By Jerry Morgan, Reporter

COMANCHE -- Comanche County once again has four Commissioners serving on the County Court as Jimmy Dale Johnson of DeLeon was appointed and sworn-in on Monday, November 27, to serve in the Precinct 4 post.

The Precinct 4 Commissioner position had been vacant since the passing of Clyde Brinson in May. Johnson was the winner in the November 7 general election for a four year term to begin in January.

In the first item of business at the Monday morning meeting, Judge James Arthur exercised his authority to fill the vacant post by appointing Johnson to begin his public service a little more than one month earlier than he would have otherwise.

NEW COMMISSIONER APPOINTED EARLY. County Judge James Arthur, shown with back to the camera, made the decision to appoint Jimmy Dale Johnson, shown with hand raised, to serve the remaining five weeks of the term of his predecessor, based on Johnsonıs victory in the November 7 election. People witnessing the event included, from the left, Jason Johnson, Sherry Ward, Jimmie Dee Johnson, Judge James Morgan, Sue Brown and Kenneth Feist.

The appointment and swearing-in process consisted of the reading and recitation of two lengthy sworn statements and the written attestation thereof. At the completion of the swearing-in, Johnson was greeted by applause from those present at the meeting and responded with the statement, "I'm looking forward to working with you all." He then shook hands with the three serving Commissioners - Bobby Schuman, Garry Steele and Chris Biggs - and sat in the Precinct 4 chair at the Commissioners table.

The next item of business involved insuring a fire truck. Promontory Park volunteer fireman and County Emergency Services Coordinator Ray Helberg noted that the Promontory Park VFD had received a $65,000 emergency grant from the Texas Forest Service to replace the brush fire truck that had been burned up while fire fighting near Carbon in early January. Helberg stated that the truck body had already been purchased and that the bed was under construction in Arkansas.

Helberg noted that the state agency's procedures required that the vehicle be purchased first and then the request for reimbursement could be filed. "We can do that," he noted. The same procedure would be followed for purchase and subsequent reimbursement for the truck bed and, again, that would not be a problem since the department had raised some funds for the effort and would be reimbursed. The problem, however, was the Forest Service's requirement that full liability and casualty insurance be carried on the fire truck.

Helberg described how he had obtained various quotes on the required insurance and that the best quote he had been able to obtain for physical damage insurance was $3,100 per year. He added that liability insurance was available through the Texas Forest Service for only $150 per year, but that the department could not afford the high cost of the physical damage coverage.

Sherry Ward, the County Judge's secretary, said she had checked with the Texas Association of Counties (TAC) and was told that the cost for both liability and physical damage coverage should be no more than $1,200 per year if the new truck was added on the County's policy. She added that the cost for the balance of the fiscal year would only be $408, since there would be no addition for liability coverage.

Garry Steele asked if there were other fire trucks from volunteer fire departments on the County's policy and Ward responded that there was at least one from the Energy VFD.

Bobby Schuman reminded them that it was a state requirement that the fire truck be fully insured. Chris Biggs indicated that he didn't think the County had any choice in the matter.

Garry Steele suggested that the best solution would be for the Promontory Park VFD to obtain liability coverage through the Texas Forest Service and that the County would provide physical damage coverage under its policy with TAC. Sherry Ward noted that both physical damage and liability coverage could be obtained for the $408 premium for the nine month balance of the fiscal year.

Steele then revised his motion to have the County provide complete insurance protection for the balance of the fiscal year. Chris Biggs seconded the motion and the vote of approval was 4-0.

The next order of business concerned another fire truck, in this case a tanker truck that had also been obtained through the Texas Forest Service to serve all of Comanche County. It is planned to be based in Comanche, due to its central location, facilities, qualified drivers and need for a reliable tanker.

County Emergency Services Coordinator Helberg noted that the tanker truck needed a dump valve to be installed in the rear of the tank, and that it needed new hose reels and a manifold built to allow hookups to other fire trucks. He noted that the cost of the dump valve alone was around $550. He requested the County authorize $750 to be spent to put the truck in serviceable condition.

Garry Steele noted that the tanker is not usable at present, since its previous dump valve had apparently been removed prior to its delivery to Comanche County. His Precinct 1 workers had been fabricating a plate of approximate 10 inch by 12 inch dimensions with a four inch drain to cover the opening that was left, but that when he was told that a dump valve was needed, he had ceased work on the plate.

Helberg added that it would take "forever" to dump 5,000 gallons of water through a four inch drain.

In response to questions from Bobby Schuman and Judge Arthur, Garry Steele said that the dumping of water would be into a nurse tank where other fire trucks could be refilled while the tanker truck was making another run for more water.

Judge Arthur reiterated that the truck would serve the entire County as needed. Garry Steele added that the truck was needed in service because weather conditions were dry and the frosts were killing vegetation. Ray Helberg added his opinion that a request for a total burn ban could not be far away if significant rain was not received soon.

Bobby Schuman stated, "If we've got to do it, I make a motion that we do it." Chris Biggs quickly added his second and the vote to approve was unanimous.

The Commissioners then acted in rapid order to separately approve bonds for Commissioner Bobby Schuman, County Treasurer Billy Ruth Rust, District Clerk Brenda Dickey, Secretary to County Judge Sherry Ward, County Attorney Charles Williams, County Clerk Ruby Lesley and County Judge James Arthur.

The Commissioners next considered a proposed list of 2007 County holidays as prepared by Judge Arthur, who noted that the list was basically a restatement of the 2006 list with dates revised as necessary and was provided only as a guide. After the list was passed around and discussed, Bobby Schuman asked where was Martin Luther King's birthday. Billy Ruth Rust noted that the federal holiday, which falls on January 15 this year, had been provided as a holiday one recent year. She later added that it had been a problem in Erath County when they had not included it. Both Garry Steele and Judge Arthur commented that since it was a federal holiday that it should be included in the County's list of holidays offered.

Judge Arthur read the 13 holidays on the list and began with New Years Day on January 1, and then in turn, Martin Luther King's birthday on January 15, Presidents Day on February 19, Good Friday on April 6, Memorial Day on May 28, Independence Day on July 4, Labor Day on September 3, Columbus Day on October 8, Veterans Day on November 12, Thanksgiving on November 22 & 23, Christmas on December 24 & 25. At the conclusion of his reading, Garry Steele made a motion to approve the list of holidays as presented, Jimmy Dale Johnson seconded and the vote of approval was unanimous.

Sheriff Jeff Lambert advised the Commissioners that the County Jail had passed its inspection, although the inspector noted that there were some improvements which needed to be completed before the following year's inspection. He added that some of the improvements would likely be fairly expensive, particularly those to certain locks in the original section of the jail. Other needed corrections were to the automatic closers on certain doors and the replacement of certain plumbing fixtures that had been repaired through the years with corrections-grade fixtures.

Bobby Schuman, who had represented the Commissioners Court during the jail inspection, said that the inspector had been highly complimentary of the County Jail, the Sheriff, and all of the personnel working there and how well it was run. He added regarding the inspector, "He's never had any major problems here. He's been here several times."

Sheriff Lambert noted that he was not having any particular problems with the jail other than having to make arrangements for a temporary replacement of the jail nurse, who will be unable to work for a couple of months due to pregnancy. Lambert said he had located some temporary nursing help, but was still hoping to find additional help.

In response to a question, Lambert noted that the prisoner count was holding pretty steady at near the maximum levels. A short discussion of the inmate housing situation followed which included references to growing federal demand for housing illegal immigrants on a short term basis.

Lambert invited the new Commissioner and to Kenneth Feist, who will begin serving as Commissioner of Precinct 2 in January, to come out and visit the County Jail and see how it all works. Following a comment by Bobby Schuman to Jimmy Dale Johnson regarding the sound of the doors locking and closing you in, Lambert grinned and added, "Commissioner Schuman is somewhat claustrophobic. He wanted out."

Lambert said that he had been notified of a possible lawsuit from a former prisoner back in 2002 and added that it had all been turned over to the legal counsel at TAC. He added, "I'm not even sure if there's going to be a lawsuit or not... I'll keep the court updated when I find out more."

Garry Steele inquired if it was a federal lawsuit and was told that it was and that the prisoner had a history of such actions. Steele noted that federal courts were fairly strict in what type legal actions they would allow to proceed.

In other actions, the Commissioners acted unanimously on Sheriff Lambert's recommendation and approved the deputation of former Deputy Sheriff Mitchell Best as a Reserve Deputy Sheriff. They also unanimously approved a request by United Cooperative Electric to lay an electrical service line under CR 440 in Precinct 3.

 

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