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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, March 5, 2007
1:30 p.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
BRUCE OEHLER, Commissioner Pct. 4
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	I N D E X	
	March 5, 2007	
		PAGE
1.1	Consider/discuss and approve appointment of	
	Early Voting Ballot Board as per Section 51.002,	
	Texas Election Code	3
1.2	Consider/discuss approving funding for the May 12,	
	2007 election	4
1.3	Consider/discuss, take appropriate action to	
	approve Central Counting Station personnel	
	pursuant to Chapter 27, Texas Election Code	7
1.4	Consider/discuss approving of polling locations in	
	accordance with Chapter 43, Texas Election Code	9
1.5	Consider/discuss, take appropriate action to approve	
	contract between Kerr County and ImageTek/Edoc	
	Technologies, Inc.; authorize County Judge to sign	10
---	Adjourned	20

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3
On Monday, March 5, 2007, at 1:30 p.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 this special
called meeting of the Kerr County Commissioners Court posted
for this time and date, Monday, March 5th, 2007, at 1:30 p.m.
It's a bit past that now, so we will get started on the
agenda. The first item on the agenda is to consider, discuss,
and approve the appointment of the Early Voting Ballot Board
in accordance with Section 51.002 of the Texas Election Code,
those persons being Joe Armistead as judge, Larry Cornett as
alternate judge, and Larry Jelf as clerk. Ms. Pieper?
MS. PIEPER: I do need to make one revision on this.
Larry Jelf is not able to make it, so I would like to add in
Linda Bowman instead.
COMMISSIONER OEHLER: Instead of Larry Jelf?
MS. PIEPER: That is correct. He is unable to work
that day.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
as indicated. Any question or discussion on the motion? All
in favor of the motion, signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion does carry. Item 2,
consider and discuss approving the funding for the May 12th,
2007 election.
MS. PIEPER: Okay, gentlemen. Because this is not
-- was not going to be a regular election for me, I did not
have this in my budget. And I had sent out an e-mail stating
how much money I think I need by adding up the workers and the
ballots and election supplies, and that's $20,576.
COMMISSIONER WILLIAMS: 20,000?
MS. PIEPER: Yes. And that is with -- that is with
your approval to consolidate into the four locations. Now, if
we have to open up other locations, I need more money.
COMMISSIONER WILLIAMS: 20,500 what?
MS. PIEPER: $76.
JUDGE TINLEY: Is this subject to preclearance by
the Justice Department, just using these four locations?
MS. PIEPER: Yes.
JUDGE TINLEY: Based upon the prior preclearance
submissions to the Justice Department, have you got any
feeling as to how they're going to view consolidating this
into the four polling places?
MS. PIEPER: I don't think they're going to have any
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problem with it, because we've done that in the past. And
we're also consolidating -- the locations that I am going to
request also has the same locations that the city -- the
Kerrville city, Kerrville Independent School District, Ingram
city, and Ingram Independent School District as well, and
that'll keep our voters from having to drive to several
locations. On top of that, we have to share machines in order
for everybody to have electronic voting equipment.
JUDGE TINLEY: And, at the same time, they will be
paying some reasonably nominal fee for having that electronic
machine available to them?
MS. PIEPER: That's correct. And then they will pay
their own programming portion of it and their own ballot
portions of it.
COMMISSIONER LETZ: Do you happen to know which one
of our wonderful Legislature --
MS. PIEPER: No idea. Thev're meetina at 2 o'clock
today, so ...
COMMISSIONER LETZ: -- are responsible for making us
have this special election?
COMMISSIONER WILLIAMS: They didn't offer to send
any money down, did they?
MS. PIEPER: No, they didn't.
COMMISSIONER BALDWIN: Speaking of money, where do
you recommend we get it?
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MS. PIEPER: I have no idea. I e-mailed our County
Auditor, and I've not heard a response back. I e-mailed him
last week.
COMMISSIONER WILLIAMS: What do you have in your
election budget?
MS. PIEPER: I have about 8,000.
COMMISSIONER WILLIAMS: How much?
MS. PIEPER: About 8,000 left, is all.
COMMISSIONER WILLIAMS: You weren't contemplating a
May election?
MS. PIEPER: No, sir, I wasn't.
COMMISSIONER LETZ: On the funding portion, can we
defer that until next week, when the Auditor can look at it
and see if -- 'cause I know that some of the insurance line
items do have some excess, based on his prior conversation.
We've obviously got to do elections, so...
MS. PIEPER: As long as I have your assurance that
y'all won't sue me for ordering something that I don't have
money for.
COMMISSIONER LETZ: Yeah, you -- I won't sue you.
COMMISSIONER WILLIAMS: Would we do that?
MS. PIEPER: Well, I hope not.
COMMISSIONER LETZ: I mean, obviously, we have to do
elections. I mean, but I'd rather -- rather than declaring an
emergency, my preference would be to --
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COMMISSIONER WILLIAMS: Find it somewhere else.
COMMISSIONER LETZ: -- find it.
COMMISSIONER BALDWIN: Let the Auditor find it.
COMMISSIONER LETZ: That's what I'm saying; let him
find it, and do it as a budget amendment at our next meeting.
MS. PIEPER: Okay.
JUDGE TINLEY: Okay. So, we're going to defer on
Item 2?
COMMISSIONER LETZ: Yeah.
JUDGE TINLEY: Anybody have anything further on Item
2? If not, we'll move to Item 3; consider and discuss, take I,
appropriate action to approve the central counting station
personnel pursuant to Chapter 27 of the Texas Election Code.
MS. PIEPER: This is just another formality. We'll
have Nadene Alford as presiding judge and manager. Tabulating
supervisor is Brad Alford. Assistant tabulating supervisor is
Nuvia Cruces, and then the calls to the Secretary of the State
and the web site will be John Trolinger.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
as indicated. Any question or discussion on that motion?
COMMISSIONER BALDWIN: There's a salary on each one
of those?
COMMISSIONER WILLIAMS: Mm-hmm.
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COMMISSIONER BALDWIN: And there's --
MS. PIEPER: Well, the way Eva -- she tries to do
comp time if possible.
COMMISSIONER BALDWIN: And there's a salary on the
first group that we --
MS. PIEPER: Yes, there is.
COMMISSIONER BALDWIN: -- appointed?
MR. TROLINGER: And I take comp time on mine. I
don't take any -- any payment.
COMMISSIONER BALDWIN: When did you ever take comp
time? Don't try to pull our legs, cowboy. So, we're paying
two different groups of folks to run the election, and it's by
law?
	MS. PIEPER:	Yes.	
	COMMISSIONER	BALDWIN: Seco	nd.
	COMMISSIONER	WILLIAMS: Is	that part of your 20,000?
	MS. PIEPER:	Yes.	
	COMMISSIONER	LETZ: Motion	and second. And a third.
	JUDGE TINLEY:	Okay. I did	n't realize you had a
motion;	I just heard th	e second.	
	THE CLERK: I	have a motion	and two seconds.
	JUDGE TINLEY:	All right.	We have a motion and two
seconds,	as indicated.	Any question	or discussion on the
motion?	All in favor of the motion,	signify by raising your
right ha	nd.		
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 4. Consider and discuss approving of the polling
locations in accordance with Chapter 43 of the Texas Election
Code. These are the four locations you were speaking of?
MS. PIEPER: That is correct.
JUDGE TINLEY: Okay.
MS. PIEPER: The four locations, plus early voting
being at the Cailloux Center, and that way we will be with the
Kerrville school and the Kerrville city. Precinct 1, River
Hills Mall. Is that still correct?
COMMISSIONER BALDWIN: That is correct.
MS. PIEPER: Okay. Precinct 2, Commissioner
Williams gets to pick his location, 'cause I don't have a
preference.
COMMISSIONER WILLIAMS: I think my first choice
would be at the Extension Office.
MS. PIEPER: Okay. For Precinct 3, the Cailloux
Center, which will be in with the City and the school as well.
And Precinct 4, Commissioner, I would like to recommend the
Ingram ISD Boardroom. That way, that will keep the City and
the school in compliance by using our machines.
COMMISSIONER OEHLER: Works for me.
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COMMISSIONER BALDWIN: Move for approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for the
polling places as indicated. Any 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: The motion does carry. We'll go to
Item 5; consider, discuss, and take appropriate action to
approve the contract between Kerr County and Image Tek/Edoc
Technologies, Incorporated, and authorize the County Judge to
sign same.
MS. PIEPER: Yes. Gentlemen, back when we were
doing our budgets in October, this is the -- one of the line
items that I had requested funding for and that y'all did
approve, so the money is in the budget. And this is just so
that we can get our new software for our Commissioners Court,
our official public records, fees and collections, marks and
brands, military, marriage records, vital statistics, image
enable. And should the law come down to where we will
continue to have to redact Social Security numbers, this
software will also do that as well. So, I would just like to
get approval on it, and with the Judge to sign it.
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COMMISSIONER WILLIAMS: You said, "should the law
come down." I think I read an A.G. opinion that said you had
to do that, and it gives you 60 days --
MS. PIEPER: Gave a 60-day reprieve. However, the
County Attorney's office, because of their opinion, we are
still redacting Social Security numbers that are coming out of
our office, and we have disabled all imaging on our web sites.
COMMISSIONER WILLIAMS: But this software that
you're asking for would do that?
MS. PIEPER: It will do that.
COMMISSIONER WILLIAMS: And you have the money in
your budget?
MS. PIEPER: I do have the money in the budget.
COMMISSIONER LETZ: Has the County Attorney -- have
you looked at the contract?
MR. EMERSON: I looked at the original contract,
made a number of suggestions and revisions, and I've not had
time to read this, but it's my understanding from Jannett that
those revisions were made.
COMMISSIONER BALDWIN: The -- I was on a conference
call a few days ago in regards to this issue of redacting the
Social Security number, and it was -- several horror stories
came out of it. One of them was -- I believe it was Comal
County, how -- their proposed way to handle this issue of
keeping the Social Security numbers out of the public view.
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They're going to Commissioners Court and asking for 10 new
employees. And that's happening all over the state. There
are some -- there are some Clerk's offices that are completely
shutting down so that they can sit there and go through page
by page, and -- and when someone comes to want a copy of a
document with a Social Security number on it, the clerk takes
that document, makes a copy of it, takes that copy, blacks the
Social Security number out, makes another copy, and hands it
to the citizen. So, there's all kinds of junk going on around
the state about that, and I think that our clerk has hit upon
the answer to the whole problem.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER BALDWIN: And since the A.G.'s opinion
came out, or the -- two-week stay, was it, or something?
JUDGE TINLEY: 60 days.
COMMISSIONER BALDWIN: 60-day stay. That supposedly
there was going to be -- you know, the lawyers were lined up
outside the door. Supposedly, there's all kinds of lawsuits
filed now, and just -- the thing's really turned into --
MS. PIEPER: I have a company after me right now.
COMMISSIONER BALDWIN: What?
MS. PIEPER: I have a company after me right now,
but we're handling them.
COMMISSIONER BALDWIN: Well, just tell them no. But
I think what she's talking about doing -- and John seems to
z
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think that it'll work, right?
MR. TROLINGER: Yes, sir, it will work.
MS. PIEPER: John and I sought out five companies,
and this was one of the requirements that we had requested,
'cause we figured somewhere down the years, it would lead to
this.
COMMISSIONER BALDWIN: Even though -- even though in
your computer program, you can go in and black out the Social
Security nlymber, isn't there -- isn't there Social Security
numbers throughout a document in several different places?
So, you have to physically go from one and really read that
thing close to find the others. And --
MS. PIEPER: Right now we do for sure, yes.
COMMISSIONER BALDWIN: Yeah. And you're going to do
that yourself?
MS. PIEPER: Well, this software will also pick up
O.C.R., which is handwritten for the older documents, the
handwritten documents that have the Social Security in it, as
well as the typed.
JUDGE TINLEY: What about driver's license numbers?
MS. PIEPER: I think if we ever get to that point,
we'll probably be able to do that as well, but I don't know
for sure.
JUDGE TINLEY: If the Social Security number sticks,
I'll bet you the driver's license is right behind it. I don't
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know that it's going to stick. There's a lot of -- there's --
I know that the District and County Clerk's Association,
through a good lawyer friend of yours, Mr. Herb Bristow, --
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE TINLEY: -- who you'll recall with great
fondness, I assume, has weighed in on their behalf with a
rather lengthy brief asking the A.G. to reverse or withdraw
his opinion. Like you say, there's several of them lined up
to sue so they can get it into the courts and get an opinion,
'cause there's so much of this stuff that's already out there.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE TINLEY: It's already in the public domain.
COMMISSIONER BALDWIN: The thing is, you know, after
hearing all those horror stories and, you know, the guy
saying, you know, we've got to hire a bunch of people and
there is a crisis and all this stuff, I think we're on the
cutting edge of the deal. I think we're way out in front of
most other counties in the state.
COMMISSIONER WILLIAMS: Sounds that way.
JUDGE TINLEY: John, you've been in on reviewing
this -- this equipment to accomplish this purpose that was
originally placed in her budget this past year?
MR. TROLINGER: Yes, sir. We're -- we're ahead of
the curve a little bit. In other ways, we might have done
this a little bit earlier, gone to this new software. But we
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consider as many different options as possible. Now, the
technical problem of being able to redact numbers from
documents is twofold. Number one, we can have O.C.R., optical
some of these pages so that they can be looked at by the
person so that they can be blacked out electronically, and
that stops us from altering the original document. But it's
my opinion, and I've told this to Jannett, and our vendor
agrees -- our future vendor, that each page -- each document
actually needs to be looked at by a person in order to insure
that these numbers have not been written or marked on the --
on the document in some way. That's -- the technical solution
is fine, but the end result is, we're going to have to look at
every one of these pages before they're provided -- open to
the public again.
COMMISSIONER BALDWIN: Let me ask you a question.
Let's say -- let's say I have a document and all the little
lines are filled in, et cetera, and someone has actually
hand-written a Social Security number somewhere. Will the --
will the software find it? Or that's really not my question.
My question is, how do you go about blacking that out?
MR. TROLINGER: The operator that is looking at that
~ page has a tool that they use that puts another image on top
of that particular block.
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COMMISSIONER BALDWIN: So you can go anywhere on a
form, even if it's out in the margin?
MR. TROLINGER: Yes. Same as using an electronic
highlighter, --
COMMISSIONER BALDWIN: Okay.
MR. TROLINGER: -- basically. And then there's an
image over the top of the original, so the original has not
been changed. But when someone also goes to view it that
doesn't have access to redacted information, they can't see
it.
COMMISSIONER BALDWIN: Cool.
MR. TROLINGER: So, the original's intact.
COMMISSIONER BALDWIN: Now, in regards to the
District Clerk, we're operating under a little different deal,
aren't we?
MR. TROLINGER: It's my understanding that they're
not affected by the ruling.
COMMISSIONER BALDWIN: Because they -- everything
they have is either protected or is totally open to the public
or something like that?
MR. TROLINGER: The District Clerk told me, because
of the -- that they were court records, that there was a
fundamental difference between the two, but I don't know all
the details. But I did check with her to make sure we didn't
need to --
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COMMISSIONER BALDWIN: I bet you did.
MR. TROLINGER: -- redact, and we do not from what I
understand right now.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: So, if you put this into
your mainframe, it's going to be isolated just to the County
Clerk's -- for the County Clerk's needs, and won't be
available to anyone else?
MS. PIEPER: The document --
COMMISSIONER WILLIAMS: Correct or incorrect?
MS. PIEPER: The document -- it just depends on how
the user is set up. If I -- if John -- you know, if I have my
user ID, then I can see the complete document as it was
originally submitted. But for, like, your password, you would
not be able to see it until we get everything redacted.
COMMISSIONER WILLIAMS: Okay.
MR. TROLINGER: And --
MS. PIEPER: Go ahead.
MR. TROLINGER: And, actually, the -- the -- one of
the goals of this project is to store all the data offsite
hosted by the vendor via this annual maintenance, which means
that a complete copy is stored in Waco, is where the location
would be, at -- in a secure data center. But in -- in turn,
public access that's allowed, such as Commissioners Court
records, would be available via the Internet and via direct
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access at the public terminals to the public. But it all --
it all rides on what access level that user's granted. So,
once the records are redacted, then we can have that security.
Right now, we do not. And to -- to finish that project, I
think we're looking at sometime next year.
MS. PIEPER: That's possible.
MR. TROLINGER: Next summer before that'll be
complete. So, there'll be two copies, one here and one -- one
at the backup data site, with access based on user security
level.
COMMISSIONER WILLIAMS: Okay. Based on user
security level. So, you put it in the server, and if the
District Clerk had a need for it, it would be available to the
District Clerk, or if the Sheriff had a need for it, it would
be available for the Sheriff as well?
MR. TROLINGER: Yes.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: John, the -- the original purpose for
which this money was placed in the budget was to put in a
system whereby these records could be made available to the
public on a total scale basis, virtually, depending -- except
for those that are by law confidential, such as birth and
death and so forth. Does this equipment solve that original
part of the purposes for -- for which it was intended?
MR. TROLINGER: It does, and it also accomplishes
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getting the plats scanned.
JUDGE TINLEY: Okay.
MR. TROLINGER: Made electronic. The vendors
actually wanted to set up and test that portion of the system
even before the contract signing, and we've already started
that -- that process.
JUDGE TINLEY: Okay.
MR. TROLINGER: So, yes, it does -- it does achieve
all the original objectives back in October that we said, and
more.
JUDGE TINLEY: And, in addition, it gives you a
vehicle by which you can utilize it to handle this Social
Security confidential record ruling. Okay.
MS. PIEPER: Right now, we're using The Software
Groups's, and they're Ableterm, and in time they're not going
to service the Ableterm, so that is another reason we have to
have this. This is what started it.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I make a motion we -- approve
the contract? -- approve the contract between Kerr County and
Image Tek/Edoc --
MS. PIEPER: Edoc.
COMMISSIONER LETZ: -- Edoc, to authorize County
Judge to sign same. Pending formal approval by the County
Attorney, if you'd look at it one more time, 'cause you did
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24
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have the changes recommended.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion on that 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: The motion carries. Anything
further, gentlemen? Hearing none, we'll stand adjourned.
(Commissioners Court adjourned at 1:56 p.m.)
STATE OF TEXAS
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 5th day of
March, 2007.
JANNETT PIEPER, Kerr County Clerk
BY: - -~_-------
Kathy B~nik, Deputy County Clerk
Certified Shorthand Reporter
' 3-5-07 cc
ORDER NO. 30170
APPOINTMENT OF EARLY VOTING BALLOT BOARD FOR MAY 12,
2007 ELECTION
Came to be heard this the 5th day of March, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the appointment of the Early Voting Ballot Board as per Section
51.002 TEC, as follows:
Joe Armistead -Judge
Larry Cornett -Alternate Judge
Linda Bowman -Clerk
ORDER NO. 30171
APPOINT CENTRAL COUNTING STATION PERSONNEL FOR MAY
12, 2007 ELECTION
Came to be heard this the 5th day of March, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner OehlerBaldwin. The
Court unanimously approved by vote of 4-0-0 to:
Approve the Center Counting Station Personnel pursuant to Chapter 27
TEC, as follows:
Presiding Judge/Manager	Nadene Alford
Tabulating supervisor	Brad Alford
Asst. Tab. Supervisor	Nuvia Cruces
Calls to SOS & Website	John Trolinger
ORDER NO. 30172
APPROVE POLLING LOCATIONS FOR MAY 12, 2007 ELECTION
Came to be heard this the 5th day of March, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioners Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the polling locations in accordance with Chapter 43 of the Texas
Election Code as follows:
Early Voting Cailloux Center
Precinct I Riverhills Mall
Precinct 2 Agricultural Extension Office
Precinct 3 Cailloux Center
Precinct 4 Ingram ISD Board Room
ORDER NO. 30173
CONTRACT WITH IMAGETEC/EDOC TECHNOLOGIES, INC.
Came to be heard this the 5th day of March, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Contract with ImageTek/Edoc Technologies, Inc., and
authorize the County Judge to sign same, pending formal approval by the
County Attorney.