By Jerry Morgan, Reporter

COMANCHE -- The Commissioners Court agreed to allow county residents to once again resume outdoor burning, although under certain restrictions. The Commissioners also refused a request from Hamilton County Judge Cox to restrict the recreational use of the Leon River waters below Proctor Lake.

The active members of the Comanche County Commissioners Court met in regular session on Monday, September 11, to conduct the first of two required budget hearings and to consider a lengthy agenda of matters. County Judge James Arthur presided and Commissioners Garry Steele, Chris Biggs and Bobby Schuman participated.

Budget Hearing

Following the approval of the minutes of the previous meeting with only minor revisions, Judge Arthur opened the budget hearing. Garry Steele asked County Auditor Joey Boswell to review the basics of the proposed increased property tax rate and budget.

Boswell noted that the proposed property tax rate for the county would increase from 57.38 cents per $100 of taxable valuation to 58.33 cents, an increase of 1.66%. The rate increase, when combined with the effect of increased property valuations in the county, is projected to provide a property tax revenue increase of 6%. Boswell noted that the county's total taxable property valuation had increased from $497 million to $527 million.

Garry Steele noted that the primary factor requiring the tax rate increase is rapidly increasing energy costs, especially motor vehicle fuel, which is heavily used in many aspects of road maintenance and law enforcement.

Boswell noted that Comanche County has traditionally been in the bottom third of all Texas counties in terms of its property tax rate. Steele noted that there were some counties with lower rates, but that they generally benefited from much higher total property valuations.

Bobby Schuman added that the increase in the property tax rate was well below the general rate of inflation and the growth in costs for county operations.

Judge Arthur stated his opinion regarding the county's budget when he added, "This is a very conservative court."

Burn Ban

As the Commissioner began consideration of the total outdoor burn ban, Garry Steele circulated a certificate of appreciation and a letter of thanks received from the Texas Forest Service for help received from Comanche County while fighting the large fires in the Texas panhandle region during March. The current year's fire season was described in the letter as being the worst in Texas in over 50 years.

Steele then began discussion of the burn ban by noting that the area had received some nice rains, with perhaps more in the forecast. He stated, "It's my personal opinion at this time that we should lift the total (outdoor) burn ban and re-impose the restricted burn ban that requires call-ins on fires. I think our fields have greened up somewhat. I feel like we need to let some of the people burn that do need to burn, as long as they will call in on the restricted burn."

Central dispatch supervisor Jennifer Kluge spoke in agreement, commenting that "They're burning anyway." Steele responded, "I'd rather know who and where," regarding the call-in requirements of the restricted burn ban.

County Emergency Management Coordinator Ray Helberg stated that Comanche County was now in the low-to-moderate wildfire risk according to the Texas Forest Service.

Steele said that if the fire department and emergency management representatives in the audience had no objection, he would offer a motion to lift the total burn ban and return to a restricted burn ban.

The firemen commented that we were currently in pretty good shape. Helberg noted that people burning trash outdoors need to use approved containers, and added that cattle panels were not adequate for containing an outdoor trash fire and preventing its spread.

Steele added to his motion a request that everyone burning outdoors exercise extreme caution.

Bobby Schuman seconded Steele's motion and the vote to approve was unanimous. In a separate action, the Commissioners also voted unanimously to give the County Judge the authority to lift a total burn ban to a restricted burn for 72 hours following a rain, based upon the advice of emergency management.

Leon River Designation

Judge Arthur explained that Hamilton County Judge Fred Cox had sent a draft resolution to the Comanche County Commissioners Court with the request that they join Hamilton and possibly other counties in approving it and sending it on to the Texas Commission on Environmental Quality (TCEQ) in request that Leon River Segment 1221 have its use designation changed from contact recreational (swimming) to a secondary use (fishing and wading) when establishing the TMDL (total daily maximum load of bacterial contamination), the standard that will be used to manage the cleanup of the impaired section of the Leon River.

Comanche County Extension Agent Bob Whitney was invited to advise the Commissioners regarding the proposed resolution, since he has been active in monitoring and participating in the Leon River TMDL effort.

Whitney described the effort as a simple-sounding request, one stating that if the Leon cannot meet the contact recreation standards, that it should be redesignated to a lower grade use standard that would presumably have a lower water quality standard that could be met without difficulty. Whitney cautioned, however, "It sounds simple, but it could put you on a track for the Leon River that could be detrimental in the long run... I'm sure the Chamber of Commerce wouldn't want to go around promoting that we have a river that you can't get into. Certainly it would require to keep people out of the river." He also noted that it would entail law enforcement difficulties.

Whitney noted that the water standards adopted for Texas are the most strict in the nation, and that the standards were voluntarily adopted by the state and not required by federal law. He noted that there were meetings and processes currently underway to get the TCEQ to either relax its standards to the federal level or to designate a mid-point allowed use level such as wading, something that currently does not exist. He noted that the TCEQ's only current standards are full contact and non-contact. He added that the only body of water currently designated as non-contact is the Houston Ship Channel. The secondary use (wading) standard contemplated in the draft resolution currently does not exist. Whitney estimated it would take as long as three years before any change in the TCEQ's current standards could be hoped for.

Whitney stated his opinion, gained from consultations with experts in the matter, that the best strategy would be to push for the TCEQ to follow the less stringent federal standards that also have more variability in their use standards.

He added that the draft resolution prepared in Hamilton County was a bit misleading in that it was calling for application of a use standard that currently does not exist in Texas.

Garry Steele asked what use standard applied to fishing.

Whitney responded that "fishing" does not exist as a standard, that it would fall under the contact use standard. He added that the application of any other standard other than contact would eliminate fishing as well as swimming and other human contact uses. He continued stating his worry that the application of any other standard below contact would lead to severe problems with downstream interests.

Steele expressed his support for the effort to encourage the TCEQ to adopt the same rules and standards as used by the federal Environmental Protection Agency. He said, "You've got continuity that way."

When asked, "What does that do to our lake?" Whitney responded that Proctor Lake was not currently included in the TMDL effort. Whitney later noted that although Proctor Lake had easily passed the bacterial load standards, that it had come close to not meeting the dissolved oxygen standards.

Whitney offered to help in drafting an alternative resolution requesting a relaxation of state standards to the federal level.

Garry Steele offered a motion to pass on the proposed resolution at this time. Chris Biggs seconded and the vote in favor was unanimous.

Whitney was requested to draft a substitute resolution on the Leon River.

Commissioners Advised of Groundwater District Effort to Require Water Well Meters

Whitney then changed the subject matter with the following comments. "I know this is out of order, Judge. I was told not to tell you about this, but you're going to hear it. This underground water district meeting the other day was a fiasco. The chairman of that board wants to shut down all water well permits and not allow them until the standards are changed and they put meters on all the pumps. The chairman of the board when haywire, in my opinion. I will publicly say that. He's went a little crazy over what he proposes, and the board is trying to shut it down. But that's scary!"

Garry Steele said, "That's probably going to be as popular as fencing off the rivers."

Whitney agreed. "Be aware that that may be coming down the pike. That may be another resolution."

Other Business

In other business the Commissioners:

• Discussed the need to appoint another person to serve as the County Fire Marshall in light of Wayland Chupp's medical condition which has made him unable to continue fulfilling his duties. The matter was postponed until the following meeting. It was noted that the County Fire Marshall is required to be a certified peace officer.

• Discussed and approved several minor amendments in the proposed interlocal agreement between Comanche County and the Comanche County Consolidated Hospital District regarding the transfer of title and operational responsibility for the original portion of the old Comanche hospital building to the county. The agreement is expected to be presented for final approval to the Hospital District board at its next meeting.

• Discussed the transition of 9-1-1 addressing responsibilities to county personnel, namely County Emergency Services Coordinator Ray Helberg and Dispatch supervisor Jennifer Kluge.

• Discussed and voted approval of a draft agreement between the county and the Comanche Independent School District regarding a bond election to be held on November 7. The agreement calls for the CISD to pay $150 daily rental on all computerized voting machines, all expenses incurred and a 10% administrative fee based on all direct expenses and rentals. The Commissioners acted unanimously on a motion by Bobby Schuman, seconded by Garry Steele.

• Acknowledged an order from the District Court setting salary increases for juvenile probation officers. Joey Boswell pointed out that the salary increases were paid for with state funds and would not cost the county taxpayers anything.

• Approved a resolution of support and approval for the Comanche County Indigent Defense Grant Program, again which is at least partially state-funded.

• Approved an advanced funding agreement with the Texas Department of Transportation regarding the replacement of a bridge on CR 235 over Mercer Creek in Precinct 2.

• Approved the execution of a note of indebtedness to Comanche National Bank for the purchase of a 2001 Ford Pickup by the Sheriff's Department made in connection with the state grant program for an environmental deputy. The Commissioners also formally authorized Rhonda Alderman to serve as the environmental deputy.

• Heard a request from Sheriff Jeff Lambert and County Auditor Joey Boswell to investigate the cost of obtaining major medical insurance for county prisoners. Boswell's analysis was, "It's a ticking time bomb." Bobby Schuman's response regarding the request to obtain an insurance quote, "Let's do it." The Commissioners and Sheriff Lambert also discussed the prisoner housing outlook situation in the state and area.

• Concluded the budget hearing with a discussion of the proposed budget for the district attorney and Garry Steele's insistence that Ray Helberg develop a budget to be reviewed at next Monday's budget hearing for both the 9-1-1 addressing and the GPS addressing efforts to be undertaken in the new fiscal year.

 

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