ORDER NO. 29441
DISCUSS WATER AVAILABILITY REQUIREMENTS, SUBDIVISION
RULES AND/OR MODIFICATION OF COURT ORDER NO. 29006
Came to be heard this the 24th day of October, 2005, with a motion made by
Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Modify Court Order No. 29006 to provide that only 1.04 and 1.05 of the
Kerr County Subdivision Rules & Regulations, under the Kerr County Water
Availability Requirements, be suspended.
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I' "I COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: October 24, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Water Availability
Requirements, Subdivision Rules and/or modification of Court Order No. 29006.
EXECUTNE 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:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed 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.
ORDER NO.29006
WATER AVAD.ABILITY REQUIREMENTS.
KERB COUNTY SUBDIVISION RULES & REGULATIONS.
Came to be heanl this the 24th day of Tanuary 2005 wiW a motion made by
Commissioner Cdz seconded by Commicaiomr Nictmlaon. The Coup unanimously
approved by a vote of 4-0-0 to suspend tbe water availability requirements on County
Subdivisions Rules & Regulations.
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PLEASE 1+IIRNISH ONE ORIGDiAL AND NINE COPIES OF THIS
REOUF3T AND DOCUl11ENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jooethm Ica OFFICE: Commissioner, PcL 3
MEETING DATE: Jammty 24, 2005 TIME PREFERRED:
SUBJECT: Consider and discuss suspending the wale availability rtquitnnents of the
Kett Cowry Subdivision Rules & Regulations.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissiosu;r, PcL 3
ESTIMATED LENGTH OF PRESEh1TAT10N:
IF PERSONNEL MATTER -NAME OF EMPIAYEE:
Time for sudnitting Wia mquea[ for Courl b assure Out the matter u posted in
accotdmtce with Title 5, Chapter SSI aM 552, Cmvm.atumt Code, u v folbws:
Meeting scheduled far Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

A71 Agesats Requests will be xreenad by the Camty JudBa'a OfRce b deoetmiro if adequate
infmmstion has bean prepmed for the Cmut's fotnW cmtsideration and action at time of Coup
Meefings. Your coopuation will he apptaiated aM contribute towards you request being
addressed Y Me emlieat opportmily. See Agenda Request Rules Adopted by Conunissiorets'
Caun.
77re crarvt Kerr Comrty Subdivisim RWes and Regulation contain Water Availabiliry
Regairemeak. Whee origimlty approved the Water Availability Requirements vvde
intended m belp Headwater Water Conservation District acquire data m help better
establish water availability iv Kerr County. Sint drnt time adm;aistrative and ruk
changes m HWCD Have caused the current rules not be needed m pmdical in throe
curent tmm
I have diecusaed this issue with Gordan Morgan, President of FiWCD and he ctncars that
it is acceptable m suspend the cratettt riles at this time
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very smart.
MS. RECTOR: That doesn't make sense to me.
COMMISSIONER BALDWIN: That wouldn't be very
smart of her, I guarantee.
MS. RECTOR: I'd want to stay where I was if
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I were her.
COMMISSIONER LETZ: I'll make a motion to
start the senior clerk at a 13-9.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to
authorize the senior clerk position in the Tax Office at
13-4. Any 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: The motion does carry. Thank
you, Ms. Rector. Item 19, consider and discuss suspending
Water Availability Requirements of the Kerr County
Subdivision Rules and Regulations. Commissioner Letz.
COMMISSIONER LETZ: It's come to my
attention, after visiting with Len Odom and reviewing our
rules, and also talking with Gordon Morgan, that the current
way our Water Availability Requirements are written don't
work, because Headwaters doesn't have the means to do what
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we tell them to do on Water Availability Requirements.
Plus, there's a question as to whether there's a real need
for what we ask, which basically is a well has to be drilled
for a subdivision over 75 acres in size. What I recommend
is that we currently suspend them. Headwaters won't sign
the plat, because they can't do what they are -- you know,
what we're asking them to do. From a staffing standpoint,
basically. And I've been in contact with the president of
Headwaters, and he's in the audience, Gordon Morgan, and
we're really looking at whether water availabilrty
requirements are needed at all. And the reason far that
is -- and that's really -- and I've told Gordon that they
should get together with Headwaters' board and ask -- I
mean, for them really to look at it, and that I would
recommend whatever they recommend, really. 'Cause the whole
purpose of this rule was to get data on wells, hence the
aquifers, to Headwaters so they could do a better job of
evaluating the aquifers in the county. So, basically, I
just think we ought to suspend it at this time, and then
after they look at it, and while we're doing our final
rewrite of our Subdivision Rules, we'll either include it or
not include it at that time.
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COMMISSIONER WILLIAMS: what would that make
our minimum lot size be?
COMMISSIONER LETZ: Doesn't change anything.
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COMMISSIONER WILLIAMS: Still be 5?
COMMISSIONER LETZ: Only thing it means is
that developers will not have to drill a test well or get
any of that evaluation. That's what we're suspending.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER NICHOLSON: Second that motion.
COMMISSIONER BALDWIN: Yeah, me too. It
was -- rn the beginning, it was set up to assist the
Headwaters Underground Water District, and they -- if their
desire is not to have it, I mean, why be cumbersome?
COMMISSIONER LETZ: It's -- bottom line is
that, over time, Headwaters rules have passed up our rules,
the water availability requirement, and they are already
getting the data. The data that we were trying to get to
them, they're getting on any well dulled. Now, there may
be a benefit £or us to come in with some -- some additional
requirements that would be beneficial, and Headwaters can
look at that, whether that's worthwhile from their
standpoint. And then, if they want us to put some
requirement in there, rt will be up to us to see if we think
it's a reasonable requirement or not.
JUDGE TINLEY: Questron. Since we're dealing
with some of our rules, is there any requirement for any
public notrce, or -- because we're reducing or relooking.
Public notice is not required?
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COMMISSIONER LETZ: I'll defer to the County
Attorney on that one.
MR. EMERSON: Off the top of my head, I don't
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know the answer to that, Judge.
COMMISSIONER LETZ: I don't know that there's
actually a legal requirement that we do a public hearing on
our rules. We do it as a matter of public policy, to --
from an information standpoint, and to make sure that we get
input from the community.
JUDGE TINLEY: I can understand if we were
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increasing --
COMMISSIONER LETZ: Right.
JUDGE TINLEY: -- the rules or -- ox making
them fur they restrictive, but because we're -- we're
eliminating or suspentli ng one, doesn't seem to make sense.
we wouldn't need to do it.
COMMISSIONER LETZ: It will have no effect on
lot size or anything. It's -- the only thing it means is
that going out and drilling wells and doing certain tests on
that well will not be required.
COMMISSIONER BALDWIN: See, bottom line is
Dr. Morgan is one of those old geezers that just knows
what's down there. He doesn't have to drill a well to find
out what's down there; he just knows.
COMMISSIONER WSLLIAMS: Why did he just hire
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his high-priced consultant to tell him what's down there?
COP4II SSIONER BALDWIN: I didn't -- oh, I
didn't realize you were in the room, Gordon. (Laughter.)
COMMISSIONER LETZ: Furthermore, that old
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geezer won't sign the plats any more.
COMMISSI OlIER BALDWIN: Yeah. He never would.
MS. PIEPER: There's a motion and second.
JUDGE TINLEY: Did you make a motion? Any
further question or discussion on the motion? 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: The motion does carry. We'll
move to Item 20, consider and discuss the reduction of the
registration fees during the Rabies Drive.
COMMISSIONER BALDWIN: Hi, Janie.
MS. AOMAN: Hello. The Animal Control
Department is requesting that the Court reduce the animal
registration fees from $5 and $10 to $1 during the annual
Rabies Drive. It will be held February 5th, which is a
Saturday, and then it will restart on that following Monday
and will run through the 19th in the local vets' offices.
Now, on February 5th, it will be held at four different
locations in the county from 1:00 to 3 p.m.
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COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any questions or discussion?
All in favor of the motion, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry. Thank
you, Ms. Roman.
MS. ROMAN: Thank you.
JUDGE TINLEY: Next item is authorization to
pursue interlocal agreements for the placement of Herr
County M.H.M. R. patients in facilities outside of Kerr
County. Mr. Emerson?
MR. EMERSON: Thank you, Judge. The position
we're in, gentlemen, is that the State of Texas has
determined that the Kerr County mental health facility will
no longer take civil commitments.
COMMISSIONER WILLIAMS: Say that again?
MR. EMERSON: The State of Texas has
determined that the Kerr County mental health patients will
no longer go to the local facility; they will be shipped to
Eexar County, Travis County, or El Paso. It's an
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