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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, June 28, 2004
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
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
June 28, 2004
--- Visitors' Input
--- Commissioners' Comments
1.1 Final Plat Revision for Lots 14 & 15 of The
Horizon, Section One, Pct. 1
1.2 Final Plat Revision for Lots 32 & 33 of The
Horizon, Section One, Pct. 1
1.3 Concept Plan for Lot 118 of Kerrville South II,
Pct.1
1.5 Set Public Hearing for Revision of Plat for
Lots 7 & 8, Block 9, Saddlewood Estates
1.6 Consider authorizing Road & Bridge to
temporarily close Ehlers Road at the north
side of the Guadalupe River
1.4 Consider and discuss a plan to establish a
BB gun target range on HCYEC grounds
1.9 Consider Final for Alternate Plat of Lot 13,
Riverside Park, Precinct 4
1.10 Discuss establishing policies governing the
use of the courthouse building and grounds
1.7 Public Hearing for Revision of Plat for Tracts
12 & 13 of Hidden Valley Ranch 1, Vol. 4, Page 33
1.8 Revision of Plat for Tracts 12 & 13 of Hidden
Valley Ranch 1, Vol. 4, Page 33, Pct. 1
1.11 Consider approving Commissioner, Pct. 1 to
develop a plan for utilization of the fountain
in front cf the courthouse
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
--- Adjourned
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Cn Monday, June 18, 2004, 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:
P R O C E E D I N G S
JUDGE TINLEY: Good morning. Let me call to
order the special Commissioners Court meeting posted for
this time and date, Monday, June 28, 2004, at 9 a.m.
Commissioner Letz?
COMMISSIONER LETZ: Yes.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: At this time, if there is any
member of the public that wishes to address the Court about
any matter that is r.ot on the agenda, this is the time for
that to occur. If you wish to talk to the Court about a
matter that is on the agenda, we would ask that you please
wait until that agenda item is called, and while we prefer
that you fill out a participation form, it's not absolutely
required. If you'll somehow get my attention, why, we'll --
we'll recognize you so that you have an opportunity to be
heard nn whatever item -- whatever item you wish to be heard
on. But, at this time, if there's any member of the
audier_ce or the public that wishes to come forward and talk
to us about anything that's not on the agenda, why, please
feel free to come forward at this time. Yes, sir? Give
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your name to the reporter, please.
MR. ELLER: Commissioners, I'm Charlie Eller,
1C8 Wild Timber, Kerrville. I've just read the draft
proposal of the Kerrville Unified Development Code, and in
my opinion, it is the most blatantly unconstitutional taking
cf private property with no compelling public interest being
shown in it, and no compensation being offered. I think
it's total~y dangerous in that, as I read it, there's a
great possibility of you applying for a building permit and
rewiring your house, and finding out you've got to redo the
whole front of your property and your driveway so you can
turn around and drive out into the street. It's full of
stuff like that. After watcr~ir~g the City Planning and
Zoning Board in action, I'm convinced that any interlocal
agreement -- which they refer to in the U.D.C., and I don't
believe exists -- would be the start of an effort to expand
city control over the rest of the county, and I urge the
Court to resist all efforts to extend the power of the City
of Kerrville beyond those delegated by state statute. Thank
you.
JUDGE TINT,EY: Thank you, Mr. Eller. I
appreciate you being here with us this morning. Is there
any other member of the public that wishes to be heard about
any matter that is not listed on the agenda? If you wish
to, why, please come forward at this time. Being no other
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indication of anyone else, why, we'll move on with the
business as listed on the agenda. Commissioner Letz, have
you got anything for us this morning?
COMMISSIONER LETZ: Yes, a couple comments.
And it must be a great day, because Mr. Eller and I are
t.aving the same topic that we're going to start out talking
about, U.D.C. I just wanted to remind the -- everyone that
there are several mere dates to get your opinion before the
Panning and Zoning Commission and the City. Based on the
schedule that I have, on July 1st, this Thursday, there's
another meeting before the Planning and Zoning Commission,
and then on July 13th and 27th are scheduled the first and
second readings of the U.D.C. before the City Council, so
there are some opportunities to get your opinions voiced if
you so choose.
MR. ELLER: I may be wrong, but I understand
the deadline to get on that agenda was Wednesday.
COMMISSIONER LETZ: Wednesday?
MR. ELLER: They are cycling everything like
that.
COMMISSIONER WILLIAMS: You're right.
COMMISSIOI`dER LETZ: I think a group of people
showing up will Nave some impact, in any event. And just in
regard more specifically to the Court, I had a visit with
the City Manager at some length the other day, and -- and
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because some letters have gone back and forth between the
City and County. I told him that our view of the resolution
was that we just wanted a format -- you know, open dialogue
in areas that are very important to the County, being
subdivisions in the ~'TJ and airport. And I said there was
no intent for us to get into city business, and we just --
but we are very adamant that in those two areas, that we are
brought along and -- and agree and work with them, not told
by them what to do. And I think they understand. And I was
going to put this item on the agenda today related to that,
but based on that conversation, they have not had time -- or
a meeting to respond to our resolution at the last meeting
to appoint a committee. Their City Council meeting is
tomorrow night, so I'll see if they do it or not at that
time. i have no idea. There is an airport committee
meeting, which is working very well with the City, and Bill
and I will be at that tomorrow morning.
And the other item I have is -- I probably
shouldn't bring it up, because it's not a very happy
subject -- baseball. University of Texas got -- just --
only word for them is -- in the finals, is choked. They
absolutely did terrible. You cannot win games at that level
when have you three errors, which they Yrad three errors in
both of those games. The only shining light that I can see
in that is that my nephew, Ryar_, did exceptionally well in
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both games. He was about the only player on the team that
played a good game. But he had a good game, and there were
some other good catches, individuals. But Ryan had a good
series, which is good, but it doesn't make the loss any
better. That's it.
JUDGE TINLEY: Commissioner Nicholson?
COMMISSIONER NICHOLSON: Got two things,
Judge. On the zoning issues, the people who I represent in
the western part of the county, or the vast majority of
them, probably 90 percent or more, believe in limited
government. They don't want government unnecessarily
interfering in their lives, except in the most basic ways,
to provide health ar_d safety and servir_es like that. So, I
}lave no interest in or intent -- I have no intent to support
any extension of the City of Kerrville zoning rules out into
the county. Second thing -- aid Judge Tinley saw it. We
have our first red light in Hunt, and it's there at the Hunt
Crossing, the bridge, where a flood three weeks ago did some
pretty substantial damage to the bridge. And I really did
-- was impressed and appreciated the fact that TexDOT went
out, got on that right away. gust within about two days,
they let a contract, and the -- to repair the bridge, and
then with a 15-day estimate of how long it would take. Now,
we had high water again while they were working on it; there
was water over the bridge again, and so they -- I think they
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probably lost a couple days there at least. But TexDOT's
doing a gocd job, and we'll be back in service again pretty
soon; we won't have a re d_ light in Hunt. That's all.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: Thank you, Judge. I
appreciate the update from my hometown about the red light.
It is temporary.
COMMISSIONER NICHOLSON: Yes, sir.
COMMISSIONER BALDWIN: Okay, gocd. I just
wanted to give an update -- and I'm sure that the remaining
two members of the Court will have comments about this as
well, the Aqua Texas rate increase issue. I understand that
we now have -- Kathy informed me this morning we now have
approximately 704 signatures, :~UU shy. And 63 of those have
already been mailed -- the letters have been mailed. Judge,
you mailed the letters this last week? I know that there --
my neighborhood is -- over the weekend and end of last week,
I handed out letters door-to-door, and I -- this morning, in
the kitchen in the back of the courthouse, I saw a petition
laying there with 15 or 20 signatures cn it laying right
there. So, I feel confident that we're going to reach our
goal, but still we need to -- we need to stay out there
and -- in my opinion, we need to get way over 1,000 just in
case. So, anyway, I think that's coming -- coming around
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just fine. Also, Item 2, in the courtroom today is some
observers from the League of Wem.en Voters. I see three back
there, and we -- we welcome you. And we -- it's exciting to
have people that take an interest in our -- in your
Commissioners Court. So, that's all for now.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: I appreciate
Mr. E11er's comments about the U.D.C. and what that's all
about. Suffice to it say there is a great amount of outrage
building in the -- in the community over certain aspects of
that. Whether or not they're resolved to everybody's
satisfaction remains to be seen. But I know Commissioner
Letz and Commissioner Baldwin will work hard to get ours
resolved, and we do have some issues that need to be
resolved. On the Aqua Texas thing, I introduced the -- our
resolution at the Rural Judges and at the Alamo Area Council
of Governments Board of Directors meeting. Both bodies
unanimously approved our resolution regarding the support
for Aaua 'T'exas public hearing, and will forward those
resolutions on to the appropriate people.
Speaking from a perspective of an old
sports -- college sports fan whose team seldom wins, so I
can say this, I think, with impunity, I noticed that the
University of Texas team, after it lost its -- lost its
College World Series, didn't show up to get its second-place
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trophy, and I think that's kind of a -- nct a good show of
sportsmanship, althcugh I know they worked hard all season
long. But they shouldn't let that get in the way of the
fact that they earned the -- they earned it, and they owed
it to the fans and everybody to show up and get their
trophy.
COMMISSIONER BALDWIN: I think they ran out
of gas, Bill.
COMMISSIONER WILLIAMS: Oh, they ran out of
gas? We11, they were in the locker room. That's it, Judge.
JUDGE TINLEY: Did you want to respond to
that? Equal time?
COMMISSIONER LETZ: No. I was going to
respond to something else that I -- I don't believe it's on
the agenda, but I heard some conversation regarding the Aqua
Texas, and I don't know if you all received the memo from
David Motley related to that. It was on my computer early
this morning. And the -- and this is just from a public
information standpoint. His conclusion is that -- well,
I'll read it. His summary, "In short, Kerr County lacks the
authority to contribute to the pending water rate hike
challenge of great interest to the citizens. Statutes and
cases mentioned to herein are attached documents."
Basically, we have nc authority to spend any County funds on
this matter, so I just wanted tc state that for the public
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standpoint. He researched the statute very closely, and
while we can certainly help coordinate, we cannot spend
County funds on that matter.
JUDGE TINLEY: Thank you, Commissioner. With
regard to the Unified Development Code, as was indicated
earlier, the -- the last public hearing before the Planning
and Zcning Commissicn is this Thursday at 4:30, and the
deadline -- or the published deadline for getting on that
agenda was noon last Wednesday. I might also point out
that, with respect to the two meetings before the Council,
the Planning Director for the City of Kerrville has stated
publicly on a number of occasions that -- that he did not
believe that the Council was going to address any items or
allow anyone to address them with respect to any items which
had not been presented to the Planning and Zoning
Commission. The long and the short of his statement is, if
you didn't show up before the P & Z to press your case or
your concerns, that -- at least it was the Planning
Director's conclusion that you weren't going to even be able
to talk to the City Council about it. Maybe that's true;
maybe it's not. I don't know. That's certainly up to the
Council. I encourage everybody to attend that meeting, and
to attend the Council meetings that are set for July. I
think it's something that concerns all of us, whether we
live in the city or the county, because I see it as
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something that materially affects the ccst of doing business
within the city, and it very well could result in higher
costs for goods and services because of the additional
requirements that -nay be imposed by this Jr.ified Development
Code. So, notwithstanding the fact that we don't live in
the county -- in the city, and we're maybe even outside the
ETJ, I still see it as a matter of serious concern to all of
us.
I wculd also like to express my thanks to all
those who took an interest to participate in the benefit
this past weekend that was out at the Youth Exhibit Center,
the benefit for the family of -- the Knapp family, the
trooper that lost his life in the line cf duty here a short
while back. I was out there for a short period of time, and
there were a number of people there. I understand it was
well-attended, and the event came off very, very good, and I
want to thank everybody who participated, whether they may
have been out there on Saturday, or whether they may have
p'~aced something in one of the silent auction or the live
auction items. But I think it's a good testament to our
support of this family that lcst this nice young man.
COMMISSIGNER LETZ: Judge, questions on the
public hearing issue with the P & Z. And you may not kr_ow
the answer. Is it -- I didn't know that you could prevent
people from speaking at a public hearing. I thought the
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purpose of a public hearing was to get people to speak. And
putting a deadline of over a week in advance seems -- I've
never heard of that. Is that customary, to your knowledge?
Or do you have any idea?
JUDGE TINLEY: That's a very good point,
Commissioner. If -- if I were to attempt to impose that
requirement here, 1 would hope that -- that the public would
become outraged at it. But we'll -- I guess we conduct our
business in our way, and they can proceed in whatever way
they deem appropriate. But, no, I'm not aware of public
hearing practices.
COMMISSIONER. WILLIAMS: My understanding of
it is that you may show up, and you can probably speak, but
if you haven't presented. your item for them -- their
consideration earlier, they're not going to -- they're just
going to listen. They're not Going to --
COMMISSIONER LETZ: Well, as long as they
give the public an opportunity to speak, that would be my
concern. If they're trying to stifle input, I would just be
surprised.
COMMISSIONER WILLIAMS: Well, if it's just
going to go in this ear and cut the other, it's of little
value.
JUDGE TINLEY: Okay. Let's move on with the
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a final plat revision for Lots 14 and 15 of The Horizon in
Section One of The Horizon located in Precinct 1.
MR.. JOHNSTON: This is a -- good morning.
This is a combination of two lots. Had a public hearing a
couple times ago, and it's combining Lots 14 and 15 into
14-A, making it a 10-acre lot. I recommend approval.
CCMMISSIONER BALDWIN: Judge, I move that we
approve the final plat revision for Lots 14 and 15 of The
Horizon, Section One.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: 1~9otion made and seconded for
approval of the agenda i`em. Any question or discussion?
All in favor of the motion signify by raising your right
hand.
(The mction carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Next
item. cn the agenda is consider final plat revision for Lots
32 and 33 of The Horizon, Section One.
MR. JOHNSTON: This is very similar. Lots 32
and 33 are combined into Lot. 33-A, which totals 11.08 acres.
Had a public hearing already, and I'd recommend approval on
this one.
25 ~ COMMISSIONER BALDWIN: Judge, I recommend --
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I move that we approve Lhe final plat revision of Lots 32
and 33 of The Horizon, Section One.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval cf the agenda item. Any question or discussion?
A11 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. Next
item is consider concept. plan for Lot 118 of Kerville South
II, located in Precinct 1.
MR. JOHNSTON: Lot 118 contains 6.21 acres.
It's located in a platted subdivision, and the owner, who's
here today -- if you have questions, he can talk to you
about it, P~7ike Tuck -- would like to divide that into five
lots. The way I see it, the way -- the way it's laid out
right now, it's already kind of divided into two lots. The
Madrona Drive cuts through the corner of Lot 118 and creates
a small -- actually, when you take the roadway out, it's
just slightly less than an acre, leaving the balance on the
other side, which he wants to divide into four lots. It's
served by a public water system. There are two items --
that's why he wanted to bring a concept plan to the Court --
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that didn't fully meet the Subdivision Rules. One lct, like
I said earlier, is slightly less than an acre; it's .906 of
an acre. That could be argued, though, that that part could
be grandfathered, because the road -- ever since the road
was built, it's been di~.Tided like that and less than an
acre. In fact, it probably wasn't originally, but when he
took the road right-of-way -- he's dedicating the
right-of-way, one and a quarter acres, that made it less
than -- if you cut to the center line of the road, it would
be an acre plus. That's the issue on that one. And the
other issue is that one lot has 142 feet instead of 200 feet
of frontage.
COMMISSIONER BALDG]IN: It shows that when the
there, the right-of-wa	y.	Over	an acre	of land.	And the --
the frontage issue, in	my	mind	-- I may	think a	little
differently than you other guys, and I know that would be
surprising, but the 200 feet, in my mind, relates to things
like site distance and safety. The reason that you would --
and I know it solved the flag lot issue, but the only reason
that I see that we would have 200 feet frontage is because
of site distance, which would be a safety issue. So, I --
and in this particular area, there is not a site issue
problem, so I -- I don't have any problem granting a

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variance from that -- from that particular issue.
COMMISSIONER NICHOLSON: Commissioner, is
this property served by a central sewer system?
COMMISSIONER BALDWIN: Yes, sir -- oh, sewer
system?
MR. JOHNSTON: Not sewer system.
COMMISSIONER BALDWIN: No, not with a sewer
system. Water, yes.
COMMISSIONER NICHOLSON: Separate?
COMMISSIONER BALDWIN: Yes. They got septic
tanks.
COMMISSIONER LETZ: I don't have any problem
with this. This is a -- a variance is required on the --
from a water standpoint, but that's something that we've
done, and we're going to change it if we ever get around t~
doing our Subdivision Rules. It currently says to go to
1 acre on a public system, you have to be -- use surface
water, but there's no mechanism for that currently in the
county. There was, I think, a hope that we would go that
direction, but it doesn't work. We have gotten away from
that provision in the past. On the site distance issue or
the frontage, I believe Commissioner Baldwin's correct, that
that is a -- it's a site issue more than anything else, and
we, on numerous occasions, give a variance to that, as long
as, you know, it is a -- meets, I guess, a safety test. And
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on the one lot that's a little bit less than an acre, that
doesn't -- that's -- I think we can give a variance for that
as well. So really, I guess, technically, there are three
variances that would be required to do this. My only
question -- I don't have any problem with any of them. My
only, I guess, comment would be that the septic -- wrien you
go to lots this small, the septic issue can become an issue
and can become expensive to put systems in that meet the
requirements of the law. But that's up to the developer;
that's not our decision.
COMMISSIONER BALDWIN: Mm-hmm.
MR. JOHNSTON: No action required. This is
just a concept plan, so we'll -- he'll formally ask for a
variance, I guess, with the preliminary plat revision.
JUDGE TINLEY: Anything further on this item,
gentlemen?
COMMISSIONER BALDWIN: No, sir.
JUDGE TINLEY: Let's go to Item 5, if we
might. Set a public hearing for revision of plat for Lots 7
and 8 in Block 9, Sadd~ewood Estates, Section Three, located
in Prer_inct 1.
MR. JOHTISTON: Yeah. These are lots in
Saddlewood Estates, and they'll be wanting to combine them,
like we previously did in The Horizon. I'd suggest a date
for the public hearing be August 8th at 10 a.m.
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COMMISSIONER BALDWIN: And I agree. Is
Mr. Dcmingues --
MR. JOHNSTON: He's not here.
COMMISSIONER BALDWIN: I thought I saw him.
MR. JOHNSTON: He was here earlier, but he
had to leave.
COMMISSIONER BALDWIN: I move we set the
public hearing date as August 8, 2004, at 10 a.m.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
setting a public hearing for the revision of plat of Lots 7
and 8 in Block 9, Saddlewood Estates, Section Three, for
August the 8th, 2004, at 10 a.m. 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: That motion does carry. Next
Item, Number 6, consider and discuss authorizing Road and
Bridge to temporarily close Ehlers Road at the north side of
the Guadalupe River. Commissioner Letz.
COMMISSIONER LETZ: I put this on the agenda
for a couple reasons, and I put some backup where I tried to
give a little bit of history. This is a -- a very low-water
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crossing, like Hermann Sons Road and Lane Valley. It
serves -- well, two property owners use the road to access
their property. The bridge has been underwater for the
better part of the last two months, if not longer than that,
so there's a -- a public safety issue that -- to close that
from a temporary standpoint. There's another issue, that
one of the property owners bought the property about a year
ago; they have documentation. that that is actually a private
road, not a county road. T think they're wrong on that, but
I think that it's a -- and the reason I think it's wrong is
that -- I think, originally, they were probably correct; it
was a private, but the County has expended funds on that
bridge for I know at least 20 years, based on talking to
prior Commissioners and Road and Bridge Department. And I
think, because of that length of time, and the fact that
we've spent funds -- public funds on that bridge, I think
that is a public -- a County-owned bridge.
TexDCT shows it as a -- it's under the
Off-System Bridge Program. They have it on their list to
replace it at some point as a Priority 2 replacement, which
means it's important, but not scheduled. The -- one of the
property owners -- or, I guess, two property owners
together, they've put a gate up on the north side of the
river to prevent you from crossing the bridge. They had a
lock en it. I instructed Road and Bridge to cut the lock
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off till we resolved it, but I did tell the property owner
that I have no problem with temporarily authorizing closing
the gate, and I really don't have a problem putting the lock
on it until the river goes dcwn, give us a little bit of
time to sort out if it's a private bridge, and more
importantly, from a safety standpoint, to make sure there's
no access across the bridge until the river goes down some.
And it -- and I would say, with these recent rains, all of
July it will be under~~Jater. Very low-water bridge. So,
I'll make a motion that we authorize the gate being closed
across Ehlers Road on the north side of the river, and if
the owner so chooses to put a lock on that gate for a
temporary -- on a temporary basis, I would say this would
expire -- we'll revisi~ this the first of August.
CUMMISSIUNER BALDWIN: Second.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY:
approval of the agenda item.
or discussion? All in favor
raising your right hand.
(The mction c
JUDGE TINLEY:
Mction made and seconded for
Is there any further questions
of the motion, signify by
arried by unanimous vote.)
A11 opposed, same sign.
(No respcnse.)
JUDGE TINLEY: That motion does carry. We
have a timed item now at 9:30. Consider, discuss a plan to
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establish BB gun target range on Hill Country Youth Exhibit
Center grounds. Commissioner Williams?
COMMISSIONER WILLIAMS: Last week, our friend
Arthur Nagle came to visit me with his idea regarding a BB
gun target range, and I indicated to him I would place it on
the agenda and give Yrim an cpp~rLuniLy t~ c:~me explain his
idea to all of our -- all members of the Court. Even though
the newspaper reported it as my idea, it is Arthur's idea.
Come talk to us, Arthur, please.
MR. NAGLE: I would like to, for the
record --
COMMISSIONER BALDWIN: Judge, let's get his
microphone up in his mouth, make sure he's turned on.
COMMISSIONER WILLIAMS: It's on.
MR. NAGLE. Okay.
COMMISSIONER BALDWIN: Speak up, Arthur.
MR. NAGLE: .All right.
COMMISSIONER WILLIAMS: There you go.
MR. NAGLE: Okay. For the record, my name is
Arthur Nagle. I'm a resident of Kerrville, Texas; also of
Kerr County, Texas. And I want to thank Commissioner
Williams for the publicity in this morning's paper about
establishing a BB rifle target range for public usage. He
referred to an organization. To this point, I am. that
organization. But as soon as ~.~~e have a place to put the BB
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rifle rar_ge, we ~.~~ill hate an organization that not only you,
but the entire area will be proud of. What we are
proposing, gentlemen, is a sports facility available to the
entire family. We're proposing a BB gun rifle range; no
pellet guns, no .22's, just BB guns. You have before you
the configuration of the range. We would like to place the
range on the area of the Youth Center east of town, so we
can make it available to the youth of the town arriving by
bicycle and walking and so forth.
The organization that will construct this
range will have a number of officers. One of them will be a
team facilitator. We propose to have adult teams using the
BB gun range. We propose to have youth, both as teams and
as individuals, use the ranae. It will be in operation only
during the daytime; be no electricity, no nighttime
shooting. We're going to ask you gentlemen if the range can
be built on the youth property out there so that the
Sheriff's deputies, as they patrol, can also pass around and
see if everything is okay and continues to be okay at the
range. One of the officers in the organization will be a
team facilitator. This person wi11 get many more persons to
work with them in developing teams of BB rifle shooters in
the local businesses, churches, clubs, schools, for the sake
of friendly and real wholesome competition. One day, we may
see teams of four Baptist against four Presbyterians. My
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goodness.
Mr. Mitchell, the sports director of the
daytime, has counseled with me, and would like to see this
happen. He would like to see youth from our various high
schools in this area. We can almost have competition only
within our high schools. When we -- if you approve of
having the range, gentlemen, at opening time I will try to
have Ms. Crenwelge from Fredericksburg High School, a very
fine young lady that's about 17 years of age, who has medals
in going for BB gun competition in other cities of Texas and
in other states ir_ the southern area of the United States.
I would like to have our youth be qualified, have a place
where they could practice in order that they might
participate also in state competitions, in district
competitions. In the act of shooting -- in the act of
shooting, they will learn sportsmanship, they will learn
marksmanship, they will learn appreciation and safeguarding
ar.d the protection of public property. They will be able to
encourage their fellow youth to come down to the range and
shoot, instead of shooting at birds on power lines or
shooting at ducks on the river or shooting at someone's pets
that they decide they don't like.
Every time the range is used, there will have
to be posted notices that there must be an adult present who
will be kr_own as the Range Boss. The Range Boss will be
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responsible for telling shooters, whether they be adults or
whether they be youths, "Down weapons." When that occurs,
every shooter puts Their weapon down on the shooting
platform, and people go and retrieve their paper targets and
work on them, cher_k nn them, return to the shooting stand,
and no one touches a weapon. until the Range Boss says,
"Weapons up." We want this to teach safety, teach
responsibility, make it possible for mama and daddy to go
with the youth at the same time and practice on the range,
because we hope mama and daddy will someday be a member on a
team for their church or their club or their business. And
we'll see if sellers cf Ken Stoepel Ford can beat the
sellers of Cadillacs up the street, and put that in the
paper. Mr. Mitchell wi_1 be very supportive of us. Mr. Roy
Walston has been working with me. We will have 4-H members
using the target range that would be constructed.
I'm here to ask you the following: One, that
one of you or all of yotz help in selecting the site of the
range on the Youth Center. I picked out a spot that I
believe is appropriate, but it's your property, and you
should agree or tell me no, we'll do it some other place.
Second, I think the range will cost about $4,000 or $5,000,
because of the amount of hay for the backstop of BB's and
the shooting platforms. I'm asking the County to pay
$3,000. I personally will pay all the balance above $3,000
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in getting this established. I believe this will br_ng
families and youth together in a sport that both families
and youth can participate in. I believe that, in time, we
can have people come to Kerrville for competition shooting
for the benefit of Kerr County and Kerrville, and I would
like to see our youth be given the opportunity to go to
other cities and other states in time and receive medals for
their marksmanship. That's my offer to you gentlemen.
Everybody -- everybcdy wi-1 be shooting on -- on a standard
BB gun range target. A11 a person needs is an inexpensive
BB gun and a packet of BB's and a target. You can put 10
holes in this target with 10 BB's, and you will have
expended 5 cents, 3 cents on the BB's and 2 cents on this
piece of paper. Jery inexpensive, and it will give
everybody ar_ equal chance to not sit in the bleachers and
watch their kids, but actually stand and shoot from the
shooting stands along with their children. Thank you,
gentlemen, fcr your time.
COMMISSIONER BALDWIN: Mr. Nagle, I think
it's a great idea. I have -- I still have two Red Ryders at
my house.
MR. NAGLE: Oh.
COMMISSIONER BALDWIN: I use cne, but the
other one still has a little leather strap on it. There's
two things I'd like to see happen. I mean, I like the idea.
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Two things. I'd like to see the organization in place.
Seems like, to me, the -- to approve something without the
organization being in place is kind of the cart pulling the
horse. It's just my opinion. But I would think that you
could get with Mr. Holekamp back there; that's his job, and
then I'm sure Mr. Williams is wanting to get involved ir. the
thing, being as it's hi_s precinct, to find a place -- a good
location on the property, and then bring it back to
Commissioners Court. That's -- that's what I'd like to see
happen.
MR. NAGLE: To fill in the Court with respect
to the organization, I made the point that I'm the whole
organization at this moment, b~_it as soon as we have a place
to have a range, and as soon as -- yes, sir?
COMMISSIONER WILLIAMS: Arthur, you mentioned
having spoken with Roy Walston of the Extension Service.
And -- and touching on *~he subject that Commissioner Baldwin
referenced as being the organization that oversees this, I'm
wondering whether or not this particular effort couldn't
fall under 4-H, 'cause they do already have a range program.
MR. NAGLE: Yes.
COMMISSIONER [~1ILLIAMS: And they have people
in place, and they have activities and so forth. Could this
not --
MR. NAGLE: Very --
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COMMISSIONER WILLIAMS: -- fall under them
and be another adjunct to what they currently do?
MR. NAGLE: Very definitely, Commissioner.
The organization that we propose is a president, vice
president, secretary, treasurer, a team solicitor, and a
reporter. It could be that every person on this
organization officer area will be from and involved in the
4-H activities. He is very much -- he was not able -- in
the packet that I provided you, I gave you some petitions
where people signed asking for this. I received those
petitions from Gibson's store, where BB rifles are also
sold. Walmart has a set of BB rifles also, but they do not
have a -- a policy -- their policy prohibits havinq
petitions or the distribution of papers to customers on
their premises. Aria Mr. -- and Roy was out, I believe, in
San Angelo at a sheep/goat contest, judging, and therefore
did not get -- people did not come to his office, 'cause
they knew he was out of town. But he -- he would like to
get -- and I support wholeheartedly that we can have just
nothing but 4-H families as the officers, and there'll be
times when the range wi~_1 be exclusively, you might say, for
4-H boys and girls.
COMMISSIONER WILLIAMS: If the other members
of the Court don't have any objection, Arthur, I'm going to
suggest that ycu and I and Mr. Holekamp set up a meeting
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with Roy tihlalston and Laurinda Boyd and talk about whether or
not this could fall under their purview as an adjunct to
their range program, and see where that takes us. But why
don't I try to set that meeting up? We'll try to do that
after the 4th of July.
MR. NAGLE: Yes.
COMMISSIONER WILLIAMS: There will be enough
fireworks going on without that. And then we'll get
together and we'll chat out there and see how it fits.
COMMISSIONER LETZ: I think that's a good
approach. I think it's a -- trying to fit it under a
current organization is certainly a lot easier than creating
a new organization.
COMMISSIONER WILLIAMS: That's my thought.
COMMISSIONER LETZ: TYiat would be better.
And the only other comment that I would have related to the
funding, I'm not sure whether 4-H funding is -- I would be a
little bit reluctant, I think, to spend tax dollars on a
range. However, we do have community service; we do have
trustees that do wor',~ for us, and I would be, you know, more
than happy t~ authorize the labcr side of it, and the labor
is probably 50 percent, if not more, of the cost. And then
we can aet, through donations, hopefully, not just all from
Mr. Nagle, the materials that we require. But I think I'd
just probably get donations for that as well.
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COMMISSIONER r~VILLIAMS: I'll get back to you.
MR. NAGLE: Thank you, sir. Thank you very
much.
JUDGE TINLEY: Gee appreciate you being here,
Mr. Nagle. Good to see you. The next item to take up will
be Item 8, revision of plat for Tracts 12 and 13 of Hidden
Valley Ranch.
MS. ALFORD: You have the public hearing
first, l.? is with 1.8, correct?
JUDGE TINLEY: Ccrrect. Let me withdraw
that. I apologize. Let's go to Item 9, consider final for
alternate plat of Lot 13, Riverside Park, Precinct 4.
MR_. JOHNSTON: This was a plat revision
consisting of dividing a lot into a 5.28-acre tract and a
14.16-acre tract. It's already had a public hearing. I
recommend approval.
COMMISSIONER NICHOLSON: Move approval for
alternate plat of Lot 13, Riverside Park, Precinct 4.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any question or discussion?
All iii favor of the motion, please signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.

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(No response.)
JUDGE TINLEY: That motion does carry. We'll
move on to Item 10, consider and discuss establishing
policies governing the use of the courthouse building and
grounds. I placed this item on the agenda. As part of our
strategic planning earlier this year, that was one item that
the members of the Ceurt thought was appropriate to be part
cf that overall strategic planning, and for that reason, I
put it on the agenda and prepared the draft. I have one
item to add that was omitted at the time I prepared the
draft on the courthouse building. There's a third exception
that has been taking place here for some time, and that's
mock trial and other legal education programs.
COMMISSIONER BALDWIN: Judge, let me ask you
a question. What about -- what about the elected officials?
Some of us serve on nonprofit boards and committees, and
having that type of meeting in the courthouse?
JUDGE TINLEY: To the extent that it relates,
either directly or indirectly, to County business, I can
certainly see why it would be appropriate.
COMMISSIONER BALDWIN: Well, just -- just as
an example, Leadership Kerr County.
COMMISSIONER LETZ: That's a good one.
JUDGE TINLEY: They come around, but they
don't necessarily meet here. But they come around.
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COMMISSIONER BALDWIN: No, but I'm just using
that as an example. If I -- hmm, don't use me. David
Motley is the only ether elected official in the room. If
Motley was a member or the chairman of Leadership Kerr
County, and he wanted to have one of their monthly meetings
in the courthouse, would that be -- would the Leadership
Kerr County be excluded as a nonprofit organization?
JUDGE TINLEY: Using of the -- the building
itself?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLE~: There's a possibility it might
fall under a -- some sort of legal education program, but I
would suspect not.
COMMISSIONER BALDWIN: Well, I guess that's
the only place that -- 7 mean, I like your document, but
that m.ay be the cnly place that I could -- you and I will
differ on the issue, is that. I kind of think those kind of
things should happen if an elected official so chooses. I'm
not talking about the Second Baptist Church of Houston. I'm
talkinq about Leadership Kerr County; I'm talking about
Crisis Cour_cil -- Hill Country Crisis Council and those
kinds of things.
JUDGE '1'1NLEY: Crisis Council, I think, if
I'm not mistaken, is one of our --
COMMISSIONER BALDWIN: It is.
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JUDGE TINLEY: -- County-sponsored
activities, and relates to assistance in some of our court
programs.
COMMISSIONER BALDWIN: I agree.
JUDGE TINLEY: I think that one would be --
COMMISSIONER BALDWIN: All right, let me
remove the specifics, then, and just use the -- use the
term, "nonprofit." A nonprofit organization.
JUDGE TINLEY: I think then you've got the
Second Baptist Church of Houston.
COMMISSIONER LETZ: I think --
COMMISSIONER WILLIAMS: I have another
illustration, following up on yours. What about League of
Women Voters? What if they wanted to conduct a forum in the
big courtroom?
JUDGE TINLEY: Legal education.
COMMISSIONER WILLIAMS: They would qualify?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: I noted, under Item
2 -- Judge, I have a sort of a suggestion. When you talk
about "meetings or hearings conducted by other governmental
entities (,example; public hearings conducted by Texas Parks
and Wildlife)," there are other examples that may not
necessarily be governmental entities conducting them, but
they are -- they are or would be required by one or others
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of -- of our several governmental codes. For example,
public hearings conducted by Grantworks on some of the
things they have worked with the County on with respect to
the sewer project and other things they're working with us.
Now, they're not a governmental agency; they're working with
and for us, but the hearings are required by -- by whatever
governmental codes that govern the giving of those moneys or
that type of entity. Sc, I'm wondering, I think, whether
the intent would be better served if we talked about
meetings or hearings as required by the various government
codes.
JUDGE TINLEY: I think you've got essentially
the same situation -- I have no problem with that. In your
Grantworks example, they're actually conducting the public
hearing on behalf of Kerr County, pursuant to the directive
of the -- of the codes. But certainly, substituting "by
other governmental entities" to "conducting pursuant to
requirements of statutes or codes," I have no problem with
that. None whatsoever. That -- that's government business.
COMMISSIONER ~ETZ: I really hate -- I mean,
I don't think it's a big issue, but I -- I don't see how
this Court can allow mock trial and other legal education,
and then not allow everybody else. What if it's debate team
that wants to use it? What if, you know, anybody -- I don't
see how you can, all of a sudden, just say only if you're
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going to do legal things can you use it. I think any --
either it's all nonprofit or it's no nonprofit. Ar.d if we
-- I think mock trial cannot get an exception. You either
have to -- and I think mock trial should use it, personally.
And I thir_k debate team should use it. I think that other
-- you know, otter school-type things -- I guess that could
come under governmental entities, you know. But I think --
and I think the mock trial could probably use it as
governmental entity, the school U.I.L. So, I think that if
you -- if you start -- if you're going to have a policy, you
can't make exceptions. It's either got to be, you know, for
everyone, you know, or you open it up to everyone. I mean,
you can't just say legal education, to me, 'cause I don't
see how that -- you know, 4-H, that's County; I guess you
could do it, but there's other things I'm sure that can --
if I sat around long enough -- sewer education. I mean, you
know, it's --
JUDGE TINLEY: My response to that would be,
draw a line through the mock trial and legal programs.
COMMISSIONER LETZ: Well, and I -- you know,
I hate to see mock trial not be allowed to use it, but I
don't see how -- I can't vote to let -- allow them and
nobody else. You know, I think governmental entities can be
very broadly construed. That would -- in my mind, I think I
could justify that to be any school activity as a part of
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the gcvernmental entity. I was going through water hearings
and other things, but those can come under water -- under
governmental entities as well, so I think you could probably
allow mock trial under governmental entities, but delete it
as an explicit exception.
JUDGE TINLEY: I have no prcblem with that.
COMMISSIONER BALDWIN: You don't have any
problem with what?
JUDGE TINLEY: Drawing a line through mock
trial.
COMMISSIONER BALDWIN: I --
JUDGE TINLEY: Legal education.
COMMISSIONER BALDWIN: Well, I do. We've had
mock trials in this building for -- and kids have been in
the national finals because of the -- they get to use the
actual -- these courtrooms. And I --
COMMISSIONER LETZ: I said mock trial can use
it under governmental entities. They don't need to be -- I
don't think there's any change. I think --
COMMISSIONER BALDWIN: So, you're going to
tell the District Judges that you are rer_ommending that mock
trial --
JUDGE TINLEY: No, I'm not doing that.
COMMISSIONER BALDWIN: You don't recommend
that?
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JUDGE TINLEY: No. What I'm saying is, in
the last paragraph, if -- if t'ney don't feed like it's
adequately covered, they can ceme seek specific permission.
COMMISSIONER LETZ: Yeah, but I'm saying they
are covered.
COMMISSIONER NICHOLSON: Yeah. It's -- it's
not an exception; it's covered under the general rule.
COMMISSIONER LETZ: I see it as covered under
the exception under meetings and hearings conducted by other
governmental entities.
COMMISSIONER NICHOLSON: Okay.
COMMISSIONER LETZ: It's a meeting of the
school. It's a U.I.L. function. And if it's a sanctioned
school evert, to me, that's a governmental entity.
COMMISSIONER NICHOLSON: Let me -- I've
thought of about four examples.
JUDGE TINLEY: Good interpretation.
COMMISSIONER NICHOLSON: I've thought of
about four examples where I've used the courthouse
facilities. I want to make sure that -- that they're
covered. I would use it to meet with O.S.S.F. contractors.
If we use it and continue to use it for the emergency
service district meetings, fcr volunteer fire department
issues, meeting with. representatives from -- from
subdivisions about subdivision issues, all of these kind of
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things would continue to be an official government use, and
in performance of a Commissioner's job?
JUDGE TINLEY: Sure. They're either
government entities, or it's in furtherance of county
business, relates to r_ounty business.
COMMISSIONER LETZ: And I think -- I agree; I
think every item that you mentioned. But I think, to make
it clear about the U.I.L. issue, you could add "meetings or
hearings conducted by other governmental entities, including
school."
COMMISSIONER WILLIAMS: Well, I think he's
going to refine that Number 2 to kick in what -- the
requirements that might come out of government codes, which
would cover that as well.
COMMISSIONER LETZ: But I think, you know,
sanctioned school activities is a governmental entity, to
me.
COMMISSIONER BALDWIN: What if you had -- I
mean, I'm going to have a town hall meeting with my
constituents.
COMMISSIONER LETZ: That's under --
JUDGE TINLEY: County business.
COMMISSIONER BALDWIN: We're going to talk
about Second Baptist Church of Houston. No, I'm just
joking. Let me ask you this, now. What is -- when the
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Sheriff's going to drive by at nighttime and see lights on
in the courthouse, and he's going to get his binoculars out
and try to decide whether it's a County -- County government
meeting cr not, are we going to handcuff everybody and -- or
what's going to happen here? How are you going to -- I
mean, how is all this -- just trust? We're going to trust
the people that work in the courthouse?
JUDGE TINLEY: Right now we don't have a
policy, apparently.
COMMISSIONER BALDWIN: Okay. Let's -- we're
going to adopt a policy today, and then how are we going to
follow up to know that these people are not having some kind
of church meeting in here?
COMMISSIONER WILLIAMS: Mr. Holekamp's going
to do that.
COMMISSIONER BALDWIN: Glenn's going to sit
up here in the middle of the night, check everybody's I.D.,
and --
COMMISSIONER LETZ: Way I look at it, you've
got tc have a key to the courthouse to have a meeting here
after hours.
COMMISSIONER BALDWIN: Well, elected
officials do.
COMMISSIONER LETZ: Right, and they do. And
I -- and I think that you can -- this is broad enough that
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there are very few things that I think you couldn't meet on,
and that's why I don't have a problem with it. I think that
if you're meeting with a group of your constituents, you
know, I don't see how you can hardly -- you know, do much.
I mean, I think there's -- see, I think the intent is, you
know, to prevent me from opening up for the Kerrville Little
League to have a meeting here. That's what we're trying to
stop. If I want to meet with my constituen~s about a flood,
or if Paula Rector wants to meet with some people about
something, you know, almost everything we do with the public
is governmentally related, and I think this is a broad
enough policy that it is -- prevents some usage -- uses that
I think we're concerned about. But it allows every elected
official to use it, you know, almost whenever they want to.
COMMISSIONER WILLIAMS: I agree. I'm on
board.
COMMISSIONER BALDWIN: Yeah. Judge, I'm not
opposed to it. I'm certainly in support of your document
here. ~ just wanted to make sure that we all are on the
same -- same horse here and the same leg, that's all.
JUDGE TINLEY: I'm not inflexible. I just --
just want to get somewhere to start. Then, if we need to do
some refinement later on, why, we can do that. What I've
done, under Number 2, "Meetings or hearings conducted by
other governmental entities as may be required by state
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statutes or codes."
COMMISSIONER WILLIAMS: That's fine. Good.
JUDGE TINLEY: We may want to say, you know,
"may be required under state law," and that -- that gets it
a whole lot broader. If you are -- you've got, for example,
regulations, T.C.E.Q. That's not state statutes or code,
but they may be promulgated by that.
COMMISSIONER WILLIAMS: Whatever gives us the
broadest --
JUDGE TINLEY: "May be required under state
or federal law."
COMI~9ISSIONER WILLIAMS: There you go. That's
fine. Whatever gives the broadest latitude.
JUDGE TINLEY: Okay.
COMMISSIUNER WILLIAMS: '1'o conduct business
that affects the County. That's fine.
COMMISSIONER BALDWIN: Did I hear you move
for adoption? Go or:, make a motion. Do it. Go for it.
Come on, Judge, do it.
COMMISSIONER WILLIAMS: What did you have to
eat for breakfast this morning?
COMMISSIONER BALDWIN: Nothing.
JUDGE TINLEY: It's not what he had to eat.
He may have had something else he ingested there.
Mr. Holekamp, you had a comment?
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MR. HOLEK.AMP: I understand what y'all are
trying to get to, but what is -- who's going to be
responsible for unlocking, locking, and if it's not locked
up and they call me in the middle of the night to come down
here, is somebody going to schedule this building for these
meetings? Or is this just like -- if -- if Commissioner
Baldwin decides he's going to have a meeting, he calls his
friends over, we're going to have a meeting. We don't know.
Something has to happen for us to know when people are
supposed to be in here.
JUDGE TINLEY: Okay. Let me respond to that,
if I might.
MR. HOLEKAMP: Okay.
JUDGE TINLEY: Under the prccedure, when any
portion of the building is to be used under any of these
exceptions, the use shall be accomplished with prior
permission and coordinated with the Facilities Director and
courthouse Commissioners Court liaison, with the right to
make imposed reasonable conditions and requirements
concerning security, cleanup --
MR. HOLEKAMP: Okay.
JUDGE TINLEY: -- and so forth.
MR. HOLEKAMP: All right.
COMMISSIONER NICHOLSON: In that regard --
25 ~ MR. HOLEKAMP: As far as permission is
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concerned, I don't need to give permission. If -- if it's
pretty much plain on what y'all are going to do, an elected
official wishes to use the building --
JUDGE TINLEY: How about prior knowledge
and --
MR. HOLEKAMP: Prior knowledge is necessary,
but not --
JUDGE TINLEY: Okay.
MR. HOLEKAMP: -- permission, I don't think,
is going to be a requirement.
COMMISSIONER NICHOLSON: Who is the
facilities liaison?
COMMISSIONER LETZ: I think it's the Judge.
JUDGE TINLEY: Right now, it's me. Those are
selected annually.
COMMISSIONER NICHOLSON: Okay.
JUDGE TINLEY: Just like the Animal Control
or EMS or the others.
COMMISSIONER NICHOLSON: I move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Let me --
COMMISSIONER LETZ: Read back?
JUDGE TINLEY: Let me tell you what I've
changed here under Number 2 of the exceptions. "Meetings or
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hearings conducted by other go~~Ternmental entities or as may
be required under state or federal 1aw." And then, in the
next paragraph, "When any portion of the courthouse building
is to be used under the exceptions noted above, such use
shall be accomplished with prior knowledge and
coordination..."
COMMISSIONER NICHOLSON: That's part of my
motion.
JUDGE TINLEY: Okay. Any -- any other
question or discussion? All in favor of the motion as
stated, 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.
COMMISSIONER LETZ: I'm excited. We've been
working on these courthouse rules for, I think, six years.
COMMISSIONER WILLIAMS: Finally got it.
Simple is better.
JUDGE TINLEY: I will now recess the
Commissioners Court meeting, and I will convene a public
hearing for -- in connection with the revision of a plat for
Tracts 12 and 13 of Hidden Valley Ranch 1 in Volume 4, Page
33.
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(The regular Commissioners Court meeting was
closed at 10:06 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: This is a timed item for
10 o'clock. It's a few minutes after now. Is there any
member of the public that wishes to be heard in connection
with the proposed revision of plat for Tracts 12 and 13 of
Hidden Valley Ranch 1? Is there any member of the public
that wishes to be heard on this item?
MR. BRANDENBURG: Yes, sir.
JUDGE TINLEY': Yes, sir. Please come
forward. Give your name to the reporter, and let us know
what's on your mind.
MP.. BRANDENBURG: My name is Gary
Brandenberg, and I am the land surveyor that is actually
preparing that plat. I may not have been understanding your
question correctly. I'm here to represent that revision of
plat, but if -- I believe you said you're going to have to
recess and reconvene and then hear it? Is that correct?
JUDGE TINLEY: That's generally the way the
procedure works, yes, sir.
MR. BRANDENBURG: Okay.
JUDGE TINLEY: G1e're required by law to --
when we go into a public hearing mode, we've got to recess
the meeting that's underway, go into a public hearing mode.
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Then, once that's completed, we close the public hearing and
go back in our meeting.
MR. BRANDENBURG: Oh, okay. I apologize for
my misunderstanding.
JUDGE TINLEY: Not a problem. It is a little
convoluted, but we get there.
MR. BRANDENBURG: Okay. Thank you, sir.
(Discussion off the record.)
JUDGE TINLEY: Is there any -- any other
member of the public that wishes to be heard with regard to
the proposed revision of the plat for Tracts 12 and 13 of
Hidden Valley Ranch 1? If not, I will close the public
hearing, and I will reconvene the Commissioners Court
hearing scheduled fcr this date.
(`1'he public hearing was concluded at 10:08
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE TINLEY: And we will move on to Item 8,
to consider the revision of plat for Tracts 12 and 13 of
Hidden Valley Ranch 1.
MR. JOHNSTON: This plat consisted of moving
a lot line between 12 and 13 by about 50 feet, little over
50 feet. I have no problem with the plat. The only caveat
is, Gary Brandenburg shcwed me his mylar. All the signature
blocks are not signed, so we can either, A, approve it
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contingent to getting the signatures, or B, do it another
meeting. Court's pleasure.
COMMISSIONER BALDWIN: Why aren't they
signed, Gary?
MR. BRANDENBURG: Basically, ignorance on my
part. I -- this would be the first time I've done a plat in
this format or forum. Previous plats I've done, we have
received approval and then gathered up the signatures and --
and took them over to be recorded at the County Clerk's
office. And --
COMMISSIONER BALDWIN: Well, the reason we do
it this way is so that we will know that everything is done
before we do a final vote and court order and, you know, the
whole official deal, that everybody's signed off on it and
everything is cool. We might be able to pull it off here.
Let's see what happens.
(Low-voice discussion off the record.)
COMMISSIONER BALDWIN: Y'all having your
private meeting over there?
JUDGE TINLEY: We were looking at the wrong
plat.
COMMISSIONER BALDWIN: I see.
CUMMISSIONER WILLIAMS: Are the signatures in
place for this?
COMMISSIONER LETZ: Well, on this plat they
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are, but --
BUDGE TINLEY: This is the wrong plat.
MR. JOHNSTON: Those -- that's 1 and 2 that
we did earlier this morning.
COMMISSIONER LETZ: Not a problem.
COMMISSIONER BALDWIN: So, what you're asking
us -- you're asking the Judge to sign off -- to go ahead and
sign it? See --
MR. JOHNSTON: No, I'm not.
COMMISSIONER BALDWIN: -- I don't see how
that works.
MR. JOHNSTON: I'm not asking that. We can
either -- you can either -- it's your choice. You can
approve it contingently; let him go get his signatures,
bring them to me, and then I'll bring it to the Court for
the Judge's signature.
COMMISSIONER BALDWIN: So you're not going to
sign it until everybody else is signed off on it, right?
COMMISSIONER LETZ: Right.
BUDGE TINLEY: If that's a motion to --
MR. JOHNSTON: Or postpone it.
JTJDGE TINLEY: -- approve it with my signing
it contingent upon all signatories signing it --
COMMISSIONER BALDWIN: I'll go along with
that.
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COMMISSIONER LETZ: Is that a motion?
COMMISSIONER WILLIAMS: I'll also -- let's
get this straight. It's in Precinct 1, not Precinct 2, as
the public hearing court order indicated.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: Move for approval of
that, contingent upon the signatures of all the -- what do
we call them?
JUDGE TINLEY: Other signatories.
COMMISSIONER BALDWIN: Other signatories.
COMMISSIONER WILLIAMS: I second it.
JUDGE TINLEY: And that I be authorized to
sign it once all those others have signed it?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: Okay. Motion made and
seconded for approval of the agenda item as stated. Any
further question or discussion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JiIDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. The
next item on the agenda is consider and discuss approving
Commissioner Precinct 1 to develop a plan for the
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utilization of the fountain in front of the courthouse.
COMMISSIONER BALDWIN: That's about it. I
don't need a court order. If I can just -- you know, I --
the thing is sitting out there, nonfunctional for how many
years, Glenn?
MR. HOLEKAMP: Three and a half.
COMMISSIONER BALDWT_N: Three and a half
years. It's just sitting there doing nothing, and it needs
to do something, and sc --
COMMISSIONER WILLIAMS: I was going to ask
you a question.
COMMISSIONER BALDWIN: Okay.
COMMTSSTONER WITLIAMS: Are we going to make
a fountain out of it, or tear that bugger down?
COMMISSIONER BALDWIN: Well, I don't know. I
think I'd like to see a putting green there.
COMMISSIONER WILLIAMS: Oh, I love that.
COMMISSIONER. BALDWIN: I just bought his
vote, didn't I? I don't know ~.~~hat's going to happen.
That's why -- you know, if you guys just kind of give me
permission to go and look and see, I'll come back with two
or three plans and some ideas. Of course, I think step one
is for us to go and -- for me to go and talk to the family
that donated it to make sure that -- that it's okay. And
I'm sure that they would agree, because it's sitting there
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nonfunctioning, so we can do something better than -- better
than what we have today.
COMMISSIONER WILLIAMS: I move that we a11ow
Commissioner Baldwin to develop a plan for utilization.
That means using it, right?
COMMISSIONER BALDWIN: That's correct.
COMMISSIONER WILLIAMS: Of the fountain in
front of the courthouse.
COMMISSIONER BALDWIN: I may have to hire
some lawyers and architects and things like that.
COMMISSIONER LETZ: I'll second that motion.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any further questions or
discussion? All in favor cf the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: Thank y'all so much.
COMMISSIONER LETZ: I've got a new idea, too.
JUDGE TINLEY: Do we need to add you to the
crganization committee?
COMMISSIONER LETZ: No.
COMMISSIONER BALDWIN: He is already there.
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Just -- I didn't put his name there, 'cause I wanted all the
glory and fame out of this thing.
JUDGE TINLEY: I see. Do we have anything to
go into executive session about, Mr. Motley?
MR. MOTLEY: That's been a time for periodic
updates, I guess. If you want a periodic update, I can give
you updates on matters.
JUDGE TINLEY: What we may do is come back to
that, possibly. What's the consensus of the Court on that?
Dc you want to come back to anything that we may have for
executive session so we can go ahead and get the public
business done first?
COMMISSIONER BALDWIN: We can pay our bills
and all thoso things first, yeah.
JUDGE TINLEY: Okay. Let's get on down to
the approval agenda, if we might, please. First item is
payment of the bills. Mr. Auditor?
MR. TOMLINSON: Good morning.
COMMISSIONER BALDWIN: I move we pay our
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
the payment of the bills. I have a couple of questions, if
I might, Mr. Auditor. On Page i --
MR. TOMLINSOPI: Okay.
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JUDGE TINLEY: -- on-site council fee under
Environmental Health.
COMMISSIONER BALDGIIN: Good question.
COMMISSIONER NICHOLSON: I've got the same
question, Judge. And I was hoping maybe Miguel would be
here, or maybe somebody else could answer it.
MR. TOMLINSON: I can't answer that.
JUDGE TINLEY: Looks like it's a quarterly
requirement, by the dates that are noted there. But --
COMMISSIONER NICHOLSON: I think it's
something that's required by regulation.
JUDGE TINLEY: I suspect --
COMMISSIONER NICHOLSON: But we need to know
the answer to that, sc we'11 -- let's get to that in the
budget process.
JUDGE TINLEY: Okay. Next item that I have
is on Page 8.
COMMISSIONER BALDWIN: Judge, excuse me.
JUDGE TINLEY: I'm sorry.
COMMISSIONER BALDWIN: Are we going to pay
that bi11 today? Or what -- are y'all saying hold it out or
what?
COMMISSIONER NICHOLSON: We have been paying
it, and that's all I can tell you.
COMMISSIONER BALDWIN: Okay.
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COMMISSIONER NICHOLSON: I asked the question
once, and I think the answer I got was it's part of the
T.C.E.Q. regulations for the O.S.S.F. administrator to pay a
research fee.
COMMISSIONER BALDWIN: I think that's true.
I think you're right. Okay.
JUDGE TINLEY: The other question I have is
on Page 8, Youth Exhibit Center, the very first one.
Installing new ice machine-slash-labor. Does that include
the cost of the machine too?
MR. HOLEKAMP: Yes.
JUDGE TINLEY: Oh, okay.
MR. HOLEKAMP: That was out of the current
fund.
JUDGE TINLEY: Okay. But that amount is not
just labor; it also includes the cost of the machine?
MR. HOLEKAMP: ~~'hat was the amount?
JUDGE TINLEY: $2,920.
MR. HOLEKAMP: It's all of it.
JUDGE TINLEY: Okay, thank you. That's all
the questions I have. Anybody else have any questions?
MR.. TOMLINSON: That's from the hotel tax
money.
MR. HOLEKAMP: Yeah.
JUDGE TINLEY: Yeah, mm-hmm. But if it was
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just labor, I -- I don't care where it came from. It was a
little high.
MR. TOMLINSON: Well, yeah, it would be.
JUDGE TINLEY: Yeah.
MR. TOMLINSON: No doubt about that.
JUDGE TINLEY: We have a motion and second to
pay the bills. Any further questions or discussion? All in
favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Next
we have budget amendments. Budget Amendment Number 1.
MR. TOMLINSON: This is a request from Glenn
Holekamp to transfer $2,500 from Trash line item to Building
and Grounds Maintenance.
COMMISSIONER BALDWIN: What is -- what is it?
MR. HOLEKAMP: G~~e're running out of money in
the -- the Grounds Maintenance. We're running a little --
since we changed contracts on our trash pickup this year,
we're saving quite a bit of money from last year's budget.
COMMISSIONER BALDWIN: That's general
maintenance we're talking about? Light bulbs and --
MR. HOLEKAMP: Yes, sir.
COMMISSIONER WILLIAMS: So moved.

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COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 1. Any further
question or discussion? All in favor, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Budget Amendment Request Number 2.
MR. TOMLINSON: Number 2 is for the Jail and
the Sheriff's Department. For the jail, the Sheriff's
requesting tc transfer $349.37 from Group Insurance to
Operating Equipment. For the Sheriff's Office, his request
is to transfer $1,092.14 from Group Insurance for the
Sheriff's Office, $724.64 ir_ Operating Expenses and $367.50
for Vehicle Repair and Maintenance. I do have a late bill
to go along with this for $2,200; it's payable to Powerware,
MR. TOMLINSON: Powerware.
JUDGE TINLEY: Powerware?
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MR. TOMLINSON: Yes.
COMMISSIONER BALDWiN: I move for approval.
and it's for the replacement of a battery system for the
console in the jail.
JUDGE TINLEY: And who was the payee again?
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COMMISSIONER LETZ: Second.
JUDGE TINLEY: Mction made and seconded for
approval of Budget Amendment Request Number 2, and also
seeking a hand check and late bill, approval of a hand check
and hand check -- late bill and hand check in the amount of
$2,200 to Fowerware.
MR. TOMLINSON: That's right.
JUDGE TINLEY: Okay. Any further question or
discussion? A11 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: That motion does carry. Any
late bills? Excuse me.
MR. TOMLINSON: i have another amendment.
JUDGE TINLEY: Excuse me, we got Budget
Amendment Request Number 3.
MR. TOMLINSON: Right. This is for the 198th
District Court. We have a request to transfer $64 from
Special Trials to Books, Publications, and Dues.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
budget -- approval cf Budget Amendment Request Number 3.
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Any questicn or discussion? All in favor of the mction,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Now,
do we have any late bills?
MR. TOMLINSON: I do have one. It's a
reimbursement to Paula Rector, the Tax Collector, for
$346.31. That's to reimburse her personally for the
purchase of -- of a software package by the name of Quick
Books Pro. It's for her bookkeeping system for -- for her
office.
COMMISSIONER NICHOLSON: How much?
MR. TOMLINSON: $346.31.
COMMISSIONER BALDWIN: Just for my own
edification, did she go through our guru? Help me with
the --
MR. TOMLINSON: No, this --
JUDGE TINLEY: Information Specialist.
COMMISSIONER BALDWIN: Information
Specialist.
MR. TOMLINSON: This is cff-the-shelf
software that you can buy at Walmart or -- or Hastings.
COMMISSIONER BALDGJIN: I thought --
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MR. TOMLINSON: It's not a -- it's not -- the
software does not go on our -- on our system. It's a
PC-driven in-house bookkeeping system, tracks her -- her
checks and bank accounts.
COMMISSIONER. WILLIAMS: How does that comport
with our new Information Technology rules and policy we put
in place?
MR. TOMLINSON: It's a replacement. She
already had it, and she's been using this -- this software
for four or five years.
COMMISSIONER LETZ: It's budgeted, correct?
MR. TOMLINSON: No, it's -- something
happened to the -- to the soft~~~are. I mean, it's just an
update for -- for the license for 2004.
COMMISSIONER WILLIAMS: It's already in
place?
MR. TOMLINSON: Yes.
COMMISSIONER NICHOLSON: It's stand-alone; it
doesn't interact with any other systems.
COMMISSIONER WILLIAMS: Okay.
MR. TOMLINSON: No.
COMMISSIONER LETZ: So moved.
MR. TOMLINSON: I have it on my own computer.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
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approval of a late bill and authorize hand check in the
amount of $326.31 (sic) to Paula Rector. Any further
question or discussion? A11 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: That motion does carry. I
have before me some monthly reports from Justice of the
Peace, Precinct 1 and Justice of the Peace, Precinct 2. Do
I hear a motion that these reports be approved as submitted?
COMMISSIONER NICHOLSON: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: I~lotion made and seconded for
approval of the rep~rLs as subr.iitted. 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: Gee are up to the informational
aspects of the agenda. Do you have anything to pass along
to us, Commissioner Letz, that you've not done so
previously?
COMMISSIONER LETZ: Only thing would be
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really the airport meeting scheduled for tomorrow, where we
hope to resolve some of the outstanding issues in governance
of the airport. My only other question is, the format for
our workshop on Wednesday.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: Just what your thoughts
were. How -- I mean, just general discussion? Or -- just
so I'm prepared properly for it. That's my --
JUDGE TINLEY: My understanding was that we
were going to talk about general philosophies and -- and
approaches and major category items, and then also take a
look at some capital outlay items that may have been
requested by the various elected officials or department
heads, outside of the normal budgeting categories. That was
my understanding of what we were going to do the initial
section on. I've asked Ms. Mitchell to try and get --
prepare a summary of those particular items. She may not
have seen it yet, but it is on a tape that I did this
weekend, to go through and pull out those capital outlay
items so that we can have that as a summary to look at.
That was my understanding.
COMMISSIONER LETZ: That's good. That's
exactly -- I was just curious on the format, mainly, and the
capital outlay items; make sure that somebody other than
myself was compiling those. Do we have any idea on any
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report from either the Tax Assessor or Appraisal District as
to where we are or. dollars?
JUDGE TINLEY: I wish I could tell you that
we knew what that was, but I can't. I don't even know that
we've got a preliminary estimate of what our revenues are
going to be.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: I know the time for filing a
protest in a lot of cases is -- doesn't even run until
sometime into next month, approximately the middle of the
month. Some protest deadlines have expired. I believe it
was last week that they expired, a goodly number of them.
But I wish I had it, but I don't.
COMMISSIONER LETZ: All right, that's all.
That's enough information. I was just curious as to where
we were going on Monday -- or on Wednesday, and that
answered that. And my other -- my final comment is to the
other Commissioners, if they have the same problem, for lack
of a better word. Much of my precinct falls under Kendall
County Appraisal District and F'.err County -- Kerr Central
Appraisal District, and I've received calls from my
constituents; they're confused about how the appraisal
districts work together, and I didn't know if it's a
county-wide concern as to how the appraisal district works.
I thought maybe we'd ask Fourth to come down here and
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explain it to the whole Court. If it's something that's
unique to my precinct, I'll go out to his office and try to
figure out how it's handled. It was just a matter -- if the
whole Court would like to have some kind of presentation as
to how he works with other counties, you know, we could do
it as a whole. If not, I'll do it individually.
COMMISSIONER BALDWIN: I think it would be
great to know that, personally.
COMMISSIONER NICHOLSON: Maybe even a little
broader than that. I'm pretty ignorant about how the
appraisal process works. I wouldn't mind hearing from -- a
few minutes about -- just Appraisal District 101.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: I'd like to hear him.
I've had no calls about that, Commissioner, but I'd like the
Court to hear what he has to say.
COMMISSIONER LETZ: For the public or
everyone else's information, everyone who lives in the
Comfort School District received a notice saying that --
basically, that Kerr County has nothing to do with their
taxes and their values; that it's all handled by Kendall
County, which is -- I've never received this letter before,
ar.d I don't know -- it kind of surprised me. But I've
been -	- I've	had	quite a few	complaints about	what's --
"We're	Kerr	Count	y taxpayers.	Why is Kendall	County doing
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our values?" And I, frankly, have that same issue -- same
question. So --
JUDGE TINLEY: One of the reasons that some
of these protest deadlines have been extended, according to
my understanding, is because of this overlap. Now, with
regard to your specific question, that does present a very
interesting scenario.
COMMISSIONER LETZ: The verbiage of the
letter is that the -- the controlling appraisal district is
Kendall County. And I guess --
JUDGE TINLEY: For properties in Kerr County
which fall within the Comfort School District.
COMMISSIONER LETZ: Anyway, I thought, well,
I'll visit with Fourth and see if we can -- I know it's a
busy time of year for him, but see if we can schedule an
afternoon, maybe at our next meeting or the one after that
in the afternoon, to kind of go over the appraisal process
and how this works with other appraisal districts. And I'm
sure that there may be some other areas of -- you know, in
not as much Comfort School District, but some other school
districts that do --
COMMISSIONER WILLIAMS: In conjunction with
the budget meetings?
COMMISSIONER LETZ: Yeah. That was
probably -- just schedule it, talk to him. It's an
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interesting question. I don't know as much as I'd like to
kr_ow about it. Okay.
JUDGE TINLEY: Do you have anything for us,
Commissioner Nicholson?
COMMISSIONER NICHOLSON: Just following up on
Commissioner Letz' questions about the Wednesday meeting, I
was going to make sure that we're okay with what I plan to
do. I want -- I'd like to have 10 or 15 minutes to talk
about some of my expectations for the next budget, talk
about cost control, things like that. And I -- I've done
some work to -- to better define how Kerr County stacks up
compared to similarly situated counties, counties of similar
size and costs and programs, arld so I want some time to talk
about that, and it may provide us some guidance or direction
on how we're going about budgeting.
COMMISSIONER LETZ: Good.
JUDGE TINLEY: I think that would definitely
fall within the -- the overall general concept that we're
talking about for the initial session. Anything else?
COMMISSIONER BALDWIN: No, sir.
COMMISSIONER WILLIAMS: In addition to the
airport task force meeting that Commissioner Letz referred
to, which takes place tomorrow morning, I have a meeting
with a representative of Texas Water Development Board
coming in tomorrow afternoon to talk about how, perhaps, we
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can find some money for our preliminary planning and
engineering for a sewer collection system in the area of
Center Point, so we'll see where that takes us.
COMMISSIONER LETZ: Judge, if you'd permit
me, I have -- there's something I've been forgetting for the
last two meetings to bring up, and since we are early today,
I'll take a little extra liberty with time. Water planning.
Last Thursday, we had a -- our regional water planning
meeting for Region J, and two things came out of that. One
is that we've reshuffled, quite a bit, our membership around
a little bit, adding -- we created, I think, four new spots
to give certain entities like Headwaters specific
representation, and Edwards County Water District. and some
others. Anyway, the bottom line is, we have a -- the best
group that actively is involved in -- region-wise that we've
ever had, and which is a real good thing for the regional
water planning. Everyone is very much involved in the whole
process, which is -- that's one good thing.
The second thing is, part of Region J's
budget is to help to study -- one is a spring flow study of
the Upper Guadalupe River and headwaters, basically all in
Precinct 4; Johnson Creek, North Fork and South Fork, and
what those springs -- and how they interact with the Edwards
Plateau water, the wells out on the plateau. That study is
underway, and I think we're probably going to, you know, try
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to get maybe Greg Etter or someone -- maybe John Ashworth to
go over that at some point. It's pretty interesting what
things -- it's not all new information, but probably the
first time ever that it's been studied as a whole, and
really trying to figure out where exactly the headwaters
comes from as to where in the formation. I mean, they know
it comes out of the Edwards Trinity, but where -- as just
datum, and what layers it's coming out of, and then try --
trying to take it back to the ~r~ell logs up on the Edwards
Plateau to make sure that if wells -- additional wells start
to get drilled out on the plateau, because there is a huge
amount of water out there, what the impact to the river is,
or likely would be. So, it's a real interesting study
that's being funded by --
COMMISSIONER BALDWIN: Who's doing the study?
COMMISSIONER LETZ: Region J, John Ashworth.
COMMISSIONER BALDWIN: Ashworth is?
COMMISSIONER LETZ: And it's pretty limited.
We don't have a whole lot of funds; we may have to ask for
more. This is probably the first step, but that was one
neat thing going on. The other one is --
COMMISSIONER BALDWIN: Wait just a second,
now.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Did you hear him throw
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those words in there in the middle? You're going to be
asking for more -- er funding?
COMMISSIONER LETZ: From the State.
COMMISSIONER BALDWIN: Okay. Okay. I
COMMISSIONER LETZ: Through the Water
Development Board.
COMMISSIONER BALDWIN: Those are magical
COMMISSIONER LETZ: Through the Water
Development Board. The other special study that we had in
Region J is monitor wells, and specific to Kerr County or
our area. We have supplied Headwaters with monitor
equipment for two wells. They're very much involved, and so
that cost will be borne by the State, as opposed to being
done by the local taxpayers directly. And there's one more
monitor well in Bandera County that's also -- these are
pretty sophisticated instruments that really do a great job.
And part of that -- one of the monitor wells was the one
that was just drilled jointly with Headwaters and Region J
out at fish -- the fishery, Parks and Wildlife fishery out
in Mountain Home. And the interesting thing on that well is
they -- they found a much larger section of the Trinity than
had been mapped there previously, and they also found a huge
section of the Lower Trinity that was net even expected to
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be there. So, it really -- it is the deepest well drilled
in western Kerr County, in that part of Kerr County. Mo
Ranch has some other deep wells.
But it was real interesting. It just shows
how little we know and how every little bit of -- really, of
science going in -- and some of these deeper well tests that
are being funded through Headwaters, Region J, and others,
so they were getting a lot more information, and we're
learning a whole lot more about the Trinity. I think the
overall reserves and where we are in the Trinity, we still
know we don't know much, but we know a whole lot more than
we did five years ago. And the reservoir studies and the
pumping ability of the -- I guess the long-term ability of
the Trinity to provide water, we're learning there's a lot
of recharge. So, I think that we're gaining a lot of
information, and I think we will be having a workshop -- I
believe it's July 22nd in Kerrville, and that'll be going
over -- trying to figure out a new way to recalculate the
reserve and the sustainability of the Middle and Lower
Trinity in Kerr County.
COMMISSIONER BALDWIN: So, if somebody came
along and said -- and we've heard this a lot -- that we're
going to be out of water by 2050 or something like that,
that may not be -- that may not be a fact. We -- we really
don't know how much water is down there yet, do we?
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COMMISSIONER LETZ: We really do not know.
We do know that there is more -- the first plan was done
five years ago, four years agc, whatever it was. We do know
that the extent of the Lower Trinity is substantially larger
now than we did under that first plan. There's a deep well
in eastern Kerr County that showed a lot more Lower Trinity
than was expected, and there's a deep well now in western
Kerr Cour_ty that shows a lot more. So -- but the -- you
know, one thing that is going to be a big difference, we had
some very large reserve estimates in the Lower Trinity in
the Region J plan. There were billions of gallons. We're
going to refine that a lot more as to more -- as to what is
usable water, or try to. That's going to be part of the
meeting cn the 22nd. And, at the Region J workshop, John
Ashworth will be at it. It will be primarily for the people
of Bandera and Kerr County, because our water issues are
very similar -- water needs. So, anyway, we're making
progress~n Region J, and I bring it up to the Court because
it's -- the Court does help fund the administrative costs of
that, you know, project.
COMMISSIONER WILLIAMS: Nothing else.
JUDGE TINLEY: Okay. Do we have any elected
ctficials here that have any reports for the Court? Any
other reports to be .received in a~~cordance with the
information agenda portion? We'll then go back to the
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executive session. portion. In order that we might conduct
that business, we would ask that, except for members of the
Court, the reporter, and the Ccunty Attorney, that all
others please vacate.
(Discussion off the record.)
(Ttie open session was closed at 10:37 a.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: Okay. We are -- we will come
back into open session at 10:56 -- excuse me, 10:54, and let
me recall the fifth item on our agenda, that being to set a
public hearing for revision of a plat for Lots 7 and 8 in
Block 9 of Saddlewood Estates, Section 3. We had previously
taken action on that to set that public hearing for August
the 8th, 2004, at 10 a.m. I've been advised that that date
is actually a Sunday, so we maybe need to --
COMMISSIONER BALDWIN: August 9.
JUDGE TINLEY: -- amend that. We want to
amend that order, then, to be August the 9th, 2004, at
10 a.m.?
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: And do you so move,
Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, I do.
COMMISSIONER LETZ: Second.
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Certified Shorthand Reporter
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Order No. 28688
Final Plat for
Lots 14 & 15 The Horizon Section 1
On this the 28~' day of June, 2004 upon motion made by Commissioner Baldwin,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
the final plat revision for Lots 14 & 15 of the Horizon Section One, Pct. #1.
Order No. 28689
Final Plat for Lots 32 & 33 of
The Horizon Section One
On this the 28`~ day of June, 2004 upon motion made by Commissioner Baldwin,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
the final plat revision for Lots 32 & 33 of the Horizon Section One, Pct. #l.
Order No. 28690
Set Public Hearing for Saddlewood Estates Section 3
On this the 28~' day of June, 2004 upon motion made by Commissioner Baldwin,
seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-
0-0, to set a public hearing on August 8, 2004 at 10 a.m. for Revision of Plat for Lots 7 &
8 Saddlewood Estates Section 3, in Volume b page 294 Pct. #1.
Order No. 28691
Approval of Temporary Closure of
Ehlers Road
On this the 28~' day of June 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0,
authorizing Road & Bridge Department to temporarily close Ehlers Road at the north side
of the Guadalupe River.
ORDER N0.28692
Final Alternate Plat
Of Lot 13 Riverside Park
On this the 28~' day of June 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, the final alternate plat of Lot 13 Riverside Park Pct. #4.
ORDER NO. 28693
Policies for Courthouse
Building and Grounds
On this the 28~' day of June 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, policies governing the use of the courthouse building and grounds.
ORDER NO.28694
FINAL REVISION OF HIDDEN VALLEY RANCH 1
TRACT 12 & 13
On this the 28~' day of June 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-
0-0, the final revision of Hidden Valley Ranch 1, Volume 4 page 33 for Tracts 12 & 13
contingent on getting all signature with the County Judge to be the last one to sign.
ORDER N0.28695
APPROVAL FOR COMMISSIONER PCT #1
TO DEVELOP PLAN FOR FOUNTAIN
On this the 28~' day of June 2004, upon motion made by Commissioner Williams,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
for Commissioner Pct. # 1 to develop a plan for utilization of the fountain in front of the
courthouse.
ORDER N0.28696
CLAIMS AND ACCOUNTS
On this the 28~' day of June 2004 came to be considered by the Court various
Commissioners Precincts, which said Claims and Accounts are:
10-General
15-Road & Bridge
18-County Law Library
50-Indigent Health Care
80-Historical Commission
81-District Administration
$97, 670.29
$36,179.49
$119.00
$34,060.58
$5.25
$100.72
TOTAL CASH REQUIRED FOR ALL FUNDS: $168,135.33
Upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0 to pay said Claims and Accounts.
ORDER NO. 28697
BUDGET AMENDMENT
AG BARN FACILITIES
On this the 28~' day of June 2004, upon motion made by Commissioner Williams,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, to transfer $2,500.00 from Line Item No. 10-666-400 Trash Pickup to Line Item No.
10-666-450 Building & Ground Maintenance in the Ag Barn Facilities.
ORDER N0.28698
BUDGET AMENDMENT IN THE
COUNTY JAIL AND SHERIFF' S DEPARTMENT
On this the 28~' day of June 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
to transfer $349.37 from Line Item No. 10-512-202 Group Insurance to Line Item No.
10-512-569 Operating Equipment and to transfer $1,092.14 from Line Item No. 10-560-
202 Group Insurance with $724.64 to Line Item No. 10-560-330 Operating Expenses and
with $367.50 to Line Item No. 10-560-454 Vehicle Repairs and Maintenance in the
County Jail and the Sheriff's Department and to issue a hand check in the amount of
$2,200.00 to Powerware.
ORDER N0.28699
BUDGET AMENDMENT
IN THE 198TH DISTRICT COURT
On this the 28a` day of June 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to
transfer $64.00 from Line Item No. 10-436-417 Special Trials to Line Item No. 10-436-
315 Books-Publications-Dues in the 198' District Court.
ORDER N0.28700
LATE BILL
TO PAULA RECTOR
On this the 28~' day of June 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, to
pay late bill to Paula Rector in the amount of $346.31 from Line Item No. 10-499-310 for
reimbursement for purchase of Quick Books Pro 2004 License Cade (2).
ORDER NO. 28701
MONTHLY REPORTS
On this the 28`" day of June 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
the following monthly reports as submitted:
Justice of the Peace Pct. #1
Justice of the Peace Pct. #2
ORDER N0.28702
AMEND COURT ORDER N0.28690
PUBLIC HEARING ON SADDLEWOOD ESTATES
SECTION THREE
On this the 28~' day of June 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 3-0-0,
to amend Court Order No. 28702 to set the Public Hearing on August 9, 2004 at 10 A.M.
and not on August 8, 2004 for revision of plat for Lots 7 & 8 Block 9 Saddewood Estates,
Section Three, Volume 6 page 294 in Pct. #1.