COMMISSIONERS' COURfi CONVENED IN WORKSHOF~ SESSION on
Monday, Apr^il 1#, 1997 at :_:~'~~ F'..M. with all officers
and the fallowing dl5c1t5510)l wa~a had:
Item i. 1 Disc~_~ss Antiq~_~ities Law, how it affects 1',er^r
Co~_~nty and the necessity for a Historic F~reservation Offir_er.
4Commissioner^ Pct. #1)
Robby Rector-- addressed the Co~_~r^t that the Antiquities L_aw
affect p~_iblic land only. He stated that he co~_~ld be a .liaison
between the Gottrt and State and the Antiquities Law.
The person that would do this .job would be an agent to do
the paper work and know the Antiquities Law and do
the st~_~dy an the location site. The main mission is to
avoid an archaeology site.
Item i.; Meet with Walter Heard of Groves and Associates
and r^eview par^k plan and grant application process for^ the
Flat Rock LL~1{e F~ark. iGommissioner Fact. #,~)
Walter Heard of Groves and Associates addressed the Co~_~rt
on reviewing the park plan and grant application. The
Commissioners should get letters from the different
schools and from the City of I',errville an .joint use
agreement on the park and this will. give more paints
towards the grant application. The more points
we have the better^ it will make the grant application.
Mr. Heard will get the grant application back to the
Commissioners' for^ them to review.
COMMISSIONERS' COURT WORt°,SHOF' RECESSED AT ?,: JJ F~. M.
F'AGE 1 1 S
Request For Commissioner's Workshop
April 14, 1997
2:00 p.m.
1.) Discuss Antiquities Law.
2.) How they affect Kerr County.
3.) Historic Preservation Officer for Kerr County.
Commissioner's Court
Mr. Robert Rector
1232 Lois Street, Kerrville.
895-4539
TxDOT (Bill Tucker-257-8444)
David Motley, County Attorney
April 14. 1997
Robert R. Rector
1232 Lois Street
Kerrville, Texas 78028
Ph.: (210) 896-4539
Kerr County Commissioners Court
Kerr County Court House
Kerrville, Texas 78028
Sirs:
Enclosed is my request for employment as Historic Preservation Officer for Kerr County, Texas. I realize
that this position does not currently exist within the structure of the current governmental jurisdiction.
However, I feel that Kerr County; with its increasing rate of growth and development, needs such a
position to deal with Federal and State regulations which are primarily concerned with destruction of
archaeological sites on public and private land. Under currently law, private lands are not subjected to
State review. However, "political subdivisions" (such as counties and municipalities) are included in
these statues.
Enclosed with this application are (1) this letter of request for employment, (2) the duties of a Historic
Preservation Officer, and (3) my vita (or resume) with my listing of experience for employment.
If references or letters of certification are needed, I can furnish you with recommendations from the Office
of the State Archaeologist, Texas Historical Commission, Texas Archeological Research Laboratory, and
the Center for Archaeological Research I have worked with all of these organizations and they stand
behind me in my endeavors.
My concern is to aid the county, save it money within the guidelines of the law, and promote
archaeological awareness. In addition, I wish to be a representative of Kerr County's efforts to promote
conservation and respect for our past.
Respectfully,
~~~
Robert R. Rector
THE ROLE OF A HISTORIC PRESERVATION OFFICER
1. LOCATION AND REGISTRATION OF HLSTORIC AND PREHISTORIC SITES WTI'HIN
COUNTY RIGHT-OF-WAYS AND ON COUNTY LAND.
Bt conducting field surveys and identifing unknown historic or prehistoric resources within the
jurisdiction of the county or city, efforts can be made to avoid these sites before pipeline installation, road
development, or other destructive activities can occur. These sites can be plotted for future avoidance
when construction is planned.
2. COMMUNICATION WITH THE OFFICE OF THE STATE ARCHAEOLOGIST AND THE
TEXAS HISTORICAL COMMISSION.
State laws and legislations are in a current state of change and revisions. New legislation
requires us to be constantly updated as to procedures and guidelines for proper adherence to the laws
concerning archaeological resources. Close communication with these agencies assures compliance w7th
the laws and promotes antiquity concerns with the State.
3, INSURING THAT THE COUNTY ADHERES TO TAE NATIONAL HISTORIC
PRESERVATION ACT OF 1966 (Section 106) AND/OR THE ANTIQUITIES CODE OF TEXAS
(Revised 1995, Section 199.001).
The intent of this legislation on the State and Federal levels was to save important historic and
prehistoric resources from being destroyed by development and construction on publicly owned land. The
designers of these legislations realized that as more destruction was done on private lands, public lands
might be the only source to preserve and study our past. Therefore, protection of publicly owned
archaeological resources was a priority. When Federal or State funds are allocated to aid in County and
City projects, the State is obligated to follow these guidelines and legislation. Additionally, cities and
counties labeled "political subdivisions" are also required to follow these laws.
4. HELPING THE COUNTY ADHERE TO THESE PROVISIONS THROUGH WORKING
WITH COUNTY ENGINEERS AND PLANNERS TO AVOID DESTRUCTIVE ACTIONS
WHICH WOULD LEAD TO COSTLY FINES OR UNNEEDED EXTERNAL INVESTIGATIONS.
There are various methods to be in compliance with the Antiquities Code of Texas and the
Federal Government. Many counties hire archaeological Consulting firms to obtain the necessary
permits, do surveys on public land, review county or city plans, and report back to the appropriate
agencies on the impact damage of the project. Most of these reports require publication for the matter of
record. Cost for this service can range from $2Q000 to over $100,000 depending on the consulting firm,
their number of employees, per diem cost, analysis and scientific testing costs.
The Antiquities Code (Texas Antiquities Committee: Rules of Practice and Procedure, Ch. 41:
41.SA) requires that personnel performing these types of investigations (Principal Investigator) must have
(1) a Master's Degree from an accredited institution of higher learning, (2) not have any defaulted
permits, (3) have at least 3 months in a supervisory role, (4) have demonstrated the ability to disseminate
the results of an archaeological investigation and publish, (5) remain on site 25% of the time. (6) pro~~ide
replacement (not applicable in this instance) and (7) testify in cases of controversy or challenge.
5. TO OBTAIN PERMITS FROM THE STATE TO CONDUCT TESTING TO DETERMINE
THE IMPORTANCE OF SITES, THEIR RESEARCH VALUE, AND THE COUNTYS IMPACT
ON ARCHAEOLOGICAL SITES.
All archaeological activities located on public lands where archaeological resources are present
requires a permit from the Office of the State Archaeologist and Antiquities Commission. This is a
simple procedure and can be done with a phone call to Mark Denton who issues a permit number. A
report of findings and an evaluation will be sent to the proper agencies and reviewed. In most cases,
approval for proposed projects may be issued. If significant archaeological resources are encountered,
additional testing will be recommended. This can include contracts with professional archaeological
contracting firms or investigating services to make final determination of the research value of the site.
6. TO BE A SPOKESMAN FOR THE COUNTY FOR ARCHAEOLOGICAL AWARENESS,
EDUCATION, AND INFORMATION.
One of the duties of the Historic Preservation Officer is to be the link between the County and
City governments and the community. This is done through speaking engagements with community
groups, public schools, service organizations and the general public. Through these contacts, the
community will be aware of the conservation involvement within the county and city governments. In
addition, the cooperation between the Sate and Federal levels will demonstrate the responsibility that we
have assumed.
7. TO BE A REPRESENTATIVE FOR KERB COUNTY IN HISTORIC AND PREHISTORIC
RESOURCES IN COMMUNITY, STATE, AND FEDERAL LEVELS.
Through reports of Kerr Counties involvement through published literature, reports and
professional publications, and lectures at professional organizations, the responsibility of Kerr County and
its obligation to its past will be demonstrated. Many municipalities have Historic Preservation Officers
who operate in a strictly bureacratic role of monitoring what contractors do. I propose that Kerr County
could possibly avoid the costly contractors and serve the same purpose.
8. THE REAL GOAL OF A HISTORIC PRESERVATION OFFICER
Historic Preservation Officers are not in place to restrict county or city governments or to cause
them to spend more money that are budgeted for any specific project. The main concern is avoidance of
destruction of existing archaeological resources. This can be accomplished through cooperation between
different governmental planning agencies. Through proper planning, we can accomplish the community
goals without costly fines for violating Antiquities and Federal mandates.
SUMMARY
Increasingly, the destruction of archaeological sites is being noted by the public. With the influx
of more and more people in areas where archaeological sites are located, more destruction is sure to occur.
This is why conservation efforts publicly owned lands is critical. Those sites that are destroyed on public
lands represent the destruction of the only saved resources for the future. In addition, it has been noted
that the public has been active in reporting the destruction of these sites on private as well as public lands.
Once State Officials hear of these violations, the can investigate and subject fines up to $1000 per day for
~zolations of the Antiquities Code. Many counties and cities have elected to hire expensive contract
archaeological firms to insure that these fines are not imposed upon them. However, a much less
expensive option is being used in many places. A Historic Preservation Officer can provide the same
expertise without the costly expenditures on out of town negotiators, permit acquisition, per deim
expenses for out town crews, and costly delays in project deadlines.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Buster Baldwin OFFICE: Commissioners' Court
MEETING DATE: April 14, 1997 TIl~IE PREFERRED: 2:00 P.M.
SUBJECT: (PLEASE BE SPECIFIC)
Workshop to discuss Antiquities Law, how it affects Kerr County and the necessity for a Historic
Preservation Officer.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT
Commissioner Pct. # 1
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 Monday.

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.
ntiqultles d the neCessitY for
Item 1'1 feots Ke ~ tlonn OffyCeY
a Kl torlc Preserva
APr~'l 14' 19g~
Vol. V. page 115