~ ~ ~a o ga~1.s
COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUES~D DOCUMENTS TO BE REVIEWED BY THE COiJRT
MADE BY: OFFICE:
MEETING DATE: /~ _ ~ ~~ ~ TIME PREFERRED:
L /
SUBJECT:
GZ~~'Q~
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
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 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
•
~~
~_J
•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DEBRA GIFFORD, CSR
105 River Oaks Road
Comfort, Texas 78013
830-995-2217
November 23, 2008
Mr. David Lowell John
170 Center Point Road East
Center Point, Texas
RE: Response to Commissioner's Court Meeting
held on 10-27-08.
Original and one copy of the Statement of David
Lowell John, held on November 21st, 2008.
O & 1 copy: 26 pages @ $5.00------$130.00
Time: 1 hour @ $30.00-------------$ 30.00
TOTAL DUE AND OWING: $160.00
Thank you,
Debra Giffor CSR
1

•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
RESPONSE. TO KERR COUNTY COMMISSIONER'S COURT MEETING
HELD 10-27-08, REGARDING DAVE'S PLACE BACKDOOR POTTERY,
170 CENTER POINT ROAD EAST, LOT 1, BLOCK 1, HARRISON
SUBDIVISION.
SWORN STATEMENT OF MR. DAVID LOWELL JOHN
BE IT REMEMBERED THAT HERETOFORE, TO-WIT:
On the 21st day of November, A.D. 2008, came on to be
heard the following sworn statement, held in Center
Point, Kerr County, Texas.
Proceedings reported by computerized
stenotype machine; Reporter's Record produced by
computer-assisted transcription.
_ ORIGINAL
_~COPY
1
2
3
4
5
6
7

•
2
DAVID LOWELL JOHN, was first duly sworn to
tell the truth, the whole truth and nothing but the
truth.
MR. JOHN: Honorable Judge and County
Commissioner's Court: Gentlemen, I'm responding to an
item that was on your agenda October 27th. It was
listed, I presume, from what I understand, only as 170
River Road septic problem. My business name was not
used. I was not aware that we were going to be
discussed at commissioner's meeting. My attorney was
not aware that we were being discussed at county
commissioner's meeting.
And I think this bothers me the most because
since this process has begun over this septic, my
attorney has been in contact with the county attorney
weekly. And I don't understand why this proceeded
without due process or due representation.
But anyway, I'm going to go ahead and answer
a bunch of the stuff that was said in this, and by the
way, I am reading the transcript of the Court of the
27th. I'm going to pick through these at random because
I'm going just basically page by page and picking out
the things that really need to be discussed.
To begin with, Mr. Garcia stated that he
i received a complaint on June 26th. These people never
8
9
10
11
12
13
14
15
16
17
1~
l~
2C
2J
2~
2;
2~
2`
3

•
n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
came to my establishment until probably maybe, at the
most, the last week of July or the first week in August.
I was not aware of any complaints back in June or July
at all.
When they came in here she handed me a card
and said we need to talk to you about your septic,
you're in violation. I said what do you mean I'm in
violation, she says well you're in violation, we
received a complaint. I said who complained. She said
well it's an anonymous complaint, we can't tell you who
it was. I said fine. I said I didn't know we had a
problem. I said we have no odor, no effluent, sinks all
drain, toilets all flush. Well, there's something
wrong. I said okay, would you tell me what's wrong and
we'll get it fixed. Well, I don't know what's wrong
except that you've got a business on a residential
septic tank. I said do what? I didn't know there was a
difference. I said what's the difference? I said we've
got the largest tank that you can get. She said well I
don't know, but you've got a problem and it's got to be
taken care of. I said good. Tell me what the problem
is and I'll address it. Well, you need to get it
checked. All right.
And this was late in the afternoon when they
were here, so the following -- no, in fact I called that
1
2
3

C
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
evening, Mr. Eddie Taylor, who is a licensed septic
person, and I asked him to please come over and check
out my septic tank, that evidently we've got some kind
of a problem that I'm unaware of. So Mr. Taylor came
over the next morning, we uncovered the septic tank, he
checked it all out, and he provided a written statement
to Miss Hulett the following day that our septic was in
good operating condition, it had no solids in it,
drainage was fine, and that was about it.
So she came back in a day or two later with
Mr. Garcia, the guy that wears the badge and the gun,
and informed me that he wasn't qualified to make that
decision. I said well, Ma'am, he's on your list that
you gave me on the original stuff that you gave me
yesterday, and I just called him because he was right
here in town. Well, I can't accept that. I said okay.
She says I'll send somebody over that can talk to you.
So anyway, that evening a fella came over,
and I presume he's a licensed registered sanitarian
engineer. And I visited with him a minute, and he told
me what his fees were, told me he knew Miss Hulett
personally and that he could probably get this resolved
expediently.
Well, that put up red flags immediately.
And I told him, I said you know, I don't think so. I
L
•

9
c
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5
said I'm going to go back and hire the original
registered sanitarian that originally put in all five of
my septic systems, which by the way, gentlemen, cost me
forty-five thousand dollars, and they're all still in
good operating condition.
So anyway, I called Mr. Hoyt Seidensticker,
who was the original engineer on all five of these
septic systems over here. Had him come up, and we
talked about it, I called Miss Hulett on the phone, and
explained to her that we had hired Mr. Seidensticker and
that -- that was probably somewhere, I don't know, 15th,
16th of September, and he sent a written letter to Miss
Hulett dated September the 21st, that he had been
employed by us, which he's been paid for.
And by the way I just want to bring up one
other thing. There's another statement in here that --
let me find it here. Let's see, Commissioner Baldwin --
Mr. Emerson. This statement was from the county
attorney, and it's on line 15, and it says something --
I'm going to read it back to you. I don't know why I
have to, but the Department has previously received
communications from the design specialist that were
obtained by the property owner. Yes, I did that. I
went down to the courthouse, I got everything that they
wanted. And then you continue, and then once the
6
•
•
n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
specifications came in he looked at the cost, he
terminated that relationship.
Gentlemen, I never terminated the
relationship. Mr. Seidensticker by his written
documents of September 21st was hired and paid for. Why
would I fire somebody that I just paid a thousand
dollars to, makes no sense, and I don't like that
statement. Okay.
Mr. Garcia also stated on line 18, the
concerns of the complaint were the added structures and
if the square footage would accommodate the on-site
sewage facility that is currently being operated there.
Now, the average person coming into my place
of business would not have any idea what the square
footage was that we were allowed to have, or what the
difference was between a commercial and residential
septic system. I asked once again who made this
complaint, oh once again, it's anonymous.
Gentlemen, I see a red flag here, too. I
think this complaint originated in the office of
Patricia Hulett. And I don't want to go into the
occurrences that might have brought this about, because
that's not the proper time for it.
Environmental Health did inspect and found a
residence, and a bar and grill. We're not a bar, number

C7

n
L
9
C
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
one, we're an outdoor biergarten, and I guess if you
want to use the word grill, that's fine with me, because
it's being operated as such. The owner states he is
living there and he's operating the bar and grill.
Found it to be in violation of operating a permitted
system, an altered permitted system. Nobody altered
this system whatsoever. It's never been touched since
the day it was put in.
And the square footage where people sit and
eat is still under fifteen hundred square feet. You
cannot encompass the whole complex here with the birds
and the garden and consider it quote the seating area
for people to eat and drink beer. We're under fifteen
hundred square feet. And they didn't even bother to
take the measurements. They didn't bother to ask any
questions.
So anyway, let me get back to going on about
the other statements that were said here. Like I said,
I'm kind of hopscotching around reading these things as
I'm trying to get them in my little mind here.
Commissioner Williams made a statement, and you have
fowl also, all sorts of manner of fowl running in and
out of the restaurant premises. Commissioner Williams,
I can appreciate that. Yes, we do have birds loose on
the property, but 99 percent of them are in pens. Okay.
•
F
•
C
c
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
8
~ Now, one other thing that you people never
bothered to check while they were here was all of the
3 birds on the premises. And by the way, as a humorous
l correction, we don't have guineas, no guineas. Okay.
We are inspected every year by the Texas Animal Health
Commission. Random blood tests are performed on our
birds, and an inspection of the facility is performed.
We have licenses hanging on our wall from the Texas
Animal Health Commission. They didn't even bother to
ask about the birds. They're all health certified.
And furthermore your own county agency as a
result of this brouhaha came over and made their own
personal inspection from the animal control unit. Found
the place to be one of the most sanitary facilities she
had ever inspected. So we are licensed, we are
certified to have these birds on the premises. There is
no danger to human health whatsoever. That's what
they're tested for. Now, that clears up that point.
Commissioner Williams, your next statement
on line seven is that we have no grease traps and so
forth and so on. Well, once again, gentlemen, somebody
told you a blatant -- well, I don't know,
misinformation. I won't go so far to say the other
word, but misinformation.
Miss Hulett has documents in her possession
L
•

E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
that this grease trap was purchased on 10 of '08 and
installed two days later. And I want to know why
Mr. Garcia is telling you that it wasn't done, because
it was done. There's another one.
And remember, gentlemen, you're having a
meeting on the 27th and you're saying that none of these
things were done. They were done. It's all documented
by my documents and those in the possession of Miss
Hulett and Mr. Garcia. All right.
Commissioner Williams, on top of that,
that's your exact words, then you got two rooms built up
on top of a structure which ostensibly, I guess, was
supposed to be hotel rooms, with no showers, no
facilities, no nothing. Commissioner Williams, is
Schreiner Park -- you know what I'm going to say,
Commissioner Williams? They have cabins, they have no
restrooms in their cabins, they have no showers in their
cabins. The people must go and use the outside
facilities. That's just what we have here, but ours are
only 35 feet away; yours are 50 and 75 yards away. So
how can you be critical of me for not doing this when
you don't even require it of your own park. And that's
all I'm going to say on that.
Mr. Garcia further goes on to say about my
water usage, and that it's up and down like a roller
L
•

c
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
10
coaster. Well, for the last five months, gentlemen,
' it's been pretty well regulated. And they didn't tell
you that either. And the reason it was up and down
before was because I owned all the property, and to save
three hundred fifty dollars a year, because we weren't
using enough water on both premises, we ran through one
meter, which is on lot number two.
Once I gave that piece of property to Miss
Dewey, I put a new water meter in on this property and
that's when the water usage began on this water meter.
And that should be pretty well self-evident because I
showed Mr. Garcia and Miss Hulett and the sanitation
engineer the water usage on both pieces of property.
And it's very understandable that we had water only
running through one meter, not on this property, but the
next door property, to save that additional money every
year. Only smart. Okay, that takes care of that.
Also on page 105 Mr. Garcia makes a
statement that this case goes back a few years.
Gentlemen, this case didn't come to light until late
July or August of this year. If you want to go back a
few years to when I bought this property, the Upper
Guadalupe, UGRA, demanded that I replace all five septic
systems. Okay, I did.. We replaced them all. And at
the time they were put in Mr. Charlie Wiedenfeld was the
•
•
•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
11
inspector approver, the head honcho at UGRA. He was
fully aware that this business was being built and it
had already begun being built when the septics were put
in. At no time did Mr. Wiedenfeld inform me that I had
to do things any different than that were done, nothing.
This business was featured on the front page of the
Kerrville Daily Times in full color in 2003. Every
county official has known this business has been here
for the last six years. Why all of a sudden after all
this is done that now we have a problem. Anybody and
several county officials patronize this establishment,.
sanitarians, registered nurses, everybody, why didn't
somebody say, because nobody knows that there's a
difference between a commercial septic tank and a
residential septic tank. And you know what, gentlemen,
I've never seen a septic tank that they all look the
same, just the size. So for six years we have been here
and now suddenly because the place has become popular
and successful we have got a problem.
Gentlemen, I'm going to quit nitpicking on
this stuff a little bit here, and I just want to say one
thing. There's a lot of facts that you weren't
presented with, whether Miss Hulett and Mr. Garcia
couldn't find their paperwork, forgot their paperwork,
or just didn't want to tell you about the paperwork.
•
F
c
1(
1J
l~
1~
14
15
16
17
18
19
20
21
22
23
24
25
12
1 Number one, as I stated, the professional
2 sanitarian, registered sanitarian was hired September
3 21st. The grease trap was installed. The first water
~ samples were taken on 9-18, the next one was on 9-25.
~ Once again these documents were submitted to Mr. Garcia
i and Miss Hulett at the environmental agency. They claim
~ to the Court they did not receive these. I have them in
S my possession, they're all dated. The last water test
that again was requested of me was performed on 10-9.
~ Water samples are only taken on Thursdays and takes
between five to ten days for the results, making three
tests done encompassing over a month.
The rock patio was removed two days ago, and
that was only because of the equipment that we needed to
rent and the workers that we needed to hire, but we were
still well within our deadline.
What I'm trying to say is that this hearing
on my business would not have been needed if this
paperwork would have been presented to you, instead of
saying they never got it. 99 percent of everything that
was requested of was done prior to the Commissioner's
Court hearing.
In addition, we had already been issued a
ticket which our attorney pleaded us not guilty for,
and a pre-trial hearing was scheduled for December third
E
•
n
i
c
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
13
L in J.P. Court or County Court, I don't know which one it
'. was. So I don't understand without due representation
t and without notifying me or my attorney of this hearing,
why didn't you wait. Why was this action necessary
without me even having a time in Court, and not even
given time to get this work performed. The deadline was
the 21st, that's today, gentlemen, and your full
three-page report has been submitted to Miss Hulett and
we have been found one hundred percent in compliance
with all state regulations. And that report is
available -- it will be made available to Mr. Emerson
because my attorney will deliver it to him. And you can
have a copy of it from Miss Hulett if she can find her
paperwork.
Now, I'm going to tell you I'm going to make
one more statement. This process could have been
handled in an administrative manner, and when Miss
Hulett was asked what we needed to do, I would have been
more than willing to comply with it. But Miss Hulett
did not know what we violated, what we were supposed to
do, and that's why we had to spend the thousand dollars
to hire a registered sanitarian to tell her what to do.
So maybe Miss Hulett needs to hire the registered
sanitarians to have her job, because they know what
they're doing, because obviously she can't tell anybody
14
L

n
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
what to do. And I think it's very unfair for county
officials who are in high-powered positions, such as she
is, to not know what they're requiring of people to do.
Do you understand what I'm saying? That they know what
to do, they should know what to do. People shouldn't
have to go out and hire an attorney and hire all these
professional people when she doesn't even know what
we're supposed to do. It doesn't make any sense to me,
gentlemen.
Anyway, so far this little project has cost
me over eight thousand dollars, and I really don't
appreciate it too much. We had to do a lot of damage to
this property when there was nothing broke to begin
with. Nothing was broke, everything was working fine.
Yes, I understand the grease trap, not a
problem. I can even understand the patio, not a
problem. But all this other stuff going to Court,
having these injunctions, my Lord Almighty, putting an
injunction, you've made me guilty. I wasn't even there
to defend myself, and you presumed me guilty? I think
that's totally unfair, gentlemen.
Now, I'm going to give you some more facts
bit by bit that Miss Hulett didn't present to you
either. On our liquor license from TABC, in six years
we have received no violations, zero violations. The
•
E
7
•
[~
c
J
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
15
law has never been here for a disturbance or fight,
disorderly problem, anything. Nobody has ever been
arrested for a PI, and as far as I know, to the best of
my knowledge, nobody's been arrested for having a DWI
out of this establishment. Zero violations on TABC.
We are licensed by the Texas Department of
State Health Services for our food. We're inspected as
most restaurants always are, and then in the course of
six years, once again zero violations. You've got
restaurants in Kerrville that get 16, 18, 19, 20
demerits every inspection. We have had zero.
We also have a certified licensed food
manager on premise six hours a day, weekends and
holidays a minimum of ten hours a day. So we're fully
licensed on animals, we're licensed on food, we're
licensed with TABC, and we have a perfect record with
all those organizations. I wish this would have be
presented to y'all.
We have also been inspected by the Fire
Marshal and found to be in full compliance, as well as
the Chief of the Center Point Volunteer Fire Department,
with no violations.
Now, to continue on when y'all had a little
bit of chuckles on the chicken race. That International
Chicken Race is sponsored by us here, and so far we have
16
•

C
i
f
c
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 given over 20 thousand dollars -- 25 thousand dollars to
? Camp C A M P in merchandise, equipment, animals, as well
3 as cash, to build the new nature center at Camp
~ C A M P. I think that's quite something for a little
Number two, we provided cash money for the
uniforms and equipment for the Center Point little
league baseball program. People come from all over for
this chicken race. The last chicken race, we had over
800 people here. And I think that's quite something.
And I'd hate to see that money taken away from the kids
in this town that really need a little bit of help.
That's about all I'm going to say on that.
Also, we provide field trips for school
students, most of them in the elementary and middle
class groupings. We do probably four to six field trips
here a year from Boerne, San Antonio, Ingram, Kerrville.
We have anywhere from 25 to 85 students at a time. When
these students come here for their field trip, we
suspend all alcohol sales. There's no alcohol served
during the field trips. Now, that's a loss of revenue
to me, but I don't mind because I really enjoy the kids.
They get to learn about the birds, talk to the birds,
birds talk back to them, get to pet two hundred pound
tortoises, feed the babies, look at all the plants, ask
17
•
•
[7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
all the questions, see mother nature at its finest in
the botanical garden. They go away with a real
education. And by the way, on all the field trips they
all get to do the pottery, which is my pride and joy.
Each student we pre make items, whatever their teachers
recommend for them. They get to come in, glaze them,
paint them, color them any way they want, no charge for
that. And then we fire them up, they're returned to the
schools, and the children give them out as Father's Day
gifts, Easter gifts, Christmas gifts, Mother's day
gifts. So they get a real education from mother nature
to animals to art.
Next thing, I provide mentoring for high
school and college students after their class hours if
they need additional help in the field of art. Also I
have teachers over at the high school level and college
level that come in for mentoring to increase their
skills or ask questions, get a little bit more
knowledge, whatever they want to do. And again, there's
no charge for that.
For the past five Thanksgivings we give away
free food on Thanksgiving. The most meals we have
served is 253. There's no charge for this, you can eat
your meals here, you can take them home. We have nurses
and home health care people that come up and pick up
1Q

•
•
1
1
1
1.
l~
1!
lE
1.
l~
19
20
21
22
23
24
25
1 to-go plates which we provide to take to the handicap
2 and the shut-ins. Again, that's free.
3 One other thing I think
y'all need to know,
4 too, is we've had over 14 weddings performed at our
5 business. Three of them have been officiated by various
6 J.P.'s in Kerr County. We do that at no charge. We've
7 always had good responses from all the ministers and the
8 J.P.'s on what a wonderful setting that it is.
9 We also provide free WIFI service for the
0 college students who like to come in and sit at the
1 garden in the evening, do their studies, write their
2 reports, as well as realtors, lawyers, who come in here
3 and do this computer work because it's peaceful and it's
} quiet.
' So you got a lot of good things going on
over here in Center Point, gentlemen, you know. And I
was told once upon a time -- oh, a whole lot of things,
but one of them comes to mind right quick is that every
now and then a person can light a light in a dark room,
and I think that this little business is the highlight
of Center Point, and I think that the half a mile of
river front here with all of the six pieces of property
that I did own, and that I do presently own part of
them, is probably one of the most pretty drives that
you'll see. All the trash is gone, the prostitutes are
19
•
•
C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
gone, the drug dealers are gone, the junk cars are gone.
It looks like a manicured golf course.
And by golly, I've done all I can do in
addition to paying taxes to make Center Point a pretty
place, a place where people want to come. So I've done
my part to light that dark room. That's about it.
In addition, we probably had hundreds of
anniversary parties, birthday parties, graduation
parties, bridal showers, family reunions. And once
again, these facilities are free of charge to the
I
public.
You can come here and go fishing for free,
and we even turn the lights on at night if you want to
do nighttime fishing. And one other thing that the
environmental health services people might like to know
is that we provide the only 24-hour a day public
restroom facilities in Center Point. And I'll tell you
what, a lot of law enforcement officers are pretty glad
that it's here.
And furthermore, the City Park in Center
Point, which has hundreds of visitors per week,
overnight camping, has no restroom facilities at all.
So what do you think these people do? Well, they
probably don't know about our restrooms, so I guess they
just use the river and the woods, so I think you better
20
•
•
~~
11
1:
1~
l~
19
l~
lE
17
18
19
20
21
22
23
24
25
1 look at some environmental issues that really need to be
2 addressed instead of picking on those that are pretty
3 well doing their job.
4 I don't know how to recap what I'm trying to
5 say, but I do want to let you know one thing. This
o place is sanitary, it's healthy, it's wholesome. It's a
7 family-oriented place. In fact several of you have even
3 been in here. We don't permit any profanity, we don't
~ tolerate any nonsense, because it is a family place.
~ Through this past summer we had people from
29 foreign countries come through here, including the
' world acrobat team out of, I believe it was
Czechoslovakia or Yugoslavia, I'd have to get out the
photographs and the guest book and check it. Every
state in the United States was represented by people
coming through here this summer.
Now, when these people come here they may
stop in and have a beer or a burger. But they really
come because they've heard it's quite a unique place to
look at. And while they're in town, gentlemen, you
gotta remember, they stay in motels in town, they shop
at the grocery stores in town, they buy gas in town.
These people that come to see us, they're spending a lot
of money in Kerrville. And I'm sorry we draw such a
great crowd, but we've never advertised it, so it must
21
•
t

1
2
3
be good if that many people have heard about it.
I guess there's a couple of last-end
comments. I just want to say that I think this is very
unfair that this went to County Commissioner's Court
without any notification or advisements, or anything to
my attorney who is in contact with the county attorney
all through this, and that I was not notified of it. I
had to find out about it through a kind, considerate
person in the courthouse who came into the establishment
and asked me why I wasn't in Court. And I said, you
know, gentlemen, what are you talking about? In Court.
Yeah, they had a hearing on your business, you had some
injunctions. I said did what? Well, I'll print you up
a copy of what happened, David. I said please do. That
person brought it back.
I got so steamed up from the untruths and
the things that were said in there that I guess it just
really did something to my system. And that was
Saturday night before closing time. Sunday morning,
woke up, coming to work, down the highway by HEB all of
a sudden I got to talking about it, to my wife, and my
whole system just went kafritz. Right to the emergency
room, we went to the VA, they put me on all the
E machines, got me hooked up to IV's, put me in an
i ambulance, transported me to Audie Murphy under where I
4
5
6
7
8
9
10
11
12
13
14
15
16
17
lE
l~
2C
2J
2~
2:
2~
2'
22
•
•

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And when a person is an everyday tax payer,
doing a good job, keeping his nose clean, he's subjected
to that kind of stress that becomes life and death
threatening, I think we need to take a look at the
people that are running these agencies that are bringing
these kind of problems about.
And the one reason I ran for county
commissioner, and you all know I did, was just because
we need more agency assistance, guidance and help,
rather than punishment, punishment, violation,
punishment. Let's get real here and make these agencies
work with people rather than just going out there and i
slamming court appearances on them. ~i
And by the way, I don't know anything how
I'm going to handle this court appearance because y'all
have virtually found me guilty, and I think once you
read these minutes maybe you would like to go back and
talk to one another, and revote on all these
injunctions, because I think it's totally unfair. And I
don't want to have injunctions for whatever anybody
wants to snap their finger at to close this place down.
And I think if you'd have been provided this accurate
information that all of these things were done and in
23
•
•
C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2~
conformity and up to date, you wouldn't have made that
decision to put injunctions against us. If you'd have
known about all the health certificates and licenses
that we have, you wouldn't have made that decision. So
I ask you just kindly maybe take some time and review
it.
Furthermore, the original letter that Miss
Hulett and Mr. Garcia sent out to all the other state
agencies, if you read it closely, it made me guilty, it
made it sound like I had an unsanitary broke down system
that people shouldn't be using. Not one time did she
say the system is working fine, we just have some
administrative procedures and some minor things to take
care of. She gave us a black eye with every agency,
which has cost me several hundreds of dollars to deal
with. And I think it's real unfair to send a letter of
this out before we were ever found guilty of anything,
and before she could provide what violations we were in
violation of. The woman didn't even know what we had
done wrong other than we had a business. And that
doesn't constitute notifying every agency in the damn
State of Texas -- excuse me for the profanity, you can
strike that if you want to. It just was real unfair.
And I've had to contend with this. And I want, once you
get the final report where it shows we're in full
24
•
•
C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
compliance and have completed all these things, I need a
letter going back to these same agencies and telling
them look it, he is up to snuff. If they don't then
we're going to have some real difficulties coming on
down the pike.
So I guess what I'm trying to say,
gentlemen, is that I don't know how much more better we
can be, because obviously we're better than a whole lot
of places, but anyway that's neither here nor there.
I'm going to respectfully ask this
Commissioner's Court, since you didn't get the
opportunity or allow me to be at the first meeting, I'm
asking to you take this letter as a request for this
item to be placed back on the agenda, and I would like a
revote once now that you know the facts, the honest
facts, and rescind your vote on pending, future or any
injunctions against this business.
And furthermore, I think Miss Hulett and
Mr. Garcia need a severe reprimand for standing in your
courtroom saying that these things had not been done and
were not provided or anything when they had the
documentation in their hand way prior to October the
27th, and I firmly believe that if this information
would have been provided to you, the county attorney
knowing what was going on would have set this aside and
25

•

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
said gentlemen, we need to table this until we get all
the facts in, or we proceed with the Court hearing on
December the third. That's all I'm asking, I want these
motions of injunction removed, I don't want a black eye,
I don't want any bad thing said about this business.
I'll take my lumps for whatever's true, but I'm not
going to put up with this bunch of stuff that came out
of the environment agency office. Thank you.
Respe
{
•
•

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
THE STATE OF TEXAS
COUNTY OF KERR
I, DEBRA GIFFORD, a Certified Shorthand
Reporter in and for the State of Texas, do hereby
certify that the above and foregoing contains a true and
correct transcription of the proceedings requested and
statements made.
I furter certify that the total cost for the
preparation of this Reporter's Record is $160.00 and
will be paid for by Mr. David Lowell John.
WITNESS MY OFFICIAL HAND AND SEAL OF OFFICE,
this the 23rd day of November, A.D. 2008.
DEBRA GIFFORD, xas CSR #953
Expiration Date: 12-31-08
105 River Oaks Road
Comfort, Texas 78013
(830) 995-2217