Doc's City RV Park to pay its water bill

The city has reached an agreement for payment of an overdue water bill at Doc s City RV Park. On Jan. 12, the City Council approved a recommendation by city administrator Bill Guinn to authorize Mayor John Ackermann to negotiate and execute an agreement with Bret Doc and Kaye Berkman concerning a portion of the outstanding water and sewer service bills for the property located at 3601 E. Highway 67. According to city records, Doc s City RV Park s outstanding balance is $271,691.42, Guinn said. The council s action is the result of a Jan. 6 face-to-face meeting with Guinn and the Berkmans following the city s notice that water and sewer service at the park would be discontinued on Monday, Jan. 9. After talking with him and determining that he was serious about working something out and making a substantial payment on the outstanding bills...I agreed to meet with Doc Berkman and his wife, Kaye, to see if an agreement could be reached that would be worthwhile recommending to the City Council, Guinn said in a prepared letter to the council. According to Guinn s letter, the basic terms of the agreement are that: The city accepted $20,000 as of Jan. 12 on the balance of six accounts that are in arrears at Doc s City RV Park. n As long as all future bills are paid in full by the due date, the city agrees not to cut off the water until at least March 13, 2012. The Berkmans, who are husband and wife, have indicated they are going to work diligently to sell or refinance the property, at which time they intend to settle the debt with the city. In the event the Berkmans are unable to sell or refinance the property in the next 60 days, the Berkmans agree to pay an additional $20,000 on account on or before March 12, 2012. At that time, arrangements will be made for future payments and amounts. Failure by the Berkmans to make any of the required payments will result in water and sewer service being discontinued without further notice. These payments in no way cancel, satisfy or fulfill the debt and no liens will be released until final settlement of the debt. I believe this agreement is in the city s best interest and highly recommend the council approve it and authorize the mayor to enter any negotiations necessary to obtain this result, Guinn said. The $20,000 payment is the first time since May 2006 the city has received any payment on the park s accounts, Guinn said. The payment is substantial and, I believe, indicates a good faith effort on the Berkman s part to settle their debt with the city, Guinn said. In addition to the $20,000, the Berkmans paid the amounts due from their most recent water and sewer bills of Dec. 20, 2011, Guinn said. The Berkmans have stated clearly to me they intend to pay what they owe the city, but are not able to pay it all at this time, Guinn said. The Berkmans have renovated the restaurant at the park to meet city codes and have rented it to a new operator, have rid the park of undesirable tenants and are renting to people who pass a background check, Guinn said. The Berkmans are working diligently to sell or refinance the park at which time they will pay off the city, Guinn said. If Doc s City RV Park is forced to shut down because of a lack of water, they will have no money with which to pay their debt to Keene. Councilman Dale Janes made a motion to support Guinn s recommendation to authorize Ackermann to negotiate with the Berkmans and execute an agreement. It was seconded by Councilman Chad Aden and passed unanimously. New terms for Type A In other business, the council: Supported a recommendation by Keene Economic Development Corporation board president David Patterson to reorganize the terms of service of members of what is called the Type A board. Effective Feb. 1, board members will be appointed to new terms, which are two-year terms ending Jan. 31, 2014, for John Engel and John Read, and three year terms ending Jan. 31, 2014, for Frank Moore, Diann Wilmart and Patterson. Supported a recommendation by Patterson for the Type A board to fund an environmental assessment of 64 acres purchased last summer as an addition to Wayne Tomblinson Industrial Park. The assessment is needed before the land can be sold or leased to potential businesses, Patterson said. Aden made a motion to approve the survey. It was seconded by Janes and passed unanimously. Supported a recommendation by Guinn to appoint the law firm of Brown & Hofmeister as city attorneys while retaining the law firm of Fanning Harper Matinson Brandt & Kutchin as attorneys for the city on existing matters which the city administrator deems appropriate. This is a positive move, Janes said. This firm teaches the (North Central Texas Council of Governments) classes on planning and zoning. They already represent our planning and zoning commission. Fanning Harper will retain certain cases, such as the Berkman case, but Brown & Hofmeister will be the city s lead attorney, Guinn said. Aden made the motion to appoint Brown & Hofmeister. It was seconded by Councilman Roger Ackermann and passed unanimously. Berkman s position On July 29, the federal court of the North District of Texas, Dallas Division, granted Keene s motion for a summary judgement in its long-running disagreement with the Berkmans, ruling that they owe the city for water. Berkman contends he is entitled to free water at Doc s City RV Park because of an agreement the previous owners of the property, Laszlo and Amine Varga (now Rebecca Bolinger) had with the city when they operated Odyssey Harbor, Berkman told the Keene Star in 2008. Berkman said he purchased the property in 2003 and, up to the time he filed suit, paid $62,448 for water and sewer, but stopped paying when he learned about a document that said he had free water for another couple of years. When Berkman didn t pay the water bill after continued requests by the city to do so, former city administrator James Minor ordered the water shut off. The water was turned back on later that day after Judge Wayne Bridewell issued a restraining order preventing the city from turning off the water. On May 7, 2010, the Texas Supreme Court denied a petition for review request by Berkman, in his lawsuit against the city contending he doesn t have to pay for water at the park. In addition to Mayor Ackermann, Roger Ackermann, Aden, Janes and Schram, Council members Gilbert Perez and Jere Slough were also in attendance. The next regularly scheduled meeting of the Keene City Council will be 7 p.m. Thursday, Jan. 26, in the council chambers at City Hall.