Dateline: November 11, 2004

Panel to review disputed county road map

By Roger Estlack, Clarendon Enterprise

The Donley County Commissioners’ Court will appoint a five-person board to study a disputed road after a public hearing was held during their regular session Monday.

A protest regarding a proposed county road map was filed by attorneys representing Precinct 3 resident Terry Crofoot regarding an extension of what is currently labeled as County Road 18.

The protest says that the road, which crosses Crofoot’s property, has never been maintained with public funds and that the road is a private ranch road with no dedication by the owner that it can be used for public purposes.

An affidavit attached to the protest and signed by J.B. Lane notes that in the past the property owners “have allowed Jack Craft, a neighbor, limited access to the ranch road” but further notes that no easement has been granted to Craft.

County Judge Jack Hall said the road is the only access Craft has to the property which includes his residence.

The court will appoint a five-member Jury of View to study the problem and make a final decision. The jury, which must consist of citizens with no interest in the situation, will be appointed during the court’s next regular meeting on December 13, and their decision must be returned within 90 days from November 8.

County Attorney Pro Tem Kaye Messer said the jury’s decision will be binding on the Commissioners’ Court.

In other business, the court approved a resolution authorizing a “Helping America Vote Act” grant application to help offset the cost of new voting machines for all polling places in the county.

Judge Hall said a federal mandate is forcing Donley County to purchase the machines, which are primarily for the handicapped and could cost between $20,000 and $30,000 each. Ten such machines would be needed for the county.

“I can see having one machine that we use like early voting,” Hall said. “But you have 15 or 16 voters in the north part of the county (voting box 402), and we have to do this?”

Hall said the federal mandate was a knee jerk reaction by Congress following the 2000 election, and while it may make sense for places like Houston, it’s not good for small counties.

Ninety-five percent of the cost is supposed to be provided by the federal government, which hasn’t happened yet, Hall said. And the remaining five percent is supposed be funded by the state, where the Legislature hasn’t budgeted those funds either, Hall said.

The machines must be in place by 2006.

Commissioners also approved a quarterly payment to the Donley Appraisal District and authorized a contract with the district to collect county taxes for 2005.

Permission was granted to the Girl Scouts to decorate the Courthouse Square for the holidays.

The county policy manual was changed to allow employees over the age of 70 to opt out of having retirement deducted from their paychecks.

And the court approved replacing the air-conditioning and heating system for the Courthouse Annex at a cost of $18,591.