MS. NEMEC: I did have someone come to my
office yesterday morning, and they were inquiring about the
contract part of it, and they have done contract work for
the County before as far as the computer goes, and he was
very interested in that part of it. He was supposed to
bring his application back today. And I -- what I explained
to him was that we really didn't know where we were on
everything. Y'all were just going to look at the
applications and then decide what route y'all were going to
go. But if y'all are still considering someone to do the
contract work, I know that this is a pretty good
application, and he has done work for us before and Tommy's
real familiar with him. The courthouse personnel have been
very familiar with him for years too, so y'all might want to
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look at that.
JUDGE TINLEY: Well, I think -- on the
contract people, I think we're bound by the advertisement
that we ran that said that the closing time for those
proposals is February the 14th at 9 a.m., and anybody that
wants to submit a proposal certainly is at liberty to do so
until that time. I -- on the contract basis.
MS. NEMEC: Okay.
JUDGE TINLEY: At least on a contract basis.
Where we are on the employment may be -- may be a different
issue. May not be a different issue; I don't know. But --
COMMISSIONER LETZ: Well, the -- isn't it
correct that the employment decision may necessitate the
need or not need for the contract?
JUDGE TINLEY: That's entirely possible.
COMMISSIONER NICHOLSON: I think you're
right.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER NICHOLSON: I think there's some
flexibility here. We may decide to shift it one way or the
other.
JUDGE TINLEY: Yeah. I think one is very
well going to have a bearing on the other.
COMMISSIONER LETZ: Way too many choices.
JUDGE TINLEY: Yeah, too many options. If no
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other member of the Court has anything in connection with
this in the open or public session, we will close the open
or public session -- recess it, actually, and we will
shortly go into executive or closed session with regard to
these personnel matters.
(The open session was closed at 10:20 a.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: Okay, we will reconvene in
open, public session. It is 11:51 now. Does any member of
the Court have anything to offer with respect to matters
discussed in closed or executive session?
COMMISSIONER LETZ: I'd like to make a motion
to fill the position -- well, to offer John Trolinger the
position of Interim Information Technology Manager for a
six-month period -- probationary period, beginning salary at
$35,000, and to report back to the Commissioners Court at
our second meeting this month with an analysis of the system
and preliminary report as to his recommendations as to where
we need to go with that department.
COMMISSIONER WILLIAMS: I'll second.
JUDGE TINLEY: Is that to begin immediately,
today?
COMMISSIONER LETZ: Effective immediately.
JUDGE TINLEY: The 1st of the month. All
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right. Motion made and seconded. Any questions or
discussion relative to the motion?
COMMISSIONER NICHOLSON: Just a comment.
We're going to defer any decision on -- on contract or
part-time help, and he'll be a part of helping us make that
decision.
JUDGE TINLEY: I think that's the sense of
it.
COMMISSIONER NICHOLSON: We're going to
communicate to the two people who applied for part-time work
that we're not ready to make a decision; that decision will
come later.
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: Good.
JUDGE TINLEY: Any further question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Who's going to make contact
with Mr. Trolinger?
COMMISSIONER WILLIAMS: Ms. Mitchell.
COMMISSIONER LETZ: And if you also,
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Ms. Mitchell, would send a letter to everyone who sent in an
application, you know --
JUDGE TINLEY: We'll need to send out a
letter to them.
COMMISSIONER WILLIAMS: Except the part-time.
JUDGE TINLEY: The part-timers, we need to
let them know that -- that we're not taking any action with
regard to filling any part-time position; that there may be
a decision made later on.
COMMISSIONER BALDWIN: Judge?
COMMISSIONER NICHOLSON: So those two we
interviewed, what that means is, if they're still interested
in a part-time position, there may be one, but we don't know
that.
COMMISSIONER LETZ: Everybody else gets a --
COMMISSIONER BALDWIN: We don't need to send
anything out until we make sure Trolinger accepts our offer.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: And if he accepts our
offer, get his butt down here.
MS. MITCHELL: He's already put his initials
on a cup.
COMMISSIONER WILLIAMS: Pardon?
COMMISSIONER BALDWIN: Put his initials on a
cup?
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JUDGE TINLEY: A little Styrofoam cup?
MS. MITCHELL: He came out and he told me --
he said, "I've put my" -- he says, "You're going to call me.
You're going to call me, right? I've already put my
initials on this cup back there, so I'm going to keep it
back here till y'all hire me." So, his cup's back there.
JUDGE TINLEY: Confidence.
MS. MITCHELL: Yeah.
COMMISSIONER BALDWIN: But the finances were
a part of it. That's what he has to agree to accept.
JUDGE TINLEY: Okay. Anything else to come
before the Court? There's nothing else on the agenda today.
Yes?
COMMISSIONER LETZ: The only comment would be
that if he has any questions, refer them to the County
Judge. And the Judge understands that after six months, the
intent is, in my motion, that we will reexamine his position
and his salary at that point.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Let me ask a question
now. What if the guy says, "Yeah, Kathy, I'm -- that's
cool. I want to do this thing. I'm on my way up there,"
and he walks in the door. What does he do then?
COMMISSIONER WILLIAMS: Ms. Mitchell directs
him to Ms. Nemec to fill out his paperwork.
2-1-05
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COMMISSIONER LETZ: And then to Tammy.
COMMISSIONER BALDWIN: To the County Auditor
so he can get started in this thing, and then the County
Auditor will rapidly disappear in this picture, I hope.
COMMISSIONER LETZ: And Shaun is gone?
COMMISSIONER BALDWIN: Shaun is gone, but
he's available.
COMMISSIONER LETZ: Okay. And I would ask --
COMMISSIONER WILLIAMS: Really?
COMMISSIONER LETZ: -- him to contact Shaun.
COMMISSIONER BALDWIN: For me. To me only.
COMMISSIONER WILLIAMS: Oh, okay.
COMMISSIONER NICHOLSON: You guys do good
work. Don't try this at home; we're experts.
COMMISSIONER BALDWIN: It's not for kids.
JUDGE TINLEY: We stand adjourned.
(Commissioners Court adjourned at 11:53 a.m.)
2-1-05
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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 2nd day of February,
2005.
JANNETT PIEPER, Kerr County Clerk
BY: _ ______ _
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
2-1-05
ORDER N0.29016.
BANKING AGREEMENTS WITH FIRST
NATIONAL BANK OF OMAHA.
Came to be heard this the 1st day of February 2005 with motion made by Commissioner
Letz seconded by Commissioner Baldwin. The Court unanimously approved by a vote of
4-0-0 the banking agreement with First National Bank of Omaha for partnership with
Kerr County and Mutual of Omaha and sign same. The claim will be first sent to Mutual
of Omaha they will approve it, the hard copy is sent to Bazbaza Nemec, she transfers the
money to the bank so the claim can be paid.
ORDER N0.29017.
ROAD AND BRIDGE
PURCHASE OF GRADALL(S).
Came to be heard this the 1st day of February. 2005 with a motion made by
Commissioner Baldwin seconded by Commisioner Nicholson. The Court unanimously
approved by a vote of 4-0-0 to purchase 2 Gradalls from Excel machinery for $35,000.00
and to pay for them out of Road and Bridge funds.
ORDER N0.29018.
COUNTY ATTORNEY
REMODLING LOWER LEVEL (BASEMENT)
Came to be heard this the 1st day of February 2005 with a motion made by
Commissioner Baldwin seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to remodel the offices of the County and Assistant County
Attorney's as well as the Crime Victims' Coordinator. The money coming out of the
County Attorney's budget, the labor coming from county employees and the trustees
program.
ORDER N0.29019.
APPLICANT FOR INFORMATION TECHNOLOGY
SPECIALIST POSITION.
Came to be heard this the 1st day of February 2005 with a motion made by
Commissioner Letz seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to offer John Trolinger the position of Information
Technology Specialist as interim with the salary of $35,000.00. Position and salary to be
reexamined at 6 months. The part time position and the outside contract on the PC's will
be discussed later.