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I N D E X
May 29, 2001 PAGE
--- Visitors' Input 3
--- Commissioners Comments 4
1 .l Pay Bills ~~~ 3 ~ 8
1 . 2 Budget Amendments a '~ `~ ~G~ -- a ~~ ~~ 10
1.3 Late Bi11sa7~D~S _ ~~~~ ~ 27
2.17 Resolution honoring Deputy David B'lleiter
and Deputy George McHorse a ~ ~,3 ~ 7
2.1 Expansion of Juvenile Detention Facility ~ -~~us„ ~ 13
2.2 Update by Kerr County Historica Commi Sion 30
/~.5r.c ~R r D~'(
2.5 PUBLIC HEARING - Revision of plat for Lot lA,
Creekwood IB ~~ .~ Eu S~, ~~/( 35
2.3 Month of May, "Celebration of Ani~~ ®Mo~th" 37
2.4 Presentation by eStrategic Resources, Inc.,
on value of county-wide master plan~~~,s~,:7~~,~~ 39
2.6 Abandonment of lots in Hartshorn Country Sites
Subdivision, set public hearing for ame 50
~~5c'u 5S~ ~~
2.12 Establish Rainwater Collection Incentive '/
Program, set public workshop on same ~ ~1` CJ 56
2.9 Change part-time receptionist position to full-
time receptionist position, Sheriff's De artment 66
a~ ~.~~
2.11 Otilize services of U.T.S.A. Center for Economic _
Development to assist with funding strategy fora 7~~5
Hill Country Youth Exhibition Center expansion 69
2.13 Discuss rules & regulations for cou'~~$y parks 71
2.14 Modification to Subdivision Rules~5 Regulations 81
i X~C<SS~O//
2.16 Set public meeting & public hearing to finalize
adoption of Closed Landfill Inventor y '/~Js~ 84
2.15 Discuss joint acquisition/operation of
Kerrville/Schreiner State Park with City 85
~ i _5G'~35- ~
4.1 Action taken on Executive Session matter 95
~ 70~~
--- Adjourned 97
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On Tuesday, May 29, 2001, at 6:30 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 HENNEKE: All right. It's 6:30 in the
evening on Monday -- 'Tuesday, May 29th, Year 2001. We will
call to order this regular special session of the Kerr
County Commissioners Court. Will you all join me in a word
of prayer, followed by the pledge of allegiance, please?
(Prayer and pledge of allegiance.)
JUDGE HENNEKE: Thank you. At this time, any
member in the audience wishing to address the Court on an
item not listed on the agenda may come forward and do so.
Is there anyone who'd like to address the Court on an item
not listed on the regular agenda? Yes, sir? Come forward
to the microphone, please.
MR. OSWALT: My name is J.B. Oswalt. I live
at 114 Royal Oaks. I realize there's rrut very many original
ideas, but this one has been sticking in my head, and so I
will present this to the Commissioners for their
consideration, if something isn't already being done along
that line. It appears that. Lkie City is yuing to take over
the state park in some sort of arrangement, and I'm
wondering iL iL might not make sense for the County to deed
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over the county part so that that would be a complete unit
down there. Thank you.
DODGE HENNEKE: Thank you. Is there anyone
Couple
of reminders for all you department. heads who are listening
out there. Your budgets are due on June 9. I know you're
all working diligently. I appreciate the effort, and
particularly the people who've come in and worked with me on
their budgets. And let's get them in on time so we can have
a good budget season. Secondly, I'll remind the Court
and -- and address the audience, we do have an Executive
Session scheduled today. That will be at the completion of
all the other regular business. And, with that in mind,
Commissioner Baldwin, what do you have for us tonight?
COMMISSIONER BALDWIN: Well, I have a lot of
things to say, but I'm not going to, because of the sake of
time and crowded courtroom. I'm just going to pass on
everything. Thank you for the offer, though.
JUDGE HENNEKE: Commissioner Williams?
COMMISSIONER WILLIAMS: How about them
Antlers? How come you didn't say that"?
COMMISSIONER BALDWIN: That's Letz' deal.
Tivy fight never dies.
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COMMISSIONER WILLIAMS: Although we haven't
heard the numbers, it does sound like the Texas Arts and
Crafts Fair and the Memorial -- 30th Annual Memorial Day
extravaganza was successful. Saw a lot of good home folks
out there and a lot of folks from far, far places. And
that's good.
JUDGE HENNEKE: Commissioner Letz?
COMMISSIONER LETZ: Anyone that's going to be
in San Antonio Thursday evening, Tivy Antlers will be
playing at San Antonio Athletic Complex. They'll be playing
Smithson Valley. Anyone who hasn't seen their games,
they've been outstanding, some of the best high school
baseball you can imagine. We have a great team, a bunch of
kids that are -- there's really not just one person that's
carrying the team; everyone's stepping up at different
games, doing different things. A ~ot of fun to watch.
They've come from behind in every -- almost every game and
almost every series, and doing an excellent job. This round
is the regional finals. If they win this series, they'll be
playing in the state tournament next week.
JUDGE HENNEKE: Okay, thank you.
Commissioner Griffin?
COMMISSIONER GRIFFIN: I'd just like to say
thanks to the TexDOT folks here in Kerr County. As most of
you probably know, the flood back in October really took out
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a lot of -- of roadside improvements, particularly at the
a barrier that was there to keep cars out of the river.
That project had never quite bubbled up in priority to get
it fixed, and I made a call on Thursday, because of the
weekend coming up and thinking it would sure be neat to keep
the cars out of the river, and Wayne Pehl and crew got out
there and they had it repaired by rriday afternoon. And
there were 15 cars in there on Saturday, and the barrier
kept them out of the river, so that was -- and everybody --
looked like they were still having a good time. So, thanks
to the Highway Department for a job well-done.
JUDGE HENNEKE: Very good. One final note on
my behalf. I want to offer my congratulations to Butch and
Betty Lackey, who celebrated their 50th wedding anniversary
last Sunday. As we all know, Butch is a former County
Commissioner, and he and Betty have done excellent yeoman
work on behalf of all of us in the county, and particularly
in the eastern part of the county. And I was not able to
attend the -- their celebration Sunday afternoon because I
was celebrating my first wedding anniversary, so I'll take
them as a shining example of things to come. My
congratulations to Butch and Betty.
Without any further ado, we'll begin this
evening and we're going to deviate from the regular order a
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little bit. We're going to take up the item that's listed
on the amended agenda, Item Number 17, make a couple of
presentations. We have in the audience -- I'll ask you
gentlemen to come forward -- Deputy David Billeiter and
Deputy George McHorse, Jr. If you all will come up at this
time, I'm going to read these plaques and ask for an order
that they be adopted and presented. First of all,
achievement awards. This award is presented to Deputy David
John Billeiter for outstanding achievement and bravery in
his service to Kerr County, Texas. The second one is
similar; this award is presented to Deputy George R.
McHorse, Jr., for outstanding achievement and bravery in his
service to Kerr County, Texas.
These two gentlemen are outstanding examples
of the superb Sheriff's Department and -- and police -- and
law enforcement force that we have in Kerr County. They are
by no means exceptional. I know that they would agree with
me that the events that caused them to be recognized tonight
and recognized over the past couple of months are simply the
fact that they were in the right place at the right time.
That almost anyone on the force would have acted in the same
way is a tribute to their training and their leadership and
their courage. But, we honor them tonight as symbols of
their service and their ability and willingness to put their
lives on the line so that the rest of us in Kerr County
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might be safe. Do I have a motion to present and award
these achievement awards?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Moved by Commissioner
Baldwin, seconded by Commissioner Griffin, that the Court
present and award achievement awards to Deputy David John
Billeiter, Jr., and Deputy George R. McHorse, Jr. Any
further questions or comments? If not, all in favor, raise
your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Gentlemen.
(Applause.)
(Discussion off the record.)
JUDGE HENNEKE: Sheriff, anything you'd like
to add?
SHERIFF HIERHOLZER: Congratulations. I
think it's all been said, how proud I am, Your Honor, of the
Department.
JUDGE HENNEKE: That was a pleasure. Okay.
Let's turn to the regular order and pay some bills. Is our
Auditor here?
COMMISSIONER BALDWIN: I don't blame him. I
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do have one little, bitty question, and maybe y'all will
know the answer. On Page 1 at the bottom, the
Nondepartmental, the $230, the top -- top one there.
That's -- that's a different number than what we pay every
month. That --
COMMISSIONER WILLIAMS: Charged to a
different line, you mean? Or --
COMMISSIONER BALDWIN: No, different amount.
COMMISSIONER WILLIAMS: Oh.
JUDGE HENNEKE: I think that's due to
increased fuel costs.
COMMISSIONER BALDWIN: So they're going to
increase some on us?
JUDGE HENNEKE: Yes.
COMMISSIONER BALDWIN: Judge, I move we pay
the bills.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
payment of the bills as presented and recommended by the
Auditor. Any further questions or comments? If not, all in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
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JUDGE HENNEKE: Motion carries. We have a
few budget amendments. Budget Amendment Number 1 relates to
J.P. 3. Appears that J.P. 3 is asking us to take $26 out of
his Miscellaneous line item and apply it to Part-Time
Salary, probably relating to temporary help in his office.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Moved by Commissioner Letz,
seconded by Commissioner Griffin, that the Court authorize
Budget Amendment Request Number 1 for the J.P. 3 office.
Any further questions or comments? If not, all in favor,
raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 2 relates to County Treasurer's
office. County Treasurer is asking us to take $250 out of
her Employee Training budget, apply to it Conferences, and
to take $500 out of Notices and apply it to Office Supplies
and Postage.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Moved by Commissioner
Williams, seconded by Commissioner Griffin, that the Court
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approve Budget Amendment Request Number 2 for the County
Treasurer's office. Any further questions or comments? If
not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Number 3
relates to County Court at Law, the Jury Fund. The request
is to take $535.50 from the Jury Summons line item and apply
it to the Special Court Reporter.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Moved by Commissioner
Griffin, seconded by Commissioner Letz, that the Court
approve Budget Amendment Request Number 3 for the County
Court at Law. Any further questions or comments? If not,
all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 4 is for Constable, Precinct 1.
Request is to take $20 from the Postage line item and apply
it to Office Supplies. Any questions or comments?
COMMISSIONER BALDWIN: So moved.
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COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Moved by Commissioner
Baldwin, seconded by Commissioner Letz, that the Court
approve Budget Amendment Request Number 4 for Constable,
Precinct 1. All in favor, raise ycur right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Next item is Item Number 5,
which is a budget amendment request for the County Court at
Law Jury Fund from the 198th District Court Jury Fund. The
request is to move $22.50 from Interpreters to the same item
in the County Court at Law. Any questions or comments?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Moved by Commissioner
Williams, seconded by Commissioner Letz, that we approve
line item number 5. Any further questions or comments? If
not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Since we
don't have Mr. Tomlinson here, we don't know about any late
bills, so we'll just drive on. Next item for consideration
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on the regular agenda is to consider and discuss
presentation on an expansion of the Kerr County Juvenile
Detention Facility. Judge? Judge Prohl or Judge Ables, do
JUDGE PROHL: Thank you, Judge Henneke,
statement and -- and turn it back to Judge Henneke. We have
done an analysis of the current status of our Juvenile
Detention Center, and have determined that it is now timely
and feasible for us to add 24 beds to that facility. And,
the key to all this, as we have started out, is that it does
not cost the taxpayers of Kerr County to do this, as they
have not funded this -- this facility, because of the way it
was originally structured. And, just to give you an
example, we have estimated that we're losing about seven
potential residents a week, and to carry that over a year,
that's 2,657 bed days that we are losing at this time. And
that's basically our cachement area; Kerr County and the
cachement area that Judge Ables and 1 serve, and then we
have some, of course, that are not in this area, including
the 33rd Judicial District, which is Boerne, but also
includes Gillespie County.
1'he key to that is that we can expand the
29-bed facility, and with the current number that we're
turning down, the projections over the next 10 years, we can
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immediately fill 89 percent of the bed space that would be
available without any -- any attempts -- any advertising,
just on the demands that we have new. And, so, I know that
Judge Henneke has met with the architect and has met with
County buying that facility, but if we do that, then the
taxpayers go on the hook, and the Juvenile Board was
absolutely opposed to the taxpayers being faced with
incurring any of this indebtedness since it is a
self-supporting unit and has been from day one, and
continues to be and will continue to be.
So, from that point, we encourage you to take
the recommendations that are going to be made, and Judge
Henneke is much more -- more articulate about that since
he's been meeting with all these people. Judge Henneke, if
you would present it, I'd appreciate it.
JUDGE HENNEKE: The facts are as Judge Prohl
laid out. The facility was built in 1995 -- opened in 1995.
It was designed to fill the need at the time. As we all
know from recent census figures, Kerr County grew
20 percent, Bandera County grew 67 percent, and Kendall
County grew 62 percent. These are all within what we'd call
the primary cachement area of our detention facility, in
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that they are counties that are served by Judge Prohl and
Judge Ables. The expansion that we are embarking upon is
designed to continue to enable the facility to serve the
It happens that right now is a favorable time
to do it, as far as bond ratios and financing rates. As I
explained to you in a memo I passed out, which is in your
packet, we're able to refinance the existing debt, incur the
indebtedness for the expansion, and lower our payments by
some $7,000 to $10,000 a year because of the favorable
financial rates that are available now. The involvement of
the Commissioners Court is to create another public
facilities corporation, which would be used to acquire title
to the facility from the existing public facilities
corporation, and this is the dance that's dictated by the
esoteric laws of public finance within the state of Texas.
And, if anybody has any problems sleeping, they're welcome
to call me tonight; within about 10 minutes of my
explanation of public finance, you'll be sound asleep. But,
the Juvenile Board has met two or three times with our
financial adviser, and the output is that this is certainly
the way that we recommend we proceed.
We're all proud of the Juvenile Detention
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Facility through the programs that are offered out there.
It's the finest public juvenile detention facility in the
state of Texas, in my opinion. We are one of the very few
facilities that is a certified sex offender treatment
facility; we're also a certified drug and alcohol abuse
treatment facility. We offer -- we offer after-detention -
after-program-completion therapy, after-program-completion
monitoring. The focus at the Detention Center is and always
has been to treat the children, and not to fill the beds,
and I think the fact that we have such a demand is a tribute
to the programs which Tanna Brown and Peter and Mike offer
out at the -- out at the facility, and Dwight and all of the
staff.
The timetable is fairly ambitious. Because
of the current nature of the financing, in order to
refinance and accomplish this, we have to do this by
February 1st of 2002 or wait another year. And, it doesn't
make any sense to us to wait another year. The timetable is
doable. We just have to get started at this time and
proceed down the road. At this time, I think it's best to
see if anyone has any questions, either for myself or Ms.
Brown or Judge Ables and Judge Prohl.
COMMISSIONER WILLIAMS: Judge --
COMMISSIONER LETZ: Go ahead.
COMMISSIONER WILLIAMS: No, go ahead.
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COMMISSIONER LETZ: What is the timetable? I
JUDGE HENNEKE: This is to bring the Court up
to date, and first meeting in August, we'll have to
authorize the creation of the special facility corporation.
And, once that's done, really, the Commissioners Court
involvement is through, but then the Juvenile Board and the
new facilities corporation will have certain benchmarks of
time when they have to approve the offering, they have to
get the Attorney General to sign off on the bonds, they have
to put out the bond offering. And, because of the way the
financing is set up, we have to basically sell the bonds by
the lst of November so that we have the cash in hand by
December lst, so that we can give the required 6U days
notice to the current bond holder of our desire -- of our
intent to pay off the existing bonds on February lst.
That's all driven by the February lst timetable. You start
there and you move bacY..
That's why we started discussions today with
the architectural firm of DRG out of San Antonio, Wayne
Gondeck in particular, who is very experienced in public
facilities. He designed the new jail in Medina County, he
was involved in planning the jail facility in Bandera
County, as well as several juvenile detention facilities
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around the country -- around the state. I've talked to the
judges in three of those counties, and they come highly
recommended. Wayne Gondeck used to be a staff member at the
Texas Jail Commission, so he's very familiar with the ins
and outs of the rules of how we go forward. He will be able
to help us in coming up with a number which will have to go
into the refinancing.
COMMISSIONER LETZ: Final, I guess,
question -- you may not know it off the top of your head --
is how much money the facility made for the County last
year. I believe the facility usually operates in the black
quite a bit.
JUDGE HENNEKE: It doesn't really -- this
past year, we have actually --
COMMISSIONER LETZ: Or it hasn't cost --
JUDGE HENNEKE: We operated slightly in the
red. We have managed to build up a slight surplus in the
three years that we've been operating it, but we don't yet
have anywhere near what we need as far as a comfortable
operating reserve. The County maintains approximately, you
know, 25, 3U percent operating reserve.
COMMISSIONER LETZ: Right.
JUDGE HENNEKE: I don't -- we're nowhere near
that. So, we do manage the facility very well -- Tanna
Brown does. We don't, Tanna does. And, it operates as --
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as efficiently as is possible. One of the things that the
Juvenile Board has done is to authorize a rate increase
effective October 1st, which will bring the rates that we
charge more in line with the rates that are charged for
comparable facilities throughout the state, and that will
enhance our cash per diem.
COMMISSIONER BALDWIN: Some of us around here
can remember when it was privately owned. We've come a long
ways, guys. A long ways.
COMMISSIONER WILLIAMS: I believe you
answered one of the questions I had. In effect, you're
doing a total refinancing, new debt to build the new wing or
whatever it is, new facility, and total refinancing of
existing debt rolled into one; is that correct?
JUDGE HENNEKE: That's correct.
COMMISSIONER WILLIAMS: At a lesser bond
rate?
JUDGE HENNEKE: That's correct.
COMMISSIONER WILLIAMS: The second thing is
that the number of beds that you anticipate, coupled with an
increase in the beds per diem, will more than adequately
take care of your anticipated expense and costs of the bond
costs?
JUDGE HENNEKE: Yes, and Tommy has worked
with us with those figures. He's comfortable with them.
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COMMISSIONER LETZ: If there is a -- a
shortfall, where does the money come from? Who
ultimately -- I mean, it's a corporation; doesn't really
have any assets other than the facility, correct?
JUDGE HENNEKE: Any shortfall would have to
be made up by the Juvenile Board, and in conjunction with
the money they get from the State and the money that they
receive based on the contracts that they have with the other
counties. We're operating the facility.
JUDGE ABLES: Have to raise our fees.
JUDGE HENNEKE: Yes, we'd basically have to
raise the fees.
JUDGE PROHL: We're raising the fees for
everybody but Kerr County; Kerr County has a discounted
rate, if you will, and it will remain the same, although
everyone else is going up, so we're trying to work it so
that the County receives that benefit.
COMMISSIONER LETZ: But if they're -- I mean,
if there's -- you have expenses ongoing until you run more
in the red than you have reserved for, where does that money
come from?
JUDGE HENNEKE: It literally comes out of
the -- we have to raise the fees.
COMMISSIONER LETZ: Raise the fees?
JUDGE HENNEKE: We have to adjust --
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JUDGE PROHL: That's one of the things we're
number of bed days that the County will need from year to
year. It depends on the activity of the young people. And,
in Menard County, we are three times over what we budgeted
because of the number of young people that got in trouble
and had to stay for an extended period of time. So, you
know, it's hard to put a figure on that. That's one of the
things we have to talk about constantly, is being sure that
what surplus we've got is maintained in the facility for
that reason. Because, you know, come -- come the end of
July and first of August, when the County is beginning to
run out of money, and they sometimes will pull children out
because they don't have the money to keep them, and
that's -- that's where you run into that question. You got
to be able to carry over those lean months at the end of the
fiscal year.
JUDGE ABLES: The answer is, we don't have
any money except for our reserve, and by frugal management.
Tommy Tomlinson gives us all the report on pretty much a
monthly basis, and when we say we're slightly in the red,
just slightly. We've had some -- we've got staff up where
we want it to be, we've got salaries where we want them to
be. It's just running in the red a little bit, with a --
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with a pretty good reserve. And, we've gone to Tommy and we
said, with this reserve, with more beds, being able to bring
in more revenue, what do you think? And, relying a great
deal on Tommy, that he thinks that it's solvent, it can
handle this project, and it's actually going to be better
for us from a revenue standpoint to have more beds than we
are right now.
JUDGE PROHL: Well, the other thing is -- is
the funding -- the income that's brought in is used to
expand the programs that are available for young people, and
we spend a lot of money doing that, because it's a state-of-
the-art facility, and that also consumes money. And, so,
part of our reserves go there in that process.
JUDGE HENNEKE: Anything else? Tommy, do you
have anything you want to add?
MR. TOMLINSON: I think you covered it. I'm
sorry I was late, but I've been here since 15 till 6:00, and
my watch stopped at 20 minutes after 6:00.
JUDGE PROHL: Amend your budget for a
battery.
JUDGE HENNEKE: Did you have a question?
COMMISSIONER WILLIAMS: I just was wondering
what the ratio of youth from Kerr County versus other
counties in the center.
JUDGE PROHL: I'm going to let Tanna answer

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that question. There's a report.
MS. BROWN: I know that in our preadjudicated
portion of the facility, we were -- about half of our beds,
about 50 percent of our beds were filled with Kerr County
residents throughout the past year. In our postadjudicated,
it's substantially less. We get the majority of those
children from out of county.
COMMISSIONER WILLIAMS: Thank you.
JUDGE HENNEKE: Any other questions or
comments? Judge Stacy?
MR. STACY: Gentlemen, I'm -- I was County
Judge when we had the problem with our facility when the
courthouse penthouse was closed, if the judges will remember
that, and the Williams folks took this project on. I have
no objection to the expansion of the facility. I have an
objection to the ownership. As I understand it now, the
ownership resides in the members of the Juvenile Court,
which is the County Judge and the two District Judges. In
my opinion as a taxpayer, it should be in the hands of Kerr
County Commissioners. They should be the owners, and not an
offshoot corporation. You just heard -- you should know
about the financing. You should have a statement of the
financing, of the income and the out-go, and salaries. The
salaries are all handled by the County.
You have a sign out there that says that it's
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"Kerr County Detention Facility," and why it is in a
corporation by these three men, I do not know. That was set
up after I left the County Judge, and I think that's wrong.
And, obviously, you have a problem. If it was owned by the
County, you would have no problem financing it, 'cause it
would be on the County's credit, bond issue. So, I would
strongly suggest that the County Commissioners take this
back in under the County, 'cause ycu -- these three men can
deed it to the County tomorrow. They could have done it
today if they wanted to, 'cause they own it, and I don't
think that's proper and right, 'cause the County -- it's a
County facility. It's a County-run facility, and you're --
you're sitting here and having to ask the questions about
the finances, and you should know it, 'cause it's your
responsibility.
When I was Judge, I asked that very same
question, about will the County ever have to take this over
if we kiss those bonds -- those bonds would be tax-exempt.
And, we got an opinion from our County Attorney then, no,
because he had consulted some Waco attorney. We paid
$5,000 -- or the Williams group paid $5,000, and that's
the -- the result they got back. Well, now the County's
running it, so that was wrong. And Bob Henderson said he
was against us kissing those bonds in those days then. So,
the County should run this facility. The Juvenile Board
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should deed it back to the County. It should be a Kerr
County facility run by Commissioners Court. Thank you.
JUDGE HENNEKE: I just want to clarify one
thing Judge Stacy said. Kerr County is not responsible for
the financing at this time, and will not be under the
refinancing.
MR. STACY: That's what I'm saying.
JUDGE HENNEKE: By the same token, Kerr
County is not liable, either, for the debt obligation for --
or for any potential liability that might arise out of the
operation. And, if you stop and think about what the
facility does, which is to deal with the most troubled of
the youth in our communities, that may not be a liability
that the County wants to incur directly, or indirectly. I
think the mechanism that is currently being used and the
mechanism that is proposed is the best way to handle this
situation. The Board of Directors of the public facility
corporation is appointed by the Commissioners Court, and
only by the Commissioners Court. When our term expires, you
all either -- we all either -- you all -- we all either
reappoint us or we find someone else. So, the management of
the facility is directly and indirectly overseen by the
Commissioners Court. So, I take difference with Judge Stacy
and his suggestion that Commissioners Court is not a part of
the structure of this organization. I think it's an
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appropriate structure, because, again, it allows us to have
the benefits of this excellent facility without having the
liability that comes with operation of such a facility.
MR. STACY: If I may make a remark to that,
one of the reasons why we shut down the penthouse jail was
'cause Judge Ables was afraid of a liability suit.
JUDGE HENNEKE: That's enough. We're not
dealing with the past. We're dealing with the present.
MR. STACY: Well, who would pay for the --
the liability would be encountered by the County either way.
If you were sued, as a member of that group, you'd go and
have the County Attorney --
JUDGE HENNEKE: I would not. I would not.
We just had a lawsuit filed that involved the Detention
Facility, and we did not use County funds and we did not use
the County Attorney.
MR. STACY: So you reached in your own
pocket?
JUDGE HENNEKE: No, we used the surplus that
we are trying to build up out there for operations.
COMMISSIONER BALDWIN: Nice to see you again,
Bill.
JUDGE HENNEKE: Anything else? Okay. We'll
move on. Thank you, gentlemen. We appreciate it. Tommy,
we did your bills. Do you have any late bills you need to
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have us work on this evening?
(Discussion off the record.)
MR. TOMLINSON: I came out in the hall and
Glenn Holekamp said, "Where have you been?" I says, "In my
office." I said, "What time is it?" I still have 6:30.
JUDGE HENNEKE: Are there any late bills that
you need us to take action on?
MR. TOMLINSON: I have two. One is to
Walmart for $58.82, and the reason we're bringing it is to
not -- it's due on the 11th of next month, which is our next
court day, and we have a late charge on there if we don't
pay it -- approve it now.
JUDGE HENNEKE: What is this for? Who's this
from, which department?
MR. TOMLINSON: It's for Road and Bridge.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Moved by Commissioner Letz,
seconded by Commissioner Griffin, that the Court approve
payment of a late bill to Walmart in the amount of $58.82
for Road and Bridge Department and authorize a hand check
for same. Any further questions or comments? If not, all
in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
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JUDGE HENNEKE: Mot-on carries. Number 2.
MR. TOMLINSON: The second one is -- is for
-- is also to Walmart for the same purpose; it's for $13.01,
and it's for -- for the Sheriff's Office.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court
authorize a late bill in the amount of $13.01 payable to
Walmart on behalf of the Sheriff's Department, and issue a
hand check for same. Any questions or comments? If not,
all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries.
MR. TOMLINSON: The last one is to City of
Kerrville for $122,878.92, and it's for a half -- one-half
of the reimbursement for T-hangars for the project. I
received this bill today from Megan Caffall.
JUDGE HENNEKE: Okay.
COMMISSIONER GRIFFIN: What was the total?
MR. TOMLINSON: $122,878.92.
COMMISSIONER GRIFFIN: That's about -- so
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moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Moved by Commissioner
Griffin, seconded by Commissioner Williams, that the Court
authorize a late bill in the amount of $122,878.92, payable
to City of Kerrville for our share of the T-hangar
construction and issue a hand check for same. Any further
questions or comments?
COMMISSIONER BALDWIN: Is that total?
COMMISSIONER GRIFFIN: No, that's not, but
that's -- I think that billing was supposed to get just
about everything. There will be some -- a very small amount
left, so we're a little under budget, if that's true.
JUDGE HENNEKE: Budget was $160,000, so
unless they come up with another $38 thousand in requests,
we -- we're under. And I want to thank the City, too, for
negotiating the deal with us where, rather than have us put
up the money up front, they bill us and we agreed to pay the
invoices within three business days. It's worked out very
well. All in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
MR. '1'OMLINSON: Did you do the budget
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amendments?
JUDGE HENNEKE: Yes, sir.
MR. TOMLINSON: Okay. Number 5 replaces Item
2.8 on the agenda.
JUDGE HENNEKE: Okay, good.
MR. TOMLINSON: So you don't need to visit
that again.
JUDGE HENNEKE: All right. Thank you. The
next item for discussion is Item Number 2, update by the
Kerr County Historical Commission on the Oral History
Project. Clarabelle Snodgrass. Welcome.
MS. SNODGRASS: Thank you, gentlemen. I'm
glad to be here this evening. It's been a while since I've
appeared here. The Oral History Project is now about two
years old, little over, which is something that I had wanted
to be started about five or six years ago, but we had to
wait for a lot of things to happen and a lot of people to
get together. And, finally we are sort of organized now,
and so I've brought you the update on our present status. I
believe we've completed 96, I believe it is. Ann Bethel,
who is the girl that does the videoing and putting all of
this together, has done a good job on bringing this --
getting this ready for you. We have been fortunate in
getting some nice people to come to our oral history room to
be interviewed. For instance, 1'll name one or two; it's
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varied. I'm the one who has been kind of getting the people
together and trying to reach diffex:ent things in the county.
We had Mr. J.M. Auld, rancher out on the
Divide, and from one of the long pioneer families out there.
I was trying to find something about the screw worm
eradication program. Well, he was born in 1933, and this
program was going on about then, but he did know a lot about
it and did some fine explanations about it, and so we were
thankful for that. We've gotten other ranch men, like Jack
Croft, who has traveled all over the world in the interests
of the sheep and goat industry, the world mohair industry,
and he gave us a fine resume of some of his work. I haven't
talked to him since he got back from Peru, but we got a lot
before that. His wife, Walladean, worked with the National
Wool Growers Auxiliary for about five years, and to make it
with wool contests, where it -- sometimes we'd have 10,000
girls a year in that contest, and each year the 50 finalists
from all over the country would appear at the national
convention, and she coordinated those things. For several
years we had the office here in Kerrville, and we did a lot
of work. We had a lot of ranch gals that helped out with
that.
We got Mr. Clyde Jones, who was one of the
early men with the radio station. Mr. Louis Heimann, who
drove for the bus company for 40-something years.
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Mrs. Cybil Sutherland, who taught longer in the Kerr County
schools than any other teacher, and she has a journal that
she started, oh, 40 or 50 years ago or maybe longer, that
she's brought everything up to date, and I could not get
over one person having that much information.
One of the nicest things we did get to do was
when we did the James Kerr marker out here last December,
and we learned of some of the Kerr relatives that we'd never
heard of until about two weeks before that occasion. A
great granddaughter from over at the lake came over, and she
brought letters that James Kerr had written to his brother,
Richard, in New Mexico back, like, 1824 and through those
early years. She allowed us to copy those and put those
into our oral history books, into our Heritage Center. Her
husband also came over and was on the program that day, and
the Judge missed that program that day because it was just
two days before Christmas, but it was one of the finest
marker things we've had.
So, through a lot of the ones that we've
gotten, we're just so proud to reach those. I made a list
of 98 people about four years ago to be interviewed, and
about 25 of those have died because of their ages and
illnesses and so forth. I called Bill Stacy one day to let
me interview him, and he said he was too young, but we're
going to get him too. I said, "We're having to come down
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into the 80's and 70's now. But, you'd be surprised at the
amount of information we are getting together on this.
We give a book that has been typed off from
the tape we do to the person. We also keep that -- one of
the copies -- a copy of that in the Heritage Center. We do
a videotape, which, of course, cannot be altered, but the
tape -- the little tape that we do can be edited, and the
person has the right to take out or put in any extra things,
or they also have the right to not use their information if
they so desire. Otherwise, it is there for the public use.
And, we hope it will mean a lot in the future of Kerrville,
looking back at the past, so we're real proud of it. And,
in June we're planning to try to get a few more people
together. There's been too many other things going on
recently to keep it going, but we're -- we're still working
at it and we're very, very proud of it and we're proud of
your helping us out to get started with it, because it's
something long overdue.
I might add, I'm co-chairman on that
said you kind of needed an update on the markers in Kerr
County. He said, "I don't know where they are." I said, "I
know where every one of them is." In April, I spent two
days going from one end of the county to the other, checking
out the markers to see what condition they're in or if we
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needed to do anything. I called Austin, and our Commission
is responsible to do this and check on those occasionally,
which has not been done for about 10 years. I found four in
the county that do need repainting, and I've gotten
instructions from Austin how to do it. All we need is help
to do it. And, as someone said, "Who's paying for the
paint?" I said, "We'll cross that bridge when we get to
it." But, there are several. One -- one marker, the
Sherman Mill marker above Ingram, has been unscrewed from
the base -- the pipe unscrewed from the base and the marker
thrown down the riverbank twice this year. A neighbor
called the Highway Department and they've replaced it, but
the post is badly rusted and it needs some help, too. But,
we're still working on that.
I believe there are 54 markers in the county.
We have about three marker dedications pending right now.
We have some applications out still. And, Mrs. McBride
started this in 1977, and we've continued to get markers
each year, and we're hoping to do a good many more before we
stop. I've been on the Commission 25 years, so that's why I
know where all the markers are. So, there's some rather
detailed things in there of where the markers are, and I
won't go into all that, because the State did do some of
them, too, before we got started. Thank you very much.
JUDGE HENNEKE: Than Y, you. That's a
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wonderful service you all do. I'm just thrilled about the
oral history.
MS. SNODGRASS: Thank you.
JUDGE HENNEKE: At this time, we need to have
a public hearing, which is Item Number 5 on our agenda. At
this time, the Kerr County Commissioners Court will recess
and we will open a public hearing on revision of plat for
Lot lA of Creekwood IB in Precinct 2.
(The regular Commissioners Court meeting was
closed at 7:15 p.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE HENNEKE: Is there anyone here from the
public who'd like to address the Court on the issue of a
revision of plat for Lot lA of Creekwood IB in Precinct 2?
(No response.)
JUDGE HENNEKE: Once again, is there anyone
here who would like to address the Court on revision of plat
for Lot lA of Creekwood in Precinct 2? Seeing no one, we
will close the public hearing and reconvene this regular
session of the Kerr County Commissioners Court.
(The public hearing was concluded at 7:16
p.m., and the regular Commissioners Court
meeting was reopened.)
COMMISSIONER WILLIAMS: Judge, this is a real
simple revision of plat, and last time it was presented, the
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County Engineer and I -- we needed to find out whether or
not there were any deed restrictions that prevented
subsequent revision of or separation of -- splitting up of
the parcel of land. We've determined that there is none.
Is that correct, Franklin?
MR. JOHNSTON: That's correct.
COMMISSIONER WILLIAMS: And I don't believe
there are any other reasons that we need to look into it. I
would move the plat revision for Lot 1A of Creekwood Estates
IB, as presented.
JUDGE HENNEKE: Commissioner, I'm reminded by
our watchdog that action on this is not posted.
COMMISSIONER WILLIAMS: I'm sorry.
JUDGE HENNEKE: So we will have to --
COMMISSIONER WILLIAMS: We're in the public
hearing.
JUDGE HENNEKE: Yes. There is no action item
on the agenda for approval of the revision of plat.
COMMISSIONER WILLIAMS: Then we won't revise
it tonight, then, will we?
JUDGE HENNEKE: No, we won't.
COMMISSIONER WILLIAMS: We'll try it again
another night.
	MR.	JOHNSTON:	I	think	the	plat wasn't
complete.	I think	it will be	on	for	next	time.
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COMMISSIONER WILLIAMS: Sorry about that,
Judge.
JUDGE HENNEKE: Let's go back to Item Number
3, which is consider and discuss declaring the month of May
"Celebration of Animals Month." Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes, sir. Judy, as
you come up, I'd like to -- come up to the podium, please.
I'd like to announce, this is my friend. Judy Phillips, and
any time that you would get a person like Judy and myself
together on an issue -- you can see that we're wanting to
declare the month of May, now that it's June, Celebration of
Animals Month, so -- and I'm really kind of a follower in
this thing. This is Judy's program, and so take her away,
Judy.
MS. PHILLIPS: Thank you, Buster. Good
evening. My name is Judy Phillips, and I'm representing the
Humane Society of Kerrville. About three or four years ago,
we asked that you all declare the third Saturday in April as
Celebration of Animals Day. We would like to ask you to
switch that to the month of May, the reason being, we are in
conflict with Riverside Nature Center's Earth Day, which
falls on the third Saturday of April, as well as the March
of Dimes walk that they have falling on the same day. So,
we started trying to come up with a date that would be
appropriate and not conflict with so many other activities
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going on in Kerr County. And, not being able to arrive at a
specific date in May, I thought, well, maybe we could try
for the entire month of May, which would give us the freedom
to then select a Saturday appropriate for whatever the
respective year is. Thank you.
JUDGE HENNEKE: Thank you. Any questions?
COMMISSIONER GRIFFIN: So, this is for the
future?
MS. PHILLIPS: This is beginning Year 2002.
COMMISSIONER GRIFFIN: Okay.
COMMISSIONER LETZ: Do we have to do them
each year, or can we do it one time?
COMMISSIONER BALDWIN: Do it one time.
JUDGE HENNEKE: Do we have a motion?
COMMISSIONER GRIFFIN: Do you want to make a
motion?
COMMISSIONER BALDWIN: I'd like to make the
motion that we declare the month of May as Celebration of
Animals Month in Kerr County.
COMMISSIONER GRIFFIN: Second. Excuse me,
Judy's my friend, too.
JUDGE HENNEKE: Moved by Commissioner
Baldwin, seconded by Commissioner Griffin, that the Court
declare the month of May in Kerr County to be Celebration of
Animals Month. Any further questions or comments?
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COMMISSIONER BALDWIN: I'd like to comment
that my good friend on the other end of the table, I
replaced him as judging a doggie-dog show one day, and here
I am declaring a whole month. That's how they get you.
See, they get you and suck you into these things.
COMMISSIONER WILLIAMS: But you only have two
days left to go.
COMMISSIONER BALDWIPd: I know. This is
exciting.
JUDGE HENNEKE: Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Thank you,
Judy. We appreciate it. Moving right along, the next item
is Item Number 4, which is consider and discuss a
presentation by Bob Williams of eStrategic Resources, Inc.,
on the value of a county-wide master plan. Commissioner
Williams, do you want to make the introduction?
COMM1551ONER WILLIAMS: Yeah, I will. Thank
you, Judge. And recognizing for my colleagues, before we
even get started, that we have no budget considerations for
such an item at this point, so therefore we're not going to
be talking about how we would get the money together to do

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so. If we have a mind to do so, we can always do that at a
Comprehensive
brought about. We hear and we read all too much about
counties and cities that face major infrastructure and
related crises because their area of growth outstripped
their preparedness, placing them in the unenviable position
of always having to catch up.
Currently, the City of Kerrville, as we all
know, is engaging itself in a comprehensive planning
exercise, and our Commissioner Letz represents the Court on
the Comprehensive Plan Advisory Committee. Conversely, Kerr
County does not have a comprehensive plan, and we are not
working with the City at this point, although it might be a
good idea if someday we decide to do that. I invited Bob
Williams, who I'm going to say right here and now is not a
relationship -- there's no relationship. He's a partner in
eStrategic Resources. I met Bob when he and I were doing
some work on the AACOG Oversight Committee on some of the
projects that they review, and I know that this is some of
the things that he does, and consults the courts and the
city jurisdictions about it. And, I invited him to be with
us tonight to tell us about the value, if any, to a county
to do this.
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Prior to forming eStrategic Resources, Bob
was a Manager of Regional Development for Lower Colorado
River Authority. And, Bob, it's all yours.
MR. WILLIAMS: Thank you, Commissioner. And,
Judge, I'll try to continue to address you as a Judge, not a
member of the L.C.R.A. board who was my boss for sir, years,
I quess.
JUDGE HENNEKE: That's before I got elevated.
MR. WILLIAMS: Before you got elevated, true.
Well, I appreciate the opportunity to come before you. This
has sort of been most of my life in working with the city
and county governments, and I was even fortunate or
unfortunate enough, I don't know which way to say it, to be
mayor of Leon Valley for four years. And Leon Valley was
4,000 when I became mayor; when I left it was 10,000, so
I've had a little bit of experience trying to deal with
population growth and -- and those kinds of issues. But, in
talking to Commissioner Williams, he had asked me to come
before you to sort of lay out a concept of why it's
important to have a master plan. There are a lot of
communities and a lot of counties in the state of Texas who
do not have master plans, who do not really have any kind of
map for the future.
I think now, though, what is beginning to
happen across the state and the counties and in cities is,
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because of the tremendous population growth -- for instance,
the Judge mentioned that Kerr County has a 20 percent
population growth -- that suddenly the items that have been
in place before, the agendas and the -- and all of the
ordinances that have been set up before, all have to be
looked at and questioned because of the sudden growth. Not
only because of the sudden growth, but the nature of that
growth, and what we're talking about in terms of a lot more
young people being put in the midst of our communities, a
lot more folks in different ethnic groups being a part of
communities. And, especially when you look at the state of
Texas, you can see that there is a tremendous growth pattern
all over the state.
When I was working at L.C.R.A. we were
responsible for 52 counties, and it was interesting way back
in 1990, I believe, or '91 when I started, that about 16 of
those counties were losing population. Now, I don't know
what has happened, necessarily, but now when I look at those
statistics again, every one of those 52 counties has grown
at least 5 percent, some of them up to 47 to 50 percent.
So, the population growth is everywhere. It's an issue that
we have to deal with and an issue that the State needs to
deal with.
What I attempted to do was to try to answer
some of the questions related to why have a master plan. I
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think it gives you, as Commissioners Court, the ability to
develop strategies in relationship to all the different
issues that arise. For instance, many communities right now
are trying to deal with what they call "growth management."
How do you handle all the growth that is suddenly coming
into being? The other thing is the whole environmental
issue, now that we're much more sensitive to many
environmental issues in terms of our needs. The whole issue
of water. Where we know that oil used to be the most
important thing in Texas, probably water, in this day and
time, is one of the most important issues.
So, what I've attempted to do is just mention
and go through these things that Commissioner Williams asked
me to look at, and to talk to you about the process, the
process that we usually use in developing such plans as
these. And -- and we just worked recently with the City
of -- of Boerne, and I'm going to introduce Larry Travis in
a moment who works with me on a lot of these different
issues, and several different counties that we have worked
with which I can give you a list of at one point. But,
mainly, what we try to do, first of all, is conduct an
inventory as to what presently is happening. What is the
present status, for instance, of law enforcement and fire
protection? And what is the present status of the
transportation systems in your county? And what is the
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present status of housing? And here we also list airport
and economic development, which is a very large one. All of
these issues need to be addressed in terms of looking to see
what is presently happening.
Then, to relate to the historical data that
we gather at that point, you need to look at the population
growth to understand how the present is being affected by
the population growth. It's also related to state planning.
As you know, we just finished a large plan for the State of
Texas for water, and I know that you were a part of one of
the regions that has a regional water plan. Also, the
regulatory authorities that the counties have need to be
looked at in light of the growth, in light of the projected
plans that you could have.
I could go on and on, and you could see the
way that we're trying to accomplish this. We feel it's
important to have citizen input and staff input into any of
the findings and to any of the recommendations that we make
as we look at all of these different issues. We also try to
say that we believe you need to project probably for the
next two, five, and ten years. Not only what your staffing
is going to be, but what your budget needs are going to be,
what your transportation needs are going to be, what your
water needs are going to be, your wastewater needs. All
these are a part of the development of a strategic -- or a
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master plan. We also -- when you look at the law
enforcement and fire protection, we try to look at the
instances that have already taken place in your county and,
again, project the population, project the possibility of
the future in those particular areas.
We also try to work with the State when you
talk about transportation, because the State has
transportation plans for just about every county, and that
also includes maintenance for rural roads. Where do you
find the money to take care of what you already have? It
also talks about low water crossings. It also talks about
bridges. These are all part of the needs that have to be
addressed. And, certainly, the whole issue of water and
wastewater. I probably don't need to say anything to you
necessarily about that, but with the -- with the Upper
Guadalupe River Authority working with you, I think that
they work in several different areas. Not only water, but
also the wastewater. I believe that they oversee your
septic tank system and licensing at that point. They
also -- we need to look at all of the different people who
are regulatory in terms of water, in terms of wastewater.
And, preservation. You already have a Main
Street Project going that needs to be looked at and
enhanced. But, there again, you want to try to get citizen
input and other input in terms of what do you want to
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preserve and where are you going to find the money to make
sure that you preserve the history that you want and you
need in your county? The airport, I'm presently working
with Hondo on a -- a ramp grant. I understand y'all got a
ramp grant just recently, and I'm also working with them on
an expansion grant, a $5 million grant, because they want to
expand their airport to try to make it an economic hot spot
in Texas, and so I'm working with them. I'm also working
with Bexar County -- Boerne County Sheriff's Department in
terms of setting up a -- a telecommunications system for the
entire county that involves the EMS, that involves the local
police system, that involves the Sheriff's Department, and
-- and involves the fire department. I'm working with some
grants for Bexar County in terms of equipment for the
Sheriff's Department. There are --
(Beeper noise.)
MR. WILLIAMS: Is that me?
MS. PIEPER: No, it's me.
MR. WILLIAMS: I'm sorry. I was going to
say, I thought I took my beeper off. Working in those
areas, which I think are very important. I could go on and
talk about housing. My background -- basically, what I did
at L.C.R.A. was basically to work with economic development
and find the type and the -- of growth that you want, the
type of business that you want to bring in, how you do that,
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how you develop that. It also -- I would be willing to --
and very open to working with other economic development
groups that are already here, such as your Kerr Economic
Development Foundation and -- and the Chamber and different
groups along those lines. So, basically, what I'm really
saying to you is that the need that you have, I think, for a
master plan really comes down to some very simple kinds of
things.
One is it gives you a tool that you presently
do not have. It's difficult to project into the future to
say what is the budget of the Sheriff's Department going to
be five years from now? What should it be? What is the
budget in terms of -- of relationship to what you need to
set aside for water planning and wastewater planning?
That's hard to tell. What's it supposed to look like in
five years? Will you have the money? How much water are
you going to need? Is the population going to go beyond
20 percent growth? All these issues need to be addressed,
but you need to have a tool in place that gives you the
ability to develop strategies for each one of these issues
that you, as Commissioners Court and future Commissioners
Court are going to be addressing. So, what I look at a
master plan for is sort of a guidance tool the Commissioners
Court can look at or City Council can look at in terms of
planning for the future, to make sure that the policies and
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the ordinances are all passed, and how you decide what
policies are important and which ones are not. All come
from this whole process of looking at the value and the
importance of a master plan.
If you give me just a second, I'll ask Larry
to give you a few more ideas. When we looked at Kerr
County, there are a lot of different issues, and I'll let
Larry talk to you for just a second. I know I don't have
much time, Judge. For just a second, talk about -- for
instance, all of this really boils down to a land use plan,
which means that you have to have that land use plan in
place to determine a lot of these things that I have talked
about.
MR. TRAVIS: Gentlemen, thank you. I'll make
it short. There are some planning issues that are unique to
Kerr County, and I'm going to list those. First of all,
Area Number 1 is the county beyond any incorporated
municipality. There is another area, which I call Number 2,
which is the extraterritorial jurisdiction in the city of
Kerrville, which is a planning area of the county and a
planning area of the city, and is one that needs to be
coordinated. There is a third area, which is the smaller
municipalities, unincorporated, and incorporated
municipalities; they have certain requirements, and that's
another planning area.
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I would think that we -- we would
a planning effort going forward there now, and like I say,
that's a dual type of situation where both the City has
subdivision regulations, regulatory authority -- they do not
have zoning authority in the ETD. The County has interests
in that area that need to be coordinated along with
wastewater and some of these things that Bob has mentioned.
So, interlocal communication, interlocal coordination, is a
part of it. And, we would -- we would help facilitate the
work that's going on, because -- and your engineer will
appreciate that. There's a good example of no planning in
San Antonio. Basse Road, which is a major thoroughfare at
Blanco Road, is offset by 100 feet, so the City has spent
thousands of dollars trying to put a signal system in there
that works. It doesn't, and the number of wrecks and
everything is unbelievable, simply because nobody made those
center lines line up. And, that's kind of a basic example.
I'm sure your engineer, when he looks at plats, comes down
hard on that, but that's kind of an example of the planning
issues that we deal with.
MR. wILLIAMS: Any questions, Judge?
Commissioners?
DODGE HENNEKE: Questions or comments?
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COMMISSIONER BALDWIN: Not at this time.
COMMISSIONER WILLIAMS: Thank you very much,
Bob. Appreciate your taking the time, both of you, to come
in and give us a presentation.
JUDGE HENNEKE: It's a timely presentation,
particularly in light of what the City is doing, and
something we need to be cognizant of. I appreciate it, Bob.
Thank you very much.
MR. WILLIAMS: Thank you. Look forward to
seeing you again. Thank you.
COMMISSIONER LETZ: Thank you.
JUDGE HENNEKE: Okay. Next item on the
agenda is Item Number F, which is consider and discuss
abandonment of Lots 13, 14 and 19 and all of Lots 15, 16,
17, and 18 of Hartshorn Country Sites Subdivision found in
Volume 1, Page 68-69, and set public hearing for same.
Franklin?
MR. JOHNSTON: I think it's the intent of
James Avery Craftsman to get all of their property along
James Avery Drive to be in one plat. Right now, it's a
combination of several lots in the Hartshorn Subdivision,
and some acreage. And, in order to tie it -- there he is.
Charlie's back there. In order to tie all this together
with their utilities and all, they -- they would like to
have it all in one subdivision. In doing so, the plats --
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the lots in the Hartshorn Subdivision will need to be
abandoned and then coordinated into this subdivision. I
think it would be a two-step --
COMMISSIONER GRIFFIN: It's step one of two.
MR. JOHNSTON: Two-step process, yeah.
They'd have to go through an abandonment and then replat it.
We have two items on the agenda.
COMMISSIONER GRIFFIN: This requires --
MR. JOHNSTON: Consider abandonment, and
then --
COMMISSIONER GRIFFIN: This requires a public
hearing.
MR. JOHNSTON: Yes, it does. Do you have
anything to add, Charlie, on that?
MR. DIGGES: Just that we're making -- taking
ten tracts and going down to four tracts. We're not
increasing the number of tracts, we're going the other
direction. And, there -- it's really a matter of
housekeeping that we're doing this. We've now discovered
they have some unplatted property on the south side of James
Avery Craftsman Road. And, on the other side is where the
Hartshorn Addition is, and there's been some partial lots
that have been created by past purchasers, and we just want
to clean up the whole thing and try to put it into one
subdivision if -- if possible. That abandonment process
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is -- I hear it takes 75 percent participation -- approval
from the residents. We think we can get that. If we don't,
then we may drop back and -- and do a replat of just the
Hartshorn parcels, and that would be one subdivision, and
then we would still proceed with the acreage tracts becoming
James Avery Craftsman Subdivision.
JUDGE HENNEKE: So, are you saying you don't
have the approval of the owners in one of these subdivisions
of the abandonment yet?
MR. DIGGES: No, not yet. What we're asking
for is preliminary plat approval, with the understanding
that the public hearing would be set for you all to get
their comments, and then in the interim, that we would be
working on the coordination with the landowners there,
getting their written, notarized approval of -- of this, and
then coming back to Commissioners Court. We would suggest
at least a 60-day window in order so that we could have time
to accomplish that.
JUDGE HENNEKE: Seems to me like we almost
have the cart before the horse here. You're asking the
Commissioners Court to set a public hearing on abandonment
when you don't know that you have the requisite legal
approval for the abandonment from the homeowners.
COMMISSIONER LETZ: I agree. I mean, I think
that conceptually, you know, we can get -- conceptually, I
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personally think it's a good idea.
COMMISSIONER GRIFFIN: Sure.
COMMISSIONER LETZ: I think it's -- about all
that you can get from the Court today is if the Court's in
agreement on the -- on the concept, but then I think you
need to go get the signatures and -- you know, in the
Hartshorn Subdivision, and then work on through the
preliminary platting process, you know, do that portion of
it.
COMMISSIONER GRIFFIN: Actually, the way that
could work is -- is you could get the -- use the 30, 45 days
or so to get the signatures, come back to the Court; we can
set the public hearing then, you know, two weeks or four
weeks after that time and do the whole thing, have the
public hearing and then approve the -- the preliminary
replat as well.
MR. JOHNSTON: Probably need to have that
approved before the replays considered. It would be
premature also to do that.
COMMISSIONER GRIFFIN: You have the
signatures, then you could have the public hearing in that
same session. We could also approve the abandonment, is
what I'm saying.
MR. DIGGES: Okay.
COMMISSIONER GRIFFIN: And have the public
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hearing. But you've already got the signatures, you have
the public hearing, we do the abandonment, and -- and
assuming that that abandonment goes through, you could even,
at the same session, consider the preliminary plat then for
COMMISSIONER LETZ: Do it all at one meeting.
COMMISSIONER GRIFFIN: Yeah.
MR. DIGGES: And they're -- they're not
contemplating changing anything in their normal operation,
how they've been conducting themselves out there, the type
of activities that they've been doing. And, the good
neighbors they've been to the folks out there, they're not
changing anything that way. There's not even any -- at this
time there's no additional buildings that are contemplated,
because they're conscious of green space and aesthetics, and
so we're hopeful that abandonment will go well with the
neighbors. But, this is my first time through an
abandonment process, and I'm not aware of what the proper
legalities are and what we can ask for at this time. And,
if just we can get a conceptual nod of approval, then we'll
come back at that appropriate time and -- and ask for a
public hearing.
JUDGE HENNEKE: I think it's safe to say that
the Court is in general agreement that there is no problem
with the concept you've got here, as far as consolidation,
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abandonment, but it's always been our policy that we don't
act on the legal matters such as abandonment until such time
MR. DIGGES: Okay.
DODGE HENNEKE: For instance, we don't
abandon a road until we're presented with a petition that
says that all the road -- the owners who are affected by the
closing are in agreement with the abandonment. We can't set
up a road district until we have a petition from all the
land -- the requisite number of landowners saying they want
a road district.
MR. JOHNSTON: Each owner getting a signed
document, having it notarized that to the effect that they'd
be in favor of this scheme.
COMMISSIONER LETZ: The language -- and,
actually, I believe the language is going to be
"cancellation of subdivision" and "revision of subdivision"
terminology. And, the language in our Subdivision Rules is
straight out of state law, and it gives, I mean, just very
lengthy -- and it's exactly how to do it. Our Subdivision
Rules are very explicit on these two items, as to how it's
done, who -- you know, the timing and the notices,
everything. So, this is -- because our Subdivision --
because it's a very confusing area, we just copied basically
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Section 232 verbatim on those two areas. But, the
terminology, I believe, is cancellation. Cancellation, not
abandonment. And it's under that section under Subdivision
Rules.
COMMISSIONER BALDWIN: But, as far as the
concept is -- as far as the concept is concerned, you're
doing the right thing.
COMMISSIONER LETZ: Right.
COMMISSIONER GRIFFIN: Yeah.
COMMISSIONER BALDWIN: Doing a good thing.
COMMISSIONER GRIFFIN: Good idea.
COMMISSIONER BALDWIN: Good idea.
JUDGE HENNEKE: Okay. Do we want to go on,
then, to Number 7, which is consider the preliminary plat of
the subdivision? Or --
MR. JOHNSTON: I think that's premature at
this time. We can skip that one.
JUDGE HENNEKE: All right.
COMMISSIONER GRIFFIN: But it's good, because
now you can see where it's headed because this is like a
concept plan at this point, right?
MR. DIGGES: Thanks, y'all.
JUDGE HENNEKE: Thank you. Okay. Let's go
to Item Number 12 next, if we may, gentlemen, which is to --
since we have several people in the audience for that one --
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consider and discuss establishing a Kerr County Rainwater
Collection Incentive Program, et cetera, and set a date for
public workshop on the same. Commissioner Williams.
COMMISSIONER WILLIAMS: Lots of things here,
Judge. Commissioner, help me get some of this stuff out.
(Discussion off the record.)
COMMISSIONER WILLIAMS: Take one of these for
yourself. Put one on --
COMMISSIONER BALDWIN: Is this sealed?
COMMISSIONER WILLIAMS: This is what you get
when you go to a workshop on rainwater. Almost daily we
talk and we hear about water, water this and water that.
Water availability, water quality, water diversion, water
conjunctive use, water pumping limitation, greywater, white
water, whatever kind of water, Region J statewide master
plan; you name it, and we're into it. And, somewhere on the
fringe of these discussions occasionally we have learned of
isolated efforts of something called rainwater harvesting.
In reality, we have persons in Kerr County who are not only
proponents, but practitioners of rainwater collection and
utilization. Even though the concept has been around since
the beginning of time, it's now beginning to invade our
consciousness, and that's what we're here to talk about
tonight.
What is rainwater harvesting? How can we do
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it? Why should we, or who should do it? What are its
benefits? Is this just for farmers and ranchers or for
persons living in the county with larger home sites, or can
city dwellers participate? How does local government fit
into this equation? Through the introduction of this
initiative tonight, what I seek to do is put Kerr County in
the forefront of the discussion on this issue by creating
encouragement and an incentive for property owners to engage
in rainwater collection and utilization, thus making
efficient use of our region's limiY.ed and precious resource.
And, what I'd like to do after we have a little discussion
tonight, Judge, would be to set a date for a workshop where
we can clearly consider this and all implications,
ramifications, and the good things that come about as a
result of rainwater collection.
In your packet, I've put together a lot of
things that I've -- I've been able to glean, and the -- and
the program highlights that are presented to you tonight are
updated and taken from a seminar program which was enacted
by Hays County. I recently attended a workshop in San
Marcos put on by G.B.R.A. and L.C.R.A. in Hays County,
talking about rainwater harvesting and its benefits. But,
very quickly, the benefits of such a program to create a tax
-- a tax reduction -- property tax reduction, that's what
the program's all about. For any individual or property
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owner who purchases a rainwater harvesting system of at
least 2,500 gallons or greater, installs it and utilizes
it -- and this would entitle that person to -- to have a
property tax exclusion, if you will, on the value of that
rainwater system. The benefits are free, high-quality water
use, reduces groundwater demand, saves possible water,
electricity, water softener expenses, reduces salt
discharges into the soil, limits runoff while reducing
stormwater, plus fire protection and, of course, peace of
mind.
The criteria would be Kerr County application
approval, either through the U.G.R.A. or Headwaters. I've
discussed this with both Headwaters' Cameron Cornett, and
I've discussed it with U.G.R.A. through the board member
who's out here right now, Janet Robinson, who's here, and I
think Janet has indicated her willingness to introduce the
companion project to the U.G.R.A. Board as well. Criteria
is set out; the 2,500-gallon minimum, an annual application
for approval -- and it's not something that goes on and on
and on. You've got to apply for it, 'cause what we want to
know is it not only have you installed it, but are you
continuing to use it? You got to have sunlight-restrictive
design and insect-proofing and so forth and so on. so,
that's the nature of the program.
With us tonight, in addition, are two of the
. ~ _ . _ _
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people who I've been with on many, many occasions, watched
their system work and watched them install it. I know it
works, and I'd like to introduce to the Court Sandy and
Ronald Pena, who have been here before on other issues.
Stand up, Sandy and Ronald. And, you're welcome to say
anything you'd like to say about it. But, I want to set a
workshop tonight and see if this is a program that Kerr
County would like to buy into.
MRS. PENF1: You really ought to do it. It
makes a lot of sense from an economic standpoint, as well as
preserving the water in the aquifer and the river, and there
really is enough annual rainfall in Kerr County to make it
extremely feasible. But, the idea of financial incentive
will go a long way towards encouraging people to actually
put a system in place and use it. This is a marvelous idea,
and I'm very appreciative that Commissioner Williams took
this ball and ran with it. Thanks.
COMMISSIONER WILLIAMS: Also, a part of that
is -- is a secondary program called Linked Deposit Program
for rainwater collection systems. It's also something that
Hays County, I think, initiated and put into play. And,
very simply, what it is, it enables a property owner who
goes to a local bank to finance the system, the local bank
will agree to give him a break in the interest rate on the
loan. If Kerr County were to have such a program such as

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that, we would put on deposit an amount equal to the amount
that the loan is -- it's not collateral in that sense -- and
the bank gets the benefit of our money working for the bank
and us as well, and the homeowner or the property owner gets
the benefit by reason of a reduced interest rate for the
purchase of this equipment. So, the Linked Deposit
Program -- State of Texas uses them, I believe, in some of
its programs, so it's nothing new to us in terms of its
availability. It's being used in the state right now. So,
I'd like to set a workshop, Judge, where we can get into
this deeper and have plenty of time to talk about it,
examine the merits and demerits, if any, and decide what we
want to do about it.
DODGE HENNEKE: Any questions or comments
from the Commissioners Court?
COMMISSIONER LETZ: The question I have is --
this something I was unclear about. On the property tax
reduction, the value that's being reduced is the value of
the equipment, the rainwater harvesting equipment?
COMMISSIONER WILLIAMS: It really becomes an
exclusion, not an exception. If you went to K.C.A.D. or
any -- any taxing entity, if they agreed to do this, and if
the value of your system is $10,000, it would never be
added, or would not be added to the value of the property.
It would be excluded from the value of your property every
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year that you applied for that exclusion. Only the value of
the system for installation and operation, the cost to you
to purchase and install it, and you have to re-up that every
year.
COMMISSIONER LETZ: I guess -- I mean, I --
that's the way I read it. And my question is, when I watch
them do appraisals -- and I just -- it's fresh in my mind
'cause they happened to be out appraising my house the other
day. I didn't see that they wrote any details down about
anything like that. They have no idea where my water comes
from, and they didn't -- they don't check it. My water
comes from the creek, you know, and I didn't get a reduction
for not having a well. They didn't ask if I had a well.
You know, they didn't -- you know, they just don't ask any
questions, so I just don't know that it's a real
dollar-saving that -- to put before the public, because I
don't think they're doing that right now.
I had to argue with them whether air
conditioning in a hunting cabin was a central unit or a
window unit. You know, and then he said, "Oh, it doesn't
make any difference, anyway." Well, I mean, to me, if they
don't make any difference about that, then they don't make a
difference about this, and I just think it's kind of a false
thing to put before the public that they're going to get
some kind of a tax benefit when I seriously question that
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they are, based on the way they do appraisals.
COMMISSIONER WILLIAMS: I appreciate the
comments. I can't comment beyond that, except that K.C.A.D.
has been given a copy of all this. They said it looked
pretty good, and they said they would be at the workshop.
COMMISSIONER LETZ: I think it's a -- it's a
good -- you know, I'm in favor of this. I think it's --
this type of conservation measure. I think there's lots of
others that we can look at. I mean, conservation is one of
the biggest or best tools we have for water problems, if
there are problems. In some areas there are problems. And,
I'm in favor of this type of approach, but I just want to
make sure it's something real, as opposed to something just
put out there for the press and everyone feels good for
about a day, and nothing really happens.
COMMISSIONER WILLIAMS: I agree.
DODGE HENNEKE: Do you have any statistics,
Commissioner, on how many collection systems are in Hays
County or anything?
COMMISSIONER WILLIAMS: I asked the question
at the workshop here a couple weeks ago, and -- and the
Commissioner who introduced this and pushed it through Hays
County said they don't have a complete year of statistics
because they introduced it at the tail end of a budget
year -- or a calendar year, and they're now into what would
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be the first full year of operation under it. So, he had no
statistics, except to say people have come forward and have
said they want to do it and apply for it. The numbers, I
don't know.
JUDGE HENNEKE: Any other questions or
comments?
COMMISSIONER GRIFFIN: Do you have a date in
mind?
COMMISSIONER WILLIAMS: I was hoping for
maybe after our first -- the afternoon of ours first session
in June. That would be the 11th, I believe.
JUDGE HENNEKE: I might suggest we push it
back to the 25th.
COMMISSIONER WILLIAMS: All right.
JUDGE HENNEKE: For the reason that I think
it might be a little difficult to coordinate everything
within two weeks. That's up to you.
COMMISSIONER WILLIAMS: No, that's okay.
Just so we get it.
JUDGE HENNEKE: The project really is
worthwhile. I think everyone knows that the Lowe's -- the
people who are building the new Lowe's Home Improvement
Center have committed to a rainwater collection system.
And, I believe the school district -- Jonathan, haven't they
committed to looking at a rainwater collection system at the
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high school?
COMMISSIONER LETZ: They said they're looking
at it. I don't know that it goes beyond that.
COMMISSIONER WILLIAMS: While we haven't
moved that far ahead in our own plans for the Hill Country
Youth Exhibit Center, I think we would be remiss if we
didn't do the same thing.
JUDGE HENNEKE: Anyway, I think it's an idea
that's catching hold and, you know, a little publicity and
push may encourage people to take advantage of the program.
COMMISSIONER WILLIAMS: Well, I'll make a
motion, Judge, that we have a workshop on this on June 25th
at 2 p.m.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
schedule a workshop on the Rainwater Collection Incentive
Program for Monday, June 25th, Year 2001, at 2 o'clock p.m.
here in the Kerr County Courthouse courtroom.
COMMISSIONER LETZ: My only comment would be,
would you object if we -- if we had the flexibility to
expand it a little bit, do some other conservation measures
as well?
COMMISSIONER WILLIAMS: Absolutely not,
Jonathan.
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COMMISSIONER LETZ: If we're going to do it,
we ought to talk about whatever's on the horizon in
conservation. And, I am in favor of -- I mean, one of the
things we -- incentives we have is taxing or tax credit or
exemption or reduction. I think if there is some
encouragement, we can do it that way.
COMMISSIONER WILLIAMS: I'd welcome that.
JUDGE HENNEKE: I take that as an amendment
to your motion, that it's for rainwater collection and other
conservation tax incentives?
COMMISSIONER WILLIAMS: Yes.
JUDGE HENNEKE: Okay. Any further questions
or comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
COMMISSIONER WILLIAMS: Thank you, Judge.
JUDGE HENNEKE: Thank you. Okay, we'll go
back to Item Number 9.
COMMISSIONER WILLIAMS: Thank you, Sandy.
JUDGE HENNEKE: Consider and discuss changing
the part-time receptionist position to full-time
receptionist. Sheriff.
SHERIFF HIERHOLZER: What this is doing, I
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know we changed and put a full-time receptionist when I
changed over, and we went to the administrative secretary in
the jail. We have several -- or did have several part-time
doing away with. One ended up being hired as a maintenance
person with the County Maintenance Department, Glenn
Holekamp. We didn't replace that. I just don't replace the
part-time ones. I'll still have two part-time people in the
jail itself, but I'm doing away with a lot of the part-time,
because we can just get so much more out of the full-time
position and not have any employees change everything. And,
this is for the receptionist that's up front.
You have the job description where this
position was there before, with the Nash -- I think we
attached a	job description to it.	The funding -	- according
to Tommy's	office, the funding is	already there.	It's still
left over	from some of the other	part-time that	we're not
replacing. FICA, insurance, everything is all still in
there. We don't have to make any kind of budget additions
or change anything to fund this as a full-time position.
The reason I'm doing it now, the one part-time receptionist
I have now is leaving the department in a couple weeks. So,
without having to go in and -- and either cut somebody's
position, I think this is the time to actually upgrade and
make this change.
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JUDGE HENNEKE: Questions or comments?
COMMISSIONER GRIFFIN: I make a motion that
we approve as submitted.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Moved by Commissioner
Griffin, seconded by Commissioner Baldwin, that the Court
approve changing the part-time receptionist position at the
Sheriff's Department to a full-time receptionist position,
and adopt the job description which is part of our board
book. Any questions or comments? If not, all in favor,
raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: A11 opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
SHERIFF HIERHOLZER: Thank you.
JUDGE HENNEKE: Thank you, Sheriff. I think
this is an excellent time for to us take a little break.
Let's take 15 minutes, return promptly at 10 minutes after
8:00.
(Recess taken from 7:55 p.m. to 8:10 p.m.)
JUDGE HENNEKE: All right. It's 10 after
8:00. Let's reconvene this regular special session of the
Kerr County Commissioners Court. Next item for discussion
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and consideration is Item Number 13, consider and discuss
approving rules and regulations for parks and recreation
areas and set public hearing on same. Before anyone asks, I
will point out that Item Number 10 has been pulled by the
Sheriff, so we don't have that on our agenda for this
evening. So, Commissioner Letz, park rules.
COMMISSIONER LETZ: Eleven? What happened to
that?
JUDGE HENNEKE: Oh, 11, I'm sorry.
COMMISSIONER WILLIAMS: We can do 11, it
won't take but a minute.
JUDGE HENNEKE: Okay. We'll back off and do
11, consider and discuss utilizing services of University of
Texas at San Antonio in developing a funding strategy for
Hill Country Youth Exhibition Center Master Plan.
COMMISSIONER WILLIAMS: Once again, on one of
my AACOG excursions, I met a gentleman who heads up the
University of Texas San Antonio Center for Economic
Development, and it is the purpose of their organization or
operation to assist governmental bodies and others in
developing funding strategies for things that make sense
that have economic development at the heart of the
initiative. Glenn Holekamp and I, one afternoon, met with
Ernest Gerlach here. He came down to take a look at our
Hill Country Youth Exhibit Center. We had a long discussion
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with him, and I think it might be -- and subsequently, also,
I've spoken with Commissioner Letz about this, and I think
it would be beneficial if the Court could listen to
Mr. Gerlach and determine whether or not they can be of
service to us. I don't believe there's any charge for their
services in helping us develop a funding strategy for the
Hill Country Youth Exhibit Center expansion/renovation, and
so the purpose of this is to put it in front of you, and if
you are in agreement with my premise to set a workshop date,
in this case I would suggest the 11th. I think
Mr. Gerlach's schedule would enable him to be with us the
afternoon of the 11th.
COMMISSIONER LETZ: I'm in favor.
JUDGE HENNEKE: Any other questions or
comments?
COMMISSIONER GRIFFIN: It looks like there is
a fee, but it's on a cost recovery basis, probably just
their travel.
COMMISSIONER WILLIAMS:
the case, Commissioner. I would move
at 2 p.m. on June 11th.
COMMISSIONER BALDWIN:
JUDGE HENNEKE: Motion
Williams, second by Commissioner Bald
a workshop for 2 o'clock p.m. on June
Yes, I think that's
that we set a workshop
Second.
by Commissioner
ain, that the Court set
11th, Year 2001, here
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in the Kerr County Commissioners' Courtroom for the purpose
of hearing the presentation from Dr. Ernest J. Gerlach from
U.T.S.A. at San Antonio Center for Economic Development
regarding funding strategy for Hill Country Youth Exhibit
Center Master Plan. Any further questions or comments? If
not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JODGE HENNEKE: Mot'_on carries. Now we'll go
to the parks rules, Item 13. Commissioner Letz.
COMMISSIONER LETZ: Well, after sitting idle
for some time, I think at the prompting of the Judge and
several others, I brought this back to the Court. Last time
we got -- I couldn't remember what we got twisted off on,
but I know we got twisted off and couldn't get untwisted. I
think it was over fireworks, as 1 recall.
COMMISSIONER WILLIAMS: I've got my notes.
COMMISSIONER LETZ: So, 1 went through it and
I decided, let's try to make it as simple as possible and at
least get something on the books to start with, and then, if
we need to strengthen them in certain areas, strengthen them
later. And, I tried to do that. If I look at it now, I
even see some things we could even delete more out of it,
but we might just go through it briefly, and then open up
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for any comments from the Court.
If it
is -- whatever the area is, I think we need to have a plat
attached with a description of what the park is for all the
parks, whichever is going to be included in this.
Section 2 is Approval and Scheduling of
Events. We've had in the -- the previous drafts that we
would delegate scheduling events to the Maintenance
Department or Facilities Maintenance Department, if someone
wanted to hold a chili cook-off or something like that, or
any kind of an event. And, I -- but the other versions that
I've looked at had a bunch -- had a bunch of other verbiage
about -- you know, it referred to another document,
basically, and that other document has never been prepared,
so I think we shouldn't really have -- I don't know what to
do with this right now. If we're going to have -- just
leave it as it is, it says here with one sentence, "All
events must be approved and scheduled in advance by making
application..." Or do we need to develop actual guidelines,
or just leave it out altogether? I'm almost of the opinion
now it's probably better to just delete Section 2 entirely
and just address it later.
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Anyway, just to go through real quick on the
closing hours, I changed the time. We had it from -- I
believe in the last draft, from 10:00 -- or 7:30 to 10:00,
and that seemed too -- too late in the morning to open, and
it was closing a little bit too early, during the summer
months especially. So, I don't have real heartburn one way
or the other, but I changed it to 6 a.m. to 10 p.m., but
that excludes the boat ramp. Boat ramp's open.
COMMISSIONER BALDWIN: Eleven.
COMMISSIONER LETZ: I mean 11:00 is what I
have, excuse me. Section 4, basically, it says that there
will be no overnight staying or camping, portable buildings,
things of that nature in the park, and no activities between
11 p.m. and 6 a.m., with the exception being possibly
through the Facilities and Use Department, if there is any
kind of a chili cook-off. That's the only event that I'm
aware that of that has been down in the park when there was
overnight camping.
Section 5 refers to vehicles, and I almost
think, after reading this again, we can almost delete that
entire thing and do a separate court order and put a speed
limit sign in there. Rather than have it part of the park
rules, just have it as a set court order, set the speed
limit, name the roads, and you have the rules. If you get
off the roads and destroy something, you're destroying
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public property and you're under the Penal Code, anyway. A
lot of the problems that we had earlier with the Sheriff's
Department or with Rusty, really, was he didn't know how to
enforce them. He didn't know what the provisions -- you
know, and his recommendation to me was, wherever possible,
just go by state law. If you're trespassing, I mean, after
park hours, if you're in there, you're trespassing. If
you're destroying something, it's destruction of public
property, so there's no reason to have all kinds of special
rules. So, I really think we should probably delete the
entire Section 5, just put speed limit signs up.
Section 6 is Miscellaneous Provisions. One
is about you can't destroy -- or I guess pull plants,
mutilate trees, things of that nature, and that may actually
come under the destruction of public property as well. This
language came out of the City's parks rules, and it's --
they tried to list every kind of vegetation we have in the
county, I think. I didn't want us to destroy it; I left it
in here for the time being, but, you know, I really almost
think let's take it out again. I think it's easier to just
go under destruction of public property.
The second item on there on Page 3, build
ground fires except in designated fire pits, I think we
probably do need that. We need something about fire in the
park. We have -- you know, that would need to stay there.
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Section 3, I think we can delete. Section 9, noise levels,
I think it -- again if you're a public nuisance, you're a
public nuisance. Let the Sheriff's Department have the same
criteria they have under any other situation if you're
making a disturbance. I think Section -- Number 5, we would
probably need to leave, regarding not having any commercial
venture out there in the park. That's something that's a
little bit unique situation to a county park.
Littering. I really think we're probably
covered under state law on littering. We could probably
delete that. We do need to get some -- in the budget
process, get some more trash cans out there. Section 8,
Pets. We already have a, you know -- no, we don't have a
leash law in the county. We have a tag law. We probably do
need to leave that about keeping --
COMMISSIONER GRIFFIN: Right.
COMMISSIONER LETZ: -- animals on a leash.
Of the other ones, the remaining -- Section 9, 10, 11 are
just some legal ideas. So, pretty much, if we went through
it and did it -- did it that way, it would be a much
smaller -- basically a one-and-a-half page document that
really is going to piggyback state law as much as possible,
and not -- not try to create new law that gets us into lots
of difficulty from an enforcement standpoint. So, that's
kind of where I've come down on it.
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COMMISSIONER BALDWIN: I agree with
everything you've said.
COMMISSIONER GRIFFIN: Yeah.
COMMISSIONER BALDWIN: You said something
about naming the road in the park and putting a speed limit
on it. I mean, I -- that's --
COMMISSIONER LETZ: Since it's Commissioner
Williams' precinct, that's his responsibility.
COMMISSIONER BALDWIN: Letz Boulevard. I'm
going to push for that one. I'm lobbying for that one.
COMMISSIONER WILLIAMS: We're going to have
the Sheriff out there to maintain law and order.
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER WILLIAMS: I guess if I have one
problem with it, I don't -- I don't disagree with the need
to keep it as simple as possible, but I've had so many
people, and we've listened to them here in court on more
than one occasion, talk about the noise and the problems
that are associated with not only the park, but the dams
that we own in Kerr County, as well. And, we've talked
about this before. We've talked about the potential of
including -- including dams along with parks and recreation
areas, and in all three instances, we'd have a dam
associated with a park. And, therein lines some problems.
I'm not trying to get us off into the fireworks thing again,
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'cause sooner or later we'll get there, but not tonight, but
I would like to see incorporated into our language -- you
know, taking Section 3, for example, "All county parks,
dams, and recreation areas..." I'd like to see dams
included in that.
On Page 2, under -- up at the top, Jonathan,
we're talking about, It shall be unlawful, within any
county-owned park, dam, again, or recreation area. Number 3
needs some -- some help. Allow any equipment or activity.
I think it should be -- I think the intent is to allow the
use of any equipment or activity between the hours of 11:00
and 6 a.m. The sentence is --
COMMISSIONER LETZ: I agree.
COMMISSIONER WILLIAMS: Needs a little --
COMMISSIONER LETZ: I don't even know that we
need that sentence, really. I meari, I think we could reword
that, basically, to say there will be no overnight -- 1'll
get with Travis. We just don't want anyone spending the
night in the park, so whatever language we need to say that
-- to accomplish that, we can insert under that Section 4.
COMMISSIONER WILLIAMS: One other comment,
and I guess -- I think we need -- all of us need to think
about it in terms of Section 3, where we talk about approval
and scheduling of events. You've come, you know, a long way
from the first draft, where we had a lot of language saying
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what you could and couldn't do, how you can do it and all
that kind of stuff, and the policy use manual, which to
date, that I'm aware of, is not yet done. And now we're
saying all events must be approved and scheduled in advance
by making application to the Facility Use department. Are
we talking about a family picnic?
COMMISSIONER LETZ: Only reason I left it --
even that much in there is so I wouldn't forget to talk
about it. I'd delete the entire section, I think, at this
point until we come up with
becomes a problem. I mean,
there and have, you know, a
don't know why they have to
COMMISSIONER
COMMISSIONER
a use plan or if a development
if somebody wants to get out
small family get-together, I
get a permit.
WILLIAMS: That's my point.
LETZ: And they're not going to
spend the night. If they want to spend the night, then they
need to come and get special permission. We already have it
illegal to spend the night, so they'd have to come. I just
think we could almost -- I can't think of the -- I think
we're anticipating a problem that may never be a problem.
COMMISSIONER WILLIAMS: Well, that's the
reason I raise it, because, you know, families do picnics on
the spur of the moment; they go out, stake out a plot of
ground and table, and away they go. And, putting them
through a hoop that may not be necessary is what I'm talking
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about.
COMMISSIONER BALDWIN: I agree with that.
But I would think, though, that the chili cook-off thing
needs to be a scheduled event.
COMMISSIONER WILLIAMS: It does, yes.
COMMISSIONER BALDWIN: It needs to be on the
books. If I show up with my family for a family reunion,
I'm going to fill your park up, and you're not going to have
room for them, and they need to be scheduled in.
COMMISSIONER GRIFFIN: Aren't most -- most
that I've seen has to do with a number of people involved.
Organized events with more than 100 people, or events --
COMMISSIONER WILLIAMS: Maybe talking about
organized events of greater than --
COMMISSIONER GRIFFIN: Some number.
COMMISSIONER BALDWIN: Yeah.
JUDGE HENNEKE: Fifty.
COMMISSIONER GRIFFIN: Fifty, maybe. Just --
COMMISSIONER LETZ: Okay.
COMMISSIONER GRIFFIN: That's a pretty pro
forma deal. But, I mean, it's just --
JUDGE HENNEKE: There aren't many family or
spontaneous groups that exceed 50.
COMMISSIONER LETZ: Say organized events of
50 or more must be approved and scheduled by Facilities and
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Maintenance.
COMMISSIONER WILLIAMS: That will work. And
I would like to move that we do the dams -- include dams in
our consideration.
COMMISSIONER LETZ: Would you -- we could --
as I see it, we can do it two ways. And really, to me, we
should probably even delete "and recreation areas," just
call them parks. If we define parks as including the dam,
then it's covered. Just say --
COMMISSIONER WILLIAMS: Well, just so it's in
the definition somehow.
COMMISSIONER LETZ: As long as it's in the
plat, basically, that we're -- the park -- this is the park,
includes the dam. It includes the dam.
COMMISSIONER WILLIAMS: Okay.
JUDGE HENNEKE: Okay.
COMMISSIONER BALDWIN: You're really hung up
on this dam thing.
COMMISSIONER WILLIAMS: I'm damn well hung up
on it.
JUDGE HENNEKE: Any other questions or
comments? When do you want your public hearing, Jonathan?
COMMISSIONER LETZ: Let me shorten it and
bring it back June 11th, and set the hearing at that time.
Obviously, it will have a change again. I really wanted to
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get it on the agenda before I did too much so we knew where
to go, and it seems that everyone's finally beaten down;
we're going in the same direction. We're saying as little
as possible.
JUDGE HENNEKE: I think it's a good effort.
Let's go on to Item Number 14, which is consider and discuss
modification to the Kerr County Subdivision Rules and
Regulations and set a public hearing on the same. Once
again, Commissioner Letz.
COMMISSIONER LETZ: On this one, I think it's
pretty self-explanatory from the backup. We had, you know,
some basically typographical errors, oversights or things of
that nature in the Subdivision Rules, and this is just an
effort to go through and correct those mistakes.
COMMISSIONER GRIFFIN: Mm-hmm.
COMMISSIONER LETZ: There's nothing of real
consequence. We can go through them. There is an order
there in the packet. I received a comment from someone -- a
member of the public that said we talked about Registered
Professional Engineers, but didn't define it, however, and
so I just defined it as an engineer licensed in the state of
Texas. Pretty simple to me. Second page, on the top of the
page, typo. We said Page 9; should have said Page 10. Next
page, typo. It says Section 5.06; it should read 5.05.
Then at the bottom of that same page, it refers to the storm
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drainage plan, and we don't have that. We added that in
another edition. We just have a drainage plan. Storm water
plan is not even addressed in Subdivision Rules; it's a
different entity. So, anyway, I changed that language.
Next page -- yeah. This one, we're adding --
we left off out of the Local Government Code Paragraph F,
which says the Commissioners Court is not required to give
notice by mail under Subsection C if the plat revision only
combines tracts. That's getting our rules in line with what
we intended. And then we just changed the lettering of the
next item. On Page -- Section 7, Page 29, there's three
typos, and then there's a -- it refers to Appendix G, which
doesn't make any sense, so we just deleted the reference to
Appendix G there. Next page is a spelling error, typo.
Next one is under Paragraph 8, County Clerk's Recording
Acknowledgement. It didn't make a lot of sense, and I think
we just -- I don't know, I think somewhere we got a line
wrong. Do you see how I changed it? Did you look at the
language? Didn't change anything, just -- we got some
blanks backwards or out of order or something, and we
actually read it and it didn't make a lot of sense, to me,
so I --
COMMISSIONER GRIFFIN: It does now.
MS. LAVENDER: Just the dates.
MS. PIEPER: Yeah, just the dates.
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COMMISSIONER LETZ: And then the next page
is -- I'm pretty sure this is Appendix G. It wasn't labeled
such, but I'm pretty sure that's what it was supposed to be,
so I labeled that as Appendix G. And, those are the changes
I made. I'm really not -- I put on the agenda item to set a
public hearing. I don't know if we need to or not. These
are really just minor changes. We're not changing anything
conceptually, but just so if we needed to -- Travis is
saying we don't need a public hearing on it just for these
changes.
JUDGE HENNEKE: Probably what we need to do,
then, is bring it back, clean up -- clean it up for our
June 11th meeting, and we can just put it on Tor action.
COMMISSIONER LETZ: Okay. We'll just make
all these changes, incorporate the new pages that can be
inserted in all the books.
JUDGE HENNEKE: Okay.
COMMISSIONER LETZ: All right.
JUDGE HENNEKE: Very good.
COMMISSIONER LETZ: And, if there's anything
else -- at one point, I think Commissioner Baldwin had some
questions about some of our water language, about he thought
that it wasn't real clear. I read it. To me, it was clear
again, so if he wants to take a stab at modifying it or
getting with me, you know, we can bring that up at the next
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meeting as well.
COMMISSIONER BALDWIN: All right.
COMMISSIONER GRIFFIN: He waited long enough
where he forgot.
COMMISSIONER BALDWIN: No, I didn't, either.
We're going to put it in there with dams.
COMMISSIONER WILLIAMS: There you go.
COMMISSIONER BALDWIN: See if I can tie it to
dams; we're not going to forget it.
COMMISSIONER WILLIAMS: Or fireworks.
COMMISSIONER BALDWIN: Fireworks.
JUDGE HENNEKE: Okay, very good. Let's jump
to Number 16, which will be very brief, and we'll come back
to 15, which may be a little more lengthy. Item Number 16
is consider and discuss setting a public meeting for
2 o'clock p.m. on June 12, 2001, and a public hearing for
10 o'clock a.m. on June 2S, Year 2001, to finalize the
adoption of the Closed Landfill Inventory for Kerr County.
This is a regional initiative that's being forced on us by
AACOG. They have informed us that they're ready to pursue
adoption of the Closed Landfill Inventory. In order to do
that, they are suggesting we have a public meeting to gather
any additional input that may have been missed, and then
have the required public hearing on the dates that are
outlined in the materials. Does anyone have any questions
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or comments?
COMMISSIONER BALDWIN: You want a court order
to do all that?
JUDGE HENNEKE: Just an order setting a
public meeting and the public hearing.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Moved by Commissioner
Baldwin, seconded by Commissioner Griffin, that the Court
set a public meeting for 2 o'clock p.m. on June 12, Year
2001, and a public hearing for 10 o'clock a.m. on June 25,
Year 2001, to -- regarding adoption of Closed Landfill
Inventory for Kerr County. Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Let's
return, then, to Item Number 15. Item Number 15 is to
consider and discuss authorizing the negotiations for the
joint acquisition and operation of Kerrville-Schreiner State
Park with City of Kerrville. As you all may recall, I think
early in the year 2000, we received a letter from the State
Parks and Wildlife Department, whereby they explained to us
that as a result of some legislation out of the 1999
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Legislature, Parks and Wildlife Department was mandated to
offer local parks to local governments who may or may not
have an interest in taking operation of those. We looked at
that opportunity in conjunction with the City. I know
Commissioner Letz was involved. We all were involved to a
certain extent, and a tentative decision was reached by
approximately last August/September that this was -- this
was an initiative that we did not wish to pursue at that
time.
The City of Kerrville has revisited the issue
and has now apparently made the decision that they want to
look more closely at acquiring Kerrville-Schreiner State
Park. They have come back to us and said, Do you all want
to participate, without giving us any parameters as to how
our participation would be structured. Included in the --
in the materials for tonight's meeting is a summary that was
prepared by the City of Kerrville staff regarding their
economic analysis of the operation of the state park, at
least how it would be operated under the auspices of the
City. The agenda item tonight is designed to encourage
discussion by the Court as to whether or not this is an
opportunity that we want to be involved in, and if so, what
kind of marching orders do you want to give to the --
whomever we designate to go forward and work on this with
the City?
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So, with that in mind, we have had one
individual from the audience who wishes to address us. I
think I'll call her up now, and then we'll listen to her and
then open it to discussion. Barbara Lowenthal, will you
come forward, ma'am?
MS. LOWENTHAL: Judge and Commissioners, I'm
Barbara Lowenthal, and my husband and I are residing in
Commissioner Baldwin's precinct at 696 Rimrock. And, I'm
here to urge you not to support taking over
Kerrville-Schreiner State Park, and I have three reasons
that I'd like to present to you. First of all, keeping the
park in the state system will allow us to continue to do
what we are doing right now. We're receiving all of the
economic benefits from that park. We have the use of the
park, we do not have any liabilities, we do not have any
operating costs. Why would we take on that burden, as
taxpayers? Secondly, the moneys that you would need to set
aside to operate that park you could then use to purchase
land for additional parks or hike and bike trails, so it
would be a win-win situation where we could keep that
magnificent park out there for our use without our
responsibility, but we could add more parkland, hike and
bike trails to our community. Thirdly, the E.I.C. evidently
is willing to offer funding for that park. Again, why
couldn't they take that funding and work with you to
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purchase additional county land along the river or up on
some of the hills or whatever for additional parks and hike
and bike trails? For those reasons, I urge you not to
approve going forward with the takeover of the park. Thank
you.
JODGE HENNEKE: Thank you, Ms. Lowenthal.
Any questions or comments from the Commissioners Court?
COMMISSIONER GRIFFIN: I understand, if we
can believe what we read -- and sometimes we can and
sometimes we question it -- but that the City intends to
annex the park; is that correct?
JODGE HENNEKE: A portion of the park is
already within the city limits. I believe the river side is
already within the city limits, so they would probably go
ahead and -- they'd have to go ahead and annex it in order
to operate it as a city park.
COMMISSIONER GRIFFIN: Well, particularly in
that case -- and I will vote against entering into this deal
for the same reasons I voted against it last time, but --
but I don't understand what problem we would be solving.
And, S'm -- I'm with the lady in the audience -- I'm sorry,
I forgot your name already -- but if we don't do anything,
the State continues to operate the park. We've been told
that several times. And, why do we want to buy into a --
what is today a money-losing operation with its incumbent

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liability, rather than letting the State just go ahead and
do their job and maintain the park, operate it as they have
in the past? I -- I don't see a problem looking for a
solution here, and so I just don't understand why we would
want to do that.
COMMISSIONER BALDWIN: I'm in agreement with
the good Commissioner, so I'll give the far side a shot at
the --
COMMISSIONER WILLIAMS: I'm not for it; I'm
just going to surprise you.
COMMISSIONER BALDWIN: I am shocked. We're
going to build a new dam.
COMMISSIONER WILLIAMS: This is going to
shock you, Commissioner. I am not in favor of it, and I
think Mrs. Lowenthal's comments are well-taken. I've heard
a lot of discussion coming out of E.I.C. about the relative
merits of taking over a park that we already have the
benefit of and creating another Zi_ker Park on the
Guadalupe. Well, I got to tell you, I don't want a Zilker
Park on the Guadalupe.
COMMISSIONER BALDWIN: Neither do I.
COMMISSIONER WILLIAMS: I don't care how
grandiose it might be, but what really concerns me is how we
can equate the operation -- the acquisition and operation of
this park to economic development and economic impact. It's
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not there. Whatever economic impact that park generates for
Kerrville and Kerr County is already here, and I'm here to
tell you that's a loaf of bread and a quart of milk
syndrome. They come to town with their campers full, and if
they buy anything at all, they buy a loaf of bread and a
quart of milk and a dozen eggs, and then they get a tank
full of gas and leave town. They don't shop in our shops,
they don't eat in our restaurants, and they don't do
anything in here, so whatever benefit we have in Kerr
County, it's already here. So, there's nothing there. And
if we're going to spend E.I.C, money on economic
improvement, I suggest to you we get a bigger bang for our
buck, and half of those bucks that go to E.I.C. come from
people who live in the county and shop in this trade center.
We'd get a larger bang for our buck if they'd come and work
with us to expand the Hill Country Youth Exhibit Center and
make it truly an economic generator for Kerr County. And,
that's where I'm coming from. I don't see us taking on
$70,000 worth of annual losses and putting a million and a
half in infrastructure for a park we get no benefit out of.
Tkiat surprise you?
COMMISSIONER BALDWIN: I'm speechless.
JUDGE HENNEKE: Commissioner Letz? Did you
want to weigh in?
COMMISSIONER LETG: Well, I think pretty
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much, I mean, I'm in agreement. I mean, and I said the same
moneys are kind of tied to someone else taking it over other
than the state. It's a one-time deal. I don't think the
park would ever operate in the black. It's going to
continue to be a -- you know, in the red. And, I don't -- I
think that if the County's going to get into the park
business in a bigger way, I would rather do something like
Mrs. Lowenthal -- Lowenthal? -- Lowenthal said. Look
elsewhere for some land that's not currently a park.
There's -- there is a need in the western
part of the county and the eastern part of the county for
additional parkland, and there is two very small parks, one
out west and one in the east, that could be expanded. And,
you know, if someone -- if that was, you know, the direction
we wanted to take -- I'm not saying that's a priority of
mine, but I just don't see the reason to try to get in on
this deal. I do think that there is -- you know, if the
City really wants to do it, I will do nothing to stop them
from doing it. They may -- you know, that's their business.
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I think that there is an opportunity -- if the City does do
is our park. We don't really have a parks department, and
it's pretty difficult for us to form one for that size park,
but it -- you know, it may work easier, if they were
operating the park on the side of the river, for to us enter
an interlocal agreement on our park across the river, or
selling it to them or giving it to them or whatever.
I mean, the purpose, in my mind, is that we
ese parklands as parks. And, who operates
them -- actually, my opinion is, if someone else operates
them, all the better from the County standpoint. But, we
just need to make sure, and that's why -- you know, the
State is not saying they're closing the park. If they said
they were going to close or sell the park, then I'd have a
very different view, but that's not on the table. On the
table is whether you want to take it over or want them to
keep it. And, you know, I don't want to. If the City wants
to, that's fine too.
COMMISSIONER BALDWIN: Judge, I'd like to
clarify your opening statement. You said that we'd all been
involved in this one time or another, and this is my
second -- second time I've even had discussions about it.
The first time was two weeks ago when I had lunch with the
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City Manager. But, I had not been involved in any of this.
But, you know, I have questions, and my question to the City
Manager is, why? I mean, what -- what kind of problem are
we fixing here? And we're not fixing one. And in the
City's notes here, they talk about TexDOT providing road
maintenance. Would that continue?
COMMISSIONER WILLIAMS: I don't think so.
COMMISSIONER BALDWIN: Absolutely not.
They'd be -- that would probably be a direct cost to the
citizens of Kerr County with the Road and Bridge Department
taking care of it. Volunteers contribute between $8,000 and
$10,000 annually to the operation and maintenance of the
park. Will that continue if it became a city/county park?
There's the leaders of that organization.
AUDIENCE: No.
MS. LOWENTHAL: They haven't voted on that,
but there's a sense.
COMMISSIONER BALDWIN: I'm kind of hearing
the rumbles out there. And, the thing is, Parks and
Wildlife -- the State of Texas Parks and Wildlife, they're
in that business. They do a pretty doggone good job of what
they do.
COMMISSIONER GRIFFIN: Which, by the way, the
money that you're talking about that's available for
infrastructure improvements, of the total pot for the
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state --
COMMISSIONER BALDWIN: Nine hundred left.
COMMISSIONER GRIFFIN: -- there's $900,000
left, statewide.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER GRIFFIN: So you're talking
peanuts by the time --
COMMISSIONER BALDWIN: In the notes here, it
shows there is available in funding, according to the state
regional office, $900,000. There ain't that much available
to Kerrville, Texas, I can tell you. But, it's built in
these numbers, so I kind of -- I'm not questioning the City,
but I don't like that kind of -- to see those kind of
things. We're not getting 900 here.
COMMISSIONER GRIFFIN: I think we have a
sense of the Court.
COMMISSIONER WILLIAMS: Just one quick note,
something that Jonathan mentioned, and it is something that
we had mentioned before. And, I've talked to the City and
had several one-on-ones with people. I think you and I had
a meeting with one of the persons about an interlocal
service agreement between the County and the City,
particularly for parks maintenance, or we could put our
parks in, in terms of maintenance. And, to me, that -- that
could provide some economies of scale. Could. I'm not
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sure. But, even in -- on this particular proposal, it
doesn't contemplate that. And they're talking about adding
about $275,000 a year to their Parks Department's budget,
and their Parks Department -- according to some folks who
have talked to me who are on the Parks Commission, they got
more on their plate than they can say grace over now, much
less being able to handle our parks or the state park. So,
anyhow, just a footnote.
JUDGE HENNEKE: Anyone else? I say we take
it as a sense of the Court that the Court is not -- while we
appreciate the offer, we're going to respectfully decline at
this time to involve ourselves in discussions over the
acquisition of Kerrville-Schreiner State Park. I will so
inform the mayor. Okay. All right, the last item on the
agenda is an Executive Session, so all those individuals who
are not part of that discussion are excused. Thank you all
for coming this evening.
(Discussion off the record.)
(The open session was closed at 8:45 p.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
JUDGE HENNEKE: This concludes the Executive
Session of the Kerr county Commissioners Court. We'll now
return to open session. Are there any action items that --
items that need to be taken action on as a result of the
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Executive Session?
COMMISSIONER GRIFFIN: Commissioner Baldwin,
are you going to make a motion or am I going to make it?
I'd like to make a motion that we authorize the County
Attorney's office to negotiate with landowners for potential
acquisition of land, and that you can use whatever member --
that the County Attorney's office can use appropriate
Commissioners to -- as you see fit to help in that process.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Williams, that the Court
authorize the County Attorney's office to enter into
negotiations for real estate acquisition and utilize the
services of such member of the Commissioners Court as the
County Attorney's office deems necessary.
COMMISSIONER LETZ: Should we say where or
just leave it open?
JUDGE HENNEKE: Leave it open. Any further
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Okay. If
there's no other business to come before the Court, we stand
97
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
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17
18
19
20
21
22
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25
adjourned.
COMMISSIONER BALDWIN: Second.
COMMISSIONER GRIFFIN: Third.
(Commissioners Court adjourned at 8:56 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 lst day of June, 2001.
JANNETT PIEPER, Kerr County Clerk
BY: C -------
Kathy Banik, eputy County Clerk
Certified Shorthand Reporter
ORDER NO. 27038
RF'F'ROVRL OF RCHIEVEMENT RWRRDS
FOR DEPUTY DRVID JOHN BILLEITER, JR RND
FOR DEPUTY GEORGE R. NCHORSE, JR
On thi=_, the 2_ith day of May, 2001 upon motion made by
Commissioner Baldwin, seconded uy Connnissioner Griffin the.
Co~_irt unanimously appr-oved by a vote of 4-0-0, that the Court;
present and award achievement awards to Depi_ity David John
Pilleiter, Jr., amid to Dep~_ity George R. NcHorse, J'r.
ORDER NU. 27039
CLRIh1S" RND RCCUUNI"S
Un this 29th day of May, 20Q~1, came to be considered by
the Co~_rr•t various Commissioners' precincts, wt-~icti said Claims
and Rcco~_nits ar~~e:
10-General f~_ind for SiBc,C65.97;-Jury for 82,708.50; 13-Road ft
Pr•idge Rdd' 1 Registration Fee for• 831, 282.8Q~;15-Road and
RrirJge for 826,246.75;18-Co~_~nty Law Libr•ar•y 'For
81,32%+.'~~;2c:--F loud Cur~'trol for 811,934.18;23-Juvenile State
Rid 'r=~_~nd foi• 8914.00;27-Juvenile Intensive Program-State Rid
F~_ind for• 8271.00;28-Records Management fi Preservation far
84, 400. 00;0-Indigent Health Care for 811,948.69;64-Lake
Ingram Estates Road District Pond F'r•oceeds for 862,509.89;
83-State Funded-216th District Rttor•ney for 8686.01; 86-State
Fi_inded-216th District probation for• 8F,45.54; 87-State
Funded-Community Cor•r•ectians for 81,823.09 (Total of
F~_~nd s :8339, 261.67) .
Upon motion made by Cominissioner• Paldwin, seconded by
Commissioner- Griffin, the Court unanimously approved by a vote
of 4-0-0, payment of said Rcco~_ints as recommended by the
Co~_mty Ruditor.
ORDER N0. :'7040
BUDGET RNENDMENT IN
SUSTICE OF F'ERCE F'CT. #~
On this thie .=3th day of h1ay, 2001., upon motion made by
Commissioner Let z, seconded by Commissioner- Griffin, the Court
unanimously appr-oved 6y a vote of 4-0-0, to transfer X26.00
i=rom Line Item No, lv]-4~7-%+9S Misc:ellaneous to Line Item Na.
iQi-4C7-i08 F'ar•t-Time Salary iii Sustice of Reace F'ct. #3.
.~^~
ORDER NO.7041
BUDGET RMENDMENT IN
COUNTY TRERSURER'S OFFICE
On this file c_9ti1 day of May cOkl, ~_tpon mntion made by
Commissoner~~ Williams seconded by Connnissioner Griffin, the
Col1r't t.tnanimously approved by a vote of 4-0-@~ to transfer~~
4E50.G0 from Line Item No. 10-497-c16 Employee Training to
Line Item No. 10-497-485 Confer-ences and to transfer 4500.00
from Line Item No. 10-497-430 Notice with 4340.00 to Line Item
No. i0-497-309 Postage and with 4160.00 to Line Item Na.
10-497-310 Office S~_tpplies in the County Treasur•er•'s Office.
ORDER N0. c:7~4c
RUllGET ANENDNENT IN COUNTY COURT' AT LAW
JURY FUND
On this tPie '9th day of Nay :.001, ~_ipon motion made 6y
Commissioner Griffin, seconded by Cuinmissioner Let z, the Coi_irt
unanimously approved 6y a vote of 4-0-Qi, to transfer SS.,U.S~
from Line Item No, 11-c'47-tr91 J~ar•y S~_immons to Line Item No.
il-4'~7-4a4 Special Court Reporter in Co~_mty Co~_ir•t at Law-Jury
Fi_~r~d.
ORDER N0. 27Q~43
BUDGET RMENDMENT IN CONSTRBLE F'CT. #1
On this the 29th day of May :.001, ~_ipon motion made by
Commissioner- Baldwin, seconded by Commissioner Let z, the Co~_irt
unanimously approved by a vote of 4-N-@, to transfer- X20.00
from Line Item hJa. 10-551-309 to Line Tt-em No. 10--551-310
Office S~-ipplies in Constable F'et. #1.
r-
ORDER NO. 27044
PUDOET i~h1ENDME.NT IN COUNTY COURT AT L~1W
JURY FUND
7.9LrTN D]:STRICI" COURT - .JURY FUND
On this 29th day of May 2NN7., ~_ipon motion made by
Commissioner Williams, seconded 6y Connn:issioner Lett, the
Co~.i~t unanimously approved by a vote of 4-0-@, to transfer
~'2. r43 fr•orn tine Ttcm No. il--%+35-496 i. i1t L'T"pl"et eT-'S 'I;O Line Item
No. ii-427-796 Interpreters in County Co~_irt at Law-Ji_try f~-md
and the 198th District Court--Jury Fund.
ORDER N0. G7~45
RF'F'ROVRL OF LRTE RILL
FOR RORD RIVD BRIDGE DEF'RRTMENT
On this the c9th d~.iy of P'1ay '~~~Zil, upon motion macJe by
Commissioner Letz, seconded by Commissioner Griffin, the Co~_irt
unanimously approved by a vote of 4-~-Q~, payment of a late
bill to Walmart in 'the amot~n't of 858. 8c for' Road and Bridge
Department and a~_i'thorize a hand check for same.
ORDER NO. 27U4E
APp'RUVAL OF LATE RILL
FUR S'HERIFF'S DERARTMENT
U~n this the :.=9th day of May cU01, ~_~pon motion made by
Commissioner Baldwin, seconded by Commissioner Let z, the Coiar-t
unanimously appr-oved by a vote of 4-~-Qi, payment of a late
bill to Walmar-t in t:lie ania~_~nt of 'bi~..01 for- the Sheriff's
Department and a~_~thari<e a hancl check for- same.
ORDER N0. :.7047
AP'P'ROVAL OF LATE RILL
TO THE CITY OF F'.ERRVIL.LE
OIV THE T-HANGEF25
On this the ~_9t;h day of hlay c_Q~01r upon motion rtiade by
Commissi.or~er Griffin, seconded by Commissioner Wi7lie~ms, the
Co~_n•t unanimously approved by a vote of 4-0-0, the L'oi_v~t
authorise a late bill in the amo~_int of ~1E2~878.92 payable to
the City of Kerrville for o~_~r share of the T--hanger
constr~_iction and issue a hand check for the same.
ORDER N0. 27048
AP'P'ROVAL TO DECLRRE THE MONTH
OF MAY
"CELEPRRTION OF ANIMRLS MONTH"
On this the '29th fiery of May c:001, ~_ipon motion made by
Commissioner Baldwin, seconded by Commissioner• Griffin, th-~e
Co~_irt unanimously approved by a vote of 4-Q~-Q~, tl-iat the Co~_u•t
declare the month of May in I:err County to 6e Celebration
Animals Month.
ORDER N0. .'704'3
AP'F'ROVRL OI= WORKSHOP'
ON TFiE RRINWflTER COLLECTION INCENTIVE F'ROC,RRM
On this the ~:'.-3th day c:rf play c0u~i, ~apun motion made by
Commissioner Williams, secanried by Connnis=_;ionrr Let:, ttre
Co~_rr•t unanimously approved 6y a vote of 4-0-0, to schiedule a
workshop on the Rainwater Collection Incentive F'royram for
Monday, ,Tune cO, c:~iTi at c F'. M. in the P:err Cotmty Ca~_irtha~.rse
Co~_irtr•oom.
ORDF_R N0. c705Q~
RF'F'ROVAL TO CHANGE FART-TIME RECEPTIONIST POSITION
TO R FIJLI_-TIME RECEPTIONIST POSITION
IN "filE SHERII=F' S DEF'iaRTMi:_NT
nn tt-~is 'the '9~t1-i day o~F May '~1iZli, i_ipun motion made by
Commissioner Griffin, seconded by Commissioner Baldwin the
Co~..rr~t unanimously approved by a vote of 4-@-0, changing the
part-time receptionist position at the Sheriff's Department to
a full-time receptionist position, and adoFit ttie .job
descripl;:ion wi-~icl-i :is part aff e~_ir•• hoard book.
ORDER NO. 27051
RF'F'ROVRL OF WORKSHOP' ON JUNE 11, 2001
RT 2 F'M TO HERR F'RESENTRTION
RF_GRRDING FUNDING STRRTEGY FOR
HILL COUNTR'r YOUTH EXHIBIT CENTER MRSTER F'LRN
On this the 27th day of May :'001, upon motion made by
Caminissior~er Williams, seconded by Commissioner Baldwin the
Court unanimously approved by a vote of 4-0-0, to set a
worl~shoEi i`or Ec 1='. M. on June 11, _'001 :in the Y.er-r- r~,~_~nty
Commissioners' Co~_~r troam 'Far- the p~_;r•pose of P;earing the
presentation from Dr'. Ernest J. Gerlach from U. T. S. R. at San
Rntonio Center far Economic Development regarding f~_mding
strategy for Hill Co~_intry Yo~.ith Exhibit Center Master Flan.
ORDER N0. '7Q~Sc
AF'f-'ROYAL l"O 5El" F'UFLIC MEETING
ON JUNE 12, '~0~T1 AT ~' F'. hi.
AND RIJHI_IC HEARING ON JUNE E.~, 'G~01 AT lir A. M.
REGARDING ADOE-'TlaN 0~ CLUSED L_ANDf=ILL IP~IVENTORY
FOFt KERB COUNTY'
On this the "c'9th day of May 'c2~2~1, upon motion made by
Commissioner E;aldwin, seconded by Commissioner Griffin, the
Court unanimously approved by a vote of 4-~-~, sej; public
meeting for° E F'. M. on J~_~ne 1:'_, c:O~i., and a public hearing for
10 A. M. orr June 'E5, c001, regarding adoption of Closed
Landfill Inventory for Kerr County.
ORDER NO. G7~SS
RF'F'ROVRL" TO RUTI-iORIZ.E 'THC CCUNTY RT1"ORNEY''S
TO ~N"fER IhJTO PJf.-:GOTIRTION FOR RERL. ESTRTE RCG?UISITION
On i:his ttre ::'9th day rrf May 1k7Vi1y ~"il_ron motion made by
Commissioner Gr~~iffin, secor~ded 6y Commissioner Williams the
Court unanimously approved by a vote of 4-0-Ln, to a~sLl°~orize
tt-~e Coi_mty Ri;torney's to entf'r' lni:o neyotia.ti.on for real
estate ~tcq~"iisitian and ~"rLi:ii::e the services of s~"ich member of
ttie Cnmmissior~ers Co~_u^t pis the Co~_~nty Rttorney's office deems
necessary.