1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, April 22, 2002
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: FREDERICK L. HENNEKE, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN, Commissioner Pct. 9
2
1
.-_ 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.-~
25
I N D E X
April 22, 2002
		PAGE
2.1	Presentation by County Auditor on County finances	
	after first six months of fiscal year	16
2.2	Consider authorizing sale of surplus property on	
	May 4, 2002, & declare items on list as surplus	20
2.3	Application to close, abandon, & vacate portion	
	of Larry Lane in Kerrville South Ranches No. Two,	
	set public hearing for same if needed	24
2.4	Consider accepting donation of .03 acre of	
	property for Pikes Peak right-of-way at FM 1273	32
2.5	Consider final approval of Vain Springs Ranch II	35
2.6	Consider final plat of Cutoff Business Park with	
	listed variances	39
2.7	Authorize County Engineer to write a letter to	
	clarify Section l.O2B of Subdivision Rules	45
2.8	Consider appropriate action to grant temporary	
	exception or variance to OSSF real estate transfer	
	requirements for Rancho Oaks Mobile Home Park	47
2.9	Identify bookmobile stops in all precincts	58
2.10	Consider two appointments to Kerrville/Kerr County	
	Joint Airport Advisory Board (Executive Session)	61
2.11	Resolution authorizing application to Texas Dept.	
	of Agriculture for 2002 TX Capital Fund grant to	
	assist Frontier Truck Gear, Center Point, Texas	69
2.12	Resolution to apply for 2002 TCDP Colonia Fund	
	grant to continue Kerr County/UGRA wastewater	
	service project	77
2.13	Authorize Tetra Tech, Inc., to solicit bids for	
	construction of Kerrville South wastewater project	79
2.14	Set special Commissioners Court meeting for May 9,	
	2002, at 9 a.m. to open bids received for River	
	Hills sanitary sewer bypass line	83
2.15	Approve schedule for consideration of FY '02/'03	
	budget	83
2.16	Approve contract with Hill Country Crisis Council,	
	authorize County Judge to sign	84
2.17	Application by County for Indigent Defense Grant,	
	authorize County Judge to sign necessary documents	85
2.18	Approval of Landlord Estoppel and Access Agreement	s
	relating to sale of Mooney assets to AASI	86
2.19	Resolution supporting Kerrville CVB proposal to	
	host Experimental Aircraft Association Fly-In	87
x'.20	Authorize use of $16,667 of the budgeted $65,000	
	AIP property grant match for fencing project	91
2.23	Approval of warehouse lease at airport	98
2.21	National Day of Prayer proclamation	105
~.«	Discuss civil representation of Kerr County and	
	Commissioners Court by County Attorney's office	107
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
On Monday, April 22, 2002, at 9:00 a.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: Good morning, everyone. It's
9 o'clock in the morning on Monday, April 22, Year 2002.
We'll call to order this regular special session of the Kerr
County Commissioners Court. Commissioner Letz, you have the
honors this morning.
COMMISSIONER LETZ: Will everyone please
stand, join me in prayer?
(Prayer and pledge of allegiance.)
(Discussion off the record.)
JODGE HENNEKE: At this time, any citizen
wishing to address the Court on an item not listed on the
regular agenda my come forth and do so. Is there any
citizen who would like to address the Court on an item not
listed on the regular agenda? Once again, is there any
citizen who would like to address the Court on an item not
listed on the regular agenda? Seeing none, we'll turn to
the Commissioners' comments. Let's start with Commissioner
Letz.
COMMISSIONER LETZ: I have none this morning.
COMMISSIONER GRIFFIN: I have none either.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
~0
21
22
23
24
25
COMMISSIONER BALDWIN: I do. Boy, I do.
JUDGE HENNEKE: Go for it.
COMMISSIONER BALDWIN: Okay. I have two
items. One concerns the recent election -- and I hope I'm
not stepping on any toes here, but I just -- I just want to
get it out on the table, the race Between Commissioner
Williams and our Administrative Assistant, Thea. I've
spoken with Thea in private and -- and offered her the
opportunity to come before the Court, and even in a private
session, to talk about all the things that we're -- you
know, that could be or may be between all of us, and some
hard feelings that may be there. And the reason I'm
bringing this up is because I live here, and this is my
second home, and I enjoy working here and I want to enjoy
being here. And if there -- you know, if there is any
conflict, I kind of wanted it to -- you know, let's talk
about it like good neighbors and good friends should and get
it out on the table. And so I've done that in private, and
I wanted to do it -- to do it publicly, to let Thea know and
let you guys know that -- that -- specifically let her know
that -- that it's available. And I'm sure -- and I almost
can speak on your behalf, but that we would -- that we would
do that, sit down and have a good heart-to-heart visit and
try to lay down any problems. So, I wanted to say that,
Thea, and I think, you know, you're welcome to come in
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
and -- and even in an executive session, bring your attorney
or whatever you want to do and sit down and have a long
visit. I wanted to say that, get it off my chest.
The other item, I don't know if you noticed
the San Antonio Express last Friday or not, but there's been
almost a spiritual revelation with G.B.R.A. and the
Department of Agriculture. They've decided that cedar trees
drink too much water.
(Laughter.)
COMMISSIONER BALDWIN: And I'm really excited
about what's going on down there, but if you didn't get that
article, it's really an interesting article. And it's high
time that -- I think Commissioner Letz, our water guru, has
been preaching about it for a long time, about the cedar and
the amount of water it drinks, and it needs to be
eradicated, et cetera, et cetera. That's all. Great
article.
JUDGE HENNEKE: Good, thank you.
Commissioner Williams?
COMMISSIONER WILLIAMS: Just wanted to thank
Commissioner Baldwin for his comments and move on to a
couple issues. First of all, I want to express my pleasure
at the article I read in the Kerrville Daily Times this
morning indicating that the Mooney bankruptcy transition is
complete and that Mooney Aircraft will resume production,
6
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
1/
18
ly
20
~1
~~
L L
23
24
25
albeit slowly, but that is good news. It's good news for
the Kerrville Independent School District in terms of back
taxes. It's good news for Kerr County in terms of back
taxes, but it's especially good news to the community at
large and to those folks who lost their jobs who now have
some opportunity hopefully to restore -- be restored to
full-time gainful employment. So, we wish the new owners
well, hope they produce a lot of Mooneys, new, different and
whatever they want to produce out there, just so they do it
here. And the other thing is, while it's not on the agenda,
I was given a letter this morning from one of my
constituents on behalf of Pecan Valley Property Owners'
Association, and while we won't do anything about it today,
Mr. Van Bavel calls to our attention that there have been a
couple blazes, brush fires out in the area of Elm Pass,
where a couple volunteer fire departments had to answer the
call, and he's wondering why we don't restore the burn ban.
So, we'll put that on the table. That's it.
JUllGE HENNEKE: Didn't you have an occasion
Friday afternoon, too?
COMMISSIONER WILLIAMS: Friday afternoon?
JUDGE HENNEKE: Out at the Elm Pass
Volunteer --
COMMISSIONER WILLIAMS: Oh, I did. I did, I
did. Thank you for reminding me. L.C.R.A. gifted the Elm

1
2
3
4
5
H
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
Pass Volunteer Fire Department with sufficient funds to buy
another new brush truck, and now they have two good-looking,
spiffy trucks out there with the name all over them. And on
behalf of the County and Elm Pass Volunteer Fire Department,
we thank L.C.R.A. for that generous gift, and I know all
those folks out there will put it to good use.
JUDGE HENNEKE: Little bit of scheduling. We
have a very, very full agenda today, including the 1 o'clock
workshop at the U.G.R.A. on the issue of the colonia mapping
grant. We're going to push through today as well as we can.
We'11 break shortly before noon due to the workshop at
U.G.R.A. classroom at 1 o'clock, and return here after the
workshop for the purpose of completing any unfinished
business, in the event that we do have any unfinished
business. So, that's just kind of a general outline of how
we're going to proceed today. So, let's get busy.
Mr. Auditor, do we have any bills we need to pay? Anyone
have any questions or comments regarding the bills as
presented?
COMMISSIONER BALDWIN: I have one, Judge.
JUDGE HENNEKE: All right.
COMMISSIONER BALDWIN: On Page 1,
Commissioners Court, Item 1. I'm assuming that is West
Texas County Judges and Commissioners Association. Would I
be assuming correctly?
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: It has $40. It's
actually $50. It should be $50.
MR. TOMLINSON: Is it $50?
COMMISSIONER BALDWIN: Yes, sir.
MR. TOMLINSON: All right.
COMMISSIONER BALDWIN: So we need to kind
of -- can we just change that, or do we need any kind of
special order or anything to --
JUDGE HENNEKE: I think we can just note that
that's incorrect and that the approval, once granted, would
be for $50 payment. Tommy's taking note of that.
COMMISSIONER BALDWIN: That's all I have.
JUDGE HENNEKE: Anyone else? Questions or
comments regarding the bills as presented?
COMMISSIONER BALDWIN: I move we pay the
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
authorize payment of the bills as presented and recommended
by the Auditor. Any questions or comments? If not, all in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
9

1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
(No response.)
JUDGE HENNEKE: Motion carries. Budget
amendments. Budget Amendment Number 1 is for Permanent
Improvements.
MR. TOMLINSON: I'm requesting a budget
amendment for $130 to make a payment to Keith Longnecker
relative to the Phase 3 renovations of the courthouse. I'm
asking to transfer this $130 from the line item to finish
out the lower basement area to Courthouse Construction.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court authorize
Budget Amendment Request Number 1 for Permanent
Improvements. Any questions or comments? If not, all in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Item Number
2 for the 216th District Court.
MR. TOMLINSON: Okay. This -- this amendment
is to make payment to Cindy Snider, which I need a hand
check for, and it's to transfer $758.90 from Special Trials
to Court Transcripts. lt's for a transcript in the case of
10
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
I/
18
19
20
21
22
23
24
25
State vs. David Lewis.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve
Budget Amendment Request Number 2 for the district court and
authorize a hand check in the amount of $758.90 payable to
Cindy Snider. Any other questions or comments? If not, all
in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Item Number
3 is for Commissioners Court.
MR. TOMLINSON: This -- this amendment of
$55.90 is -- is to pay a bill Tor legal services to Thomas,
Hudson and Nelson. It's relative to Cavazos and Kerr County
for $65.90, and I'm asking to transfer that from Notices to
Professional Services.
COMMISSIONER BALDWIN: What was the law firm?
Who was the law firm again, please?
MR. TUMLINSUN: It's Thomas, Hudson and
Nelson.
COMMISSIONER WILLIAMS: What was the issue'?
11
1
2
3
4
5
6
7
8
y
10
11
12
13
14
15
16
17
18
19
20
2I
22
~3
24
25
What was the purpose?
MR. TOMLINSON: It's -- I think it's for
Nancy and Doug Cavazos.
COMMISSIONER LETZ: It's related to the -- I
believe it's one of the subdivisions out past Cypress
Springs, the damage -- about damage to the property.
COMMISSIONER GRIFFIN: Yeah.
COMMISSIONER LETZ: A question that's related
to this as much as anything is, how do we -- I would like to
get -- I don't know how we get it, though -- a summary of
all the lawsuits that are pending against us. Seems -- I
mean, they're handled by so many different law firms. Is
there an easy way -- Tommy, do you keep track of -- I mean,
I know the County Attorney doesn't.
MR. TOMLINSON: I have a file on -- on my
correspondence with our insurance carrier, but I don't
always know who represents the insurance carrier. I mean,
they're -- these are assigned by Texas Association of
Counties. If there is a -- you know, if we've -- if we have
a pending claim, when we have -- when we have a petition
filed, we automatically send a notice to -- to all of our
carriers, and it's kind of a shotgun approach, but we -- we
notiYy everybody to make sure that -- that we -- that we
have notice that -- you know, within the specified length of
time. And so 1 do get that correspondence from TAC, and
12
1
L
7
9
5
6
7
8
9
10
11
1 L
13
14
15
16
17
18
19
20
21
22
23
29
25
then -- and then, when that's filed or TAC passes that to
their attorneys, then we start -- you know, start getting
bills for attorney's fees.
COMMISSIONER LETZ: Seems -- I don't know.
It would be nice to have some sort of a way to track some of
these. I mean, 'cause they tend to go on for a long, long
time, and we tend to -- I tend to forget about them because
they're being paid by insurance. But, at the same time,
they -- they have somewhat of an effect on the County.
MR. TOMLINSON: I do know that the -- you
know, the County Attorney's office knows about these,
because, I mean, the petitions are filed with -- with the
County Attorney's office, and they have to answer.
COMMISSIONER LETZ: Maybe we need to talk to
Mr. Motley, and he'll be coming up maybe.
JUDGE HENNEKE: Maybe we ought to make a --
someone should make a good request to the County Attorney's
office for a list of all the pending --
COMMISSIONER LETZ: I'll take care of it.
COMMISSIONER BALDWIN: Does that include the
federal issues also out at the jail?
COMMISSIONER LETZ: I mean, it would be nice
to have just a --
COMMISSIONER GRIFFIN: Yeah.
COMMISSIONER LETZ: -- list, a list of all
13
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Zl
L
23
29
25
the ones --
COMMISSIONER WILLIAMS: Everybody we have
exposure to.
COMMISSIONER LETZ: All right. So moved.
MR. TOMLINSON: I haven't -- I am requesting
a hand check for this.
COMMISSIONER LETZ: Also a hand check.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court approve
Budget Amendment Request Number 3 for Commissioners Court,
and authorize a hand check in the amount of $65.90 payable
to the law firm of Thomas, Hudson and Nelson. Any further
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Number 4 is
for J.P. Number 1.
MR. TOMLINSON: Okay. This request is from
J.P. 1 to transfer $177.96 to his Part-Time Salary line
item, and his request is to move $ISU from Machine Repairs
and $27.46 from Miscellaneous, and it's for -- to pay a bill
of ~390.8U to Dawn Goldthorn for part-time service.
14
1
I
1
G
3
4
5
6
7
8
9
10
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BALDWIN: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner --
MR. TOMLINSON: I do not need a hand check.
JUDGE HENNEKE: -- Commissioner Griffin, that
the Court approve Budget Amendment Request Number 4 for J.P.
Number 1, and authorize issuance of a hand check in the
amount of $390.80 payable to Dawn Goldthorn. Any other
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. Any more
late bills?
MR. TOMLINSON: I have one
JUDGE HENNEKE: Okav.
MR. '1'OMLINSON: It's for $125. It's payable
to the Alamo R.C.& D. Area, Inc., and it's for registration
Yor the 25th Anniversary State Conference Tor Building
Strong Communities.
COMMISSIONER WILLIAMS: i'll make that
motion.
COMMISSIONER GRIFFIN: Second.
15
1
2
3
4
5
h
7
8
9
10
11
12
13
14
15
15
17
18
19
20
21
22
23
29
2~
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
authorize a late bill and hand check in the amount of $125
to the Alamo R.C.& D. Association, Inc., for purposes of
attending the state convention here in Kerrville. Any
questions or comments? If not, all in favor, raise your
right hand.
(The motion ca
JUDGE HENNEKE:
(NO response.)
JUDGE HENNEKE:
MR. TOMLINSON:
JUDGE HENNEKE:
entertain a motion to approve
presented.
'tied by unanimous vote.)
Opposed, same sign.
Motion carries. Any more?
That's it.
Okay. At this time, I'd
and ar_cept monthly reports as
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve and
accept the monthly reports as presented. Any further
questions or comments: if not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO response.)
16
1
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
ly
20
21
22
23
24
25
JUDGE HENNEKE: Motion carries. First item
for consideration nn the consideration agenda is consider
and discuss presentation by the Ccunty Auditor on the County
finances after the first six months of the current fiscal
year. Tommy?
MR. TOMLINSON: Do each of you have a handout
that I furnished?
DODGE HENNEKE: I believe we all have a
handout, yes, sir.
MR. TOMLINSON: I'll go -- I'll go with the
revenues collected first. This is revenue collections for
the first six months of this fiscal year. I have a -- I've
eliminated the amount of the -- the $997,000 that -- that
are bond proceeds for the radio equipment contract for the
Sheriff's Office, because by including that, we would
distort the -- the percentages of what's actually collected
as far as day-to-day operations are concerned. So I left
that out -- out of the revenues as well as the expenditures.
On the top -- on the top part, it shows the budgeted tax
revenues and then year-to-date collections. Gives us a
total of 94 percent for tax collection for the amount that
was budgeted for the General Fund, and 89 percent for the
Road and Fridge tax, with a total of 94 percent collection
rate. As far as historically, that's -- I think that's in
line with -- with what we've done this time of the year for
17

f
1
2
3
4
5
5
7
8
9
10
11
12
13
14
15
16
17
18
1S
20
21
22
23
24
25
years past. I anticipate us to have 100 percent collection
rate considering the tax that we see coming in. As far as
the non-tax revenues for the General Fund, we've collected
5~ percent, 60 percent for Road and Bridge non-tax revenues,
and 55 percent for all funds other than tax-supported, for a
total of 59 percent.
I have a footnote at the bottom that I -- I
anticipate that we will have a shortfall for the last half
for about approximately $280,000. About half -- half of
that relates to the loss in interest that we're going to
collect for the year. The other -- the other half of it
relates to the fact that we -- we don't have any prisoners
iii our jail that are -- that are paying prisoners; they're
all ours. This -- this happened approximately two, three
months ago. That -- that didn't cause a problem as we see
it on this statement for the first half of the year, because
we did ~ullec:t revenues for the first three months, and we
had offsetting revenues of other kinds that were above --
were above budget that -- that offset the loss that we had
for the last three months for jail collections. Any
questions about revenues?
COMMISSIONER BALDWIN: I'd like to comment --
make a comment about tkiat, about the jail situation. To me,
it's an option. Do we want the paying prisoners here from
other counties to pay down Lhis debt, or do we want to get
18
f
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
LJ
the bad guys off our own streets? And it's -- you know, I
think the Sheriff has made a very wise decision in getting
~~rime -- or getting the bad guys off our streets, and that's
the price you pay. But I feel better.
COMMISSIONER GRIFFIN: Yeah.
JUDGE HENNEKE: Any other questions or
comments on the revenue side? Okay.
MR. TOP9LINSON: Okay. For expenditures, for
all the funds that are supported by the general M and 0 tax,
we're right on track at 50 percent. For Road and Bridge
operations, we're -- we're at 48 percent at this time, with
a total county-wide of 50 percent of -- of budget. I -- I
had -- I had a close look at all the line items for each
fund. I think this will hold for -- for the remainder of
the year. The only thing that I'm worried about that's --
that's of any significance is court-appointed attorneys
for -- for the courts. I'm in the process right now of
gathering information for -- to apply to the State for a
grant under -- under Senate Bill 7, and I had -- I have to
report a base year, which was the last fiscal year, for all
costs related to indigent defense, and when I -- when I got
into those numbers, we could have a substantial amount of --
you know, an increase in court-appointed attorneys in all
the courts by the end of the year. It looks to me like that
it might be as high as -- as $70,000 or $80,000, you know,
19


1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
1B
19
20
21
22
23
24
2~
but there are areas where -- where we may not expend beyond,
you know, budget. So, we -- we may be able to -- you know,
to make that -- to make that up it some other areas. But on
the average, overall, I don't see that -- I think we will be
right on budget for the year.
COMMISSIONER LETZ: Tommy, is that due to
the -- under Senate Bi11 7, you have to appoint the
court-appointed attorneys sooner in the process?
MR. TOMLINSON: That's right. You have to --
you have to appoint an attorney within 24 hours of arrest.
COMMISSIONER LETZ: So it costs us more. As
I recall the seminar I was recently at, the logic was that
it would cost us less.
MR. TOMLINSON: And according -- according to
the letter that -- that we received from the task force,
that the -- you know, the grant total was $17,000, and
that's not a lot to work with. So I can't see that it's
going to save us some money.
COMMISSIONER LETZ: Didn't think so.
JUDGE HENNEKE: Thank you, Texas Legislature.
COMMISSIONER GRIFFIN: Yeah.
JUDGE HENNEKE: Any other questions about the
budget review, expenditures or revenues? Tommy, I mean, are
you comfortable where we are? I know you've identified a
couple of potential areas, but are there any -- any real
20

f
1
f
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
black clouds on the horizon? Anything wally --
MR. TOMLINSON: I can't see any.
JUDGE HENNEKE: Anything that we can't handle
out of the normal course of business, in your opinion?
MR. TOMLINSON: No.
JUDGE HENNEKE: Any other questions,
gentlemen? Comments?
COMMISSIONER WILLIAMS: Thank you.
JUDGE HENNEKE: Okay. Thanks a lot. We do
this midyear every year to try to stay current and avoid the
gotchas as much as we can. Thanks a lot, Tommy. The next
item for consideration, Item Number 2, is consider and
discuss authorizing sale of surplus property on May 4, Year
2002, and declaring the items on the list as surplus.
MS. PIE PER: He just walked out.
COMMISSIONER WILLIAMS: He forgot.
(Discussion off the record.l
JUDGE HENNEKE: Whatever I did, I apologize.
MR. TOMLINSON: I guess I had a senior
moment.
JOllGE HENNEKE: Don't say that just after
you've given us a budget report.
(Laughter.)
MR. TOMLINSON: I have those all the time.
JUDGE HENNEKE: Okay. Let's authorize the
~i
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
~1
22
23
24
25
sale of some surplus property. We have the list in our
board book. Anyone have any questions or comments regarding
the agenda item or the property to be sold?
MR. TOMLINSON: The property list was
furciished to me by -- by the department heads of the list
that you see in your handouts. We are -- we'll publish
today fux the sale and again next week for the sale.
JUDGE HENNEKE: Any questions or comments?
COMMISSIONER GRIFFIN: I move we authorize
the sale of surplus property as listed.
COMMISSlONEF, BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, seoond by Commissioner Baldwin, that the Court
declare the property on the attached presented list as
surplus and auLYiorize the sale of such surplus property on
May 4, Year 2002. Out at the Ag Barn?
MR. TOMLINSON: Yes.
JUDGE HENNEKE: Hi11 Country Youth Exhibit
Center. Startiny at?
MR. TOMLINSON: 8 o'clock.
JUDGE HENNEKE: 8 o'clock in the morning.
Cash auction?
MR. TOMLINSON: It's a cash or -- or we
have -- we have -- we furnish the list. We have a bidder's
form, and they -- they bid by -- by lot number.
~n
L
,~-
1
L
3
9
5
6
7
8
9
10
11
1L
I3
14
15
16
]7
1S
19
20
21
22
23
24
25
JUDGE HENNEKE: Okay.
MR. TOMLINSON: And we number all the -- each
piece of property. They bid according to lot.
JUDGE HENNEKE: Okay. Any other questions or
commeitLs?
COMMISSIONER LETZ: Only question I have is
Road and Bridge's, is the antique wooden wagon.
JUDGE HENNEKE: Franklin? You're selling an
antique wooden wagon?
MR.. JOHNSTON: I think it was --
JUDGE HENNEKE: Is that antique, or just old?
MR. JGHNSTON: I think it's just old. Looks
like something you see in the old movies sitting around a
railroad station or something. It's been out there ever
since we've beets there.
COMMISSIONER BALDWIN: That might be
something we'll need for our new railroad station.
JUDGE HENNEKE: Something you need to go bid
on.
don't need to bid
of, you know, a
Aden wagon --
we really ever put
we've been talking
COMMISSIONER LETZ: No, 1
on it. I'd hate to -- if it's something
historical reason why we have the old wo
COMMISSIONER BALDWIN: If
our little historical park together that
about five or six years, that may be --
23
1
L
3
4
5
6
7
8
9
10
11
12
13
14
15
16
l~
18
19
L
21
22
:3
24
25
COMMISSIONER LETZ: That's really what I was
thinking about. Can we use it somewhere?
COMMISSIONER BALDWIN: Can I beg to you pull
that off?
MR. JOHNSTON: Sure.
COMMISSIONER LETZ: I mean, I don't even know
what this thing is. I mean, it's just --
COMMISSIONER BALDWIN: Is it a horse-drawn
type thiny or what"?
MR.. JOHNSTON: I really don't know much about
it. Probably could be.
COMMISSIONER BALDWIN: Let's keep that for a
while.
JUDGE HENNEKE: A11 right. We'll remove that
one from the list.
COMMISSTONER BALDWIN: Good item.
COMMISS[ONER GRIFFIN: I'll amend my motion
to do that.
JUDGE HENNEKE: Anything else?
COMMTSSIONER LETZ: No. Rest of it looks
liY,e surplus stuff to me.
JUDGE HENNEKE: A11 i.n favor of the motion as
amended, raise your right hand.
{The motion carried by unanimous vote.)
DODGE HENNEKE: Opposed, same sign.
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2 "3
24
25
(No response.)
JUDGE HENNEKE: Motion carries. Thanks,
Tommy. Item Number 3, consider an application to close,
abandon, and vacate a portion of Larry Lane platted in
Kerrville South F,anches and set public hearing for the same.
Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes. I'm going to
turn this over to Mr. Johnston to kick off. I've got a
couple of questions that I've already asked him, but I want
to ask it -- put it on the record at some point during --
but go ahead.
MR. JOHNSTON: I think Lynn LeMeilleur has a
presentation to make. Probably ought to do hers, then we'll
discuss it.
MS. LeMEILLEUR: Good morning, gentlemen,
COMMISSIONER BALDWIN: Morning, Lynn.
MS. LeME1LLEUR: I'm here on behalf of
Nicholas and Dorothy Dalton, who own property in Kerrville
South Ranches Number Two. You see we have filed an
application on their behalf, and also Fen and Dorothy Taylor
and William Cooper. Those are all the people who have
property that adjoins the portion of Larry Lane that we're
asking to be closed or vacated. Mr. and Mrs. Dalton own
property at the end of what would be Larry Lane if Larry
Lane had ever been constructed. Larry Lane is constructed
25
1
3
4
5
6
7
S
9
10
11
12
13
14
15
lh
17
18
19
20
21
22
23
24
25
up to a point, and then from that point on, there has never
been a road built. The Daltons bought property at the end
of what would be Larry Lane, and when they started checking
on the road and discovered they were going to need to build
a road, I think they met with Commissioner Williams and
talked to him and the County Engineer about the prospect of
either building the road or building a private road and
having the -- the area that's dedicated for the public road
to be vacated. They've gone with the option of requesting
that the County vacate this portion of Larry Lane. The only
people who use Lhis area would be the Daltons, the Taylors,
and the Coopers. They have entered into an agreement among
themselves to cieaf_e a private road easement, and we have
furnished that to the County Engineer as well. That would
take effect if and when the County closes and vacates this
portion of the road.
In researching how this could be
accomplished, I came across two statutes, and I'm sure
you're more familiar with this than I am, and it will be up
to the Court to decide which statute we would fall under.
There's the provision under the Transportation Code, which
is the general authority of a Commissioners Court to order
rhat_ public roads be discontinued, closed, abandoned,
vacated, or altered. And then there is the provision of the
Local Government Code that relates to subdivisions, that
z6
1
L
3
9
5
6
7
8
9
1 f)
11
12
13
14
15
16
17
18
19
2Q
21
22
23
24
25
would authorize you to do the same thing upon notice to all
the property owners in a subdivision. We're prepared to go
either way. obviously, for us, for the Commissioners Court
to be able to close it without having to do all the notices
would be the simpler route, but if the Court decides that
notices need to be sent to everyone and that it needs to be
closed under the subdivision provision, we're prepared to go
that way as well. And I'll be glad to answer any questions
that I can, and I think Mr. Johnston can also.
JUDGE HENNEKE: Does anyone have any
questions fox Ms. LeMeilleur?
COMMISSIONER BALDWIN: I think you've
answered it. Everyone that is affected by that road -- if
we was to vacate the road, there wouldn't be anyone
scrambling around trying to figure out a way to get into
their property. So --
MS. LeME1LLEUR; No. Larry Lane goes from
Monroe Drive and accommodates several houses along Larry
Lane, and then it takes a turn, and that's where the
maintenanr_e had ended. And the only properties that adjoin
that portion are the applicants who have filed this request,
so no one would be affected other than our folks.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER GRIFFIN: Under the general
statute that you mentioned, 1 think there's also a provision
27
1
3
4
5
6
8
9
10
11
1L
13
14
15
16
17
18
19
20
L~
22
23
24
25
that Commissioners Court can shorten a road.
MS. LeMEILLEUR: Yes.
COMMISSIONER GRIFFIN: And I believe in that
case, technically, it does not require a public hearing if
you -- for the Court to shorten the road. That's the
language that you -- that's used in the statute.
MS. LeMEILLEUR: Right.
COMMISSIONER GRIFFIN: So that may be an
option. I'm just saying that may be an option as well, even
under that statute, is to so-called shorten the road by
vacating and abandoning that portion that was never
developed, and I don't really think that would require a
public hearing. You may want to look at that, too.
MS. LeMEILLEUR: Right.
COMMISSIONER WILLIAMS: Ms. LeMeilleur
represented that I had a meeting with these folks, along
with the Coucity Engineer. And at one time this was in
Prer_inct ~, and redistricting put it in your precinct. And
that's correct, we did meet. And the only -- the family
that had the most concern, I believe, were the Taylors, and
they have a little cul-de-sac at the end of their -- at the
end of Larry Lane which feeds into their property. So, you
know, I think if they're satisfied, and the Daltons who
intend to build, and I think the Taylors -- or the -- or the
Coopers, who probably had not given any indication of when
28
1
2
3
4
5
6
7
8
9
10
]1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
they iuight build, if they're all satisfied, I think we've
probably taken care of any neighborhood concerns.
COMMISSIONER LETZ: I think that if it is in
a subdivision, I think it will have to fall under
Subdivision Rules, which require notice of amending the
subdivision plat.
COMMISSIONER BALDWIN: I'm real big on having
-- not necessarily having public hearings, but certainly of
notifying neighbors that something different is going on. I
just think that we ought to give -- give the people an
opportunity to know that there's something going on in their
neighborhood, as well as an opportunity to come before their
government body and speak, so I would like to have the
notification happen as well as the public hearing. And I
don't know when a public hearing date would -- might be,
DODGE HENNEKE: First meeting in June.
COMMISSIUNER BALDWIN: First meeting in June?
JUDGE HENNEKE: Which would be the 10th, I
think.
COMMISSIONER BALDWIN: The 10th?
JUDGE HENNEKE: Is that right?
COMMISSIONER BALDWIN: It's the second
Monday, June 10, at --
COMMISSIONER LETZ; Ten.
MS. LeMEILLEUR: There's a three-week period
~9
that they -- we have to give them three weeks notice, and
that would give them --
COMMISSIONER BALDWIN: That's enough time
there, isn't it?
MS. LeMEILLEUR: June would give them enough
1
2
3
4
5
6
8
9
10
11
1L
13
l4
15
lE
li
lE
L
~C
2.
~:
2:
2
2
time.
COMMISSIONER BALDWIN: June 10. June 10,
10 a.m.?
COMMISSIONER LETZ: But, I mean, it will -- I
don't know if this will be sufficient to amend the plat
that's in here, if that's sufficient to basically amend the
subdivision plat. What's going to have to be done --
MR. JOHNSTON: We'd need a formal plat
revision? So the road's been discontinued, the
right-of-way's been discontinued.
COMMISSIONER GRIFFIN: Didn't we do that on
Japonica --
MR. JOHNSTON: Can we do that with the same
public hearing as we're having for this, right at one time?
COMMISSIONER LETZ: Right, one public
hearing.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LE`PZ: I think so.
E COMMISSIONER GRIFFIN: Right.
~ MR. JOHNSTON: The survey's already been
a ..
30
1
3
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
done. It's just a matter of putting it in the proper
format.
COMMISSIONER LETZ: That's what I'm saying.
MR. JOHNSTON: That would be a one-time
thing? we have the public hearing; they can do the plat
revision?
COMMISSIONER GRIFFIN: Sure,
MR. JOHNSTON: Or do we have to do a
preliminary sometime in the meantime?
COMMISSIONER LETZ: Well, but if we --
assuming at the nest -- our early May meeting, we'll change
the Subdivision Rules to allow for a one-time visit.
MR. JOHNSTON: We'll assume that.
COMMISSIONER BALDWIN: I'll move we have a
public hearing un June the 10th, 2002, at 10 a.m., on the
portion of Larry Lane, to close, abandon, and vacate that
portion, have the public hearing as well as a hearing on the
plat revision of same.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Aaldwin, second by Commissioner Williams, that the Court set
a public hearing on June 10th, Year 2002, at 10 o'clock
a.m., here in Kerr County Commissioners Courtroom for the
purpose of considering the amendment of the plat of
Kerrville South Ranches Number Two for the purpose of
31
1
2
3
9
5
6
7
8
9
10
11
12
13
I9
15
16
17
18
19
~0
Ll
~2
~3
24
25
closing, abandoning, and vacating the portion of Larry Lane.
MS. LeMEILLEUR: One question for
clarification. That subdivision has had sort of mini
subdivisions developed out of i*_. For example, there might
have been a 20-acre tract, and now it's Honey Hills
Subdivision. Does this include those mini subdivisions
also? They were originally a part of Kerrville South
Ranches. Plow they have a new name.
COMMISSIONER LETZ: I mean, it's just going
to depend how it's on record, how this particular tract's on
record in the County Clerk's office. I mean, if it's been
at some point separated out, I think it's just the separated
out portion.
MS. LeMEILLEUR: I think it's still part of
Kerrville South Ranches, but within the Kerrville South
Ranches Number Two, there are little things that no longer
have that label. They're now labeled a different
subdivision because they've been developed.
COMMISSIONER BALDWIN: I know what you're
saying. I was looking through this list, and I know there's
some names on here that are in another subdivision these
days.
MS. LeMEILLEUR: Yeah.
COMMISSIONER GRIFFIN: I think the way the
statute reads is that it only app Lies to the subdivision
32
1
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2L
~3
24
25
where these property owners are.
MS. LeMEILLEUR: So, if -- if this has been
another tract that originally was on south 27 --
COMMISSIONER GRIFFIN: I don't think that
applies.
MR. JOHNSTON: I don't think it applies. I
think the new subdivision supersedes the old one. Just the
ones that have this name on it.
MS. LeMEILLEUR: Yeah, okay.
COMMISSIONER BALDWIPS: That's my
understanding also.
JUDGE HENNEKE: Any other questions or
couuuents? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.l
JUDGE HENNEKE: Oppcsed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
MS. LeMEILLEUR: Thank you.
JUDGE HENNEKE: Next item, Item Number 4,
consider acceptance of a donation of .03 acre of property
for Fike'S Peak right-ot-way at State F.M. 1273.
Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes, sir. I'll just
try to get to the bottom line of this thing here. Recently,
Road and Bridge Department has been out in the Pike's Peak
33
1
3
4
5
6
7
8
9
10
11
12
13
14
1 J
]6
17
18
19
20
21
22
23
24
25
area rebuilding roads, and there's one area there that we
really needed a little more land to do -- in order to do the
job correctly and properly and safely. And we approached
Mr. Wright about obtaining this .03 acres of his property
sitting there doing nothing; he absolutely cannot do
anything with. And so the Road and Bridge, through their
ingenuity and planning, went ahead without it and figured
out a way to build a road without it, but now Mr. Wright has
come back and he's -- in his kindness, and would like to
just donate the land to us anyway. So, I think there is a
-- sorry, Franklin, I didn't make any note in here about
what those numbers were, but tYiere is some expense of the
survey and some records search.
MR. JOHNSTON: Just the actual transfer cost
we'll absorb and everything.
COMMISSIONER BALDWICd: It's not much.
Anytime you obtain a piece of property, there's some cost to
it.
MR. JOHNSTON: 1 think we're having a legal
description written, and then the actual attorney's fees.
COMMISSIONER BALDWIN: So the --
MR. JOHNSTON: I think part of the agenda was
to have a -- have an outside attorney do the transfer? Was
that on this one? I apparently missed the amendment in here
on my packet, Loo. I think that was the scheme.
39
1
2
3
4
5
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER LETZ: I mean, I think we could
authorize that, if we so choose.
JUDGE HENNEKE: I think, yeah, that follows
logically. Any other questions or comments?
COMMISSIONER BALDWIN: It's $220, is what it
is.
JUDGE HENNEKE: We have a -- anyone want to
make a motion?
COMM155IONER BALDWIN: I would move that we
accept .03 acres of property on the Pike's Peak at State
Farm -- Farm-r_o-Market 1L~3 from Mr. Wright. That's the
best I can do right now.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court accept
the donation of .03 acre of land from Pike's Peak
right-of-way at State F.M. 1273 from the owner, --
COMMISSIONER BALDWIN: John G. Wright,
W-r i-g-h-t.
JUDGE HENNEKE: -- John G. Wright, and
authorize Road and Bridge Department to utilize services of
outside attorney for purposes of drawing up the necessary
transfer documents.
COMMISSIONER LETZ: And Road and Bridge has
budgeted funds for this purpos2l
35
1
2
J
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
~~
~~
MR. JOHNSTON: Mm-hmm.
JUDGE HENNEKE: Any- questions or comments?
If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
DODGE HENNEKE: Motion carries. Item Number
5, consider the final approval of Twin Springs Ranch Number
II in Precinct 2. commissioner Williams.
COMMISSIONER WILLIAMS: Mr. Johnston.
Mx. JOHNSTON: Lee Voelkel and I went out --
when was that? -- Friday, I think, to look at the -- there's
a road involved in this -- this subdivision. The road's not
complete, but we're having a Letter of Credit drawn, I
think, because we have an original on that.
MR. VOELKEL: No, I do not have the Letter of
Credit. This is your letter, and then --
MR. JOHNSTON: Oh, yeah, there's several
items on the road that are not complete that would -- when
will we have a Letter of Credit?
COMMISSIONER WILLIAMS: The Letter of
Credit's in the packet.
MR. VOELKEL: It's my understanding the
Letter of Credit was delivered to the County Attorney`s
office £or his approval last week.
36
1
2
3
4
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
COMMISSIONER WILLIAMS: This is a copy of the
Letter of Credit from State National Bank in Lubbock to Kerr
County in the amount of $15,000.
MR. JOHNSTON: 7 had an e-mail from the
County Attorney; he said -- I think he approved the form of
the letter, but I don't know where the actual letter is.
MR. VOELKEL: I can certainly track that
down.
MR. JOHNSTON: Once we get a copy of that, I
think we're ready for final approval. He has not paved the
road yep, and apparently there's not -- all the base is not
in place yet, but this Letter of Credit would cover any
expense,
COMMISSIONER GRIFFIN: Here's the Letter of
Credit, if you want to --
MR. JOHNSTON: We don't have the original, I
don't think.
COMMISSIONER GRIFFIN: You can have that for
now, for your own edification.
MR. JOHNSTON: So, when we receive the
original, I guess we can --
MR. VOELKEL: Right. I'll get that right
away. Just for iuLormation, too, we have -- of course, this
is an ETJ plat, so we've been going to the City and the
County. The City had final approvalL of the plat two weeks
37
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2`
ago, and they have signed on the plat, so they have approved
it.
COMMISSIONER WILLIAMS: As far as you're
concerned, everything else is in order on this, Franklin?
MR. JOHNSTON: Everything else appears to be
in order. Just waiting on that road to be complete.
DODGE HENNEKE; I think what we can do is
approve the final plat subject to receipt of the original
Letter of Credit, at which time County Judge can be
authorized to sign the plat. That works for you,
Commissioner Williams?
COMMISSIONER WILLIAI~IS: That works for me.
But the letter must be around here somewhere, 'cause there's
a copy of it.
MR. VOELKEL: Well, lots of copies, but --
MR. JOHNSTON: We need the letter.
COMMISSIONER WILLIAMS: The original must be
around here someplace. Somebody has it.
MR. VOELKEL: I'll track it down.
JUDGE HENNEKE: As soon as the County
Engineer has ttie original, then he can bring the plat to me
for signature.
COMMISSIONER WILLIAMS: Okay. I would move
final approval of Twin Springs Ranch II, Precinct 2,
conditioned on receipt of the origiral Letter of Credit made
38
1
3
4
5
6
7
8
9
10
11
1 L
13
14
15
16
17
18
19
20
21
22
23
24
25
payable to Kerr County,
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court grant
ficial approval to plat of Twin Sprinqs Ranch, Roman numeral
I7, in Precinct 2, subject to receipt of the original Letter
of CredLt from State National Bank in the amount of $15,000,
at which time County Judge will be authorized to sign the
final plat. Any questions or comm~ants? 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 BALDWIN: Judge, I'd like to
make a comment. Here we have an elected official here that
-- that makes tkie big bucks. What do we need to do to get
you a decent shirt to wear?
(Lauyhter.)
MR. VOELKEL: This is my daughter's ATM
machine.
JUDGE HENNEKE: I see.
COMMISSIONER BALllWIN: I see.
(Laughter.)
JUDGE HENNEKE: That's good. I like that.
39
1
3
9
J
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
~5
COMMISSIONER BALDWIN: That's why he's in the
big bucks; he's sharp.
DODGE HENNEKE: Item Number 6, consider the
approval of the final plat of Cutoff Business Park with
following variances: Number one, lot size; number two,
drainage; number three, utilities installation; number four,
driveway intervals, all located in Precinct 4. Commissioner
Griffin.
COMMISSIONER GRIFFIN: Yes. I'll turn this
one over to Franklin as well. If -- you may recall that
this is one that we've dealt with for some time, and in fact
I think some of the changes that you're going to propose to
the Subdivision Rules and Regs are going to address some of
these issues that we talked about on commercial properties,
because we just hadn`t addressed them in the Subdivision
Rules in the past. Is that correct.? Is that correct? You
know, we talked about these -- we talked about the variances
at separate times, but then we agreed that if -- if Franklin
would buy into those variances and go through the process --
and we'll step through those here in a second -- that we'd
go ahead and approve this maybe. Franklin?
MR. JOHNSTON: I think the preliminary plat
was passed. You said if there's any items that do not meet
the current rules, to list them as 'variances in the final
plat, and so these four are as a result of that. Obviously,
40
1
2
3
4
5
6
7
8
5
10
11
12
13
14
15
16
17
18
19
20
21
22
?3
24
25
the lot size does not really meet the requirements. They're
1.1 acre lots. They are on a water system. It does not
have surface water like the current platting rules state, so
they need a variance for that. Drainage through the
subdivision, we had a drainage study completed and reviewed,
but it technically doesn't meet the standards of 5.06.B that
states actual water course through a subdivision, the
100-year frequency will be reduced to 80 percent. This
one's actually slightly increased. The engineer sent us a
letter stating it would not have an effect on anyone
downstream. So, that would be a variance. Utilities in the
Subdivision Rules state they all should be placed within
zero to 4 feet of the outside property line, and these
utilities are located 8 feet withir. the property line.
COMMISSIONER LETZ: What's the reason for
that one?
MR. JGHNSTUN: They were in before the plat
even -- were even brought to us. I don't know if there's
someone here to -- the owners -- I guess they're not here.
I don't know. This just is a commercial subdivision, and we
have a provision in our Subdivision Rules that commercial
driveways will have an interval of 120 feet between
driveways, and these ones are less because of lot size.
JUDGE HENNEKE: How much less?
MR. JOHNSTON: They vary. The lots are
91
,.--~

1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
L J
different frontages on the road. They're probably on the
plat. Obviously, the ones on the cul-de-sac will be less.
There's only one development out there right now. So --
COMMISSIONER GRIFFIN: I have a question on
that one, because on a commercial property, let's say, like
you've got a strip center, you could have one driveway that
services them all, so why -- why would we -- why do we
require 120 feet between -- I mean, what's that based on?
Is there any --
COMMISSIONER LETZ: I think it was in there
-- ir_'s kind of been carried on for a long time. It was in
there originally back with the Elgin Bank stuff; we got it
on the residential subdivisions, that we had language in
there for commercial as well. But I think, really, the way
we need to look at commercial subdivisions is on a
case-by-case basis. I mean, and it's a -- 'cause I don't
know how you could ever write a subdivision rule. And our
rules do allow for this, that, you know, certain
developments we just have to look at on a case-by-case
basis. And I think we really -- commercial probably ought
t~ be included into that language, maybe to eliminate some
of this specific language, because it was in there so we --
basically so we could keep track of it.
COMMISSIONER GRIFFIN: Sure.
COMMISSIONER LETZ: And I think we just have
42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 J
lti
17
18
19
~0
L 1
22
23
24
25
to look at each one. The only one that concerns me out of
these -- I mean, the drainage one a little bit, but if
there's a letter from the engineer and that's his license,
you know, more than us. Utilities -- is this a private
road'?
MR. JOHNSTON: No, it's County-maintained.
COMMISSIONER LETZ: That's the one, because
of -- there's a potential of damage there. I mean, you
know, I -- I don't know if we're agreeing to take on the
road --
MR. JOHNSTON: This 8 foot was in the -- 8
foot puts them pretty close to where the ditch is. As we
clean the ditches, that's a problem we have now with some of
the subdivisions. We break water :Lines and then -- I don't
think we should be responsible to fix them if they don't put
it in to our rules to begin with.
COMMISSIONER LETZ: Right, That's the only
one out of these that, to me, is a little bit of a concern.
What are the depths? Uo you know?
MR. JOHNSTON: Like I said, they weren't
inspected. They were placed before they even brought the
final -- preliminary plat to us. They said, "Oh, yeah, the
water lines are in." So --
COMMISSIONER LETZ: Is it Aquasource?
MR. JOHNSTUN: Aquasource.
43
1
2
3
9
5
6
7
8
9
10
11
12
]3
14
1 J
16
17
l8
19
20
21
22
23
24
25
COMMISSIONER LETZ: Judge, is it -- or I
don't know; you may not know the answer. is it possible to
-- to not accept liability for the utility lines?
COMMISSIONER GRIFFIN: Put a note on the
plat.
JUDGE HENNEKE: I think it's possible.
COMMISSIONER LETZ: Because, I mean --
JUDGE HENNEKE: They're outside of our rules,
so we, you know, put something on the plat that the County
accepts no liability for --
COMMISSIONER LETZ: Damage to utility lines.
JUDGE HENNEKE: -- damage to utility lines.
I mean --
MR. JOHNSTON: I think in this case it would
just be water lines. I don't think each lot has a septic
system, so --
COMMISSIONER BALDWIN: Wouldn't Aquasource
keep a record of depth and width and those kinds of things?
COMMISSIONER LETZ: It would -- you would
think so.
COMMISSIONER BALDWIN: Oh, sorry. Sorry.
COMMISSIONER GRIFFIN: And your
recommendation is, Franklin, that we approve this with the
variances? And we --
MR. JOHNSTON: Well, I don't think the point
--
44
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
1~
~0
21
22
23
24
25
that we're at --
COMMISSIONER GRIFFIN: What's that?
MR. JOHNSTON: I said I think the point that
we're at -- I think it's a good idea, though, if they put it
in contrary to our rules, we shou]dn't be responsible --
COMMISSIONER GRIFFIN: Right.
MR. JOHNSTON: -- for that. That's -- no one
seems to be here anyway. Why don't we just do it next week?
They don't have the Letter of Credit; they were supposed to
bring it this morning, for maintenance on the road.
JUDGE HENNEKE: Did you get approval of the
language from the --
Mk. JUHNSTON: I did. They're supposed to
bring the original and the mylar. I don't see anyone here,
so maybe we could just do it next week and have that note
put on the plat.
COMMISSIONER GRIr'r'iN: Yeah.
COMMISSIONER LETZ: Yeah. I mean, I --
COMMISSIONER GRIFFIN: If they're not here
for sure.
Jt~DGE HENNEKE: Well, we'll table this one
and bring it back next week. Hopefully they'll have the
Letter of Credit ready and mylar, and with the understanding
that we'd like the County Engineer to express to them that
they need to put on the plat that the County accepts no
45
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 J
16
17
18
1~
~0
21
22
23
24
25
responsibility for utility lines that were placed that do
not conform to the Subdivision Rules.
COMMISSIONER GRIFFIN: That needs to be a
note on the plat.
JUDGE HENNEKE: Note on the plat.
MR. JOHNSTON: Mm-hmm.
JUDGE HENNEKE: Okay. Item Number ~,
consider authorizing the County Engineer to write a letter
to clarity Section 1.02.B of the Kerr County Subdivision
Rules and Regulations.
MR. JOHNSTON: I think y'all have this little
picture of the colored things I'll refer to. That is a
specific case, but I'll -- I'll read it in such a way that
it could be applied as a general case. These folks came in
acid wanted to apply the family division paragraph in our
Subdivision Rules to divide one lot into two lots and join
it to an adjacent -- let me go through it step-by-step.
There are three contiguous 10-acre lots. The father owns
two lets and the son owns one lot. Father wants to divide
the center lot into two pieces, convey half of it to the
son, so they'll both pace an equal amount, 15 acres. They
said that they wanted a letter that stated that they
qualified as a family division exemption to platting;
however, this is already a platted lot. I think the way the
language reads, if I read it correctly, the family division
46
1
2
3
9
5
h
7
8
9
10
11
12
13
14
15
16
17
18
19
20
LI
22
23
24
25
refers to a tract of land, whereas this is a platted sub --
platted lot in a subdivision, so I would think that they
need to go through the one-step platting process we have in
our revised rules, even though it's family members involved.
But i wanted to get your okay to do it, to write a letter
telling him that.
COMMISSIONER LETZ: I agree. I mean, once
you're in a plat -- the exemption that they're requesting is
state law.
JUDGE HENNEKE: Exemption from platting.
COMMISSIONER LETZ: Exemption from platting.
Once you're platted, I thin Y. you're platted.
COMMISSIONER GRIFFIN: Yeah. I don't think
there's any question about that.
COMMISSIONER LETZ: No. So they need to do
a --
MR. JOHNSTON: I just wanted to clarify. A
lot of people are claiming the opposite, so I wanted to get
y'all to say yeah, you're right, or wrong.
COMMISSIONER LETZ: Yeah. Once they're
platted, anything they do -- I mean, all the exemptions
don't qualify once you're in a platted subdivision.
JUDGE HENNEKE: Do we need an order to
authorize Mr. Johnston to write the letter saying this falls
witkiin the subdivision --
47
1
2
3
9
5
F
7
8
9
10
11
12
13
14
15
16
17
18
19
~0
~I
22
23
24
25
MR. JOHNSTON: Probably be easier to refer to
a court order if we had to write him a letter; say the Court
reviewed it and this is the result.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the County
Engineer is authorized to write a letter to the owners of
Lists 2, 3, and 9 in Kerr Vista Ranch Subdivision, Section 3,
Block B, regarding the division of such lots falling within
Kerr County Subdivision F.ules and Regulations. Any further
questions or comments? If not, all in favor, raise your
right timid.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Okay. Item
Number 8, consider and discuss appropriate action to grant a
temporary exception or variance to the O.S.S.F. real estate
transfer requirement for Bill Clements, owner of the Rancho
Oaks Mobile Hume Park en Ranchero Road, in return for the
agreement by Mr. Clements to connect the mobile home park
onto the sewer collection line to be constructed in the near
future. Commissioner Williams.
COMMISSIONER WILLIAMS: Members of the Court,
48
1
L
3
4
5
5
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
29
25
this is an issue arising out of the forthcoming sewer
collection system to be installed in Phase I of the
Kerrville South project, and Mr. Clements came to
Commissioner Baldwin and to me with regard to his particular
problem, and Mr. Barron, the Designated Representative for
O.S.S.F., also contacted us regarding this particular
problem. We weren't certain at the time whether a variance
or an exception would be made or could be made to the real
estate transfer section of our O.S.S. F. order, but when I
put the agenda item on, Commissioner Baldwin and I --
actually, we had written a memorandum to the County Attorney
prior to, and when it came time to put this item on, had not
received a response from the County Attorney. We have
subsequently received a response. I believe everybody has a
copy of that?
JUDGE HENNEKE: No.
COMMISSIONER WILLIAMS: Dated April 18th.
Nobody has a copy of that?
COMMISSIONER LETZ: Yeah, I do.
COMMISSIONER WILLIAMS: Somebody has a copy
of it. I have a copy. Commissioner Baldwin has a copy.
Judge didn't get a copy. Larry, you didn't get a copy?
COMMISSIUNER GRIFFIN: I've got the copy to
the County Attorney, but I don't have anything back.
COMMISSIONER BALDWIN: Send that down there
49
1
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2G
~S
24
25
to him.
MS. SOVIL: There was only two -- two copies.
COMMISSIONER wILLIAMS: He indicated
something about Commissioners' file, so I assumed that he
sent one to every member of the Court, but apparently he did
not. And we can provide you copies if you wish; be happy to
do that. The issue quite simply is Mr. Clements wants to
sell his property. He has a purchaser lined up to purchase
kris property. He's been waiting to close on his property
because it's his desire, and I am advised -- I think
Commissioner Baldwin as well, we're both advised that the
purchaser would be delighted to cornply with any court order
that would require hooking up that particular mobile home
park to the sewer line when it comes in. And, so what we're
asking the Court today is, I think you'll determine from
Mr. Motley's memo that the preferred route would be the
exception route, as opposed to granting a variance to
O.S.S.F, rules. We would be on a case-by-case basis,
examining the potential of accepting a situation where, in
return for that exception, the purchaser and -- the seller
and th? purChaser agree to certain conditions affecting the
forthcoming sewer. Am I stating it correctly?
COMMISSIONER BALDWIN: Yes, sir, you're right
on the ball.
COMMISSIONER WILLIAMS: So, reduced to its

50
I
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
lowest common denominator, that's what this is all about.
Mr. Clements' purchaser -- I'm not certain if the purchaser
is in the room or not. I see Mr. Clements. Would you
identify yourself, sir?
MR. CANTON: Yeah. I'm Conrad Canton.
COMMISSIONER WILLIAMS: Okay. I spoke with
your attorney, and he also advised that he might be here
this morning. But the bottom line is, if the Court agrees
with this premise, you -- please be seated -- we would be
requiring a legal document from you that pledges to grant
the irecessary easements to Kerr County andlor U.G.R.A.,
whomever, appropriately for access to the property to lay
the sewer line, and that you would take responsibility for
hooking up all of the various pads there to the sewer when
the sewer line comes into play. I think that's it.
COMMISSIONER BALDWIDI: Pretty much it. Now,
the -- tkie letter that we got back from Mr. Motley, which we
got back Friday, I believe, which is -- you know, once I
started reading the thing, I felt like I needed to go hire a
lawyer to tell me what the lawyer said. And it talks about
- we talked about variances and waivers and exceptions
and -- and all those things, which is probably a workable
thing. But I ~tiink the ideal way to do this -- of course,
Bill, I'm going -- I'm going to support this, 'cause I'm --
we want to get this project going, but I think the ideal way
51


1
2
3
9
5
6
7
8
9
10
11
1 L
13
14
l5
16
17
18
19
20
21
22
23
24
25
to do this thing is to wait a couple weeks on it, get on the
agenda to delete Section 10 from the Subdivision
Regulations, and just go on with it. That way we wouldn't
have to be jumping through a bunch of hoops because of a
transfer of a piece of property. And --
COMMISSIONER LETZ: O.S.S.F, regulations.
COMMISSIONER BALDWIN: I'm sorry?
COMMISSIONER LETZ: You said Subdivision --
Section 10 of the Subdivision --
COMMISSIONER BALDWIN: I'm sorry, O.S.S.F.
regulations. I apologize for that. Stuart?
MR. BARRON: Yes, sir?
COMMISSIONER BALDWIPI: In our packet here --
I'm all right with everything up here, okay? But this kind
of stuff riyht here, this Ietter from Jim Brown to the
Judge, Bi11, and Larry regarding this issue in my precinct,
I really, really don't like. Okay? And I know that's not
you; I understand that, but you can pass the word back along
if you want to. Or -- and I will also.
MR. BARRON: Okay.
COMMISSIONER BALDWIN: But for future
reference, don't send a letter to these other guys about
something in my precinct, okay?
MR. BARRON: Yes, sir.
COMMISSIONER BALDWIN: Thank you. I guess
~'
52

I
!^-
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that's all. The ideal -- ideal way is just to take Section
10 out of the O.S.S.F. rules, and that way we won't have to
deal with these things, and I intend to bring that to the
Commissioners Court very soon. That's all I have to say,
Bill. And I apologize; I`m blindsiding you just a tad here.
COMMISSIONER WILLIAMS: Just a little bit.
COMMISSIONER BALDWIN: I'm going to apologize
to you for that. I just thought about it all weekend; I
didn't want to call you on Sunday. So --
COMMISSIONER WILLIAMS: Well, I was home.
COMMISSIONER BALDWIN: It's all yours.
COMMISSIONER WILLIAMS: Well, one of the
flies in the ointment -- maybe there are a couple flies in
the ointment there. Your expressed intention with respect
to deleting Section 10 from the O,S.S.F. is new information,
and that's okay.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER WILLIAMS: The other thing is,
however, that I think Mr. Clements and the purchaser are
rather anxious to get on with their transaction.
COMMISSIONER BALDWIN: I understand that.
COMMISSIONER WILLIAMS: And what we'd be
doing here would be delaying them again an inordinate amount
of time if we asked them for this delay to -- today so that
we could obtain from the County Attorney his best advice.
i ~_
53
1
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And which he does give us his best advice, and he indicates
in his three-page letter that he believes the exception
route seems to provide a more comfortable fit with the facts
and desires of the current situation, and would be the
preferred route in the County Attorney's opinion. So --
COMMISSIONER LETZ: Commissioner, what we're
proposing here -- you're proposing is that we grant an
exception to Section 10 as long as they tie into the sewer
line when it's available?
COMMISSIONER WILLIAMS: That's the bottom
line.
COMMISSIONER GRIFFIN: And you need a
document that locks that in.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER BALDWIN: From the buyer.
COMMISSIONER GRIFFIN: That's right.
COMMISSIONER WILLIAMS: Purchaser has to
agree in writing.
COMMISSIUNER GRIFFIN: Makes a lot of sense.
It wouldn't --
COMMISSIONER LETZ: Yeah, that's pretty
simple.
COMMISSIUNER GRIFFIN: It's pretty
straightforward.
COMMISSIONER BALDWIN: So, Sill, through all
a ~.._ .~
54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
ZJ
16
17
18
19
20
21
22
23
24
25
of that, I would -- I would -- I'rn dying to second your
motion.
COMMISSIONER WILLIAMS: Okay. I'm going to
give you that opportunity to expire right on the spot. I
would move that the Court grant an exception to the rules --
O.S.S. F. Rules, Section 10, regarding inspection upon the
transfer of real estate for -- to enable the Rancho Oaks
Mobile Home Park to be -- for sale of that park to be
concluded, and in return for that exception, the purchaser,
who identified himself, and we'll make certain that the
clerk has his name and address, agrees to -- in writing, to
provLde the necessary easements for the sewer line to come
into his property, and agrees that all of the pads, I think
23 of them -- I believe there are '23 -- will be made
sewer-ready; sewer will be hooked up. That's the sense of
my motion.
COMMISSIONER BALDWIN: And I'd like to second
that motion.
JUllGE HENNEKE: Any questions or comments?
MR. BARRON: "Into the property" -- there may
be some homes behind the property in the future. Can we
have "into or throughout the property," sewer line?
COMMISSIONER WILLIAMS: Come up and say it
again, Stuart. I didn't hear what you said.
MR. BARRUN: You said that the buyer will --
55
I
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
10
20
21
22
?3
24
25
writY_en r_onsent to allow sewer line into the property.
Could we have "into and throughout the property" for
additional homes behind the property maybe in the future?
COMMISSIONER WILLIAMS: Into and throughout
the -- if the purchaser will agree to it, yes.
COMMISSIONER BALDWIN: One of my questions
is -- is, you know, we've -- we've gotten two grants. One
is to run this pipe down the middle of the road, et cetera,
et cetera, and then there's another grant that eliminates
the homeowner spending money out of their pocket for the
hookup fee. Is that --
COMMISSIONER WILLIAMS: Provides funds for
hookup if they meet the criteria. Is Eric here? Eric,
would you speak to that issue? They need to make a certain
income level; is that correct?
MR. HARTZELL: Yes.
COMMISSIONER BALDWIN: And then, Eric, let me
get down to my question.
MR. HART"LRLL: Sure.
COMMISSIONER BALDWIN: So we have decided
that the project that we have done so far, the area down to
the south of Ranchero Road -- you know, this issue here is
on the north of Ranchero Road, and, of course, I think -- I
believe Bi11 Clements is a pretty wealthy guy, see, so -- so
does -- would this mobile home park comply with that?
56

1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
z~
24
25
MR. HARTZELL: Yeah. The way the program
works, actually, there are two grants. Each grant pays for
a portion of main lines and for the connections associated
with that section of main lines for those people who are
what are considered low- to moderate-income. And it doesn't
matter who owns the land; it matters who lives in the
housing unit.
COMMISSIONER BALDWIN: I see.
MR. HARTZELL: And .so if a person living in
the housing unit qualifies on their income, they can receive
a free connection, whether they're in a mobile home park or
a house or --
COMMISSIONER BALDWIN: But we're not positive
about Mr. -- about this mobile home park that we're dealing
with.
MR. HARTZELL: Whether or not the folks in
there are --
COMMISSIONER BALDWIN: Yeah.
MR. HARTZELL: -- will qualify? We're not
100 percent sure; it's not been surveyed. However --
COMMISSIONER BALDWIN: Okay. I just wanted
to bring that concern up, you know, that we all understand
that it may or may not fit perfectly.
MR. HARTZELL: Right. The main lines would
be able to be run through there, but whether or not we could
57
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
~1
22
23
29
25
pay for the hookups to the mobile home, that would have to
be determined by surveying the actual --
COMMISSIONER BALDWIN: So if the new owner
agrees that everything's going to be hooked up and those
folks that live in those houses don't fit this thing, then
he's -- he's going to see to it that it's hooked up, is what
I hear.
MR. CANTON: Yes, sir.
COMMISSIONER BALDWIN: Well, thank you.
Good.
MR. HARTZELL: Just for your information, a
two-person household in Kerr County, to qualify, you're
talking about around $30,000 or less annual income.
COMMISSIONER BALDWIN: Okay, thank you.
MR. HARTZELL: Sure.
DODGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Baldwin, that the Court
grant an exception to the Section 10 real estate transfer
requirements in the Kerr County O..S.S.F. Rules for the sale
of the Rancho Oaks Mobile Home Par{, a one-time exception,
upon approval by the Court of an agreement between the
seller, the prospective purchaser, and Kerr County that the
mobile home park will be connected to the central sewer
collection system not later than 29 months after such sewer
collection system is available for use. Did I get it right?
58
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
15
17
18
ly
20
~l
~~
2I
24
~5
COMMISSIONER	BALDWIN:	Pretty	darn	close.
COMMISSIONER	WILLIAMS:	That's	good	enough
for now.
JUDGE HENNEKE: Any questions or comments?
Did you have any -- Mr. Clements, was that clear to you?
MR. CLEMENTS: That will be fine. Who makes
that agreement out that he signs, the buyer?
JUDGE HENNEKE: Well, we'll have to see if we
can't get the County Attorney to work on it, and work it
between them and your attorney. So, we'll get to work on
it. Any questions or comments? If not, all in favor, raise
your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. All right.
Item Number 9, consider and discuss identifying and
approving locations in Precincts 1, 2, 3, and 4 for the
Butt-Holdsworth bookmobile to stop on a routine schedule to
be implemented by the library.
COMMISSIONER WILLIAMS: Judge, members of the
Court, we've talked about this before. This is simple.
Just fill in the blanks and hand it back to me.
COMMISSIONER BALDWIN: Thank you.
JUDGE HENNEKE: And when would you like that
59
i
f

1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
handed back to you by?
COMMISSIONER WILLIAMS: A.S.A.P.
COMMISSIONER LETZ: There won't be any in
Precinct 3, because there's really no spot in Precinct 3
other than in the city.
COMMISSIONER WILLIAMS: So, the city -- or
wherever the bookmobile stops in Center Point?
COMMISSIONER LETZ: Center Point location,
wherever you choose, will be fine for Precinct 3.
COMMISSIONER BALDWIN: And there won't be any
in Precinct 1.
COMMISSIONER WILLIAMS: So it's up to
Commissioner Griffin.
COMMISSIONER GRIFFIN: There will be in 9.
COMMISSIONER WILLIAMS: Okay. 't'hank you,
gentlemen.
JUDGE HENNEKE: Okay. Moving right along.
COMMISSIONER WILLIAMS: Moving right along.
JUDGE HENNEKE: Item Number 10, consider and
discuss appointments to the Kerrville/Kerr County Joint
Airport Advisory Board. We do have letters of application
in our packets. We also have this scheduled for Executive
Session.
COMMISSIONER WILLIAMS: Okay.
JUDGE HENNEKE: We need a time to do it.
60
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
What's your reference?
COMMISSIONER LETZ: My preference is to go
back to the one before, 2.9. I think we still need a motion
to authorize those locations.
COMMISSIONER WILLIAMS: We don't have them
identified yet. We can do that when I've --
COMMISSIONER LETZ: So you're going to bring
it back?
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: I just wanted you to
put something on the paper.
(Discussion off the record.)
JUDGE HENNEKE: Is it the Court's preference
we go into Executive Session to talk about the appointments
to the Advisory Board -- Airport Advisory Board?
COMMISSIONER WILLIAMS: Frankly, I think that
would be preferable, Judge.
COMMISSIONER GRIFFIN: Sure.
JUDGE HENNEKE: At this time, the Kerr County
Commissioners Court will adjourn into Executive Session for
the purpose of discussing a short list of the appointments
to the Kerr County Joint Advisory Board as posted per the
agenda. If you all will excuse us, we'll let you know when
we return to open session.
61
1
2
3
4
J
6
7
8
9
10
11
12
73
19
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER LETZ: Want to take our morning
break right after that so we can get a time to be back?
JUDGE HENNEKE: Yeah, we'll take our break at
10:30, and hopefully reconvene in open session at 20 minutes
1111 11:00.
(The open session was closed at 10:13 a.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
(Recess taken from 10:35 a.m. to 10:95 a.m.~
DODGE HENNEKE: We'll reconvene this regular
special session of the Kerr County Commissioners Court. We
are considering Item Number 10. We are back in open
session, haviiiy deliberated in Executive Session --
Executive Session with regard to appointments to the
KerrvilleJKerr County Joint Hdvisory Board. Is there any
further discussion or any action to be taken on Item Number
10?
COMMISSIONER WILLIAMS: Yeah, Judge, a couple
comments that might lead to action. Let me first thank all
of the folks in Kerr County who submitted applications for
consideration to the airport -- Joint Airport Advisory
Board. There's some really fine, fine folks whose
credentials are impeccaLle with respect to service on this
board. Having said that, we discussed also the -- some
issues that are important to Commissioners Court with regard
62
1
.-~ 2
3
4
5
6
8
y
10
11
12
,~„ 13
19
15
16
17
18
19
20
21
22
23
24
,•--
25
to this particular board, not the least of which is the
Master Plan and the fact that continuity plays a major part
in -- in the ongoing discussions regarding the Master Plan.
continuity, but staggered terms on the part of County
appointees. Having said that, then, we have -- would like
to offer a motion that would -- at the conclusion of our
discussions, I would offer a motion that the two current
appointees for the City/County Airport Advisory Board be
reappointed.
COMMISSIONER GRIFFIN: I would second that,
but I'd also point out that I think the reason for our
technical questions to Megan was that I think we need to
look at the board's structure and try to make some
recommendations to the City, perhaps with some bylaw changes
on how terms are staggered, how -- who makes what
selections. I'm talking about appointees, whether it be
City or County. Take a look at the chairman's position,
should that be appointed, because there is -- as we
discussed at the last Airport Advisory Board meeting, that
next year there's a good possibility that this Board will be
responsible for zoning of property around the airport.
That's the way that -- that zoning is being approached
around all the airports -- most of the major airports --
general aviation airports in the state, and indeed
63
1
,- 2
3
4
5
6
8
9
10
11
12
r.. 13
14
15
16
17
18
19
20
L1
22
23
24
....
25
throughout the country. So, this Board could be taking on
additional responsibilities. That's not a sure thing yet,
but it's something that the -- that will come up next year,
and P m sure that we'll be asked to participate in that, how
it will work. So I think, pending those changes, probably
continuity is a good idea, but that we would certainly
encourage people to -- to want to get involved, and that as
a broader issue, we as a Court need to look at what length
of service should be -- we should shoot for on any appointed
position. That is, is it number of terms? Is it number of
years? Perhaps it's probably best to do numbers of years,
but we need to review all of that. And I think that
extending our current appointees until we get that done is
probably a good idea. That's the reason I second the
motion.
COMMISSIONER WILLIAMS: I agree with
Commissioner Griffin, and while I didn't encompass those
other thoughts that are important t_o this issue in the
motion, they are important, and I think it's -- it's
important that everybody know that we would like to visit
the subject of the bylaws and enabling ordinance with the
possibility of making some suggestions.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
reappoint Dr. John Davis and Mr. Jim Miller as the County's
64
1
2
3
4
S
6
7
8
9
10
11
l2
13
19
15
16
17
18
19
<20
~1
22
23
29
25
appointments to the Kerrville/Kerr County Joint Advisory --
Joint Airport Advisory Board. Any other questions or
comments? Jonathan? Buster?
COMMISSIONER BALDWIN: No, sir.
COMMISSIONER LETZ: No.
JUDGE HENNEKE: 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. Item Number
11, consider and discuss a resolution that authorizes, on
behalf of Kerr County, an application to the Texas
Department of Agrir_ulture for 2002 Texas Capital Fund Grant
to assist Frontier Truck Gear, a business operating in
Center Point, Kerr County, Texas. Commissioner Williams.
COMMISSIONER WILLIAMS: I'm going to invite
both Martha Drake of Grantworks and Rocky Marshall, the
president of Frontier Truck Gear, to the podium for some
discussion and some background information. I have spoken
with Commissioners and asked Commissioners and the Judge to
avail themselves -- to tour the facility in Center Point and
see what Frontier Truck Gear was all about and what they're
doing. And this -- this action item is one intended to
allow Kerr County to be an applicant before the Texas
55
1
~. 2
3
9
J
6
7
8
9
10
11
12
,.... 13
19
15
l6
17
18
1~
<0
21
22
23
24
L S
Department_ of Agriculture for 2002 Texas Capital Fund Grant
for the purpose of enabling Mr. Marshall to acquire the
property, the building and property that his business is
located in. You'll note that the Texas Capital Fund has
been moved from wherever it was in the past to the
Department of Agriculture. I'm not sure that I know why,
but I would invite Mr. Marshall to take a minute or two and
tell us about Frontier -- yourself and Frontier, your plans,
your visions, and Ms. Grant to -- Ms. Drake to tell us a
little bit about the Texas Capital Fund and answer the
Commissioners' questions that may come up.
MR. MARSHALL: Thank you, Bill. I appreciate
tyre Court allowing us a chance to talk about our company.
At Frontier Truck Gear, we are focused on producing and
distributing heavy-duty trucking accessories. Our primary
market is throughout Texas, and recently we've landed two
national accounts that will cover some 20-odd states
throughout the United States. We -- we started this company
in November, but actually we're not a new company. I ran
one of the largest heavy-duty truck accessories companies in
the United Slates that closed its operation in Boerne to
relocate back to its corporate headquarters, and my -- my
mission at this point is to put the 62 people that we had
working back -- put them back to work, and at this point in
time we've added about 14 full-time employees to start a new
66
1
~ 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
r
25
company. The purpose to seek the Texas Capital Fund is
effectively to not only buy the property, but what that does
to our business is allows us to reduce our monthly payment.
I'm currently renting the property at $6,000 a month. If we
buy the property, our amortization would actually drop down
to $2,000 a month, which will help us significantly with our
cash flow. In terms of job creation, which I know this
commission is concerned about, our projections are that we
would create in excess of 51 new jobs over the next three
years with Frontier Truck Gear. I feel very confident that
we can do that, in fact, because of the size of the company
that we were involved with before. We do -- we have 1»nrlart
a couple of national accounts, and I found out this morning
that actually there's a third very large distributor that
wants to carry our product line as well, so we feel very
fortunate, even though we're a new company, that we've
landed some very big accounts that want to carry our product
line, which ultimately will impact this county to a great
extent.
JUDGE HENNEKE: Any questions for
COMMISSIONER GRIFFIN: Yes, sounds very good.
Capital Fund status and all, but this is one that ought to
fit right into the program very well for what it was

6~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
<<^0
z1
22
23
24
25
intended by the Legislature.
COMMISSIONER WILLIAMS: Martha Drake?
MS. DRAKE: I think y'all are somewhat
familiar with the Texas Capital Fund.
Commissioner Williams, it used to be with the Texas
Department of Economic Development, but through legislative
wisdom, they decided to shift the program to try and address
more rural areas. Since T.D.E.D. has a lot of emphasis on
high-population centers, they figure T.D.A. is more
concerned with rural issues, and so they want to try and
channel this money to rural areas. The Texas Capital Fund
is a grant program. The money comes from H.O.D. back to the
State through the Community Development Block Grant Program.
It is moneys to be used in support of economic development
activities, specifically jobs to be created, of which at
least 51 percent of any project number of jobs must be
filled by persons who are. of low to moderate income when
they're hired. Hopefully he'll immediately pay them, so
they'll no longer be low to mod, but the idea is that you
create jobs for low to moderate individuals.
In this program, there are two different
pools of money -- or one pool of money, but two different
uses. Either infrastructure improvements, if a business is
going to build a new facility, or real estate funds where
the County can come in, purchase a building -- an existing
68
1
2
3
4
5
E
7
8
9
10
11
12
-~ 13
14
15
16
17
18
19
20
21
,~
z3
building, and then lease it back to a business on a
long-term zero percent lease repayment. In this case, we're
going to, if you approve, ask for $500,000, which will cover
the cost of purchasing the building, and also cover some
administration costs, so that during the three-year period,
we can provide administrative reporting services,
recordkeeping services. The -- the limitations to the Texas
Capital Fund are that this is the only business that can
benefit from the purchase of this building at this point.
You will enter into, as I said, a lease to
option purchase -- I'm sorry, a lease-to-purchase option.
The Texas Local Government Code allows counties that are
utilizing this particular grant program to bypass the normal
bidding procedures so that you don't have to put the
building up for open bid when you're going to sell it. You
can enter into an agreement with him. He has three years to
meet his commitment -- job and financial investment
commitment. At that time, the County's responsibility or
liability for the building ends, as far as a repayment. You
will continue to receive monthly lease payments from him.
Those funds can either be held here in the county to act as
a revolving loan fund, or they can be turned around and sent
directly back to the Texas Capital Fund.
24
25 the Ca
~.
There is a change. On Friday I visited with
69
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
revolving loan fund could be used for any business here
within the county, they are trying to discourage that
practice, and so they've made it much more restrictive. Now
the only business that can access that revolving loan fund
is the original benefiting business. So, in essence, if you
chose to keep that money here in the county, then he could
access it on short-term loans for maybe an equipment
purchase or something like that. So the money that he's
repaying, he would then just continue to have access to that
money. If at some point you opted not to continue that, or
all of his needs were met, or his business went -- sold or
out of business or something, then those funds and the
revolving loan funds would have to be sent back to the
State. So -- so, we're here this morning, with that said,
to ask you to authorize the application by resolution, and
appoint the Judge to be the authorized signatory for the
project.
COMMISSIONER BALDWIN: The revolving fund can
sit here in the county, and then periodically we can put
some of it back into the company?
MS. DRAKE: Correct.
COMMISSIONER BALDWIN: Or what is the other
option?
MS. DRAKE: Send it straight back to the
State.
70
1
3
9
5
6
7
8
9
In
11
12
13
14
15
16
17
18
19
20
21
2L
23
29
25
COMMISSIONER BALDWIN: And pay back -- it's
not a payback --
MS. DRAKE: Not -- it's his lease payment
that he will be paying back the grant over this 20-year
period. That money would just be sent straight back to the
Texas Capital Fund.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: Can you go over the -- I
guess --
COMMISSIONER GRIFFIN: It's zero interest?
MS. DRAKE: Correct.
COMMISSIONER GRIFFIN: Zero interest.
MS. DRAKE: Correct.
COMMISSIONER LETZ: What, if any, liability
is to the County for these funds?
MS. DRAKE: Right. It may seem really hard
to believe, but for the County, there's really no strings
attached. When the grant is funded, the County and the
business will enter into a contract. The lease-to-purchase
option will have in it stipulations that if something should
happen to him within his three-year grant period, that he
would provide you the moneys to pay back the grant. After
his three-year grant period is over, then should something
happen in four, five, ten to him, and again the business
outgrew the facility and moved or whatever, the building
71
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
would still be the County's property, free and clear,
because the Capital Fund purchased it for you free and
clear. And then you would have the option of releasing it
to another building -- I mean to another business for the
same cost, the predetermined lease cost, or you could at
that point sell it for, again, the predetermined purchase
price that the grant bought it for. And at that point, then
you would send that money back to the State. So, you won't
really be out-of-pocket anything. The County won't be
out-of-pocket anything.
COMMISSIONER LETZ: What if, during the
three-year period --
MS. DRAKE: If something happened to him?
COMMISSIONER LETZ: -- he goes out of
business; he doesn't have the money to pay back the
$500,000?
MS. DRAKE: Well, in your contract between
the two of you, we'll be sure to stipulate that he either
has a life insurance policy or some sort of a lien or
something, but that will definitely be part of your
agreement together.
COMMISSIONER LETZ: I'm thinking -- I'm
thinking more going out of business, not Mr. Marshall --
MS. DRAKE: Right.
COMMISSIONER LETZ: -- ceasing to exist. I'm
72
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
thinking more of the --
MS. DRAKE: Even if --
MR. MARSHALL: I'm not enjoying this part of
the conversation. I have three children.
COMMISSIONER LETZ: Basically, I mean, say
the business fails.
MS. DRAKE: Correct.
COMMISSIONER LETZ: It does happen. And
Mr. Marshall or his backers or whoever don't have the money
to --
MS. DRAKE: Well, we would require, then, if
it's not a life insurance policy, some sort of bond or some
sort of --
JUDGE HENNEKE: You're trying to make a
what-if. We're saying he doesn't have the money.
MS. DRAKE: Right.
JUDGE HENNEKE: Period, end of statement. He
can't get the money and he doesn't have any backers with any
money. 't'hen what's the County's obligation?
MS. DRAKE: To try and release the building
or sell it at the initial purchase price.
COMMISSIONER GRIFFIN: Just -- you'd have the
assets.
MR. MARSHALL: You own the building.
JUDGE HENNEKE: Do we have an obligation to
73
1
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~~
23
24
2S
make periodic payments to the State during that interim
time?
MS. DRAKE: That's really negotiable. It
depends on if the Capital Fund staff perceives the County as
trying to fill the building or sell the building, or if
you're just letting it sit there as an asset.
COMMISSIONER LETZ: Renegotiated between? Or
negotiated --
MS. DRAKE: When that event happens, it's not
negotiated up front. It's just -- because they are acting
on good faith that that situation will not happen.
COMMISSIONER WILLIAMS: I think the concern,
Martha, is that if Mr. Marshall's business fails, for
reasons of his own doing or reasons out of his control --
MS. DRAKE: Right.
COMMISSIONER WILLIAMS: -- and we have the
piece of property in Center Point; all of us know where it
is and what it is. We don't want the State coming down
here -- or we're fearful that the State's going to come down
here and say, "If you haven't sold it within six months,
start paying that money back." So, what we need to hear
from you is that's not the scenario.
MS. DRAKE: Correct, that is not the
scenario. They won't say, "We give you 180 days to
liquidate this property." They'll say, "Continue to try and
74
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
25
find a business, or continue to try and find a buyer," but
they won't -- they won't bar you from participating in any
other grant programs if you are making good-faith efforts.
COMMISSIONER WILLIAMS: Or demand instant
repayment.
MS. DRAKE: Correct, they will not demand
instant repayment.
COMMISSIONER LETZ: I think -- I mean, the
easiest way, to my mind, is to -- what we are doing is to
approve a resolution pending working out the contract terms.
I mean --
COMMISSIONER GRIFFIN: Yeah. We would have
to --
MS. DRAKE: Well, and if the project's not
funded, well --
COMMISSIONER GRIFFIN: This is just to make
the application.
MS. DRAKE: Correct. Once it's funded, then
all of those sort of deals and agreements can be worked out.
COMMISSIONER WILLIAMS: So this will come
back to the Court. We're just saying today we will apply,
correct?
MS. DRAKE: Correct. Correct.
COMMISSIONER WILLIAMS: Right?
COMMISSIONER LETZ: And if Mr. Marshall or
75

1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
the Court, when we look at this agreement, say no, we can't
live with this --
MR. MARSHALL: You can always walk away. I
mean, if, for some reason --
COMMISSIONER LETZ: Either party doesn't like
the terms of the contract.
MS. DRAKE: Right. Right.
COMMISSIONER LETZ: Okay.
JUDGE HENNEKE: Any other questions or
comments?
COMMISSIONER BALDWIN: Really interesting
business. I recommend anybody in the county to go down and
take a look at what he's doing down there.
COMMISSIONER LETZ: And buy a bumper.
COMMISSIONER BALDWIN: And buy a bumper. And
buy me a bumper.
COMMISSIONER WILLIAMS: Judge, I would move
approval of the resolution authorizing on behalf of Kerr
County an application to Texas Department of Agriculture for
2002 Texas Capital Grant Fund to assist Frontier Truck Gear,
a business operating in Center Point, Kerr County, Texas, in
the amount of $500,000.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
76
1
3
4
5
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
approve a resolution that authorizes on behalf of Kerr
County an application to Texas Department of Agriculture for
a 2002 Texas Capital Fund Grant in the amount of $500,000 to
assist Frontier Truck Gear, a business operating in Center
Point, Kerr County, Texas, to purchase a facility, and
authorize the County Judge to sign the necessary documents.
Any questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
MR. MARSHALL: Thank you.
MS. DRAKE: Thank you.
COMMISSIONER WILLIAMS: Thank you both.
MS. DRAKE: Judge, this is the section of the
Local Government Code that allows -- that exempts you from
having to go out for bids.
JUDGE HENNEKE: We've got it.
MS. DRAKE: And this is the other document
that -- for to you sign, to replace one.
DODGE HENNEKE: Replacement, okay.
MS. DRAKE: Thanks.
COMMISSIONEP. LETZ: Thank you.
JUDGE HENNEKE: Okay. The next item is Item
77
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
Number 12, consider and discuss a resolution to apply for a
2002 Texas Community Development Program Colonia Fund grant
to continue the Kerr County/Kerrville South wastewater
service project. Commissioner Williams.
COMMISSIONER WILLIAMS: This is a Grantworks
kind of day, Judge. Seems all of this kind of came together
at the same time. Eric, are you available for comment?
MR. HARTZELL: Sure.
COMMISSIONER WILLIAMS: This is a -- would be
a resolution in effect asking the Texas Community
Development Fund to approve another application on behalf of
Kerr County for half a million dollars to continue the
project which is under way; is that correct?
MR. HARTZELL: That's correct.
COMMISSIONER WILLIAMS: Are there any other
whistles and bells and bugs in this that we need to know
about?
MR. HARTZELL: I don't believe so. This --
I'm Eric Hartzell with Grantworks, for the record. This is,
as the Commissioner said, more or less phase, I guess, two
and a half of this project. It will continue the sewer
service in the Loyal Valley area, and on parts of Ranchero
down that -- on the -- before you get to Camp Meeting Creek.
The U.G.R.A. met last Wednesday, and their board approved
matching funds to help -- to defray the cost of
78

1
2
3
4
5
6
7
8
9
10
11
12
13
19
]5
15
17
18
10
20
21
22
23
24
~'S
administration and engineering in the amount of $55,000,
which is sufficient to earn enough points to have this
application -- give this application a very good chance of
funding this year.
COMMISSIONER GRIFFIN: This is pure block
grant, right?
COMMISSIONER WILLIAMS: Pardon?
COMMISSIONER GRIFFIN: This is a pure grant?
MR. HARTZELL: Yes, this is --
COMMISSIONER WILLIAMS: Like the first two.
MR. HARTZELL: lt's non-repayable.
COMMISSIONER WILLIAMS: Okay. You ready for
a motion?
DODGE HENNEKE: Fire away.
CUMM155IONER WILLIAMS: I would move adoption
of a resolution that would enable Kerr County to apply for a
2002 Texas Community Development Program Colonia Fund Grant
to continue the Kerr County/Kerrville South wastewater
collection project.
COMMISSIONER GRIFFIN: Second.
DODGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
approve a resolution authorizing application for 2002 Texas
Community Development Program Colonia Fund Grant to continue
the Kerrville South wastewater service project. This is
79
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
probably one of the best things we've done in three years,
and I'm glad to see that we have an opportunity to expand it
and enhance the service that we're able to provide to the
people Ln Kerrville South. Anybody else have any questions
or comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JDDGE HENNEKE: A11 opposed, same sign.
(NO response.)
JDDGE HENNEKE: Motion carries.
COMMISSIONER WILLIAMS: Stick around, Eric.
MR. HARTZELL: I'm here for you.
DODGE HENNEKE: The next item, consider and
discuss authorizing Tetra Tech, Inc., project engineer for
the Kerrville South wastewater project, to solicit
construction bids for 2001 Colonia Fund Grant, River Hills
sewer line. Advertisement for bids will be published
April 29th and May lst, bids to be opened at a special Y.err
County Commissioners Court meeting on May the 9th, Year
2002, at 9 o'clock in the morning. Commissioner Williams.
COMMISSIONER WILLIAMS: Again, Judge, this is
fur~_her in the project. We've gotten to the point where the
engineering is completed on a certain phase of this project,
which requires a line going across River Hills Country Club,
and the easement documen* is being prepared, as I understand
it, right now, and the River Hi11s Country Club board of
80
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
10
20
21
22
23
24
25
directors will take that under advisement. That's not our
deal. This is merely to enable the advertising of bids for
that, which is in your packet -- the engineering which is in
your packet. And we would advertise twice, I believe, as
required by law, and set a bid opening date of May 9th. And
I have a separate agenda item dealing with that, unless you
think they can be combined into one. I don't know; it's up
to you.
DODGE HENNEKE: I think we can do them
together.
COMMISSIONER WILLIAMS: Okay. Then I would
move that the Court authorize Tetra Tech, Inc., project
engineer, to solicit construction bids for 2001 Colonia Fund
Grant, Kerrville South wastewater project at River Hills
sewer line. Advertisement of those bids will be published
April 29 and May 1, and the Court will open bids at a
special meeting on May 9, 2002, at 9 a.m.
COMMISSIONER LETZ: Second.
JUllGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
authorise Tetra Tech, Inc., as project engineer for the
Kerrville South wastewater construction project, to solicit
construction bids for 2UU1 Colonia Eund Grant, Kerrville
South wastewater project, specifically the River Hills sewer
line, with the advertisement for such bids to be published
81
1
2
3
9
5
6
7
8
9
10
11
12
13
14
~J
16
]7
18
]9
20
2 1
22
23
24
25
April 24th and May lst, Year 2002, and the bids to be opened
at a special Kerr County Commissioners Court meeting to be
held on May 9th, Year 200, at 9 o'clock a.m., here in the
Kerr County Commissioners Courtroom. Before we vote on
that, how are the -- how are the construction documents
being prepared?
MR. HARTZELL: I'm sorry, the construction
documents?
JUDGE HENNEKE: Yes. I mean, Tetra Tech is
the protect engineer. They've consulted with U.G.R.A. and
the City?
MR. HARTZELL: Okay, yes. The -- the
engineer is actually U.G.R.A.'s engineer that was brought
into this project, and they haee provided all the documents
to the City, as required, and Paul Knippel, the City's
engineer, has reviewed and approved the documents for the --
to go for bid.
JUDGE HENNEKE: And the bids will be
solicited in the name of Kerr County, all right.
MR. HARTZELL: That's correct.
JUUGE HENNEKE: And the bids will be turned
in to the County Clerk's office sealed.
MR. HARTZELL: That's correct.
JUDGE HENNEKE: And then they'll be opened at
this Commissioners Court meeting by this Commissioners Court
82
1
2
3
4
5
6
7
8
9
]0
11
12
13
19
15
16
17
18
19
20
~1
22
23
29
25
on May 9th, and referred to the U.G.R.A. for recommendation.
MR. HARTZELL: Right. They'll -- they'll go
to Tetra Tech, and Tetra Tech will inform the City and the
U.G.R.A. and the County, all three, of the low bid. So
they'll provide a bid tabulation, and that will be then
brought to your meeting on -- your regular meeting on the
13th.
JUDGE HENNEKE: At which time --
MR.. HARTZELL: We'll be asking for --
JUDGE HENNEKE: -- the Commissioners -- the
Kerr County Commissioners Court will approve and authorize
the bid.
MR. HARTZELL: And award, yeah. And, just so
you know, this particular phase of the project is about half
of the halt million dollars for this colonia grant; it's
about $265,000 worth of work.
JUDGE HENNEKE: But it provides the
infrastructure for expanding the project as well beyond the
initial --
MR. HARTZELL: That's correct.
JUDGE HENNEKE: -- target.
MR. HARTZELL: Yeah. Yeah, the purpose of
Chis sewer line is to upgrade the capacity of the City's
system to allow for eventual service to all of Kerrville
Suuth.
83
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2~
24
25
COMMISSIONER WILLIAMS: One other caveat,
Judge. By -- by following this date schedule, we will have,
then -- by the 13th of May, at our regular meeting, we then
will have obligated at least 50 percent of the grant, which
renders us eligible for this application to move forward,
continuing application to move forward.
COMMISSIONER LETZ: Has the City thanked us
recently about doing this for them?
COMMISSIONER WILLIAMS: I didn't receive a
call.
MS. CAFFALL: Thank you. I used to work in
engineering. Thank you.
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. Next item
we've actually taken care of, which is a special
Commissioners Court meeting on May 9th at 9 o'clock in the
morning. Moving right along, item Number 15, consider and
discuss the approval of the schedule for consideration of
the FY '02/'03 budget. You have the proposed schedule in
your packets. Does anyone have any questions or comments
regarding the proposed schedule for consideration of next
84
1
2
3
4
J
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
fiscal year budget?
COMMISSIONER BALDWIN: I move that we adopt
the schedule.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Griffin, that the Court
adopt the schedule as presented for consideration of the
FY '02/'03 budget. Any questions or comments? If not, all
in Lavor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
COMMISSIONER LETZ: On that, a related issue
to that, Lhe -- are we going to be working on salaries? Are
those recommendations coming back next month?
DODGE HENNEKE: That's what we've asked them
to do.
COMMISSIONER LETZ: I'll ask Tommy to check
on that.
JUDGE HENNEKE: Item Number 16, consider and
discuss approval of contract with Hill Country Crisis
Council and authorize County Judge to sign same. You have
the form of the r_ontract -- or the actual contract in the
packet. It's been redone by the County Attorney's office
SS
1
2
4
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
71
22
J2
24
25
acrd signed by Bobbie Lesser on behalf of Hill Country Crisis
Council.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, that the Court approve the
contract with Hill Country Crisis Council and authorize
County Judge to sign same. Any other 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. Item 17,
consider and discuss application by Kerr County for an
Indigent Defense Grant and authorize County Judge to sign
all necessary documents for such grant application. This is
actually the grant that Tommy Tomlinson made reference to
earlier to defray a small portion of the additional expenses
that were laid uporr the county by the State Legislature in
passage of Senate Bill 7.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Baldwin, that the Court
approve an applicatiuu by Kerr County for an Indigent
86
1
2
3
9
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
L 1
22
23
24
~~
Defense Grant and authorize the County Judge to sign same.
Any questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Next item is
Item Number 18, consider and discuss approval of the
Landlord Estoppel and Access Agreements relating to the sale
of the Mooney assets to A.A.S.I., now known as Mooney
Aerospace Group, Limited, and authorize the County Judge to
sign same. The form of the access agreements are in the
packet. They've been approved by the City, acting as
manager of the airport. Anybody have any questions or
comments?
COMMISSIONER GRIFFIN: Move we approve.
COMMISSIONER BALDWIN: I second that motion.
COMMISSIONER GRIFFIN: And authorize County
Judge to sign same.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Baldwin, that the Court
approve the Landlord Estoppel and Access Agreements relating
to the sale of the Mooney assets to A.A.S.I., and authorize
the County Judge to sign the same. Any further questions or
comments? If not, all in favor, raise your right hand.
87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
~J
16
17
18
19
20
21
22
23
24
25
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Item Number
ly, consider and discuss a resolution supporting the
Kerrville Convention & Visitors Bureau proposal to host the
Experimental Aviation Association Southwest Regional Fly-In
and authorize County Judge to sign same when properly
presented with such a resolution.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
approve the resolution supporting the Kerrville C.V.B.
proposal to host the Experimental Aircraft Association
Southwest Regional Fly-In, and authorize County Judge to
sign same.
COMMISSIONER LETZ: When would that be?
JUDGE HENNEKE: Ms. Caffall, when would that
be?
M5. CAFFALL: I thought I was going to come
up and speak on the subject. This joint resolution was
recommended by the Airport Board, and this is just a
preliminary response to the E.A.A.'s request for proposals
from host cities. So, we -- when I got the resolution back
88
r
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
10
20
21
22
23
24
25
from our legal department, it was not a joint resolution, so
the Judge won't need to sign anything. However, if we are
selected as one of the three finalists, which we should know
shortly -- I apologize for the short string on this, but
Sudie Burditt with C.V.B. had to get this response back to
the fly-in people by Friday of last week, so we have it on
the -- on the City Council agenda tomorrow night, a
resolution in support. The number one item on their list of
things they wanted to consider was the support of the city.
So, anyway, if we are selected as one of the three
finalists, then we will have significant discussion and
agreements on the use of the airport, because the City and
County are joint owners of the airport.
COMMISSIONER BALDWIN: Is this the same group
that used to be here?
MS. CAFFALL: They were here for almost 30
years until 1998.
COMMISSIONER BALDWIN: Moved to Abilene.
JUllGE HENNEKE: They have apparently not been
satisfied with the --
MS. CAFFALL: They've had --
JUDGE HENNEKE: -- situation in Abilene.
MS. CAFFALL: -- rain for -- this will be the
fifth year they've been there, and of course last year
September 11th occurred lU days before their event. So --
~-... .._
89
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and the majority of their membership, as I understand it --
and I'm not real familiar with this group, but would like to
have the event located more centrally in Texas.
COMMISSIONER BALDWIN: Would like to have the
event what?
MS. CAFFALL: Located more centrally in
Texas.
COMMISSIONER BALDWIN: Centrally.
COMMISSIONER GRIFFIN: And what was the date
of the Yly-in? I don't remember from the --
MS. CAFFALL: That they're proposing?
COMMISSIONER GRIFFIN: Yes.
MS. CAFFALL: Well, one of the things that
has to be discussed with the C.V.B. and the airport is what
day it will be. Sudie has narrowed it down -- I think it's
either in May or September.
COMMISSIONER GRIFFIN: And I think they had
about three or four dates, and we only had a couple of them
that were even possible. So, all that's T.B.D. This is the
preliminary.
COMMISSIONER LETZ: You said we don't need a
resolution; it's already been done?
MS. CAFFALL: No, sir. 1 apologize for that.
It just did not come back to me as a joint resolution, and I
don't think it's necessary at this point. I apologize for
90

.~-~
1
2
3
4
5
6
7
8
9
10
11
12
13
19
1 /J
1 V
17
18
19
20
2 I
22
23
24
25
that. We have three items on you x' agenda; they were all
hurry-up, and for various reasons, short -- short timeframe
considerations.
COMMISSIONER GRIFFIN: This group also has
quite a wish list on their -- when they put out the request
for proposal. We may not even make the hunt. Nobody may
make the hunt on some of these things they asked for, but
we'll see.
JUDGE HENNEKE: I take it no action is
necessary on this. We will officially be on record as not
caring whether it comes or not.
(Laughter.)
MS. CAFFALL: We care.
JUDGE HENNEKE: Item Number 20 -- do we need
t~ take action on this one?
MS. CAFFALL: Yes.
DODGE HENNEKE: Moving the money? They
haven't already resolved to move the money?
MS. CAFFALL: Excuse me?
JUDGE HENNEKE: The City hasn't already
resolved to move the money?
MS. CAFFALL: If -- well, we don't need to
move money, because --
JUDGE HENNEKE: Reallocate.
MS. CAFr'ALL: We may need additional funds.
91
r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 J
]6
17
18
19
20
~1
22
23
24
25
Would you like me to present --
JUDGE HENNEKE: Well, let me call the item
first. Item Number 20, consider and discuss authorizing use
of $16,667 of the $65,000 budget for airport improvement
property grant match for a fencing project match.
Mrs. Caffall.
MS. CAFFALL: Last year the airport became
eligible for three years of what is called entitlement --
federal entitlement grant funding. These grants are
available each year based on funding becoming available at
state level. In March, we were notified that the funds have
become available. They have a fairly short timeline on us
telling them whether we want it or not. The airport has
recently had a problem with deer and antelope, and although
tl~e -- the problem is currently under control, during that
process we did survey the airport fence. There's a total of
9 and a kialf miles of fence out at the airport, and almost
3 miles of that fence is in poor condition, and it's
particularly not resistant to the antelope problem that we
have right now. We're -- it will, as I see it, be an
ongoing problem at the airport. We also need to regulate
vehicular access to the active surfaces of the airport.
Right now, if you miss the turn to the subdivision on
Airport Loop Road, you r_an well find yourself out on Runway
0321, and it teas happened. In 1991, the airport got a grant
._
92
r
1
2
3
4
J
6
7
8
9
10
11
12
13
14
1J
16
17
18
19
20
21
22
23
24
25
for fencing along Highway 27, the chainlink fence that you
see that has the three strands of barbed wire, and continue
that fence around the end of Runway 30. I've put together
kind of a simple exhibit here, but it's difficult to talk
about this in general terms without something to look at.
COMMISSIONER BALDWIN: Thank you.
MS. CAFFALL: The fencing that's highlighted
in blue is existing fencing. At some point in the process,
dealing with the deer, I realized that if we tied into that
existing fencing and disregarded having to replace all the
fencing to the east of the airport, which is a significant
portion, that we could go ahead and consider replacing the
-- the fencing that goes up around the end of the crosswind
runway and ties in at Peterson Farm Road, and also replace
Elie fencing that -- or put new fencing from approximately
Dugosh, where our blue fencing ends, and fence -- I'm not
going into details, but roughly across the front of the ramp
area, so that unless you have business with one of the
F.B.o.'s at the airport, you won't be able to drive out onto
the air side of the airport. Preliminary estimate for the
cost o£ this fencing is within the funds available through
this entitlement grant. It would require an expenditure of
up to $16,667.
This money is not specifically included in
this year`s budget. We do have a grant match item of
93
1
1
3
9
5
6
7
8
9
]0
]1
1~
13
19
15
16
17
18
19
~0
21
22
23
29
25
$55,000 for property acquisition. Because our Master
Plan -- Airport Layout Plan is still with the F.A.A. in
approach approval and air space, I can't find out what
property it is, if any, we need to buy. We have five months
remaining in this budget year, and the likelihood of having
each one of the property -- each grant Eor -- out of that
565,000, each property acquisition would be treated as a
separate grant. All the details would have to be worked out
with purchasing the property. Grant documents would have to
be dawn up, signed by City and County, and then executed.
The likelihood of that happening in the next five months to
complete everything is -- is probably not a high
probability. In the event that it did happen -- and I have
learned to be very patient with this grant process and
through TexllOT, but we do have $10,000 in contingency in the
airport fund that could be dedicated to making up the
difference, and that would -- there would be $6,657
remaining that the City and County would have to infuse into
the airport fund. City Manager Ron Patterson has assured me
that that is not a problem for him, to find those funds to
Lransfer into the airport fund. But there is a likelihood
that that could happen.
COMMISSIONER GRIFFIN: Small.
MS. CAFFALL: I would -- you know, the --
COMMISSIONER GRIFFIN: In fact, zero almost.
94

I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. CAFFALL: The likelihood of getting this
grant started, which I could work on right now -- I do the
plans for it myself, and getting it all done and finished by
the end of this budget year is very slim. But we have to be
prepared in case -- because we have said that we will do
this. The -- the fencing is, in my opinion, something that
is necessary. I'm sure y'all were familiar with the deer
situation we had. And with the way airports and security
have evolved since the incidents in September, we don't need
to be an airport where somebody happens on the air side that
came from the public, as far as trying to control people
getting onto our airport. So, this -- this fencing proposal
would propose to address both the deer and access to the
airport.
COMMISSIONER LETZ: What's the total cost of
that fencing project?
MS. CAFFALL: I estimated it based on costs
at similar airports. I came up with a figure of $148,000.
That's a preliminary rough estimate. We have -- the total
funds available for it will be $166,667.
COMMISSIONER LETZ: It's something that needs
to be done, definitely.
COMMISSIONER WILLIAMS: Megan, does the price
on this diagram deal with the issue of cattle guards, or is
this going to be gated so people have to go through gates?
95
f

1
2
3
4
5
6
7
8
9
10
11
12
13
19
1 J
16
17
18
19
20
21
22
23
24
25
How is that going to be, getting in through the fence?
MS. CAFFALL: Well, in the process of dealing
with the U.S.D.A. and Texas Parks and Wildlife and getting
more input, I also talked to three airports that in the past
year have put game-resistant fencing and access issues, and
electric gates were indicated as being probably just as or
more effective than a cattle guard.
COMMISSIONER WILLIAMS: Okay.
MS. CAFFALL: The proposal here -- and the
reason you see two lines of yellow going around, which is
just behind the ramp area, is Y_hat it would be nice not to
have to go through a gate to get to Kerrville Aviation, for
our vendors that use that area predominantly, but there
would be a gate to get down to the Kerrville blue hangar.
So, there would be a couple of electric gates in here,
the -- the other end of the airport, you would have to go
through an electric gate. And we would have to address
those access issues with our tenants that are -- are in
Lhose areas.
COMMISSIONER GRIFFIN: I think this is the
Light way to do it, because if you're just going to meet
somebody or whatever, you wouldn't have to go through a
gate, but if you're going onto the airport itself, taxiways
and runways, you would have to go through a gate, and that's
reasonable.
96
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
L I
22
23
24
25
COMMISSIONER WILLIAMS: One other quick --
COMMISSIONER GRIFFIN: Probably mandate that
anyway at some point.
COMMISSIONER WILLIAMS: It has to do with the
property on the west end of the airport on the cross -- on
the -- contiguous to the crosswind runway occupied by
Mooney. Are we satisfied that that fencing is there and is
okay, so we're not --
MS. CAFFALL: It seems -- it seems like it's
in good condition. It's chain link; you know, all the chain
link we have on Highway 27, and theirs is not high enough to
keep whitetail from jumping over it, but we didn't have any
problem. As a matter of fact, we controlled some of those
antelope in the Mooney area with the fence that they had
there. And I didn't have any reports of deer coming through
Mooney to get to the airport, so I think we're okay.
JOUGE HENNEKE: Any other questions?
COMMISSIONER BALDWIN: I've got probably the
important question. What time does the deer and the
antelope play?
(Laughter.)
MS. CAFFALL: I haven't played with them too
much.
COMMISSIONER. GRIFFIN: About dark.
COMMISSIONEK BALDWIN: After dark?
97
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2U
2I
22
23
24
25
COMMISSIONER GRIFFIN: About dark.
COMMISSIONER BALDWIN: Oh, about dark. All
right.
COMMISSIONEP. GRIFFIN: I'll make a motion
that we, from our -- the Court perspective, authorize the
use of $16,667 of the $65,000 budget for the A.I.P. property
grant match for fencing property match.
COMMISSIONER WILLIAMS: Authorize Megan to
apply for any other grants as well.
MS. CAFFALL: We do have a joint resolution
for the joint City and County; it will be on the agenda.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court
authorize use of $16,667 of the $55,000 budget for A.I.P.
property grant match for fencing project match, and further
authorize the application to the Texas Department of
Transportation Aviation Capital Improvement Program for
fencing improvements at the Kerrville/Kerr County Airport.
Questions or comments? tf not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. As long as
98
1
.-,. 2
3
4
5
6
7
8
9
10
11
12
~. 13
14
15
l6
1/
18
19
zo
Ll
~2
23
24
..,.
~5
we got Megan up here, let's take up Item 23, consider and
MS. CAFFALL: I've been working on leasing
the warehouse on Tract 19 to B.A. Products, a manufacturer
of wildlife feeders currently located between Ingram and
Mountain	Home	. B.A.	Products	employs	15 to 30	people,
depending	on	season.	Because	this is	another	time-sensitive
issue, I just wanted y'all to have a picture of their
current facility and their web site, just because this is
kind of an exciting prospect for the airport. B.A. Products
is proposing to move their business to the airport to
continue to expand. They have outgrown the facility that
they're	in	now, and	they	don't	have opportunity	or	room to
expand.	In	return	for a	lease	consideration, B	.A.	Products
is proposing to make $29,000 in improvements to the
warehouse. The warehouse was built about 35 years aqo. It
has office space, break rooms, and restrooms inside it, but
they haven't been used in 20 years. It's been used as a
storage facility only.
And B.A. Products needs the office space.
They do the majority of their business over the Internet,
over the fax, or through modern communications. They're
proposing to replace the carpet, rehab the interior of the
office space, the kitchen area and the bathrooms, replace
99
1
.-~ 2
3
4
5
6
7
8
9
10
11
12
,,_. 13
14
15
15
17
18
19
20
21
~~
23
,-. 2 4
25
and repair any plumbing and fixtures as needed. They are
going to have to replace the heating and ventilating unit
for the office area. Throughout the warehouse and the
office area, they're going to have to upgrade the electrical
system and install fiberoptic and telephone lines. B.A. has
asked that the airport fix the roof leak, repair the holes
in the walls, replace the ceiling tiles in one office where
they were damaged due to the roof leak, do a one-time pest
control before they occupy, and mow the property one time.
I've gotten estimates for these repairs, and they total
$750, which is within the funds budgeted for building
maintenance in this year's airport budget. Some of these
items, to be quite frank, are things I needed -- had started
the process of doing anyway. In showing the building, it
has wonderful natural lighting through skylights, but you
can see through little holes around through the walls.
So, we have put together a five-year lease
with option for two five-year renewals. In consideration of
the $29,000 in improvements, the first six months would be
at a dollar a month, the remainder of the first three years
at $1,500 per month, and then annual C.P.I. adjustments
thereafter on the lease term or extensions. I have brought
I
think that relocating this business to the airport would be
100
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
~3
24
25
a real asset. Their present facility, as you can see, is --
is attractive; it's very well-kept. I didn't make an
announcement that I was coming out to take a picture. They
would diversify revenue sources for the airport. These
people aren't dependent on the fluctuating economy that does
affect airplane usage and -- or any kind of federal
regulations that would affect people using our airport in
business, and they may well attract other business -- other
industrial-type businesses to the airport to expand their
businesses there. We have that whole area on the north side
of Airport Loop Road just designated as available for
non-aviation use.
COMMISSIONER LETZ: You said Tract 19. What
building is that? Is that the Gibson building?
MS. CAFFALL: The old Gibsons building, yeah.
COMMISSIONER LETZ: How is -- the $1,500 a
month, have you done any kind of survey as to how that
compares to other rentals in the --
MS. CAFFALL: Yeah.
COMMISSIONER LETZ: -- community?
MS. CAFFALL: We were leasing that property
for $1,200 a month to Mooney Aircraft as a storage facility.
Mindy Wendele, our business program director, did a market
study. We have about two other candidates for this
property. B.A. is by far the most exciting of the three,
10]
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
but we have not been able to work out leases with the other
two, but that figure evolved during the other -- during the
process of evaluating the property.
COMMISSIONER WILLIAMS: Is this, among other
things, a growth opportunity for B and A Products? This
allows them to grow, and they have planned growth in the --
in their future?
MS. CAFFALL: The current warehouse is, I
believe, almost double the size of what they're in now. It
is situated on the right-hand side of almost a 3-acre lot,
so there's the possibility that during the course -- if they
have exponential growth or -- or wanted to consider putting
another building on that property there, there's certainly
room for it. And then we would come back and have to
renegotiate -- obviously, just a warehouse lease wouldn't be
appropriate for that. We would get into a ground lease
scenario for expansion.
COMMISSIONER BALDWIN: You said that there
was two other candidates that had made application for this
building. How -- and have you denied those? Have you
denied those, and then this one popped up?
MS. CAFFALL: No. No, we -- it sort of acted
in a sequential process. We had discussion with a cookie
manufacturer, and the offer that we came up was -- the
business development and the airport came up with, was not
102
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ly
20
21
22
23
24
25
acceptable to them. They went elsewhere.
COMMISSIONER BALDWIN: Have you -- how do you
find these folks? Do you advertise or anything like that,
or do they just -- word of mouth that there's this facility
available and with the city, and then they come to you? Or
how does that work?
MS. CAFFALL: Well, we have a magnetic sign
on the building. And since the building has come back -- it
went through the bankruptcy process and came back to the
airport to lease around the first of the year, and since
then, I haven't had a chance to advertise it. It's been a
word-of-mouth thing.
COMMISSIONER BALDWIN: So, you feel like this
is kind of an open market thing, and no one's getting any
kind of special gift or anything?
MS. CAFFALL: Well, in light of the fact that
we -- we made an offer to the manufacturing process that
fell through, then the next person who discovered the
warehouse during that process did not want to pay the
$1,500; that was too high. And B.A. Products was in the
wings at the time; if the building became available, they
wanted to talk about it. So --
COMMISSIONER GRIFFIN: There's no other
offers on the table. This is -- this is the only one.
COMMISSIONER BALDWIN: I think it's a good
103
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
~0
21
22
23
24
25
one. I think it's a good company. I'm familiar with that
particular company.
COMMISSIONER GRIFFIN: In fact, we'll end up
with that building looking like something good, instead of
derelict, which it obviously is now.
COMMISSIONER BALDWIN: So now we know where
to get a bumper for our truck and a feeder for our deer. We
can be ranchers here in one day. This is something. This
is really something. Just free enterprise program.
COMMISSIONER WILLIAMS: At its best.
MS. CAFFALL: We do have a joint resolution
for this lease to authorize the Judge to sign it, and if the
Court approves -- and it's not in your packet. It did not
come to me until late Friday afternoon. I apologize for the
rush on this, but B.A. Products is in the process of trying
to relocate before their peak season and get situated in
their new facility. Their peak season starts around the
first of June, end of May, so this has been -- but I think
it's a wonderful opportunity for the airport, and of course
for them, but it would be nice to have an active, growing
business out there.
COMMISSIONER LETZ: Megan, it's $29,000 worth
of repairs in lieu of six months rent, basically? Is that
what you said?
MS. CAFFALL: It's $29,000 worth of
104
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ly
20
21
22
23
24
25
improvements. About $20,000 of that is to the building.
They have some money in there for a telephone system and a
sign outside.
COMMISSIONER LETZ: And this is -- but you
said six months, they pay a dollar a month?
MS. CAFFALL: Right.
COMMISSIONER LETZ: Then after that, $1,500 a
month?
MS. CAFFALL: That's right.
COMMISSIONER LETZ: Adjusted annually?
MS. CAFFALL: And the six months would be
$9,500 --
COMMISSIONER LETZ: And six dollars.
COMMISSIONER WILLIAMS: I move adoption of
the resolution to lease the warehouse to B and A Products.
COMMISSIONER GRIFFIN: Second.
DODGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
authorize the resolution regarding leasing the warehouse to
Triad Manufacturing, Limited, for Tract 19 of the
Kerrville/Kerr County Airport. Any other questions or
comments?
MS. CAFFALL: Do we need to authorize you to
sign same?
DODGE HENNEKE: And authorize me to sign
105
1
L
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2~
same.
COMMISSIONER GRIFFIN: Right.
MS. CAFFALL: Again, I apologize for --
JUDGE HENNEKE: Any other questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries.
MS. CAFFALL: Thank you.
JUDGE HENNEKE: Thank you, Megan. Let's go
back to Item 21, consider and discuss approval of a National
Day of Prayer, being May the 2nd, proclamation. The
proclamation is in your packets. Anybody have any questions
or comments?
COMMISSIONER BALDWIN: The May 2nd --
Thursday, May 2nd, National Day of Prayer. Will there be a
function at the courthouse?
JUDGE HENNEKE: Yes, there will be a function
at the courthouse at noon, I believe it is. 12:30 or
12 o'clock, something like that.
COMMISSIONER BALDWIN: I move we approve the
proclamation for the National Day of Prayer.
COMMISSIONER LETZ: Second.
DODGE HENNEKE: Motion by Commissioner
106
1
2
3
9
5
6
7
8
9
10
11
12
13
19
1 J
16
17
18
10
20
21
22
23
29
2~
Baldwin, second by Commissioner Letz, that the Court adopt a
proclamation declaring May 2nd, Year 2002, to be National
Uay of Prayer in Kerr County. Any other 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. Final
item -- amazing -- Item Number 22, is consider and discuss
civil representation of Kerr County/Kerr County
Commissioners Court by the Kerr County Attorney's office.
Thea, why don't you go call down to David's office and see
if he's going to attend, or if he's available.
COMMISSIONER BALDWIN: Is that where we left
eveLything? Communication with the County -- with David,
that we'd call him when we got ready for him?
JUDGE HENNEKE: When I sent him an e-mail, I
told him that we would take this up as the last item if he
did not request a specific time, and which he did not. And
so I think, you know, out of courtesy, we'll just let him
know that we're ready to take it up. It's a courtesy we
don't usually extend our elected officials, but --
COMMISSIONER BALDWIN: That's true.
(Discussion off the record.)
MS. SUV1L: He'll be here shortly.
i _
10~
1
2
3
4
5
6
7
8
9
10
11
12
13
19
1 J
16
17
18
19
20
21
22
23
24
25
JUDGE HENNEKE: As in next couple minutes?
Or --
MS. SOVIL: He said shortly.
COMMISSIONER WILLIAMS: Next question is, how
do you define "shortly"?
COMMISSIONER BALDWIN: Heck, I believe him.
JUDGE HENNEKE: Do you? I'm glad you believe
him. Jannett, are those those originals?
(Discussion off the record.)
JUDGE HENNEKE: Why don't we just stand down
till about 10 minutes to 12:00?
COMMISSIONER BALDWIN: Sounds good.
(Recess taken from 11:44 a.m. to 11:50 a.m.)
JUDGE HENNEKE: We'll reconvene the meeting
of the regular special session of the Kerr County
Commissioners Court. Next item for consideration, again, is
Item 22, consider and discuss civil representation for Kerr
Cuunty/Kerr County Commissioners Court by the Kerr County
Attorney's office. Background for this is that in the first
budget that we, the Court, considered, we restored the third
attorney's position to the County Attorney's office upon
express agreement and representation that the County
Attorney's office would provide civil representation for the
County end Commissioners Court. That agreement was restated
108
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
10
20
21
22
23
24
25
when Commissioner Baldwin questioned Mr. Motley at some time
after Travis had left.
COMMISSIONER BALDWIN: Yes, sir.
JUDGE HENNEKE: So, sometime after last
September 30th. And I put this agenda -- the item on the
agenda with the encouragement of Commissioner Baldwin
because I think it's appropriate for us to talk about
contractual relations prior to number-crunching. We did
this last year with the social agencies. We do it with the
City. We had our joint meeting in January about joint City
projects, and I think it's appropriate that we discuss any
contractual relations again, distinct from budget issues.
So, I don't know when David will be up here; he said he'll
be up here shortly. That was ten minutes ago.
COMMISSIONER BALDWIN: Well, are we going to
carry on a conversation? I mean --
JUDGE HENNEKE: I don't know. I mean, you
know --
COMMISSIONER BALDWIN: He may or may not walk
in. If he doesn't walk in, hell, we're sitting here wasting
a bunch ~L time. But if we can carry on a conversation, you
know -- I mean, I've got some thoughts, and we need to talk.
COMMISSIONER GRIFFIN: I think we could qo
ahead and do that, 'cause I have some thoughts that I'll go
ahead and express no matter who's in here.
109
1
~- 2
3
4
5
6
7
8
9
10
11
12
,.. 13
14
15
16
17
18
19
20
21
22
23
,~., 2 4
25
COMMISSIONER BALDW7N: My question is -- is,
you know, how much civil work have we provided for any
lawyer Ln the last six months or a year? I mean, I really
don't know. I'm not trying to sneak a question in here. I
really don't know that. And the civil work that we're
sending down to David, is he being timely? Is he doing it?
I mean, I -- there's a couple of two or three occasions that
I've -- I know of a couple things that were sent down there
we just haven't gotten back, and I don't know if it's a --
to me, its a time frame thing. You know, things are --
building roads, and there's this question that you and I had
on trying to meet some constituents' needs out there. Those
kind of things, to me, are timely. We need -- it's County
business and the business of the people that we need to move
forward on. Now, maybe David doesn't see it like that, I
don't know. I mean, I don't know what the problem is, but
there's been two or three of those kinds of things. In my
opinion, I think we're falling short, the Commissioners
Court being represented. It's just my opinion. And, you
know, the two or three issues that I've dealt with, to me,
are the -- the answer's not getting back in here fast enough
for me. You know, I think we need to get them in here
wrong. I would -- I don't understand the lawyer thing and
don't have any desire to understand that, but I do
11.0
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
understand taking care of the people's business, and it just
needs to move faster, in my opinion.
DODGE HENNEKE: Well, let us go around the
table. Bi11?
COMMISSIONER WILLIAMS: Well, I think we had
a really good situation when Travis Lucas -- when he was a
tuember of the County Attorney's staff, and he would attend
Commissioners Court meetings. He was in a position to
advise us right on the spot of things that were good, things
we needed to be careful about, or issues that he had concern
about. And we haven't -- we haven't had that type of
service since Travis left, and I think it's sorely needed.
I've missed it. 1've missed the ability to look out there
to him; either he's shaking his head no, don't do that, or
yes, it's okay, or come up to the podium and -- and give us
some good, sound, legal advice. And that's all -- that's
where I'm coming from. I think Commissioners Court always
has that need, a need for that service, and I'd like to see
it performed.
COMMISSIONER BALDWIN: Well, can I ask you
something? Like, the part about having someone in here all
the time to kind of direct us and, you know, steer us in --
away from trouble. If we had outside counsel, would you
expect that person to be in here? I really don't know. I
mean, that's a real --
111
1
2
3
4
5
6
7
8
9
10
]1
12
13
19
15
t6
17
Ia
19
20
21
22
23
24
25
COMMISSIONER WILLIAMS: That's a good
question.
JUDGE HENNEKE: In my opinion, that would be
an issue for the Court to decide. If we wanted, we could
make that a requirement. I'll tell you, from my point of
view, having been the outside counsel to a government
entity, it was invaluable to go to the meetings.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE HENNEKE: Because without going to the
meetings, I didn't know what was going on.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE HENNEKE: I wasn't able to anticipate
and I wasn't able to respond.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE HENNEKE: To me, that's a part of it.
Jonathan?
COMMISSIONER LETZ: I echo what Bill said.
When Travis was around, he was a big help. We did a big
subdivision rewrite during that period, and he spent a lot
of time on it. I mean, I have not asked Mr. Motley to get
involved with this revision mode, because it's not as
significant, I don't think, but I am often uncomfortable
when the Court turns to me on a subdivision interpretation,
and I'm not a lawyer, you know. When Travis was here, those
questions usually went to him, which was in my mind better,
112
1
1
1
1
3
4
5
6
7
8
9
to
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
because it's his job. So, I think it's very helpful,
especially if -- I don't know that we need to have a person
here through the entire meeting, but generally during that
subdivision part the first hour or so, it's very helpful, I
think, to have an attorney, because we -- you know, we have
questions come up almost every meeting regarding
subdivisions and interpretations and things of that nature.
I do remember when Travis was here, we had questions that
went down -- we got County Attorney opinions back very
promptly. I haven't seen one of those since Travis left. I
don't know that we've sent as many down there recently, but
I just know we don't -- I haven't seen them coming back.
And I presume -- well, I know requests have been made of
David, and we're not getting back the same type of
information. In fact, the memorandum that you received with
variance and eYCeption and all, waivers, all that, that was
the first memorandum of that type that I recall in months,
and that's what I like. I like something I can look at and
read, a two- or three-page summary, and I don't see that
we're getting that on a regular basis right now.
JUDGE HENNEKE: Larry?
COMMISSIONER GRIFFIN: Without repeating,
'cause I agree with all that's said -- without repeating all
of that, I think it's pretty well-embodied when Commissioner
Baldwin raised that issue that you're talking about there,
113
1
1 .-.
1
2
9
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
25
which was post-September 30th, and the transcript was in the
packets today, in which we said yeah, the third attorney was
added so that we could have -- one of the reasons we put
that back on was so that we could have civil support to the
Court. That has not occurred, in my view, in a way. So I
think in the budget process this year, we need to look at
how do we do -- how do we get civil support, civil legal
support to the Court? And that's open. We can stay with
what we got if we can figure out a way to make that work,
which I'm not sure it will. We might -- that's one
alternative. Another alternative is to take the money out
of the budget for the third attorney, for the third lawyer
in the County Attorney's office, and put that in a line item
for outside support, or some combination thereof. So,
you've got about three possibilities you could do there.
And, obviously, we need some input from David, if he doesn't
mind coming down and talking to us at some point. But -- or
coming up to talk to us at some point. But if we do --
there he is. So the question is, what do we do? And that's
where we are. And I think it's a budget issue, as much as
anything.
JODGE HENNEKE: I look at it as an agreement.
I mean, Buster and Jonathan were on the Court before we
were -- before I was, and you all didn't use the County
Attorney's office. And I don't know how that worked,

114
1
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
whether it worked well. I don't know whether it worked
occasionally or how it worked.
COMMISSIONER LETZ: It worked very well.
JUDGE HENNEKE: You have a better idea of
what the alternative model is than we do.
COMMISSIONER GRIFFIN: How much did it cost
in a pure year where you just had nothing but outside
support?
COMMISSIONER LETZ: During that period, we
had a lot of major lawsuits going in the jail area, most of
it. But it was, like, $25,000 a year, something like that?
COMMISSIONER BALDWIN: Well, I think it was
an hourly thing.
COMMISSIONER LETZ: It was hourly.
CUMM155lONER BALDWIN: Hourly-type thing that
was major -- major reduced. I mean, 50 bucks an hour? I
just can't remember. Mr. Pollard --
COMMISSIONER LETZ: Yeah. I thought it was,
like, $100 an hour, but he didn't -- I mean, he was not here
in court all the time. He handled certain -- you know, any
kind of real estate transaction, he did those. He was in
court if we requested him to be in court, and he handled --
but at that time, I mean, we can't really look at the
dollars during that period, because there was some pretty
significant things going on. And once we got past that, the
..
115
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
L J
24
25
dollars dropped greatly.
COMMISSIONER BALDWIN: Yeah. But the
service -- the service was great, you know, as far as
requesting something, getting it back in a timely manner. I
mean, I don't recall anybody ever complaining about the
service we got for our dollar. I don't know -- you know,
sometimes -- I've always wondered about that, if -- you
know, if Mr. Pollard offered that reduced rate and kind
of -- to me, kind of bent over backwards to provide
information for the County or to serve the Commissioners
Court because he's an old friend of the County or what. You
know, I just -- you know, I've always wondered about that,
what it would be like with one of these attorneys that have
just moved in the last couple of years. Just a thought. I
don't know.
JUDGE HENNEKE: To me, it's just -- you know,
we have an agreement, and the issue again is are we being
serviced under the agreement, and is the service we're
getting what we are entitled to? County Clerk's office
provides a deputy who's here all the time, very responsive
to our needs as far as processing the papers, making sure
things get recorded and done in a timely fashion. It's just
a question of what do we expect, and are our expectations
unreasonable, and are our expectations being met?
COMMISSIONER LETZ: I think -- Mr. Motley's
116
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2~
24
25
here now, you know. We need to, as a Court, you know,
either now or at our next meeting, put out very explicitly
wl-~at we expect. And if he can provide that service, fine,
and if not, we would move one of those attorneys out of the
budget and we hire outside counsel. And I think if we --
the Court decides we want him in court, we want him in
court. I mean, it's whatever we want to get the
representation that we feel we need. I think we should have
a time table on how long we get to get responses. And if
he's willing to do it, you know, I'd be in favor of using
the County Attorney's office. If he doesn't, he's not. And
as soon as -- first time he doesn't do it, the deal's off.
I mean --
COMMISSIONER BALDWIN: Commissioner Letz, I
remember recently that was kind of -- that was kind of tried
here, and I think because we -- we sent a request to the
County Attorney's office and even put a little time frame on
it, "We would like to have the answer back by such-and-such
date." And I can't remember what the date was, can't
remember what the issue was. I'm wonderinq, did we get it
back by that time? I mean, that --
JUDGE HENNEKE: I think I know which issue
you're talking about. I don't believe so.
COMMISSIONER BALDWIN: I don't have any -- I
can't remember what the issue is, but I just wondered, did
117
•--
1
2
3
9
J
H
7
8
9
10
11
12
13
14
l5
lE
1"r
lE
L
GC
2-
2:
2
2
2
that work?
COMMISSIONER LETZ: We11, I mean, I don't
know Lhat that was the one issue I'm talking about. I think
we need to have a policy and say, we will have a -- during
the first hour of Commissioners Court, for example, a
representative in court every time we meet, you know.
COMMISSIONER WILLIAMS: And arrange our
agenda accordingly.
COMMISSIONER LETZ: Yeah, arrange -- 'cause I
don't mind accommodating -- and I think if we had outside
counsel, we'd want to do the same thing, because I think
it's efficient use of dollars.
COMMISSIONER GRIFFIN: Yeah.
COMMISSIONER LETZ: I think on other items,
contract reviews and all that, I think that, you know, we
should get a reasonable turnaround. I don't think we -- we
all agree, we kiave not been getting a reasonable turnaround,
time-wise, up till now. And I don't know. I mean, it's --
I would agree tkiat up till now, we -- or right now, we are
not getting the level of service that we would like. I
think we need to do it prior to budget, make the decision
one way or the other. We're either going to use the
civil -- outside civil attorney, or we use the County
E Attorney's office and, you know, budget accordingly. And I
S think that - I agree with Commissioner Griffin; if we go
118
1
2
3
4
5
6
7
8
9
10
11
12
13
14
]5
15
17
18
19
20
21
22
23
24
2S
with outside council, we go back and the County Attorney
loses one attorney spot in the budget, because that's where
the -- that's the reason that spot was created originally.
COMMISSIONER WILLIAMS: I'm in accord with
that. I agree with what you said. That is a budgetary
matter.
JUDGE HENNEKE: David, you want to say
anything?
MR. MOTLEY: We11, I -- there's not a -- you
know, a whole lot I can say, other than I want you to all
recognize that some of this turnaround time that you're
saying, you know, that was not met, inevitably it's been
during periods of time when we didn't have a third attorney.
It's -- yes it is, Judge Henneke. Some of it is very well,
yes.
JUDGE HENNEKE: The specific issue that I
think Commissioner Baldwin referred to and that I'm thinking
about happened in January of this year when you were fully
staffed.
MR. MOTLEY: And that may be
I'm telling you that there have been plenty
there have been issues that were sent to us
we did out of goodwill when we didn't even
attorney, and I can name you numerous ones,
saying that there were times when we didn't
That may be.
of times that
to do, or that
gave a third
and so I'm
have a third
119
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
attorney, but we still endeavored to assist the County in
those instances, number one.
JUDGE HENNEKE: The agreement was not that
you would have a third attorney and provide us with civil
representation. Trie agreement was the County authorized a
third attorney. Now, whether you were able to fill the
position or not, you riad the position authorized.
MR. MOTLEY: Right.
JODGE HENNEKE: With the express provision
would you provide the civil representation.
MR. MOTLEY: There's not much way that we can
actually do the work of three people if we don't have three
people, you ]snow. That's -- so, I mean, technically, we may
be authorized the position, but if we can't fill the
position for three and a half months this last time, then I
don't know how you would expect the work to be done during
the three and a half months.
COMMISSIONER LETZ: Well, David, in that
view, I'd say that that answers my question. I'd be in
favor of outside counsel, because we can't stop
Commissioners Court work whenever you lose an attorney. And
that's a -- a continuity issue, to me. We need outside
counsel, and what you're telling us is we can't rely on your
office.
MR. MOTLEY: Well, let me also say that --
120
1
2
3
9
5
6
7
a
9
10
11
12
13
14
l5
16
l7
18
19
20
L1
22
23
29
25
you say that this attorney, in your mind -- apparently, you
say that you think we ought to take all that money out of
the budget for that attorney and pay outside counsel with
it. Again, I remind you that the attorney does other things
besides take care of the Court. They do a lot of other
They service other
offices in the county, number one, civilly. We do, you
know, protective orders, which is civil. We do the mental
health commitments; those are all civil things. So, there
are a lot of other things that are done by this attorney or
this position that -- in other words, they spend a third of
the time over here workinq for Commissioners Court, but we
lose the whole attorney, and I don't understand that.
COMMISSIONER LETZ: But when -- 'cause --
well, the reason is when we hired the third attorney, or
gave you authority in the budget, the agreement was that you
would provide work for us. You're not providing the work
for us in a timely manner.
MR. MO'PLEY: Well, no, I think we are. I
it. I mean, I would like to improve on it. We've got a
departments other than the Commissioners Court. We get
issues from the County Clerk's office, we get issues from
121
Y
1
,~-,
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the Sheriff's Office. We have -- and they're not -- they
don't go through the Commissioners Court. These are very
valid considerations for opinions and contract review, all
manner of things, so they're not all through this body, and
we have those to deal with as well. They're equally
deserving of attention. And we try to prioritize the best
we can and do the stuff that is absolutely the most
important first. And I think I remember what Commissioner
Baldwin was talking about. There was something that was due
on a Monday, and we had it in on a Friday fairly recently,
and then the deal that Commissioner Baldwin and Commissioner
Williams wanted for today relating to waivers, variances, et
cetera. I -- it wasn't there the day you asked for it, but
it was there, I think, a day or two after you asked for it.
COMMISSIONER WILLIAMS: We appreciate that,
and it was helpful in our discussion this morning.
MR. MOTLEY: Well, you know, I'm glad it was.
But I had told you last Commissioners Court meeting that we
had a large backlog of things that have come in, and much of
it did come in during the time when we did not have this
other attorney. And so I'll submit to you that there is a
large -- I say "large" -- probably a dozen research projects
that -- you know, that we have had to push back to do things
that had to be done the same day they were given to us or
the same week they were given to us. They had to be done --
122
f
f
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
I mean, I cannot do every single thing that comes in
Priority 1. And that's the problem; everything that gets
sent says this is the top priority. It's very rare that we
get anything that is not top priority, so we cannot do it
all first.
COMMISSIONER WILLIAMS: I have a question, if
I might, Judge.
JUDGE HENNEKE: You may.
COMMISSIONER WILLIAMS: David, is the third
attorney on staff now?
MR. MOTLEY: Yes, since January 14th.
COMMISSIONER WILLIAMS: Is it unreasonable
for the -- for you to schedule that third attorney to be in
Commissioners Court twice a month for three hours? That's
six hours of an entire month.
MR. MOTLEY: Well, I don't know if that's
going to be the way that it worked. And I know when we
talked about this on October 22nd, I was a little bit -- I
was kind of hemming and hawing around because I didn't
really know what to expect as far as who was coming on staff
at that time. I didn't know -- I came October 22nd to --
originally, I put it on the agenda because we had a guy I
thought was going to take the job, and he backed out. And
so I went ahead and came to court just to honor the agenda
item and talk in general about things, and I did -- I
a - _ ; e :.
123
I
t
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~,
23
24
25
believe I said at that time that it was my intent to do --
to have somebody here and to give as good a service as we
could give, to give timely service, if my recollection is
correct. But the attorney that we did end up hiring has
done a lot of family law, a lot of commercial law, divorces,
things like that, and was primarily interested in expanding
his knowledge in the area of criminal law. And, of course,
the other attorney that we had hired before came straight
out of a criminal situation. We wanted him to, you know, be
the lead counsel in Judge Brown's court. So, any of them
would help any way we can. I'm trying to put them in a
situation that I think would serve their interests as well,
so I've been trying to do this part of it. But when you say
be here for three hours --
COMMISSIONER WILLIAMS: Well, that may be a
stretch. Maybe we don't need that. Maybe the agenda can be
arranged so that those items that would require some
oversight or -- or advice from counsel could be structured
so that you can be in and out earlier than three hours.
MR. MOTLEY: That would be fine. I don't
generally -- I mean, just -- it's not a problem being at the
Commissioners Court meetings in general. It's that -- and I
like your suggestion, Commissioner. I mean, I think that
would help a lot if -- but I also realize that things come
up during the meetings that you need to try to get some sort
__
124

1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
zl
22
2~
24
25
of an opinion on, maybe at the time, if it's possible.
COMMISSIONER WILLIAMS: That's true.
MR. MOTLEY: If we know it -- if I know it.
I mean, most of the stuff that we do in here I wouldn't feel
comfortable advising you on without researching it. And I
know -- I know that you'll try to give us a heads-up on
things when -- which I consider kind of what that was,
the memo that we wrote about the waivers and all that. So,
I mean, I feel like that's the sort of heads-up we need in
order to be able to give a meaningful opinion that somebody
can hang their hat on. I think we ought to -- I just don't
want to be put in a position of saying, well, you know, what
is the problem about antitrust laws, or whatever it is, as
it applies to this without having an opportunity to look it
up. I don't think that's -- what do you expect?
COMMISSIONER LETZ: I think what we're
talking about primarily there is Subdivision Rules, which
our document is not that long and complicated. You have to
look at a couple of provisions of state law. And probably
most of our questions come up in that area, and we usually
almost always schedule those right in the beginning of the
meetinq. And that's, I think, what we're talking about. I
mean, I don't think any of us would expect you to give us an
opinion on antitrust law.
MR. MOTLEY: No. No, and I understand. That
125
1
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ly
20
21
~~
23
24
25
was an extreme example.
COMMISSIONER LETZ: But I would expect an
ar_curate opinion on Subdivision Rules on the spot. That
seems to be expected of me frequently, so I figure it can be
expected of you.
COMMISSIONER WILLIAMS: We've had many
occasions when Travis represented your office here where, if
he didn't know the answer because it took some research, he
wasn't bashful about saying, "I don't know, but I'll look it
up and get back to you." He either did it within the
context of the meeting or he said, "I'll research it. Maybe
you should talk about it at the next meeting." I thought
most members of the Court thought that was a pretty decent
way to approach it.
COMMISSIONER GRIFFIN: Great.
COMMISSIONER WILLIAMS: We're not banging the
hammer on somebody because they didn't have the answer, but
we don't want to get the hammer because we don't have the
answer either.
MR. MOTLEY: I think there's a lot of stuff
that you really need to consider the legal aspects of before
you act. I mean, nowadays you just need that sort of
information, and I understand that.
COMMISSIONER BALDWIN: Okay, I'm going to
eat. aye.
126
1
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
z3
24
25
JUDGE HENNEKE: Anything else, gentlemen?
COMMISSIONER GRIFFIN: That's it for today.
JODGE HENNEKE: We stand in recess till
1 o'clock at the U.G.R.A. classroom.
MS. SOVIL: It's a workshop, Judge.
JODGE HENNEKE: A workshop. We're adjourned,
then.
(Commissioners Court adjourned at 12:17 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 25th day of April,
2002.
JANNETT PIEPER, Kerr County Clerk
Kathy Banik, Deputy County Clerk
Certified Shorthand Reporter
OFiDE=Fi I'dli~;.=:7E'-ilki

CL%ilPts,' R(~1D ACC(:]kJIVI-~:;
' iJn ttri~ the= ~='~nd d_,.~, of App°:il E_41QG=•, rc~;rnt-c L-rr h~ cvn~icJ~_,r ed L;'i
t;y the Co~_v-t: ~wariti~.ts Cvmmi_=ivners' precir~~ts, ;~L~icti said
' C:Iaim=. and facco~_rnts ares
	10--General	for• 317.0,41`.-,.1::,; 14--l=ire F'rvtectivn far 9>9,~_~'~r7.:1_~;
'		-	
	15--Road ?Z	Rr-idge fvr 3~r3,.
~e;9.93;	iF.:)~-Co~.{nty L_aw Library f-'or•
'			'
'
	3~_, :, X21. 16;	~._.~--,I ~aveni le it cat c? A:id	F=~-tnd for 35, .iii. 4
.Ik
i; c7'-_I l.l'd
' Intensive Prvg-Skate Aid F~_tnd for !Si,c:i5.29; `10--Indlyent
r Iieaii,h Gar•e fvr 3%S3, 040. i•4; 70 -Pet"IYIaneYl't finprovement fvr
3,=, 13 t,i. 7~i; :~4'.U-J 4lVeitl lE L?et ent ivn F=acility fvr 3103. ~~+;
..~
iii `.~t.rtc> i_-~~.nd3~~, ~_:Lftti Dist. t-iti_s:r'rle'y 'Far 31.~4r'.;~•4; El(:,_c3tate
F~_{nded r'1Ethi Dist F'rvb fvr 34,S~Ei.7E,; 87--State
Funded-Comm~_mity Cvr-rections for lcU, 700. ifj;
IOTAL f'f-1SH RE.C?UIRE_D f-OR At_.L. FUNDS 1S: c:57,:~r77.`39
Upvn motion matte by Cvnimissir~~~er C3a.ldw:ir-~, secandt?d Ivry
Commissioner Will:i.ams, the f;v!trt unanimously approved by a
vote of 4-0-0, tv I~r;_ry swirl ;accv:tni;s.

OfiC}I=i{ NO. X71--i11
L~IJIJ(;E'f aML:NDh11=hdT Ihd
F'E:I~Ni'1NE:hIT 7 NF'fiOVEI~IEN"f


1
1
On this the r':='nd day o'F i=ipril ~'0~~?', uF,or~ motion mode by
Commissioner Let _., seconded by Commissioner- Griffin, the
Co~_rrt unanimously approved by a vote of 4-0-0, to transfer
61s`k.kk3 from Line Item Nn.7k3--67~i.56c' Cour•tho~_rse Finish Out to
Line Item No.7~-675-Jeri Courthouse C.'nnstruction and author-ire
hand check. 1-he County R~_u:fitor and the Ci~~anty l-rea.s~_{rer- are
I"+crei~y	author•i-~ed to	write	a hand	ch~ec:k in t;he amount oP
' `G1:~Qi.~ti1	made payable	to R.	I',eith	Lonynecker~.
r~anl-_r~ Isla. c7k31c
RULGI'_T AI*1k=Nlil'+IE:NI- IN
2].6TH I)ISTRICf COURT
On this tFte ~=nd day of April 'ciD~2, upon motion made by
~. Coinmissianer Let z, seconded 6y Commissi.oner Williams, the
Co~_t~°~. unanimously approved by a vote of 4-0-0, to transfer
47O13.9k'~ from Line Item Nn.1~D-4n15--41'? Special Trials to tine
Item No. ik-43~-497 Co~_nt Transcript=_; and a~_tthor ire a hand
check. The County Ai_tditor• and the Co~_mty l"e•~aa~_u•t=~• :3re
hereby a~_tthorized to write ~~ h:Znd et~ieck in tl-~e amo~_mt of
~7~Ei.9~ m.:ade payable to Cindy F_ve Snider fur Co~_tri. l"ran script
#A01-172. (State vs. Lewis, llavid W.)
OF2DER NO., ~_"i~13
13UDGf-:I" RMI_NDIhEhdl" IN
COMMISSI01•dEF?S' LOUR"f
On this the 2nd day of Rpril 2~V_~_, upon motion made by
Commissioner Let z, seconded by Commissioner Griffin, L'tre Cca~.u~t
rtnanimously approved by a vote of 4-~-0, to transfer fie';:_,.9~Z~
(=rom Line Item No.l~--4N1--4~N hdotices to Line :[tem
PJo, 1N--401.--4@E F'r-ofe=_:sinnal Eiervices and a~.ithori:°e hand check.
l'he Co~.mty R~.idito~^ ;jnd Cn~.inty -freas~!.rer are hereby a~.{'I:hnr:i;-ed
to write a hand checF< i.n the arnn~.int of 4•F~.90 made payable to
Thomas, H~..idsun A Nelson, t_. t... F'.

OF2DEI~i N0. c'7Ci14
I3LJDVF=T At+lEl'dI7ME=N'i :[N
J'US"FICE OF~ 'FFiE F'E:ACE., F'FiECTNCl'F ONE
On this the 'c'2nd day of April ck1k~~=, upon mi;t.iorr m.+.de by
Commissioner Baldwin,, seconded by C;ommissi.oner' Griffin, the
Cn~_rrt ~_manimously approved by a vote of 4-rD-~, to transfer
X17"r`.46 wii,I-~ ~=7.46 i'r`Om L_in? :[tem N~:,,, 10--4.`.;:.=r-479 t~li~scellar~eo~rs
S1'S[r.~C~ from Line ItE?fll No.10--40`5--46 hlachine Repair to Line
Item No.1~--450-10A F='art-Time Salary and authori-~e a hand
check. The [;o~.mty A~-rditor- a.nd Co~.rrrty -R•eas~_irer ar•e hereby
a~_rthnri~e to wri.!e a hand check in the amount: of 'Fa70.t34'~ made
payabae to Dawn Go].dthorn.

LATE= k;:[LL
RLAh10 RCRI:? ~iRE~=1y INC.
On this the ~:_cnd ii-a.y of April '.~b4~c'y ~-r~:,nn motion made by
L'ommissioner Willi.am.r =,econded by Commissioner lariffi:in9 the
C:o~-tT•t unanimo~-tsly appr-oved by a vote of 4-Z~-fir 'to pay tl7e
following late bill to Alaino RCc~R Area9 Incr. i.n tF,e amn~-mt uF
~ic:;:i. 0~ from Line Item No, 1~--A01--485 Commi.ssionc~~rs Court
Gonfer•enc•es. The Coy.{nty A~,.rditor and County 1-r-eas~..rr-er e?r e
her^e6y a~_rthori~ed to write a hand ChP_r;K in {;fre amo~_rnt of
'bl~',`'-i.~1k made payable t'o Alamo RCRR Areas Ini=„
CRD[R NO.~_7~i1.6
APPROVE AND ACL'EPT MONI"HLY REPORTS
4n this the ~cnd day of April 'S~4~c, upon mot :ion made by
Commie~sior-~er- Let:, <>econded try Commi.ssiener Williams, the
C.o~.u t unanimously approved by ~ vote of 4-~-~D, Co <a~__c~ept the
following rr_pnrts a.nd direct that tt-~er~ be filed with the
County Clerk for- fttt~-u^e audit:
,7annett Pieper, County Clerk
General -- Mar°ch G0~2
Trust - hi.-,.rch '~:k~~='
Linda. Uec:ker, District Clerk
March cVir2~.
W. R. Hierhol~ er, Sheriff
Civil Report -- March '50~
Uawn Dlriglri. -- J.~='. #c
March c00c
ORD'e-1'~2 IVO. ci'51.7
RF'F'RFJVF~~.. faUTHC1RI%ING SF1L.E OF=
SURF'L.US F'I~i]F'ERl"Y
On this the ~'~-nd dray of fipril 2N0'r_', ~_:.pon motion iria~:.le by
C'ammissioner Griffin, seconded by Ci~mmissioner L~aldw:in, the
Coi_rrt unanimously approved by a vote of 4-Q-Q~, to der-l.are the
property, nn i;he attached prE=,ented list as s~"rrpl~..rs and
a~"rtFwrie e the sale of such s~_irpltrs prrr[:rerty un May -tth, Year
c'~~~='. tl~_rt at I,hr~~ A~ Aarn.
C7RGEF2 NL7. ~_ S18
API'-'ROVRL Of' AF'F='L_:ICATION Tt] CL_OS~, Ai3(1NDQN, ANI7 VACilT'~
A F'ORTIf?N OF LARRY LANE AND ~>E:T F'URLIC HE-ARINf.~
On this the ~=2nd day of April 2~~2, ~.ipon motion madr_~ L;y
Commissioner I3aldo-iin, seconded by f;ommissioner Williams, the
Court; unanimously approved 6y a vote of 4-0-0, to set public
t7eariny on ,I~..ure l~t.h, Year 2~4~c:, al,; ]. 4) a'cloch a.m„, here irr
Kerr County Commissioners Courtroom for the purpose of
c:on>i.der•ing bhe a.rc~e*xjnient of the plat o1= Kerrville So~.Ath
Ratnahes Number two for the purpose of c7.osiny, at~andon:ing, t?nd
var_atiny the ~:;artion of L..ar•ry Lane.
nRnf~R raa.~:7:~i~
Farr-'RnVRi._ RC;CEI='TItJG C)ONRTION Df= . N~ RCRI= Clf=
F'f2CIF''ER'fY FOR F='IKES F'ERti RIBt-IT--4JF'--WRY
pr. tt-~is the c2nd day of Rpril r~~~=~ ~_ipon motion made by
C,omoiissioner- Paldwi.n9 secronded by Coaimissi.imer Lest: ~ the Cw_irt
~-inanimously approved by a vote of 4-@-Q~, to <?.crept the
donation o~ .0 acre of land from F='i.ke's Faeak right-of--way at
State f=. M. l.1c73 from owner- -Tohn G. Wright.
,~-~
ORDER NQ. c 75c:0
FINAL APF'ROVAI_ OF TWIN SPRING5 RANCH II, F'CT ~_
t]n this the c'r'nd day of April ~'00c, upon motion made by
Commissioner Williams, seconcled by Camniissianer t_etz, t:he
Co~_irt unanimously approved by a vote of 4-0-~, to yrant final
approval to plat of l"win .S'print's Ranch, Roman niamer-<al II, iri
Precinct 'c, s~_ibject to receipt of the original Letter of
Cr•edi.t from State National Bank in the amo~_mt of 515,000, at
which time County J~_~dge will be authorized to sign the final
plat.

ORL'ER N0. E7ri2].
i~iGPR~VGi._ RUl'I-iORIZINt:i CL]UIVI'Y E=N~:iINEER TO
WRITE L-E:'fTER T^ CLflRIFY SECTIUN i. ~4B OF KEF2F2 C01!NT't'
IJBDIVIS:[(Jh1 RULE 8 REf~IJI_AT:[ONS
On this the c'_nd day of Hpril c:~k~ir_, ~.ihan motion made by
C]amm:issioner Williams,, secandecl by Commissioner 6riFfin, the
Caur-t unanimo~_rsly appr^oved by a vote of 4-~D-~, that the
Cn~_rnty Engineer is a~.xthoriar.ed to aarite a letter to the owner
of Lots c, ?,, and 4 :in Kerr Vista ftancn S~_rbdi;ision9 vecti.an
?„ Block B, regarding 'the divi=..ian of s~_u_h bats falling within
Kerr Ca~_uity ~.it?rJi.visian F2~a1es and Reg~_ilations.


AF'F='ROVA~ TO GRANT" A l"EMI='ORARY "EXCEF'T:[OM" OR "VAI~IANC:E"
TCl T}i1= D. S. S. }_. fdEAL. ES"FATE: "iRANSFEJR REG!UIF2EMENTS
Gn th:is the ..'.-nd d<ay of April 'r''00i, upon mrrtion made by
Cammi.ssioner Willi.ams~ seconded by Commissioner Halciwin9 the
i.:ocrrt unanimously approved by a vote of 4-~D-0, to grant and
exception to 'the Sect, ion iN re=al estate t'r-ea.nsfer requirem+~nts
'.i.n the kGerr County Ll. S. S. F. Rules for the sale of t:he Rancho
r?aks Mobile Home F='arlt, ~. onetime exreptiony upon appro•.'ai i_a'y+
the Cnurt of an agreement between the sel.ler-9 tFre prosspect:ive
p~_~rchaserr and I;err County that: the mobile home park w.il:[ be
connected to t:he c~er~tral. sewer collection sy:atem not Tatar
than ~_4 months a('ter such sewer collection system is available
far• ttse.
,~'^

,..,
f-aF'PROVRL OF TWO Ap'F'OINI-EES TC7 I-;FRRVLL_t_E-ila`RR.
COL1P{TY 30IPJ'{' RIF2F~'OF2T RllVISORY BORRD
Ori this the ccnd t~.i?.y of Rpri.l c'~~'~y u{~on mat ion made by
COtl11'if1S510n C'r Williams, se~on~l ecJ 6y t;ammi s=>ioner- C-;ri f~rin, the
Co~srtt unanimously approved by a vote of 4-Q~-0, to reappoint
Iir. Sarin Pavis and Mr. Sim Miller a.s the Coy-u-sty's appointment>
to the t:errville--Ker-+• Coy-inl.y Joint airport Rdvi.sar-y Roarrl.

ORDER NO. ~7.`~c4
i--,
AF'F'ROVRt_ {71= RESOt_UTION FOR AF'F'I_ICA'7"ION
'!'O 7'F~E l'EXAS OF AGRICULTURE FOR A :=~0c: 'FEXRS CRF'ITRL
FUND GRANT TO ASSIS"F FRONTIER TRUCK GEAR
On this the c:'rtd day of April tWO:_, upon motion made by
Commissioner Williams, seconded by Commissioner Lets, the Court
unanimo~_isly approved by a vote of 4-~-0, a resol~.ation that
authorises on heh<alf of Kerr Co~.mty an application to Texas
Department of Agrici.~lt~.ire for a CG~c Texas Capital. F~.md Grant
in the amount of $5U~0, Nk'~0 to assist Frontier Truck Gear, a
h~.isiness operating in Center F'oint, Kerr Co~_mty, Texas, to
purchase a Facility, and a~athor•i~es County I~_~dge to sign tF~ie
necessary docunents.

APF'RGVRL. OF FiE iOLUTIC]N FC]R RPF't_ICRTION Or i~ ~'.0~'c'
TEXFaS Cf]MMUNITY DEVEL.QPMENT PROGRRM CCJLnNIR FUND GRRNT
C]n this the c:~:nd day of Rpr it c:00~', !~.pon motion made by
Coirimissionlar Wi:Ltiarn<s, secnnrJed by Commissioner GrifFin, i.;he
Court unanimously approve by a vote of 4-0-Qi, a resolution
authorizing application for =:0V~2'_ Texas Community Developmen{:
F'rograrn Colonic. F!n-~tl Grant t:o cnnt:iruae ttre Kerrville South
y.].a.5t e44at er SeY'V 1l:: E? f)i•O,]et:"t.
r.


AE='F=~RC]VAL ~]lJl-HCJF2I.ZTNr.:, TC:TRfl 1't-CH, 1Nr, f=~RC]..Jf=CT
E=PJGINEGR TCI t~Ol_IC[l- CC:INf:;TF2UC'"ETON EaII.~S
04-~ this the ~'__nd day of f3pr:i1 cVIrZllii, ~.4pon motion marar_> by
Commissior4er• Williams, seconded t;y Cnrnmis=;ionEr Let:>, the
Co~.n•t unanimor-ISly approved by a vote of 4-0-r~, to a~.4l:horirE.
-fet-r•<3 lECh, .[nc., as pro,jer..t engineer 'For the Kerrv:il7.e So~_4th
wastewatEr construet:i.on prra.]ect, t:n solicit constr~4c{.ion bids
For 2W01 Colonic 1=sand Ora.nt, I?Errvil.lE So~.4th wart?water
project, specifically tl-~e F2i.ver F-I:il1s sewer line, with the
<3dvET"tl'.iEmEYlt for su.rh bids to t7E p~-4blished Gpril c4th and
Ma.y 1st, Year c'Chl?ic, and the llids to bE opened at ~:i special.
I;err Co~.nYty Commiss:ionErs Co~.4r't mEE't:irYg til be field on May 9'tl-4,
Year 24~~~, a.t 3 0" c:aoc4t a, m. , here in {:hE f.e r'r' Cell T7ty
l.ommiss7.011EY'S rUL47"'tT'•OUm.

RF'F'ROVRI_ OF SCHEDl.11..E FOF2 CCINSIDEF2Rl"ION
OF FY Vic-03 AUI7GF:'f
On tt-~is the ccnd d<_a.y r:~f Rpri.l ~=ViV4:', ~.ipan mni;:i.nn made ~y
Cammissianer IZaldwi.r~, secxancaed by Commissioner 6riPiin, I,he
Co~_i~ t ~"manimously approved by a vote of 4-0-0, 'to adoC,i, the
sc_hed~.ile presenL-ed far ronsi.derat-ian of L-he FY '0:=,"V~ budget.


APF?RC]UAL OF CONTI~RCI" W:["CH HIL_l.. CC]UNl"RY C:FiISIS CnIJNrIL
On this tt-~e c2nd of April .='4'~lh4i=:, upon moi.;irrn made by
Cnirnn:i=;sioner- t._et::, secnncaed h:ry Gainmissi.oner ha;.dwin, 'i:he Co~.irt:
unanimously approved by a vote of 4-0-N, to ~pprov? L-he
cnritra~:t with E-1i 11 Go~..int-i,y nisi<.; Co~_inci.l and authnr:i.ze Co~_mt~y~
Judge to sign same.
ORUEI~ raa. ;~~s~~a
AF'4='Rp4RL.. OF RF='F'I_:[CHTICItJ 13'f F:FI?R CC7UNTY FOR
INATGENT DEf=EN5E GF2FaNT
On 11115 The ;_;:'nd d:~y of ti~pt i7. r'~0c:, ~_+pnn motion made by
Commissioner t3riffi'in, ser_oncfeca try Commissioner fla.ldw:in, the
f ~,~_irt ~_inanimo~_isly approved by a vote of 4-~-~D, the aC~l:~lica.~~.ion
Ley I'.err Cu!~.nty 'F fir an :in!Jigent De'Pense Gran'b and a~_ithor•i;e
Ca~.inty J~_~dye ca sign same„
ORI3ER Mo. ~~-r~=~ ~
ApF~Ri?VAt_ RFiTII=-ICF'+TION OF L..APJI31._r.)RD ESl'OF~F'E.L_. iaND AC7CESS
ACiF?EE.MEMTS REl_A'f ING TO SRLE OF= MOONEY ASSETS TO A. A. S~ I.
On this the ~~=nd day of April ~i-'V1V5ic, ~.rt:~:~n m!~i;ion made t,y
C'ommi.ssioner- C?,r :i~Pfin, secorrried ~y C:ommissiur~rer Ral~iwin, tFre
Ca~ari.; unanimously approved by ~ vate of 4-~--SAS the C_.-andlord
E.str~ppel an~.:l Fir-mess Ayreemcc~i:s rr~la{:ng 't,~.a i;4~e at.l,= of tt,==
Mooney assets A. A. S. I., and a.r_rthorize the Co~_mty J~_~dye to sign
same.
,~.^

ORI3F.R n10. ~=:T.i..;1
RF'F='ROVRI_ RFJ"fi-IORItThlrn LJSF i11= G1E,6G7 OF 1-HF
~GJg ~~~ PUI~C?,FT F=OR RIF p'R(iF'ERTY C:i R(1tJ-f MRTCH
On tf~is the ~'cn[i ~_;ay o'f R~:a~°:i 7. r~[~klr, ~.{pon inatian rn:ade by
Connnissioner Gr:iff:in, seconded by Commissioner Let-, the Court
~_manimously approved by a vote of 4-Q~-0, I;o a~-r~:h~-ir:i-ve the ~a5e
of ~ 1G, E;E;7 a F i;he 3f,.`.-:, ktir~ 4:~radget for R. I. F'. praPert'r+ grant:
match for fencing project match, and further- authUr:i.;-e the
appli.ratl.on 9;o thu Te>ca.s Dep_a.r•tment of Transportation Rvi.ation
Capital I:mpr-ovement (='rogra.m f'or feni.ing :imp+ovements at the
K~r'rrwi.llelK.r~~°r Co~_rr~iry Ri.r~:nrrt~

R1='PRQVAI_ 01= WHRI=i-~i]1.1.'~E t_ii_R5E Gl" AII~r'ORT
On this the r'e'nd day of Gpril 80Nri, upon motion macae Lry
Commis-.sinner W:ila:iarns, seconded by Cemmiss.ioner Griff'i.n, the
Cu~.rrt unanimar_isly approved by a vote of 4-0-i~, to a~_rt:hnri-~e
tt'~e resole.±: :ion reyeirdir~g le=<:?.siny Lire. wareho+_1se t~.~ Tr ie.d
t~aTl li i"c7Ct LIT".111, L.i m'itf~of, 'for -fr act. 15 of tha }?errvillel}ierr
Cn~_mty Rirpor•t and a~.rtProrire Ca~_nrty ,I~.uaye to sign same.
.~'~
oRr.,FF~ ran. ~_; ~.
RF'F'ROVRL_ OF NRTIQNRI._ Di~Y oF- F'RRYER
F`ROC..:LRMR"fTDN RhJI] Rll-ft-IOf'tIZE= COUNTY JUD!3E TO STGN SRPtE
Qn 'r.his 'tt~e [cSnd day a( Rl:~ril 'r'_'~0;_'9 ~~.pun moti.nn rn:ad? try
Commi.ssicrner Ht:r7.cfwin9 =.;ec:~oncied by Cirminissioner Let z:9 the C.ni"rrt
~_manimo~.rsly approved by a vote of 4-0-Q~ tv ~rd±apt _.
proclamation declaring M.:ay rnd~ Year "c'N~c', t-n he N:ai:ion~7 i)_jy
of F!r~ay er in t!er r- [:; ry lnit y.
,~•,