1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 11, 2001 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 25 ABSENT: LARRY GRIFFIN, Commissioner Pct. 4 2 1 I N D E X June 11, 2001 PAGE 2 --- Visitors' Input 3 3 --- Commissioners Comments 6 4 1.1 Pay Bills 9 1.2 Budget Amendments 9 5 1.3 Late Bills 14 1.4 Read and Approve Minutes 17 6 1.5 Approve and Accept Monthly Reports 18 7 2.1 Request for exemption from subdivision platting 18 8 2.2 Final revision of plat, Creekwood I-B 26 9 2.3 Substitution for budgeted Capital Outlay, District Clerk's office 27 10 2.5 Resolution accepting Juvenile Accountability 11 Incentive Block Grant from Governor's Office Criminal Justice Division in the amount $13,969 28 12 2.6 Minor modification to Kerr County Subdivision 13 Rules and Regulations 29 14 2.7 Ratification of Joint Proclamation with City of Kerrville honoring Robert Woodward 31 15 2.8 Approval of grant application for funds for 16 Sex Offender Management Planning Grant 32 17 --- Adjourned 34 18 19 20 21 22 23 24 25 3 1 On Monday, June 11, 2001, at 9:00 a.m, a regular meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning, everyone. It's 7 9 o'clock in the morning on Monday, June 11th, Year 2001. 8 We'll call to order this regular meeting of the Kerr County 9 Commissioners Court. David -- David, would you leave that 10 open for us? 11 MR. JACKSON: Sure. 12 JUDGE HENNEKE: We have air-conditioning 13 problems, and we need the circulation. Appreciate the 14 thought, though. 15 MR. JACKSON: Sure. 16 JUDGE HENNEKE: Commissioner Baldwin, I 17 believe you have the honors this morning. 18 COMMISSIONER BALDWIN: Okay. Let's have a 19 word of prayer, and then if you'll join me in the pledge of 20 allegiance. 21 (Prayer and pledge of allegiance.) 22 COMMISSIONER BALDWIN: Thank you. 23 JUDGE HENNEKE: Thank you. At this time, any 24 citizen wishing to address the Court on an item not listed 25 on the agenda may come forward and do so. 4 1 SHERIFF HIERHOLZER: I'd like to announce 2 something, Judge, that I just got last week from Harvey 3 Hilderbran's office. It was a resolution that went to the 4 State Legislature, and, I think it was an honor to Kerr 5 County, so if could, I'd like to read it. It says -- it was 6 filed May 27th, and it states: 7 "WHEREAS, on May 4th, 2001, 11-year-old Leah 8 Henry of Houston was rescued in Kerr County, bringing to a 9 successful close an intensive operation that began with her 10 kidnapping three days earlier; and 11 "WHEREAS, authorities sprang into action on 12 hearing Leah's abduction, fearing that her disappearance was 13 the work of a serial kidnapper who had already taken two 14 other young girls captive, only to release them later; and 15 "WHEREAS, acting on a tip by Kerrville area 16 residents Robert and Sharon Taylor, who spotted the 17 abductor's car, law enforcement personnel converged on Gary 18 Dale Cox, catching him with the hostage in his vehicle; Leah 19 escaped from the car and was rescued by Kerr County Sergeant 20 David Billeiter, and the pursuit of the 'I-10' predator 21 ended when Mr. Cox took his own life; and 22 "WHEREAS, in addition to Sergeant Billeiter, 23 the Kerr County Sheriff's Department staff involved in this 24 successful investigation included Sheriff W.R. 'Rusty' 25 Hierholzer; Chief Deputy James Graham; Investigator Ken 5 1 Crosthwait; Sergeants Brown Stokes, Randall Sanders, and 2 John Lavender; Investigators Carol Twiss, Roy Green, Bobby 3 Johnson, and Pam Raymond; and Deputies Larry Drozd, Greg 4 Stewart, Kevin Fowler, Sherry James, Mark Bartell, Ruben 5 Rodriguez, Caroll Schultz, Mark Myers, Mike Smith, Rick 6 Carter, Darin Trahan, and Mark Fields; and 7 "WHEREAS, other officers participating in the 8 operation included Sergeant Charles Seale and Troopers 9 Travis Hall and Coy Morales of the Department of Public 10 Safety, Officers Paul Gonzales and Steve Anthony of the 11 Kerrville Police Department, Sergeant Steve Backor and Game 12 Warden Mark Chapa of the Parks and Wildlife Department, W.T. 13 Hall of the Texas Alcoholic Beverage Commission, Constable 14 Joel Ayala, T. Sandlin of Kerr 911, and Investigator Buddy 15 Hierholzer of the 216th D.A.; and 16 "WHEREAS, the abduction of a child instills a 17 sense of urgency in all those who serve in the field of law 18 enforcement, but this must be tempered with adherence to 19 procedure and the careful pursuit of each lead; the safe 20 return of Leah Henry is a credit to all the peace officers 21 of Kerr County, and they are indeed worthy of special 22 legislative recognition at this time; now, therefore, be it 23 "RESOLVED that the House of Representatives 24 of the 77th Legislature hereby honor the Kerr County law 25 enforcement officers whose efforts played a vital role in 6 1 the rescue of Leah Henry; and, be it further 2 "RESOLVED that an official copy of this 3 resolution be prepared for these dedicated men and women as 4 an expression of high regard by the Texas House of 5 Representatives." 6 I thought that was a very nice honor they 7 gave Kerr County law enforcement. 8 JUDGE HENNEKE: Outstanding. Well-deserved. 9 Thank you. 10 SHERIFF HIERHOLZER: Thank you. 11 JUDGE HENNEKE: Is there anyone else who'd 12 like to address the Court on an issue not listed on the 13 regular agenda? If not, we'll move to the Commissioners' 14 comments. Commissioner Baldwin? 15 COMMISSIONER BALDWIN: Yes, sir. Let's see. 16 There is a -- there is an issue, of course, I -- you know, I 17 work with the -- I work with a lot of young folks here in 18 town with their athletics, and there's -- we have started in 19 Kerrville an A.A.U. track club, summer track club. First 20 time Kerrville's had one, in my remembrance, which is a long 21 time. And, we had a track meet -- to give you an idea how 22 well it's working, we had a track meet in San Antonio in the 23 broiling sun Saturday with about 75 Kerrville kids. 24 Seventy-five Kerrville kids down there. And, of course, 25 some of them couldn't see over this table here, but they're 7 1 really cute and they run their heart out, and they have the 2 gold jersey on with "Kerrville" on it. Very proud. So, 3 watch through the years; you can see -- you'll see the track 4 program in Kerrville. 5 COMMISSIONER WILLIAMS: What were their ages? 6 COMMISSIONER BALDWIN: Well, they start out 7 about 8 years old. About 8 through -- I guess my son 8 probably is the oldest one down there, but -- he's 16, but 9 the program goes through 18. 10 COMMISSIONER WILLIAMS: Bring home the gold? 11 COMMISSIONER BALDWIN: We brought home some 12 stuff. I don't know what all it was. Hard enough to keep 13 up with that crowd, much less what -- what they won. But, 14 we saw some -- we saw some great kids. We saw -- Jesse 15 jumped against a national champion high-jumper, and he beat 16 Jesse. But he's the only one there that did, so we're proud 17 of him. But, anyway, they're a great bunch of kids. Great 18 bunch of kids. That's all I wanted to talk about. 19 JUDGE HENNEKE: Commissioner Williams? 20 COMMISSIONER WILLIAMS: I have nothing this 21 morning. 22 JUDGE HENNEKE: Commissioner Letz? 23 COMMISSIONER LETZ: Couple of comments. I 24 don't think we met since Tivy got beat in the playoffs 25 finally, but I congratulate the Tivy baseball program. I 8 1 think they had an outstanding run, did a really good job in 2 the playoffs and lost two very close games to Smithson 3 Valley. But, they had a great season. Another comment, I'd 4 just like to -- I haven't checked it, but I'm sure -- it 5 came from Ron Patterson; it was an interesting fact I think 6 a lot of us probably are not aware of. He told me that, 7 based on their records, the amount of rainfall that Kerr 8 County -- or Kerrville -- I think City of Kerrville has 9 received since the first of this year to the present date, 10 versus the first of last year to the present date, we have 11 less rain this year than last year. So, I think the people 12 need to know -- in our minds, it seems that we've had a wet 13 year, but we really haven't. We had a wet fall. We've had 14 a very dry 2001, so people need to take that to heart and 15 conserve where they can. And, I think that's it. 16 JUDGE HENNEKE: Very good. I noticed the 17 words "burn ban" didn't cross your lips. 18 COMMISSIONER LETZ: I thought -- I feel 19 confident that someone else will bring that up in the near 20 future. 21 JUDGE HENNEKE: Actually, Thea pulled off of 22 the web this morning the latest Texas Forest Service report 23 on drought conditions, and it's actually very positive for 24 this area. I'm going to circulate that so we'll have the 25 benefit of that, but we'll have to start tracking that more 9 1 closely as we get to the drier season. I will just remind 2 everyone, we have a workshop this afternoon -- posted for 3 2 o'clock this afternoon on economic development with regard 4 to the Hill Country Youth Exhibition Center, and encourage 5 everyone to come out and listen and provide us with their 6 comments on that important part of our work here as your 7 Commissioners Court. Without further ado, let's move into 8 the approval agenda and pay some bills. Tommy? What do we 9 have today? Anyone have any questions or comments regarding 10 the bills as presented? 11 COMMISSIONER BALDWIN: I move that we pay the 12 bills. 13 COMMISSIONER WILLIAMS: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Baldwin, second by Commissioner Williams, that the Court 16 authorize payment of the bills as presented and recommended 17 by the Auditor. Any further questions or comments? If not, 18 all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Budget 23 amendments. Budget Amendment Number 1 is for Constable of 24 Precinct 1. 25 MR. TOMLINSON: Okay. This is a request from 10 1 Don McClure to transfer $108 from Postage to Office 2 Supplies. 3 COMMISSIONER BALDWIN: So moved. 4 COMMISSIONER LETZ: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Baldwin, second by Commissioner Letz, that we approve Budget 7 Amendment Number 1 for the Constable of Precinct 1. Any 8 further questions or comments? If not, all in favor, raise 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. Budget 14 Amendment Request Number 2 is for the interpreters for the 15 County Court at Law. 16 MR. TOMLINSON: We have a -- we have a Bill 17 that we need to pay today for -- that came out of the County 18 Court at Law. It's for a court interpreter. And, to pay 19 that, I need to transfer $300 out of the Court Interpreters 20 line item in the 216th Court into the County Court at Law. 21 JUDGE HENNEKE: Do you need a hand check for 22 that, as well? 23 MR. TOMLINSON: No, I don't. 24 COMMISSIONER WILLIAMS: So moved. 25 COMMISSIONER LETZ: Second. 11 1 JUDGE HENNEKE: Motion by Commissioner 2 Williams, second by Commissioner Letz, that the Court 3 approve Budget Amendment Request Number 2 for County Court 4 at Law interpreter. Any further questions or comments? If 5 not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Budget 10 Amendment Request Number 3 is for County Auditor. 11 MR. TOMLINSON: Okay. This -- this is my 12 request to transfer $125 out of Employee Training into 13 Books, Publications and Dues. I have a hand check that I 14 need today for -- payable to the Government Financial 15 Officers Association, and it's for a publication that's -- 16 that I need to start my -- my GASB 34 -- the work on trying 17 to bring that up to date. So, it's a publication that I 18 need for that purpose. 19 JUDGE HENNEKE: What's the amount? 20 MR. TOMLINSON: It's $125. 21 COMMISSIONER BALDWIN: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Baldwin, second by Commissioner Letz, that the Court approve 25 Budget Amendment Request Number 3 and authorize a hand check 12 1 in the amount of $125 payable to the Government Financial 2 Officers Association? 3 MR. TOMLINSON: Yes. 4 JUDGE HENNEKE: Any further questions or 5 comments? If not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Budget 10 Amendment Request Number 4 is for the County Treasurer. 11 MR. TOMLINSON: This is a request from -- 12 actually, from both the District Clerk and the Treasurer's 13 office. The Treasurer's office needed $688.13 for some 14 window envelopes. It's payable to Bear Graphics. She did 15 not have any -- any funds in her budget at all to transfer 16 from. She -- she talked to the District Clerk. The 17 District Clerk agreed to -- for her to transfer this $688.13 18 from -- from her Capital Outlay line item. 19 COMMISSIONER LETZ: What's it for? 20 MR. TOMLINSON: For some envelopes, some 21 window envelopes. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER BALDWIN: Second, with a 24 question. 25 JUDGE HENNEKE: Wait. 13 1 COMMISSIONER BALDWIN: Go ahead. 2 JUDGE HENNEKE: Motion by Commissioner Letz, 3 second by Commissioner Baldwin, that the Court approve 4 Budget Amendment Request Number 4 to transfer funds from the 5 District Clerk's Capital Outlay line item to the County 6 Treasurer's Office Supply line item. Commissioner Baldwin? 7 COMMISSIONER BALDWIN: The Capital Outlay 8 money in the District Clerk's Office, does she -- do we have 9 any idea what she's going to give up? 10 MR. TOMLINSON: Well, that -- we'll learn 11 about that in Item -- 12 COMMISSIONER BALDWIN: Oh, yeah. 13 MR. TOMLINSON: -- I think it's 2.3. 14 COMMISSIONER BALDWIN: Yeah. 15 MR. TOMLINSON: Okay. 16 COMMISSIONER BALDWIN: Okay, thank you. 17 JUDGE HENNEKE: Any further questions or 18 comments? If not, all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Budget 23 Amendment Request Number 5 is for the County Jail. 24 MR. TOMLINSON: This is a request from the 25 Sheriff's Office to transfer $1,154.28 out of Overtime in 14 1 the jail to Prisoner Medical. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE HENNEKE: Motion by Commissioner Letz, 5 second by Commissioner Baldwin, that the Court approve 6 Budget Amendment Request Number 5 to County Jail. Any 7 further questions or comments? If not, all in favor, raise 8 your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Do we have 13 any further late bills? 14 MR. TOMLINSON: Yes, I do. 15 JUDGE HENNEKE: All right. 16 MR. TOMLINSON: First one is to reimburse 17 Linda Uecker, the District Clerk, $281.43 for reimbursement 18 for a conference. 19 JUDGE HENNEKE: Any questions or comments? 20 COMMISSIONER BALDWIN: I move we pay the 21 bill. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Baldwin, second by Commissioner Williams, that the Court 25 authorize a hand check in the amount of $281.43 payable to 15 1 Linda Uekcer for conference expenses. Any further questions 2 or comments? If not, all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. 7 MR. TOMLINSON: Okay. The second one is to 8 VeriClaims, Inc. They're the people that handle our 9 indigent health care payments. The first one is for 10 $537.69, and it's for -- its 4 1/2 percent on the claims 11 that we paid on May 27. And the other -- the other one -- 12 the next one also is to the same company, and it's for 13 $645.25, and it's for 4 1/2 percent of the claims that we're 14 paying today. The -- the reason I'm asking for this is -- 15 today is that the business is underwater today. Her 16 business was flooded. She does -- people do have their 17 computer equipment out, but I feel like that -- that we can 18 do a hand check for them today to pay them. 19 COMMISSIONER BALDWIN: That's normal and 20 regular payment, though? I mean -- 21 MR. TOMLINSON: Yes. It's -- 22 COMMISSIONER BALDWIN: Okay. 23 MR. TOMLINSON: It's -- we would have brought 24 it before the Court next time. 25 COMMISSIONER BALDWIN: I move we pay the 16 1 bill. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Baldwin, second by Commissioner Letz, that the Court 5 authorize a hand check to VeriClaims, Inc., first in the 6 amount of $537.69, and second in the amount of $645.25, for 7 services rendered. Any further questions or comments? 8 COMMISSIONER BALDWIN: Are they in Houston or 9 Galveston? 10 MR. TOMLINSON: Houston. 11 JUDGE HENNEKE: All in favor, raise your 12 right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. 17 MR. TOMLINSON: The last one is a request 18 from -- from the 198th District Court, and it's payable -- 19 it's payable to Jody Pool, and it's for $729. It's for -- 20 for a witness fee, and it's for travel and daily expenses 21 for that witness. And, it's their travel, this witness', 22 out of Oklahoma. We have to have a check into the court 23 registry 30 -- or in the hands of this person 30 days before 24 the case, and it will be reimbursed at some point by the 25 State. 17 1 COMMISSIONER WILLIAMS: So moved. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Williams, second by Commissioner Letz, that the Court 5 authorize a hand check in the amount of $729 payable to Jody 6 Pool for witness fees. Any further questions or comments? 7 If not, all in favor, raise your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. Okay. At 12 this time, I'd entertain a motion to waive reading and 13 approve the minutes from the May 14 and May 29 meetings of 14 the Kerr County Commissioners Court. 15 COMMISSIONER LETZ: So moved. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE HENNEKE: Motion by Commissioner Letz, 18 second by Commissioner Baldwin, that the Court waive reading 19 and approve the minutes of the Monday, May 14, 2001, regular 20 session, and the Tuesday, May 29, Year 2001 special session 21 of the Kerr County Commissioners Court. Any further 22 questions or comments? If not, all in favor, raise your 23 right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 18 1 (No response.) 2 JUDGE HENNEKE: Motion carries. At this 3 time, I'd entertain a motion to approve and accept the 4 monthly reports as presented. 5 COMMISSIONER LETZ: So moved. 6 COMMISSIONER WILLIAMS: Second. 7 JUDGE HENNEKE: Motion by Commissioner Letz, 8 second by Commissioner Williams, that the Court approve and 9 accept the monthly reports as presented. Any further 10 questions or comments? If not, all in favor, raise your 11 right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE HENNEKE: All opposed, same sign. 14 (No response.) 15 JUDGE HENNEKE: Motion carries. Moving to 16 the consideration agenda, the first item for consideration 17 is consider and discuss the request for exemption from 18 subdivision platting. Mr. Jackson? 19 MR. JACKSON: I'm David Jackson, 820 Main. 20 I'm here to represent the party who is under contract to 21 acquire an 86.86-acre tract which also includes an easement. 22 It's on Highway 1340. I have had several discussions and 23 done my own research with respect to the legal issues 24 involved with this requested exemption, as well as the Kerr 25 County Regulations, of course. And, while no specific 19 1 action is required by the Court, we would like to have the 2 Court's confirmation of the exemption which was set forth in 3 my letter of May 25. 4 The essence of the issues are these: My 5 client has no present intention to subdivide the property, 6 but feels that in the future, if he does acquire the 7 property, he may well want to subdivide the property into 8 greater than 10-acre tracts. Second, we're talking about a 9 fairly small piece of property, and maybe only one or two 10 tracts. That's not the issue, but I give that to you as 11 a -- by way of background. Under the state law and then 12 your regulations, which I think are consistent, an exemption 13 does apply for any tract which is taken out of another tract 14 which is greater than 10 acres. It also, though, specifies 15 that you can't, quote, lay out a road. What's happening 16 here is there is an easement involved. A portion of this 17 road that runs through and to this property has been in 18 existence probably since the early '30's. I was able to run 19 down an easement document in 1939, and Charles Domingues was 20 able to find maps that show it in the '60's as physically 21 being there. 22 The key here is, greater than 10 acres. No 23 changes in that road. Any of these tracts, if they ever 24 exist and are sold off, will all have access to that 25 particular road that I showed on my letter of May 25. And, 20 1 there -- it's a private easement, so there's no maintenance 2 involved, no issue that you would ever have to take that 3 road over. I think those are the key elements of what I've 4 discussed and what I think is necessary. Again, to bring 5 you back to the focus point of the reason even to be here, 6 if it were very clear, I think I wouldn't be standing here. 7 The issue of laying out, I think, requires that there be 8 some change or installation of a road or some event that 9 makes it appear like a subdivision. What will happen here 10 is, if ever, a couple of tracts greater than 10 acres will 11 be sold off. 12 COMMISSIONER LETZ: Judge, if I may make a 13 couple comments, I visited with Larry on this and also 14 talked with David Jackson on this topic. The -- I think the 15 reason for the request also is there was a -- the Road and 16 Bridge Department, through Franklin, had a question whether 17 this was a -- you know, needed to be platted or not. I 18 looked at the situation. I've talked with Travis Lucas, and 19 Travis and I agree that -- it's probably more important that 20 Travis agrees than me, but the contention that this does 21 fall within this exemption. There -- the issue I think that 22 Road and Bridge had was that this is a private road and it 23 doesn't meet County standards, and both of those situations 24 are true. But, the state law doesn't require it to be a 25 county road; it says "a road." And, it doesn't require any 21 1 standard -- I mean, basically, we never get to the point 2 that it is a subdivision, so it doesn't -- none of the other 3 conditions of our Subdivision Rules apply. And -- but I 4 told David Jackson that first -- you know, the way to make 5 it clear for the future is to do what he's doing, is put it 6 on our agenda, and we can just, you know, concur that this 7 situation is exempt from subdivision platting in this 8 county. 9 JUDGE HENNEKE: Any other questions or 10 comments? 11 COMMISSIONER BALDWIN: Only comment I have, 12 if he were in here asking for -- doing a subdivision, I 13 might -- I might argue with the good Commissioner on the 14 other end of the table, but I don't see -- I don't see him 15 in here asking for anything. 16 COMMISSIONER LETZ: Well, but if -- it is 17 possible that it would -- I mean -- 18 COMMISSIONER BALDWIN: Well, when that 19 happens, then he needs to comply with the rules and 20 regulations. 21 COMMISSIONER LETZ: But he does. They're 22 complying. 23 COMMISSIONER BALDWIN: I don't necessarily 24 agree with that, but at that time I'll be happy to argue 25 with you. You don't get my blessing today, is what it is. 22 1 COMMISSIONER LETZ: Okay. Well, then I'll 2 make a motion that -- 3 COMMISSIONER BALDWIN: To do what? That's my 4 point. Make a motion to do what? 5 COMMISSIONER LETZ: Well, I'll make a motion 6 that, based on the fact situation presented by David Jackson 7 on behalf of his client, that this does not require platting 8 in Kerr County. 9 COMMISSIONER BALDWIN: Well, I mean, I 10 thought -- if he came in and asked to do a -- a subdivision 11 or a plat, I think that would be the appropriate time to 12 deal with that. This is -- he's not in here asking -- I 13 don't see any plat in here. 14 COMMISSIONER LETZ: Because we don't -- the 15 question is, we don't, I don't think, and our Subdivision 16 Rules don't require a plat. 17 COMMISSIONER WILLIAMS: I would second the 18 motion to exempt this from platting. 19 JUDGE HENNEKE: Motion by Commissioner Letz, 20 second by Commissioner Williams, to exempt the property and 21 the scenario presented by Mr. Jackson, David Jackson, from 22 platting. Typically, we don't do these kinds of things, 23 this kind of advisory -- typically we don't do it formally. 24 We do them as a matter of consensus. So, I myself am a 25 little bit reluctant to take formal action. Motion's been 23 1 made and seconded, so it's up to the Court to act as they 2 do, but typically we don't take formal action of an advisory 3 opinion-type situation. It's like a concept plan; we don't 4 approve a concept plan, we discuss it. 5 COMMISSIONER LETZ: I believe that's -- let 6 me ask David Jackson a question. Is it sufficient to have 7 it just as part of the court records of the discussions that 8 we had? It doesn't make any difference to me, but it is -- 9 I will say that the reason I would make the motion here is 10 because this is -- there has been a disagreement between the 11 Road and Bridge Department's interpretation and the County 12 Attorney's and my interpretation. 13 MR. JACKSON: And the reason we're here is 14 because of those discussions. But, also, my client will 15 probably not acquire the property unless we have an 16 understanding of what this exemption means. I fully 17 appreciate this is a little unusual, but the whole exemption 18 being fairly new is a little unusual. And, if I -- I would 19 respectfully ask for a decision. If I don't get that, I 20 certainly understand. I respect what you say, Judge, that 21 it's -- it's an awkward situation, but the law itself is a 22 little awkward. Your regulation follows what the law did. 23 They would have been much better to give us very clear 24 guidance as to what they were about. 25 JUDGE HENNEKE: That's expecting too much of 24 1 the Legislature. 2 MR. JACKSON: Perhaps. 3 JUDGE HENNEKE: If the Court votes and we're 4 headed down that direction, you need to understand, as I 5 know you do, that this is not carte blanche; that, in a 6 sense, your client has been put in a box, has drawn very 7 narrow lines. 8 MR. JACKSON: Right. 9 JUDGE HENNEKE: And the vote pertains to 10 what's inside those lines. 11 MR. JACKSON: Right. 12 JUDGE HENNEKE: If he moves outside the 13 lines, what happens here today has no relevance. 14 MR. JACKSON: And the box -- I couldn't agree 15 more, and it's a case-by-case basis. Commissioner Baldwin's 16 point is very well made, that in other situations where 17 there -- there are different situations that would require a 18 different presentation. That's the reason why I wrote the 19 letter. I think the box is my May 25th letter. I -- I've 20 told my client, you can't go outside that letter, 'cause 21 that -- that's the deal. That's what we've told the County. 22 If you want to do something different, we'll have to come 23 back. 24 JUDGE HENNEKE: Okay. Any further questions? 25 COMMISSIONER WILLIAMS: Well, yeah, I just 25 1 have one comment. The motion should include the reference 2 regarding the 86.86 acres and so forth, and Mr. Jackson's 3 letter of May 25. 4 MR. JACKSON: And my letter did attach that 5 legal, so that would be appropriate. 6 COMMISSIONER LETZ: I concur. I agree, 7 that's part of the motion. 8 JUDGE HENNEKE: Motion's been made and 9 seconded. Any further questions or comments? If not, all 10 in favor, raise your right hand. 11 (Commissioners Williams and Letz indicated by raised hand that they were in favor of the 12 motion.) 13 JUDGE HENNEKE: All opposed, same sign. 14 (Commissioner Baldwin indicated by raised hand that he was opposed to the motion.) 15 16 JUDGE HENNEKE: Motion passes 2-to-1. 17 MR. JACKSON: Thank you. 18 COMMISSIONER BALDWIN: David, I can't tell 19 where it is by looking at abstract numbers. Exactly where 20 is -- 21 MR. JACKSON: The property's now owned by Joe 22 L. Rogers, and it includes a tract that's right on 1340. 23 Then the easement comes down, then it goes down across 24 somebody else's property, crosses the river. It actually 25 used to go all the way down and was the way you got to Camp 26 1 Stuart back before the beginning of time. 2 COMMISSIONER BALDWIN: Yeah, that's true. 3 MR. JACKSON: Thanks again. 4 JUDGE HENNEKE: Thank you. Item Number 2, 5 consider the final revision of plat for Creekwood I-B in 6 Precinct 2. Commissioner Williams. 7 COMMISSIONER WILLIAMS: We reviewed this at 8 the last Court meeting. Franklin, is there anything new of 9 interest that we need to know about? 10 MR. JOHNSTON: Not to my knowledge. I think 11 everything's complete. The fact certificate's been filed. 12 COMMISSIONER WILLIAMS: You've conducted the 13 public hearing. Therefore, I would move the final revision 14 of plat for Creekwood I-B, Volume 6, Page 298, Precinct 2, 15 as presented. 16 COMMISSIONER BALDWIN: I'll second that. 17 JUDGE HENNEKE: Motion by Commissioner 18 Williams, second by Commissioner Baldwin, that the Court 19 approve the final revision of plat for Creekwood I-B, Volume 20 6, Page 298 in Precinct 2. Any further questions or 21 comments? If not, all in favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Next item is 27 1 Item Number 3, which is a request from the District Clerk, 2 Linda Uecker, through Tommy Tomlinson, regarding her Capital 3 Outlay budget. 4 MR. TOMLINSON: Okay. I think we're -- 5 2001/2002, the Clerk, in her budget request, intends to -- 6 to start imaging in her department. She -- for 2000/2001, 7 she had asked for a reader-printer. That's $9,000 that 8 she's not going to purchase. I think her letter to -- to 9 the Court really explains what -- what she wants to do, but 10 that's basically in a nutshell what her plans are, and she 11 wants to purchase a printer with part of that $9,000. 12 JUDGE HENNEKE: So, in essence, what she's 13 asking us to do is amend her Capital Outlay approved list to 14 delete the reader-printer and substitute an H.P. laser jet 15 printer, correct? 16 MR. TOMLINSON: Yeah. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER WILLIAMS: Second. 19 JUDGE HENNEKE: Moved by Commissioner Letz, 20 seconded by Commissioner Williams, that the Court approve 21 the request of the District Clerk to amend her Capital 22 Outlay list to include an H.P. laser jet printer and delete 23 the additional reader-printer. Any further questions or 24 comments? If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 28 1 JUDGE HENNEKE: All opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Next item 4 is, again, from the Auditor. Consider a resolution 5 accepting Juvenile Accountability Incentive Block Grant from 6 the Governor's Office, Criminal Justice Division, in the 7 amount of $13,969. 8 MR. TOMLINSON: Yes. I think we have a -- a 9 brief letter from me explaining what this grant's for. It's 10 basically for -- to offset the cost of the Detention Center 11 for -- for treatment of substance abuse, and that's -- it's 12 a grant that comes from the Governor's Office. And, we're 13 here today to get -- get approval -- the resolution approved 14 by the Court to accept that grant. 15 COMMISSIONER BALDWIN: I'll move the 16 approval, and I'm going to make a comment, Judge. 17 COMMISSIONER LETZ: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Baldwin, second by Commissioner Letz, that the Court approve 20 the resolution accepting Juvenile Accountability Incentive 21 Block Grant from the Governor's Office in the amount of 22 $13,969. You have a question, Commissioner Baldwin? 23 COMMISSIONER BALDWIN: I just wanted to make 24 a comment, that if you -- if any of you watched the -- 25 watched the news, there is a national debate raging whether 29 1 we should be treating substance abuse people or just simply 2 lock them up and leave them there. And, I -- I just wanted 3 to commend Kerr County's Juvenile Board. You're years 4 ahead, I think. I mean, you're actually doing what a lot of 5 states are trying to get to the point to do, and that's take 6 care of the problems that we have out there, and I just want 7 to say thank you for it. That's all. 8 JUDGE HENNEKE: On behalf of the Board, I 9 appreciate that. 10 COMMISSIONER LETZ: Judge, I have a -- just a 11 clerical item. I think Larry will probably prefer his name 12 be down there as Richard L. Griffin. 13 JUDGE HENNEKE: It has Richard L. Griffen. 14 MR. TOMLINSON: I'll have to redo it. 15 JUDGE HENNEKE: Any further questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Next item is 21 Item Number 6, consider and discuss minor modifications Kerr 22 County Subdivision Rules and Regulations and set a public 23 hearing on same. Commissioner Letz. 24 COMMISSIONER LETZ: This is a -- through an 25 oversight on my part when I put it on the agenda last time, 30 1 I failed to talk to Truby to see if she had any clerical 2 mistakes that I have not -- other people have not found yet, 3 and she had three. And, before we made corrections and sent 4 everything out, I thought it would be better to get them all 5 done at one time. These are the three pages behind the 6 cover sheet. Typo on 9.03; it says "10.01." It should say 7 "9.01" on Page 42. On Page 17, on 5.04.B, it should just 8 say "4 feet." The "0 to" should be crossed out. And then, 9 on Page 19, under 6.02.C, the numbers of the parentheses on 10 both counts are wrong. They don't follow the -- the 11 verbiage; they need to be corrected. So, the first one will 12 be "36 inches," the second one "48 inches," to match what's 13 written. I'll make a motion that we accept these changes, 14 and I do not believe we need a public hearing unless -- we 15 decided last time these are minor revisions. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE HENNEKE: Motion by Commissioner Letz, 18 second by Commissioner Baldwin, to approve the minor 19 clerical contributions to the existing Kerr County 20 Subdivision Rules and Regulations. And, they become 21 effective -- 22 COMMISSIONER LETZ: Immediately. 23 JUDGE HENNEKE: -- effective immediately. 24 Any further questions or comments? If not, all in favor, 25 raise your right hand. 31 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: All opposed, same sign. 3 Motion carries. Item Number 7, consider and discuss 4 ratification of Joint Proclamation with City of Kerrville 5 honoring Robert Woodward. This is a proclamation -- 6 Resolution of Commendation that we've already signed, but we 7 need to officially ratify it so that it can be presented at 8 the City Council meeting tomorrow. Do you have a question, 9 ma'am? 10 MS. ROONEY: Yeah. When are you going to set 11 the public hearing? 12 JUDGE HENNEKE: Public hearing is not 13 required. If you have a question, you need to raise it 14 during the agenda item, not afterwards. 15 MS. ROONEY: I'm sorry, but that's what it 16 said, and you didn't get to it, so that's why I'm asking. 17 COMMISSIONER LETZ: Let me make a comment on 18 that, Judge, if I may. Out of order, I know. I made the -- 19 in the motion, I think I said a public hearing will not be 20 required, because these are minor typographical errors. 21 MS. ROONEY: So, in other words, what you're 22 saying to me is -- is the rules and regulations have already 23 been approved and set, and I can get a copy of them 24 somewhere? 25 COMMISSIONER LETZ: Yes. 32 1 MS. ROONEY: Where can I go to get a copy? 2 COMMISSIONER LETZ: Road and Bridge 3 Department has copies. 4 MS. ROONEY: Okay. Thank you. 5 JUDGE HENNEKE: Turning back to the 6 proclamation -- 7 COMMISSIONER BALDWIN: Judge, I'd like to 8 make a motion that we approve the Resolution of 9 Commendation. 10 COMMISSIONER WILLIAMS: I'll second that. 11 JUDGE HENNEKE: Motion by Commissioner 12 Baldwin, second by Commissioner Williams, that the Court 13 approve and ratify the Joint Proclamation of Commendation. 14 Any further questions or comments? If not, all in favor, 15 raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion passes. Item Number 8 20 is consider and discuss approval of a grant application for 21 funds for the Sex Offender Management Planning Grant. You 22 have in your packet a description of the grant that's being 23 requested. This is an initiative by the Juvenile Detention 24 Center to address some of the most disturbing issues that we 25 face as the juvenile justice system here in Kerr County, 33 1 which is that of sex offenders. My commendation to Dwight 2 Sadler out at the Detention Center for taking initiative in 3 this and making the regional program involving Kerr County 4 Gillespie County, Kendall County, and Bandera County. There 5 is no match required for this grant. It is a planning 6 grant, something that we would like to move forward with. 7 COMMISSIONER LETZ: So moved. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE HENNEKE: Motion by Commissioner Letz, 10 second by Commissioner Williams, that the Court approve the 11 grant application for funds for Sex Offender Management 12 Planning Grant. 13 COMMISSIONER WILLIAMS: In the amount of 14 $50,000? 15 JUDGE HENNEKE: In the amount of whatever it 16 is. 17 COMMISSIONER WILLIAMS: $50,000. 18 JUDGE HENNEKE: $50,000. Any further 19 questions or comments? If not, all in favor, raise your 20 right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. And, if 25 there is nothing else, we are adjourned. We do have a 34 1 workshop at 2 o'clock. 2 COMMISSIONER BALDWIN: We adjourn or recess? 3 JUDGE HENNEKE: Well, I guess, the way it's 4 posted -- 5 MS. SOVIL: Adjourn. 6 JUDGE HENNEKE: -- we adjourn, because the 7 workshop is posted separately, so we'll reconvene again at 8 2 o'clock. 9 COMMISSIONER LETZ: This could be a record. 10 JUDGE HENNEKE: This could be a record. 11 (Commissioners Court concluded at 9:40 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 County Clerk of the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 11th day of June, 2001. 21 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter