....
~.
1
2
3
4
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
,0
21
22
t
24
~5
KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, June 10, 2002
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
C
C
PRESENT: FREDERICK L. HENNEKE, Kerr County Judge
H.A. "BUS'I'ER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner P~~t. 2
JONATHAN LETZ, Commissioner Pct. 3
ABSENT: LARRY GRIFFIN, Commissioner Pct. 4
z
1
3
4
5
5
7
8
9
10
11
12
13
14
15
16
11
18
19
20
21
~,
G3
24
25
I N D E X
June 10, 2002
		PAGE
---	Commissioners Comments	4
1.1	Pay Bills	7
1.2	Budget Amendments	8
1.3	Late Bills	18
1.4	Read and Approve Minutes	24
1.5	Approve and Accept Monthly Reports	25
2.7	Set workshop to discuss Sheriff's Department	
	Long-Range Plan for June 17, 2002, from 1-4 p.m.	25
2.1	Approve TetDOT Airport Project Participation	
	Agreement for engineering services for Capital	
	Improvement Project at airport, authorize County	
	Judge to sign	29
2.2	Discuss allowing Kerr County Market Association	
	to hold a farmers market on Courthouse Square	36
2.3	PUBLIC HEARING - Closing, abandoning & vacating	
	a portion of Larry Lane in Precinct 1	59
2.4	Discuss closing, abandoning & vacating a portion	
	of Larry Lane in Precinct 1	60
2.5	Appeal to Commissioners Court regarding OSSF real	
	property transfer	61
~.5	Discuss adopting revised Kerr County Subdivision	
	Rules & Regulations	gq
2.7	Set date for joint budget meeting with Kerrville	
	City Council	96
2.8	Adopt FY 02/03 budget workshop schedule	98
---	Adjourned	100
1
2
3
4
5
5
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
Ll
22
23
24
25
3
On Monday, June 10, 2002, at 9:00 a.m., a regular meeting o
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: It's 9 o'clock in the morning
on Monday, July 10th, (sic) Year 2002. We'll call to order
this regular meeting of the Kerr County Commissioners Court.
Commissioner Baldwin, I believe you have the honors this
morning.
COMMISSIONER BALDWIN: I do, sir, and I have
a special guest with us today. He's the Associate Pastor of
the First Baptist Church of Kerrville, Robert Turner.
Robert, if you'd come and pray for the Commissioners Court,
and -- and then when you're through, we'll do the pledge of
allegiance.
(Prayer and pledge of allegiance.)
COMMISSIONER BALDWIN: Thank you. Thank you,
kobert.
JUDGE HENNEKE: At this time, any citizen
wishing to address the Court on an item not listed on the
regular agenda may come forward and do so. Is there any
citizen who would like to address the Court on an item not
listed on the regular agenda? Going once, going twice. Any
citizen wishing to address the Court on an item not listed
~__,~-n
4
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
15
17
18
19
~0
21
~~
23
24
2J
on the regular agenda? Hearing none, we'll go to the
Commissioners' comments. Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes, sir. I only have
one item to bring today, and that is three Commissioners
ago, in this seat, my good friend Fred Holland will have a
90th birthday day after tomorrow, 90 years old. And he
still calls me and he still drives me totally insane, and I
still love him. I've been trying to get -- I called him
Uncle Fred for years, you know, trying to get in on the
inheritance, but I don't think it's going to happen. But
Fred's 9Uth birthday is next Wednesday. That's all I have.
JUDGE HENNEKE: Commissioner Williams?
COMMISSIONER WILLIAMS: Well, speaking of
people who are 90 or in that range, this past weekend, one
of Kerr County's finest was recognized in Dallas by the
Texas Federation of Republican Women; that would be Betty
Strohacker, who I believe is middle -- in her '80'x, for her
years of outstanding service as an excellent judge in Buster
Baldwin's precinct out there. And, bless her heart, she
managed to get her picture made with Senator Kay Bailey
Huchison; she got her picture made with Susan Combs, the
Agriculture Secretary, and who knows who else? But she had
a smile on her face that was just about as wide as you can
get, and she was really pleased at the honor that was
bestowed on her.
u-o~
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
ZJ
16
17
1B
19
20
21
22
23
24
25
I had an item left over from last time,
because we -- early on in the meeting, we got a little
sidetracked and didn't get into things of this nature, but I
just wanted to pay a comment or two and a little bit of
praise to one of our fine young people from Center Point,
Lisa Diltz. And there was an article in the Kerrville Daily
't'imes on the 28th of May commending her. Out of more than
7,200 student athletes nationwide nominated from more than
20,u00 high schools across America, Lisa was named second
team All-American in high sr_hool sports for her activities
and her leadership in Center Point High School. She'll be
~ off to college this year, and wherever that young ]ady goes,
she's going to do well. Thank you, Judge.
DODGE HENNEKE: You're welcome. Commissioner
LF,'tZ~
COMMISSIONER LETZ: I just have two very
brief comments, both regarding baseball. One, Tivy had a
great season. They did end up losing at the regional
finals, but had a great season; went as far -- as far as any
team's ever gone in Tivy baseball, defeated by their nemesis
Calallen one more time, which has happened many times in the
past. And also, I have a new nephew getting ready to be a
Texas Lonyhorn -- or another nephew. Congratulations to the
Texas Longhorns for going for a record 29th time to the
World Series in Omaha next week.
-Ln-q_
6
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~2
~3
24
25
COMMISSIONER, BALDWIN: Fantastic.
DODGE HENNEKE: Gocd.
COMMISSIONER LETZ: I can switch to my true
colors now; I had to be an Aggie for four years.
(Laughter.)
DODGE HENNEKE: The problem is, they play
those Rice Owls first game in the World Series.
COMMISSIONER LETZ: That's all right. No
problem.
COMMISSIONER WILLIAMS: Cougars are pretty
good.
COMMISSIONER BALDWIN: Judge, I had no idea
we were goinq to talk about sports this morning. I do have
a sports comment, if you don't mind.
JUDGE HENNEKE: Fire away.
COMMISSIONER. BALDWIN: The Tivy Antlers --
you know, in the summer they play 7-on-7 football, which is
a -- it's kind of a training ground for -- the quarterback
gets the ball and has four seconds to qet rid of it, and so
the receivers have to run real crisp routes, and quarterback
has to read real -- it's a neat, neat league. And our local
group went to Southwest Texas in San Marcos Saturday, playe~~
six sCraight hours of football, and out of 28 teams, they
got beat in the championship game. So, things are looking
pretty guud around here; I'm excited. And my little boy was
, i~-~_
1
3
4
5
6
7
8
9
10
11
12
13
14
15
15
17
18
ly
20
21
~2
23
24
25
7
there.
JUDGE HENNEKE: And your little boy was
there. That is -- that's great. I want to extend the
Court's congratulations to Mr. Bi11 Slivka, who actually
lives in Commissioner Letz' precinct. Mr. Slivka has been
chosen by the Alamo Area Council of Governments as the
Regional Citizen of the Year outside of Bexar County.
Mr. Slivka serves as ombudsman for the Hilltop Nursing Home,
and he serves as ombudsman for several different nursing
homes in the area, and our congratulations to Mr. Slivka for
this well-deserved honor, and our thanks to him for this
service that he devotes to the citizens of Kerr County.
Also, I want to again extend our
congratulations to Connie Reeves. Connie, who's 101 years
old, is one of the charter members of the National Cowgirl
Hall of Fame, and this past weekend in Fort Worth, they
dedicated their new building, and Connie was actually up
there for the dedication. She had to hurry back, though,
because Waldemar has started, and she had classes to teach
for horse riding. She's been teaching horseback riding at
Waldemar for 67 years, and she's a wonderful person, and has
a hard time -- hard time walking, but you put her on a horse
and there's no difficulty there whatsoever. So, again, our
congratulations to Connie. If that's all we have this
morning, let's pay some bills, Mr. Auditor. Does anyone

e
1
3
4
`,
6
7
R
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
have any questions or comments regarding the bills as
presented?
COMMISSIONER BALDWIN: Judge, I move we pay
the bills.
COMMISSIONER WILLIAMS: Second.
J[7DGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
payment of the bills as presented and recommended by the
Huditor. Any questions or comments? If not, all in favor
raise your right hand.
(The motion carried by unanimous vote.)
JIIDGE HENNEKE: Opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Budget
amendments. Number 1 is for the District Clerk's Office.
MR. TOMLINSON: Okay. This amendment is to
transfer moneys in Iine items in her budget for purchase of
postage. We're adding $1,"785 to the Postage line item,
$1,085 from Parr_-Time Salaries, $500 from Machine Repairs,
$200 from Miscellaneous, $383.36 from Office Supplies.
Part -- and out of -- the $383 actually moves to her
Microfilm Records. I have a bill attached -- a late bill
attached to this payable -- for 51,000. It's payable to
U.S. Postal Service.
COMMISSIONER LETZ: So moved.
~, - 1 ~,- i i ~.
9
1
2
3
9
5
6
7
8
9
10
11
1~
13
14
15
16
17
18
19
20
~1
J?
23
?q
25
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve
Budget Amendment Request Number 1 for District Court, and
authorize issuance of a hand check in the amount of 51,000
payable to the Kerrville Postmaster. Any questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
DODGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Amendment
Number 2 is for the County Court at Law.
MR. TOMLINSON: I have -- I have $1,740 in
attorney's fees for the County Court at Law. That line item
is depleted. we're requesting transfer of that amount from
Court-Appointed Attorneys line item in the County Court.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
Budget Amendment P.equest Number 2 for the County Court at
Law. Any questions or comments? If not, all in favor,
raise your right hand.
fThe motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
-l~ -
10
1
2
3
4
5
E
7
8
9
10
11
l2
13
14
15
16
I7
18
19
~0
21
22
23
24
~5
(No response.)
DODGE HENNEKE: Motion carries. Number 3 is
for Court Collections.
MR. TOMLINSON: This transfer is to Books,
Publications, and Dues for $39.44, and $200 to Office
Supplies, to come from line item Credit Reports for $239.49.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
DODGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
approve Budget Amendment Request Number 3 for the Court
Collections Department. 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. Budget
Amendment Request Number 4 is from J.P. Number 1.
MR. TOMLINSON: This is a request from the
Judge to transfer $16_'.91 into Office Supplies, $72.59 from
Miscellaneous, and $90.3! from Telephone line item.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
t-. -
11
1
2
3
4
5
6
8
9
10
11
12
13
19
15
16
17
18
19
20
21
zz
?3
24
~5
approve Budget Amendment Request Number 4 for J.P. Number 1.
Any questions or comments? If not., all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
DODGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 5 is for the 198th District Court.
MR. TOMLINSGN: This line item transfer is --
totals $8,288.81. That -- that amount we're requesting to
transfer from Court-Appointed Attorneys line item in 198th
District Court. $7,998.50 of that is to the Court-Appointed
Attorneys line item in the 215th court, $490 for
Court-Appointed Services also in the 216th court, and
$~.i6.25 in Court Transcripts in the 216th court, $19.05 to
Books, Publications, and Dues for the 198th District Court.
COMMISSIONER BALDWIN: Tommy, we're
transferrinq $7,500 into the Court-Appointed Attorney, and I
don't know which -- is that 198th?
MR. TOMLINSON: Yes, that's the 198th
court -- I'm sorry, that's the 216th.
COMMISSIONER BALDWIN: 216th? I thought all
along, for the last few months, that we've been transferring
money all around into Court-Appointed Attorneys, have we
not?
r> > ~ - _~~
12
1
2
9
5
6
7
8
9
1G
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
MR.. TOMLINSON: We have. But the --
COMMISSIONER BALDWIN: Suddenly we have 8,000
bucks to transfer?
MR. TOMLINSON: The 198th court has -- has
sufficient funds in that line item.
COMMISSIONER BALDWIN: Okay.
MR. TGMLINSGN: So we're transferring it from
one court to the other, just to try to make -- make the
year.
COMMISSIONER BALDWIN: Is there a reason the
198th has sufficient moneys there?
MR. TOMLINSON: Apparently they just haven't
had the cases that -- that the 216th has this year. That
happens from year to year.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER WILLIAMS: Second.
JUllGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
approve Budget Amendment Request Number 5 for the 198th and
216th District courts. 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. Number 6 is
E~-_~-~ _
13
1
2
3
4
5
7
S
9
10
11
12
I3
19
15
16
17
18
19
2~i
L I
22
Z3
24
2 ~~
for the Law Library.
MR. TGMLINSON: Gkay. This request is from
the Law Librarian to pay a bill for $1,233 for books for the
library. In order to do this, we need to increase the
budget by that amount, to come from the surplus funds in the
Library fund. There's no pla~~e --
COMMISSIONER WILLIAMS: What fund again?
MR. TOMLINSGN: There's no place to transfer
those funds within the fund.
COMMISSIONER WILLIAMS: Fund number 18 is the
Library Surplus?
MR. TGMLINSON: Yes, it is.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
approve Budget Amendment Request Number 5 for Law Library,
declare an ernergency and transfer the funds from the Fund 18
surplus reserve fund balance for the Law Library.
MR. TOMLINSON: I might add that this fund is
totally funded by Lees from the court. So --
DODGE HENNEKE: Any other questions or
comments?
COMMISSIONER. LETZ: Question. Is that a --
it seems early in the year to have a shortage in that fund.
14
1
3
4
5
5
7
8
9
10
11
12
13
14
15
16
17
1R,
19
~0
11
22
23
29
25
And I also -- that's the first part of the question.
Usually these are pretty much regular when they come from --
I mean, a couple of them, when it comes in. Also, I thought
we were going to get rid of a lot of the books when we went
to a computer system.
MR. TGMLINSON: That's a question for the
librarian. I -- I can't answer that, but I -- I have the
same question as you do. I thought also that -- that we'd
see a reduction in books once we had the -- the computers
that were available to -- to the public for research.
COMMISSIONER LETZ: Okay, thanks.
JUGGE HENNEKE: Any other questions or
commentst If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: A11 opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Amendment
Number "% is for J.P. Number _.
MR. TOMLINSON: This request is to fill a
vacancy for a part-time person for the -- the -- his clerk
that resigned. He's asking to transfer $500 from Office
Supplies, $500 from Equipment Maintenance into his Part-Time
Salary line item.
COMMISSIONER LETZ: I -- I'll so move. No
proUlem with doing that, but I have a question.
-i',- _
1
3
9
5
5
7
8
9
10
11
12
13
14
15
lb
17
18
19
?~
~l
2~
23
~9
25
L`
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by --
COMMISSIONER BALDWIN: And I also have a
question.
JUDGE HENNEKE: -- Commissioner Letz, second
by Commissioner Baldwin, that the Court approve Budget
Amendment Request Number 7. Any questions or comments?
Commissioner Letz?
COMMISSIONER LETZ: Why wouldn't the money
come out of salaries? I mean, it makes more sense to me to
take it out of salaries, 'cause --
MR. TOMLINSON: I think -- I'm not sure about
this, but my guess is that there was vacation time that we
paid, and -- or comp time that we paid that used up --
COMM155IONER LETZ: Some of that?
MR. TOMLINSON: -- some of that.
COMMISSIONER LETZ: Okay.
MR. TOMLINSGN: I'm not sure that's what it
is, but I tkiink that may be it.
JUDGE HENNEKE: Commissioner Baldwin?
OCMMISSIONER BALDWIN: It was the same
question. And even after the answer, I'd ask -- have to ask
the question again, same question. 1 don't get it.
Whatever.
COMMISSIONER LETZ: So, I mean, as lonq --

I F,
r~
1
3
4
5
6
7
8
9
10
11
12
13
14
15
l5
17
18
19
~0
Zl
22
'3
~4
25
until they find a full-time replacement, they're going to
use part-time, and I guess they had -- and I would think it
would come out of the salary line item in the future.
That's probably a better --
MR. TOMLINSON: Well, the new salary will,
but I'm not sure -- I'm not sure what's -- what the
remaining balance is in the salary line item.
COMMISSIONER. LETZ: Okay.
MR. TOMLINSON: I mean, I'm not -- I'd have
to resear~~h that.
COMMISSIONER BALDWIN: Well, now, if the
present employee -- or the former employee took a vacation,
we wouldn't amend the budget to -- for her to have a
~ vacation.
MR. TON]LINSON: No. If she resigned and
hadn't taken her vacation, we'd have to pay her.
COMMISSIONER. WILLIAMS: That was --
COMMISSIONER BALDWIN: To me, that's the same
thing, though. A vacation is a vacation, if you take it
before you quit or after you quit.
COMMISSIONER LETZ: Ordinarily, the part-time
salary line item would have been used for that, but because
of the situation, we've used the part-time salary already,
and in the interim --
COMMISSIONER BALDWIN: I would never question
17
1
2
3
9
5
6
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
24
2`
the County Auditor.
MA. TOMLINSON: Well, I know that, you know,
vacation time and romp rime is a real liability to the
County, of -- of -- for people that have vacation time
accrued that have not taken it. And if they haven't taken
it and they resign or -- or, you know, leave County
employment for any reason, you know, we pay them for that
time accrued. There's -- there's a substantial liability
county-wide for that. My -- my -- as I remember, when -- at
the end of the year, when we accrue those numbers, at
September the 30th of each year, it's approximately $60,000
to $80,000, county-wide.
COMMISSIONER WILLIAMS: Unused?
MR. TOMLINSON: Unused.
COMMISSIONER BALDWIN: Of ~~ourse, another
approar_h to look at this thing right now is these other two
lines that the thousand dollars is coming out of will run
out.
MR. TOMLINSON: They might.
COMMISSIONER BALDWIN: We11, they should, if
we're budgeting properly in the front end of the year. We
shouldn't have $500 laying around this time of the year
anyway. Gid I second or amend --
J[1DGE HENNEKE: You seconded, yeah.
COMM155iONER BALDWIN: All right.
- 1 '_ i
18
1
2
3
4
ti
6
7
8
10
11
12
13
14
15
1h
17
18
19
20
G1
-, ,
23
24
'S
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. Do you have
any late bills?
MR.. TOMLINSON: Yes, I do. I have one from
Patricia Harris for $45.89. This -- this is to be paid from
a grant. It's the Hill Country Se r. Offender Management
Project. It's for travel to -- to -- to the advisory team
from Austin for travel for that purpose.
COMMISSIUNEH WILLIAMS: So moved.
COMMISSIONER. LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Let z, that the Court
authorize a late bill and a hand check in the amount of
$95.89 payable to Patricia Harris. Any questions or
cumments? 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. TOMLINSON: Okay. The next one is to
Texas Tech OniveisiLy. It's for $150. It's for
F~-1'~--il!
19
1
I
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
~l
~~
L~
23
24
25
registration for the 107th Annual County/District Clerk's
Conference.
JUDGE HENNEKE: And it's registration for?
MR. TOMLINSON: It's for Linda Uecker.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court
authorize a late bill and hand check in the amount of $150
payable to Texas Tech University for the registration for
Linda Uecker. 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.
MR. TOMLINSUN: Okay. The next one is to the
Holiday Inn Park Plaza in Lubbock.. It's for $189.89, and
it's lodging for the District Clerk for that conference.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLlAMS: So moved.
JUDGE HENNEKE: Motion by Commissioner Letz,
sec~ud by Commissioner Williams, that the Court approve a
late bill and authorize a hand check in the amount of
$189.84 payable to Holiday Inn Plaza -- Park Plaza for
-i~ _~ _
1
3
4
5
6
7
8
9
10
11
12
13
14
15
1h
17
18
19
'0
~l
22
23
24
~5
~o
lodging for attendance at the District Clerk's convention.
Any other questions or comments? If not, all in favor,
raise your right hand.
(The motion ~~arried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries.
MR. TOMLINSON: The nett one is to the 198th
District Attorney's office for 9 -- $936. It's for -- to
reimburse the District Attorney for witness expenses for a
198th court case.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve the
late bill and authorize a hand check in the amount of $936
payable to the 198th District Attorney for witness fees --
or witness expenses. 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.
MR. TOMLINSON: I have one -- another one
that has to do with indigent health care. And in no way am
-1~ -
I
3
4
5
6
7
8
rj
10
11
12
13
14
15
16
17
18
19
20
21
22
23
7q
25
21
I -- am I recommending that we pay this or not, but I told
the vendor and the recipient that I would present this to
the Court. It's an invoice from a local physician for
$1,075. The recipient received services from this -- from
this doctor during a time that he was eligible for indigent
health care, and that was the period of November the 1st
throuyki December 1st of 'Ol. From December the 1st until
February the 25th of '02, the -- the doctor's office
presented statements to the recipient. At -- at -- on 2/25,
the recipient went into the hospital until -- for treatment
until 4!4. The State has a regulation Yhat -- that if the
vendor holds an invoice for more than 95 days from the time
that the service is rendered, then that -- then the bill
becomes ineligible to be paid. In other words, if -- if the
County had to go to the State for reimbursement for -- for
indigent health care expenses, they would not allow this --
this invoice. But it's -- the Court does have the option to
waive that, if it desired. During -- when the service was
.~
rendered, the recipient was eligible, but t_he -- but the
bill never got to our indigent health care people. In fact,
the vendor never knew l.hat -- that the recipient was
eligible until after the 95-day period was up.
COMMISSIONER LETZ: Why was that?
MR. TUMLINSON: The recipient never notified
him.
- 1 i - i i '
22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
t5
15
17
1S
19
20
2I
22
23
29
25
COMMISSIONEP. BALDWIPd: When you say
"eligible," Tommy, you mean those -- that person is in our
system, in the indigent system?
MR. TOMLINSON: They were in our system at
the time that the service was rendered, but -- but the
vendor didn't know it.
COMMISSIONER BALDWIN: Yeah. I don't know
that the County ought to -- even though we have an option
like that, I don't know that we ought to get outside the
state guidelines. Just the way I feel about it.
COMMISSIONER WILLIAMS: The State -- the
State would -- it would not be eligible as a reimbursable
expense because of the lateness of the invoice; is that
correct?
MR. TOMLINSON: That's correct
COMMISSIONER WILLIAMS: Not due to the type
of service, anything like that?
MR. TOMLINSON: No, it was nothing to do
with -- with the type of service.
COMMISSIONER LETZ: Is -- how is the -- if we
were to pay it, does it accrue toward the total that we have
to pay before the State starts paying?
MR. 1'OMLINSON: No, because if -- if we did
apply for -- for state assistance once we reached our
6 percent, then they would disallow this payment as part of
1' -
Z3
1
3
4
5
h
7
P
9
10
11
1~
13
14
15
16
17
18
15
~0
21
Z~
23
24
25
that number.
COMMISSIONER LETZ: So we don't get any
benefit, even -- we don't get that either. And what was
the reason the vendor -- who's the doctor, correct?
MR. TOMLINSON: The doctor.
COMMISSIONER LETZ: Gidn't know the person
was on indigent health care?
MR. TOMLINSON: No, not at the time of
service. And -- and the recipient did not notify the doctor
as such until after the 95-day period was up.
COMMISSIONER WILLIAMS: That's kind of
strange that the doctor wouldn't have known it going in.
JUDGE HENNEKE: I think we'd put ourselves in
hot water if we qo outside the state guidelines.
COMMISSIONER BALDWIN: I agree.
JUDGE HENNEKE: Sorry that the doctor wasn't
informed, but I'd have a hard time recommending this.
MR.. TGMLINSON: It's not the County's
responsibility --
JUDGE HENNEKE: Right.
Mx. TOMLINSON: -- to notify any vendor. So,
I mean, I -- it's not good that the vendor has to eat this,
but -- but, still -- and I agree with you. 1 think that
we -- I don't think there's -- that we should vary from the
state -- state's guidelines.
~4

r
1
3
9
5
6
7
8
9
10
11
l~
13
]4
15
16
17
18
ly
ZO
21
22
23
24
~~
.S J
COMMISSIONER. BALDWIN: Also, I think we're
setting ourselves up for future -- I mean, people just --
you know, the vendors do what they want to and, "Send the
bill to the County; they'll pay it," kind of thing. And --
so I'm not going to make a motion to pay that bill.
JUDGE HENNEKE: I believe the consensus is
we'll taY.e no action on that.
MR. TOMLIPJSON: Okay. That's all I need to
kriuw .
JUDGE HENNEKE: Okay. Thank you, Tommy. At
this time, I would entertain a motion to waive reading and
approve the meeting -- the minutes of the May 13th regular
meeting --
COMMISSIONER BALDWIN: So moved.
JUDGE HENNEKE: -- May 28th special session,
and May 28th special session.
COMMISSIONER BALDWIN: I move we -- for
approval of the minutes.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
waive reading and approve the minutes of the regular meeting
of Monday, May 13tL, Lhe special meeting of Tuesday, May
29th, and the regular special meeting of Tuesday, May 28th,
all Year 2002. Any questions or comments?


I
2
3
4
J
6
7
0
9
10
11
12
13
14
15
16
17
1 ti
l~
~0
21
~2
23
~4
~~
L J
25
COMMISSIONER BALDWIN: I don't know, Judge.
We may want to read that one that was upstairs.
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER BALDWIN: Add a little
entertainment here this morning.
JUDGE HENNEKE: We could get people in the
audience to take on different roles. You be hostile, you be
intelligent, you be --
(Laughter.)
JUDGE HENNEKE: Any other questions?
COMMISSIONER BALDWIN: I did not say that.
JUDGE HENNEKE: If not, all in favor, raise
your right hand
(The motion carried by unanimous vote.)
JUUGE HENNEKE: Opposed, same sign.
(No response.)
JrJDGE HENNEKE: Motion carries. The next
item is to -- I'd entertain a motion to accept the monthly
reports as presented -- approve and accept the monthly
reports as presented.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
and accept the monthly reports as presented. Any other
k. mil _II_
~5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2U
21
23
29
25
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JtiDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. At the
request of the Sheriff, who seems to have stepped out for a
moment, we're going to take up --
MS. SOVIL: He had to leave.
JUDGE HENNEKE: Oh, he had to qo ahead and
leave? We'll take up Item Number 7, which is consider and
discuss setting a workshop to discuss the Sheriff's
Department long-range plan. The Sheriff has suggested and
requested that the workshop be set for Monday, June 17th,
from 1:00 to 4 p.m. out at the Kerr County Law Enforcement
Center. It's the Sheriff's intent to take the Court on an
intensive tour of the facility before we sit down and
actually get into the meat of the long-range plan. The
Sheriff feels strongly that this is something we need to do
before we get into the budget deliberations. What's the
sense of the Court?
COMMISSIONER BALDWIN: I'm a qo.
COMMISSIONER LETZ: Yes, sounds good.
JUDGE HENNEKE: Is that a motion,
Commissioner Baldwin?
~7
1
3
9
J
6
7
8
9
10
11
12
13
14
15
16
17
18
19
ZO
21
22
13
24
25
COMMISSIONER BALDWIN: That is a motion to
approve.
COMMISSIONER LETZ: Second.
J[7DGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court set a
workshop to dis~~uss the Sheriff's Department long-range plan
for Monday, June 1'7, Year X002, beginninq at 1 p.m. at the
Kerr County Law Enforcement Center.
COMMISSIONER LETZ: Judge, question on that.
Is there goinq to be -- I mean, how do we handle the Open
Meeting portion of that if we go into the jail, as 1 presume
we will? And I mean from the security standpoint, I don't
think we need a large group going with us, necessarily. Or
maybe we do.
JODGE HENNEKE: Well, that would be up to --
that will be up to the Sheriff. You know, if he -- we'll
let him handle that part of it, of the meeting. It would
be -- the meetinq would be held under the Open Meetings Act.
Certainly, any discussion would be open to the general
public. My own feeling is that we'll call the meeting to
order, and probably recess while we have the tour so we
don't have a necessity for the court reporter to attempt to
take down the conversation and discussion on -- or
conversation and description of the jail facility. And then
we'll come back and go back into session to -- to sit down

28
~.
1
2
3
9
5
h
7
8
9
10
11
12
13
19
15
16
17
18
15
20
21
23
24
25
and discuss the	long-range	plan	in light of our tour of the
facility.			
COMMISSIONER. BALDWIN: My question -- I'm
sorry.
JUDGE HENNEKE: Go ahead.
COMMISSIONER BALDWIN: My question is, the
facility out there, being able to sit down, maybe with a
crowd even, to have this discussion. Are we -- is there a
place out there for that, or are we coming back to our
place?
JUDGE HENNEKE: No, we'll do it out tkiere.
The Sheriff thinks the training room will be adequate. He
can set up the training room; it will hold about 30 people.
So, you know, we'll do what we can, and if necessary, I
guess we could adjourn to J.P. 2's courtroom.
COMMISSIONER BALDWIN: Oh, yeah.
JUDGE HENNEKE: But we'll start out trying to
utilize the training room at the Sheriff's Office for --
COMMISSIONEN. BALUWiN: I think it's a super
idea.
JUDGE HENNEKE: -- the discussion. Okay.
Any other questions or comments? If not, all in favor,
raise your right hand.
(The motion carried by unanimous vote.)
DODGE HENNEKE: Opposed, same sign.
i~ -
29
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
(No response.)
JUDGE HENNEKE: Motion carries. Okay. Let's
go back, then, to Item Number 1, consider and discuss
approval of the Texas Department of Transportation Airport
Project Participation Agreement for engineering services for
Capital Improvement Project. Mrs. Caffall, come up here and
explain to us in plain English what that means.
MS. CAFFALL: Explain to you what?
JUDGE HENNEKE: English.
MS. CAFFALL: Oh. Well, this past March, the
Engineering Selection Services Committee chose Parkhill,
Smith, and Cooper as the engineering consultant to prepare
plans and specifications and engineering services for the
Capital Improvement Project scheduled for Fiscal Year 2003.
Construction costs of the capital improvements are estimated
at $',477,600, and typically engineering services costs are
estimated at 10 percent of the construction estimate. The
grant budget allowed for $308,000 for engineering services,
and the contract negotiated with Parkhill, Smith, and Cooper
is for 205 thousand dollars, 500 -- $205,550, which is a
substantial savings. This grant agreement is for those
services, and we pay 10 percent -- excuse me, my voice is --
I need to consider gargling with Drano. Excuse me. Go
y'a11 ha*.~e any questions? One of the things that we aid
when we asked for proposals from engineers was include all
E i~ _
30
1
2
3
4
5
6
7
8
9
10
11
1~
13
14
15
16
17
18
19
~'0
~l
~~
,3
24
25
the previous geotechnical work that had been done on the
airport, wtiirh I was able to find in our records bac}: to
1930. The primary concern in this project for 0003 is the
overlay of the main runway, which every time it's been done
in the past, the runway's fallen apart; we've had to get
into reconstruction.
COMMISSIONER WILLIAMS: Had to get into what,
Megan?
MS. CAFFALL: We've had to get into
reconstruction because of base failures. So, I
front-lined -- or front-loaded our proposal request with all
the geotechnical information, and particularly the testing
and materials used in the last project four years ago, when
we overlaid the runway and it fell apart. So, I think
that's one of the reasons this engineering services contract
came in quite a bit lower than -- than Ter.DOT had estimated.
COMMISSIONER LETZ: Can you go over the
elements of the project next year?
MS. CAFFALL: Primarily, they are overlaying
the main runway to increase our load capacity for larger
aircraft, expand our concrete ramp area that fronts where
the airplanes park and businesses can be located, and
relocating our airport entrance road to move it out of the
approach area on Runway 30. That's our precision runway.
We'd get our minimums; right now it is what they call a

31
1
3
4
5
6
7
8
9
10
11
1~
13
l4
LJ
15
17
18
19
20
;l
22
~3
24
25
dimensional criteria deficiency, and it will also allow us
to get a lower minimum on that runway. But those are the
primary elements.
COMMISSIONER LETZ: Where are they going tc
move the road to? Just further to the east?
MS. CAFFALL: About 900 feet further east.
it's on property that we own -- the airport owns; we won't
have to purchase any property for that, but it will be as
far as it can go east.
COMMISSIONER LETZ: So, it will come back
about -- through that property the City and County own that
was at one point looked at for some kind of business
development? 1 mean, is it coming --
MS. CAFFALL: No, sir, it will be right
along -- that area that you're talking about is the top of
the triangle.
COMMISSlUNER LETZ: Right.
MS. CAFFALL: It will take a small amount of
the road frontage side of that, but there -- the edge of the
triangle continues out further, and it will be along there.
Tliat -- tha*_ area has always fallen into what we call the
runway protection zone. It's never been available for use
for auylhing but protection area.
COMMISSIONER LETZ: But can it be -- I guess
what I'm getting at, is there a way to configure those

32
1
2
3
9
5
h
7
8
9
10
11
lz
13
19
15
16
17
18
19
20
21
?2
23
~4
25
road -- since we're building a new road, any way to improve
access to that developable portion of the City/County
property so it makes it more valuable for leasing from the
City/County standpoint?
MS. CAFFALL: I guess the only difference
would be that it -- you're going to be entering a little bit
further down from 27 towards Center Point, but the actual
access will remain the same. There really isn't a whole lot
we can do about that. You'll still have to come in the
airport entrance road to get to it.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: It's just part of the
improved master plan, isn't it?
MS. CAFFALL: Yes, sir.
COMMISSIONER WILLIAMS: You're going to
relocate the ironworks and the whole stuff -- everything
there at the -- at the current entrance?
MS. CAFFALL: Yes, sir.
CUMMISSIONER WILLIAMS: The ironworks, Louis
Schreiner Field, that would be relocated?
MS. CAH'FALL: Yes, sir.
COMMISSIONER WILLIAMS: And repositioned in a
tiew location?
N1S. CAFFALL: Yes, sir. I think when we
actually yet to doing that, we may look at doing it a little
r ~„
33
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
15
17
18
19
GO
2I
22
~3
24
25
differently than it is now.
COMMISSIONER WILLIAMS: Yeah, but we're not
planning to abandon it or destroy it?
MS. CAFFALL: Oh, good heavens, no.
COMMISSIONER LETZ: This is 2003?
MS. CAFFALL: Yes, sir.
COMMISSIONER LETZ: About when will -- during
that year will it -- this -- is it estimated that we'll
start the construction?
MS. CAFFALL: In -- one point that I was very
emphati_ about and will stand behind is that this overlay of
the runway will occur in July -- in the period July through
August of 20n3. That's the hottest, driest time of the
year. The base failures that we've had in the past have
been due to water or wet base material, so the whole project
will probably occur between hopefully June and September of
ne::t year.
COMMISSIONER WILLIAMS: This doesn't
contemplate the extension of Runway 1230, does it, Megan?
MS. CAFFALL: No, sir.
COMMISSIONER WILLIAMS: So, Runway 1230 would
just be overlaid and remain the same distance -- length that
it is right now? We would just be moving the perimeter road
in anticipation of later extending that runway?
MS. CAFFALL: We11, actually, this -- this
„-i~~, -
34
1
2
3
4
5
6
7
8
y
10
11
12
13
14
15
l5
17
18
19
;0
~I
22
~3
~4
~5
relocation is -- is for getting the airport entrance road
out of our runway protection area. Right now it's too close
to the end of the runway.
COMMISSIONER WILLIAMS: Right.
MS. CAFFALL: If the runway were to be
extended, it would have to be relocated again. I will share
with you -- and it's not -- it's not final, but I've had
reservations all along about the extension of this runway.
It's, in my opinion, going to be very expensive, and the
feedback that is coming back -- when you said "approved
master plan," I was nodding my head, but our master plan is
not approved right now. It is in Airspace Review with the
F.A.A., and comments are starting to come back that -- that
that runway extension may never occur from airspace
considerations. For the approaches to that runway, there's
hills farther out, so, you know, that whole extension is --
is a consideration that both the City, County, and the
F.A.A. are going to have to look at as far as being a
reality. So, this road relocation is just for the runway
the way it is right now.
COMMISSIONER WILLIAMS: Okay. How much
property beyond the new entrance -- the proposed new
entrance, how much additional property do we have to the
east?
MS. CAFFALL: This -- this road relocation
,.-1,,-
35
1
3
4
5
6
7
8
9
10
11
1G
1i
14
15
16
17
18
19
~0
Zl
~,
Lc
~3
24
25
will go to the limits of the property that the airport
currently owns. If the runway is extended, there's a good
chunk -- I don't have the acreage figures with me; I can't
recall what they are, but it's a fairly good-sized portion
of land we'll have to buy, and acquire aviation --
navigation easements beyond that.
COMMISSIONER WILLIAMS: Okay, thank you.
COMMISSIONER LETZ: I move for approval.
COMMISSIONER WILLIAMS: I second approval.
DODGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve the
Texas Department of Transportation Airport Project
Participation Agreement for engineering services for Capital
Improvement Fro~er_t at_ the airport, and authorize the County
Judge to sign same. Any other questions or comments?
COMMISSIONER LETZ: One question. I presume
this was drawn up by the City's attorney?
MS. CAFFALL: No, sir, this comes directly
from TexDO'1'.
COMMISSIONER
MS. CAFFALL:
COMMISSIONER
MS. CAFFALL:
both attorneys, by ours and
COMMISSIONER
LETZ: Oh, it's TexDOT's form
TexDOT Aviation Division.
LETZ: Thank you.
It does have to be signed by
yours.
LETZ: Okay.
36
1
2
3
4
5
6
7
~3
9
10
11
lz
13
14
15
16
17
18
19
? ~]
21
~~
13
~4
~S
J~JDGE 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. Thank you,
Megan.
MS. CAFFALL: Thank you.
JUDGE HENNEKE: Next item is Item Number 2,
consider and discuss allowing the Kerr County Market
Association to hold a farmers market on the Courthouse
Square. Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes, sir. I'll invite
LuAnn Anderson up to the microphone, and while she's coming
up, I wanted to comment that she approached me a couple of
weeks ago to talk about this issue, and I suggested that --
I'm just going to make one point, LuAnn; then I'm going to
turn it over to you. I suggested that she contact Mindy
Wendele, the director of the Downtown Kerrville Association,
and she did so. And Mindy called me over the weekend and
was -- said she was unable to be here because some City
function or something -- obviously, she has her priorities
out of line, but --
(Laughter.)
COMMISSIONER BALDWIN: She -- to let me know
-1.,-'-
~~


1
4
5
6
7
8
y
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
that she is 110 percent in favor of -- of what we're going
to talk about here. So, I'd like to introduce the Court to
LuAnn Anderson, and I think maybe she even has some guests
that she would like to introduce, I guess.
MS. ANDERSON: Yes, I do. Thank you. Good
morning. Before we start, we would like to make a small
presentation to Commissioners. We'd like to give you a
little sample of the kinds of things that we plan to offer
at our market. These have been contributed by some people
who are already committed to participate in the market;
Manna Farms, La Pura Vida Enterprises, and of course a few
backyard gardeners who've grown a few tomatoes, berries, and
green beans and things. And we certainly hope that you
enjoy these.
COMMISSIONER BALDWIN: Very pretty. Thank
you, LuAnn.
MS. ANDERSON: Some of the folks that are
here today as supporters of our proposal -- I believe we
have a representative from Manna Farms, Lissanne Burkett.
We also have E1i~abeth Baker, who is the president of
Gardeners of Kerrville and a ro-founder of the Kerr County
Market Association. We have John and Helen Dietrich,
volunteers at the Dietert Senior Center and members of the
Gardeners of Kerrville. And Jackie Kayne, who's a
co-founder of the K.C.M.A. I understand you've been
F-~
38
1
,.~.. Z
3
9
5
F
7
8
9
10
11
12
13
14
15
Lb
17
18
19
~3
21
22
23
,,,, 2 9
25
provided a copy of the proposal, so I'd like to just take a
few minutes and highlight some of the points that I think
and respond to any questions that you might have.
When I moved to Kerr County three years ago,
I very quickly realized that there are an awful lot of
people here who grow an awful lot of good stuff. There are
an awful lot of very talented people; artists,
crafispersons, but I also very soon realized that there's
not a single central place for these people to come together
and market their products directly to consumers.
Historically, farmers markets were the way we did things for
a great part of the time this country has existed, but then
they fell into decline. It wasn't until about 20 years ago
that they began to come back into favor. Today, you find
farmers markets at country crossroads, you find them in
small towns, you find them in major cities, find them just
about everywhere er.cept in Kerrville. And, so, our proposal
is to change that. We would like to brinq new market
activities to our central city. We believe this would
create new business opportunities, greater activities in our
downtown area, and it will also bring a new opportunity to
support some of our school and youth groups, like Future
Farmers and 4-H. We *_hink that's a critical point in what
we'd like to accomplish.
i, -
39

1
2
3
9
5
E
7
5'
A
10
11
1L
13
14
15
15
17
18
19
~0
21
-, ,
~3
24
25
Texas Department of Agriculture puts out a
handbook for establishing and operating farmers markets.
I'd like to quote to you a few of the things that they bring
from their surveys of markets in this state. They point out
that merchants overwhelmingly favor downtown farmers
markets. Farmers markets increase sales in surrounding
businesses. Markets are a good way to promote a downtown
area. Markets create a potential for consumer education
about produce and about the agricultural industry. Farmers
markets provide a wide range of choices for consumers, and
they create a recreational potential, and therefore a
visitor attraction in their communities. On Pages Z and 3
of our proposal, we've tried to point out some ways that we
think Kerrville Market Days would specifically benefit the
community. And what we do see is benefit; we do not see
ourselves as competition. We see us as being a complement
to existing activities and business. It's really not our
intention to compete for your space or time or customers.
So, what we're proposing is a market on the
Courthouse Square, second and fourth Saturdays, April
through December, nine months out of the year, or 18 out of
52 weekends. And we emphasize again, we see this as a
complementary activity to the things that already happen.
In fact, just looking at things that are already here that
helped us form this idea, the broom sales, the Tivy
40
I .-.
i
1
3
9
5
6
7
8
9
10
11
1~
13
14
15
16
17
1 ti
19
20
21
2?
>i
24
75
cheerleaders, if their events should happen to coincide with
a Market Days event, we think both activities could
significantly benefit. We think the Market Days could be a
win-win situation for everybody concerned.
Another thing that I want to emphasize from
the presentation is our commitment to bring to this
community a top-quality activity. We see total focus on the
homegrown, homemade concept. What we absolutely do not see
this becoming is a flea market. Now, I like flea markets.
I go to flea markets. I think flea markets have a place,
but that place is absolutely not on our Courthouse Square.
CGMMISSIONER BALDWIN: Amen.
MS. ANDERSON: In order to be able to
exercise some control of what happens, of who comes and who
sells and how they behave, we've drafted a letter of
agreement. Every vendor who would participate in the market
would have to sign this letter of agreement, and the letter
of agreement specifically states each of the rules that you
have seen in this presentation, and it also states that each
vendor must abide by whatever laws, statutes, or ordinances
are in effect for their business. So, what began as a few
friends sharing an idea has now become an officially
registered, unincorporated, nonprofit association, that --
we're the Kerr County Market Association.
With your approval, we would plan to conduct
-i~- -
41
1
3
4
J
5
7
8
9
10
11
l~
13
14
15
16
17
18
19
LO
L1
~?
23
24
2G
the firs*_ market on either the 6th or the 13th of July. The
6th would coincide with the holiday weekend; that might be
fun. The 13th would actually be the second Saturday, and
would put us into a regular schedule. Again, with your
approval, we would go out immediately this wee}: and start
finding more vendors to participate. We would provide
orientation to those vendors, and that would inr_lude their
signature on that letter of agreement or they can't be
there; they cannot participate, We'll go to the Chamber of
Commerce and ask fir their help. We'll qo to the Convention
and Visitors Bureau and ask fox their assistance. We'll he
contacting all the local hotels and motels and asking them
to allow us to put information there for their guests.
We'11 be asking for support from our local media, like
newspaper and radio, to make people aware of the market. We
believe that we can hrinq a very high-quality, fun, and
profitable activity to our central city.
Another part of our commitment to you and to
our community is that we're going to do our very best to
take care of the courthouse property. We recognize this is
a public property, it is a public place, and that would be a
I major responsibility of everyone who participates. What we
ask of the County is, number one, your approval to go
forward with this idea. The only other thing we really can
foresee that we might need would be for the Sheriff to have
-i -
9~
1
2
3
4
5
5
7
9
10
]1
12
13
14
l5
16
17
1B
19
20
'_'1
~?
~3
24
.5
a deputy drive by from time to time; we'd really appreciate
that. We're committed to keeping the area clean and doing a
real cleanup at the end of each market day, and we would ask
your permission that we could put bagged trash into the
County's dumpsters. Again, that would be very much
appreciated.
To close, let me tell you about a couple
things that we've done since this was printed up. As
Commissioner Baldwin said, we've talked to Mindy. She
indicated enthusiastic, excited support for the project.
We've also been in touch with Texas Department of
Agriculture. We have all the forms ready, and as soon as we
have an approved signature, we're prepared to begin the
process to qualify for membership and then go to the Texan
Program. We`re also ready to file our application to become
a T.D.A. certified farmers market. I've tried to qo reaL
fast and not read it to you. But we believe that this
proposal really offers a lot of benefits for our community
in a lot oT different ways, and we believe that there is the
community support out there in Kerr County to make this
marY.et a success. Thank you for your time. I'll try to
answer any questions.
JUDGE HENNEKE: Does anyone have any
questions or comments?
CUMMiSSIONER LETZ: Comment. I ]ike the
ln- _
43
,~'~
1
L
3
9
5
E
7
8
9
10
11
12
13
19
15
15
17
18
1P
~0
~'1
GL
~3
29
~`
idea. I'm just really trying to go through, if there's any
problems that I see from the County standpoint. I think
it's -- you know, I'm certainly in total support of any
farmers market in Eerrville, and I think the Courthouse
Square is a real good location, as long as it doesn't get
too biq. If it grows to a point, I can see that we may have
to get it moved to the Ag Barn or some other -- or Louise
Hays Park, some larger venue. But I think, starting out, I
have no problem. Trash is really my only real concern. And
I see Glenn Holekamp in the back, if I could ask Glenn a
question. Glenn, how much excess space do we have in our
dumpster right now?
COMMISSIONER BALDWIN: That's kind of a
personal question. My gosh.
(Laughter.)
MR. HOLEKAMP: Well, like, on Saturdays, it
would pxu}~ably be okay, because we're picked up on Monday
mornings. I would imagine four or five bags would -- you
know, large trash bags would probably fit for -- but we
could not leave them lying outside of the dumpster, because
they don't pick those up. I have one question, if I may.
MS. ANDERSON: Sir?
MR. HOLEItiAMP: Kestrooms.
MS. ANDERSON: We've -- we've looked at that,
and we've kind of prowled around downtown looking for how we
~_
44

1
2
3
4
5
6
7
8
9
10
11
12
]3
]9
15
16
17
18
19
20
21
~2
~3
~4
?5
might. address that. One is the public restrooms that are
available at our Downtown Center over on Water Street. I
think, for the general public, if we were asked, that's
where we'd direct them. And fnr the general public, this
would nit be the kind of thing where you come and stay all
day, so for customers, the restrooms might not be a real
issue. For the vendors, there is the public restrooms. We
would anticipate approaching the Arts Center and the museum
and ask them, pretty please, if we're real quiet and scrape
our feet, could we make use of your facilities for our
vendors.
COMMISSIONER BALDWIN: Glenn, I visited with
Mrs. Anderson about that, and I know what your concern is.
And I assured her that we would not have any staff here to
uteri and close the ~~ourthouse for their use.
MR. HOLEKAMP; Thank you, sir.
COMMISSIONER BALDWIPI: I knew that's what ycu
were thinking.
COMMISSIONER WILLIAMS: I do have some
questions. I commend you for putting the proposal together,
and I tkiank you for coming today to address us and present
the proposal, and thank you for the basket. I'm sure when
my wife gels done with it, there won't be much left for me
in there, but --
COMMISSIONER BALDWIN: Depends on your
1
3
9
5
6
7
8
9
10
11
1 L
13
14
15
16
17
18
l~
L 'J
21
2~
23
24
25
45
question. She may want it back.
COMMISSIONER WILLIAMS: She may want to take
it back. Liability insurance. Typically, when we allow
other groups of people to use courthouse, the public
facilities, there is liability insurance to cover the -- the
activities of the event for the duration of the event. How
would you propose to deal with that? I have a series of
questions; I'll take them one at a time.
MS. ANDERSON: Gkav. We have considered
that. Any kind of event of any nature, that's always a
question chat has to be considered. We do not have anybody
who's counsel to us at this point. We are very truly a
nonprofit association; we have no money. But we have done
some research, and I believe there are provisions that -- in
the ~_ude which creates what is specifically titled a -- an
unincorporated nonprofit association, and it's under the
Texas Uniform Act of Nonprofit Associations, I believe,
effective September 1995, which speaks to the issue of who
can be held liable for actions of whom. And we believe
that, while the Market Association could be considered
potentially liable in certain situations, that liability, as
I understand, reading the code, does not extend to the
individual members or anybody else. Obviously, if there was
a defect of some type in the -- the physical facility that
was beyond ttie care, custody, and control of the Market
r, 1
1
~ 2
3
4
5
6
7
8
Q
10
11
12
.-. 1 3
19
15
1F,
17
18
19
20
21
~2
~3
24
25
46
Association, that might still become a County issue. But,
if your question is really do we have third-party
indemnification; are we prepared to offer any insurance to
protect the County, I'm sorry, but my answer is no. We
don't have any money.
COMMISSIONER WILLIAMS: Well, I'm not an
attorney either, and I'm certainly not boned up on insurance
liability law, but experience suggests that if, for example,
somebody who attended the event were to injure themselves,
tripping over an apple crate or a corn crate or whatever
else, and your association had no liability insurance to
cover problems of that nature, my sense of it is that --
that whoever decides to take on the issue of pursuing the
injury would look for the party with the deepest pockets,
and that party happens to be Kerr County, okay?
MS. ANDERSON: They also look --
COMMISSIONER WILLIAMS: Being an
unincorporated, not-for-profit association, assuming that
you have revenues in excess of expenses, how would they be
directed?
MS. ANDERSON: I strongly suspect we'd make a
donation to Kerr County. Because -- and I'm not trying to
be artificially altruistic with that answer, but the simple
fact is, we don't want to have any assets. We just want to
come together as a group, put our efforts and -- and our
„-i~~ ~~
1
9
5
F
7
3
9
10
11
12
13
14
15
16
17
18
19
20
zl
-~ -,
G3
24
25
47
ideas together to try to make this happen. After that, all
our -- our involvement would be in maintaining sufficient
control, maintaining the quality of the market. We have
collected no money. Whatever expenses we have incurred
to-date, we have individually -- just kind oY out-of-pocket.
I think our expenses to-date are well less than $100. Our
biggest expense was we went and rested a post office box.
So, I don't anticipate collecting any money. I don't
anticipate acquiring any physical assets. I won't say that
would never change, but if it did, we are -- it is our
purpose to be nonprofit.
COMMISSIONER WILLIAMS: Worst-case/best-case
scenario, how many vendors do you see? From? To?
MS. ANDERSON: If, on the date that we open
on the first market day, we can have 10 vendors here, I will
feel that we have been extremely successful. If, at the end
of the year, we could report that we averaged 10 vendors
each market day, I would feel like we had been even more
successful. I think if we are that successful -- I believe
we will be -- then in the years to come, the market will
grow and there may come a time when it would be necessary to
look at an alternate location. But, initially, I think -- I
think we're going to start out small and try to be very
high, high, high quality, have a progression.
COMMISSIONER WILLIAMS': Are you jurying your
c-':u- ~_
48
1
3
9
5
6
7
8
Q
10
11
l~
13
14
15
16
17
18
1R
20
21
22
23
24
25
vendor/crafters by any -- in any way to -- to make certain
that the quality level is as you anticipated or would like
for it to be?
MS. ANDERSON: Not specifically jurying.
They will have to come to us and say, "I would like to
participate." They'll have to tell us what it is they're
going to sell. We want to see their product. They have to
commit to us that they're going to abide, in terms of food
products, with all the appropriate health regulations; city,
county, state. Craft items, they have to follow the rules,
whether it's collection of sales tax or whatever else, so
each individual will be responsible for that. But we do not
have a specific standard to jury specific produce.
COMMISSIONER WILLIAMS: I guess my concern is
the one that you e„pressed earlier about nor wanting it to
be turned into a flea market, 'cause I echo the concern of
my colleague to the right here. I don't want to see that
happen either. Future revenue potential, on Page 3, you
La1k about the fee structure and so forth.
MS. ANDERSON: Yes, sir.
COMMISSIONER WILLIAMS: And those fees would
be collected by your group and retained by your group; is
that ~_urrect?
MS. ANDERSON: No, sir.
COMMISSIONER WILLIAMS: No"?
-1
1
~^ 2
3
9
5
E
7
8
10
11
12
,~., 13
19
1S
16
1/
lft
ly
zo
L1
22
Z3
.-,. Z 4
75
99
MS. ANDERSON: We believe that with the
success of the market, there may come a time when a fee
would be appropriate. This first year, the people who
participate -- it's going to be kind of sweat equity;
they're going to be contributing their effort. Once the
market's established and as it begins to grow, we think
others who choose to join might -- should kick in a little
bit, but our association would be responsible for seeing
those fees collected. But those fees, as we see it, would
then be payable to Kerr County. It's the County that
essentially hosts the event, and so it seems to me that the
City will have a chance to collect sales tax from increased
sales due to the market. The County, if they're the host,
should get something out of the deal, and those fees would
come to the County.
COMMISSIONER WILLIAMS: Mr. Holekamp raised
the issue of -- of restroom facilities, and I think that is
an important issue, given that you would be having people --
vendors, at the very least, who would be stationed here all
day long, and certainly the need for comfort facilities
would come about. And there are always emergency situations
where someone has a need for that type of facility on the
spur of the moment, so you understand that that would not be
something that we would be looking to do.
MS. ANDERSON: We do not look to the County
t-L~ - -
50
1
3
4
S
6
7
8
9
10
11
12
13
14
15
lb
17
18
19
20
21
-, -,
?3
'4
25
to provide that.
COMMISSIONER WILLIAMS: On -- on your
proposal on Page 9, you talk about it would be held on the
second and fourth Saturdays, April through December.
MS. ANDERSON: Yes, sir.
COMMISSIONER WILLIAMS: From the hours of
what to what?
MS. ANDERSON: I believe we've stated that
the vendors would move in between 7:00 and 8 a.m.
COMMISSIONER WILLIAMS: Mm-hmm.
MS. ANDERSON: And they would be out no later
than 6 p.m.
COMMISSIONER WILLIAMS: That really gets to
the heart of my question. After October, when daylight
savings time goes away, it's dark.
MS. ANDERSON: True. We might need to change
the hours.
COMMISSIONER WILLIAMS: What, if any, special
lighting would be required at that point?
MS. ANDERSON: No, sir, if -- I'm -- thank
you Lox pointing that out to us. We would probably change
our closing time to sundown. We would not ask people to
stay here into the night, certainly as temperatures get a
little cooler, and we would not be asking for any special
lighting.

51
1
3
4
E
7
9
10
11
l~'
13
19
15
15
17
18
19
20
~l
22
kS
24
~5
COMMISSIONER WILLIAMS: And I guess, finally,
there are a couple -- there are a couple other farmers
markets in town.
MS. ANDERSON: Yes, sir.
COMMISSIONER WILLIAMS: One operates as --
well, I guess they're both commercial ventures. One
operates one day a week, and one operates six days a week, I
believe. And you don't believe this is being a competition
to those -- those private enterprise-type businesses by
reason of the County permitting these?
MS. ANDERSON: I -- I shop both of those, and
it would be our intention to go to both of those folks and
say, "Please, come join us. Please bring a little of your
stuff down to the courthouse grounds on the second and
fourth Saturdays." But I really don't see it as
competition. One, they provide products that we would never
have, because we don't have refrigeration and that kind of
thinq. And, two, they're there -- particularly the
six-day-a-week site, they're there all the time, and they
have a pretty loyal following. I think -- I thinl: this
adds. I don't think we would be in real competition to
either of those businesses.
COMMISSIONER WILLIAMS: Thank you.
MS. ANDERSON: Thank you.
COMMISSIONER LETZ: One other comment, which

52


1
L
3
9
5
E
7
8
9
10
11
12
13
19
15
15
I/
lfl
ly
20
~l
22
G3
24
25
is a follow-up on the hours. And it doesn't make that much
difference to me, but both markets of this type that I see
pretty much start winding down about 1 o'clock, and I would
almost -- I mean, I don't see -- and it seems to be a lot
easier, from everyone's standpoint, if you had, like, a --
you know, a -- whenever you open, you know, 7:00 to 1:00,
something like that. I just don't see that there's a whole
lot of -- probably, of traffic likely to come, but I'm not
an expert on farmers markets. The other thinq is, December
seems awful late to me. I think -- I mean, I know there's a
lot of fall crops that you can grow, but our weather gets
pretty inclement by December. You may want to look at a
November -- end of November date, or sometime in November.
MS. ANDERSON: After-harvest market,
something like that? What we've really been looking at in
December were for artisans and craftspeople to take
advantage of the holiday season and offer those types of
things, perhaps even more than produce.
COMMISSIONER LETZ: And I think my final
comment would be more to the Court. If we decide
conceptually we like the idea or want to pursue the idea, do
we need same sort of an agreement with the association as to
what their responsibilities are? I'm seeing two nods --
three nods. So, it appears -- I mean, I would think we
would, just so everyone's clear as to what we need.
-i'-
53
1
i


1
3
4
5
h
7
8
9
10
11
12
13
14
15
16
17
1°
19
20
21
2~
23
24
?~
Hopefully have maybe an attorney look at it, but not spend a
lot -- lot of time, because they'll make it into a 10-page
document. We don't need that, I don't think, at this point.
COMMISSIONER WILLIAMS: I guess I have one
final question on it. It has to do with the type of setup.
Do you envision booths, as such? A canopy-type booth? Or
are you envisioning your various vendors marketing off of
lawn tables, or how do you see it?
MS. ANDERSON: We have a couple of folks
who've already indicated that they will participate who are
a little more established, a little more set up to do
something like that. I think they're probably looking at
more of a booth, but we know very well that a lot of our
occasional participants will probably have a table and an
umbrella, and that's fine. We don't see that as a problem,
as long as they keep it clean and they conduct it in such a
way that it's a positive part of the market.
COMMISSIONER WILLIAMS: I have a couple
comments to the Court -- to the Court, kind of like you did,
Jonathan. I think the idea of an agreement is probably very
necessary outlining everybody's responsibilities. And my
inclination, since it's an unknown quantity and so many
variables involved that we probably have not contemplated in
this dis~~ussion this morning, if we are to proceed, I would
be more comfortable if we proceeded on a trial basis for a
-l, -
54
'~
I
t


1
2
3
9
5
6
7
8
9
10
11
l~
13
14
15
16
17
18
l~
~0
21
22
23
24
25
certain period of time, to determine it everything has been
worked out and any unforeseen problems, whatever they may
be, are addressed, as opposed to going from the beginninq
all the way through to the end of the year. I'd like to see
-- I'd like to see an opportunity to try it and then come
back and talk to the Court about what problems we had
encountered that we have not contemplated.
MS. ANDERSON: We would certainly be
agreeable to that, if it was the Court's wish.
DODGE HENNEKE: Any other comments?
COMMISSIONER BALDWIN: I've got -- I've got a
question about this agreement. Do you have an agreement
with the Veterans? Or the cheerleaders or Lion's Club?
COMMISSIONER WILLIAMS: Kiwanis Club.
COMMISSIONER BALDWIN: Whoever. Mops. Mops
and brooms. Is that --
COMMISSIONER WILLIAMS: I don't have one.
DODGE HENNEKE: That's close.
COMMISSIONER WILLIAMS: Does the County have
one? I personally don't know if the County does. I don't
think so.
COMMISSIONER BALDWIN: Well, I mean, what's
the difference? if we're going to have an agreement, maybe
we need to set some kind of policy about how the facility is
used and that Y.ind of thing. I just -- I'm just excited
G__ _~~
1
~,
I
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
L V
~1
22
23
24
zs
55
about the whole thing, you know. I'm not -- I hope we don't
start lifting too many blankets and find too many boogers --
loo}:ing for too many boogers, 'cause it's a positive thing.
And, you know, downtown Fort Worth, one of our grand cities
in the state, has one of the great -- greatest things like
this. I don't know. I see it as a good thing.
JUDGE HENNEKE: I think it's a great idea
too, and I don't want to legalize it and bureaucratize it.
I think the difference between the other things you pointed
out, Commissioner, is that this is an ongoing activity.
COMMISSIONER BALDWIN: I understand.
JUDGE HENNEKE: And those are, like, once a
year. And I think having a very simple agreement -- I'm
talking about a page and a half at the most -- wouldn't be a
bad idea.
COMMISSIONER BALDWIN: Oh, I'm not opposed to
it.
JUDGE HENNEKE: I also like the idea of -- of
giving the permission to the Market Association through the
end of the year, and then come back next -- next winter,
when they're not planning on having -- I think you have to
give them enough time for this thing to actually have a
chance to germinate, take place. If you give them two or
three months, in my opinion, that's not a legitimate trial
for them to actually see whether the concept is going to
=-1_-~ _
•--
1
2
3
4
5
6
7
8
9
10
11
l~
13
14
]5
15
17
18
19
20
~1
2Z
~3
~9
?5
Sti
take hold and succeed or not. I think it's a very
innovative notion. I want to emphasize to you,
Ms. Anderson, that the Commissioners Court will -- if we do
this, will give permission for this activity to the Kerr
County Market Association.
MS. ANDERSON: Yes, sir.
JiJDGE HENNEKE: It is not to the individual
vendors. And we don't want to be burdened with their
problems. We don't want to hear their complaints.
(Laughter.)
JUDGE HENNEKE: We don't -- you know, y'all
have come to us as the umbrella organization, and I think
it's a great idea. I think we're going to support it, but
you all get -- you all qet to take care cf it.
MS. ANDERSON: As I told Commissioner
Baldwin, I spent ?8 and a half years in public service, and
I will say, based on that experience, that there is no way I
can guarantee you that nobody will ever come down here and
complain about something we do. But I can guarantee you
that we will do everything we possibly can to solve
problems, to address issues, and to make this just one of
the best things that ever happened in our town.
COMMISSIONER BALDWIN: Good. Where do we go
from here, Jud7e? Do we approve it, contingent on the
attuLney? Or do you want to wait for an attorney's
-i~~_n
57
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
1S
19
20
~l
?~
~3
~4
~~
LJ
agreement?
JUDGE HENNEKE: These folks need to get
going. I think what we need to do is to approve the -- the
proposal, subject to -- I'm going to call it a letter
agreement, which we will attempt to present to the Court at
the next meeting. P,ut they need to go ahead and get their
advertising and get their arrangements underway if they're
going to do something in July.
COMMISSIONER BALDWIN: Through the year 2002,
and then come back in January for the following year. I so
move.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
granting permission to the Kerr County Market Association to
hold a farmers market on the Courthouse Square as presented
through the end of calendar year 2002, subject to the
etecution of an acceptable agreement between the
Commissioners Court and the Kerr County Market Association.
COMMISSIONER LETZ: Comment on the agreement
portion. I mean, I think it needs to be very, eery short.
But I really think that Commissioner Baldwin's comments
about other organizations is great; I don't see any
difference. And I think that it -- that we need to really
require all of them to sign an agreement. It indemnifies
- l - _
58
,~-~
1
2
3
4
5
6
7
8
9
10
11
lz
13
19
15
16
17
18
19
20
'I
~2
23
29
~5
the County, which doesn't necessarily carry a whole lot of
water; we all know we'd be sued anyway if something happens,
but at least it helps a little bit that we thought about it.
But -- so I would, I guess, ask that -- presumably, we'll
refer this to the County Attorney to get a very generic
agreement put together, and then maybe, through the use of
an exhibit, tailor that use to each function. And that
exhibit can be written by Commissioner Baldwin, probably.
Something along that line, to me, would be useful.
J[7DCE HENNEKE: Any other questions or
comments? I see the County Attorney hasn't made it up yet
today, so we'll have to refer this to him. If there are no
further questions or comments, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JIIDGE HENNEKE: Opposed, same sign.
(No response.)
J~JDGE HENNEKE: Motion carries. Thank you,
Ms. Anderson.
MS. ANDERSON: Than}; you.
(Applause.)
COMMISSIONER BALDWIN: We made it through two
items here.
COMMISSIONEP LETZ: Moving right along.
DODGE HENNEKE: At this time, we are going to
59
1
2
3
4
J
E
7
8
9
10
11
12
13
14
15
16
17
18
lU
2Q
21
22
23
24
25
qo to Item Number 3, whir_h is a public hearing to consider
closing, abandoning, and vacating a portion of Larry -- of
Larry Lane. Ms. Anderson? Ms. Anderson? Grab that
gentleman right in front of you, take him out in the hall
and speak with him. That's fihe Ccunty Attorney. At this
time, the Court will go into recess in order to conduct a
public hearing on the closing, abandoning, and vacating of a
portion of Larry Lane.
(The regular Commissioners Court meeting was
closed at 10:1 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE HENNEKE: Court will now open the
public hearing on the issue of closing, abandoning, and
vacating a portion of Larry Lane. Is there any member of
tl~e public who would like to address the Court during this
public hearing on the issue of closing, abandoning, and
vacating a portion of Larry Lane'? Once again, is there any
member of the public who would like to address the Court
during tkiis public hearing on the issue of closing,
abandoning, and vacating a portion of Larry Lane?
(NO response.)
JUDGE HENNEKE: We'll go one more time.
We're in a publi~~ hearing on the issue oT closing,
abandoning, and vacating a portion of Larry Lane in
Precinct 1. Is there any member of the public who would
-i~ - _

1
3
9
5
6
7
8
9
10
11
12
13
14
15
16
1~
18
19
20
21
22
~3
24
?~
60
like to address the Court on the issue of closing,
abandoning, and vacating a portion of Larry Lane? Seeing
none, we will close the public hearing and reconvene the
regular session of the Kerr County Commissioners Court.
(The public hearing was concluded at 10:16
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE HENNEKE: The nett item for
consideration is Item Number 4, consider and discuss
closing, abandoning, and vacating a portion of Larry Lane in
Precinct 1. Commissioner Baldwin?
COMMISSIONER BALGWIN: Yes, sir. I move that
we do approve closing, abandoning, and vacating that portion
of Larry Lane in Frecinct 1. And I guess that -- that is
outlined and described in the application that is in our
packets.
COMMISSIONER LETZ: Second
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
closing, abandoning, and vacating that portion of Larry Lane
described in the application contained in the Court's agenda
book. Ms. LeMeilleur, is there anything you'd like to say
at this time?
MS. LEMEILLEUR: No, Your Honor.
JUDGE HENNEKE: All right. Franklin, do you
61
1
L
3
4
5
F
7
8
9
10
11
12
13
19
15
l6
l7
18
19
~0
21
~2
23
~q
~5
have any comments?
MR.. JOHNSTON: No.
JUDGE HENNEKE: Okay. 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.
MS. LEMEILLEUR: Thank you very much.
JUDGE HENNEKE: Thank you.
COMMISSIONER LETZ: Thank you.
JUDGE HENNEKE: Next item for consideration
is Item Number 5, but before we do that, want to take a
break?
COMMISSIONER BALDWIN: I do. I'm not up for
Bi11 Stacy right now.
JUDGE HENNEKE: At Y_his time, we're going to
take our mid-morning break and reconvene promptly at 10:30.
(Recess taken Trom 10:18 a.m. to 10:30 a.m.)
JUDGE HENNEKE: Okay. We'11 reconvene this
regular session of the Kerr County Commissioners Court.
Next item fuc consideration is item Number 5, consider and
discuss appeal to commissioners Court recording O.S.S.F.
rural property LLansfer. Commissioner Baldwin.
-i n_
52
1
2
3
9
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
~1
22
23
?q
~5
COMMISSIONER BALDWIN: Yes, sir. I have a
constituent in the office today -- not office; in the
audience today that I wanted to introduce you to, Mr. W. G.
Bill Star_y, He's new in town, and he's really a shy-type
fellow, so he came to me with a concern with the sale of his
home, and I thought maybe that you guys didn't have anything
to do today; that you would like to hear what he had to say.
So, Mr. Stacy, be bold.
MR. STAGY: Thank you, Commissioner Baldwin.
My wife and I are downsizing. We're -- we have moved into
the city. We've -- unfortunately, we've transferred from --
from Mr. Baldwin's precinct; we're now in Mr. Letz'
precinct.
COMMISSIONEP. BALDWIN: Did you say that is
fortunate?
COMMISSIONER LETZ: Fortunate or unfortunate?
COMMISSIONER BALDWIN: That's unfortunate,
isn't it, Bill? That-a-boy.
MR. STAGY: So you have a -- a picture there
of our house. And, oddly enough, the septic system that
we're talking about is almost where that picture -- the
person taking the picture was standing there. You have a
picture of the front and back of the house. We are in the
process of selling the house. We've lived there since 1986.
The house was built and we moved into it in 1980. We have
~~-~ ~~_ _
63
1
3
4
5
5
7
a
9
10
11
1~
13
14
15
16
t7
18
19
;' 0
'1
2~
~3
~q
25
twe -- two tanks that are hooked together and are -- and a
drain line. If you look back on the back page, there's a
map there of the lot, and I drew in approximately the area
where the two tanks are. In 1980 -- and the leach line
there. In 1980, the State only called for one tank.
As some of you well know, I got my Ph.D. in
septic systems at Camp Mystic when I was 14, and I learned
then if you had a -- a leach line and there was a little
soggy ground around it, you just made a longer leach line.
But a leach line should be 18 inches below the soil,
surrcunded by rock, and covered with some paper. Our
particular leach line was in gravel, perforated pipe, and
covered by wallboard, leftover wallboard. There is no -- I
don't guess, no extra -- I walked the leach line. It's
right on the side of the hill and goes down, and there's no
extra water there. I went out to the U.G.R.A. last week and
paid them $250, talked to Stuart Barron, and he said, "Well,
pump the thing out." And that's what is necessary to get it
licensed, because in those days of 1980, there was no such
thing as a license.
I got a call -- I made arrangements with --
with a pumper, got t_he best price. They gave me a list of
pumpers; I got the best price of $<'.05 to pump out the septic
tanks, and then my wife got a call -- called me and said the
pumper wanted $800 to expose the drain line and to expose


1
.-. 2
3
4
5
6
7
S
9
10
11
1G
13
,.-.
14
15
15
17
18
19
~0
GI
2~
23
~4
,...
ZS
E4
all the pipes. I immediately -- that got my full attention.
I got ahold of Stuart at the U.G.R.A. again and said, "What
is that all about?" He said, "Well, we have to follow the
rules." I said, "I happen to have made some of the rules,
and I wasn't familiar with the rules you're talking about."
He said, "Well, we have a whole new set of rules." So, I
hot-footed it out to the U.G.R.A. and got a set of the
rules, which he -- which he gave me, which a copy is in
your -- iii your file there of two of the more important
problems there -- in there, of the rules.
And, as I said, I was -- I was working with
septic tanks before almost anybody in the room was born, at
my age, at the camps, at Camp Mystic and Camp Rio Vista,
where we had hundreds of people using them. And, obviously,
you had to qo -- your septic tank -- you had to have a good
septic tank.	Now, I checked in	there on	the rules,	and on
Page 3 or 4 -	- I forget what it	is, that	-- Page 5,	what
I've done, wh	ich they -- which	this has	to be done	-- this
afternoon at Z o'clock, we're going to pump out the septic
system. They have been exposed. And on Page 6, I've done
everything, but the last on the -- D, I have not done,
because we have lived there for 23 years -- ~2 years-plus,
no problem. And 1 think when you distort the integrity of
the leach line, you're asking for a problem.
When I went bark and talked to Stuart in his
i n
55
1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
Ll
22
23
24
25
office, Stuart said, well, when we pumped it out, he should
have told me about -- I mean, in our first conversation, he
should have told me about these rules. And what he intended
to do was to tell me about them, so then we talked about the
rules. And I said, "Stuart, what kind of system are you
talking about? Are you talking about an aerobic? Forget
iY, because we all know aerobics don't work." He said no,
and he drew a little picture -- 1'~tt1e diagram on his
scratch pad. And I said, "Wait a minute, Stuart. You're
telling me what you want in the office here, and you haven't
even seen my system. Our system has worked perfectly good
for 22 years. We've never touched it, and there's no reason
to touch it now, except what you want." He said, well, if
you want_ to have an approved -- I mean a licensed system,
then you have to do what we say. I said, "But we can
approve it, but it won't be a licensed." And my wife, who
works for Coldwell Banker, says these systems have to be
licensed so it can be passed along.
Gentlemen, I can say this. I'm asking for a
waiver of this system, 'cause it works. It was put in by
somebody who was involved in septic tanks, knows what he's
doing. I don't -- I think that the one situation that they
asked for is too expensive and not practical, on a practical
basis. There's no leaching there. There's no moisture
there. Stuart did ask was there any problem with the

65
1
Z
3
9
5
6
7
8
9
10
11
12
lj
14
1S
16
17
18
19
20
21
?3
~4
~5
groundwater, and I said no, we're -- don't have to worry
about groundwater, 'cause the evaporation goes up. It does
not cro down in leach lines. There's a dry creek that's 50
or EO feet away. We're several hundred feet from a creek
there that does have water in it.
So, gentlemen, I'm asking -- here's a -- a
house that has been without the benefit of all these experts
on septic tanks we've had in our community in the last few
years. It's an interesting house, a very comfortable house.
My wife and I -- it has three bedrooms, two baths, and we
only use one bedroom, one bath. We have a living room we
don't use, and it has grass, and I can't mow the grass any
more. I'm too old for that sort of nonsense, so we have to
sell it. And somebody's going to get a very comfortable
house, I ran tell you that. It's probably one of the most
comfortable houses. You're looking at a picture of a house.
We lived in that house, incidentally, for twe years with
nothing but ceiling fans and fireplace, so -- until we got
air-conditioning. Our -- our utility -- our electric
bill -- it's all e]ectris -- our electric bill was about $26
a month.
So, anyways, there we are. We have two
tanks, a leach line that works. This whole thing has
worked, and noma I'm fighting the bureaucrats, and it's just
out of control on what the bureaucrats want. I was told in
1 - _
57
1
2
3
4
5
6
7
R
9
10
11
12
13
19
15
15
17
1fl
19
GO
LI
22
23
24
LS
Stuart's office -- and Stuart is here; he can confirm
everything I'm saying, 'cause I wouldn't say anything
without it being what he said. Se, that's it. I'm asking
for a variance from -- from the Court on this system.
COMMISSIONER LETZ: I have a question.
JUDGE HENNEKE: Shoot.
COMMISSIONER LETZ: And it's to the Court or
to Stuart, or to the Judge, if you want to answer. I
haven't looked at our rules real recently. I read the
O.S.S. F. rules, but I thought that when we did the real
estate transfer, to get a licensed system, it had to go
through an inspection process, but that you didn't have to
-- you just had to get it inspected, and if it was in
compliance, you didn't have to do anything if you want --
don't want an unlicensed system. Didn't we vote to do it
that way?
JUDGE HENNEKE: That's my understanding. And
my question for Mr. Stacy is, what are you asking the Court
to do'?
MR. STACY"": For a variance.
JIIDGE HENNEKE: For what?
MR. STACY: Of this system, so I can get a
licensed system.
JUDGE HENNEKE: We can't grant you a li~~ense;
we don't have the authority to grant you a license.
c U ~
68
1
3
4
5
E
7
R
9
10
11
12
13
14
15
16
17
18
19
~0
2I
~,
L G
~3
24
25
COMMISSIONER LETZ: You don't need a license
to sell the property.
MR. STACY: Well, I understand that, but my
wife tells me -- she's in the real estate business.
COMMISSIONER LETZ: Right.
MR. STACY: And y'all -- none of us are in
the real estate business. And I think Becky could tell you
more about it --
MS. COWDEN: Kitty.
MR. STAGY: -- about that, of what is -- what
is needed. And I'm just saying that the Court does have the
right to grant exemptions.
MS. COWDEN: There are lenders who do require
a licensed system.
JUDGE HENNEKE: I don't think the Court has
the statutory authority to grant a license unless the system
meets the T.N.k.C.C. requirements.
COMMISSIONER LETZ: I --
DODGE HENNEKE: That's my problem. I don't
think the Court can grant a variance for purpose of license.
I think we can grant a variance for purposes of inspection,
for purposes of transfer, but I don't think we can grant a
variance for purposes of licensing.
COMMISSIONER LETZ: I think -- I mean, I'm
confused by a lender requiring a license. What if we didn't
r-_ - _
59
1
3
4
5
F
7
8
y
10
11
]2
13
14
15
lb
17
16
19
20
21
22
23
24
~5
have a licensed system in this ccunty? We don't require a
license on a real estate transfer. I mean, we can have a
letter that says a system appears to be in compliance if you
don't want -- or you r_an issue a license, but we're under no
requirement --
DODGE HENNEKE: We don't have any control
over what Lenders do. If the lender wants the house to be
painted purple, we can't keep them from requiring that the
house be painted purple. Your only option is, if you don't
want the money, you tell them, "I'm not going to paint it
purple." And they say, "Well, ycu're not going to get the
money." You say, "Fine." The same thing with a licensed
septic system. If the owner doesn't want to license the
septic system, they don't have to license the septic system,
but the property may not be eligible for finanr_ing. That's
the derision they make. I mean, I don't think this Gourt_
has the ability to -- to grant a license to a septic system
that doesn't meet the statutory requirements. Stuart?
MR. BAR.RON: I agree with what the Judge
said, and it doesn't have to be licensed to be transferred.
I told Mr. Stacy -- and it might have been a
misunderstanding. I didn't feel it was a misunderstanding
when he came in there, I believe it was Tuesday or
Thursday -- that the system would have to qo through the
inspection process; however, it wouldn't have to be
i' _
70


1
2
3
4
h
7
8
9
10
11
1~
13
14
15
16
1/
18
ly
20
21
~~
Li
29
25
licensed. Mr. Stacy wants a license for it. I told him if
he wanted a license, it will have to be inspected to insure
that it does meet state standards, which his system, from
the discussions that we've had, will not meet state
standards. I have not been out there before. From what he
has told me, it's not -- it won't meet the standards. So, I
told him we can not license it unless he wants to uncover it
and prove to me, or to our office, that it will meet the
standards. And that was the $800 charge that he was talking
about, to have somebody go out there, dig it up, look at it,
see if it was in compliance or not. At that time, it would
be licensed if it was. He has decided not to go that route.
He wants to get it pumped out, have a walk-over inspection
to say that there's nothing surfacing from the ground, it
appears that there's nothing -- no problems with the system,
and then make it eligible for transfer.
COMMISSIONER BALDWIN: What about it does not
meet the state standards?
JUDGE HENNEKE: I don't think Stuart knows,
'cause he hasn't gone out there to look at it.
MR. BARRON: I haven't been out there.
COMMISSIONER BALDWIN: You made the comment
that it does not meet state --
MR. BARP.ON: From what Mr. Stacy has told me,
it's 150 foot long. For his particular house, it would have

1
3
4
5
E
7
8
5
10
11
12
13
14
15
16
17
18
19
?0
21
~2
23
~9
25
~l
to be around 240 foot long, depending on the width of the
trenr_h, and the drainfield is sloping downhill. The
drainTield has to be completely level.
JUDGE HENNEKE: That's the T.N.R.C.C.
requirements?
MR. BARRON: Yes, sir.
COMMISSIONER BALDW7N: And that met the rules
before there were any rules.
MR. BARRON: In 1980, as he has stated, there
was licenses before that date. There was licenses as early
back as '7b, we have on file.
MR. STACY: I disagree with that, 'cause we
couldn't -- it it was, we didn't know where to get a
license; put it that way. I got the -- the first
conversation that -- that Stuart and I had was on the 22nd,
and that's when I knew nothing about the so-called rules.
It was only when I heard about the $SOU -- my wife tells me
that of the $800, $200 of that was for the pump-out, so it's
really $600 to -- to -- but it gnt my full attention.
Actually, I gnt a worker and I've uncovered the tanks tc
clean iL out. It's ready to -- we've lifted the plugs; all
he's got to do -- and I talked to the pumper this morning.
He's coming in at ~ o'clock this afternoon. And it's my
understanding -- it's my understanding, and that's why I'm
here, that this Court has the right to give a variance to
72

1
3
4
5
F
7
~3
9
10
I1
12
13
14
IS
16
17
18
19
~0
21
~~
23
24
25
your designee of a system. Now, if you're -- if you say
that's not true, I don't know. I think you do, as I
understand it.
COMMISSIONER BALDWIDI: My -- I don't know,
Bill. 1 have no idea. I'm still hung up over here with
this -- if -- do all systems that are 20 or 30 years old,
and -- and they -- there's a transfer of real estate, do you
require them to bring them up to today's standards?
MR.. BARRON: No, sir. They -- we go out
there and do an inspection. We look for surfacing effluen*_,
and we look inside the tanks; we make sure the tank is not
overfull or underfull, indicating that there would be a leak
in it or there's a stoppage in the drainfield line. If none
of those options are there -- can you think of anything else
that those --
COMMISSIONER BALDWIN: Well, you had
mentioned ghat his was too short, I think was the problem
here. Too short compared to what standard?
MR. BARKON: Today's standards. If we
license them today, we have to go by today's standards.
COMMISSIONER BALDWIN: I see.
MR. STACY: There's a reference in here to a
T.N.R.C. handbook in Austin, which he showed it to me; I
didn't see it. The -- this is why I'm saying that the Court
-- since he is your employee, you can advise him of -- of --

1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~3
24
25
73
and give him a variance on this system. It's just -- it's
worked for ~0 some-odd years.
COMMISSIONER LETZ: I guess I'm going back to
the -- I don't understand why you need a license. I mean,
if I was you, I wouldn't need a license.
MR. STACY: There was nobody to license in
those days.
COMMISSIONER LETZ: I know.
MR. STACY: Incidentally, on my little
subdivision, there's half a dozen -- not half a doyen.
There's -- I pu*_ in twe systems that have been approved,
have been licensed and approved, and the houses were sold.
BuL there's -- they've changed the formula. They got one
out there that they -- they throw a switch, and six months
you -- you throw a switch and it goes on one set of pipes,
and in another six months you throw it back and it goes to
another. Got one out there that's flat, and has a whole
bunch of level sitting in rock. There's several different
systems,
COMMISSIONER LETZ: Right.
MR. STACY: They've changed the rules and all
that. So, when I -- when this -- when we got this same --
these confounding stories, and they -- the $800 charge, I
said, hey -- I knew that y'all had the right to -- to
authorise a variance.
-i~,_o_
r.
1
3
4
5
6
7
8
9
10
11
1~
13
14
15
15
17
18
19
?0
21
-~ -,
Ga
~3
24
?5
74
COMMISSIONER LETZ: Well, I think we can
authorize a variance, I mean, from -- from the standpoint of
approval of a system, but we can't make a license. We can't
issue a license which is using T.N.R.C.C. rules.
MR. STACY: That's to him, if you would grant
the variance. Then it would be up to him to go -- go with
the slow or not. 'Cause, like I say, he -- he has -- what
he wanted, he drew me a little sketch of what he wanted, but
there are no -- no guarantee that that's going to work. I
got one that does work.
COMMISSIONER LETZ: Right, I understand that.
And, I mean, I guess what I'm going back to is that we're
nor requiring a license.
JUDGE HENNEKE: We are not requiring a
license. The applicant is asking for a license. And, under
our rules -- I think under the state requirements, if they
want a license today, The system most meet today's
requirements.
MR. BAR.RON: Yes, sir,
DODGE HENNEKE: We are not -- this Court is
not requiring Mr. Stacy to obtain a license in order to
transfer the property to the new owners to use the existing
system. I want that to be perfectly clear.
MR.. STACY: Well --
MR. BARRON: The only thing I might add to

~s
1
9
6
7
3
9
10
11
12
13
14
15
16
1?
18
19
~0
21
22
?3
24
25
that is, if -- if the mortgage company wants to do it, the
Court has no -- has no legal recourse against the mortgage
company. They can require whatever they like.
MR. STAGY: Well, you know, you see -- you
see what that puts -- and if I come up with a system, how do
I know -- there's no guarantee that what I want will work.
He may or may not approve it, see; And so we're getting
back to whe's in charge.
COMMISSIONER LETZ: But the system works now.
I mean, I guess I'm baffled that a lender is going to
require a licensed system. I can see a lender requiring an
inspection, which you've had, and your system's in
compliance. And, I mean, I've never heard of a lender
requiring a licensed system.
MS. COWDEN: You know, I'm real confused here
too, because we've been closing a lot -- lot of deals at the
title companies, and the title companies are requiring this
license to transfer the property, and now y'a11 are saying
that we don't have to have a license to transfer property?
COMMISSIONER LETZ: No.
MS. LUWDEPd: Boy, is there some confusion out
therz, because the real estate industry out there thinks
that you have got to have a real estate -- you've got to
have a licensed septic system to transfer it.
JUDGE HENNEKE: The system has to be
-in-r.
76
1
2
3
4
5
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
zl
22
~'
24
ZS
inspected to transfer the license, but the -- the real
estate transfer does not require a license. All it requires
is the system be functioning appropriately. I mean --
COMMISSIONER LETZ: You need an inspection.
It has to be inspected, but it's not licensed. I mean, if
you wanted it licensed --
MS. COWDEN: And the only person to do that
is the U.G.R.A.?
DODGE HENNEKE: That's correct. There's --
he's the Comity's designated -- it's not the U.G.R.A.; it's
Stuart Barron. Mr. Barron is the County's Designated
Representative for purpose of enforcing the T.N.R.C.C.
rules, as amended by this Court.
MS. COWDEN: There's still some confusion
there, because there's nothing that they will give you in
writing except a license.
MR. BARRON: We have issued letters saying
that it appears not to be failing from the surface, a
surface inspection.
MS. COWDEN: So, you can do that?
MP.. BARRON: We have.
COMMISSIONER LETZ: I think that -- I think
you should give an inspection letter. I think there should
be a form inspection -- not necessarily a letter form; a
form that says passed inspection, period. It's not a
t,-1 -,_
~~
1
2
3
4
5
6
7
8
q
10
11
12
13
19
15
16
17
18
19
20
21
~3
29
25
license, but it's just a -- you've -- it passes inspection.
And I can see, you know, that it should -- I think we should
do that, just from, you know, a customary standpoint.
MS. COWDEN: There's a lot of confusion.
MR. STACY: Well, you understand where --
where I'm coming from on a system that should be -- by
anybody's yardstick, should be approved.
DODGE HENNEKE: It is approved.
COMMISSIONER LETZ: It is approved.
DODGE HENNEKE: It is approved. It's not
licensed, and it's not going to be licensed unless you --
unless that system meets today's requirements.
COMMISSIONER WILLIAMS: You can't transfer a
nonexistent license.
DODGE HENNEKE: There's no license to
transfer.
MR. STACY: Well, okay. What you're -- what
he's telling me is I got to gn with -- with a longer leach
line, I guess, what we're talking about.
COMMISSIONER LETZ: To get a license. I
mean, what I'm hearing is that you don't have to do anything
else. You can get the -- it's been inspected and appears to
be working. You ran get that today. If you want to get it
licensed, you're going to have to add drainfield --
JUDGE HENNEKE: But that --
78
~-.
1
3
4
5
5
7
8
9
10
11
12
13
14
15
15
17
19
19
2U
21
~3
~4
?5
COMMISSIONER LETZ: -- and change the --
JUDGE HENNEKE: You have to satisfy today's
requirements, whatever they are.
MR.. BARRON: And it has not been inspected as
of yet, to --
MR. STACY: ~ o'clock this afternoon.
COMMISSIONER BALDWIN: Stuart, how long is
his drainfield today?
MR. BARRON: He claims it's 1S0 foot. I have
not been --
MR. STACY: I don't know if it's that long or
not. It's overgrown, so I couldn't -- didn't measure.
COMMISSIONER BALDWIN: What is your
requirements?
MR. BARRON: For that size house, it should
be 2.90 feet.
COMMISSIONER BALDWIN: Is that 150 -- what
did you say, 150?
MR. BARRON: Yes.
COMMISSIONER WILLIAMS: Is that a formula by
T.N.R.C.C.?
MR. BARRON: Yes.
COMMISSlUNER BHLUWIN
feet of line? Pretty expensive.
So, 800 bucks for 90
MR. STACY: Yeah. Well, like -- I don't
.-i'- _
79
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
know. I just came	here hoping	I'd get some	relief, but I
see that's not --			
COMMISSIONER BALDWIN: We have aspirins in
the office.
JODGE HENNEIiE: Thank you.
COMMISSIONER LETZ: But I think that -- I
think this brings up a point. I mean, it's -- we may have
to get this back on the agenda, because obviously there's
confusion, at least in the real estate -- maybe we just have
to go to some of the realtors.
MS. COWDEN: There are closers who say you
have to have a license for us to do it, so I'm going to go
back to Jarrod Hamil and ask him what the real rules are.
And if I can -- if all I need is a letter to transfer some
property from Stuart -- he does have to inspect it?
COMMISSIONER LETZ: Right. Pay a fee -- you
pay the fee, he inspects it, and if it appears to be in
compliance, his letter will say, "This system appears to be
in compliance."
MR. BARRON:
appears to be in compliance
appear to be surfacing.
COMMISSIONER
MR. BARRON:
COMMISSIONER
I don't know if it will say it
It will say that it does not
LETZ: Right.
Causing a health hazard.
WILLIAMS: Appears to be
80
1
2
3
4
5
E
7
8
9
10
11
12
13
14
15
lb
17
18
19
20
21
G G
~3
24
25
functioning.
MF.. BARRON: I won't even go that far.
COMMISSIONER WILLIAMS: Okay.
MR. STAGY: Well, I mean, this is -- 22
years, and nothing; it's been working fine. And we -- I
took the tops off of it; there's water there, everything's
fine.
DODGE HENNEKE: Good.
MR. STAGY: A little smelly, but -- anyway,
thank you for not helping me, I guess.
COMMISSIONER LETZ: But we don't think -- I
don't think you need help.
MR. STAGY: Well, I don't know. If he's your
employee and he's taking the position he's not going to
issue a license, which my real estate wife says I need to
sell the property, and Becky's kind of backing that up --
MS. CGWDEN: Kitty.
MR. STAGY: Kitty.
JUDGE HENNEKE: Bill, it's not that he won't
issue -- he's saying it you want a license, you have to meet
today's standards.
MR. STAGY: Well, see, when it was put in, it
was way ahead of the standards.
DODGE HENNEKE: That's 22 years ago.
Standards caught up with it.
_ 1 i -
1
3
9
5
6
7
8
9
10
11
11'
13
14
15
16
17
18
19
,0
~l
22
'3
~4
~5
81
COMMISSIONER BALDWIN: We really have a major
problem here, 'cause Bill's going to go out of this room and
tell people that we did -- we didn't want to help him.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER BALDWIN: And that's a bad thing
to happen, when it's not true. So, we -- somehow, we need
to get down to the bottom line here of, number one, what
does he want?
JUDGE HENNEKE: He wants a license.
COMMISSIONER BALDWIN: Well, I'm glad you
picked that up. I didn't quite get to that point. What
does he want? Can we provide that for him?
JUDGE HENNEKE: No.
COMMISSIONER BALDWIN: No, is the answer. Do
you understand that?
MR. STAGY: What part of no don't you
understand?
COMMISSIONER BALDWIN: Why would -- why would
he want a license?
COMMISSIONER LETZ: I have --
COMMISSIONER BALDWIN: Why would he want a
license?
COMMISSIONER LETZ: I don't know that answer.
COMMISSIONER WILLIAMS: Because it's not
lir_ensed now.
€-i~_-_~
1
2
3
4
5
6
7
ft
9
10
11
12
13
14
15
16
17
18
19
20
21
~,
23
24
25
82
MR. STACY; No, it's not licensed now, and
needs to be licensed, as I understand it.
COMMISSIONER. BALDWIN: So, your wife sent you
down here, like my wife sends me to H.E.B. with --
JUDGE HENNEKE: She sends you with a list.
COMMISSIONER BALDWIN: Saying that you have
to have a license, 'cause she's a real estate lady, and --
David, you want to get in on this? This is prime stuff
here, buddy.
MR. MOTLEY: I need to go over and get the
current set of rules, is what I have to do. I think
Stuart's probably more familiar with the practicalities of
it than I am.
MR. BARRON: I don't know if you'll have time
to read them.
COMMISSIONER BALDWIN: I think -- just
thought Bill would be kind of upset. I don't want him to
leave here saying ugly things against --
MR. STACY: I won't say ugly things about
you.
COMMISSIONER BALDWIN: About me?
MR. STACY: No. No.
COMMISSIONER BALDWIN: Need to get that in
writing, I can tell you.
MR. STACY: I remember all about the Hunt
-1r- ._
83
1
3
4
5
E
8
9
10
11
12
13
19
15
16
17
18
19
1S
~1
,,
23
24
25
Store stories.
COMMISSIONER BALDWIN: Okay, stop.
COMMISSIONER LETZ: I think I'd let Charlene
know that -- or whoever's handling the real estate
transaction, Kitty, that you don't need -- in this county,
you do not need a licensed system to transfer real estate.
Do not need it.
MS. COWDEN: But you do have to have an
inspection.
JUDGE HENNEKE: Yes.
MR. STAGY: That's what they told me.
COMMISSIONER BALDWIN: We're going to get an
inspection.
COMMISSIONER WILLIAMS: If you want to
transfer the license, you have to -- you have to do what's
necessary from the -- still within compliance of T.N.R.C.C.
regs, correct? If you had a license and want to transfer a
license?
MR. BARRON: We do the same inspection to
determine that the system is not surfacing or causing any
health hazard that we can see from the surface, and then we
transfer that license. It's the same type of inspection,
other than one's licensed and one's not.
COMMISSIONER. WILLIAMS: It's left up to the
homeowner. If they want to -- if they want to license their
84
1
2
8
4
5
6
7
8
9
10
11
12
13
19
15
15
17
14
19
20
21
22
~3
24
25
system, they can do that. They can go back in and upgrade
it and license it, and we'll license it at the time of
transfer, but they're not required to.
JUDGE HENNEKE: Okay. All right.
COMMISSIONER BALDWIN: Are you going to be
out there at 2 o'clock at his house today?
MR. BARRON: Yes, sir.
JUDGE HENNEKE: Be gentle, please.
MR. BARRON: You want to come?
COMMISSIONER BALDWIN: No.
MR. STACY: It's in your precinct. You got
to know what's going on in your precinct.
COMMISSIONER BALDWIN: I do know what's going
on in my precinct. Y'all are going to be out at your house
at 2 o'clock.
MR. STA~`Y: We11, you can get Morgan Dean to
move his stuff. Is that asking too much?
COMMISSIONER BALDWIN: Yes.
COMMISSIONER WILLIAMS: I can hardly wait for
the breakfast meeting tomorrow morning.
MR. STACY: Thank you.
JUDGE HENNEKE: A11 right. The next item for
consideration is Item Number h, consider and discuss
adopting revised Kerr County Subdivision Rules and
Regulations. Commissioner Letz.
t~ t~„
85
COMMISSIONER LETZ: We're getting real close.
(Laughter.)
COMM15S1ONER LETZ: I think too much about
these things. Let's qo through the easy part. In the
packet, you have the latest revised version with some pink
tabs and some blue tabs. Pink tabs are for the Subdivision
Rules. First, on Page 17, the words that are in red, which
is "percent of" -- I think the sentence needs to be clear.
We're not changing anything. We're just saying that the
pre-~~onstruction runoff rate -- the post-construction runoff
rate to the point of flow leaves -- point of flow leaving
the subdivision has to exceed the pre-construction runoff
rates for 2-, 10-, and 100-year storms, respectively.
JUDGE HENNEKE: Se, you're deleting the words
"percentage ~f"?
COMMISSIONER LETZ: The words "percentage
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1`
lE
l;
1E
1!
2t
2
2
2
of.
COMMISSIONER WILLIAMS: Oh, you're taking
that out? Okay. That answers my question, thank you.
i COMMISSIONER LETZ: Nest pink tab on Page 23,
this is to make this language conform to the newest language
we received from Stuart regarding on-site septic. And it's
3 a -- there used to be "two" there, and we're inserting
3 "three." So, any subdivision -- or any tract -- any
subdivision or tract less than 3 acres needs to be run by
1 -
86
1 .-~

1
3
4
6
7
8
a
10
11
1~
13
14
15
16
17
18
15
i3
21
22
23
24
25
on-site septic. If it's greater than 3 acres, it does not
need to go for any kind of subdivision review. And that is
a figure that Stuart came up with based on an average
drainfield and average well, an average lot, about the
amount of acreage you need to make sure you don't have any
problems, so we'll go with 3 acres there.
COMMISSIONER WILLIAMS: If the lot is less
than 3 acres.
MR. JOHNSTON: Is that an average, or just --
COMMISSIONER LETZ: No, it's an absolute.
'Cause if there's a lot -- because -- because if they're all
larger than 3 acres, it's just presumed you can easily put
in a septic system -- well, actually a -- there's no well
involved there, but that's it. On the rules themselves, on
the appendix, the first blue tab is -- incorporates some new
floodplain language that we talked about at the last
meeting.
MS. LAVENDER: We don't have a blue tab.
Page?
JUDGE HENNEKE: Three.
COMMISSIONER LETZ: Page 3.
JUDGE HENNEKE: Appendix B.
COMMISSIONER LETZ: Appendix B. Paqe 3 of
the appendixes. It's incorporated into the floodplain
determination language we discussed last time. This is the
~,-~~~ ~~
87
I
f
I
1
1
3
4
5
6
7
b'
Q
10
11
12
13
14
15
15
17
18
19
20
21
22
2i
24
~5
language that Stuart wrote that he feels meets the current
requirements.
COMMISSIONER WILLIAMS: Who filed?
COMMISSIONER LETZ: I'm sorry -- yes.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Actually, I take that
bark. There is -- that's on the next tab, I think. This
tab is to -- adding back in that we are -- the surveyor is
going to locate -- do the floodplain analysis, because they
are certified engineers.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: And then the next tab
is --
AUDIENCE: What page?
COMMISSIONER LETZ: I haven't got to it yet.
COMMISSIONER WILLIAMS: Twelve.
COMMISSIONER LETZ: Page 12 is the fee
schedule, and I am recommending that on these, only the ones
that are -- that are left in black are the ones that really
relate to subdivision. The rest of them are different kind
of determinations, and it's easier to me to delete all of
the red ones, because every time one of these other fees
change, we have to change all the Subdivision Rules. So,
we're only going to have fees that are directly related to
the subdivisions in here.
~, L i - -
88
1
C
1
S
4
5
5
7
R
9
10
11
12
13
19
15
16
1/
18
ly
20
21
~~
23
Z4
25
COMMISSIONER WILLIAMS: These would be, then,
posted by whom, and where?
COMMISSIONER LETZ: Well, floodplain --
Stuart -- they have a list out at U.G.R.A. and Stuart's
office for flondplains. You have the on-site septic. But,
really, all these septic things have nothing to do with the
subdivision.
COMMISSIONER BALDWIN: I agree with that.
COMMISSIONER LETZ: So it's just --
basically, if it doesn't pertain, I got rid of it.
COMMISSIONER BALDWIN: It's gone.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: And we're -- and we would
be done if I didn't think over the weekend.
(Laughter.)
COMMISSIONER LETZ: But I thought, so let's
get everyone to Page 14 of our Subdivision Rules, which is
Subdivision Standards. And this came up because of a person
in my precinct that asked a question and wanted to buy a
1-acre lot and build a house, and it really wouldn't work.
It has road frontage that requires subdivision platting, you
know, because any division would if it's less than
10 acres -- of a lot sire less than 10 acres. But we have
created in our rules a situation where that -- if you're in
the county, you cannot have any tract sold that's less than
F i~_-
1
3
4
G
7
8
y
10
11
1L
13
14
15
16
17
18
19
20
21
22
23
~4
25
89
5 acres, unless you're on surface water.
DODGE HENNEKE: Why is that?
COMMISSIONER LETZ: Well, because you --
under state rules, if you're -- if you divide a -- ler_'s
take a 5-acre tract and divide it in half, 2 and a half
acres. That's a subdivision, and you're not er,empt from
anything. There's no exemptions that qualify you. But
under our water availability, you can't do that, because you
have to have an average of 5 acres.
DODGE HENNEKE: But that's for subdivision
improvements. If you have an existing subdivision --
COMMISSIONER LETZ: It's outside of a
subdivision, gust a piece of land, is the one that came up
to me. It's just a tract of land that happens to be
4 acres; they want to build -- divide it into either three
or four 1-acre lots. It's on a water system. Our language
is right now that iT it is on surface water, they can do
that, but we all know at the moment there's -- you know,
that was kind of a direction. There's -- there is no
surface water in the county anywhere. So, I think we need
to address this. 1 mean, I think from a developing
standpoint, the larger subdivisions -- and I don't know what
"larger" means, necessarily. I think the acreage, you know,
averaging and all of that is working very well; the
developers don't have a problem. The problem comes on small
~~ 1 i i
1
2
3
9
G
5
7
8
9
10
11
12
13
14
15
16
17
19
19
20
21
~2
2;
24
25
90
subdivisions that -- and small tracts. We've -- you know,
we've basically priced -- in my opinion, prirad moderate- to
low-income people out of the real estate market in the
county, because you can't get anything less than 5 acres,
and the average price of -- you know, in my part of the
county is about $16,000 an acre. You can't touch a piece of
land now for less than $50,000, and I think that really puts
a burden on the -- the middle-income sector. So --
JUDGE HENNEKE: Well, now, on that specific
example, though, we have an exemption from the water
availability for maximum number of lots shall not exceed
five lots.
COMMISSIONER LETZ: Okay.
DODGE HENNEKE: No more than one well can be
drilled on any one lot.
COMMISSIONER LETZ: Right. And I thought
that too at first, the way I wrote it. But that exemption
only relieves them from -- it says there that Section 1.05
of the Water Availability Requirements shall not apply if --
and if it's five lots. We11, Section 1.05 only regards to
wells; it doesn't regard to subdivision platting.
JUDGE HENNEKE: Well --
COMMISSIONER LETZ: It doesn't go to the
average. The average lot sizes aren't addressed under that.
JUDGE HENNEKE: I see.
0-1'~'~-i,_
91
1
7
3
4
5
6
7
8
9
10
11
12
1 J
14
15
16
17
18
19
~0
21
22
23
24
25
rOMMISSIONER LETZ: I think -- I think, you
know, it's a fairly easy fix to just -- to change that
exemption to not be -- you know, just Water Availability
Requirements are not applicable if it's five lots. And I
think that was probably our intent. And when I started
reading through it, I -- I found a situation that it wasn't
working right, from what I had remembered that we were
trying to do.
JUDGE HENNEKE: I think you're right. When
we were working on these, I think that's where we were
trying to go.
COMMISSIONER LETZ: So -- okay. Well, that
change is very easy. Just change the language on the
water -- or that provision; that you just say, under
Exemptions, at least certainly for that one -- actually, for
all those -- say, on Water Availability Requirements, Item
1.06, Exemptions, those exemptions apply to the Water
Availability Pequirements as a whole.
COMMISSIONER WILLIAMS: What page are you
reading from?
JUDGE HENNEKE: Page 4.
COMMISSIONER LETZ: Page 4.
DODGE HENNEKE: Of the Water Availability
Requirements.
COMMISSIONER WILLIAMS: Okay.
._ ,_
92
1
2
3
4
5
F
7
8
9
10
11
12
13
19
15
15
17
18
19
ZO
21
?2
23
24
GJ
JUDGE HENNEKE: It's the next to last page in
the agenda item handout.
COMMISSIONER LETZ: Because that would tie
back -- if we changed it to the whole requirements, which I
think was the intent originally, that ties back to our
Subdivision Rules with a 5-acre average, 'cause that's based
on Water Availability Requirements.
JUDGE HENNEKE: I think that is a fix. And I
thin}: that was our clear intent when we struggled with that,
was to find a way to take care of that situation.
COMMISSIONER LETZ: So, with that one change
on the Water Availability Requirements, I think we're done.
JUDGE HENNEKE: Okay. Are you prepared to
adopt these changes today?
COMMISSIONER LETZ: Yes.
JUDGE HENNEKE: Okay.
COMMISSIONER LETZ: The only other possible
change -- and I'll refer everyone back, get everyone totally
confused, back to Page 14 of the Subdivision Rules -- is one
that I talked to Commissioner Baldwin abut briefly. Onder
S.O L E, Item ?, we went to a no acreage limitation for a lot
served by community or public water system and on-site
septic. We stated that it needed to be -- on-site septic
had to be in compliance. Commissioner Baldwin and I thought
it might be better to put a 1-acre limit there or a minimum
93
1
2
3
4
5
5
7
8
9
10
11
12
1 i
14
15
16
17
1S
19
20
21
22
23
24
L J
there instead of no acreage limit. I don't know that it
makes that much difference, really, because they're still
going to have to figure out how to comply with the O.S.S.F.
rules. And -- but it was just something that Commissioner
Baldwin and I thought --
COMMISSIONER WILLIAMS: That makes sense to
do that.
JUDGE HENNEKE: Well, but if you do that,
though, you really probably do away caith any sort of
apartment development.
COMMISSIONER LETZ: Yeah, and that was why we
left it in, for townhouse/apartment-type deals. So, I don't
have any strong feelings one way or another.
COMMISSIONER BALDWIN: I don't either. I
just -- I've always just been kind of uncomfortable with
that almost no-man's-land out there or something. It
just --
JUDGE HENNEKE: Well, we didn't --
COMMISSIONER BALDWIN: -- didn't seem right.
JUDGE HENNEKE: This contemplates a
development where we have a community water system and a
community wastewater system. So --
COMMISSIONER LETZ: That's the last one.
J~JDGE HENNEKE: Yeah.
COMMISSIONER LETZ: The one -- the two is
- 1 I - _
94

1
i
9
5
5
7
8
9
10
11
12
13
114
1J
16
17
l8
19
20
~l
22
23
?4
25
septic.
JUDGE HENNEKE: Oh, I see.
COMMISSIONER LETZ: It's on-site septic and
community water system.
COMMISSIONER BALDWIN: It seems -- it just
seems like there should be something -- some limit on the
minimum size, to me. What would happen -- what would happen
if you had a community with less than a quarter-acre -- I
mean, real small, just the house and the yard there, and
then come along and the rules change. And, I don't know; to
me, you're kind of locking -- locking yourself into a bol.
It just needs to be some kind of a minimum number. That's
just the way I feel. I mean, I don't -- I'm not going to
fight y'all.
COMMISSIONER LETZ: Stuart?
MR. BARP.ON: To give you some guidance on it,
the State requires at least 1 acre for a septic and a well,
if they have a private well.
COMMISSIONER LETZ: Okay. But they wouldn't
have a well there if it's under a community water system.
MR. BAR.RON: Then it would be half an acre.
But I can tell you that there's lots out there that half an
acre is not large enuugh for -- for Kerr County, a septic
system.
COMMISSIONER LETZ: And in that Situation, I
.,_1, - _
1
3
4
5
F,
7
8
9
10
11
12
13
14
15
16
17
1R
19
20
21
22
23
24
?5
95
mean, it would be -- you'd have to -- under our platting,
anyway, if they're going with small lots, you would have to
approve them before we would ever approve the plat.
MR. BARRON: Yes.
COMMISSIONER WILLIAMS: Well, Stuart's making
a case for some kind of a designation.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: 73eyond no. One or
half? You say that there's some that you can -- some that
half an acre's inadequate, right?
MR.. BAR.R.ON: Yes, sir.
COMMISSIONER LETZ: What if you went with
something -- is there an aerobic-type system you would put
on a quarter acre or something like that? Is there any kind
of a system --
MR. BARRON: It's just going to depend on how
big your house is, how you like your driveway, things liY.e
-- when you get down that small, everything becomes --
becomes a px~blem.
COMMISSIONER LETZ: Put 1 acre back in there?
COMMISSIONEK WILLIAMS: I think 1 acre. What
do you think, Buster? One's all right with me.
COMMISSIONER LETZ: Okay, 1 acre. With those
two changes, I think we've talked about them probably
enough. I'll mcroe approval of the revised Kerr County
96
1
2
9
5
6
8
9
10
11
12
] i
14
15
15
l7
18
19
~0
21
22
;3
24
25
Subdivision Rules and Regulations, with the two
modifications made today.
COMMISSIONER WILLIAMS: I second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve the
revised Kerr County Subdivision Rules and Regulations as
amended today. 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. JOHNSTON: Plats that are in progress --
say they have a preliminary, they're waiting for a final.
Does that go by these new rules?
JUDGE HENNEKE: They would stay under the
existing rules. Anybody who's already filed for a
preliminary would be covered under the existing rules.
COMMISSIONER LETZ: Right. I think, if
anything, we have a whole lot that are waiting for us to
make this change so they can do some small subdivisions.
JUDGE HENNEKE: Okay, very good. That's a
long effort. Next item is Item Number 8, consider and
discuss setting a date for joint budget meeting with the
Kerrville City Council. In my discussions with R.on
r-.=
97
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
1R
19
2n
~l
,,
L L
23
?4
25
Patterson, he has suggested July the 10th at 4 o'clock in
the City Council Chamber. They will be responsible for
food.
COMMISSIONER BALDWIN: Steaks.
COMMISSIONER LETZ: 10 o'clock?
JUDGE HENNEKE: 4 o'clock. July 10th at
4 o'clock, City Council Chamber.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, that the Court set a joint
budget meeting with the Kerrville City Council for July 10th
at 4 o'clock p.m. in City of Kerrville Council Chamber. Any
other questions or comments? If not, all in favor, raise
your right hand..
COMMISSIONER LETZ: Question. Was that the
-- the press is mouthing that we have a workshop scheduled
already on that date for budget.
MS. VAN WINKLE: It's the third day.
JUDGE HENNEKE: Not at 4 o'clock, we don't.
M5. VAN WINKLE: Well, it ends at 3:00.
JUDGE HENNEKE: 3:00, 9:00. All in favor,
raise your right hand.
(The motion carried by unanimous vote.>
JOGGE HENNEKE: Opposed, same sign.
f'-t"-
98
1
3
9
5
h
7
a
y
10
11
1?
13
14
15
16
17
Ia
19
20
Z1
z~
~_'
24
~5
lNo response.)
JUDGE HENNEKE: Motion carried. Okay. The
ner,t item is to consider and discuss adoption of the FY
'02/'03 budget workshop schedule as outlined in the budget
book. Very briefly, I'll tell you that I have, in light of
our experience over the last couple years, condensed the
schedule. Last year we had a lot of dead time. I think
that's time that's not well spent, so I've kind of put the
pedal to the medal to get us in and out of this. Any
questions or comments?
COMMISSIONER LETZ: Only comment that I have
is that -- and it may be we can, I think, address it later.
On the Hill country Youth Exhibition Center, we may want to
pull out, possibly -- or not pull out. It's going to take
us a little bit of time, possibly, depending on where we are
in the process.
JUDGE HENNEKE: This is really designed for
the maintenance part.
COMMISSIONER LETZ: Okay.
JUDGE HENNEKE: As opposed -- I think if we
get ready to discuss the future of that, --
COMMISSIONEk LETZ: Construction, it would
take a workshop.
Ji~DGE HENNEKE: -- we'll have to pull that
out separately.
t-~"-
99
1
L
3
4
S
E
a
N
10
11
12
13
14
15
16
17
18
19
20
21
22
?~,
24
25
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: I move the schedule
as proposed.
COMMISSIONER. BALDWIN: Second.
,7UDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Baldwin, that the Court
adopt the budget workshop schedule as presented.
COMMISSIONER BALDWIN: Judge, you had said
today is the D-day to receive the requests back in?
JUDGE HENNEKE: Correct.
COMMISSIONER BALDWIYd: Have you --
JUDGE HENNEKE: I've gotten most of them. A
couple of elected officials have come to me and asked for an
e:~tension, the County Attorney being one. I've given those,
but we're getting them in in good order.
COMMISSIONER BALDWIN: Is D.P.S. in yet?
JUDGE HENNEKE: D.P.S. is in, yes. When 1
send out this memo with this workshop schedule, I will, as
always, offer to the elected officials the opportunity to
trade around if necessary.
COMMISSIONER BALDWIN: Very good.
JUDGE HENNEKE: Within this general
framework. Any other questions or comments? If not, all in
favor, raise your right hand.
(1'he motion carried by unanimous vote.)
e r.,-
100
1
2
3
9
5
5
8
9
10
11
12
13
14
15
16
17
18
19
~, it
21
~ ~
23
24
25
JUDGE HENNEKE: Opposzd, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Is there
anything else we need to take up today, gentlemen?
COMMISSIONER WILLIAMS: I'll remind you,
Mr. Hartzell is here and he wants to review some things with
the Commissioners, one-on-one or two-on-one or whatever.
And, how long will that take you to do that:
MR. HARTZELL: As tong as -- not long for me
to explain my part. However long you guys want to speak
with me.
COMMISSIONER BALDWIN: I want you for five
minutes right now.
JUDGE HENNEKE: We're adjourned.
!Commissioners Court adjourned at 11:17 a.m.)
-i,,-
101
1
2
3
4
5
5
7
8
9
10
11
12
13
19G
1J/
1 U
1~
1 []
19
20
21
~3
24
25
STATE OF TEXAS
COONTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my rapacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 13th day of June, 2002.
JANNETT PIE PER, Kerr County Clerk
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
h-. ~- ~_
DRDE=R NU. c7579
Cl_RIIhS RND RCCOUNI"S
On this the i0th day of 7~_ine 2N~c, came to be considered by
the Ca~_rrt vario~_{s Commissioners precincts, which paid Claims
and Rcco~_ints ai°e:
1(~--General for 315U,~.JLGJ; i4--Fire F'roter_tivn for 3i 1,`3Ni.65;
15--Road R Bridge fvr i;-]i,3`3~.06; 18--Co~.uity Law Library for
33,078.75; 19-F'~_i61ic Library for° 331,431.33; ~'_~-J~-ivenile Stai;e
Rid Fund for- 33,c'F::.50; c7-Suv Intensive Pr°oy-State Rid Fund
for 3315.00; 50-Indigent Health Care fvr 31E;,911.78;
?0-Permanent Improvemenrt~ for 3335.84; 83-State F~_mded--~l6th
Dist Rttorney for 3o, J1 l.JJ; BE--State F=~_{nded--~l6th Dist F'roh
for• 3i,9'~i.8i; 87-State F"uncled Community Corr°ectians for-
,-.
34,400.01
TOTRL_ CRSH REG!UIRE_D 1=0R RLL F=UNDS: 330,331..31.
Upon motion made by Commissioner Baldwin, seconded by
Commissivner° Lets, the Co~_irt ~_inanimo~asly appr°vved by a vote
of 4--0--0, to p=ay said accounts.
ORDER N0. ~15I3Q~
s~ BUDGET AMENDMEN"( TN THE
DISI"I~ICT CLE=Rf:'S Of=1=ICE
On this the 10th day of J~"ine, c'2~05 ~"ipon motion made by
f"nmmissioner` Let z, seconded by Commissioner` Williams, the
Coi.irt unanimously approved by a vote of 3-0-~D, to transfer
~1,~85.00 from Line Item #10-450-1~A8 F'ar•t--Time Salaryg
3Sk?x.00 from Line Item #10-4`i~i-4JEe Machine Repair; ScO0.00
from Line Item No. 10--450-499 Miscelleo~"~s all to Line 'Item No.
10-45~-309 Postage and to tr•ansfer• X383.36 i'r-om Line Item No.
10-450-31~ Office Supplies to Line Ttem No. 10-450--41E
Microfilm records in the District L'lerk's office. The Co~_mty
Treasurer and County A~"editor are a~_ithorized to write a hand
check in the amount of '~1,000.0~ made payable to the United
'1 States Postal Service from Line Item 10--45N"-309 Postage.
ORDER NQ. c7:~81
RUDGE'f RMENDMENT TN
COUNTY CpUR7 @ LRW RND
COUN"fY COURT
On this the 1~i;h day of June, c0~~- ~_rpon motion made by
Commissioner Raldwirr, ser_onded by Commissioner Let z, the Co~_{r•t
i_rnanimo~_rsly approved by a vote of 3-0-Q~, to tr-ansfer• ~1,740.~~D
from Line Item No. 1V~-4C6-41~c Count Rppointed Rttorney to Line
Item No. iQ~-4~7-%+Nr Co~_~rt Rppointed Rttorney in Co~_mty Co~_rr-t @
Law and Co~_mty Court.
ORDER NO. c75f.32
BUDGET AMENDMENT IN COURT COL.LEC-(IUN5
On this the i0th day of J~.ine, '2~G2 ~_tpon motion made by
Commissioner Williams, seconded by Coinmissioner• Let z, the
Court unanimously approved by a vote of 3-Q~-0, to transfer
3c:;9.44 from Line Item No. 10--429-314 Credit Reports with
4'200.N~ to go to Line Item No. 10-429-31~ Office S~-ipplies and
with 439.44 to go to Line Item Na. iG--429--315 Rooks,
F'~_iblications, D~_~es in Coy-u-t Collections.
URDER NU. ~75t33
BUDGET RMENDMF_-NT IN SUS'1"ICE OF THE F'ERCE #1
On this the 10th day of J~-ine cON~, i_ipon motion made 6y
Commissioner Baldwin, seconded 6y Coniniissioner Williams, the
Court unanimously approved by a vote of 3-0-0, to transfer
390.37 from Line Item No. 10--455--4c0 Telephone and to transfer
37.54 from Line Item No. 10-45:,-499 Niscellaneo~-is to Line
Item No. 10-45~--310 Uffice S~-applies in .I~astice of the peace
#1.
ORDER IVO. X7584
8UD6E"f RMENDMENT IN THE
198TH DISTRICT COURT RND "fl-iE X161"i-i DIS1"RICT COURT
On this the 10th clay of J~.~ne :_00c, ~_ipon motion made by
Commissioner- Paldwin, seconded by Commissioner- Williams, the
Court unanimously approved by a vote of 3-0-0, to tr-ansfer•
i;8,C88.8i f-'r•om Line Ttem No. 10--436-40~ Co~_irt Rppointed
Rttorney with 87,498.60 to Line Item No. 10-43-40C Co~_irt
Rppointed Rttorney; with 8440.00 to Line Item Na. 10-43~-401
Court Rppointed Services; with 8336.5 to Line Nn. 10-435--497
Co~_ir•t "fr•anscr•ipts;with 814.06 to Line Nn. 1k'1--436-315 Hooks,
F'~_~blicatinns, d~_ies in the 198th District Court and the 16th
District Co~_mt.
OI:DE:R IVO. ~ %Jf3J
DCLGRI~E RtJ EI'~1ERGEPJCY' taND
~h1ElUD l-F'IL HUDGET IIV
LaW LIHRt~RY
[]r~ this tF~e iQ~th day of Jur'~e LQi~~, ~_rpon motion made by
C:omrnissior-~c•r~ Williams, seconded by Commissioner Lett, thc•
Gc:..rrt i_rnanimously approved by a vote of 3-0-0, to declare are
emerycr-icy tc ~.mer~d the b~_rdyet by t1,~b01.53 Fr-om F'IJPJD #it3
S~-rrpl~_rs Reserve f'~_rnd halancc• to Line Item no. 18'--v;,0-J9~
Hooks in Law L:ibi^ar'y.

ORUEF2 N0. ~"TSEiE
BUDGET RMENDMENT IN
JUSTICE OF THL F'EACE #3
On this the i0th day of June 'c00c, upon motion made by
Commissioner- Betz, seconded by Commissioner Ealdwin, the Court
unanimously approved by a vote of ?~-0-0, to transfer X1,000.00
to L"ine Item No. 10--457--108 F'ar•t-time Salary with X500.00 to
come from Line Item No. 10-457--450 Equipment maintenance and
with X500.00 From Line Item No. 10-457-3i0 Office supplies in
Justice o'F the F'eace #3.
,~--
Of2DER IVO, c7S87
RF'F'ROVRL Of= LATE RILL
TO F'ATRICTR HARRIS
On this the 10th day of J~_ine 8~0E, ~_rpon motion made by
Commissioner Williams, seconded by Commissioner Leta, the
Co~_ir•t unanimously approved by a vote of ~-0-0, to pay late
bill ire the amount of X45.89 from Line Item I~lo. 10--573-4L6 and
to authors-ve the Co~_inty Treasurer and Co~_inty R~_iditor to wi°ite
a hand check in the amount of $4.89 made payable to F'atr-icia
tiar-r i s .

o~DER No. ~~~sa
RF'F'ROVRL Or l_RTE BILL
TO TEXRS TECH UNIVERSITY
On this the 10th day of June c00E~ ~_~pon rtiotion made by
Commissioner Baldwin, seconded 6y Commissioner Let-~9 the Co~_ir•t
unanimously apps^oved by a vote of 3-0-0, to pay late bill in
the amo~_int of 3150.00 from Line Item No. 10--450-4a5 anti to
au~thor•i-~e the Co~_mty Treasurer and County R~_rditor to write a
hand check in the amo~.int of 3150.00 made payable to Texas Tech
University.
ORDER ND. :.7589
AF'F'ROVAL_ OF LATE RILL
i--~ TD H01_IDAY INN F'ARK 1='LAZA
On this the 1~th day of June c00c, upon motion made by
Commissioner- Let<, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 3-Q~-0, to pay late
bill in the amount of X189.84 from Line Item No. 1k-45D--485
and to authorize the County Treasurer and County Auditor i;o
write a hand check in the amount of ~i89.84 macle payable to
Holiday Inn F'ar~k F'laza.
r
ORDER N0. c'7590
AP'P'ROVAL OF LRTE L'ILL
.-~ TO -fI-IE 19EiTH DISTRICT ATTORNk_Y OFFTCE
On this the lk'~th clay of June E4?~OC, upon motion made by
Commissioner Let~~ ser_onded by Commissioner Williams, the
Coy-irt unanimously approved by a vote of 3-0-Q~, to pay late
bill in the amo~-irit of 89CE.00 from Line Ttem No. 10--43E-41t
and to a~-ithori'~e the County Treasurer and Coy-mty Auditor to
write a hand check in the amo~-int of 8936.0 made payable to
19f3th District Attorney for reimb~_irsement of airfare expense
and advance for witness expense on Ca~.ise #RQc--107 tWeimer).

OF2DER N0. X75'31
Rp'pROVE TO ACCEPT MINUTES
AND WAIVE READING
On this the 10th day of J~_me c~~c, upon motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Co~.u•t unanimously approved by a vote of 3-~-4~, waived reading
and approve tYie following minutesg Derr County Commissioners'
Court Regular Session, Monday, May 13, c~h~_ - 9 AM, I:err
County Commissioners' Court Special Session Tuesday, May '~f},
cOVN'~ -- cp'Mg N.err Co~_mty Commissioners' Court Special Session,
Tuesday, May ~8, ~00c -- 6:30 pm.

ORDER NCI. ::759
RE'P'ROVE AND RCCCP'T h10NTHl_Y I~EP'ORTS
On thi~a the 10Th day of .Dane C~3~, upon motion made by
Commissioner Baldwin, seconded by Comniissioner• Let z, the Co~ar•t
unanimously approved by a vote of ~-0-0, t-o accept t-he
following reports and direct that they be filed with 'L'he
Co~_mty Clerk for future audit.
Robert Tench, S~astice of Peace #3
May 200 Report
Sanne'tt Pieper, County Clerk
Trust F-und Monthly Report
.~-~
.~~^
ORDER NO. X759,;
AF'pROVRL OF= SETTING WDRI;SFiDF'
FOR SHERIFF'S DEF'RRTh1ENT LONG RRNGE PI_RN
..-. Dn this the 10th day of J~.n're 200.', ~_rpon motion made by
Commissioner Raldwin9 seconded by Commissioner Letz9 the Court
unanimously approved by a vote of 3-0-09 to set a workshop
for Sheriff's Department Lang Range Flan for J~_me 179 2002 at
1 pm at the I;err' Co~_mty Law Enforcement Center.

ORDEI~ N0. c7;~94
.~ RF'F'ROVRL OF TFIE TEXRS DEF'RR-fMEN"f OF=
-fRRNSF'ORTRTION RIRF'ORT PROJECT F'RI'~TICIF'RTION RGRCENENT
FOR ENGINEERING SERVICES
On this the 1~th da.y of J~-tne cG~c, upon motion made by
Comrtiissioner Let z, seconded 6y Cnmmissiorrer• Williams, the
Court unanimously approved by a vote of 3-0-0, the Texas
Department of Transportation Rirpor•t F'ro.jer_t Participation
Ryr•eeinent for- Engineering Ser-vices for• Capital Improvement
F'ro.ject at Rirport and authorize the Coi.re~ty Judye and Coy-mty
Rttor•ney to sign same.
,~-.
oRDF_R Nn, ~7J'3J
AF'F'RUVRL TU RLLUW "fHE
I:ERF2 COUNTY MART{El" RSSUCIATIUN TU I-IULD A
"FRRMERS MRRN.ET"
On this the lath day of June cP1~Zicy upon motion made by
Commissioner Baldwin, seconded 6y Commissioner Let z, the Cap"u-t
unanimously approved by a vote of 3-Q~-0, granting per•inission
to the I•:err County Market Rssociation to hold a farmers market
on the Courthouse Square as presentErd through the end of
calendar year EOiZr'c'~ subject to the execution of an acceptable
agreement between the Commissioners' Court and the F:err Goy"mty
Mar•Itet Association.
ORDER N0. 'c7596
RF'F'ROVAL OF CLOSING, RPANDONINO, RND VACRTINO R PORTION
OF LARRY LANES F'CT. ~#1
On this the 1Nth day of Ji_me cl~l~c, ~_ipon motion made by
Commissiuner^ Baldwin, seconded by Commissioner Lets, the Coi_trt
unanimously approved by a vote of ,s-0-0, the application to
close, abandon and vacate that portion of Larry Lane in
F'r•ecinct #1 in I.errville South Ranches No. Two cas described in
the application contained in tF~e Coi_irt's agenda book.

ORDER NO. c7597
AP'P'ROVAL OF AllOP'TIN6 REVISED
I:ERR COUNTY SUBDIVISION RULES AND REGULATIONS
On this the lath day of ,7~_u~e c~0c:, ~_~pon motion made by
Commissioner Let's, seconded by Commissioner Williams, the
Court unanimo~_isly approved by a vote of 3-~-~, the revised
t'.err Co~_inty Subdivision Rules and Rey~_~latiuns as amended
in Commissioners' Co~.irt on S~_reie 1N, ~~D~~.
ORDER ND. X75':38
,..., RE'P'ROVE DF' SETTING DATE F-DR JOINT
E3UDGET PIEETING WITN
KERRVILI.E CITY COUNCIL
On this the 1Dth day of June i_~0c:y ~_tpon motion made by
Comm:issioner• Let~9 seconded by Commissioner Baldwiha the Court
unanimously approved 6y a vote of 3-Qa-0, set a joint b~_idget
meeting with the N,errville City Council for J~_iIy 1@th c'0Dc
at 4 pm in the City of Kerrville Co~.~ncil Chamber.

OF2DCR N0. ::7:;99
RllOF'"PION OF FY 0c/03
Bl1BGF_T WDRI{SNOF=' SCF9f~DiJLE
Clri this the 10th day of June '~00c, upon motion made by
Commissioner Williamsg seconded by Commi>sioner Baldwin' tl~e
Court unanimously approved by a vote of ~-0-0, to adopt the
Padget Workshop 8ct~edule for FY 0.=I03.