1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Emergency Meeting 10 Thursday, March 14, 2013 11 3:00 p.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: JONATHAN LETZ, Commissioner Pct. 3 2 1 I N D E X March 14, 2013 2 PAGE 3 1.1 Consider/discuss, take appropriate action to designate Acting/Interim Animal Control Manager, 4 Charity Fegenbush, as local Rabies Control Authority for Kerr County 3 5 --- Adjourned 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Thursday, March 14, 2013, at 3:00 p.m., an emergency 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good afternoon, ladies and 8 gentlemen. Let me call to order first an emergency meeting 9 of the Kerr County Commissioners Court posted and scheduled 10 for this afternoon, Thursday, March 14, 2013, at 3 p.m. The 11 item on the agenda for emergency activity was posted as an 12 emergency because of a rabies incident that arose, and 13 immediate action is required of the Court because of the 14 imminent threat to public health or safety. The item on the 15 agenda is to consider, discuss, and take appropriate action 16 to designate acting or interim Animal Control Manager, 17 Charity Fegenbush, as local rabies control authority for Kerr 18 County. I think Commissioner Oehler probably has more of the 19 particulars on this, or possibly Ms. Fegenbush. 20 COMMISSIONER OEHLER: I'll let Charity tell you 21 more about it. She brought it to my attention yesterday, and 22 we had the opportunity to take care of it, so I thought we 23 ought to do it. 24 MS. FEGENBUSH: Good morning -- or good afternoon 25 now, huh? 3-14-13 Emergency 4 1 COMMISSIONER OEHLER: Yeah. 2 MS. FEGENBUSH: Well, yesterday we had another case 3 of rabies. This is the second case in 2013, in the last 11 4 days, as well as we actually have an officer on the way to 5 San Antonio shipping another raccoon right now, and we're 6 unsure of what the outcome of that's going to be. But I 7 brought it to Bruce's attention that with Janie's 8 resignation, there is no local rabies control authority in 9 Kerr County right now. It's very important for Kerr County 10 Animal Control to have a local rabies control authority, 11 because we are a licensed quarantine facility. So, the local 12 rabies control authority oversees all rabies quarantines, 13 and -- and enforces the Texas Health and Safety Code 826, as 14 well as the Texas Administrative Code 169, which covers the 15 -- the reports of exposure to rabies, the faculties for 16 quarantining and impounding of animals. Anything that occurs 17 with rabies, the local rabies control authority has the 18 authority to step in and say, "You need to get this animal 19 vaccinated," or, "This is too much of a public health issue; 20 the animal must be put down." Whatever necessary steps need 21 to be taken, that's the duty of the local rabies control 22 authority. I think it's very important for Kerr County to 23 have one. 24 JUDGE TINLEY: And effective midnight last night, 25 we ceased to have that -- that authority -- 3-14-13 Emergency 5 1 MS. FEGENBUSH: Yes, sir. 2 JUDGE TINLEY: -- in your department. And without 3 that, you don't have the authority to, on a mandatory basis, 4 enforce certain of those rabies quarantine and impoundment 5 and the various things that go with that? 6 MS. FEGENBUSH: Yes, sir. 7 JUDGE TINLEY: Yeah, I think we need one pretty 8 bad. 9 COMMISSIONER MOSER: I'm all for that. Question. 10 So -- I'm 100 percent for it; I just need to understand 11 something. 12 MS. FEGENBUSH: Sure. 13 COMMISSIONER MOSER: Is that a -- a mandatory 14 requirement that the County have such capability? Does every 15 county have it? 16 MS. FEGENBUSH: Mm-hmm. Yes, sir. 17 COMMISSIONER MOSER: Okay. So, it's something -- 18 MS. FEGENBUSH: Yes, sir. 19 COMMISSIONER MOSER: -- we're required by state law 20 to have? 21 MS. FEGENBUSH: Yes. 22 COMMISSIONER MOSER: Okay, that answered my 23 question. Okay, I thought that was the case, but I wanted to 24 verify it. 25 COMMISSIONER OEHLER: I move that we approve the 3-14-13 Emergency 6 1 local rabies control authority to our interim -- to Charity 2 Fegenbush, effective immediately. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item, effective immediately. Question 6 or discussion? All in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. Anything 12 else in connection with the emergency meeting, gentlemen? 13 Hearing nothing more, that emergency meeting will be 14 adjourned. 15 (Meeting was adjourned at 3:05 p.m.) 16 - - - - - - - - - - 17 18 19 20 21 22 23 24 25 3-14-13 Emergency 7 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 15th day of March, 2013. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3-14-13 Emergency