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COMANCHE -- The Commissioners Court met
in regular session on Monday, April 23, to consider a lengthy agenda.
Judge James Arthur presided and
Commissioners Kenneth Feist, Bobby Schuman and Jimmy Dale Johnson
attended and participated. Commissioner Garry Steele was unable to
attend due to illness.
A relatively large crowd filled the
County Courtroom, many of whom were interested in the controversy over
whether Petit Road, near the Energy community, should be considered a
county or private road. For some this was the third Commissioners
meeting in a row they had attended.
The draft minutes of the previous meeting
were read by County Clerk Ruby Lesley and were approved on a unanimous
vote.
DPS Rader Lease Renewed
The first item of new business involved a
request by DPS Trooper Vernon Gaines regarding a three year radar
lease agreement that was nearing expiration. Trooper Gaines said that
at the end of the lease, the county would have to either purchase the
old unit or else enter into a lease of a new unit. He recommended that
the agreement be renewed with an updated radar unit. The monthly lease
cost was $96 for 36 months.
Bobby Schuman inquired if only one radar
unit was involved and what about the other radars used in other
trooper patrol vehicles. Trooper Gaines stated that only one unit was
involved on the subject lease and that the other radars were state
provided.
Schuman then made a motion to approve
Trooper Gaines' request as recommended, Jimmy Dale Johnson seconded
and the vote of approval was unanimous.
Dogs Terrorizing Proctor Lake Area
Citizens
The next agenda item concerned a dog
problem in a neighborhood near Lake Proctor. Two men and a woman spoke
describing a recent incident where a roving band of five dogs, at
least two of which were pit bulldogs, threatened or made attacks on at
least three individuals. They said that residents were now afraid to
be outside or take walks, that children couldn't ride bicycles in the
street, that the owners of the dogs were not cooperative in addressing
the situation and then asked what could be done.
Judge Arthur responded that the county
has a paid animal control officer that can be called in such
instances. Bobby Schuman said that 9-1-1 or Central Dispatch could be
called.
Sheriff Jeff Lambert noted that the
county does not have any ordinance that requires dogs to be either
penned or on leash and that perhaps that should be corrected.
The Commissioners agreed that something
needed to be done regarding the situation. Jimmy Dale Johnson said,
"We don't want to wait until it is too late, and then do something."
Judge Arthur added his opinion, "All pit
bulls should be penned at all times." He later added, "Pit bulldogs
are good for two things. That's guarding marijuana plants and
fighting."
It was noted that Deputy Rhonda Alderman
had responded to a citizen's call during the above incident. Sheriff
Lambert stated, "If the dogs are just running loose, there's nothing
we can do. This sounds like a situation that we can do something on.
In the meantime, if the Court approves, we need some kind of
resolution. It's getting to be a bigger and bigger problem everywhere
with dogs just running loose."
Judge Arthur asked if County Attorney Charles Williams would work with
the Commissioners and Sheriff Lambert in drafting something to address
the problem. The Commissioners agreed that they were interested in
seeing a draft ordinance. Judge Arthur assured the individuals who
presented the matter that they had been heard and that the
Commissioners would work on the problem.
Richard Mohon Discussing CR 430
The next agenda item was described as a
request by Richard Mohon to discuss a tin horn in CR 430 in Precinct
4.
When given an opportunity to speak, Mohon
noted that he was going to ask a few questions and read a statement
and would then leave the courtroom, expecting to receive a written
response to his questions.
Mohon said, "I have a problem. What is a
Commissioner's job? Is it to try to keep everyone happy? I talked to
Clyde (former Commissioner Brinson) about two years ago and showed him
the problem."
Mohon described a problem of two tin
horns preventing adequate drainage on what he said was CR 430, which
he added had been county maintained for about 20 years and served four
houses. He noted the houses had 9-1-1 addresses and that school buses
had been run on the road.
Mohon continued, "It has come to my
attention that this may be a private road. I don't know if Clyde knew
if this was a private road or not, or was he being a good Commissioner
and trying to keep everyone happy. If the new Commissioner (Jimmy Dale
Johnson) would have told me to go look at the public records, there
would have been no issue on this problem. This road does not affect me
at all, only the water standing on my pecan trees. There are four
houses down this road that need for this to be a county road in case
they ever have any problem in the future. The horn has never been an
issue of money for me. I thought I was doing the correct thing by
talking to the new Commissioner. I thought this was a county road. If
this county decides to make this a county road, then isn't there
enough time to put a new horn in?"
Mohon then posed a series of questions,
again stating that he did not want an immediate, verbal answer, but
rather a later, written response. He asked, "Do you have to live in
the county to get problems solved when you own land in the county?
Next. If you are leasing land, do you have the right to talk to the
Commissioner about road problems?"
Mohon then added that he had learned that
a citizen should go check on a problem before they went and talked
with anybody about it. He added, "I have learned what Wild Bill
Hickcock did not learn." With that he left the room as Judge Arthur
thanked him and followed him out of the courtroom.
Several who had been present regarding
the roaming dogs problem also left at that time.
Pettit Road Controversy
When Judge Arthur returned the next
agenda item concerned the ongoing dispute concerning Pettit Road and
whether it is county-maintained or a wholly private road. County
Attorney Charles Williams was asked to address the Commissioners.
Williams spoke at considerable length
restating the history of and issues surrounding the controversy. He
noted the Pettit Road controversy is similar to problems created all
across the state by the after effects of a recent law, HB 1117, which
mandated all Texas counties to declare those roads they considered as
publicly-maintained roads. He noted that the law did not cover all
issues related to the public road declaration process and that many
problems have resulted.
In the Pettit Road case, the road in
question was included in the official map book of county roads but not
included in the list of roads included in the public notices.
Williams again advised the Commissioners
that he believes the county needs to take an official position in the
case of conflicts between the noticing and mapping, declaring which is
viewed as superseding the other. Regardless of the county's position,
he noted, the final decision on Pettit and other disputed roads will
be made in District Court, and not by the Commissioners.
Commissioner Schuman related the results
of an inquiry that Garry Steele had made to the attorney who had
advised the county during the HB 1117 process.
According to Schuman, Austin attorney Jim
Bass of Allison, Bass & Associates had said that the Commissioners
Court could not decide road disputes since it had finished its work in
the public road declaration process. Schuman said Bass advised that in
the case of discrepancies between the notices and the map, that the
notices should have priority.
Williams stated that he agreed with Bass'
assessment that the notice was primary, and that the Court should make
such a declaration so that the parties involved will know how to
proceed.
Schuman objected to Williams' advice,
however, stating that it would be inappropriate for the Commissioners
Court to take any further formal action on the matter, again citing
his take on Bass' advice.
A lengthy discussion, taking up the
better part of an hour, followed. In some cases questions or comments
were raised by audience members who were involved in the dispute.
Kenneth Feist restated his position that
the official county map book should be the primary document to be
relied upon in the case of discrepancies, adding that it would be very
difficult or impossible for him or his workers to research the notices
listing in the instance of every road question that might arise.
Judge Arthur seemed to want to avoid any
action by the Commissioners Court. He said that when asked whether a
particular road was a county road or not, the reply should simply be,
Its a road in the county.
Jimmy Dale Johnson asked many questions,
but didn't seem as certain as at the prior meeting about the map book
being considered primary. He expressed his desire to have the law firm
that was responsible for the conflict between the notices and the map
book to be present to explain their mistakes, or at least have their
legal advice on how to deal with such conflicts expressed in writing.
Charles Williams kept pressing the
Commissioners to take an official position on the conflict and Bobby
Schuman kept insisting that no action at all was the only correct
action.
Judge Arthur was eventually directed to
request a written opinion from attorney Jim Bass. The matter was again
tabled by unanimous vote on a Jimmy Dale Johnson motion pending
receipt of written advice from Allison, Bass & Associates. There was
also a desire expressed to give Garry Steele an opportunity to
participate in the next round of consideration.
At this point several in the audience
interested in the Pettit Road controversy left the courtroom.
Veterans Service Officer Position
When the matter of filling the vacant
County Veterans Service Officer position came up for discussion,
everyone on the Commissioners Court noted that they had heard support
for the office from area veterans.
After a relatively brief discussion,
Bobby Schuman first stated his position and then offered a motion to
the effect that the position be filled on a three-days-a-week
schedule, Tuesday through Thursday, with Judge Arthur being authorized
for hiring and firing decisions regarding the position. It was noted
that the position would be considered as a part time position with
limited benefits provided.
Jimmy Dale Johnson seconded the motion
and the vote of approval was unanimous. Judge Arthur broke with his
usual non-voting practice and added his vote in favor.
County Fire Marshall Resigns
Garry Steele had requested an agenda
topic titled, "Consider elimination of Office of Fire Marshall and ask
for return of inventory and equipment."
Bobby Schuman asked Chris Hill, currently
appointed as County Fire Marshall, yet suspended in the position
pending completion of necessary hiring and other paperwork, for his
comments on the situation.
Hill responded, "I'll save you a lot of
discussion. It'll probably be easier if I just resign. I've got two
full time jobs now and I think it requires more time than I can put
in."
Hill is currently employed as a paid
fireman in Brownwood and as a police officer in the City of Comanche
and described his work schedule as being 90 hours a week.
The Commissioners asked about what county
equipment Hill possessed and discussed arrangements for its return to
the county.
At the conclusion of that discussion
Jimmy Dale Johnson made a motion to accept Hill's resignation. Kenneth
Feist seconded and the vote of acceptance was unanimous.
Other Business
In other business the Commissioners:
Discussed the janitorial and
maintenance at the County Annex building. Currently Ray Helberg has
been performing much of the work, however, he stated that he needed
some relief in those duties.
Judge Arthur volunteered to discuss the
situation with the adult probation department, and ask for the use of
a community service worker for janitorial work there. Bobby Schuman
said he agreed with the idea and encouraged Judge Arthur to proceed.
Discussed and agreed to renew the
county's membership in the Texas Building and Procurement Commission
of Texas and the Federal Surplus Property Program at an annual cost of
$100.
Discussed the second Commissioners
Court meeting date in May since the regular Monday meeting date fell
on a holiday. Bobby Schuman made a motion to meet on the following
Tuesday, May 29, and the vote of approval was unanimous.
Unanimously voted a formal approval of
the agreement between the county and the Comanche County Consolidated
Hospital District regarding medical care of local jail inmates that
had been informally approved in a non-agenda vote at an earlier
Commissioners meeting.
Heard a report from Sheriff Jeff
Lambert regarding a federal lawsuit filed by a jail against Comanche
County regarding the alleged denial of proper medical care.
Lambert stated his opinion that the
lawsuit was of a frivolous nature, but would have to be responded to.
He added, "We've got documentation...but the facts remain, it'll cost
the taxpayers money. I'll keep you all updated on it."
Approved the County Treasurer's
quarterly report as presented by Billy Ruth Rust. She noted that the
bulk of the property tax revenues had been received during the
preceding quarter resulting in approximately $3.5 million in
certificates of deposit earning interest. (A copy of the report is
printed elsewhere in this newspaper.) Bobby Schuman offered a motion
to approve the report which was approved on a unanimous vote.
Approved officers reports, budget
amendments, accounts due and owing of $111,723.22 and the payment of
salaries and related benefits coming due before the next scheduled
meeting. |
