ORDER N0.29272 POLICY ENVIRONMENTAL HEALTH DEPARTMENT AND FLOODPLAIN ADMINISTRATOR Came to be heard this the 25~' day of July 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 3-0-0 allowing the Environmental Health Department and Floodplain Administrator to deny permits when there is a violation of Kerr County Subdivision Rules and Regulations. These Orders would apply to Kerr County Subdivision Ruses and Regulations violations since December 11, 2000. (This is the date of the major re-write of the rules) The intent of the court orders is to find illegal subdivisions not to deny development. Therefore, as soon as a determination is made that the permit request is in an illegal subdivision and after the parties receive written notice of this violation and after the parties acknowledge the situation in writing and advise of a plan to correct the violation; then the permit should be issued. +~ ~~a ~~ I • ` COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: July 25, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider and discuss clarification of policy for Environmental Health Department Manager and Floodplain Administrator to deny permits when there is a violation of Kerr County Subdivision Rules and Regulations. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. The Commissioner's Court previously past iwo court orders directing the Environmental Health Department Manager and Floodplain Administrator to deny permits when there is a violation of Kerr County Subdivision Rules and Regulations. These departments have asked for clarification of this order and the scope of the intended enforcement. My recommendation would be that these orders would only apply to Kerr County Subdivision Rules and Regulations violations since December 11, 2000. This is the date of the major re-write of our rules. The intent of the court order's are to find illegal subdivisions not deny development. Therefore, as soon as the a determination is made that the permit request is in an illegal subdivision and after the parties receive written notice of this violation and after the parties acknowledge the situation in writing and advise of a plan to correct the violation; then the permit should be issued. Other items as discussed and requested by Environmental Health Department Manager and Floodplain Administrator.