1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, May 18, 2007 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X May 18, 2007 2 PAGE 1.1 Consider/discuss, take appropriate actions 3 to canvass the special Constitutional Amendment election 3 4 1.2 Consider/discuss, take appropriate action on 5 nomination or recommendation of Kerrville-Kerr County Joint Airport Board that Frederick Vogt 6 be appointed as a member of that board 4 7 1.3 Consider/discuss, take appropriate action regarding reassignment of an existing Ag Barn 8 employee's duties to include work schedule, work location, and consider appropriate salary 9 related to new duties (Executive Session) 9 10 3.1 Action as may be required on matters discussed in executive session 10 11 --- Adjourned 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Friday, May 18, 2007, at 9:00, a special meeting of 2 the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Good morning, ladies and gentlemen. 7 Let me call to order this special meeting of the Kerr County 8 Commissioners Court posted and scheduled for this time and 9 date, Friday, May the 18th, 2007, at 9 a.m. It is that time 10 now. The first item on the agenda is to consider, discuss, 11 and take appropriate action to canvass the special 12 Constitutional Amendment election. I have been provided with 13 a sealed envelope, which I'm now opening, with results of the 14 general election held May 12, 2007. On the Constitutional 15 Amendment Proposition 1 of 1, the early voting, for -- for the 16 proposition, 1,054; against, 53. The results of the ballots 17 cast on election day: For the proposition, 802 votes; 18 against, 80 votes. The total cast for Proposition 1: For, 19 1,856 votes, or 93.31 percent; against, 133 votes, 20 6.69 percent. Apparently, there was one over-vote and three 21 under-votes cast in that election. I guess it would be in 22 order for -- here's copies for everybody, it appears; I'm 23 sorry. In order for there to be a motion that the results of 24 the May 12th, 2007 general election be canvassed and 25 officially approved. 5-18-07 4 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: Motion made and seconded as 4 indicated. Any question or discussion on the motion? All in 5 favor of the motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. Let's move 10 to the next item on the agenda. Consider, discuss, and take 11 appropriate action on the nomination or recommendation of 12 Kerrville/Kerr County Joint Airport Board that Frederick Vogt 13 be appointed as a member of that board. I put this on the 14 agenda so that the matter could be considered earlier than our 15 next regular meeting, and I'll turn it to either Commissioner 16 Williams or Commissioner Letz, whomever wishes to pick up the 17 ball and run with it at this point. 18 COMMISSIONER WILLIAMS: Judge, I put the -- Mr. 19 Vogt's application and his qualifications in support of his 20 appointment in front of the Court this morning. Let's see if 21 I could take just a moment to digest just exactly what it is 22 that the candidate we're recommending has been involved in 23 most of his life before he got to Kerr County -- Kerrville. 24 And his -- his qualifications are, indeed, overwhelming in 25 terms of his accomplishments throughout his -- essentially, 5-18-07 5 1 his military career. Mr. Vogt is in the audience this 2 morning, and I would ask him to step to the podium, if you 3 could, and so we would have an opportunity to meet him, and 4 any questions that you might have before we put the question 5 to the Court. 6 MR. VOGT: Morning, Your Honor. 7 JUDGE TINLEY: Good morning, sir. Pleasure to have 8 you with us this morning. When did you come to the Kerrville 9 area? 10 MR. VOGT: The end of July, last week of July. 11 Middle of the heat wave. 12 JUDGE TINLEY: Okay. 13 MR. VOGT: Came to Kerrville, actually moved to 14 Tierra Linda. That's my home of residence right now. 15 JUDGE TINLEY: Okay. 16 MR. VOGT: We bought the home over a year ago, 17 though. 18 JUDGE TINLEY: Okay. Any members of the Court have 19 any questions or discussion they'd like to engage in with Mr. 20 Vogt? 21 COMMISSIONER LETZ: The only comment I'll make is 22 just that, you know, the only controversial possible negative 23 that I've ever heard about this candidate is that he lives in 24 Gillespie County, in Tierra Linda. The Airport Board is 25 not -- I don't think it's a significant issue. Clearly, 5-18-07 6 1 he's -- he's involved in the community. He goes to church in 2 Kerrville, he shops in Kerrville, buys in Kerrville, and I 3 think we support the Tierra Linda Volunteer Fire Department. 4 I mean, it happens to be across the county line, but that's an 5 irrelevant reason, in my mind, not to support him. I think 6 he's by far qualified, and will do hopefully a great job. I 7 think he will. 8 COMMISSIONER BALDWIN: I'd like to add to that, you 9 know, we hear all levels of government talk about regional, 10 and I see that Mr. Vogt being -- living in another county just 11 enhances the regional type thinking. I mean, it's not a big 12 deal at all. I can't believe that that was a debate in any 13 way. 14 COMMISSIONER WILLIAMS: I agree with you. You know, 15 I think the qualifications that Mr. Vogt brings, if you take a 16 look at it carefully, not only was he a consultant in the 17 aviation business, but he was a director of aeronautics for 18 the Tennessee Department of Transportation. That's the 19 equivalent job as -- as Dave -- what's his name? 20 COMMISSIONER LETZ: Fulton. 21 COMMISSIONER WILLIAMS: Fulton holds here in the 22 state of Texas, and we've had Mr. Fulton at our airport many, 23 many times, and he has been very, very supportive of 24 Kerrville's -- Kerr County's efforts to improve the airport. 25 Any comments you want to make to us? 5-18-07 7 1 MR. VOGT: No. I certainly appreciate you 2 considering this appointment. It's irrelevant to me also. I 3 spend most of my time in Kerrville and Kerr County. I -- as a 4 matter of fact, I -- most people that live in Tierra Linda 5 think they're in Kerrville anyway. So, I've had a wide 6 experience in aviation, and I, too, when I was Director of 7 Aeronautics in Tennessee, dealt with it on a regional basis. 8 This is a gem of an airport. It's well managed. It's -- 9 being a joint airport with Kerrville and Kerr County, it's 10 exactly where you want it to be. I'm just hoping that I can 11 add to that in this three years that -- if I'm appointed, I'll 12 add to that. I promise you that, and be very aggressive in 13 what I do. And I -- and I think with my background, I'll -- I 14 know what questions to ask and I know who to call. And I 15 appreciate your consideration. 16 COMMISSIONER WILLIAMS: I'd move the appointment of 17 Mr. Vogt as Kerr County's appointment to the Airport Board. 18 COMMISSIONER LETZ: Second. 19 JUDGE TINLEY: Motion made and seconded as 20 indicated. Any question or discussion? 21 COMMISSIONER LETZ: Just a quick -- I was thinking 22 as a -- as to how you phrased that. I wonder if that's 23 correct. 24 COMMISSIONER WILLIAMS: Well, rephrase it for me, 25 Commissioner. The words got stuck on the way out or 5-18-07 8 1 something. 2 COMMISSIONER LETZ: I think we're' approving the 3 nomination of the -- 4 COMMISSIONER WILLIAMS: That's right. 5 COMMISSIONER LETZ: -- Airport Board for the term as 6 currently held by Dr. John Davis, and he will be -- he's 7 coming off the board; didn't reapply. That will be in -- I 8 think the 1st of June is when it actually will be effective. 9 COMMISSIONER WILLIAMS: Thank you for that 10 clarification. 11 JUDGE TINLEY: That was your motion, wasn't it? 12 COMMISSIONER WILLIAMS: Exactly. I would have said 13 it if my tongue hadn't got tied up. 14 JUDGE TINLEY: Any question or discussion? I think 15 there's no question but what the credentials and -- and the 16 experience that this gentleman has are just overwhelming and 17 extensive for anything related to aviation. It's just beyond 18 my comprehension why anybody wouldn't want to take advantage 19 of his willingness to serve in any capacity related to 20 aviation and get the benefit of all that experience and 21 expertise. Any further question or comment? 22 COMMISSIONER OEHLER: I'd just like to say that we 23 always look forward to taking advantage of the experience and 24 knowledge of some of the people that tend to move here and 25 retire here, and I really, really look forward to having him 5-18-07 9 1 on the Airport Board. 2 COMMISSIONER BALDWIN: Judge, I want to add one 3 thing. It -- it's not as important to me if the man even 4 knows what an airplane is, but he said the two magical things. 5 "I know what questions to ask, and I know who to call." 6 That's the two most important things in government. 7 JUDGE TINLEY: Anything else? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Thank you, 13 Mr. Vogt, for being here, -- 14 MR. VOGT: Thank you. 15 COMMISSIONER WILLIAMS: Thank you. 16 JUDGE TINLEY: -- being with us today. We wish you 17 the best. We'll now move to Item 3; consider, discuss, and 18 take appropriate action regarding reassignment of an existing 19 Ag Barn employee's duties to include work schedule, work 20 location, and consider appropriate salary related to new 21 duties. This was a holdover item from -- from our Monday 22 agenda. And, initially, I would ask if there is any 23 discussion or anything to be offered in the open or public 24 portion of the meeting concerning this agenda item before we 25 possibly move to executive or closed session. 5-18-07 10 1 COMMISSIONER OEHLER: No. 2 JUDGE TINLEY: At this time, 9:12 a.m., we will go 3 out of public or open session to go into executive or closed 4 session. 5 (The open session was closed at 9:12 a.m., and an executive session was held, the transcript of which 6 is contained in a separate document.) 7 - - - - - - - - - - 8 JUDGE TINLEY: We're back in open or public session 9 at 10:45 a.m. Does any member of the Court have anything to 10 offer with respect to matters that were under discussion in 11 executive session? 12 COMMISSIONER LETZ: Yes, sir, I'll try to make a 13 stab at it. I'll make a motion that we reassign Alyce 14 Davidson to the Extension Office, where she'll be at a 14-3 15 level. That will -- that position will be -- 80 percent of 16 her time we expect to be with Extension; 20 percent of her 17 time will be at booking, or doing the booking for the Ag Barn 18 still. And for that work, a monthly stipend of $200. 19 COMMISSIONER OEHLER: I second the motion. 20 COMMISSIONER WILLIAMS: Booking for Ag Barn and 21 Union Church. 22 COMMISSIONER LETZ: And Union Church. And -- and 23 the -- and, as working for Extension, Alyce will report to Roy 24 Walston as her supervisor. 25 COMMISSIONER OEHLER: Second the motion. 5-18-07 11 1 JUDGE TINLEY: I have a motion and second. Any 2 question or discussion on that motion? All in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Do we have 8 any further business, gentlemen? 9 COMMISSIONER BALDWIN: Well, let me ask you a 10 question now. What about clarity on the understanding with 11 everybody about who is in charge of the Ag Barn now? 12 COMMISSIONER WILLIAMS: Those two gentlemen are 13 going to take care of that. 14 COMMISSIONER BALDWIN: Thank you, ma'am. 15 COMMISSIONER OEHLER: I think that'll be -- we can 16 make that designation in the next meeting, and between the 17 three of us -- well, not the three of us at the same time. 18 That would be an illegal meeting. (Laughter.) But we can -- 19 JUDGE TINLEY: I've got Maintenance, they got the Ag 20 Barn, and we'll get that coordinated. 21 COMMISSIONER BALDWIN: Okay. I just think it needs 22 to be -- 23 JUDGE TINLEY: Sure. 24 COMMISSIONER BALDWIN: -- clear. 25 MS. DAVIDSON: I need to know. I mean, do I still 5-18-07 12 1 try to get someone to work after hours? What do we do? Just 2 leave y'all alone? 3 COMMISSIONER LETZ: Yeah, we'll -- and we're going 4 to -- hopefully Roy's in his office today, and we'll go out 5 there and visit with him, and then we can all meet, have you 6 and Bruce and Roy sit down and make it real clear as to how 7 we're envisioning this working. You need to be in on that 8 discussion, obviously. 9 MS. DAVIDSON: Sure. 10 COMMISSIONER OEHLER: I believe the after-hours work 11 will be designated probably by Tim at the present time. 12 MS. DAVIDSON: Correct. 13 COMMISSIONER OEHLER: And I would -- I would think 14 that you would report to Roy on Monday. 15 MS. DAVIDSON: Okay. 16 COMMISSIONER OEHLER: And that today, you probably 17 can have time to get things -- your personal things out of the 18 Ag Barn office. 19 MS. DAVIDSON: Okay. 20 COMMISSIONER OEHLER: And move forward. And 21 hopefully, it will be positive for all of us, you included. 22 Very positive. 23 MS. DAVIDSON: Correct. 24 COMMISSIONER OEHLER: We're looking forward to that. 25 And -- 5-18-07 13 1 MS. DAVIDSON: I'm sorry I disappointed you. 2 COMMISSIONER LETZ: Well -- 3 JUDGE TINLEY: I don't think it's an issue of 4 disappointment, Alyce. I think, maybe, with trying to get 5 things where they're adjusted, sometimes you don't always get 6 the right fit the first time, and I see that's what maybe 7 happened here. Anything else? 8 COMMISSIONER BALDWIN: Thank you. 9 JUDGE TINLEY: We'll stand adjourned. 10 (Commissioners Court adjourned at 10:49 a.m.) 11 - - - - - - - - - - 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my 16 capacity as County Clerk of the Commissioners Court 17 of Kerr County, Texas, at the time and place 18 heretofore set forth. 19 DATED at Kerrville, Texas, this 18th day of 20 May, 2007. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 5-18-07