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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, June 11, 2001
9:00 a.m.
Commissioners` Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: FREDERICK L. HENNEKE, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
ABSENT: LARRY GRIFFIN, Commissioner Pct. 4
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	I N D E X	
	June 11, 2001 PAGE	
---	Visitors' Input	3
---	Commissioners Comments	6
1.1	Pay Bills - '>l.~~C `~ ~ s/~h~-.?/S~/,~
S~
~	9
1 .2	J
"`~
Budget Amendments o27 D	9
1.3	Late Bills ~70(LO~(,t/~ ~P~	14
1.4	Read and Approve Minutes p2 7a~	17
1.5	Approve and Accept Monthly Reports a.7'Q~ ~	18
2.1	Request for exemption from subdivision platting s70(r~8
2.2	Final revision of plat, Creekwood I-B 1"TGYPC,	26
2.3	Substitution for budgeted Capital Outlay,	
	District Clerk's office o2'7fI~T	27
2.5	Resolution accepting Juvenile Accountability ~ 7~~
	Incentive Block Grant from Governor's Office	
	Criminal Justice Division in the amount $13,969	28
2.6	Minor modification to Kerr County Subdivision	
	Rules and Regulations ~7DCo9	29
2.7	Ratification of Joint Proclamation with City of	
	Kerrville honoring Robert Woodward a ry0 7 O	31
2.8	Approval of grant application for funds for	
	Sex Offender Management Planning Grant ~ Jp ? ~	32
---	Adjourned	34
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On Monday, June 11, 2001, at 9:00 a.m, a regular 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 HENNEKE: Good morning, everyone. It's
9 o'clock in the morning on Monday, June 11th, Year 2001,
We'11 call to order this regular meeting of the Kerr County
Commissioners Court. llavid -- David, would you leave that
open for us?
MR. JACKSON: Sure.
JUDGE HENNEKE: We have air-conditioning
problems, and we need the circulation. Appreciate the
thought, though.
MH. JACKSON: Sure.
JUDGE HENNEKE: Commissioner Baldwin, I
believe you have the honoLS this morning.
COMMISSIONER BALDWIN: Okay. Let's have a
word of prayer, and then if you'll join me in the pledge of
allegiance.
(Prayer and pledge of allegiance,)
COMMISSIONER BALDWIN: Thank you,
JUDGE HENNEKE: Thank you. At this time, any
citizen wishing to address the Court on an item not listed
on the agenda may come forward and do so.
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SHERIFF HIERHOLZER: I'd like to announce
something, Judge, that I just got last week from Harvey
Hilderbran's office. It was a resolution that went to the
State Legislature, and, I think it was an honor to Kerr
County, so if could, I'd like to read it. Zt says -- it was
filed May 27th, and it states:
"WHEREAS, on May 4th, 2001, 11-year-old Leah
Henry of Houston was rescued in Kerr County, bringing to a
successful close an intensive operation that began with her
kidnapping three days earlier; and
"WHEREAS, authorities sprang into action on
hearing Leah's abduction, fearing that her disappearance was
the work of a serial kidnapper who had already taken Lwo
other young girls captive, only to release them later; and
"WHEREAS, acting on a tip by Kerrville area
residents Robert and Sharon Taylor, who spotted the
abductor's car, law enforcement personnel converyed on Gary
Dale Cox, catching him with the hostage in his vehicle; Leah
escaped from the car and was rescued by Kerr CouiiLy Sergeant
David Billeiter, and the pursuit of the 'I-10' predator
ended when Mr. Cox took his own life; and
"WHEREAS, in addition to Sergeant Billeiter,
the Kerr County Sheriff's Department staff involved in this
successful investigation included Sheriff W.R. 'Rusty'
Hierholzer; Chief Deputy James Graham; Investigator Ken
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Crosthwait; Sergeants Brown Stokes, Randall Sanders, and
John Lavender; Investigators Carol Twiss, Roy Green, Bobby
Johnson, and Pam Raymond; and Deputies Larry Drozd, Greg
Stewart, Kevin Fowler, Sherry James, Mark Bartell, Ruben
Rodriguez, Caroll Schultz, Mark Myers, Mike Smith, Rick
Carter, Darin Trahan, and Mark Fields; and
"WHEREAS, other officers participating in the
operation included Sergeant Charles Seale and Troopers
Travis Hall and Coy Morales of the Department of Public
Safety, Officers Paul Gonzales and Steve Anthony of the
Kerrville Police Department, Sergeant Steve Backor and Game
Warden Mark Chapa of the Parks and Wildlife Department, W.T.
Hall of the Texas Alcoholic Beverage Commission, Constable
Joel Ayala, T. Sandlin of Kerr 911, and Investigator Buddy
Hierholzer of the 216th D.A.; and
"WHEREAS, the abduction of a child instills a
sense of urgency in all those who serve in the field of law
enforcement, but this must be tempered with adherence to
procedure and the careful pursuit of each lead; the safe
return of Leah Henry is a credit to all the peace officers
of Kerr County, and they are indeed worthy of special
legislative recognition at this time; now, therefore, be it
"RESOLVED that the House of Representatives
of the 77th Legislature hereby honor the Kerr County law
enforcement officers whose efforts played a vital role in
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the rescue of Leah Henry; and, be it further
"RESOLVED that an official copy of this
resolution be prepared for these dedicated men and women as
an expression of high regard by the Texas House of
Representatives."
I thought that was a very nice honor they
gave Kerr County law enforcement.
JUDGE HENNEKE: Outstanding. Well-deserved.
Thank you.
SHERIFF HIERHOLZER: Thank you.
JUDGE HENNEKE: Is there anyone else who'd
like to address the Court on an issue not listed on the
regular agenda? If not, we'll move to the Commissioners'
comments. Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. Let's see.
There is a -- there is an issue, of course, I -- you know, I
work with the -- I work with a lot of young folks here in
town with their athletics, and there's -- we have started in
Kerrville an A.A.U. track club, summer track club. First
time Kerrville's had one, in my remembrance, which is a long
time. And, we had a track meet -- to give you an idea how
well it's working, we had a track meet in San Antonio in the
broiling sun Saturday with about 75 Kerrville kids.
Seventy-five Kerrville kids down there. And, of course,
some of them couldn't see over this table here, but they're
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really cute and they run their heart out, and they have the
gold jersey on with "Kerrville" on it. Very proud. So,
watch through the years; you can see -- you'll see the track
program in Kerrville.
COMMISSIONER WILLIAMS: What were their ages?
COMMISSIONER BALDWIN: Well, they start out
about 8 years old. About 8 through -- I guess my son
probably is the oldest one down there, but -- he's 16, but
the program goes through 18.
COMMISSIONER WILLIAMS: Bring home the gold?
COMMISSIONER BALDWIN: We brought home some
stuff. I don't know what all it was. Hard enough to keep
up with that crowd, much less what -- what they won. But,
we saw some -- we saw some great kids. We saw -- Jesse
jumped against a national champion high-jumper, and he beat
Jesse. But he's the only one there that did, so we're proud
of him. But, anyway, they're a great bunch of kids. Great
bunch of kids. That's all I wanted to talk about.
JUDGE HENNEKE: Commissioner Williams?
COMMISSIONER WILLIAMS: I have nothing this
morning.
JUDGE HENNEKE: Commissioner Letz?
COMMISSIONER LETZ: Couple of comments. I
don't think we met since Tivy got beat in the playoffs
finally, but I congratulate the Tivy baseball program. I
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think they had an outstanding run, did a really good job in
the playoffs and lost two very close games to Smithson
Valley. But, they had a great season. Another comment, I'd
just like to -- I haven't checked it, but I'm sure -- it
came from Ron Patterson; it was an interesting fact I think
a lot of us probably are not aware of. He told me that,
based on their records, the amount of rainfall that Kerr
County -- or Kerrville -- I think City of Kerrville has
received since the first of this year to the present date,
versus the first of last year to the present date, we have
less rain this year than last year. So, I think the people
need to know -- in our minds, it seems that we've had a wet
year, but we really haven't. We had a wet fall. We've had
a very dry 2001, so people need to take that to heart and
conserve where they can. And, I think that's it.
JUDGE HENNEKE: Very good. I noticed the
words "burn ban" didn't cross your lips.
COMMISSIONER LETZ: I thought -- I feel
confident that someone else will bring that up in the near
future.
JUDGE HENNEKE: Actually, Thea pulled off of
the web this morning the latest Texas Forest Service report
on drought conditions, and it's actually very positive for
this area. I'm going to circulate that so we'll have the
benefit of that, but we'll have to start tracking that more
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closely as we get to the drier season. I will just remind
everyone, we have a workshop this afternoon -- posted for
2 o'clock this afternoon on economic development with regard
to the Hill Country Youth Exhibition Center, and encourage
everyone to come out and listen and provide us with their
comments on that important part of our work here as your
Commissioners Court. Without further ado, let's move into
the approval agenda and pay some bills. Tommy? What do we
have today? Anyone have any questions or comments regarding
the bills as presented?
COMMISSIONER BALDWIN: I move that we pay the
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
authorize payment of the bills as presented and recommended
by the Auditor. Any further questions or comments? If not,
all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
amendments. Budget Amendment Number 1 is for Constable of
Precinct 1.
MR. TOMLINSON: Okay. This is a request from
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Don McClure to transfer $108 from Postage to Office
Supplies.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that we approve Budget
Amendment Number 1 for the Constable of Precinct 1. Any
further questions or comments? If not, all in favor, raise
your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 2 is for the interpreters for the
County Court at Law.
MR. TOMLINSON: We have a -- we have a Bill
that we need to pay today for -- that came out of the County
Court at Law. It's for a court interpreter. And, to pay
that, I need to transfer $300 out of the Court Interpreters
line item in the 216th Court into the County Court at Law.
JUDGE HENNEKE: Do you need a hand check for
that, as well?
MR. TOMLINSON: No, I don't.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
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JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
approve Budget Amendment Request Number 2 for County Court
at Law interpreter. Any further questions or comments? If
not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 3 is for County Auditor.
MR. TOMLINSON: Okay. This -- this is my
request to transfer $125 out of Employee Training into
Books, Publications and Dues. I have a hand check that I
need today for -- payable to the Government Financial
Officers Association, and it's for a publication that's --
that I need to start my -- my GASB 34 -- the work on trying
to bring that up to date. So, it's a publication that I
need for that purpose.
JUDGE HENNEKE: What's the amount?
MR. TOMLINSON: It's $125.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
Budget Amendment Request Number 3 and authorize a hand check
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in the amount of $125 payable to the Government Financial
Officers Association?
MR. TOMLINSON: Yes.
JUDGE HENNEKE: Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 4 is for the County Treasurer.
MR. TOMLINSON: This is a request from --
actually, from both the District Clerk and the Treasurer's
office. The Treasurer's office needed $688.13 for some
window envelopes. It's payable to Bear Graphics. She did
not have any -- any funds in her budget at all to transfer
from. She -- she talked to the District Clerk. The
District Clerk agreed to -- for her to transfer this $688.13
from -- from her Capital Outlay line item.
COMMISSIONER LETZ: What's it for?
MR. TOMLINSON: For some envelopes, some
window envelopes.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second, with a
question.
JUDGE HENNEKE: Wait.
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COMMISSIONER BALDWIN: Go ahead.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, that the Court approve
Budget Amendment Request Number 4 to transfer funds from the
District Clerk's Capital Outlay line item to the County
Treasurer's Office Supply line item. Commissioner Baldwin?
COMMISSIONER BALDWIN: The Capital Outlay
money in the District Clerk's Office, does she -- do we have
any idea what she's going to give up?
MR. TOMLINSON: Well, that -- we'll learn
about that in Item --
COMMISSIONER BALDWIN: Oh, yeah.
MR. TOMLINSON: -- I think it's 2.3.
COMMISSIONER BALDWIN: Yeah.
MR. TOMLINSON: Okay.
COMMISSIONER BALDWIN: Okay, thank you.
JUDGE HENNEKE: Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Budget
Amendment Request Number 5 is for the County Jail.
MR. TOMLINSON: This is a request from the
Sheriff's Office to transfer $1,154.28 out of Overtime in
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the jail to Prisoner Medical.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, that the Court approve
Budget Amendment Request Number 5 to County Jail. Any
further questions or comments? If not, all in favor, raise
your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Do we have
any further late bills?
MR. TOMLINSON: Yes, I do.
JUDGE HENNEKE: All right.
MR. TOMLINSON: First one is to reimburse
Linda Uecker, the District Clerk, $281.43 for reimbursement
for a conference.
JUDGE HENNEKE: Any questions or comments?
COMMISSIONER BALDWIN: I move we pay the
bill.
COMMISSIONER WILLIAMS: Second.
JUllGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
authorize a hand check in the amount of $281.43 payable to
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Linda Uekcer for conference expenses. Any further questions
or comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries.
MR. TOMLINSON: Okay. The second one is to
VeriClaims, Inc. They're the people that handle our
indigent health care payments. The first one is for
$537.69, and it's for -- its 4 1/2 percent on the claims
that we paid on May 27. And the other -- the other one --
the next one also is to the same company, and it's for
$645.25, and it's for 4 1/2 percent of the claims that we're
paying today. The -- the reason I'm asking for this is --
today is that the business is underwater today. Her
business was flooded. She does -- people do have their
computer equipment out, but I feel like that -- that we can
do a hand check for them today to pay them.
COMMISSIONER BALDWIN: That's normal and
regular payment, though? I mean --
MR. TOMLINSON: Yes. It's --
COMMISSIONER BALDWIN: Okay.
MR. TOMLINSON: It's -- we would have brought
it before the Court next time.
COMMISSIONER BALDWIN: I move we pay the
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bill.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court
authorize a hand check to VeriClaims, Inc., first in the
amount of $537.69, and second in the amount of $645.25, for
services rendered. Any further questions or comments?
COMMISSIONER BALDWIN: Are they in Houston or
Galveston?
MR. TOMLINSON: Houston.
JUDGE HENNEKE: All in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries.
MR. '1'OMLINSON: The last one is a request
from -- from the 198th District Court, and it's payable --
it's payable to Jody Yool, and it's for $/29. It's for --
for a witness fee, and it's for travel and daily expenses
for that witness. And, it's their travel, this witness',
out of Oklahoma. We have to have a check into the court
registry 30 -- or in the hands of this person 30 days before
the case, and it will be reimbursed at some point by the
State.
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COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Letz, that the Court
authorize a hand check in the amount of $729 payable to Jody
Pool for witness fees. Any further questions or comments?
If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JODGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Okay. At
this time, I'd entertain a motion to waive reading and
approve the minutes from the May 14 and May 29 meetings of
the Kerr County Commissioners Court.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, that the Court waive reading
and approve the minutes of the Monday, May 14, 2001, regular
session, and the Tuesday, May 29, Year 2001 special session
of the Kerr County Commissioners Court. Any further
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
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(No response.)
JUDGE HENNEKE: Motion carries. At this
time, I'd entertain a motion to approve and accept the
monthly reports as presented.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve and
accept the monthly reports as presented. Any further
questions or comments? If not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. Moving to
the consideration agenda, the first item for consideration
is consider and discuss the request for exemption from
subdivision platting. Mr. Jackson?
MR. JACKSON: I'm David Jackson, 820 Main.
I'm here to represent the party who is under contract to
acquire an 86.86-acre tract which also includes an easement.
It's on Highway 1390. I have had several discussions and
done my own research with respect to the legal issues
involved with this requested exemption, as well as the Kerr
County Regulations, of course. And, while no specific
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action is required by the Court, we would like to have the
Court's confirmation of the exemption which was set forth in
property, he may well want to subdivide the property into
greater than 10-acre tracts. Second, we're talking about a
fairly small piece of property, and maybe only one or two
tracts. That's not the issue, but I give that to you as
a -- by way of background. Under the state law and then
your regulations, which I think are consistent, an exemption
does apply for any tract which is taken out of another tract
which is greater than 10 acres. It also, though, specifies
that	you	can'	t,	quote, lay out a road.	What's happening
here	is	there	is	an easement involved.	A portion of this
road that runs through and to this property has been in
existence probably since the early '30's. I was able to run
down an easement document in 1939, and Charles Domingues was
able to find maps that show it in the '60's as physically
being there.
The key here is, greater than 10 acres. No
particular road that I showed on my letter of May 25. And,
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there -- it's a private easement, so there's no maintenance
involved, no issue that you would ever have to take that
road over. I think those are the key elements of what I've
discussed and what I think is necessary. Again, to bring
you back to the focus point of the reason even to be here,
if it were very clear, I think I wouldn't be standing here.
The issue of laying out, I think, requires that there be
some change or installation of a road or some event that
makes it appear like a subdivision. What will happen here
is, if ever, a couple of tracts greater than 10 acres will
be sold off.
COMMISSIONER LETZ: Judge, if I may make a
couple comments, 1 visited with Larry on this and also
talked with David Jackson on this topic. The -- I think the
reason for the request also is there was a -- the Road and
Bridge Department, through Franklin, had a question whether
this was a -- you know, needed to be platted or not. I
looked at the situation. I've talked with Travis Lucas, and
Travis and I agree that -- it's probably more important that
Travis agrees than me, but the contention that this does
fall within this exemption. There -- the issue I think that
Road and Bridge had was that this is a private road and it
doesn't meet County standards, and both of those situations
are true. But, the state law doesn't require it to be a
county road; it says "a road." And, it doesn't require any
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standard -- I mean, basically, we never get to the point
that it is a subdivision, so it doesn't -- none of the other
conditions of our Subdivision Rules apply. And -- but I
told David Jackson that first -- you know, the way to make
it clear for the future is to do what he's doing, is put it
on our agenda, and we can just, you know, concur that this
situation is exempt from subdivision platting in this
county.
JUDGE HENNEKE: Any other questions or
comments?
COMMISSIONER BALDWIN: Only comment I have,
if he were in here asking for -- doing a subdivision, I
might -- I might argue with the good Commissioner on the
other end of the table, but I don't see -- I don't see him
in here asking for anything.
COMMISSIONER LETZ: Well, but if -- it is
possible that it would -- I mean --
COMMISSIONER BALDWIN: Well, when that
happens, then he needs to comply with the rules and
regulations.
COMMISSIONER LETZ: But he does. They're
complying.
COMMISSIUNER BALDWIN: I don't necessarily
agree with that, but at that time I'll be happy to argue
with you. You don't get my blessing today, is what it is.
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COMMISSIONER LETZ: Okay. Well, then I'll
make a motion that --
COMMISSIONER BALDWIN: To do what? That's my
point. Make a motion to do what?
COMMISSIONER LETZ: Well, I'll make a motion
that, based on the fact situation presented by David Jackson
on behalf of his client, that this does not require platting
in Kerr County.
COMMISSIONER BALDWIN: Well, I mean, I
thought -- if he came in and asked to do a -- a subdivision
or a plat, I think that would be the appropriate time to
deal with that. This is -- he's not in here asking -- I
don't see any plat in here.
COMMISSIONER LETZ: Because we don't -- the
question is, we don't, I don't think, and our Subdivision
Rules don't require a plat.
COMMISSIONER WILLIAMS: I would second the
motion to exempt this from platting.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, to exempt the property and
the scenario presented by Mr. Jackson, David Jackson, from
platting. Typically, we don't do these kinds of things,
this kind of advisory -- typically we don't do it formally.
We do them as a matter of consensus. So, I myself am a
little bit reluctant to take formal action. Motion's been
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made and seconded, so it's up to the Court to act as they
do, but typically we don't take formal action of an advisory
opinion-type situation. It's like a concept plan; we don't
approve a concept plan, we discuss it.
COMMISSIONER LETZ: I believe that's -- let
me ask David Jackson a question. Is it sufficient to have
it just as part of the court
we had? It doesn't make any
I will say that the reason I
because this is -- there has
Road and Bridge Department's
Attorney's and my interpreta
MR. JACKSON:
records of the discussions that
difference to me, but it is --
would make the motion here is
been a disagreement between the
interpretation and the County
pion.
And the reason we're here is
because of those discussions. But, also, my client will
probably not acquire the property unless we have an
understanding of what this exemption means. I fully
appreciate this is a little unusual, but the whole exemption
being fairly new is a little unusual. And, if I -- I would
respectfully ask for a decision. If I don't get that, I
certainly understand. I respect what you say, Judge, that
it's -- it's an awkward situation, but the law itself is a
little awkward. Your regulation follows what the law did.
They would have been much better to give us very clear
guidance as to what they were about.
JUDGE HENNEKE: That's expecting too much of
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the Legislature.
MR. JACKSON: Perhaps.
DODGE HENNEKE: If the Court votes and we're
headed down that direction, you need to understand, as I
know you do, that this is not carte blanche; that, in a
sense, your client has been put in a box, has drawn very
narrow lines.
MR. JACKSON: Right.
JUDGE HENNEKE: And the vote pertains to
what's inside those lines.
MR. JACKSON: Right.
DODGE HENNEKE: If he moves outside the
lines, what happens here today has no relevance.
MR. JACKSON: And the box -- I couldn't agree
more, and it's a case-by-case basis. Commissioner Baldwin's
point is very well made, that in other situations where
there -- there are different situations that would require a
different presentation. That's the reason why I wrote the
letter. I think the box is my May 25th letter. I -- I've
told my client, you can't go outside that letter, 'cause
that -- that's the deal. That's what we've told the County.
If you want to do something different, we'll have to come
Lack.
JUDGE HENNEKE: Okay. Any further questions?
COMMISSIONER WILLIAMS: Well, yeah, I just
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have one comment. The motion should include the reference
regarding the 86.86 acres and so forth, and Mr. Jackson's
letter of May 25.
MR. JACKSON: And my letter did attach that
legal, so that would be appropriate.
COMMISSIONER LETZ: I concur. I agree,
that's part of the motion.
JUDGE HENNEKE: Motion's been made and
seconded. Any further questions or comments? If not, all
in favor, raise your right hand.
(Commissioners Williams and Letz indicated by
raised hand that they were in favor of the
motion.)
JUDGE HENNEKE: All opposed, same sign.
(Commissioner Baldwin indicated by raised
hand that he was opposed to the motion.)
JUDGE HENNEKE: Motion passes 2-to-l.
MR. JACKSON: Thank you.
COMMISSIONER BALDWIN: David, I can't tell
where it is by looking at abstract numbers. Exactly where
is --
MR. JACKSON: The property's now owned by Joe
L. Rogers, and it includes a tract that's right on 1340.
Then the easement comes down, then it goes down across
somebody else's property, crosses the river. It actually
used to go all the way down and was the way you got to Camp
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Stuart back before the beginning of time.
COMMISSIONER BALDWIN: Yeah, that's true.
MR. JACKSON: Thanks again.
JUDGE HENNEKE: Thank you. Item Number 2,
consider the final revision of plat for Creekwood I-B in
Precinct 2. Commissioner Williams.
COMMISSIONER WILLIAMS: We reviewed this at
the last Court meeting. Franklin, is there anything new of
interest that we need to know about?
MR. JOHNSTON: Not to my knowledge. I think
everything's complete. The fact certificate's been filed.
COMMISSIONER WILLIAMS: You've conducted the
public hearing. Therefore, I would move the final revision
of plat for Creekwood I-B, Volume 6, Page 298, Precinct 2,
as presented.
COMMISSIONER BALDWIN: I'll second that.
JUDGE HENNEKE: Motion by Commissioner
Williams, second by Commissioner Baldwin, that the Court
approve the final revision of plat for Creekwood I-B, Volume
6, Page 298 in Precinct 2. Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Next item is
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Item Number 3, which is a request from the District Clerk,
Linda Uecker, through Tommy Tomlinson, regarding her Capital
Outlay budget.
MR. TOMLINSON: Okay. I think we're --
2001/2002, the Clerk, in her budget request, intends to --
to start imaging in her department. She -- for 2000/2001,
she had asked for a reader-printer. That's $9,000 that
she's not going to purchase. I think her letter to -- to
the Court really explains what -- what she wants to do, but
that's basically in a nutshell what her plans are, and she
wants to purchase a printer with part of that $9,000.
JUDGE HENNEKE: So, in essence, what she's
asking us to do is amend her Capital Outlay approved list to
delete the reader-printer and substitute an H.P. laser jet
printer, correct?
MR. TOMLINSON: Yeah.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Moved by Commissioner Letz,
seconded by Commissioner Williams, that the Court approve
the request of the District Clerk to amend her Capital
Outlay list to include an H.P. laser jet printer and delete
the additional reader-printer. Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
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DODGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Next item
is, again, from the Auditor. Consider a resolution
accepting Juvenile Accountability Incentive Block Grant from
the Governor's Office, Criminal Justice Division, in the
amount of $13,969.
MR. TOMLINSON: Yes. I think we have a -- a
brief letter from me explaining what this grant's for. It's
basically for -- to offset the cost of the Detention Center
for -- for treatment of substance abuse, and that's -- it's
a grant that comes from the Governor's Office. And, we're
here today to get -- get approval -- the resolution approved
by the Court to accept that grant.
COMMISSIONER BALDWIN: I'll move the
approval, and I'm going to make a comment, Judge.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Letz, that the Court approve
the resolution accepting Juvenile Accountability Incentive
Block Grant from the Governor's Office in the amount of
$13,969. You have a question, Commissioner Baldwin?
COMMISSIONER BALDWIN: I just wanted to make
a comment, that if you -- if any of you watched the --
watched trie news, there is a national debate raging whether
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we should be treating substance abuse people or just simply
lock them up and leave them there. And, I -- I just wanted
to commend Kerr County's Juvenile Board. You're years
ahead, I think. I mean, you're actually doing what a lot of
states are trying to get to the point to do, and that's take
care of the problems that we have out there, and I just want
to say thank you for it. That's all.
JUDGE HENNEKE: On behalf of the Board, I
appreciate that.
COMMISSIONER LETZ: Judge, I have a -- just a
clerical item. I think Larry will probably prefer his name
be down there as Richard L. Griffin.
JUDGE HENNEKE: It has Richard L. Griffen.
MR. TOMLINSON: I'll have to redo it.
JUDGE HENNEKE: Any further questions or
comments? If not, all in favor, raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Next item is
Item Number 6, consider and discuss minor modifications Kerr
County Subdivision Rules and Regulations and set a public
hearing on same. Commissioner Letz.
COMMISSIONER LETZ: This is a -- through an
oversight on my part when I put it on the agenda last time,
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I failed to talk to Truby to see if she had any clerical
mistakes that I have not -- other people have not found yet,
and she had three. And, before we made corrections and sent
everything out, I thought it would be better to get them all
done at one time. These are the three pages behind the
cover sheet. Typo on 9.03; it says "10.01." It should say
"9.01" on Page 42. On Page 17, on 5.04.B, it should just
say "4 feet." The "0 to" should be crossed out. And then,
on Page 19, under 6.02.C, the numbers of the parentheses on
both counts are wrong. They don't follow the -- the
verbiage; they need to be corrected. So, the first one will
be "36 inches," the second one "98 inches," to match what's
written. I'll make a motion that we accept these changes,
and I do not believe we need a public hearing unless -- we
decided last time these are minor revisions.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Baldwin, to approve the minor
clerical contributions to the existing Kerr County
Subdivision Rules and Regulations. And, they become
effective --
COMMISSIONER LETZ: Immediately.
JUDGE HENNEKE: -- effective immediately.
Any further questions or comments? If not, all in favor,
raise your right hand.

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(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
Motion carries. Item Number 7, consider and discuss
ratification of Joint Proclamation with City of Kerrville
honoring Robert Woodward. This is a proclamation --
Resolution of Commendation that we've already signed, but we
need to officially ratify it so that it can be presented at
the City Council meeting tomorrow. Do you have a question,
ma'am?
MS. ROONEY: Yeah. When are you going to set
the public hearing?
JODGE HENNEKE: Public hearing is not
required. If you have a question, you need to raise it
during the agenda item, not afterwards.
MS. ROONEY: I'm sorry, but that's what it
said, and you didn't get to it, so that's why I'm asking.
COMMISSIONER LETZ: Let me make a comment on
that, Judge, if I may. Out of order, I know. I made the --
in the motion, I think I said a public hearing will not be
required, because these are minor typographical errors.
MS. ROONEY: So, in other words, what you're
saying to me is -- is the rules and regulations have already
been approved and set, and I can get a copy of them
somewhere?
COMMISSIONER LETZ: Yes.
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MS. ROONEY: Where can I go to get a copy?
COMMISSIONER LETZ: Road and Bridge
Department has copies.
MS. ROONEY: Okay. Thank you.
JUDGE HENNEKE: Turning back to the
proclamation --
COMMISSIONER BALDWIN: Judge, I'd like to
make a motion that we approve the Resolution of
Commendation.
COMMISSIONER WILLIAMS: I'll second that.
JUDGE HENNEKE: Motion by Commissioner
Baldwin, second by Commissioner Williams, that the Court
approve and ratify the Joint Proclamation of Commendation.
Any further questions or comments? If not, all in favor,
raise your right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion passes. Item Number 8
is r_onsider and discuss approval of a grant application for
funds for the Sex Offender Management Planning Grant. You
have in your packet a description of the grant that's being
requested. This is an initiative by the Juvenile Detention
Center to address some of the most disturbing issues that we
fame as the juvenile justice system here in Kerr County,
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which is that of sex offenders. My commendation to Dwight
Sadler out at the Detention Center for taking initiative in
this and making the regional program involving Kerr County
Gillespie County, Kendall County, and Bandera County. There
is no match required for this grant. It is a planning
grant, something that we would like to move forward with.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE HENNEKE: Motion by Commissioner Letz,
second by Commissioner Williams, that the Court approve the
grant application for funds for Sex Offender Management
Planning Grant.
COMMISSIONER WILLIAMS: In the amount of
$50,000?
JUUGE HENNEKE: In the amount of whatever it
is.
COMMISSIONER WILLIAMS: $50,000.
JUDGE HENNEKE: $50,000. Any further
questions or comments'? 1f not, all in favor, raise your
right hand.
(The motion carried by unanimous vote.)
JUDGE HENNEKE: A11 opposed, same sign.
(NO response.)
JUDGE HENNEKE: Motion carries. And, if
theLe is notriing else, we are adjourned. We do have a
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workshop at 2 o'clock.
COMMISSIONER BALDWIN: We adjourn or recess?
JUDGE HENNEKE: Well, I guess, the way it's
posted --
MS. SOVIL: Adjourn.
JUDGE HENNEKE: -- we adjourn, because the
workshop is posted separately, so we'll reconvene again at
2 o'clock.
COMMISSIONER LETZ: This could be a record.
JUDGE HENNEKE: This could be a record.
(Commissioners Court concluded at 9:40 a.m.)
STATE OF TEXAS I
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the Lime and place heretofore set forth.
DATED at Kerrville, Texas, this 11th day of June, 2001.
JANNETT PIEPER, Kerr County Clerk
BY: __ ~~_'~_ '~ ~r~_ _
Kathy Ba~fik, Deputy County Clerk
Certified Shorthand Reporter
ORDER NO. 27@54
CLAIMS RND RCCOUNTS
On this the 11th day of Ji_ine, ~@@1 came to be considered by
the Court var^io~_is Commissioner•s~ precincts, which said Claims
and Accounts are:
i@-Gener^al for• $62, 275.9@, i 1-Jur^y for $51@. 46, 13-Road R
Bridge Rdditional Registration fee for• $5,@Sc.S@, 14-Fir^e
Protection for^ $6, c5@. @@, 15-Road & Bridge for^ $12, 39@. 13,
18-Co~_inty Law Library for $5,66@.@@, 19-Public Libr^ary for-
$25,246.,:;3, 22-Flood Control for $7,865.,:x8, 5@-Indigent Health
Car^e for $32,187.89, 7@-F'er•manent Improvement for $1,@28.@@,
81-District Rdministr•ation for $6@@.@@, 83-State Funded -
216th District Rttorney for- $737.@3, 86-State Funded - 216th
Distr^ict Pr^obation for $1,217.55, 87- State Funded - Community
Correction for $6,168.65, Total Cash r^equir•ed for• ALL FUNDS:
$171, 189.82.
Upon motion made by Commissioner Baldwin, seconded by
Commissioner Williams, the Court unanimously approved by a
vote of 3-@-@, payment of said Recounts as recommended by the
County Auditor.
ORDER NO. ~74~5,°,
PUDGET RMENDMENT IN
CONSTRRLE PRECINCT #1
On this the 11th day of J~_ine, c001 i_ipon motion made by
Commissioner Baldwin, seconded by Commissioner Let<, the
Court unanimously approved by a vote of :,-0-~, to tr•ansfer•
$108.Q~Q~ from Line Item No. 10-SS1-3Q~9 Postage to Line Item No,
SQi-S51-31Q Office Supplies in the office of Constable Precinct
#1.
ORDER N0. 27Q56
PUDGET RMENDMENT IN COUNTY COURT AT LAW
JURY FUND
RND 216TH DISTRICT COURT - JURY FUND
On this the 11th day of June 201, upon motion made by
Commissioner Williams, seconded by Commissioner Letz, the
Cour-t unanimously approved by a vote of 3-0-Q, to tr^ansfer
830S.Q~0 from Line Item No. 11-435-496 Co~_irt Interpreter to
Line Item No. i1-427-496 in Inter•preter•s in County Court at
Law - Juury Fund and the ci6th District Court - J~_iry Fund.
.+~-
ORDER N0. 27057
BUDGET AMENDMENT IN THE COUNTY AUDITOR
On this the 11th day of June 2001, upon motion made by
Commissioner Baldwin, seconded 6y Commissioners Let z, the
Co~_~rt unanimously approved by a vote of 3-Q~-0, to transfer
8125.00 from Line Item No. 10-495-21E Employee Training to
Line Item No. 10-495-315 Rooks-Publications-Dues in the County
Auditor and a~.~thorize a hand check in the amo~_~nt of 515.00
made payable to Government Finance Officers Rssociation.
ORDER N0. 270°,8
PUDGET RMENDMENT IN THE COUNTY TREASURER
AND THE DISTRICT CLERK
On this the 11th day of J~_ine 2001, ~.~pon motion made by
Commissioner Let z, seconded by Commissioner Paldwin, the
Court unanimously approved by a vote of 3-0-0, to tr'ansfer'
8688.13 from Capital Outlay Line Item No. 10-450-570 to Line
Item No. 10-497-310 Office 5~_ipplies in the County Treasurer
and the District Cler^k and a~.~thor-ire a hand check in the
amount of 8688.13 made payable to Rear Graphics Inc.
..•+
QRDER N0. 27@59
PUDGET AMENDMENT IN THE
COUNTY JRIL
On this the lath day of June ~@01, upon motion made by
Commissioner Let z, seconded by Commissioner Paldwin, the Court
unanimously approved by a vote of 3-Q-Q, to transfer- 81,154.28
fr°om Line Item No. 15-512-i12 Overtime to Line Item
No.10-512-333 prisoner Medical in the County Jaii.
.-.•
ORDER N0. 270E,0
AP'P'ROVAL OF LRTE BILL
TO LINDR UECKER, DISTRICT CLERK
On this the 11th day of June '001, upon motion made 6y
Commissioner Paldwin, seconded by Commissioner Williams,
the Gourt unanimously approved by a vote of 3-0-0, to pay late
bill to Linda Uecker, District Clerk in the amount of $c81.43
for' reimbursement for Governmental Collections Rssn and
authar•ize a hand check in the amount of X281.43 made payable
to Linda Uecker, District Clerk.
ORDER N0. 27061
APF~ROVAL OF LRTE BILL
TO VERICLAIMS INC.
On this the 11th day of S~_ine 2001, upon motion made by
Commissioner Paldwin, seconded by Commissioner Lets, the Co~_irt
unanimously approved by a vote of 3-0-0, to pay late bill to
Ver^iclaims Inc for^ 8537.69 and for^ 8645.25 fr-om Line Item No.
50-641-486 and authorise a hand check payable to Ver-iciaims.
ORDER N0. ^c7@62
AF'GROVRL OF LATE PILL
TO JODY F'AUL POOL
IN THE 198TH DISTRICT COURT
On this the 11th day of June ~@@i, upon motion made 6y
Commissioner Paldwin, seconded by Commissioner Let z, the Court
unanimously approved by a vote of s-@-@, to pay late bill to
Jody F'aul Fool in the amount of $7c9.@@ fr-om Line Item No,
1@-436-471 and authorize a hand checF< payable to Jody F'a~_il
Paol.
ORDER N0. ^c70E'
WAIVE RND RFrPROVE MINUTES
On this the filth day of June ~4i01, upon motion made by
Commissioner Letz, seconded by Commissioner Paldwin, the
Coiar•t unanimously approved by a vote of 3-Q~-0, to waive
reading of the minutes for• Regular Commissianer•'s Coiart
Session on May 14, c001 and Special Session on May '9, cOQ~l.
ORDER N0. 27064
APPROVAL OF MONTHLY REPORTS
On this the 11th day of J~_~ne 2001, upon motion made by
Commissioner Letz, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 3-0-0, to accept the
following reports and direct that they be filed with the
County Clerk for future audit:
Robert Tench - Justice of Geace Pct. #3
May '._001 Report
Dawn Wright - Justice of Peace Fact. #2
May 2001 Report
William e. Ragsdale - Justice of Peace Pct. #4
May Report
W.R. Hier•holzer^ - Sher^iff's Report
May ^c001 - Civil Report
DRDER ND. 7065
ARPROVE REQUEST FOR
EXEMPTION FROM SUPDIVISION GLRTTING
On this the 11th day of June 2001, upon motion made
by Commissioner Let z, seconded by Commissioner Williams, the
Co~.irt approved by a vote of 2-1-0, to exempt th 86. B6 acre
pr-operty and the scenario present by Mr. David Jackson
and his letter dated May GJ, c001 from platting.
ORDER NO. ^c7Q66
RPPROVRL OF FINRL REVISION OF FLAT FOR
CREEN.WOOD I-P
On this the 11th day of J~_ine 2Q~Q~1, ~_ipon motion made by
Commissioner Williams, seconded by Commissioner Paldwin, the
Court unanimously approved by vote of 3-Q-Q, the final revision
of plat for Creekwood I-R in Vo l~.ime 6 page X98 in Precinct #c.
ORDER N0. ~70E7
RE'P'ROVE SUESTITUTION FOR BUDGET
CApITRL OUTLAY IN THE DISTRICT CLERK'S OFFICE
On this the 11th day of June 2Q~Q1, upon motion made 6y
Commissioner Let z, seconded by Commissioner Williams, the
Co~_ir^t unanimously appr^oved by a vote of 3-Q~-0, to approve the
req~_iest of the District Clerk to amend her Capital Outlay
list to include an H. F'. Laser Jet F'r^inter and delete the
additional reader-printer-.
ORDER NO. 27@68
APPROVE THE RESOLUTION
RCCEPTING JUVENILE RCCOUNTRBILITY INCENTIVE PLOC1: GRRNT
FROM THE GOVERNOR'S OFFICE CRIMINRL JUSTICE DIVISION
On this the 11th day of June 2@@1, upon motion made by
Commissioner Baldwin, seconded by Commissioner- Let z, the Court
unanimously approved by a vote of 3-@-@, the resolution
accepting the Juvenile Rccountability Incentive Block Grant
from the Governor's Office Criminal Justice Division in the
amount of $13,965.
ORDER 0. ^c7069
RppROVAL OF MINOR MODIFICRTION
TO THE KERR COUNTY 5UPDIVISION RULE5 RND REGULATIONS
On this the 11th day of J~.ine, upon motion made by
Commissioner Let z, seconded by Commissioner Paldwin, the Court
unanimously approved by a vote of 3-0-@, the minor-
modification to the Kerr Co~.inty S~_~bdivision Rules and
Regulations
ORDER ND. c7@7@
AP'P'ROVAL AND RRTIFY THE
JOINT F'F'RDCLRMRTIDN FDR
COMMF_NDATION WITH THE CITY OF I'.ERRVILLE
Dn this the 11th day of June c@@1, japan motion made by
Commissioner^ Baldwin seconded by Commissioner^ Williams the
Court unanimously approved by a vote of 3-@-@, approve and
ratify the Joint F'r~oclamation for Commendation with the City
of I:errville honor-ing Robert Woodar-d.
ORDER N0. 27071
RF'F'ROVRL OF GRANT APPLICATION FOR FUNDS
FOR SEX OFFENDER MRNRGEMENT F'LRNNING GRANT
On this the 11th day of ,pane 2001, upon motion made by
Commissioner Let z, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 3-Q-0, of grant
application for' funds for Sex Offender Management Planning
Grant in the amount of ~SQ~,S~00.00.