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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, September 9, 2002
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
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PRESENT: FREDERICK L. HENNEKE, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
,JONATHAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN, Commissioner Pct. 4
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2
I N D E X
September 9, 2002
PAGE
--- Commissioners Comments 4
1.1 Pay Bills ;;772' 10
1 . 2 Budget Amendments ~ 77~?7-- '3 7738 11
1.3 Late Bills ;~77Ha, „J77u/~ a'77Y~ 23
1.4 Approve and Accept Monthly Reports vf7T/3 26
2.14 Discuss extension of current burn barn until
	October 14, 2002 ~'JJy~/	27
2.1	Resolution in support of Upper Guadalupe River	
	Authority ~'J7yq	28, 67
2.9	PUBLIC HEARING on proposed Kerr County budget	
	for FY '02/'03	3g
2.10	Set September 23, 2002, at 10:15 a.m., in the	
	Y:err County Commissioners Courtroom for adoption	
	of FY ' 02/' 03 budget d77~,!5'	92
2.2	Approval and execution of Texas Workforce	
	Commission Child Care Local Initiative Agreement	
	Amendment Number 2002000000, Program 08220C03~'77d~93
2.3	Request for variance for replatting of Lot 49 in	
	Kerrville Country Estates	45
2.4	Request by City of Ingram that Kerr County	
	quitclaim its interest in Indian Creek Dam to	
		y7
	City of Ingram, contribute $17,500 for repairsa77	55
2.11	PUBLIC HEARING on proposed Kerr County tax rate	
	for FY 02-03	h5
2.12	Set September 23, 2002, at 10:30 a.m. in the Kerr	
	County Commissioners Courtroom for adoption of	
	FY 02-03 tax rate a%7~8	66
2.5	Approve Interlocal Agreement for Mental Health/	
	Mental Retardation and Chemical Dependency	
	commitment hearings and psychoactive medication	
	hearings at Kerrville State Hospital - ~~77So	94
2.6	Request for approval of two reclassified and two	
	combined job descriptions ;{7J,5/	100
2.7	Request new hire in Tax Assessor/Collector's	
	office at a 12/3 instead of new 12/1 ,~7j>.,Z	109
2.8	Discuss job description for the address	
	coordinator for Kerr County, a part-time	
	position, and process for hiring individual: J~~~	105
2.13	Adoption of FY '02/'03 tax rate for Lake Ingram	
	Estates Road District '~
~~776`~	
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---	Adjourned	109
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On Monday, September 9, 2002, at 9:00 a.m., a regular
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE HENNEKE: Good morning, everyone. If
we could come to attention, please? First of a11, we'll
call to order this regular special session of the Kerr
County Commissioners Court. In light of the attendance this
morning and the interest in the contract on child care
management, Brenda Chapman -- where are you, Brenda?
(Laughter.)
JUDGE HENNEKE: We're going to relocate
upstairs to District Courtroom Number L. So, if y'a11 will
just orderly proceed up the stairs or through the elevator,
take a seat in District Court Number 2, we will convene up
there.
(Commissioners Court moved to District Courtroom 2.1
JUDGE HENNEKE: Okay. Thank y'all for that
orderly -- I won't call it a retreat; I'll call it
relocation. We'll go ahead now and begin this regular
special session of the Kerr County Commissioners Court.
Commissioner Williams?
CUMMI55IGNER WILLIAMS: Will you please rise
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and join me in prayer and the pledge of allegiance to the
flag?
(Prayer and pledge of allegiance.)
JUDGE HENNEKE: Thank you, Commissioner. 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? Once
again, is there any citizen who would like to address the
Court on an item not listed on the regular agenda? Seeing
none, we'll turn to the Commissioners' comments. We'll
start with Commissioner Williams.
COMMISSIONER WILLIAMS: I'm cool this
morning, Judge. Let's be about our business.
JUDGE HENNEKE: Commissioner Letz?
COMMISSIONER LETZ: I have a few things
that -- I handed out copies of these to the Commissioners
and the Judge. Most of them are related to regional water
planning. The population projections have been, 1 guess,
finalized in the first step, and Kerr County got hit real
bad. It makes nu sense, but the population predictions from
the Water Development Board now show -- and these are the
State's official numbers -- show our current population of
43,653, which is accurate; it rises to 57,000 in 2030, and
then starts falling to 99,000 by 2060. There's two -- these
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are drastically different than the ones that are
currently -- or were ar_repted by the Water Development Board
and the State recently. They had our population at ?060 at
about 90,000, so they've almost cut the projection in half.
We're not sure exactly what happened with that, but the
consequences are pretty substantial.
We had a regional water planning meeting last
week, and some members felt that, oh, it's not that big a
deal; we can adjust them in the future. But my position
is -- I feel very strongly about this -- that if we show our
population trailing off, it's going to make receiving and
obtaining state funding and federal funding for projects
almost impossible, not to mention any large infrastructure
projects by the City or any other entity. The bond -- the
bonding or bond indebtedness of that will probably be
somewhat in jeopardy, because it looks like there's a
potential that there's no need for these infrastructure
improvements long-term.
so, anyway, the way it works, it's up to --
since Kerr County is the only county in our region that
ended up with a bad projection and unrealistic, it's up to
the entities in Kerr County to appeal this. It's been done
in the past. We're somewhat used to it because of our
demographics,	although	we'	ve never	had	it	quite	as bad as it
showed up this	year.	But,	between	now	and	the -	- really,
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about the -- I think about the 1st of December,
realistically, the entities that need to he involved is
primarily the County and the City of Kerrville, and need to
aet together and pool our resources and go back to the
various other entities, public and private, and put together
an appeal, because I think the ramifications are pretty
severe.
Also, I handed out a copy of the Regional
Water Plan Scope of Work, a summary of what we'll be working
on the nest five years, just for informational purposes.
You can see the majority of the money we plan to spend are
going to be on strategies and water supply evaluations.
Also, there's some money earmarked for monitor wells.
Thar's already in the works to go through Springhills in
Bandera and Headwaters here in Kerr County. And then
there's a map that I handed out, which is not labeled, but
that is the -- the newest version of the groundwater
management areas that were - that are being developed by°
the State. And you may recall that we had been lumped into
a region with San Antonio and basically the Edwards Aquifer.
They have revised that now, and basically the Priority
Groundwater Management Area, known as PGMA, for the Hi11
Country remained intact, and -- which basically puts us in a
muci~ smaller area, which is preferable.
'f here is some disr_,ission amongst the regional
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group that we may still appeal this map and try to get
thrcwn in with -- it's called Zone 7, which is the -- the
Edwards area out to the west. And the logic behind that is,
while we get our groundwater currently -- most of our
groundwater currently from the Trinity, and the map shows
that, the recharge for the Trinity comes out of the area to
the west and to the north, and it would be nice to be in
that area so we could look at some long-range planning and
long-term effects of the Trinity -- of the Trinity. Plus
the water quantity, it appears there's probably more water
in Kerr county out of the Edwards Trinity to the west, as
opposed to the to the Trinity. So, there's an argument to
be made to move us -- shift us further to region 7 or Zone
7, and it's left -- the regional planning group is still
debating that. And I've been directed, as chair, to write a
letter, iY we can come to a consensus as to what we want,
whether we stay where we are or move a little bit more to
the west. But we are certainly better off than we were
before, in my opinion,
And the last thing I have is the -- this is
more information for the Court, but I guess for the public
as well. The L.C.R.A. grant has been kind of in limbo for a
while on Flat Rock Park -- 7~'lat Rock Lake Park. I talked to
Mrs. Gcr.zales. It appears by her e-mail -- I think that
confirms that the moneys are still available, and Lhey will
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process the ore -- the amount that's -- I guess the invoice
that they have pending, as soon as we -- which i presume is
going to be I -- complete the quarterly report. I guess
since the program started and where it is now, they have
added quarterly reporting, which we did not have before, so
obviously did not submit it before, and that's why the
funding is currently held up. Had to find out what the
problem is so we can correr_t it. That's a fairly simple
report. But, the balance of funds should be there, but,
Tommy, Z think I left a message for --
MR. TOMLINSON: Right here.
COMMISSIONER LETZ: I mentioned to Mindy that
those funds need to be carried over into next year's budget.
That's all I have.
JUDGE HENNEKE: All right. Commissioner
Griffin?
COMMISSIONER GRIFFIN: No comment this
morning.
DODGE HENNEKE: Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir, I have one.
If anybody has any liking for high school football at a11,
you missed one Friday night in the Alamodome against SA John
Jay. Our Tivy Antlers won the thing 17 to 14. One of
Mrs. Laeerder's exchange students kicked a field goal for
the beginning score, and that was exciting. And right at
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the end of the game, it looked like John Jay was going to
drive down there and beat us, and we held them off and shook
the ball from them, and got it on the Tumble, ran the clock
out. Hence the words, "Tivy fight never dies." But this --
it was great. It was a great football game. It was a great
football game. This Friday we go to San Angelo against the
Lakeview Chiefs. So, 'Tivy keeps moving on; we're duiiig a
good job, ha~~e a great bunch of kids. And that's all.
CUMM155IUNER LETZ: Don't you have a
granddaughter out in the San Angelo area? Is your
allegiance going to be a little bit divided ui, this?
COMMISSIONER BALDWIN: My allegiances are not
divided. We have blue and gold wat_eL in our commode at
home.
(Laughter.)
COMMISSIONER WILLIAMS: I can understand the
gold. Where'd you get Lhe blue?
COMMISSIONER BALDWIN: It's tough. Wasn't an
easy thing to do.
DODGE HENNEKE: I think we'll let that one
go.
(Discussion off the record.)
JIIDGE HENNEKE: Are there any jurors here for
,justice of the Peace -- Justice of the Peace, Precinct 1?
You all are in Lhe wrong courtroom; you need to go to
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Courtroom Number 1. Is there anyone here who is called for
jury duty for Justice of the Peace, Precinct 1?
(No response.)
MS. O'DELL: Okay, thank you.
JUDGE HENNEKE: Okay. All right. Anything
else, Commissioners?
COMMISSIONER BALDWIN: That's all.
JUDGE HENNEKE: All right. As we -- as we
approach the anniversary of the tragedy of last
September 11th, there are several events scheduled here in
the r_our.ty for Wednesday, the anniversary of that date. I
want to remind everyone that there will be a memorial
service here at the courthouse beginning at S o'clock in the
mrrning, conducted by the Partners in Ministry organization
and pastor Bill Blackburn. In addition to that, 1 know
there are a number of activities at various churches and
venues throughout the county on that date, and I think it
speaks well of us that we pause in our activities to
remember what happened to our nation and our triends and our
neighbors and our colleagues on that date, and I ask you all
to hold the nation and those that mourn and those that serve
in your hearts and prayers constantly, and particularly on
this Wednesday, September 11th. So, with that, let's go on
about our regular business, and we'll begin by paying some
bills. Mr. Auditor? Does anyone have any questions or
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comments about the bills as recommended and presented by the
Auditor?
COMMISSIONER BALDWIN: Judge, I move that we
pay our bills.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
authorice payment of the bills as presented and recommended
by the Auditor. Any questions or comments? If not, all in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Budget
amendments. Budget Amendment Number 1 is for
Nondepartmental.
MR. TOMLINSON: For Nondepartmental, I'm
requestinq the following: Transfer $391.76 from
Contingency, $538.90 from Independent Audit line item, and
$760 from Liability Insurance line item, and transfer that
total of $1,690.66 to Mainframe Maintenance.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court approve
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Budget Amendment Request Number 1. 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. Number 2 is
for J.P. 1.
MR. TOMLINSON: This request is from Judge
Elliott to transfer $17.43 from the Telephone line item to
Office Supplies in his budget.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
approve Budget Amendment Request Number 2. 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. Number 3 is
for the District Courts.
MR. TOMLINSON: This -- this request from the
District Courts is to transfer $273 from Conferences from
the 198th court, $48 from Conferences in the 216th court,
transfer the $48 to Books, Publications, and Dues for the
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216th court, and $273 ro Books, Publications, and Dues for
the 198th court.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
approve Budget Amendment Request Number 3. 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. Number 4 is
for the Courthouse and Related Buildings.
MR. TOMLINSON: This request is from Glenn
Holeicamp. This request is to transfer $2,132.63 from
Leasehold Improvements to the Trash Service for -- for the
Courthouse and Related Buildings.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court approve
Budget Amendment Request Number 4. Any questions or
comments It not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
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~No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 5 is for County Court at Law.
MR. TOMLINSON: This request is to pay bills
totaling $3,549 for court-appointed attorneys in the County
Court at Law. Currently, there is no funds in that budget
to pay these, so I'm recommending that we declare an
emergency and pay these bills from surplus in the General
Fund.
COMMISSIONER LETZ: Tommy, can we not take
that out of Leasehold Improvements in Maintenance -- or
Courthouse and Related Buildings? I just would rather
deplete what we can, find some areas where we have -- that
show there is unexpended -- there's $12,000 in that line
item in the previous amendment. We just used a little over
$2,000, so there should be about $10,000 left in that item,
and I don't see that any leasehold improvements are going to
be done in the next week or two.
MR. TOMLINSON: The only leasehold
improvements we have that we're responsible for is for the
-- the property that's -- that we leased for Adult
Probation, so I don't see anything, but you never know
what will come up. So --
COMMISSIONER GRIFFIN: I would be in favor of
that as well. We can always -- if something comes up in the
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other one, we can always declare the emergency when we have
to.
COMMISSIONER BALDWIN: Is there enough in
there to --
COMMISSIONER LETZ: There's about $10,000.
MR. TOMLINSON: There is.
COMMISSIONER LETZ: We're going to run out
before we're done today.
COMMISSIONER WILLIAMS: Did we not just
receive a grant from the State for this purpose?
MR. TOMLINSON: For what?
COMMISSIONER WILLIAMS: Court-appointed
attorneys.
MR. TOMLINSON: We don't have the funds yet.
COMMISSIONER WILLIAMS: Don't have it, okay.
JUDGE HENNEKE: Do I have a motion?
COMMISSIONER LETZ: I move approval of the
amendment, request that the funds come from Leasehold
Improvements, Line Item 10-510-470.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court approve
Budget Amendment kec]uest Number 5, with the Tunds for that
item to come from Expense Code 10-510-470. Questions or
comments: If not, all in favor, raise your right hand.
y- ~-
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(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 5 is for County Court.
MR. TOMLINSON: Okay. This -- this amendment
is for $925. It's also for the payment of court-appointed
attorneys for the County Court. Do we want to -- is that
the request for -- for this amendment as well?
COMMISSIONER LETZ: Yeah, I'll make a motion
that we take -- approve the amendment, with funds to come
from Fund 1n-510-970.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve
Budget Amendment Request Number 6, with the funds for that
amendment to come from Expense Code 10-510-470. 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 7 is from -- is for J.P. 2.
MR. TOMLINSON: This request is from Judge
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Wright. Her request is to transfer $390 from Conferences to
Software Maintenance; also to transfer $229.18 in
Miscellaneous, $200 from Machine Repairs, and to transfer
those two amounts, totaling $429.18 to Office Supplies.
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 /. 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.
COMMISSIONER BALDWIN: Judge, wait a minute,
I do want to make a comment. $430 for office supplies, with
two weeks left in our budget -- three weeks left in the
budget? $930 for office supplies?
COMMISSIONER LETZ: I have a guess; what
she's doing is she wants to spend it out of this year -- use
this year's money.
COMMISSIONER BALDWIN: Well, that's terrible
budgeting. That's terrible government, terrible business.
MR. TOMLINSON: We11, I have a bill for that
-- for almost that amount.
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COMMISSIONER BALDWIN: Okay.
JUDGE HENNEKE: Budget Amendment Request
Number 8 is for the District Courts.
MR. TOMLINSON: Okay. This request is to pay
bills totaling $2,657 for the court-appointed attorneys for
the 216th court, $1,550 for court-appointed services for the
198th court, $1,391.90 for court-appointed attorneys for the
198th court, $10,196.88 for court-appointed attorneys for
the -- for the latest capital murder rase we had. This
totals $15,745.78.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Too much money this time.
MR. TOMLINSON: Yes.
COMMISSIONER GRIFFIN: I'll second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Griffin, that the Court
declare an emergency, approve Budget Amendment xequest
Number 8, and transfer a total of $15,745.78 from Fund 10,
surplus fund balance, to the various expense codes for the
District Courts. Questions or comments? If not, all in
favor, raise your right hand.
IThe motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
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Amendment Number 9 for the Sheriff's Department.
MR. TOMLINSON: Actually, this -- this
amendment is for both the County Jail and the Sheriff's
Department. This is a request from the Sheriff to transfer
51,502.62 from Deputy Salaries in the Sheriff's Office,
$420.76 from Part-Time Salaries at the jail, $1,000 from
Clerk Salary line item in the jail, $4,368.43 from the
Nurse's Salary line item in the jail, $12,500 from Jailer
Salaries. Of that, $18,179.29 is transferred into Prisoner
Medical, $109.90 is Employee Medical Exams, $749.99 to
I vehicle Repairs and Maintenance, $75 .63 to Lease Copier.
And I do have bills in-hand for the $18,198.69 prisoner
medical bills.
COMMISSIONER WILLIAMS: Is this an
accumulation of expenses over a period of time, or just for
the last period?
MR. TOMLINSON: We pay those as they come in.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER GRIFFIN: SerOnd.
DODGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Griffin, that the Court
approve Budget Amendment Request Number 9 for the County
Jail and the Sheriff's Department. questions or comments?
If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)

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JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Item Number
-- Budget Amendment Request Number 10 is for the Tax Office.
MR. TOMLINSON: This is a request from the
Tar, Collector to transfer $125 from Machine Repairs to her
Bonds and Insurance line item.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Baldwin, that the Court
approve Budget Amendment Request Number 10 for the Tax
Office. 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 11 is for the County Clerk's
office.
MR. TOMLINSON: This is a request from the
County Clerk to transfer $690.90 from Software Maintenance
to her Lease Copier line item.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER LETZ: Second.
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JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court approve
Budget Amendment Request Number 11. Questions or comments?
If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
DODGE HENNEKE: Motion carries.
COMMISSIONER LETZ: The question I have is --
it's really sort of a form question. Tommy, do all the
elected officials have this form available on the computer?
MR. TOMLINSON: No.
COMMISSIONER LETZ: Might be easier. That
way we only have one form we have to look at. Just -- I
mean, if people put different forms in --
MR. TOMLINSON: We usually do all the
amendments.
COMMISSIONER LETZ: You do most of them?
Okay.
JUDGE HENNEKE: Budget Amendment Request
Number 12 is for the Constable, Precinct 3.
MR. TOMLINSON: Okay. The constable's
request is to transfer $21 from Miscellaneous, S~'y.54 from
Telephone, $~ from Vehicle Insurance, to his Gasoline line
item.
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COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court approve
Budget Amendment Request Number 11. Any questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
DODGE HENNEKE: Motion carries. Any late
bills?
MR. TOMLINSON: I have an amendment that --
for Road and Bridge. It's not a -- a request to transfer
funds, but it's a request to change the Capital Outlay
schedule. They -- at August 31st, they had 511,978.28
remaining in their Capital Outlay line item. They have a
trailer that's -- that they're requesting to trade for -
for a 7500-pound-capacity trailer, new trailer. The new
trailer is -- the price on that is $1,500. The trade
they're going to get on the old trailer is $400, Their
request is to add the trailer Lo the list of Capital Outlay
and purchase the trailer.
COMMISSIONER BALDWIN: And the money's there?
MR.. TOMLINSON: Yes.
COMMISSIONER BALDWIN: I have no problem with
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that.
COMMISSIONER GRIFFIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court approve
an amendment to the Capital Outlay list for the Road and
Bridge Department to authorize the purchase of a trailer.
Any questions or comments?
COMMISSIONER BALDWIN: I just appreciate them
doing -- doing that and coming -- coming and doing it in the
proper way.
COMMISSIONER LETZ: The amount is $1,100?
MR. TCMLINSON: Is $1,100, yes. Leonard
asked me to do this for him because he was out and had to be
out in the field today, so that's why I'm here.
COMMISSIONER LETZ: Fixing our roads.
JUDGE HENNEKE: 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.
MR. TOMLINSUN: That's it.
JCIDGE HENNEKE: Do you have any late bills?
MR. '1'UMLINSON: Yes, I do.
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JUDGE HENNEKE: Okay.
MR. TOMLINSON: I have the ore late bill for
the Tax Collector, and it's for $8,000 for postage.
COMMISSIONER WILLIAMS: For what?
MR. TOMLINSON: Postage.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
authorize a late bill and a hand check in the amount of
$8,000 payable to the Kerrville Postmaster for postage for
the Tax Assessor/Collector's office. Any questions or
comments?
MS. NEMEC: Judge? On the hand check, it
says payable to the Tax Assessor, not to the Postmaster.
MS. RECTOR: Right. I write that out of my
general account to the Post Office, and then reimburse --
DODGE HENNEKE: Okay. So, the -- all right.
So, the check will be made payable to the Tax
Assessor/Collector. Thank you for that correction. All in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(NO reSpOnSe.)
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JUDGE HENNEKE: Motion carries.
MR. TOMLINSON: Okay. The next one is to
Carrie Whitt for $91.20. It's a reimbursement for a
workshop at the Texas Association of Child Support
Registries.
COMMISSIONER BALUWIN: I move that we pay the
bill.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Griffin, that the Court
authorize a hand check and late bill in the amount of $91.20
payable to Carrie Whitt for expenses incurred in connection
with a Texas Association of Counties child support seminar.
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.)
JUUGE HENNEKE: Motion carries.
MR. TOMLINSON: Okay. The last one is from
Linda Decker for $1 5.73. It's for reimbursement for the
same workshop.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
DODGE HENNEKE: Motion by Commissioner
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Williams, second by Commissioner Baldwin, that the Court
authorize a late bill and hand check in the amount of
$125.?3 E.ayable to Linda Decker for expenses incurred in
connection with the Texas Association of Counties child
support seminar. 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. At this
time, I would entertain a motion to approve and accept the
monthly reports as presented.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER. LETZ: Second.
JUDGE HELSNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
and accept the monthly reports as presented. Any questions
or comments? If nvt, all in favor, raise your right hand.
li (The motion carried by unanimous vote.)
DODGE HENNEKE: A11 opposed, same sign.
(No response.)
DODGE HENNEKE: Motion carries. Gkay.
COMMISSIONER GRIr'FIN: Do we not have any
minutes to approva_?
JUDGE IIENNEFE: No, we do that the first
n a
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meeting. At this time, we'll move into the consideration
agenda. I will remind everyone that we have public hearings
scheduled for 10 o'clock this morning and 10:30. These are
required public hearings in connection with the budget
process, so wherever we are at 10 o'clock and at 10:30, we
o-aill stop and --
(Discussion off the record.)
JUDGE HENNEKE: -- we will stop and do that.
I have a request to mote up for consideration the item
involving the burn ban, which is IT_em Number 19. If there's
no objection, we'll take up Item Number 14 first, which is
to consider and discuss extension of the current burn ban
until October 14th, Year 2002. Is there anyone who would
like to speak to that issue?
COMP~7ISS1ONER LETZ: I'm not in favor of
extending it.
COMMISSIONER GRIFFIN: You're right. In
fact, what abeut -- what about canceling the one we've got?
Because that's going to run out anyway.
COMMISSIONER LETZ: I'll make a motion to
cancel the ~urrenL burn ban in effect.
COMMISSIONER GRIFFIN: I'll second that.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that we cancel, effective --
COMMISSIONER LETZ: Immediately.
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DODGE HENNI',KE: -- immediately, the burn ban
which is currently in place in Kerr County. Any questions
or comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
{No response.)
JUDGE HENNEKE: Motion carries. That burn
ban is history. Okay. First item for consideration, going
back to the regular ordeL cf business, is Item Number 1,
which is consider and discuss a resolution to support the
Upper Guadalupe P.iver Authar~ty. We've had a number of
people sign up to speak to this issue. We intend to let
everyone who wishes to speak to this issue do so. It is a
significant issue for the people of Kerr County, and we will
extend all ~,aurtesy to those who wish *_o speak. We expect
the carne from those who speak. I will not tolerate any
abuse. S will not taleratz any personal attacks, and I will
enforce that. Each speaker will have a maximum of three
minutes to speak, and that way we can move through this on
a -- on an efficient, but -- but important basis.
I put the resolution on the agenda. There's
been a lot of controversy in the community in recent weeks
about the U.G.R.A. One of the reasons I put the item on the
agenda was because representatives from Senator Fraser's
office and Representative Hilderbran's office had inquired
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as to what the position of the elected bodies in Kerr County
was with regard to the II.G.R.A., so I felt it was important
for us tc respond to the request from our state
representatives that we express our opinion on this issue.
There's been expressed the notion that it may not be timely
to consider such a resolution because there's no actual
legislation been proposed regarding this issue; however,
this is the time of year in the legislative cycle when
resolutions are being formulated, and they will be, within a
few weeks even, prefiled with the Legislature.
I think it's important for our legislators to
know how the elected bodies in this county feel about the
O.G.R.A. Once a bill gels filed, if such a bill should ever
This is net a
This is not a bill, should such a bill be
presented, that would be considered only based upon the
desires and merits and positions of people in Kerr County.
It is a bill that has much larger implications, and will be
subject to pressures and influence from far outside of Kerr
County, so I think it's important that before such a bill
ever sees the light_ of day, that Senator Fraser or
Representative Hilderbran know where the elected officials
in Kerr County stand on this issue. That's why I put it on
the agenda today. I think it's important we debate the
issue. I think it's important we take a position on the
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issues so that ouc other elected officials will know where
My intent is to call speakers, alternate pro
and con. I have a number that have signed up. If anyone
wishes to speak who's not signed up, they may sign up or
they may come forwazd and do so at the appropriate time,
give your name, address, and state your position. Again, I
ask that you do so respectfully. Public discourse is best
conducted when you do ir_ with respect and with attention to
the merits of the issue. The higher we can elevate the
public discourse, the better we can make a decision and the
better off we are for that process. So, I urge all of you
to keep your comments to the issues, and not to indulge in
any personal retribution or abusive comments, which I will
not hesitate to prevent. Should you get out of line, I
will, if 7 have to, have yuu removed from the courthouse. I
haven't had to do that yet. There have been several
occasions in the -- in the court proceedings where I've had
to remind people of that obligation, and they've always
responded appropriately. I'm certain that we won't have any
trouble today, but I just wanted to let everyone know that I
expect a high and polite and respect_`ul level of discussion
over the issue today.
Go, with that, we'li turn to the people who
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have started out. We'11 start with those in favor of the
resolution. Mr. Jack Furman.
MR. FURMAN: Morning, gentlemen. I'm Jack
Furman, 148 -- 141 St. Andrews Loop; I don't know my own
address. 1 come to speak in favor of U.G.R.A., not because
I think it's a perfect organization, not because I think
they've always done everything right, but l know that
everything hasn't been done wrong. And I know that a great
deal of good has been done for the community by U.G.R.A.
There's been some complaint about the taxing authority. The
ci~_izens of Kerr County voted to permit U.G.R.A. to tax. My
recollection is that the limit established by the
Legislature was 50 cents per hundred. The citizens of Kerr
County voted Eor a nickel per hundred, overwhelmingly, more
than 5- w-1. Since that time, U.G.R.A. has been
instrumental in removing the dependence of much of the water
users in Kerr County from underground water, and because of
that, the Trinity Aquifer water level has risen
tremendously. O.G.R.A. currently has a permit that, if it
can be utilized, will even more so lessen the requirement on
underground water, meaning there's more water for those
people who have to rely on underground water. I commend to
you that U.G. R.. A. has done, overall, a good job and that
they are very important to this community, and I fear
that I think it's unquestionable, 1 think it's

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unduubLable that, should U.G.R.A. disappear from the scene,
that instead we would have the Guadalupe Blanco River
Authority, because all the river authorities -- all the
rivers in Texas are governed by a river authority. I don't
think we want G.S.R.A. to be here where we would have little
to no representation and give up the nine local
representatives that we now have, where we have some
evidence -- some bit of local control. Thank you.
JUDGE HENNEKE: Thank you, Mr. Furman. Bill
Stacy.
MR. STACY: Thank you, gentlemen. I'm Bi11
Stacy, 1950-G Leslie Drive, ex-officio residence at 121
Stacy Lane in the county. Gentlemen, my father was on the
first board of directors of U.G.R.A., so I'm well aware of
what is done and done £or oui conuuunity. I speak to you now
as what is done do me, personally. I've had an application
in for a licensed system since May 22nd of this year, and
there's been no resolution. There's been a lot of
conversation, a lot of meetiiiys, but I'm the one that's
suffering financially, 'cause I would like to sell my house
with a licensed system. I have ttiLee other occasions of
going -- of being involved personally with U.G.R.A.
problems. One, I went to a budget meeting of U.G.R.A. and
was told that the people -- the public had no hearing on the
agenda and could not be heard. I knuw also of a U.G.R.A.

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employee that had a we L1 within 150 feet of a septic system,
and nothing was done. I know also that the Hunt Store was
in violation of the rules -- septic rules that I sat_ on the
Court and made, and nothing was done about those violations.
It has cost me time and money, and I have been talking and
talking. I've been -- had help from Joe -- um, Joe --
excuse me, last name is -- he's a director -- Aldrich of the
board.
COMMISSIONER BALDWIN: Armistead.
MR. STACY: Armistead, excuse me. And he's
been very helpful, but nothing has happened, and it's my
opinion that these people are here to help the people and
not block them. So, I'm still waiting for resolution cf my
problem, and I've had just a conversation with Mr. Brown,
and we talked about it just a while ago, so we're still
talking about it, but no resolution. I want to thank
Commissioner Griffin; he stepped up to the plate to help me,
and I appreciate his help. But the bottom line is, nothing
has been solved, and me personally -- it's cost me time,
money, and heartache. Thank you. And I'm against the
resolution uni_il these people get their act together.
JUDGE HENNEKE: Thank you, Mr. Stacy. Sandy
Fena.
MS. PENH: Good morning. At the risk cf
repeating some of what Mr. Furman has already said, the
~i9-112
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State of Texas owns all the rivers, and all of them are
its own single-county authority for U.G.R.A. All river
authorities in Texas have boards appointed by the governor,
usually with each county having one seat on a multi-member
board. Kerr County is lucky enough to have all nine of its
U.G.R.A, board members living and working here in Kerr
County. U.G.R.A. was created more than 60 years ago, and
has been an effective steward of the Guadalupe River for the
citizens of Kerr County. Nearly 4u years ago, the voters of
Kerr County did authorize U.G.R.A. to levy taxes in order to
fund ite programs and operations on behalf of its citizens.
Last year, my husband and I paid $21 in U.G.R.A. taxes, and
we would gladly pay much more than that in order to insure
that U.G.R.A. can continue to protect and preserve the
Guadalupe P.iver, and to develop programs for regional
surface water treatment, and for wastewater collection and
treatment programs.
Those who are trying to abolish U.G.R.A., I
believe, would be doing a great disservice to the citizens
of Kerr County. We all need to recognize that the Guadalupe
River is our most important natural and economic resource,
and that D.G. F.. A. is, in fact, our only local caretaker of
that resource. U.G.R.A. needs our support now more than
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ever. When you vote in favor of this resolution this
morning, you will be telling the citizens of Kerr County
that you support the mission of the rJ.G.R.A. And,
gentlemen, that is the right side of this issue to be on.
Thank you.
JUDGE HENNEKE: Thank you, Ms. Pena. Kitty
Cowden?
MS. COWDEN: Yes. My name is Kitty Cowden,
and I am the owner -- one of the owner/brokers of Remax here
in Kerrville. Our firm has closed over $25 million in sales
in the ]asL two years, so we are very, very, very close in
touch with septic transfers and the workings of the staff at
the U.G.R.A. First of all, I'd like to say I have no
particular animosity towards any board member or any staff
member. My concern, and -- and I'd also like to tell you
and remind you that I have absolutely nothing to gain and
probably more to lose from standing up and speaking, but I
do feel like the citizens of Kerr County are being abused by
excessive red tape and excessive fees imposed by the
transfer process. And all I can say is, from what we have
seen of the U.G.R.A.'s operation, it is very unfair and
biased. I -- I just can't tell you how different it is to
be within -- within tkre view of so many -- especially
elderly retirees on fixed incomes, being charged er.orbitant
transfer fees. I mean, I'm always amazed, even -- even if
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it's a licensed system, the red tape and the constant
necessity of having to go back to the O.G.R.A, and go back
to ask for one more -- "Oh, well, we have to come out one
more time because we've aot to charge you S5~ for ene more
time," when it's around the block. I -- you know, I -- I'm
fifth generation Kerr County. I've been here a long time.
The river is very, very important to me, and it is not
against control of -- of protecting water control -- water
quality that mothers me. It's a core group who are imposing
unfair, unreasonable fees and red tape on the citizens of
Kerr County. Thank you.
(Applause.
DODGE HENNEKE: Is there anyone who would
like to speak in favor of the resolution? Please give us
yuux name and address, ma'am.
MS. WARDLAW: Good morning. Thank you. My
mine is Betty Wardlaw. I'm a citizen of the Center Point
area, and my husband Ken and I moved here about two years
ago fxum the Dallas area. We're owners of a bed and
breakfast inn, small inn on the Guadalupe River, and we are
also real estate brokers. 50, I'm speaking to you in favor
of U.G.R.A. I appreciate greatly the group of people who
have brought to the forefront some of the issues that have
been discussed by those who are against your resolution.
This is part of the democratic process that I am very proud
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to see going on, and I think they do raise some important
issues that need to be addressed. My concern is being sure
that we keep separate the way we enforce environmental
protection laws. And the -- the state and the federal
government have always been careful to place the enforcement
of those type of laws into an agency that is less
politically connected than some group like the Commissioners
Ccurt.
The group of folks who are against U.G.R.A.
seem to think that somehow your Commissioners Court will end
up with entor~ement of these rules, that we will not be
placed under another river authority, or that we were not --
that you all will be the ones who end up doing this, and I
personally think that will not happen. The State
Legislature will continue to provide someone who is a
separate authority to do those kinds of duties. So, I agree
with Ms. Pena, who said we are so lucky to have this group
in our county under our -- you know, people who are living
here, who are doing this kind of direction. I'd also like
to remind those who are against this resclution that it is
going Lu cost money to enforce these rules. We have to
enforce the protection of our rivers and our groundwater,
and it's going to take money to do that. Whether that money
is tared by -- or that dollar amount is decided on by
U.G.R.A. ur by some other group, it's still going to be a
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dollar amount that has to be paid, and it's likely that that
amount won't change if this -- these duties are given to
some other group.
There's been a lot of discussion about the
salary being paid to the director of U.G.R.A. I personally
feel that a person who knows a lot about water issues, who
is educated in that area, is a very valuable person. I
don't know what Mr. Brown's qualifications are, having not
been in the county very long, so I can't speak personally
for him, but I do feel that is an extremely important
position, and t_har_ someone who's highly educated and able to
keep us in the forefront of what's happening in water issues
is yuing to be a person who deserves a commiserate salary.
In closing, I would just like to say that I think there may
be those people who want to insert their personal issues
into what really is a huge community issue, and we need to
be careful to make sure that this is not a political impact,
but that we are making the decision based on what's best for
the community at large. Thank you.
JUDGE HENNEKE: Thank you, Ms. Wardlaw. At
this time, we're going to suspend consideration of this
agenda item because of the posted public hearings which I
made reference to earlier. After the second public hearing
at 10:30, we will resume consideration of this agenda item.
Pit this time, the Commissioners Court will go into recess
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and we will open a publir_ hearing on the proposed Kerr
County budget for Fiscal Year 2002-2003.
(The regular Commissioners Court meeting was
closed at 10:01 a.m., and a public hearing
was held in open court, as follows:)
Y O B L I C H E A R I N G
JUDGE HENNEKE: The proposed budget has been
uii file witki the Commissioners -- with the County Clerk's
office since last Thursday week, and was available for
review, aucJ I have a copy here in front of me. At this
time, is there anyone who would like to address the Court on
the issue oL the proposed Fiscal Year UZ-03 budget?
COMMISSIONER BALDWIN: I do, I do.
JUDGE HENNEKE: You're not the public. Once
again, is there any member of the public who would like to
address the Court ou the issue of the Fiscal Year 02-03
budget? Going once. Going twice. One more time, is there
anyone - any member uL the public who would like to address
t_he Court on the issue of the proposed Kerr County budget
for Fiscal Year 02-03? Mr. Thompsonl
MR. THOMPSON: Mr. Henneke, I'd like to ask a
question. I'm Richard. Thompson. I live at 3l56 Medina
Highway in Kerrville, and I would like to ask the
Commissioners Court, beoause I haven't seen the budget, what
percentage of the budget is legal fees, of the County
budget?
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DODGE HENNEKE: What -- I'm going to have to
ask you a couple questions, Mr. Thompson. Do you mean legal
fees that are paid to court-appointed attorneys, or legal
fees that the County has budgeted for use in other areas?
we've many different varieties of legal fees.
MR. THOMF'SON: What are the -- the two you --
two categories you gave will be satisfactory, sir.
JUDGE HENCdEKE: Okay. These are going to be
approximate numbers, if you'll accept those.
MR. THOMPSON: Surely.
JUDGE HENNEKE: In the budget, there is
budgeted for Commissioners Court Professional Services the
amount oL S25,000. That's out of a budget of approximately
17 million, 5. That's the money that the Commissioners
Court typically uses for attorney's fees that are not paid
by our insurance. For instance, our deductible on suits
that arise out of slip-and-falls or incidents at the jail.
In the courts that we have, we have probably about in the
neighborhood oL $300,000 allocated for attorney's fees for
court-appointed attorneys. These are for attorneys who are
appointed to represent indigents in criminal matters, or
attorneys who are appointed to represent the patients out at
the Kerrville State Hospital during the mental commitment
hearings, or attorneys who are appointed to represent
juveniles in juvenile court. So, again, that's a -- that's
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a rough sum of approximately $300,000, again, out of a
budget of 17, 5. And the Commissioners Court has allocated
professional services in the amount of $25,000, so it's a
grand total of $325,000.
MR. THOMPSON: Thank you very much, sir.
JUDGE HENNEKE: You're welcome, Mr. Thompson.
Would any other member of the public like to address the
Court on the issue of the proposed Kerr County budget for
Fiscal Year U2-U3? Mr. Thompson, obviously, that doesn't
include the cost of the County Attorney's office, which is
another approximately $~iSU,000, okay? I just didn't want
to -- didn't want to confuse you on that issue. And we --
we have to fund the County Attorney's office, and that
amount is probably another $35ii,000.
MR. '1'HOMPSUN: Sure. And, of course, the
State-mandated or federally-mandated attorneys for the
indigent is something which you can't avoid in ar.y r_ounty.
JUDGE HENNEKE: That's true.
MR. THOMPSON: As well as having the County
Attorney to prosecute those criminals.
JUDGE HENNEKE: I dust didn't want there to
be any misunderstanding. That also would be considered
attorney's fees.
MR. THOMPSON: But it's $600,000 out of
$17 million.
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JUDGE HENNEKE: Between -- about $650,000 to
$700,000, right. Okay.
MR. THOMPSON: Thank you, sir.
JUDGE HENNEKE: Any other questions
regarding -- or any other comments regarding the proposed FY
02-03 budget? Seeing none, we will close the public hearing
and return to the Commissioners Court meeting.
(The public hearing was concluded at 10:06
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE HENNEKE: The next item for
consideration is Item Number 10, which is to set a time of
10:15 a.m. on September 23rd, Year 2002, here in the Kerr
County Commissioners Courtroom for adoption of the FY 02-03
budget.
COMMISSIONER LETZ: So moved.
COMMISSIONER GRIFFIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Griffin, that the Court set the time
of 10:15 a.m. on September 23rd, Year 2002, in the Kerr
County Commissioners Courtroom for the action on adoption of
the FY '02-03 budget. Any questions or comments? If not,
all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
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(No response.)
JUDGE HENNEKE: Motion carries. Before we
take up the next public hearing, which is scheduled for
10:30, I would propose we move some of the other items.
COMMISSIONER BALDWIN: Yes.
JUDGE HENNEKE: Is that acceptable to
everyone?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE HENNEKE: Let's go to Item Number 2,
which is approval and execution of Texas Workforce
Commission Child Care Local Initiative Agreement Amendment
so-and-so, Program number so-and-so. Brenda Chapman.
MS. CHAPMAN: Morning.
JUDGE HENNEKE: Morning, Brenda.
MS. CHAPMAN: Appreciate all the interest in
child care issues that we have here today. This
agreement -- amendment is due to receipt of additional funds
that were not used in other areas of the state that we are
able to use that we drew -- were able to get for our
community, for our -- for Kerr County. The amount of time
has also been extended to use these funds until August 2003.
We currently Have 70 children on the initiative program.
These children have families who would rot have had the
subsidy assistance without this program. C.C.D.S., which is
Child Care Delivery Services, has been closed for new intake
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for the past year, and have not set any date of when they
will be open again for new intake, so this program is
definitely still needed. We -- this is an amendment of the
additional funds and extension of the time. We're also in
the process of pulling all our numbers together to do a new
contract, so we're trying to get as much money available
here in Kerr County to be able to assist the families. Do
you have any questions?
JUDGE HENNEKE: Anyone have questions of
Ms. Chapman?
COMMISSIONER WILLIAMS: So, the amount goes
up about $19,734, so that would take you to $68,000?
MS. CHAPMAN: I'es, sir.
COMMISSIONER WILLIAMS: Which will be spent
Lor people wkro need Lkiese Lunds in Kerr County only?
MS. CHAPMAN: Yes, sir.
COMMISSIONER WILLIAMS: That's correct?
Judge, I would move approval of execution of Texas Workforce
Commission Child Care Local Initiative Agxeenient Amendment
2002000000, Program 08220003.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Let', that the Court
approve the Texas Workforce Commission Child Care Local
Initiative Agreement amendment and authorize County Judge to
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sign the same. Any questions or comments? If not, all in
favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Thank you, Brenda.
MS. CHAPMAN: Thank you. Here's -- they need
three actual copies, so I can pick them up later.
JUDGE HENNEKE: Okay.
MS. CHAPMAN: Okay.
JUDGE HENNEKE: Item Number 3 is to consider
and discuss request for a variance for replattinq of Lot 99
in Kerrville Country Estates. Commissioner Baldwin'?
COMMISSIONER BALDWIN: Thank you. We want to
do this a little bit different. Generally, we have the
County Engineer's office get up and talk first, but I'm
going to ask Mr. Evans if he would come first and then our
County rep come and talk about it. If you'd come to the
podium, Mr. Evans, pleases
MR. EVANS: Thank you. My name is Von. Evans.
I live in Kerrville Country Estates. This is -- the point
of me being here is to ask for an exemption of a replat of
Lot 49, which is located in Kerrville Country Estates on
what is now Limestone Ridge, previously Mountain Laurel
Trail. If you look at Exhibit A there, you can see the
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exact location. Mr. Kenneth Scott, the owner of Lot 51, as
well as Lot 49 -- and they are adjacent properties -- and I,
who own Lot -- I own Lot 48, which is adjacent property
also, we have come to an agreement that we're going to
divide the property equally in order to maintain the
tranquility and integrity of our properties. The relief of
the -- of Lot 49 is such that it would be very, very
difficult for anyone to build anything on that property,
except very near to the road.
In buying this property, we -- we have, by
contract, agreed to leave the property as it is. Now, we
also have the first right of refusal, so if something were
to happen to him or something were to happen to me and our
wives decided to sell the property, then, of course, they
have the -- either one of us would have the first right of
refusal at that time. The -- the thing we're trying to do
is to avoid the time and the -- and the expense of a replat.
I've talked to Mr. Cowan of KPUB, and I have a written
statement here by him that says that replatting would be of
no consequence whatsoever; in his opinion, it wouldn't be
necessary in order for KPOB to provide the services to
either piece of property or to the property in total, which
of course will be upon the advent of the first right of
refusal.
1'he dimensions of the property are -- are
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restrictive, as indicated there in the Exhibit A, B, C, and
E. The easement -- we have no problem with easements.
Like, for instance, we split the property. We know by the
survey that there's going to be a-ine right down the
middle. Uur community restrictions, which are excellent,
says that each and every property has a 10-foot easement to
each side of the property line. We have no -- we have no
quarrel with that. If we replatted the property, you know,
and went through the expense of it all and then took
advantage of the first right of refusal, then another
replatting of the same property would be required again, so
we feel like that -- that it's really not necessary. The
reason that we have to -- to do this and to get the County's
consent is because I'm financing the property through the
Texas Veterans Land Act -- or Land Board, and they say that
you have to have a statement from the County saying that
you're not in violation or that it really doesn't make any
difference to -- the property can be sold simply through
metes and bounds, as other properties have been sold in our
community.
So, that's the -- oh, another thing, too, is
that under the provisions -- the general provisions and
purposes also states that the replatting is not required if
the land is to be used primarily for wildlife management,
farm, ranch, or timber. Neither party is trying to get an
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agricultural exemption. First of all, you have to have a
minimum number of 20 acres. We don't. Then it has to be
under agricultural exemption before you can even get a
wildlife exemption. But I believe that, through the
agreement by contract to leave Lot 49 in the pristine
condition that it is presently in, might also meet that
exemption or the requirement or what-have-you. You might
see an attachment of our Covenants and Conditions and
Restrictions, which I think are very good. As I told
Buster, I always wanted chickens; they said you can't have
them. I don't have chickens. But that's -- that's really
the whole thinq, is we're just simply trying to forego the
need of a replatting. We've already had the survey done,
and -- and then on top of that, then we would have to go
through the replatting survey. And I've also agreed with
Mr. Cowan that -- that I will provide KPUB with a copy of
Lhe survey LhaL has been done. Thank you.
COMMISSIONER. BALDWIN: Thank you, Von.
Fzatikliti? Du yuu Have -- dun't yet up if yuu doii' L want to.
Do you have a comment or -- from the County's side?
MR. JOHNSTON: We received a copy of this
survey. They had asked the question if it needed to be
platted just last week, and it showed up uii the agenda, s~
I'm not sure how the process is going here. But I looked at
the -- the conditions, and it appears to be a -- Subdivision
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Rules requires, you know, a revision of plat. That's been
the position taken by the Court in a platted subdivision.
If properties are divided, that needs to be -- plat needs to
be revised. I think the only variance item that would be
required would be the frontage. I think it does -- the
particular shape of this lot doesn't have the frontage
requirement for two lots, but that would be something we'd
need to look at during the process. It's not a -- it's not
combining lots, you know, so I quess the -- the notification
wouldn't be waived. It is less than four, but it's not
actually combining lots.
COMMISSIONER BALDWIN: You're talking about
the frontage? You're talY.ing about the 200 foot?
MR. JOHNSTON: Frontage on the road.
COMMISSIONER BALDWIN: Frontage requirement
that we have. You know, that -- it never was there. I
just -- I don't see how that we can yo back and deal with an
old subdivision and require 200 feet, when 200 feet was
tie vex there in the be~~iuning.
MR. JOHNSTON: In its present condition, it's
yrandfaLkiered in, but I think once iL -- you know, Lkiey --
they want to change it, I think that's the time for it to be
looked at. But I don't think it's critical iiuht nuw.
COMMISSIONER LETZ: That's not an issue, I
dcn't think.
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COMMISSIONER BALDWIN: Yeah. He made the
comment that there was a variance. That's the reason --
COMMISSIONER GRIFFIN: I've got a question.
If -- if you change a property line in a platted
subdivision, what instrument -- legal instrument is going to
be on file in the Clerk's office that says you did that? If
it's not a replat, what does it? What --
MR. JOHNSTON: I th_nk, according to our
rules, a replat is the instrument.
COMMISSIONER GRIFFIN: Is it -- you see the
question I'm asking? What legal instrument actually divides
the property? Irrespective of what agreement may be between
the two homeowners, which are good, it's just that if you --
you're adding a property line or moving a property line,
you've got to have something on record that says here's
where the new legal -- on record that says here's where the
new property line is. What instrument would do that?
COMMISSIONER BALDWIN: Well, the metes and
bounds, I understand, is a -- is a document that -- see,
that's always been my concern. As long as -- long as
there's something in the records that we can go back and
refer to later, I don't care if it's a chicken or a turkey.
But my understanding is that doing it by metes and bounds,
which they have done several of them in this particular
subdivision, that that is the document that's on file.
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COMMISSIONER LETZ: My view is that -- I
mean, clearly, it's a minor replat. I mean, it's not a
plat -- it's a minor revision of plat, is what I think the
terminology is. And, you know, I don't see how you -- I
mean, if we don't require a revision of plat, then we get
into a situation of having plats on file that are nor
accurate, and I don't -- and that's the reason I don't see
there's any way around doing a revision of plat. I think
there's several ways that Mr. Evans and Mr. Scott could do
it. They could -- assuming they -- you know, the
subdivision -- the Homeowners Association covenants allow,
but they could divide Lot 99 and each take -- and then --
just, you know, each use it, 'cause it would be -- it's
10.11 acres, so they could divide ~r in two 5-acre lots,
which would meet our minimum requirements still, or they
could -- that way you'd have Lots 48, 49A1, 49A2, and then
Lot 51, or you could -- you could basically eliminate Lot 99
and put it into 48 and 51. So, either way, it's a minor --
it can go through court basically at one meeting.
MP,. JOHNSTON: It's my understanding, talking
to the surveyor, that they want to divide them into two
5-acre tracts.
COMMISSIONER LETZ: The only problem I see
with that, that there would be a required variance in, that
-- in that scenario, in that -- well, assuming they're going
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to divide it across the east-west -- the back portion.
MR. JOHNSTON: Have you got a copy of what
they're proposinq to do?
COMMISSIONER LETZ: I didn't see a --
COMMISSIONER BALDWIN: Von?
COMMISSIONER LETZ: Okay.
CUMMISSIUNER BALDWIN: Why don't you come up
here, just in case you can answer some questions.
COMMISSIONER LETZ: Yeah. That would, you
know, be a little bit more of a --
MR. JOHNSTUN: 'That's very small, just the
shape of the lot.
COMMISSIONER LETZ: -- frontage issue under
that scenario. But I probably -- I mean, I would go along
with a variance on the frontage element on that drawing.
COMMISSIONER GRIFFIN: But I'm trying to
still think through the process of how you -- how you arrive
that you don't need a plat, that that doesn't have to be
replatted. If, as you say, you would end up then with a
plat on record in the Clerk's office that's incorrect,
another legal instLUment somewhere else that says, oh, we
did make this division. And --
COMMISSIONER LETZ: And I think the -- on the
minor revision scenario, the cost is -- is still there.
There's some, but it's not as much as the -- you know,
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havinq to do a -- a full replat or revision.
COMMISSIONER GRIFFIN: If you've already got
the survey done, that's usually the biggest part of the
cost, is it not?
MR. EVANS: The survey was going to be about
$600. The full replays going to be $2,000.
COMMISSIONER LETZ: You don't need a full
replat. There's a provision for a minor revision, which
this would qualify for.
MR. JOHNSTON: That's why the Commissioners
Court publishes the notice in the paper three times, but
they don't have to send out notification for less than four.
COMMISSIONER LETZ: And it needs to be
done --
COMMISSIONER GRIFFIN: Done at one court
session.
CUMMISSIONER LETZ: Basically one time, have
a hearinq, then the court session right after it, and it's
done. And you don't -- there's not as many required
signatures and reviews. For example, U.G.R.A., Headwaters,
they wouldn't even have to look at it.
JUDGE HENNEKE: What's the pleasure of the
Court?
COMMISSIONER BALDWIPS: We11, we're not going
to win this one, I can see that right now, so let's pull
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this one and regroup and go another route.
MR. EVANS: I don't understand.
COMMISSIONER BALDWIN: What we have on the
agenda today is not going to happen.
MR. EVANS: Right.
COMMISSIONER BALDWIN: But, as Commissioner
Letz was talking about, there is another route that's
similar to this, but in more of a -- a cleaner way of doing
it.
MR. EVANS: Okay. I just made the request
be~~ause I -- you know, I'm trying to -- actually, you know,
the purpose of this whole thing is that I've got 9.99 acres,
okay? And our community's restricr_ions, which I really
believe in, says that my wife, on my demise, could not
divide the pr~perLy, because each property, in order to
build a home on it, has to be 5.00 acres. So, I'm buying
5.0-something acres in ~Lder to provide my wife with the
capability of trying to sell that property in the event of
my death. And -- and s~ Lhat was really the whole purpose
of me buying the property. And so -- and then we run into
all of this -- all of this. And I understand you've got
your rules and regulations, but I certainly wish I could buy
that property through Texas Veterans Land Board.
DODGE HENNEKE: Thank you, Mr. Evans.
MR. EVANS: Thank you.
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DODGE HENNEKE: Let's do Item Number 4, then
we'll have our next public hearing. Item Number 4, consider
and discuss request by the City of Ingram that Kerr County
quitclaim its interest in the Indian Creek Dam to the City
of Ingram and contribute $17,500 for repairs to that
structure. Commissioner Griffin, do you want to speak to
that?
COMMISSIONER GRIFFIN: Yes. You know, this
has gone on for how long now? We've probably been looking
at it for a couple years totally. And we had several
estimates made. We talked through several scenarios about
how we might get clean ownership of the dam, having it done
the way the City of Ingram would like to have it done. And
so this was the latest proposal, which has actually been on
the table now for some -- some time, and that is that the
County would -- if we have any interest -- we're not real
sure about whether we do or not, but we would quitclaim
any -- any interest in the Indian Creek Dam to the City of
Ingram, and they -- we would provide $17,500, which is based
on an earlier request. That's not all that would be
required by any means, but that the County would -- would
contribute $17,500 along with that quitclaim to bring that
dam up to a standard that everybody agrees would be a good
one. And that's where we are. I think it's probably a good
way to do it. I think it's a way that the dam gets the kind
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of attention it needs, now and in the future, and there
would be clear ownership by the City of Ingram. I']1 make
the proposal that we do exactly what this agenda item
proposes, but -- I mean, I'll make that motion, but if there
are other comments --
COMMISSIONER BALDWIN: I have zero problem
with quitclaiming the property to the City of Ingram. I
can't get my mind around sending $17,500 with it. If
they're going to -- I mean, they own it. Why would we pay
for the repairs? I don't get it.
COMMISSIONER GRIFFIN: Well, that's part of
the deal. That's a negotiating position, in that the
ownership at the present time is not clear. And with the
County, it's an issue of liability. So, it's a sort of
payment now at an amount we can control against any future
liability, or we stand the risk of being open to great
liability if something happens.
COMMISSIONER BALDWIN: I understand the game,
and that's what it is. It's -- is this -- the 17, 5 is
based on a bid, if I remember, a bid for repairs.
COMMISSIUNER GRIFFIF: Yes, and it was a
partial bid. Danny, help me here just a little bit, if you
~~an.
MR. EDWARDS: We had -- my name is Danny
Edwards, City Attorney for the City of Ingram. We actually
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had two bids. One was for $17,500; then we had another one
come in at $35,000, almost the same job. We encountered
difficulties, because it's difficult to find workers here
who comply with the law -- requirements of the law
concerning government contracts; for instance, having
workers compensation, et cetera. We've also tried to do
some experimenting on other ways to have this bridge
repaired. We called the good Judge and asked him if we
could get some permission to do some experimenting on it. I
appreciated very much that he said he couldn't give me a
position 'cause y'all don't own it, so he couldn't give us
permission.
So, we've -- we've tried some epoxies, we've
tried some other methods to try to reduce the cost. But,
because it's Ludyet time, Commissioner, we just felt like
this needed to be disposed of now. And it may cost more
than 17, 5 and iL may cost less. We think it will cost
more, but 17, 5 is the only figure that we can give you,
because we have a Lid Lhat we know we can do it for that,
but it may very well cost more to do it, Also, as a
condition of -- as I wrute in my letter to the Judge, when
we take it, it will be on our insurance policy and we will
start insuring it for purposes of liability, et cetera. So
both the public and the City are protected. It will take
the liabilities off the stiuulders of the county. I think

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that's about all I can add to it.
COMMISSIONER GRIFFIN: Yeah. That's the
issue.
COMMISSIONER WILLIAMS:
I'm sorry, Buster, go ahead.
COMMISSIONER BALDWIN:
bid is 17, S, why don't we share that
Ingram? Why don't we -- if we're goi
financially, cahy don't we pay half of
COMMISSIONER GRIFFIN:
well --
Commissioner, have
So, if the -- if the
with the City of
nq to participate
that?
Well, I'm not sure -
COMMISSIONER BALDWIN: Because they won't
take it?
MR. EDWARDS: You're going back to square
one. We've been thr-ouyh all this.
COMMISSIONER. BALDWIN: I know. I know. And
y'all's -- your position is, we won't take it if you don't
pay for it?
MR. EDWARDS: That's correct.
COMMISSIONER BALDWIN: Okay. That's a bad
position, in my opinion.
(Laughter.)
COMMISSIONER WILLIAMS: Commissioner, where
would the 17, 5 come from? Road and Bridge? And, if so,
which £und?
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COMMISSIONER GRIFFIN: It would come out
of -- I don't know which fund. It would have to be in next
year's budget.
COMMISSIONER WILLIAMS: Next year's budget?
DODGE HENNEKE: It would have to be an item
that we would add to the next year's budget. There are no
current funds for this project.
COMMISSIONER WILLIAMS: I didn't think so.
That's the reason I asked.
MR. MOORE: Is there public input into --
JUDGE HENNEKE: Go ahead. Step up, sir.
MR. MOORE: I'm Ed Moore from Molina Road out
there in Upper Turtle Creek. Did I hear this gentleman say
that -- someone here said we don't own it?
JUDGE HENNEKE: That's correct.
MR. MOORE: But you're going to give him
money?
JUDGE HENNEKE: That's -- that's the
proposal. The proposal is for the County to contribute to
the repair and refurbishing of the structure.
MR, MOORE: Okay.
JUDGE HENNEKE: We don't claim ownership. We
don't have a docuiueni_ that -- Road and Bridge Department has
'_ooked; there's nothing that transfers ownership of that
structure from whoever built. it to the County. So, I don't
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own it, so if you go out there and fall off of it, don't
call me.
MR. MOORS: I understand you're clearing up
something, because -- no offense, but wait a minute, we
don't own it and we're going to pay for it? I don't
understand. I better understand i*_ now.
MR. EDWARDS: The City doesn't own it,
either.
MR. MOORS: I better understand. I heard
that we don't own it, but you're discussing moneys. I thank
you very much for your time. I understand now.
COMMISSIONER WILLIAMS: Did we eliminate your
confusion?
MR.. MOOR.E: I was confused.
COMMISSIONER GRIFFIN: One of the problems is
that the ownership is ~~louded. That's what we're trying to
straighten out with the quitclaim side. If we were t_o have
an accident or something, something bad happen on the Ingram
-- the Indian Creek Dam at the moment, I have a suspicion
that whoever was the injured party would come after Kerr
County, --
MR. MOORS: Everybody.
COMMISSIONER GRIFFIN: -- City of Ingram,
State of Teaas, anybody else they can go after. So, it's a
liability issue because of this clouded ownership. What
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we've tried to do over the last several months is come up
with a solution to this that clarifies the ownership, but
that recognises that the County -- if we have any
responsibility whatsoever, that we have absolved ourselves
of that with the financial contribution that we would make
to the repairs, because the dam is in need of repairs. To
meet anybody's -- to meet anybody's specifications and
criteria for dam construction, it needs to be repaired.
And, certainly, we don't want to lose it as an asset to the
community. So, the horns of the dilemma is, we've come up
with this as a negotiated position. We can either approve
it, disapprove it, or whatever, but that's where we are.
COMMISSIONER WILLIAMS: I'm in favor of
getting rid of it. I would suggest the funds come out of
the Schreiner Road Trust, which can only be used for
Precincts 1 and 4.
COMMISSIONER BALDWIN: Absolutely not.
(Laughter.)
COMMISSIONER BALDWIN: I don't think that --
no, Schreiner Trust funds guidelines are a lot tighter than
that.
JDDGE HENNEKE: It's no longer being used as
a roadway; it wouldn't quality Tor --
COMMISSIONER WILLIAMS: You got out of that.
COMMISSIONER BALllW1N: I got out of that one.
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DODGE HENNEKE: You can --
COMMISSIONER BALDWIN: I would -- just to be
on the safe side and being good stewards of taxpayers'
money, I would think that we would -- let's find out --
let's make sure where the 17, 5 is going to come from and
where it's going to be in the budget before we vote.
COMMISSIONER LETZ: I -- I agree with that.
My only comment is that, I mean, it's a western Kerr County
issue more than an eastern Kerr County issue. I think it
does sort of a community good. I think it's -- we don't
want to lose the asset, but 1 really don't see how it comes
under Road and Bridge. I don't think it's Road and Bridge
and Dams. I think it ought to come under -- if we're going
to find the money to do it, to me, it ought to be easy to
find what we did and bring it out under Commissioners Court,
'cause -- just as a special line item, or -- or somewhere
where it's easy to see. Because, I mean, I don't see that
it's a Road and Bridge function. It wouL3 be like
puttiuy -- like buying a copier for somebody in Road and
Bridge just because they have a big budget. I mean, I don't
see LkiaL logic.
COMMISSIONER BALDWIN: It used to be a Road
and Bridge function, buL it's not any longer.
JUDGE HENNEKE: Again, the contemplation is
that next year's budget would be amended to add this sum?
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COMMISSIONER LETZ: Right.
JUDGE HENNEKE: Under Commissioners Court
under Indian Creek, whatever, you know.
COMMISSIONER GRIFFIN: I'm going to make the
motion, then we can vote on it if you want to, but I'm going
to make a motion that we -- that we amend the next year's
budget by $17,500 to go to the City of Ingram to resolve
this issue, as outlined in the agenda item and in the letter
from Mr. Edwards.
COMMISSIONER LETZ: Where in the budget?
CUMM1551ONEK GRIFFIN: Commissioners Court.
Special line item, one-time payment.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court
authorize execution of a quitclaim deed from Kerr County to
tkie City of Ingram for the interest of Kerr County, if any,
in the Indian Creek Dam, and that, further, Kerr County
wtitribuLe $17,500 for repairs to that structure, to be
shown as a line item in the Commissioners Court budget for
next year's budyel..
COMMISSIONER LETZ: Brief comment, also. I
mean, I'm just making this -- ibis has been dragging on for
two years, whatever y'all said, and it needs to be resolved.
I don't like the fact that the County is paying money
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particularly, but it is a -- it serves all the community
good, in my opinion, and that's the reason I'm in favor of
it.
COMMISSIONER GRIFFIN: You said it better
than I did.
COMMISSIONER BALDWIN: Will this require a
tar, increase?
DODGE HENNEKE: No.
COMMISSIONER GRIFFIN: No.
COMMISSIONER BALDWIN: We don't know that for
positive, though, until we get down to Look at it. I think
Tommy had a comment or a question, maybe.
MR. TOMLINSON: I don't know how much benefit
this -- this dam has for flood control, but I think if we --
if it broke, I'm sure we would have a flood problem, so we
do -- we do have a fund for that purpose, for flood control.
COMMISSIONER BALDWIN: Okay, I'll go along
with that.
MR. TOMLINSON: And it's -- it's a fund that
the County has maintained for -- for numbers of years, and
Lhexe axe no tax dollars in this budget that go into that
fund. It's -- the only revenue that goes into that fund at
the cuxxeut time is, you know, interest only, so it would be
my -- my thought that that would be a good place to -- to
take this fund.
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JUDGE HENNEKE: So in next year's budget, we
would show it as a flood control item?
MR. TOMLINSON: Yes.
JUDGE HENNEKE: And you are about to amend
your motion?
COMMISSIONER GRIFFIN: I've just amended my
motion. That's what I was trying to do. The money's there.
I amend my motion that it comes from the Flood Control fund
in next year's --
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Second. Any other questions
or comments?
COMMISSIONER BALDWIN: I think $17,500 is too
much, but I will vote that we do it.
JUDGE HENNEKE: Okay.
COMMISSIONER BALDWIN: Now that the budget
issue is straightened out.
JUDGE HENNEKE: If there are no more comments
or questions, all in Yavor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. All right.
At this time, we will again recess the Commissioners Court
meeting and open a public= hearing on the proposed Kerr
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County tax rate for FY 02-03.
(The regular Commissioners Court meeting was
closed at 10:35 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
DODGE HENNEKE: Actually, legally, we are not
required to have this public hearing, because the tax rate
is exactly the same as it was this year. However, we're
more than happy to bring this issue to the public. So, at
this time, if there's anyone who w_shes to make a comment to
the Court on the proposed Kerr County tax rate for FY 02-03,
which I will again state is the same, which is 37.21 cents,
as it was this current year. So, is there any citizen who
would like to address the Court on the proposed tax rate for
FY 02-03? Going once. Going twice. Any comments on the
tax rate? If not, I will close the public hearing.
(The public hearing was concluded at 10:35
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE HENNEKE: We'll return to the
Commissioners Court meeting and take up Item Number 12,
which is consider and discuss setting September 23rd, Year
2002, at 10:30 a.m. in the Kerr County Commissioners
Courtroom, for adoption of the FY U2-U3 tax rate.
COMMISSIONER BALDWIN: So moved.
COMMISSIONEk WILLIHMS: Second.
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JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court set
September 23rd, Year 2C0~, at 10:30 a.m. in the Kerr County
Commissioners Courtroom for adoption of the FY 02-03 tax
rate. 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. At this
Lime, we're going to take a break. Let's come back at 10
minutes to 11:00.
(Recess from 10:39 a.m, to 10:50 a.m.)
JUDGE HENNEKE: Let's come back to order,
please. As we announced earlier, we'll return to
consideration oL ILem Number 1, which is resolution in
support of the U.G.R.A. The next speaker is Bernard Syfan.
MR. SYFAN: Thank you for this opportunity to
address this. I think it's important. My name is Bernard
Syfan, and I stand here today to support the tenets of what
many of us recall as Darrell Lochte's U.G.R.A. Many of us
remember Darrell Lochte's U.G.R.A. It had a good name. It
was there to serve the best interests of the river and the
people. Darrell Lochte's U.G.R.A. no longer exists. Today
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it's been replaced by a very different U.G.R.A., which has
become a four-letter word, in spades. A couple of years
ago, in a Commissioner's meeting such as this, it overflowed
into upper chambers, just as we did today. Among the many
who spoke out was a septic system contractor. His name was
Marty Brewer. Marty Brewer had the audacity to speak the
truth about some of the misguided policies of today's
U.G.R.A. Marty Brewer was calm, accurate, and direct.
MaLLy Brewer spoke the truth, and it cost him his
livelihood. By some very strange coincidence, Marty Brewer
~_auld na longer get any systems approved by today's U.G.R.A.
Marty Brewer was blackballed. He was choked to death by
Caddy's U.G.R.A.
Some of you may recall in a meeting of the
U.G.R.A. Board that a redlCor in Kerrville described some of
today's U.G.R.A.'s, quote, "Gestapo" tactics. That board
was shocked. They were and remain in denial. The O.G.R.A.
Board has turned a blind eye to the people and has let the
present management of the U.G.R.A. blacken its name. The
citizenry that remembers Darrell Lochte's U.G.R.A, has risen
up against today's U.G.R.A., which has caused, at least in
part, a portion of this Court to be a lame duck
Commissioners Court. It's this saiue lame duck Commissioners
Court that now seeks to heap praise on today's U.G.R.A., in
spite of its misdeeds. The O.S.S.F., or septic s}sl.em
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program, was set up by the State and was adopted by this
Commission, but it is -- at first, "and it is sound and in
the best interests of the river, we, the people of the state
of Texas...," and it can be administered in a
people-friendly fashion and still qet the job done. That is
your joh. Today's O.G.R.A. has only raised the ire of the
citizenry of this county. We urge you to reconsider
carefully any decision to heap praise on today's O.G.R.A.
The U.G.R.H. manager has engineered this whitewash job of
himself, as well as a similar one which is on tomorrow
evening's agenda at the Kerrville City Council. Make no
mistake -- make no mistake that your name on this "atta-boy"
is an open endorsement of today's abusive administration,
and it could well prolong it. We understand that reigning
iii tkie management will open up an opportunity for peace in
the county. I think it's time for you to take time and
think about this and look before you leap. Thank you very
much.
(Applause.)
DODGE HENNEKE: Jerry Ahrens.
MR. AHRENS: My name is Jerry Ahrens. I
reside at 1010 Whiskey Canyon. I'm currently a board member
of U.G.R.A. First of a11, I want you to rest assured that
U.G.R.A. has no ownership in Indian Creek Dam.
(Laughter.)
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MR. AHRENS: We've been accused of a lot of
things; I just want to set that straight. The first three
people speaking against ri.G.R.A. have specifically spoken
about O.S.S.F. Your resolution today is much more general
than that. But since we have brought up O.S.S.F., I want to
mention to everyone that that is a County program,
administered by the U.G.R.A. And I want to also point out
that we're happy to do it, You can see how difficult it is
to understand the rules and to administer the rules. We try
our best, and we're happy to do it, because we see that as
an important program that affects the water quality of the
river and its tributaries. So, as you in the coming months
anticipate whether to do this yourselves, please take note
that it's not a popular program.
I'm here also if you have any questions about
U.G.R.A. or even the administration of the O.S.S. F.
President Weinheimer asked me earlier this year to write a
customer satisfaction or complaint survey, which I did. It
is now sitting on the front desk in our building. Any
customer that has a complaint can take that form, fill it
out, and then it does not go to anyone on the staff; it goes
straight to the Board of Directors, and at this time it goes
straight to Joe Armistead. And, to my knowledge, he's had
one complaint, and that's one that you've heard about from
Judge Stacy. And Joe responded and worked with Judge Stacy.
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So, even though we have continuing -- we hear about
complaints, I know of only one actual complaint. And if
there are others, there's your mechanism to take it out of
the staff's hands and take it straight to the board.
I think it's a good way to -- to he more
customer-friendly in the -- in an area that's difficult to
administer. And we don't have variances in that area. Any
kind of variance that needs to be done has to come back
through you. So, that's the way it should be. It's not up
to us to pick and choose whose system is going to pass. So,
I'm focused also on O.S.S.F.; sorry to do that. If you have
any questions in general, please ask me, but at this time I
thank you for your consideration -- your timely
consideration of this resolution, and ask for your approval.
JUllGE HENNEKE: 'f hank you, Mr. Ahrens.
MR. AHRENS: Thank you.
JUDGE HENNEKE: Richard 'Thompson.
MR. THOMPSON: My name is Richard Thompson.
I'm a resident of 3756 Medina Highway in Kerrville, 'Texas.
My questions about the II.G.R.A. today would be what are they
trying to hide? Why is the U.G.R.A. suing the Attorney
General of the State of Texas, who has ordered them to open
records, and incurring great legal expense for something the
Attorney General says that they should do? This is, to me,
very strange. I'm also concerned that, in their financial
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records, they show almost 25 percent of their budget for
legal expense. And, sir, you told me the County's legal
expense, including that for indigenous people, amounts to
only 3 percent. What would we do in our school system if we
spent 25 percent for attorneys? What would we do in the
County? You'd have no money for anything else. Something
seems to be wrong, and I think that we need to get this
corrected. Thank you, sir.
JUDGE HENNEKE: Thank you, Mr. Thompson.
(Applause.)
DODGE HENNEKE: Ken Wardlaw.
MR. WARDLAW: My name is Ken Wardlaw. I live
at lU6 Skyline, Center Point. I'm really glad that this is
going on like this. I really appreciate the democratic
process taking place. We've heard a lot of complaints about
U.G.R.A., and I believe we've heard a lot of complaints in
certain areas. There probably are some things that need to
be fixed, and there's got to be a process to fix those, but
I think severing the head to cure a problem -- a small
problem is overkill. I think when people have the best
interests of others at heart, we don't need things like
State-mandated auto inspections or speed limits, but when
people's money gets involved, other people's interests seem
to fall farther and farther down the -- down the line. I'm
glad that the septic regulations are being enforced. When
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I've called U.G.R.A., I got timely, reasonable answers. I
thought the charges that they charged were reasonable for
what took place, comparing those to other fees that are
involved in real estate transactions in another part of
Texas that I've lived in. I understand that the -- the
septic licensing are set by the State, which is -- except
for one thing, which is inspection, and that's set by the
Court. And seems like when real estate is transferred, it's
the perfect time to inspect a septic system; it's the
perfect time to bring it up to code so that it does have
everybody's best interests at heart. I appreciate your
time. Thanks.
JUDGE HENNEKE: Thank you, Mr. Wardlaw. Roy
Johnson.
MR. WARREN: He had to leave, Judge.
JUDGE HENNEKE: All right. Bob Warren.
MR. WARREN: Who?
(Discussion off the record.)
MR. WARREN: Sir, my name is R.E. Warren, and
I live in west Kerr County on Bluff Trail Ranch, which I
think Buster's familiar with.
COMMISSIONER BALDWIN: I am.
MR. WARREN: 1 really don't have anything
against or for the U.G. R.. A. What I do have is, I'm asking
about redundancy that exists in all of the alphabets that
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we've got. We got the T.N.R.C.C., we got the T.W.B. and we
got the Headwaters group and we got the Commissioners County
Court and we got all of this. And, as a simple landowner,
it's hard for me to live to all of the -- or even be aware
of all of the things. It appears to me that a lot of the
positions and jobs that come under the Commissioners Court
are farmed out to other entities. I'm not sure this is a
good idea or this is a bad idea, but each one of these
entities has a taxing authority attached to it, and that
concerns me. It goes -- it goes without saying that if
we're going to keep people coming into our county and we're
going to keep the current residents, we've got to do several
things. One is provide them with services, and two is to
keep the tax rate down to a point whereby we, as the
taxpayers, can afford them. Thank you.
JUDGE HENNEKE: Thank you, Mr. Warren.
(Applause.)
JUDGE HENNEKE: Bill Taylor.
MP.. TAYLOR: My name is Bill Taylor. I
reside at 150 Roundabout Lane in Kerr County, Texas. I come
today representing the Kerrville Area Chamber of Commerce.
We, in our most recent work session on August 23rd,
discussed the U.G.R.A., and we have -- we have a statement
we'd like to say today. I am the Chairman of the Board of
the Kerrville Area Chamber of Commerce, and like owning a
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new boat, I've got 21 days left. The first day and the last
day are the best days about being in the Chamber. Today,
I'd like to give you our statement and what we -- how we see
the U.G.R.A. and our position on it. The -- Kerrville Area
Chamber of Commerce expresses gratitude for the efforts of
the U.G.R.A. over the years to preserve and protect waters
of the Upper Guadalupe River, and expresses its support for
the continuing effort by the U.G.R.A. to develop an adequate
and dependable water supply for the citizens of Kerr County.
The development of a regional wastewater treatment system in
b:err County, we know, is in the planning. We -- we express
our efforts for that. We also -- we appreciate the
education that is provided by the U.G.R.A. and education of
the citizens of Kerr County on matters relating to water,
water conservation, and wastewater, and we also appreciate
the oversight for the health and the quality of water for
the Upper Guadalupe River and its tributaries. We support
your consideration of a resolution today in favor of the
U.G.R.A. Thank you.
JUDGE HENNEKE: Thank you, Mr. Taylor.
(Applause.)
JUDGE HENNEKE: Tom Syfan.
MR. SYr'AN: I'm going to let Roy Johnson take
my place, if you please, Judge. He's -- he's back from his
absence.
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JUDGE HENNEKE: All right. Mr. Johnson.
MR. JOHNSTON: I'm Roy Johnson, and I live at
505 Riverhill Boulevard here in Kerrville. And, havinq --
I'm not a new retiree, but I've been here for a number of
years. I also ranch a little bit out in west Texas -- in
west Kerr County, and my position is that I feel that the
river should be protected, but I also feel that it should he
done by one entity. And I think that we've got too many
people messing with the river now, so I would like to see
this done by one group and taken care of in a way that would
protect it for all the citizens. Thank you.
JUDGE HENNEKE: Thank you, Mr. Johnson.
(Applause.)
JUDGE HENNEKE: Is there anyone else who'd
like to speak in favor of the resolution? Mr. Pena?
MR. PENA: My name is Raul Pena. I live
outside of Center Point in south Rerr County. A gentleman
r_alked earlier about having a people-friendly system, and in
my opinion, the only people-friendly way of administering an
O.S.S.F. system is one that takes care of all of the
citizens cf Kerr County, not just a few individuals. So, I
don't believe in allewinq variances for the septic system.
I think the rules ought to be enforced, because it protects
the river and it protects the people of Kerr County. Nobody
has mentioned some of the other programs that U.G.R.A. has
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been involved in. The ASR well has been immensely important
to us in providing water for the citizens. That would not
have been possible without the funding of that particular
project by U.G.R.A. I think that they're doing a great job,
and I strongly support them. Thank you.
JUDGE HENNEKE: Thank you, Mr. Pena. Vernon
Harrison.
MR. HARRISON: My name is Vernon Harrison. I
live at HC-l, 13ox 112F in Hunt. I appreciate this
opportunity to address you today. I just have three points
that I'd like to clarify some of the things I've heard
today. One, and just as several of the people talked about,
how many agencies do we need to be involved in water?
There's one super agency, as you know, but I'm afraid most
of the people don't know. The 'Texas Natural Resources
Conservation Commission, which is an agency of the state of
Texas, has exclusive jurisdiction over the water in the
Guadalupe River and over the water in every other river in
l.he state. The T.N.R.C.C. has given to you gentlemen or
this Court the authority to administer certain programs in
Kerr County. You set the rules and then you chose to
contract with U.G.R.A. on certain of those things; the
O.S.S. F. program is one in particular. So, we have three
agencies involved when two would do just as well, the
T.N.R.C. -- T.N.R.C.C. and Commissioners Court.
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And the T.N.R.C.C. -- once again, I say
they're the ones with the authority. They're the ones with
the responsibility. We hear about what the U.G.R.A. has
done for the river. The U.G.R.A. does not have any specific
authority over the river. All of that authority is the
T.N.R.C.C. The U.G.R.A. is just some -- is almost like a
volunteer body looking for somethinq to provide help with
the river. If we want somebody to help the T.N.R.C.C. with
the river, we ought to have a river foundation, and not fund
it by taxes, but fund it by some sort of contributions. I
would also like to address the issue of whether or not we
would become a part of the Guadalupe Blanco River Authority
if the U.G.R.A. went away. I read in the paper where
Commissioner Baldwin said that won't happen as long as he's
on the Cuuxt. And I'll do what I can to keep you there,
Commissioner.
COMMISSIGNER BALDWIN: Thank you.
MR. HARRISON: Because -- and the process is
not just a matter uf, if the U.G.R.A. goes away, the
Guadalupe Blanco River Authority automatically comes here.
They have to go through a lengthy process, which would begin
with having to come before the Commissioners Court to -- to
qet whether or not the Cuuuuissicners Court wanted the
authority. I can assume that if we got rid of the U.G.R.A.,
this Commissioners Court wouldn't be in a big hurry -- at
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least Commissioner Baldwin wouldn'~ be in a big hurry to get
a new one. Our State Legislator and our State Senator's
people indicated that if the U.G.R.A. went away, it would be
a long process and one that probably would not succeed for
the Guadalupe Blanco River Authority to come to Kerr County,
so I think that's just an issue that really is a red
herring.
One more issue is, they -- U.G.R.A. is
supposed to be in charge of -- of water. They're supposed
to be speaking for Kerr County. They're supposed to be the
ones -- and they're -- in their own literature, that they
work with the Regional Water Council to develop the plans.
And then I hear today trom Commissioner Letz that that --
that the Water Council has come up with us having a
declining population -- or slowly growing, and then a
declining population, which will make it harder for us to
get grants in the future. It sounds like to me that
Commissioner Letz was doing a lot more looking out for our
water here than the Guadalupe River Authority. And, one
last thing, and it was brought up before; the -- the State
Legislature does want to know what the elected officials of
Kerr County think, but unfortunately, this is a lame duck
commission, and to hear from this commission today does not
express the -- the views completely of the people of Kerr
County as they -- as the people of Kerr County express
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themselves of ZU~2, and I would ask that this resolution be
tabled. Thank you.
(Applause.)
JUDGE HENNEKE: Is there anyone else who
would Like to address the Court on the issue of the
resolution? Looks to me Like Mr. Syfan would like to
address the Court on the issue of the resolution.
COMMISSIUt~ER BALDWIN: I'm going to agree
with you; it 1ool:s like Tom Syfan's coming forward.
MR. SYFAN: I've been here a long time, as
some of you guys know. I watched Darrell Lochte develop the
U.G.R.A. I was in his office almost every day for about 25
years. I had lunch with him, I had fishing trips with him,
I had hunting trips with him. I know what happened with the
U.G.R.A. I was here. And what U.G.R.A. is now is a far cry
and a shame from what he developed. We've got a selfish,
ugly, profiteering bunch running the U.G.R.A. today, and we
need to get rid cf them.
(Applause.)
JUDGE HENNEKE: Is there anyone else who
would like *_o address the Court on the issue of the
reso]ution? Seeing none, I believe it's time for us to
work. Before we start, 1 want to make a few comments.
Before we begin the debate on this agenda item, it may be
useful to brieLly review the Rube Goldberg system of water
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regulation management put into place by the Texas
Legislature. I will retrain from comment on how this system
reflects upon the Texas Legislature.
First of all, surface water found within the
navigable streams and major tributaries is owned by the
State of Texas. The Guadalupe River is such a navigable
stream. Individuals may obtain permits or rights to use of
surface water, but the ownership of the water always rests
with the State of Texas. To manage, preserve, and protect
those surface waters, the Texas Legislature created river
authorities to cover all of the major rivers in the state of
Texas. Because the surface waters are owned by the State of
Texas and not individuals, and to insulate the management of
this precious resource from local politics and influence,
the management of river authorities was vested in boards of
directors living in the territories served by the river
authorities, appointed by the governor and confirmed by the
Texas Senate. Not all river authorities have the ability to
levy ad valorem taxes. Those that do were given that
authority specifically by the Texas Legislature subject to
the concurrence of a majority of the voters in that area.
Next, groundwater. Groundwater, per se, is
not owned by anyone, including the State of Texas. Under
the judicially created right of capture, a landowner has the
right to the beneficial use of all the groundwater that can
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be produced from his property. Because groundwater is not
owned by the State of Texas and affects principally the
areas where it's located, the Texas Legislature authorized
groundwater r_onservation districts as a preferred management
tool for this resource that came into being only if
requested by the citizens of a particular area. Groundwater
conservation districts are governed by a board of directors
elected by citizens of the area covered by that district.
Like river authorities, groundwater conservation districts
can only levy ad valorem taxes if specifically given that
authority by the Legislature and the voters of that district
concur in the taxing authorities.
h'inally, counties. County government is
considered to be an arm of the Texas Legislature and has
only those powers specifically granted to counties by the
Texas Constitution or the Texas Legislature. Counties are
not considered to be a significant part of the water
management scheme in the state of Texas. Few, if any, of
the pcwers and duties of either river authorities or
groundwater conservation districts have also been granted to
counties. There's been a lot of talk today about the
O.S.S.F. program and how the administration of that program
has been contracted by the County to the O.G.R.A. That's
probably the only program you can cite where the County has
authority. The rest are not given to the counties in any
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way, shape, or form. There's been talk about what would
happen if the U.G.R.A, went away. Well, first of all, that
would take an act of the Legislature, and that act of the
Legislature would be subject to amendment and change and
impact by other river authorities or the State of Texas, or
whoever was interested.
Should the U.G.R.A. and G.B.R.A. be given the
opportunity to take over jurisdiction of the river in Kerr
County, that also would take an act of the Legislature. It
would not come before the Commissioners Court. We could
try. We could pass resolutions. We could lobby. But there
is no authority on the part of the Commissioners Court to
influence who has jurisdiction over that river. And I know
this from personal experience. When I was on the Board of
Directors of the Lower Colorado River Authority, we twice
took additional territory through the Legislature. There
was no veto or authority required from the Commissioners
Courts of any of the counties that were affected by that
action. The State of Texas, through the Legislature,
determines who has authority over this river. And we can
sit here and pontificate all we want to, but if the State of
Texas and the Legislature decides that the G.B.R.A. should
take over jurisdiction of the Upper Guadalupe River, there's
nothing we ran do about it, so you might want to keep that
in mind as we qo through this process.
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So, with those introductory comments, does
anyone else have any comments they'd like to make at this
time?
COMMISSIONER BALDWIN: I do, I do.
DODGE HENNEKE: Fire away, Commissioner.
COMMISSIONER BALDWIN: Okay.
JUDGE HENNEKE: We'11 just go around the
table.
COMMISSIONER BALDWIN: Okay, very good.
Well, it's my opinion that these kinds of issues have --
there's two different parts to them. One is a public -- a
public debate part, which is where we are today. And then
there's the legislative debate, which may or may not happen.
It's my opinion that the Commissioners Court, as a body,
should not be involved in the public debate part of it, the
part that's here. I'm a little bit embarrassed that it's
even in here doing what we're doing today. It has nothing
to do with us. When we're elected, we represent both sides
of this room here, and we're being asked today to decide one
way or another, to go with this group or tha*_ group, and I'm
not going to be put in that box. I don't care who you are
or who you think you are; that's not going to happen with
me. And I'm going to abstain from voting, because it's the
wrong thing to do.
Now, when -- when the debate gets into the
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Legislature, which, if it does -- it and when it does, which
I doubt, but if it ever gets there and the State Senator and
`"hat's all I have to say. I'm going to abstain from voting.
JUDGE HENNEKE: Commissioner Williams?
COMMISSIONER WILLIAMS: A couple speakers
mentioned the name of Darrell Lochte, one of Kerr County's
most respected citizens down through the years. I would
submit to you there are other respected citizens in Kerr
County who have served admirably and honorably on the Upper
Guadalupe River Authority, not the least of which were Guy
Cade Jackson, Robert Mosty, Irwin Keller, Doc Holekamp,
Clyde Parker, Jack Brough, Georgia Christley, Jay Colvin,
Dick Eastland, Bob Finch, Jack Furman, Beck Gipson, Jerry
Griffin, Waldean Groff, Rit Jons, Gene Lehmann, Ernest
Linares, Granger MacDonald, John Mosty, Don Oehler, Betty
Strohacker, Ed Wallace, yours truly, and a host of others.
so, it probably comes as no surprise to anyone that I would
vote in the affirmative on this resolution to support the
Upper Guadalupe Riven Authority.
A resolution of this nature, as my colleague
to the right said -- he's right -- probably should not be
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necessary for this governing body or any other agency to
consider, because the U.G.R.A. has fnr 63 years been a
of U.G.R.A.'s efforts in making certain our river is clean,
attractive, usable, and of continued benefit to all the
citizens of Kerr County. I, for one, do not wish to
contemplate the negative and the devastating economic impact
a polluted and unusable Guadalupe River and its tributaries
would have on Kerr County. That negative impact would
reverberate from our camping industry to real estate to
tourism, and the rippling effects throughout the county
would be catastrophic. As no one travels to a place to see
a polluted stream, people do not move to an area and buy
real estate in a place that does not take care of its
natural resources, nor do parents send their children to
camps on the banks of polluted rivers.
Lastly, I do not desire to see U.G.R.A.'s
authority to do so is in place, or any other river authority
that the Legislature might consider. I want to continue to
see Kerr County people making decisions about the health and
the care of our stretch of the Guadalupe River. I want to
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see the Upper Guadalupe River Authority continue its efforts
to bring treated surface water to unincorporated areas of
Kerr County, and to continue its efforts in conjunction with
Kerr County to bring sewer service to areas where failing
septic systems are polluting our waterways. If the U.G.R.A.
needs to address some issues that are of concern to some of
you out here, then so be it. Let them address them. That's
their right and their obligation to do so. I will support
the resolution.
JUDGE HENNEKE: Commissioner Letz?
COMM15510NER LETZ: Let me make a few just
general comments and then get into some specific items in
the resolution. Most of what 1 heard today was complaining
about the handling by U.G.R.A. of the O.S.S.F. program. I
think that's the way that most people have dealt with
U.G.R.A. in recent years. I've said this before, quite a
few times in the past month, that it is my intention to put
this before the Commissioners Court agenda after the first
of the year, when the new Judge and the new Commissioner are
seated, and it is my anticipation and my feeling that the
County should take back that program. And I think, you
know, there's a very good likelihood that will happen.
There's not a guarantee, because there's -- I mean, those
two people, while they've made their opinions known to me,
when you yeL down to actually taking the program back,
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there's a lot that goes with that, and there's a lot of
things that need to be addressed, both budget-wise --
U.G.R.A. has some other authority in that area. That all
has to be worked out. But, in my opinion, I was elected to
take over -- to handle certain responsibilities; that is one
that certainly the public feels that should be handled by
the Commissioners Court, and I'm willing to do that. So, I
think, really, in my mind, that comes off the table.
Something else is that I think, hopefully,
t~.r,,R.A.'s board -- there are some members here, past and
present -- are listening to the comments, because they have
a problem, whether they know it or not, in the perception of
the community. There's a large portion of this community
that does not like the way that the board operates and the
way they're running the entity, and I hope they will, you
know, heed this and listen; that they may need to do some
reflection and figure out where their problems are and try
to correct them. To me, that does not mean that you abolish
O.G.R.A. I Lkrink Lkrexe's some changes very well may need to
be made. I'll leave that up to that board and people in
that group to decide. But O.G.R.A. has done a great deal
for the county, and I think they have a great deal that they
can continue to du fux tkie ~uunty. Acrd just. eliminating the
entire agency, to me, does not make sense. And I have met
with a number of people that, you know, advocate that, but

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they have yet to come up with a clear alternative, in my
mind, as to who would handle some of these programs. And
programs that they're working on, regional expansion of the
water treatment projects, some of the water quality issues.
While they understand T.N.R.C.C.'s rules
generally on water quality, T.N.R.C.C. is not going to have
a staff down here monitoring the river, you know, on the
same basis that U.G.R.A. currently does. So, until I can
come up with a better alternative, and I don't -- personally
don't see the need for it, I think U.G.R.A. may need to make
some changes, but they can certainly handle most of these
situations. Whether -- and I have talked to some of the
people that advocate the abolition of U.G.R.A. They say the
County should take on these functions. And I've thought
the Legislature decides to do that, I would certainly
advocate that the County take on some of the
responsibilities at that time, but my concern is that those
projects would take a lower priority in the County
government's budget. I think if you start putting up very
broad long-term projects, such as wastewater management or
expanding wastewater into parts of the county that I truly
believe need it, against law enforcement, the Sheriff's
Department, I think law enforcement's going to win. Road
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and Bridge is going to win. I think it's going to be hard
to fund some of these things at all.
So, that being said, on the resolution, I
don't like the resolution as submitted, and I have prepared
and handed out to the Court -- and I only have, I think, two
other copies here if anyone in the public wants to looks at
it -- modifications to the resolution. But let me basically
go over my biggest problem with the resolution. One is that
there's a number of areas where it refers to "scarce
groundwater resources." That's a term that I've objected to
for a long time, and I still object to it. I am not
convinced that we have scarce groundwater in this county.
There are areas where there are problems. I think that the
ASR well, for example, certainly did a great deal; I'm very,
very proud of the ASR, but it certainly didn't eliminate the
reliance or end the reliance on the City of Kerrville to
groundwater. It just reduced it. And I'm in favor
generally of reducing the reliance on groundwater, but I
still do not buy that we have a scarce resource there that
we have to -- you know, basically have to be an alarmist
about.
The other thing that I didn't see in the
resolution that hasn't really been mentioned today, but it's
something that I deal with very closely, serving as chair of
Region J, U.G.R.A. does a great deal of -- has done a great
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deal of work, devoted a lot of time and resources in
Directors has, you know, pointed them -- that agency in that
direction, but they have done a great deal of good in that
area. In regional planning, they work with the City of
Kerrville, they work with the County, through Region J and
through the Water Development Board; I think that's
something that is of value.
Rather than read the entire resolution that I
would propose in its place, I'm just going to read publicly
the final portion, which is the "Now, therefore, be it
resolved" section. "Now, therefore, be it resolved by the
Commissioners Court of Kerr County, for the Commissioners
Court recognizes the efforts of U.G.R.A. over the years to
preserve and protect the waters of the Upper Guadalupe
River, and expresses its support in U.G.R.A.'s efforts for
expansion of the City of Kerrville water treatment project,
regional wastewater treatment project, regional water
planning efforts, and efforts to maintain the health and
quality oL the waters of the Unper Guadalupe River and its
tributaries." That's the end of my comments, and I would
make that -- I'll make a motion to substitute this
resolution after Commissioners Griffin's comments.
JUDGE HENNEKE: Commissioner Griffin?
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COMMISSIONER GRIFFIN: First, I would second
your motion for the substitute resolution. There's really
not a whole lot of change in the thrust of the resolution,
and I think that some of the changes to broaden the aspects
are -- are good ideas, and I wholeheartedly second that
motion. Ler me just say that -- that, without rehashing all
of what's said here, I think there's been a good discussion.
we certainly know where the community stands, pro and con.
In my view, doing away with Kerr County control of Kerr
County suLface water, even with the threat that some outside
agency or entity could become the dominant agency over Kerr
County water, was a bad idea yesterday; it's a bad idea
today. It will be a bad idea tomorrow. I will not sit on
the fence. I will vote for the resolution, as amended.
COMMISSIONER LETZ: Are you making comments,
Judge:
JUDGE HENNEKE: You know, I -- Commissioner
Letz, I really duu'L disagree with you. You know, the
"scarce groundwater" references need to come out. My
position all along -- and, you kno~~a, R.E.'s heard this a
number of times -- is that the County has adequate water
resources if they're properly managed, so T don't have a
problem with taking out the reference to the scarcity. I
think the -- the final paragraph of your resolution r_ould
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use a little wordsmithing. I think that the last part,
where you express its support for the expansion, that kind
of leaves that up in the air. I'd like to see it,
"expresses its support for U.G.R.A.'s efforts to" -- oh,
okay, "support in U.G.R.A.'s efforts." Oh, okay. We11 --
COMMISSIONER WILLIAMS: Leave it?
JUDGE HENNEKE: What Commissioner Letz is
proposing is the last to say, "and Commissioners Court
expresses its support in U.G.R.A.'s efforts for the
expansion of the City of Kerrville's water...," and I think
that's -- I think that's a good solution. So, as the author
of the resolution, I will accept your amendment. You need
to so move the resolution.
COMMISSIONER LETZ: I'll move that modified
resolution, or the resolution as presented by myself.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court adopt the
resolution as presented by Commissioner Letz. Any questions
or comments? If not, all in favor, raise your right hand.
(Commissioners Williams, Letz, and Griffin
voted in favor of the motion.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENIQEKE: Motion carries.
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COMMISSIONER BALDWIN: One abstained.
JUDGE HENNEKE: One abstention. The
resolution is adopted.
(Applause.)
COMMISSIONER BALDWIN: 'You know, as if this
really means something, though. It means absolutely
nothing.
COMMISSIONER LETZ: It means that U.G.R.A.
gets to work with Lhe citizens.
JUDGE HENNEKE: I would disagree with that.
I think it means a lot. What we did today is say --
AUDIENCE: It's still a lame duck commission.
JUDGE HENNEKE: You know, people keep saying
"lame duck," but my commission runs through December 31st of
the Year 2002. You call call me a lame duck on January 1,
2003, but until then, I have all the rights, obligations,
powers, and responsibilities given to the County Judge in
Kerr County, and I intend to exercise those fully.
(Applause.)
JUDGE HENNEKE: If you want to call me a lame
duck, that's fine, but you can call me Judge Lame Duck until
December 31st.
COMMISSIONER GRIFFIN: I'll second that.
JUDGE HENNEKE: The next item for
consideration is Item Number 5, consider and approve the
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interlocal agreement for Mental HealthJMental Retardation
and chemical dependency commitment hearings, psychoactive
medication hearings at Kerrville State Hospital. Jannett,
are you going to talk to this one?
MS. PIEPER: I'm right here, Judge. This is
just our yearly deal we need to go through. The County
Attorney has looked through this interlocal agreement and
has checked over everything with a fine-tooth comb and made
some adjustments on one or two of the fees.
JUDGE HENNEKE: Any questions or comments
regarding the agreement?
COMMISSIONER WILLIAMS: Move the approval of
the interlocal agreement for Mental. Health/Mental
Retardation, chemical dependency, et cetera, et cetera, et
cetera. Authorize County Judge to sign same.
COMMISSIONER BALDWIN: Second.
CuMMISSIONER GRIFFIN: Second -- third.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Baldwin, that the Court
approve the proposed interlocal agreement for Mental Health
and Mental Retardation, chemical dependency commitment
hearings, and authorize County Judge to sign same, as
~ presented by the counties in our cachement area. Any
questions or comments?
I MR. MOTLEY: I have a comment on that -- on
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that deal. I'd sent a memo over that indicated that certain
-- I don't have my copy with me, but I sent a memo a couple
of weeks ago that indicated that those certain fees are
actually supposed to be set by the Commissioners Court on an
annual basis, or at least sort of blessed, and I would
assume that maybe by the motion we just took, that we could
assume that they're giving the okey-do key by Commissioners
Court for another year.
COMMISSIONER LETZ: Is that a legal term,
David, "okey-dokey"?
DODGE HENNEKE: Are the fees part of the
interlocal agreement?
MS. PIEPER: Yes.
JUDGE HENNEKE: So, by approving the
interlocal agreement, are we approving the fees?
MR. MOTLEY: Well, actually, the state
contract says the fees themselves have to be set, and they
don't specify -- they're not -- the fees are not only used
iri this area; they're fees set for use by the County Clerk,
the District Clerk, different fees. And Commissioners
Court --
JUDGE HENNEKE: So, if we don't have an
agenda item on approval of the fees, then do we have to
bring it back?
MR. MOTLEY: Well, 1 --
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JUDGE HENNEKE: If it's not part of the
interlocal agreement?
MR. MOTLEY: To some degree, those fees are
included in the local agreement. I don't know that --
COMMISSIONER GRIFFIN: How about if we worded
the motion that way, including the fees to add thereto?
MR. MOTLEY: I think that would probably do
that, because all the fees that I'm concerned about that do
affect the District Clerk and the County Clerk are actually
contained in here; it's just that they are -- they are used
in other areas. So, Law Library Tee and things like that
are -- in all civil cases that are filed. So, I think the
Court can approve the fees like this. Might not be a bad
idea to bring them back in two weeks and approve them
5pecitically. I know I talked to the Sheriff, and he had no
desire to increase his specific fees.
COMMISSIONER BALDWIN: Uid the numbers iri the
fees change at all?
fMr. Motley shook his head.)
COMMISSIONER BALDWIN: Well, being a lawyer
for all of these years in the great state of Texas, I think
it's part of the body, so if we can vote --
MR. MOTLEY: Some could be -- some could be
changed, but nothing has changed. Most of the fees we're
actually charging are aL Lhe top end of the range allowable.
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The only one I can think of that the Court could take action
on to increase would be the amount of money that are given
to jurors as compensation for expenses. We pay $6 per day
or part -- fractional day for people who are sitting on the
panel, but who are not selected, and then $15 a day or part
of a day to people who are put on the jury. That range for
both the people who sit on the panel, are not selected, and
the jurors who are selected is anywhere from $6 to $30 per
day or portion thereof. So --
COMMISSIONER BALDWIN: This court-appointed
attorney Tee, is that the appointed attorney that represents
the client?
MR. MOTLEY: The patient.
COMMISSIONER BALDWIN: All right. And then
you have a tee in here somewhere, do you not?
MR. MOTLEY: There's a fee, yes. Well,
it's -- no, it is not for me. It is not for me; it's a
court cost that is assessed against the counties. It's a
fee for my services, but it's assessed as a court cost to
the counties where the person is a resident, and it goes to
the Clerk's office and, 1 guess, the General Fund.
COMMISSIONER BALDWIN: I understand. That's
what I meant. I didn't mean to point fingers at you
directly. So, all those things didn't change? Those
numbers didn't change?
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MR. MOTLEY: No, nothing changed, but it does
say that they should be approved on a regular basis.
COMMISSIONER BALDWIN: I didn't understand
what the holdup was. To me, it's part of the program.
MR. MOTLEY: I think --
JUDGE HENNEKE: The County Attorney has
raised the issue -- he's either telling us that we have to
do the fees separately, or he's te_ling us that it's okay to
do them this way, and we're waiting for him to tell us which
way it is.
MR. MOTLEY: Well, I actually just brought
it -- I wanted to bring it to your attention to let you
know. This is something that I thought we talked about or
raised by memo. The statutes do contemplate that the Court,
you know, set these fees or approve these fees on an annual
basis, and I think that the language of that motion -- the
fees are part of this, and I think the language of the
motion is -- I don't know what -- you know, if it
specifically was brought up. It could be made broad enough
to include those fees in this context.
COMMISSIONER LETZ: So, if the motion
specifically mentions fees, it's okay.
COMMISSIONER WILLIAMS: lnclusive of fees aS
presented to the Court.
COMMISSIONER BALDWIN: Second.

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JUDGE HENNEKE: Motion by Commissioner
Williams -- restated motion by Commissioner Williams to
approve the interlocal agreements -or Mental Health/Mental
Retardation and chemical dependency commitment hearings,
authorize county Judge to sign same, including the fees as
outlined in the proposed interlocal agreement. Any further
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.l
JUDGE HENNEKE: Opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
MS. PIE PER: Thank you.
JUDGE HENNEKE: Next item is Item Number 6,
consider and discuss a request for approval of two
reclassified and one combined job classification. Linda
Uecker.
MS. DECKER: Good morning.
JUDGE HENNEKE: How are you doing, Linda?
MS. UECKER: I'm fine. I'm getting better
every day.
JUDGE HENNEKE: Good. That's what we like to
hear.
MS. UECKER: Okay. As per your previous
handout that 1 sent to you regarding this request, I
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currently have eight staff positions, and one is a chief,
chief deputy ar.d administrative -- two administrative clerks
and three court clerks, two seniors, and one senior records
clerk, which would fall in that same category. And what I
am intending to do, I just had another of my longtime
administrative clerks retire, and rather than refilling that
position, I want to combine that position with the senior
ar_counting clerk, then bring that position back down to an
entry level, is basically what it is. However, back when --
years ago, there was a position as a 15 in the District
Clerk's Office, and somehow in that very first -- I think it
was Allison and Associates' salary study, it got lost in
there, so what we're left with is either entry level or
administrative. And there is a big gap between that, as far
as monetary issues, which is not fair to the County.
Then you also look at the employee side of
it; that person has no room for -- to grow into an
administrative position except to be moved directly into
that. In other words, what I'm saying is that gap is way
too big between entry level and administrative. So, what
I'm proposing that the Court allow me to do is create two
administrative -- I mean, senior clerk positions, or two

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court clerk positions, is what it is. Because right now I
do have two staff members that are in a semi-supervisory --
where they train certain staff, whereas someone at an entry
level would not. I do not want to raise them all the way up
to administrative, because they're not at that -- they're
not there in their career in my office. So, I think it
would be a good move, both for the County and that person,
or those -- those two people.
On the advice of Judge Henneke, I went to the
personnel officer and we came up with some job descriptions,
which are attached to the handout. And, as a matter of
fact, most of that information that I put in those -- those
15, or the court clerk positions, came from the previous 15
that I happened to have a copy of from way back when they
did e>:ist. This does not in any way impact the budget. As
a matter of fact, it may have somewhat of a negative impact,
as far as it will be a little bit less than it was this last
year. But it's basically combining two administrative
positicns into one, and then bringing one oT those -- or one
of those and one of the lower up to a 15, which is somewhat
of a mid-point.
JUDGE HENNEKE: Does anyone have any
questions of Linda?
COMMISSIONER BALDWIN: Do -- and all this
fits the study that we did? I mean, there's such a thing as
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senior clerks and court clerks and --
MS. DECKER: Yes.
COMMISSIONER BALDWIN: -- and all that?
MS. DECKER: Yes. Mm-hmm.
COMMISSIONER BALDWIN: I think it's probably
a good exercise.
JUDGE HENNEKE: I think it's a good exercise.
I think one cf the things that we discovered when we did the
Nash study was we didn't have the intermediate steps ~n 1_he
departments.
MS. DECKER: Right.
JUDGE HENNEKE: And this is a way to give
more of a ladder to the employees in Linda's department, and
she's done it with no budget impact.
COMMISSIONER GRIFFIN: I move we approve the
request as submitted.
COMMISSIONER BALDWIN: Second.
JUDGE HENC7EKE: Motion by Commissioner
Griffin, second by Commissioner Baldwin, that the Court
approve the reclassification of employees in the District
Clerk's Office and the ~cb descriptions which would go along
with the new positions. Any questions or comments? If not,
all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
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JUDGE HENNEKE: Motion carries. Thank you,
Linda.
MS. UECKER: Thank you. And I don't own
Indian Creek Dam, either.
COMMISSIONER BALDWIN: Who does?
DODGE HENNEKE: City of Ingram, hopefully.
Next item is Item Number 7, consider and discuss a new hire
at a 12/3 position, as opposed to a 12/1 position. Paula?
MS. RECTOR: Okay. This position is
currently funded at a 12/5, and the person that I've hired
to fill this position was previously employed with me and is
cross-trained, so I'm requesting that she be brought in at a
12/3 instead of entry level 12/l, since she's already
experienced.
COMMISSIONER GRIFFIN: Just curious. What
position is that?
MS. RECTOR: It's in my Voter Registration
Department.
COMMISSIONER LETZ: I don't have any problem
with it.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
DODGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Baldwin, that the Court
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approve that the Tar, Assessor/Collector hire the new person
in the Voter Registration Department at a 12/3 as opposed to
a 12/1.
MS. RECTOR: Thank you.
JUDGE HENNEKE: Questions or comments? Zf
not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: Opposed, same sign.
(No response.)
MS. RECTOR: Thank you.
JUDGE HENNEKE: Thank you, Paula. Next item,
Item Number 8, consider and discuss a job description for
the address coordinator for Kerr County, part-time position,
and the process for hiring an individual to fill the
position. Commissioner Griffin.
COMMISSIONER GRIFFIN: Yes. This is the job
description. I'm sorry that everybody didn't get their
copies until somewhat late in the process, but we had to
transcribe -- get this into our format. This is kind of
what the address coordinator will do, and it's been
coordinated with 911. They think it's a good description of
what that function will be. It'll be part-time, no
benefits. The money's in the budget.
JUDGE HENNEKE: For next year.
COMMISSIONER GRIFFIN: For next year,
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beginning 1 October. And I would propose that we advertise
this position and try and make that selection by October --
early October, as soon as we can.
JUDGE HENNEKE: I would presume you and
Commissioner Baldwin are going to be the ones that make the
recommendation?
COMMISSIONER GRIFFIN: Absolutely.
COMMISSIONER BALDWIN: Absolutely. That
we're Going to do what?
J:7DGE HENNEKE: Make the recommendation.
COMMISSIONER BALDWIN: Absolutely. I'll
second anything you want to --
COMMISSIONER GRIFFIN: So, I'll make a motion
that we accept the job description as presented. And, by
the way, Barbara, thank you for getting this into our
format. Barbara's reviewed it.
MS. NEMEC: You're welcome.
COMMISSIONER GRIFFIN: Gone through it from
the persorr.e1 side.
MS. NEMEC: Commissioner Griffin, there was
one thing that you asked about, if we should include
part-time on here; I said it wasn't necessary. What I'm
going to dc, if it's okay with the Court, on the position
schedule, where I put "exempt," instead of exempt, I'm going
to put part-time on there, so that will clarify that it is a
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part-time position.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Baldwin, that the Court
approve the job description for the address coordinator for
Kerr County as presented, authorize advertising, and empower
Commissioner Griffin and Commissioner Baldwin to make a
recommendation to the Court early in October as to the
individual to fill the position. Any questions or comments?
COMMISSIONER GRIFFIN: Just a quick question.
Barbara, will you do that advertising? Will you do the
submission of that?
MS. NEMEC: I can if you would like me to.
COMMISSIONER GRIFFIN: Would you?
MS. NEMEC: Sure, okay.
COMMISSIONER GRIFFIN: That would be great.
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.)
DODGE HENNEKE: Motion carries. One
remaining item, gentlemen. Item Number 13, consider and
discuss adoption of the 2002-2003 tax rate for the Lake
Ingram Estates Road District. Commissioner Griffin.

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COMMISSIONER GRIFFIN: Yes. This is one of
the things that we should have included, but did not, and
Tommy caught it, in our earlier budget stuff. But we do
have to set the tax rate for the Lake Ingram Estates Road
District. You'll see in the -- in the pages that -- and
back up there that -- and, by the caay, I've noticed that our
-- that the assessed values there has really come up quite
well since the last go-around, and I think we'll continue to
see that over the next several years. On the first page of
the backup, it shows the calculations that Tommy's made, and
that to cover 2002-2003 payment, we need a rate of 1.0445,
and I would move that we pass that -- adopt that tax rate.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Griffin, second by Commissioner Letz, that the Court adopt a
tax rate for the Lake Ingram Estates Road District for
Fiscal Yeas 2002-2003, of 1.0945.
COMMISSIONER LETZ: What is it right now?
JUDGE HENNEKE: 46.
COMMISSIONER GRIFFIN: Yeah. That was
because we had excess funds. If you'll recall, we had some
funds left over from the bond issue. So we could have a
lower rate in *hat first year, we essentially used that
excess to pay part of that first payment.
MR. TOMLINSON: This -- the rate that I
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calculated is based on the assumption that -- that we --
that we collected 100 percent of our assessments, so that --
COMMISSIONER GRIFFIN: Which I think we did.
MR. TOMLINSON: We did the prior year. But I
-- just for your information, that's -- that's the
assumption I made.
JUDGE HENNEKE: Okay.
MR. TOMLINSON: And one cent earns us about
$200, so if -- if you want -- if you think that we're ~~lose
enough, then that rate's fine, so that's the Court's call.
DODGE HENNEKE: We have a motion and a
second. 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.)
DODGE HENNEKE: Motion carries. Gentlemen,
we've done it once again.
COMMISSIUNEH BALDWIN: I know. I know it.
With six minutes to spare.
JUDGE HENNEKE: IT there's nothing else to
come before us, we stand adjourned.
(Commissioners Court. adjourned at 11:53 a.m.)
5- ~9-yam
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STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a Prue and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 13th day of September,
2002.
JANNETT PIE PER, Kerr County Clerk
BY : _____ ~~'~
Kathy anik, D p ty County Clerk
Certified Shorthand Reporter
~, ~ -
ORDER NO. 27726
~%
CLAIMS RND ACCOUNTS
On this the 9th day of September, 2002, came to be considered
by the Court various Commissioners precincts, which said
Claims and Accounts ar^e:
10-Senral for^ f105,862.81; 14-Fire Protection for 58,333.33;
SS-Road & Br^idge for $23,866.56; 19-Public Librar^y for
551,4:,5.33; 23-Juvenile State Aid Fund f.or^ 51,650.00; 27-Juv
Intensive Prog-State Aid Fund for 8439.50; 31-Par^ks for•
5700.00; 50-Indigent Health Care for• 52,935.06; 83-State
F~_inded 216th Dist Rttor•ney for^ 5940.42; 86-State Funded 216th
Dist Prob for^ 52,889.82; 87-State Funded-Comm~_inity Cor^rections
for 56,115.91.
TOTAL CRSH REQUIRED, RLL FUNDS: 5205,168.74.
Upon motion made by Commissioner- Baldwin, seconded by
Commissioner- Williams, the Court unanimously appr^oved by a
vote of 4-0-@, to pay said acco~_ints.

DRDER NO. c77~7
E~UDGET AMENDMENT IN
NON-DEPARTMENTAL
Dn this the 9th day of September, c00~, upon motion made by
Commissioner Lets, seconded by Commissioner Griffin, the Cour^t
unanimously approved by a vote of 4-0-0, to tr•ansfer^ 8760.00
from Line Item No. 10-409-~0:i Liability Insurance, 838.90
from Line Item No. 10-409-400 Independent Audit, 53'31.76 from
Line Item No, 10-40'3-571 Contingency, to Line Item No.
10-409-564 Mainframe Maintenance.
~/
ORDER NO. X7726
BUDGET RNENDNENT IN
JUSTICE OF THE pEACE #1
On this the `dth day of September, 2S0c, upon motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, to tr•ansfer•
817.4 from Line Item No. 10-4~~-4`0 Telephone, to Line Item
No. 1@-45~-310 Office Supplies.
l
~..

GRDER N0. 277c9
BUDGET RMENDMEN-f TN
198TH RND c16TFi DISTRICT COURT"S
0n this the 9th day of September^, c00^c, i-rpon motion made by
Commissioner- Williams, seconded by Commissioner 6r-iffin, the
Coy-rrt unanimously approved by a vote of 4-0-0, to tr-ansfer
~48.0f~ from Line Item No. 10-435-485 Confer°ence, to Line Item
No. 10-435-315 Books--F'ublications-Dues; 8273.0 from Line Item
No. 10-436-485 Conference to Line Item No. 10-436-315
Books-Publications-Dues.
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ORDER NU. c7730
PUDGE'f AMENllMENT IN
COURTHOUSE RND RELRTED PUILD'Ii~G5
^n this the 9th day of Sep~tember•, c00:, ~_ipon motion made by
Commissioner Gri'Ffin, seconded by Commissioner Let z, the Coi_irt
unanimously approved by a vote of 4-0-0, to transfer 'b:,13c^^. 63
from Line Item No. 1@-.°,10-470 Leasehold Improvement to Line
Item No. 10-510-400 Trash Service.
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ORDER N0. ~"l7a•1
~.
PUDGET RMENDMENT IN
COUNTY COURT Al' LAW
~) On this the 3th day of September, '~N~c, upon motion made 6y
Commissioner- Let z, seconded by Commissioner^ Griffin, the Caurt
unanimously approved 6y a vote of 4-a-0, to tr•ansfer^
X3,549.00 from Line Item No. 1~-G14~-470 Leasehold
Improvements, to Line Item No. 10-427-4~D2 Court Rppointed
Attorney.

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ORDER N0. X77:32
BUDGET AMENllMENT IN
CDUNTY L'OURT
On this the 9th day of September, 2002, ~_ipon motion made by
Commissioner- Letz, seconded by Commissioner Williams, the
Co~_ir-t unanimously approved by a vote of 4-0-0, to transfer
X925.00 from Line Item No. 10-510--470 Leasehold Improvements
to Line Item No. 10--42E,-402 Co~_ir•t Appointed Attorney,

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ORDER NO. X77:;3
BUDGET AMENDMENT IN JUSTICE OF Tf-IE PEACE #
On this the ~3th day of September, cN~Dc, upon motion made by
Commissioner Williams, seconded by Commissioner- Lets, the
Co.-ir^t unanimously appr^vved by a vote of 4-0-iD, to transfer
'bc~9. i8 from Line Item No. 10--456-49~ Miscellaneo~.is, ~~0@. Q~~
from Line Item No. 1~-456-456 Machine Repairs, to Line Item
No. 10-456-31Q~ Office S~.ipplies; ?340.0 from Line Item No.
10-456-485 Conferences to Line Item No. 10-456-563 Software
Maintenance.

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URDER NU. 27734
BUDGET AMENDMENT IN 198TH DISTRICT CUURT
RND 216TH DIS"f"RICI" COURT"
Un this the 9th day of September, 200'2, upon motion made 6y
Commissioner Williams, seconded by Commissioner Griffin, the
Co."ir•t unanimously appr^oved by a vote of 4-0-0, to declare an
emergency and tr^ansfer 815,745.78 from Fund #10 Surplus Fund
with 82,.657.00 to Line Item No. 10-435--40c' Court Rppointed
Rttor•ney, 81,550.00 to Line Item No. 10-436-401 Court
Appointed Services, 81,3k1.90 to Line Item No. 10-436-402
Court Rppointed Rttorney, and 810,196.88 to Line Item No.
10-436-417 Special Trials.

ORDER N0. 27735
BUDGET flMENDMENT IN COUNTY JALL
AND SHERIFF'S DEpRRTMENT
~n this the 9th day of September, ~@02, upon motion made by
Commissioner Baldwin, seconded by Commissioner Griffin, the
Court unanimously approved by a vote of 4-@-@, to tr^ansfer
3i2,5@0.00 from Line Item No. 10-512-i04 Jailer Salaries,
34, 358. 4,:, from Line Item No. 10-512-106 N~_irses, 31, 00@. @@ from
Line Item No. 1@-512-107 Clerk Salary, 342@. 76 from Line Item
No. 10-512-1@8 Part-Time Salary, 31, 502.6 from Line Item No.
10-560-i04 Deputies Salaries, with 318,179.29 to Line Item No.
10-512-333 Gr^isoner• Medical, 31@9.90 to Line Item No.
10-Sit-22@ Employee Medical Exams, $749.99 to Line Item No.
10-560-454 Vehicle Repairs ~ Maintenance, and 3752.63 to Line
Item No. 10-560-461 Lease Copier-.


ORDER NO. c7736
BUDGET AMENDMENT IN TAX OFFICE
~'
On this the 9th day of September, ~OVJ~, i.ipon motion made 6y
Commissioner Griffin, seconded by Commissioner Baldwin, the
Court unanimously approved by a vote of 4-0-0, to tr^ansfer•
415.00 from line Item No. 10-499-4,~,E Machine Repairs to Line
Item No. 10-499-20E Bonds & Incur^ance.

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ORDER NO. X7737
BUDGE.'f Rh1ENDNEN"f IN COUNTY CLERK.
On this the 9th day of September-, c0G0, upon motion made by
Commissioner Gr^iffin, seconded by Commissioner- Let z, the Court
unanimously approved by a vote of 4-0-0, to transfer ~69Q.90
from Line Item No. 1~D-4C~3-063 Software Maintenance, L•o Line
Item No. i@-4G3--461 Cease Copier.
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ORDER NO. 27738
PUDGET RNENDNEN'f IN CONSTRPLE pRECINCT #3
~' On this the 9th day of September, c@@2, upon motion made by
Commissioner^ Lets, seconded 6y Commissioner- Gr-iffin, the Court
unanimously approved by a vote of 4-@-@, to tr-ansfer^ 37.@@
fr-om Line Item No. 1@-553-48@ Vehicle Ins~.ir^ance, 329.54 fr-om
Line Item No. 1@-55,3-42@ Telephone, 321.@@ fr^om Line Item No.
i@-553-499 Niscellaneo~_rs, to Line Item No. 1@-553-331
Gasoline.

ORDER N0. 277?,9
AMENDMENT IN CRGITAL DUTLRY - RDAD AND RRIDGE
Dn this the 9th day of September, :'002, upon motion made by
Commissioner Gr-iffin, seconded 6y Commissioner^ Letz, the Co~.ir•t
unanimously approved by a vote of 4-0-0, to amend the Capital
Outlay List for' 2001/2002 R~.idget for• Road and Rr^idge, and
to purchase a new 7500 pound capacity trailer^.
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ORDER NU. 2774@
RUD~ET AMENDMENT 1N TAX ASSESSOR - COLLECTOR
On this the 9th day of September^, 2@@2, upon motion made by
Commissioner Williams, seconded by Commissioner- Let z, the
Court unanimously approved try a vote of 4-@-@, to transfer
~d,@@@.@0 from Line Item No. ii?i-499-309 postage. The Co~_inty
Auditor and County Treasurer^ are her^eby authorized to write a
hand check in the amount of ~8,@@@.@@ payable to Tax Assessor
- Collector.

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ORDER NU. c7741
E~UDGET AMENDMENT IN DISTRICT CLERF;
Un this the 9th day of September, 2002=, ~_ipon motion made by
Commissioner Paldwin, seconded by Commissioner- Griffin, the
Co~_ir•t unanimously approved by a vote of 4-0-0, to tr•ansfer-
820.46 from Line Item No. 10-450-•216 and X70.74 from Line Item
No. 10-450-485, for- r-eimbur-cement fvr• Confer-ence Expense. The
Co~_inty A~.iditor• and County 'fr•easur•er ar•e hereby authorized to
write a hand check in the amount of 491.20 payable to Carrie
wnitt.

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ORDER N0. X7742
BUDGE"f RNENDMENT IN DISTRICT CLERfS
On this the 9th day o'F September, 2~~2, ~"ipon motion made by
Commissioner Williams,""seconded:by Commissioner Baldwins the
Court unani~aously approved by a vote of 4-0-0, to transfer
5125.7,: from Line Item No. 10•-453-485 Reimbursement for•
Workshop Expense. The County Ruditor and Co~•mty Treasurer are
hereby authorized to write a hand check in the amount of
5125.7:, payable to Linda Uecker.
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ORDER N0. c7r~r,3
RF'pROVE RNll RCCEGT MONTHLY REPORTS
	Un this the	9th day of	September,	c@@^c, upnn motion	made	by
	Comnissioner•	Baldwin,	seconded by	Commissioner- Lets,	the	Co."rr•t
unanimously approved by a vote of 4-@-@, to accept the
following reports arrd dir^ect that they be tiled with the
Co."mty Clerk for f~_ct~"rr^e audits:
William Hier•holzer•, Sheriff
Monthly Repor^t s, J~_rne, July, August, c@@~

ORDER NO. :'_7744
RF'F'ROVRL "f0 CRNCEL BURN PRN
On this the `nth day of September, c002, upon motion made by
Commissioner Letz, seconded by Commissioner^ Gr^iffin, the Cvurt
unanimously approved by a vote of 4-0-0, to cancel the Rur•n
Ran effective immediately,
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ORDER N0. E7'74S
SET pURLIC NEARING ON PUDGET
On this the 9th day of September, EOOE, upon motion made by
Commissioner^ Letz, seconded by Commis>ioner• Griffin, the Co~.ir•t
unanimously approved by a vote of 4-0-0, to set a p~ablir_
Hear•iny on the adoption of FY 0E-47,:, PudgeL- for September :3,
EGO:' at 10: i5 a. m.

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ORDER N0. X7746
AF'GROVE EXECUTION OF TWC AGREEMENT AMENDMENT
On this the Sth day of September, ~00c, upon motion made by
Commissioner- Williams, seconded by Commissioner- Lett, the
Cour-t unanimously approved by a vote of 4-0-D, the execution
of Te><as Worl~for^ce Commission <TWC> Child Care 4,_ocal
Initiative Agreement Amendment #~4~02L'CC~04~, F'rogr-am #08c20C0:,,
and a~_ithor-ized County Judge to sign the same.
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ORDER NO, c7747
RF'PRDVE QUIT CLAIM FROM N.ERR COUNTY
TO CITY OF INGRRM AND
APPROVE CONI"RIRUTIDN FDR REPAIRS
On this the '3th day o~f September, c00c, ~"ipon motion made by
Commissioner Griffin, seconded by Commissioner Let<, the Court
unanimously approved by a vote of 4-@-0, to authorize
exec~_rtivn of a quitlaim deed from Kerr County to the City of
Ingram for• the interest of Ker•r^ Co~.~nty, if any, in the Indian
Creek Dam, and that, Ker•r• County contrib~.~te 817,500.00 for
repairs to that str^ucture, to be shown as a line item in the
Flood Cantr•ol Fund in ~00~1c003 budget.

ORDER N0. 27748
SET PUBLIC HERRING ON TAX RATE
Gn this the 9th day of September, 2002, upon motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, to set a Public
Hear•ir~g on the adoption of Fiscal Year• 2002-200,:, Tax Rate fur•
September- c:3, 2002, at 10:30 a. m.


ORL'ER NU. 27749
RPPROVE RESOLUTION IN SUPPORT
OE UPPER GURDRLUPE RIVER RUTHORITY

On this the 9th day of September! 2002, upon motion made by
Commissioner Let z, seconded by Commissianer^ Williams, the
Co~.~rt approved by a vote of 3-0-1, with Commissivner^ Baldwin
abstaining, to adopt the Resolution in Suppor^t of Upper
Guadalupe River Ruthor^ity, as pr^esented by Cammissioner^ Let z.
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ORDER N0. ~77~0
RPPROVE INTERLQCAL flGREEMENT
FOR COMMITMENT 4iEARINGS
AT KERRVILLE STATE HOSPITAL
Dn ttris the 9th day of September, SOVJ~, upon motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the
Court unanimously approved by a vote of 4-0-0, the Inter local
Agreement For• Mental Health, Mental Retardation and Chemical
Dependency Commitment Hearings at Ker^r•ville State Hospital,
including the fees as outlined in the proposed inter local
agreement, and author•i~e County Judge to sign same.
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ORDER N0. c'"7751
RF~PROVE RE-CLRS SIFICATTON OF TWO POSITIONS
IN DISTRICT CLERK°S OFFICE
On this the 9th day of September^, ~@@2, upon motion made by
Commissioner Gr•iffin~ seconded by Commissioner I3aldwin, the
Co~.ir^t unanimously approved by a vote of 4-@-@,
r^e-classification of employees in the District Clerk°s Office
and the job descriptions which wo~_ild go along with the new
positions.

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ORDER NO. 27752
RPF'ROVE NEW HIRE IN TRX RSSESSOR-COLLECTOR
	On this the	3th day of	September,	2002, upon motion made	by
	Commissioner	Williams,	seconded by	Commissioner Baldwin,	the
Court unanimously approved 6y a vote of 4-0-0, that the Tax
Rssessor/Collector hire the new person in the Voter
Registration Department at a 12/3 as opposed to a 12/1.
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ORDER NO. 7753
^ RPPROVE JDR DESCRIPTION FOR RDDRESS COORDINATOR
On this the `3th day of September, DV3Gc, upon motion made by
Commissioner- Griffin, seconded by Commissioner- Paldwin, the
Court unanimously appr^oved by a vote of 4-@-0, the job
description for- the Address Coordinator for Kerr County, as
pr^esented, and a~_rthor^i~e adver^tising, and empower Commissioner
Griffin and Commission Baldwin to make a recommendation to the
Caur-t ear^ly in October as to the individual to fill the
positiarr.

ORDER NO. X7754
RPF'ROVE ADOPTION OF c00c-c002, TAX RA"CE
FOR LAKE INGRRN ESTATES ROAD DISTRICT

On this the 9th day of September-, c00S, upon motion made by
Commissioner^ Griffin, seconded by Commissioner Let z, the Co."ir~t
unanimously approved by a vote of 4-0-0, the adoption of the
^c~P02-cQ~03 Tax Rate of 1.0445, for Lake Ingr^am Estates Road
i District.