Order No. 28391
PROPOSED OSSF RULES AND REGULATIONS LETTER TO TCEQ
On this the 3ra day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to authorize Judge Tinley to send a letter to TCEQ that contains working that Kerr
County is the ONLY authorized agent for OSSF Matters for Kerr County, except for
those areas within incorporated municipalities.
S~P~ E ~p ~
o~nry o~,~e
OUNTY JUDCE
PAT TINLEY
OMMISSIONERS COURT
H.A. "BusTER" BALDWIIV, PCT. I
WILLIAM °BILL° ~~~ILLIAMS, PCT. 2
JONATHAN LETZ, PCT. 3
DA\'E NICHOLSON, PCf_ S
THE COUNTY COURT
of
KERB COUNTY, TEXAS
700 MnIN IIIiRRYILLP., Tt:xns 78028
Tra_ (830)792-2211
Fnx:(830)792-2218
E-Mnu.: kertcocc n ktccam
November 6, 2003
Kenneth L. Graber
TCEQ
On-Site Wastewater Program
P.O. Box 13087
Austin, Texas 78711-3087
Re: Order Adopting Rules of Kerr County
Dear Mr. Graber:
On behalf of Kerr County Commissioners' Court, I enclose herewith Order
Adopting Rules of Kerr County, Texas, for On-Site Sewage Facilities, the same having
been adopted by the Commissioners' Court of Kerr County on November 3, 2003.
Attached to the Order are various other document required by your office. The Order is
forwarded to you for your review and approval and confirmation of such approval to
Commissioners' Court of Kerr County which we would ask be accomplished at the
earliest possible time.
It is the understanding of the undersigned and the present position of Kerr County
Commissioners Court that the Commissioners Court of Kerr County is the ONLY
authorized agent for OSSF matters for Kerr County, except for those areas within
incorporated municipalities. If this understanding and/or position is incorrect in any
manner, I would ask that you immediately notify this office in writing to that effect.
CLERK
JANNETT PIEPER
COURT COORDINATOR
THEA SOVIL
Yours vei trul ,
Pat Tinley
County Judge
~ ~
Enc. 1 y ~ ~0 03
~~
T~32 ~/~
:.~~~ ~~
Kerr County Judge/Commissioners' Court
From: "Ken Graber" <KGRABER~tceq.state.tx.us>
To: <kerrcocc@ktc.com>
Sent: Thursday, November 06, 2003 6:20 AM
Subject: Re: Order Adopting Rules
We need the following:
1. Publisher's affidavit
2. Copy of public meeting notice from newspaper.
3. Certified copy of order
4. Certified copy of minutes in which the order was adopted
you do not need to send the rules (30 TAC 285) or law(Chapter 366).
Ken
»> "Kerr County Judge/Commissioners' Court" <kerr_cocc cr ktc.com> 11/05/03 03:21PM »>
Ken: I am putting together a packet to submit to TCEQ. Please give me a list of exactly what all I need
to submit. So far I have the affidavit from the newspaper with tear sheet announcing the public hearing.
Certified court minutes of the order approving for public hearing, publich hearing and order adopting.
Do I need to include the Title 30, Chapter 285 and Chapter 30 and the applicable portion of Chapter
366? Please let me know. Thea Sovil, Kerr County Commissioners' Court Coordinator
11/6/2003
STATE OF TEXAS §
COUNTY OF KERB §
AFFIDAVIT
Before me, the undersigned authority, personally appeared who, being by me duly
sworn, deposed as follows:
My name is Jannett Pieper, I am of sound mind, capable of making this affidavit,
and personally acquainted with the facts herein stated.
I am the custodian of the records of the County Clerks Office for the County of
Kerr, Texas. Attached hereto are FouR (4-) pages of records known as
(Order) 2 8 3 9 0 The records are kept by me as County Clerk,
County of Kerr, Texas, in the regular course of business with knowledge of the act, event,
condition, opinion, or diagnosis, recorded to make the record or to transmit information
thereof to be included in such record; and the record was made at or near the time or
reasonably soon thereafter. The record attached hereto is the original or exact duplicate
of the official record.
leper, o y erk
BEFORE ME, the undersigned authority, a Notary Public in and for said Coumy, Texas,
on this day personally appeared Jannett Pieper, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledge to me that she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 day of November
. 2003.
Notary/Public, State of Te
My commission expires:
~'H~e- sov~~
NOtAlty M~LIC ETA1E OF 1QAE
'~a~ CONMIEt10N EI~IREE:
MARCH 10, 2007
ORDER NO. 28390
ORDER ADOPTING RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
PREAMBLE
WHEREAS, the Texas Commission on Environmental Quality has established Rules for
on-site sewage facilities to provide the citizens of this State with adequate
public health protection and a minimum of environmental pollution; and
WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety
Code, Chapter 366, which authorizes a local government to regulate the
use of on-site sewage facilities in its jurisdiction in order to abate or
prevent pollution or injury to public health arising out of the use of on-site
sewage facilities; and
WHEREAS, due notice was given of a public meeting to determine whether the
Commissioners Court of Kerr County, Texas should enact an order
controlling or prohibiting the installation or use.of on-site sewage facilities
in the county of Kerr, Texas; and
WHEREAS, the Commissioners Court of Ken County, Texas finds that the use of on-
site sewage facilities in Kerr County, Texas is causing or may cause
pollution, and is injuring or may injure the public health; and
WHEREAS, the Commissioners Court of Ken County, Texas has considered the matter
and deems it appropriate to enact an Order adopting Rules regulating on-
site sewage facilities to abate or prevent pollution, or injury to public health
in Ken County, Texas.
NOW, THEREFORE BE IT ORDERED BY THE COMIVIISSIONERS COURT OF
KERR COUNTY TEXAS:
SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby
found and determined to be true and correct;
SECTJ~4N 2. THAT the use of on-site sewage facilities in Kerr County, Texas is causing
;,:.
or may cause pollution or in injuring or may injure the public health;
`SE~1113. THAT an Order for Kerr County, Texas be adopted entitled "On-Site
Sewage Facilities", which shall read as follows:
ATE Opr
• .
A Certified COPY
-Page _~. of
~- Attest• Jannett Pieper, Kerr County Clerk _
S.` - ;~°~''~'.t~4`;~t- +`b6,=,~W^t' "rte'",~ ., t~ ~ 4 a... '.`'~~,~t ,' 9 7 ..
AN ORDER ENTITLED ON-SITE SEWAGE FACILITIES
SECTION 4. CONFLICTS
This Order repeals and replaces any other On-Site Sewage Facility order
for Kerr County.
SECTION. 5 CHAPTER 366
The County of Kerr, Texas understands that there are technical criteria,
legal requirements, and administrative procedures and duties associated
with regulating on-site sewage facilities, and will fully enforce Chapter 366
of the Texas Health and Safety Code (H&SC) and Chapters 7 and 37 of the
Texas Water Code (TWC), and associated rules referenced in Section 8 of
this Order.
SECTION 6. AREA OF JURISDICTION
(A) The Rules shall apply to all area lying in Kerr County, Texas,
except for the area regulated under an existing Rule and the areas within
incorporated cities.
(B) (OPTIONAL) These Rules shall apply to those incorporated cities
or towns that have executed Intergovernmental contracts with Kerr
County, Texas.
SECTION 7. ON-SITE SEWAGE FACILITY RULES
- Any permit issued for an ~on-site sewage facility within the jurisdictional
area of Kerr County, Texas must comply with the Rules adopted in Section
8 of this Order.
SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED
The Rules, Title 30 Texas Administrative Code (TAC) Chapter 285 and
Chapter 30, attached hereto, promulgated by the Texas Commission on
Environmental Quality for on-site sewage facilities are hereby adopted, and
all officials and employees of Kerr County, Texas having duties under said
Rules are authorized to perform such duties as are required of them under
said Rules.
SECTION 9. INCORPORATION BY REFERENCE
The Rules, 30 TAC Chapters 30 and 285 and all future amendments and
revisions thereto are incorporated by reference and are thus made a part of

A~ ~_
~~_ ° ofp~.._.._. -
_ , AtUcst: Jannett:Pietaer"Cr.~
.~~,-~e .
these Rules. A copy of the current Rules are attached to these Rules as
Appendix 1.
SECTION 10. DUTIES AND POWERS
The OSSF Inspector of Kerr County, Texas, must be certified by the Texas
Commission on Environmental Quality before assuming the duties and
responsibilities.
SECTION 11. COLLECTION OF FEES
All fees collected for permits and/or inspections shall be made payable to
Ken County, Texas.
SECTION 12. APPEALS
Persons aggrieved by an action or decision of the designated representative
may appeal such action or decision to the Commissioners Court of Kerr
County, Texas.
SECTION 13. PENALTIES
This Order adopts and incorporates all applicable penalty provisions related
to on-site sewage facilities, which includes, but is not limited to, those
found in Chapter 341 and 366 of the Texas Health and Safety Code,
Chapters 7, 26, and 37 of the Texas Water Code and 30 TAC Chapters 30
and 285.
SECTION 14. SE'VERABILITY
It is hereby declared to be the intention of the Commissioners Court of
Ken County, Texas, that the phrases, clauses, sentences, paragraphs, and
sections of this Order should be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this Order, since the same would have
been enacted by the Commissioners Court without incorporation in this
Order of such unconstitutional phrases, clause, sentence, paragraph, or
section.
SECTION 15. EFFECTIVE DATE
This Order shall be in full force and effect from and- after its date of
approval as required by law and upon the approval of the Texas
Commission on Environmental Quality.
- -
- -:- _ ..
A Cottified Copy
-- -
r 46~~ ~~~Atxest• Jartnett PieperKar
!.:Clock
AND IT IS SO ORDERED:
PASSED AND APPROVED THIS DATE OF ~Q-w/ 2003.
APPROVED:
~`~S~ONERS c
OG
o~ `~~~
~X~ . ~
~F99 C ~t,'~}~-
O~~
ounty Judge
ATTEST:
.`~ ~ ~
C my Clerk
'crlis doc~aaait to w61d~ Adt eaeeeaM
i~ affi~ced is a h4 tree and oaerax oop~
of tfie aisiad a 6N and of wooed L
TE p
A Certified Copy
Page ~ of ,~
Attest: Jannet- ~~?ner Ken County Clerk
~.
TMTrvRM
AFFIDAVIT OF PUBLICATION
The State of Texas:
The County of Kerr:
I, Grea Shrader, publisher of the Kerrville Daily Times, a newspaper published in
the County of Kerr, State of Texas, do swear that the foregoing and attached
;citation was Published in Kerrville, Ken- County, Texas, a newspaper of general
circulation published regularly in said Kerr County, Texas for more than one year
before this date on the following dates wit:
~G.-~o 6 e ~ ~ , 2003
~, 2003
2003
2003
A printed copy of said writ as it was published is attached hereto as a part hereof.
G----'
eg Shrader ~-
Publisher of THE KERRVILLE DAILY TIMES
- fKernrvitle, Kerr County, TX
Swom to and subscribed before me b~the said Gre hrader, Publisher of the
Kerrville Daily Times, on this the~_ day of ~.D. 2003, to certify
which witness my hand and seal of ofFce.
~~ ~-
otary Public,
Kerr County, Texas
PRINTER'S FEE '' _~~~~"~"`~:~~:
`	MEG E. GLENN ~¢
l~ _* ~*~	Notary Public, State afTexas
? e	iNy Commission Ex~res
(
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OC7'OBER4, 20G5
	
^r.r•;•a
materials, compact
and irisulation
for electric
heaters.
To qualify for the
program, a customer
must own and reside in
a standard construction
home, have
had KPUB service for
at least one year at
that address, have an
average monthly
energy usage of about
1000 kilowatt hours
and have a monthly
income of about $1000
or less. Preference
will be given to elderly
and/or handicapped
customers.
x M..~`1n-.orfang~rlnes.	
REGISTERED P~IRPIES • -
ifrEelrigent.	$hih='fzu; ~ ,
P~Yen~areryaYailable	Porrter2inian,
fo~_~ilAwingby^a~pt. ?	.:Min;l~adishund
(830)6342818	l'ug;. Min Pincher, - .
•	Min,S~hanuzer,
Etaby Parrots home
~
-	11Vest~Highland
•
'
.: '. , gown; ~ ~.:	..
Temer,Toy
Conures,Pionus, .:
rotlets
Pa	Chihuahua,Chinese
r
..
Loveblyds•267-3580	Crested,Bassett
Hounds,Scotties.
rnelbel®~~~'~"	HAND,RAISED ON
Boston Terrier Pups	OUR RANCH. Call
~~' ~~0)990-0751
Only 2 little girls left.	
Take. a	
scenic drive to.
Leakey: Both	Want to give away
'young black lab mix,
parents on site.	fer cou or ferx:ed
.830-232-6322.	yard. No chain tie up.
FREE -Twin Dos
9	Has been spayed & all
Call 257-2531
shots
/2
Male & Female 2	.
yrs.old. Fled Heeler	11. ANTIQUES 8 FLEA
,: &;blue•hseler,full	MARKETS
size79 r~88ds.	High Brow & Hicks
Call KPUB at 257-. •: ~ ~~-_ ~~ ~ - 5,000 Sq Ft
3050 and mention that ' -FREE, KITTENS ~ Quality Antiques
you are interested in _ _ ~Q~~~Q~Q~~ ' Consignments
applying for the 2003
Weatherizatiori
Program. Applications `
are also available on ,
line ~ kpub:com
Applications will be
accepted througgh
December 1, 2003 for'
this years program.
old
$x".`4911: ,
Rottweiler'.Fu~ +.1 M
2` F; 5 vliks,: ,all . `
377-3089 CeII "
2. PUBLIC NOTICE 2.` PI
Notice of Public::, ~ Hearing
Concerning proposed ;;. •order
adopting rules of Kerr;,County;
Texas for on-site sewage .fac'ilit'ies.
It is the intention of Kerr County
Commissioner's Court to adopt
rules for on-site sevyage~facilities.
Public hearing will':~-~:be on
November 3, 2003 at 1:pm in the
Commissioners' Courtroom Kerr
County Courthouse 700: Main St.
Kerrville, Texas. Citizens may
make their view known at the
public hearing in writing to the
County Judge's Office 700 Main
St. Kerrville, Texas 78028
Kerr County Group Life
& Health Plan
Is accepting Request for Proposals
Bid package may be picked up
on October 31, 2003 at. the
office of B azbara Nemec;" ,
County Treasurer:
Kerr County Courthouse
700 Main St., $A~104
Kerrville, Texas;7$02$ ~"
.,
accepted. 22 Hwy 87
Comfort, Texas
(830)995-4192
- 'Two Antique tunks (2)
$300 each.
. (830)896-2850.
12. GARAGE SALES
1 ST ANNUAL KERB
'-: - COUNTY MENTAL
HEALTH CENTER
'.~ "Proceeds to
benefit client '
activity fund."
Rummage Sale,
Bake Sale & Car
Wash..For donation
of items contact
Angela-257-6553
500-Thompson pr.
SAT Nov 1
gam-5pm
! Family Downsizing
& Moving Sale
Saturday Onty
Sam -1 pm.
1208 Mary Frances
'~ Little of Everything
3 Family G. Sale
Everything priced
to sell. BARGAINS
GALORE!
8-Noon SAT
954 Prescott
3 Family Garage
Sale Nov 1, SAT 8-?
221 Rawson St.
Antique fum,
household items,
clothes,
knick knacks.
BENEFIT SALE .
for Sheila Hatch
2950 Goat Creek
Rd. KOA Camp
Ground Space p
8a-? SATURDAY
Furn.; brie a brae.
~ vu. rr nc~caa as
Sidney Baker behind
Capital Farm Credit
Bank. SAT 7:30am
Household, tools,
bldg materials; office
supplies, kitchen,
clothes; cosmetics,
gift itelrts & more.
Save on your
Holiday shopping.
Eagle Scout
Project Rummage
& Bake Sale.
Any & Everything
First United
Methodist Church
321 Thompson Dr.
November 1, 2003
8:OOam - 5:00 pm
Jon David 792-5426
» ua raw
XCoge
GARA
Sat. On
Bair
2103 Tra
Tons of k
tum-, 8
Garal
Saturd
307E 21 E
Fumitun
TV, treat
Garage S
Saturday
Sam - 6pr
2420 Junl
Storage L
Garage S
7:30am
2212 A
Bike car
fumitun
Collector
Early Sa
GIANT
Si
Fri. &
327 LINC
Furniture,
table, gla
antique I
kitchen e•
clothes
and sho
Guadalu~
67 Hillt
SAT O
3 Far
Plants
Craf>n
GuadaluE
C u~ntry kil
1940's drE
Childs rocF
cookbook
original
decoration
many half
Fri. & Sat.
47 Hilltop.
K-Star V
Benefit G
Nov. 1
1016 E
Kei
No pn
Best Pric
Estate/Garage Sale
- 4 Mulberry -Lone
Star MH Park 8 - ?:
Fri. Only - Fumiture,
:household items,
DMH steps.
ESTATEIYARD
SALE: 117 Chole t.n,
across from A8~ATire:
Fri. Sat. & Sun
8 - ?. Swing set, tools,
furniture, appliances,
toys, nice clothing,
collectibles,
2 Autos, Trailers, elect.
wheel chair, k>fs of mist
things.
Everythirig_Must Go!
FREE PALLETS
AVAILABLE IN jHE
REAR PARKING LOT
OF THE KERRVILLE
DAILY TIMES
Furniture for sale.
Sofa, buffet,
computer desk,
various chairs, curio
cabinet.
(830)896-4083
weekdays, 896-6926
Evenings.
GARAGE
SALE
501 RANCHERO
FRI. & SAT.
8:OOAM - 2:OOPM
Garage Sale
SAT
8-12
1612 First St.
Garage Sale -Sat. 1
Sam - ?: Take Hwy 16
N to CherryRidge turn
left on Drew Ln,
follow Rd. to 2nd last
house on left.
Garage Sale
400 LaFayette
SAT & SUN
Fum., kids clothes,
wedding dress,
cribs,high chairs; etc
,{ - .
MOV1N
512 Ward
9-? Refrig
cond., nt
stove, drye
some Dune
dinning tab
coffee to
tables, Ma
table, 2 c
chairs, refr
bunk be
glassware
Lots of ott

SPECIAL COMMISSIONERS' COURT AGENDA
MONDAY, NOVEMBER 3, 2003, 9:00 A.M.
COMMISSIONERS' COURTROOM
KERR COUNTY COURTHOUSE
KERRVILLE, TEXAS 78028
THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN
MEETINGS ACT, (SECTION 551, GOVERNMENT CODE AND SECTION
552, GOVERNMENT CODE,)
This Commissioners' Court will hold a meeting at 9:00 A.M., Monday,
November 3, 2003, at the Kerr County Courthouse in the Commissioners'
Courtroom. .
CALL MEETING TO ORDER
VISITORS INPUT
Citizens wishing to speak on items NOT listed on the regular agenda, please
fill out form for consideration at this time. Citizens wishing to speak on
items LISTED on the regular agenda, please fill out request form for
consideration during discussion on that specific item. In order to expedite
the flow of business and to provide all citizens the opportunity to speak, the
Judge may impose a three (3) minute limitation on any person addressing
the court.
COMMISSIONERS' COMMENTS
Commissioners and/or the County Judge may use this time to recognize
achievements of persons in their Precinct or to make comments on matters
not listed on the regular agenda.
I CONSIDERATION AGENDA: (Action may be taken on Items
listed below)
1.1 Consider aad discuss hiring of personnel for Kerr County On-
Sewage Facility Program. (Commissioner Pct.
~~
'ssioner Pct. #4)
~o~ . ~-
~~.s
A Certified Copy i '~`
Page -.1_ of _a /? m
Attest' Jannett Pieuer. Kcrr County Cleric
1.2 Consider and discuss transition and operation of the Kerr
County On-Site Sewage Facility Program. (Commissioner Pct.
#3/Commissioner Pct. #4)
1:00 1.3 Public Hearing on the Proposed OSSF Rules and Regulations.
,, ~ ;., ~ 1.4 Consider and discuss adoption of the proposed OSSF Rules and
~ ~~ " I ~ Regulations. (Commissioner Pct. #3/Commissioner Pct. #4)
lam, ~",p. ~
W ,~,iarnA ~.(,~.~ ~u,~ ~c ~-~-
CLOSED MEETING
A closed meeting will be held concerning the following subject(s):
II. EXECUTIVE SESSION:
This meeting is authorized by Section 551, Government Code and Section
552, Government Code.
2.1 All pending and possible litigation as per Section 551.072,
Government Code. (County Attorney)
2.2 Personnel Matters as per Section 551.074, Government Code.
(County Judge) .
OPEN MEETING
An open meeting will be held concerning the following subject(s):
III. ACTION AGENDA:
3.1 Action as may be required on matters discussed in Executive
Session.
Ac~~a cod
page ~._. of -
Attest: Jannet+ p+.eoer
2
The document to which this certificate
is affixed is a full, true and cerrect copy
of the original on file and of record in
my office.
ATTEST: ~ 20 p3
3ANNETT PIEPER, County Clerk
B : ~puri
CXERYL A. THOMPSON, laepury~
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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, November 3, 2003
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
EXCERPT OF PROCEEDINGS
O.S.S.F. Rules and Regulations
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
2
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I N D E X
November 3, 2003
EXCERPT OF PROCEEDINGS:
1.3 PUBLIC HEARING - Proposed OSSF Rules and
Regulations
1.4 Consider and discuss adoption of the proposed
OSSF Rules and Regulations
--- Adjourned
PAGE
3
6
23
11-3-03 OSSF Excerpt
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On Monday, November 3, 2003, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
EXCERPT OF PROCEEDINGS
JUDGE TINLEY: I'll now call us back into
open session. The item for consideration at 1 o'clock is a
public hearing, so I will recess the Commissioners Court
meeting.
(The regular Commissioners Court meeting was
closed at 1:05 p.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: And I will open a public
hearing on the proposed O.S.S.F. Rules and Regulations, and
ask if there's any member of the public that wishes to
address the Court with regard to the proposed O.S.S.F. Rules
and Regulations. Any member of the public wishing to be
heard? Mr. Plangman? Come forward, please. If you'll gave
your name and address to the court reporter.
MR. PLANGMAN: Who do you give this to?
COMMISSIONER BALDWIN: You can give to it me.
Paper airplanes. Old Jewell.
MR. PLANGMAN: I'm Jewell Plangman. I live
at 625 Rimrock Road, Kerrville South. I moved here in 1986,
and at that time all I could see in the paper was that
11-3-03 OSSF Excerpt
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Kerrville South was polluting Camp Meeting Creek. So,
U.G.R.A. decided to try to get a proposed a sanitary sewer
system to be put into Kerrville South. The citizens there
did not feel like it was adequate to do what it would need
to do, and they went before the Commissioners Court, and the
Commissioner Bill Ray formed an ad hoc committee to take
care of this situation. Using the existing state of Texas
regulations, we worked and performed -- and decided on what
was now printed in the original ones. But our main concern
was what was going to happen with the existing sanitary
sewer systems on sites that we couldn't have them inspected
right then, so we -- they were in a -- in a grandfather
clause. But, to take care of the -- to take care of the
reason to have them inspected, we put in there that at the
time of the sale of the property, it was mandatory that all
systems be inspected to make sure that they conformed to the
state and county regulations.
Now, soon after that, this County took over;
they formed a department, and Mr. Liedke was a head --
appointed head of the department. And, from all I
understand, he was doing a good job; maybe doing too good of
a job, because the Commissioners Court harassed him enough
so he had to quit. He went to this same position at another
county, and I understand he's doing well there. You gave it
11-3-03 OSSF Excerpt
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back to the U.G.R.A. to take over, and it seems like either
they aren't functioning the way they should or they're being
harassed or something. You want to change it now so that
there's no mandatory inspection. It's my belief that if you
change this, you're going to take us right back to 1990, the
way it was, because the state rules were in effect at that
time. Nobody was turning anybody in, that they were
polluting. You could see it in roads, in streets; it was
being polluted. Nobody turned in -- nobody did anything
about it. So, it's my opinion that -- that if you delete
this section of mandatory inspections, you're just taking it
and say, "Okay, son, grandson, granddaughter, great
granddaughter, this is your problem. We didn't want to take
it into account." I appreciate you allowing me to speak to
you, and thank you very much.
JUDGE TINLEY: Thank you, Mr. Plangman. Is
there anyone else who wishes to be heard on this issue?
Yes, sir? If you you'd come forward and give your name and
address to the court reporter.
MR. LIGON: Someone want this?
COMMISSIONER BALDWIN: Thank you.
MR. LIGON: Sure. My name is Robert Ligon.
I live out on Bandera Highway, and I'm in the process of
buying property in Center Point that has an old septic
system that works. But I believe that, under the present
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system, if I buy that piece of property, it will have to be
inspected and it will automatically be declared unusable and
a new system will have to be installed, so I'm in favor of
us reverting to the -- use the present state of Texas
regulations, that there's no mandatory inspections in the
change during real estate transactions, and I believe that's
what we were addressing today. So, I would -- I would view
it very, very favorable to the people in the county if we
reverted to the state regulations. Thank you very much.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Thank you, Mr. Ligon. We
appreciate you being here with us today. Is there any other
member of the public that wishes to come forward and be
heard with regard to this particular issue?
COMMISSIONER WILLIAMS: Coming in the door.
COMMISSIONER BALDWIN: Could be.
JUDGE TINLEY: Is there any other member of
the public that wishes to be heard on the issue of proposed
O.S.S.F. Rules? If not, I'll declare the public hearing
closed.
(The public hearing was concluded at 1:11
p.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE TINLEY: And I will reconvene the
Commissioners Court meeting, and that will put us down to
11-3-03 OSSF Excerpt
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Item 4, consideration and discussion of adoption of the
proposed O.S.S.F. Rules and Regulations.
COMMISSIONER NICHOLSON: Judge, I have a
motion to make. I move that we approve the Order Adopting
Rules of Kerr County, Texas for On-Site Sewage Facilities,
and authorize the County Judge to sign the same.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded that
the proposed Order Adopting Rules of Kerr County, Texas for
On-Site Sewage Facilities be adopted, and the County Judge
be authorized to sign the same. Any question or discussion
on this?
COMMISSIONER BALDWIN: I have a comment --
I'm sorry.
COMMISSIONER LETZ: No, go ahead. My
question is a technical one. Are we adopting them or
approving them to send them to T.C.E.Q., so then we can
adopt them? Do we adopt first or do we approve first?
COMMISSIONER WILLIAMS: Didn't we cross that
bridge the other day?
MS. SOVIL: We adopt them and then send them
in for their approval.
COMMISSIONER NICHOLSON: I think that's what
we decided.
COMMISSIONER LETZ: Okay. Just wanted to
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make sure we're approving and adopting in the right order.
COMMISSIONER BALDWIN: Judge?
JUDGE TINLEY: Go ahead.
COMMISSIONER BALDWIN: Thank you. There is
no secret of my feelings. I've wrestled with this for many,
many years, and Mr. Plangman was talking about the committee
that put it together, and I was on the court at that time,
and we struggled with it and looked at it from every point
on the face of the earth trying to figure out a way to cause
inspections and to do what we think or thought was the right
way to do this program. And the time of transfer was really
the only way that we could see that -- that it could be done
properly, and so that -- that program has rocked along all
these years. I still believe -- I don't know that that is
the best way; obviously, it is not. But I still believe --
and I've said that at this table many, many times -- that I
feel like that there needs to be some kind of inspection
program, regardless whether it's at the time of sale or some
other bright and wonderful way, but I just really feel like
there needs to be an inspection of some sort. Now, saying
all that, I've also been here long enough to understand
how -- how it works. And my attitude of the thing is, even
though I disagree with what you're doing -- or what we are
doing, I also see that the motion is -- is going to pass,
and we will go back and adopt the state rules as written.
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And, with that in mind, I'm not going to be the person 'that
throws up roadblocks. I'm the kind of guy that is going to
do some -- once we adopt it and get it moving, I'm going to
be one of these guys that is going to jump on board and make
it work to the best of our ability so that Kerr County will
have the very best system that they can have. That's all.
JUDGE TINLEY: Thank you, Commissioner. Any
other questions or comments?
COMMISSIONER WILLIAMS: Yes, I have some
comments, which you might expect. Comes as no secret that I
have, as has been Commissioner Baldwin, not been in favor
of -- or, you know, probably radically opposed to the
elimination of the transfer rule, and probably, with not
quite as much enthusiasm, elimination of the 10-acre
exception -- exemption, whatever it is. I believe that we
probably didn't devote enough time to trying to find an
alternative method for finding and identifying failing or
out-of-compliance septic systems. But that's then, and
we're here now. I sincerely hope that, in the action that
we'll take today, that we are not sacrificing our
stewardship over water resource quality for political
expedience, but I know we have to move on. The rules have
to be adopted, and we have to -- we have to construct a
department, and hopefully we can do that with the best of
our collective intelligence and judgment.
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Having said all that, I'm going to say one
more thing. The ultimate solution, or the answer to failing
septics is the construction of sewer collection systems and
making certain that that gets taken care of. We have one
underway in Kerrville South, and we've received moneys to do
that. I can assure you that this Commissioner will pursue
others so that we can finally find a solution to failing
septics, and I hope -- wherever and whenever possible. And
I hope that the Court will be supportive of those efforts
when I bring them back, or when others of us bring them to
us for consideration. I will abstain, because I know we
have to move forward.
JUDGE TINLEY: Any other questions or
comments?
COMMISSIONER LETZ: I have a few comments.
And I guess I look at it a little bit differently than my
two colleagues in Precinct 1 and 2. I look at the --
basically, the County has had a -- tried for going on 10
years -- close to or over 10 years now, to make a real
estate transfer rule work, and we've been unsuccessful. We
have yet to come up with language that is clear, is fair.
The current rules, we spent a great deal of time three years
ago, I guess, four years ago trying to clean it up, and all
we did was muddy the waters even more. And the problem is
that there is no way to determine if a system is failing,
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and no one even knows what "failing" means, much less
determine if it is failing, unless you do a very invasive
inspection. And we -- this Court has never been of the
mind-set really to force that issue, to go into a full, very
invasive -- basically, dig up a system and see if it's
working, and it, frankly, doesn't make sense to do it that
way.
So, you know, the options we have is to --
you know, and that's the only way you can do it, is to make
a system become licensed, you have to basically dig it up.
And there's plenty of old systems that are not licensed that
are working and functioning fine, so it never made sense to
make people dig them up for that reason. So, while real
estate transfer seems and sounded like a good time to do an
inspection, there's no feasible way that this Court, and I
don't think anyone else, you know, in the state has been
able to show me that you can do it. So, I think it's a --
you know, I've come to the realization that it's a -- it's a
good intent, but it doesn't work very well. And I look at
our new rules as a -- kind of as an opportunity for the
County to, you know, use state rules to the maximum benefit
of state rules, and require a lot of inspections of property
and a lot of public education.
There is a tremendous misconception in the
county as to what we're doing today. People -- Mr. Plangman
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made it sound like we're, you know, almost getting rid of
all the rules. Well, that's the farthest thing from the
truth. If -- because of the real estate transfer and other
things, it was kind of viewed, I think, in the past as the
way to catch septic systems. It didn't work. There are
many different ways. Anytime anybody alters a current
system in the county, by law, they're required to get that
system licensed at that time. That has not been done. The
10-acre exemption that Commissioner, Precinct 2 referred to,
that's a very, very limited exemption. Many people claim
that exemption when it doesn't qualify. So, I hope the
public doesn't view this as the County relaxing septic
rules. I view it the opposite way. I view it as a way for
us to devote our resources to really tightening up on a lot
of things that have been done improperly, probably, for the
last 10, 15, even longer. I think the rules -- state rules
are very clear that we have a lot of authority, and we just
need to use those rules to make sure and guarantee that we
have quality water throughout the county. That's it.
COMMISSIONER NICHOLSON: Very briefly, Judge,
I think this may be one of those rare cases where you can
have your cake and eat it too, so to speak. I think we can
make the program more efficient and less burdensome by
eliminating the real estate transfer rule, and I think that
will provide us the opportunity to focus more ~on -- on
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enforcement of the state rules. I think we need to work
harder at finding those systems that are in trouble, and
requiring those owners to bring them up to our
specifications.
JUDGE TINLEY: Any other questions or
comments? All in favor of the motion, signify by raising
your right hand.
(Commissioners Baldwin, Letz, and Nicholson
voted in favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
COMMISSIONER WILLIAMS: Record my vote as an
abstention.
JUDGE TINLEY: So noted.
COMMISSIONER LETZ: Judge, as the press is
here, these rules will not become effective until they are
approved by T.C.E.Q.; is that correct?
JUDGE TINLEY: That's my understanding.
COMMISSIONER NICHOLSON: Yes.
JUDGE TINLEY: The resolution or the order
will go forward. I can't imagine that they would not
approve it, since it's their model order, but --
COMMISSIONER WILLIAMS: You never know.
COMMISSIONER LETZ: Judge?
JUDGE TINLEY: Upon receipt of that approval,
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why, that will be the effective date.
(End of excerpt.)
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 5th day of November,
2003.
JANNETT PIEPER, Kerr County Clerk
BY: _
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
11-3-03 OSSF Excerpt
D ~7 D 3 ~~~~
SPECIAL COMMISSIONERS' COURT AGENDA
MONDAY, OCTOBER 27, 2003,'9:00 A.M.
COMMISSIONERS' COURTROOM
KERB COUNTY COURTHOUSE
KERRVILLE, TEXAS 78028
THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN
MEETINGS ACT. (SECTION 551, GOVERNMENT CODE AND SECTION
552, GOVERNMENT CODE.)
This Commissioners' Court will hold a meeting at 9:00 A.M., Monday,
October 27, 2003, at the Kerr County Courthouse in the Commissioners'
Courtroom.
CALL MEETING TO ORDER
VISITORS INPUT
Citizens wishing to speak on items NOT listed on the regular agenda, please
fill out form for consideration at this time. Citizens wishing to speak on
items LISTED on the regular agenda, please fill out request form for
consideration during discussion on that specific item. In order to expedite
the flow of business and to provide all citizens the opportunity to speak, the ~
Judge may impose a three (3) minute limitation on any person addressing
the court.
COMMISSIONERS' COMMENTS
Commissioners and/or the County Judge may use this time to recognize
achievements of persons in their Precinct or to make comments on matters
not listed on the regular agenda.
I CONSIDERATION AGENDA: (Action may be taken on Items
listed below)
1. ,,T 'wand approve 2003=2004 Kerr County Market Days and
3~ ~ unty Farmers' Market Usage License and authorize the
Judge to sign same. (County Attoraey/LuAnn
.,
Page l~ ofp~ ~'~ on) ~, °~''~ nrr~?~+n
1 ~ Paaee~, oo,c~x ri ~ : yo P
Attest: Jannetc Pieper, Kerr County Clerk ~1
ti 1 • ~ ~~`~`~---
~~
~ 7Y 1.2 Consider and discuss Special I-Joliday Market Days for
December 20, 2003. (County Judge/LuAnn Anderson)
1.3 Consider and discuss sending notice of termination of contract
for inmate telephone system to Advanced Tel-Com Systems
~5_~ Corporation d/b/a Kerrville Telephone Business Systems.
(Sheriff /UL 1~~~ib~~
~~~ 1.4 Consider and discuss entering into contract for inmate
telephone system with ADS-Telecom, Inc. (Sheriff ~~~ ~t'~~'B ~
~1~--'
~ .5 Consider and discuss scheduling and policy for Christmas
Lighting. (Commissioner Pct. #1)
X37 X1.6 Consider and discuss adopting Travel Voucher Form to clarify
pay policy for out-of-county travel. (Commissioner Pct. #1)
1.7 Consider renewal of Telephone contract for Road and Bridge
~~ ~ and approve County Judge sign same. (County Engineer/Road
r, Admuustrator)
~3~J
~} 1.8 Consider and discuss amending Court Order No. 28347 to
change Lot 27 Riverpark Estates to Lot 37 Riverpark Estates.
(Truby Hardin)
10:00 ~ 1.9 Public Hearings for revision of plat, Lot 1, Village West
Industrial Park, Pct. #4.
3~~.10 Consider final revision of plat for Lot 1, Village West Industrial
Park, Pct. #4. (County Engineer/Lee Voelkel)
1.11 Consider and discuss administration of the Kerr County Flood
Plain Program and establish appropriate procedures.
(Commissioner Pct. #3) ~ ~ /-{-~,' tom.,
X1.12 Consider and discuss status of Environmental Health
~3 ,)3 Department new office space and possible location of
OIL d ,~~, rary office space. (Commissioner Pct. #3)
~ a o p~ _ _ 2
Attest: Jannett Pieper, Kerr County Clerk
1.13 Consider and discuss transition schedule for the transfer of the
OSSF Program from UGRA to the Environmental Health
Department. (Commissioner Pct. #3)
~.14 Consider and discuss approving fee schedule for OSSF
~3~ ~ Program. (Commissioner Pct. #3)
J1.15 Consider and discuss process for hiring Environmental Health
~~~~ Department Personnel. (Commissioner Pct. #3)
`~:; .~ ~~
1 ~ x/1.16 Consider and approve a policy concerning the authority of the
~~ ~ 3 Manager/Field Representative of the Kerr County
Environmental Health Department, a redress of grievance
C~ ~ ~ ~ process and the organizational relationship of the Manager and
?S his/her staff with the Commissioners Court. (Commissioner
Pct. #3/Commissioner Pct. #4)
1.17 Consider, discuss and approve an order adopting rules of Kerr
~~ ~ County, Texas for On-Site Sewage Facilities and authorize the
r~ ~ County Judge to submit the proposed rules to the Texas
U - Commission on Environmental Quality for approval and setting
public hearing on same, if necessary. (Commissioner Pct.
#3/Commissioner Pct. #4)
X1.18 Consider discuss and take a ro riate action on the followin
PP P g
(Commissioner Pct. #2)
~3
~3 7~~
o ~
~ ~:'~.'
f~ C~
~ 1.19
v
~,, r`0~
1.20
~~~o
~..
~~
QaQ
1. Manner in which County appointments to Library
Advisory Board are being handled by City of
Kerrville; and
2. Appointments: Mary Kay Mosty Hayes, 10/1/06
and Albert E. Shults, 10/1/O5.
Consider, discuss and approve a Merit Pay Policy to guide the
administration of the County's merit pay program.
(Commissioner Pct. #4)
Consider and discuss authorizing American Legion Post 208 to
utilize the Courthouse grounds and facilities for annual
Veterans Day ceremony and prior to; and subsequent to the
3
ceremony for setup and takedown of appropriate equipment.
(County Judge)
1.21 Consider and discuss approval of new lease with Mooney
~r~-`S~ Airplane Company on airport property. (County Judge)
1.22 Consider and discuss voting on behalf of Ken County for
`? ? ~ ~ Board of Directors of Kerr Central Appraisal District. (County
`~ Judge)
1.23 Consider and discuss approving contracts between Kerr County
and the following Volunteer Fire Departments and authorize the
~'~ County Judge to sign same:
Tierra Linda Volunteer Fire Department
Turtle Creek Volunteer Fire Department
Elm Pass Volunteer Fire Department
Divide Volunteer Fire Department
CLOSED MEETING
A closed meeting will b~ held concerning the following subject(s):
II. EXECUTIVE SESSION:
This meeting is authorized by Section 551, Government Code and Section
552, Government Code.
A Certified COPY
of
Attest: Jannett Pieper, Kerr County Ctedc
2.1 All pending and possible litigation as per Section 551.072,
Government Code. (County Attorney)
2 .cr~T noel Matters as per Section 551.074, Government Code.
Judge)
4

OPEN MEETING
An open meeting will be held concerning the following subject(s):
III. ACTION AGENDA:
3.1 Action as may be required on matters discussed in Executive
Session.
IV. APPROVAL AGENDA:
4.1 Pay bills. ~ ~~ ~~
4.2 Budget Amendments. (County Auditor)
4.3 Late Bills. (County Auditor) ~ ~ ~
4.4 Read and Approve Minutes. _---
4.5 Approve and accept Monthly Reports. 2 ~_3 ~ l
V INFORMATION AGENDA:
5.1 Reports from Commissioners.
5.2 Reports from Elected Offcials/Department Heads.
5.3 Reports from Boards, Commissions and Committees.
5.4 Road and Bridge Monthly Report.
5.5 Maintenance Monthly Report.
~r~E os~~,
. \
A Certified Copy ~,
.~ of ---
Attest: Jannet~ '';ewer, den t,;;unty Cleric
tt~e eoannenc to wldch eda eeeWicaee
~ a~xea ~,- rali, aue and correct ~
of the ori~iwl ao hk and of record ~n
mp office.
ATTE•S'r: ~~~
)AN1VE'IT PI~EPER, County Aeiic
8~l1~WitwNrn!/-~y""roenuty
5
CHERYL A. TNOMPSON, Il~puty
Order No. 28352
ADOPT STATE RULES & GUIDELINES FOR OSSF
On this the 14th day of October 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 3-0-
0 to adopt the current State Rules and Guidelines for OSSF and set a public hearing at the
next Commissioners Court Meeting.
The document to which this certificate
is affixed is a full, true and correct copy
of the original on file and of record in
my office.
ATTEST: ~ r 0 03
7ANNETT PIEPER, County Clerk
B pnty
CHERYL A. THOMI'$ON, ~P~Y
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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, October 27, 2003
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
EXCERPT OF PROCEEDINGS
OSSF Rules and Regulations
PRESENT: PAT TINLEY, Kerr County Judge
H.A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ,_Commissioner Pct. 3
DAVE NICHOLSON Commissioner Pct. 4
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I N D E X
October 27, 2003
PAGE
EXCERPT OF PROCEEDINGS:
1.17 Approve order adopting Kerr County rules for OSSF,
authorize County Judge to submit proposed rules to
T.C.E.Q. for approval & set public hearing 3
--- Adjourned 9
10-27-03 OSSF Excerpt
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On Monday, October 27, 2003, at 9 a.m., a special meeting
of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
EXCERPT OF PROCEEDINGS
JUDGE TINLEY: Next item, consider and
discuss and approve an order adopting rules of Kerr County,
Texas for On-Site Sewage Facilities and authorize the County
Judge to submit the proposed rules to the Texas Commission
on Environmental Quality for approval, and setting a public
hearing on the same if necessary.
COMMISSIONER LETZ: I think what you see
before you -- Commissioner Nicholson did more of the work on
that, the drafting of it, but I think it is the model
language for a state order. There's no Section 10 -- well,
there's a Section 10, but it doesn't have anything special.
I mean, it refers to duties and powers, just the model
order. Now, I'm in favor of approving this and submitting
it to T.C.E.Q. You know, I don't -- I think for approval,
but I also think we need a public hearing on it, because I
think -- because we are making a change, and I think the
public has a right to give us their input. And I will also
say that the state law does not require that public hearing.
As I understand it, we can submit them when we're adopting
state rules, and that's. it, but I prefer the former, of
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having a public hearing. My only question really goes as to
the order of those events. I know that if you're --
generally, if you're going to have the public hearing, you
know, you have to submit the rules, get them to approve it,
and then do the public hearing and then resubmit them again,
which seems kind of bizarre to me to do it that way. But if
we're doing the state rules, I don't know why we can't --
'cause we don't have to have the public hearing -- why we
can't have the public hearing before we submit them. Makes
a lot -- you know, because there is a chance that there may
be a change made based on what we hear in the public
hearing. I don't know about --
COMMISSIONER WILLIAMS: Didn't we have this
discussion about a month ago, when some attorney --
COMMISSIONER LETZ: Well, that --
COMMISSIONER WILLIAMS: -- constituent
advised us we couldn't proceed the way we were trying to
proceed?
COMMISSIONER LETZ: But we weren't using
state rules. It's different when you -- as I understand it,
if you're adopting state rules, you don't have to have a
public hearing; you just adopt them. But I think we need to
give the public a chance to voice their opinion on the
rules.
COMMISSIONER WILLIAMS: I agree with that.
10-27-03 OSSF Excerpt
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COMMISSIONER BALDWIN: Well, I think we need
to -- I think we need to adopt them and send them to Austin.
I'm not -- I'm not convinced that they're going to go
through this little process within a few days, like y'all
indicated earlier. This could take a while. I've seen it
take a good while.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: What's the time frame on the
public hearing, assuming one is necessary? Would that be 10
to 14 --
COMMISSIONER LETZ: I believe it's 72 hours.
MS. SOVIL: Has to be published.
COMMISSIONER LETZ: Has to be published.
But, I mean, it's -- I mean, it's a -- I believe it's 72
hours, from what I --
COMMISSIONER WILLIAMS: That's -- what's the
County Attorney say? Where is he?
MR. MOTLEY: I haven't reviewed it. I mean,
I don't know.
MR. BARRON: It's 72 hours. Has to be
published.
MR. JORDAN: That's what I was trying to tell
you.
JUDGE TINLEY: Thank you, Mr. Jordan.
COMMISSIONER LETZ: 72 hours°, but you .have to
10-27-03 OSSF Excerpt
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get it published and notice, so I think we're looking at
about a week, at a minimum.
COMMISSIONER NICHOLSON: Can we hold a public
hearing at the same time we hold our emergency meeting -- or
special meeting next week?
JUDGE TINLEY: Next Monday?
COMMISSIONER LETZ: I think that clouds the
issue a little bit. I think we're really trying to do two
very different topics; be better to do them at different
times, I mean, during the day. Have one at -- do our
meeting at 9:00, and then maybe at 3 o'clock in the
afternoon, do the public hearing.
COMMISSIONER NICHOLSON: Well, you can -- you
can read the -- read the law, and you can read into it that
you need to first go to T.C.E.Q., or you can read into it
that, no, you don't have to do that, hold a public hearing.
What I do know is that -- is that other entities have held
their public hearings, sent the rules to T.C.E.Q., and
they're approved, so I think we're -- we're safe in going
that route. I also think we're safe in that the T.C.E.Q.
says the -- if you adopt the model state order, then we're
going to approve it, so I don't think there's any -- there
may be bureaucratic delays, but I don't think there's going
to be any questions about --
COMMISSIONER BALDWIN: I agree.
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COMMISSIONER NICHOLSON: -- about our
regulations.
COMMISSIONER LETZ: But I think it's a
little -- my personal feeling is, it's a little presumptuous
of us to -- and also I think would it come across to the
public as kind of a waste of time if we approved it, sent it
to Austin to be approved, and then have a public hearing
after the fact. I mean, I -- that seems kind of odd to do
it that way, to me. That's why I say I'd rather have a
public hearing and then send it in. I don't think it's that
much of a delay.
COMMISSIONER WILLIAMS: So, you would be
suggesting that whatever action taken today is a tentative
approval of the order which sets up a public hearing prior
to sending them to the State? Is that what you're saying?
COMMISSIONER LETZ: Yes.
COMMISSIONER NICHOLSON: Today we should
approve or disapprove the order and schedule a public
hearing.
COMMISSIONER LETZ: Mm-hmm. That public
hearing can be within --
JUDGE TINLEY: Next Monday?
COMMISSIONER LETZ: It can be Monday. I
think it needs to be a separate -- you know, a little bit
separated from the other.
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JUDGE TINLEY: Separately timed.
COMMISSIONER WILLIAMS: And after the public
hearing, is there a final vote taken by this Court as to the
adoption of these rules?
COMMISSIONER LETZ: Yes, and then sent to
Austin.
COMMISSIONER NICHOLSON: I don't expect that
we're going to hear a lot new about people's opinions on the
rules. I feel like I've attended about 15 public hearings
over the -- over the last two years, either at the U.G.R.A.
or in connection with our State Representative hearings, and
we've even had the same discussions in our -- in our
meetings, so I don't expect any surprises. So, I'm --
COMMISSIONER WILLIAMS: I won't surprise you,
but I will reprise it.
COMMISSIONER NICHOLSON: Some people support
change and others don't.
COMMISSIONER LETZ: Right. I'll make a
motion that we set a public hearing -- let me change that.
I'll make a motion that we approve the order adopting rules
for Kerr County for On-Site Septic -- On-Site Sewage
Facilities as presented, and set a public hearing on same
for Monday, November 3rd, at 1 o'clock.
MS. SOVIL: What time?
i
COMMISSIONER WILLIAMS: Did you say'"approve"
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or "adopt"?
COMMISSIONER LETZ: 1 o'clock. We have to
approve it for the public hearing.
COMMISSIONER WILLIAMS: Okay. I wanted to
make sure you didn't say adopt.
COMMISSIONER LETZ: I think I said "approved"
for public hearing.
COMMISSIONER NICHOLSON: I second.
JUDGE TINLEY: Motion made and seconded that
the Court approve the On-Site Sewage Facilities proposed
order, and set a public hearing on the same for 1 p.m. next
Monday, which will be the 3rd --
COMMISSIONER LETZ: 3rd.
JUDGE TINLEY: -- of November, at 1 p.m. Any
further question or discussion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry.
(End of excerpt.)
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STATE OF TEXAS
COUNTY OF KERR I
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 5th day of November,
2003.
JANNETT PIEPER, Kerr County Clerk
Kathy anik, Deputy County Clerk
Certified Shorthand Reporter
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