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COMANCHE -- The Commissioners Court met
in regular session on Monday, August 27, to consider a lengthy agenda
that included a vote to set a proposed property tax rate for 2008, and
consideration of substandard bridge replacements, a subdivision
application, whether to require building permits and several other
items, both large and small.
Judge Arthur conducted the meeting and
all four Commissioners - Garry Steele, Kenneth Feist, Bobby Schuman
and Jimmy Dale Johnson - were present and participated.
Once again, County Court Coordinator
Sherry Ward assisted Judge Arthur, whose voice remained largely absent
due to illness.
Other county officials present and
participating at various times during the meeting included County
Auditor Joey Boswell, Sheriff Jeff Lambert, County Tax
Assessor/Collector Gay Green, County Treasurer Billy Ruth Rust, County
Attorney Charles Williams and Emergency Services Coordinator Ray
Helberg.
Comanche Public Library Matters
Following the approval of the minutes
with minor corrections, the first order of business was a presentation
by Margaret Waring regarding the Comanche Public Library.
Waring discussed the various sources of
funding for the library, including the County, the City of Comanche,
the foundation and friends of the library and grant funds. Waring
emphasized the benefits provided to the community and the local
schools, as well as the continuing costs of providing the service to
the public. She also stressed importance of qualifying for continuing
membership in the Big Country Library System and the benefits that
membership brings.
When Waring asked for questions from the
Commissioners, there were none.
Garry Steele commented that he
appreciated the good work that Waring and others at the library
performed and that the County was continuing in its financial support.
Waring expressed her appreciation for the County's financial support.
The Commissioners also acted in unanimous
vote to approve the appointment of Donna Chapman as the alternate lay
representative for the Comanche Public Library in the Big Country
Library System.
Sub-Standard Bridges & Replacement
Plans
Kathy Griffin, the Bridge and Safety
Coordinator from the Texas Department of Transportation in Brownwood,
and Larry Smith, the District Engineer with TxDOT in Eastland,
presented a listing of bridges that have had maximum load limits
changed. Most of the changes were reductions in limits.
Griffin said that the results she was
presenting were from routine inspections. She noted that the new sign
hardware for the affected bridges has been ordered and would be soon
available.
Bridges affected in the area include:
• CR 178 bridge over a Sabana River draw
having no weight limits currently posted to a limit of 15,000 lbs.
axle or tandem; • CR 435 bridge over the Sabana River reduced from
16,000 lbs. gross, 7,500 lbs axle or tandem to 14,000 lbs. gross,
7,500 axle or tandem;
• CR 4981 bridge over a Leon River draw
reduced from no weight limits currently posted to a 24,000 tandem
axle; and
• CR 454 bridge over the Leon River
reduced from 28,000 lbs. tandem axle to 24,000 lbs. tandem axle.
Griffin noted that after conferring with
Jimmy Dale Johnson that she had requested a reinspection of the CR 454
Leon River bridge after recent flood damage and agreed with his
recommendation that the bridge remain closed until another structural
analysis can be completed.
Johnson noted the difficulties he had
encountered in keeping signs up closing the bridge. Garry Steele
commented that signs and warning tape can be ignored, but that a load
of road material dumped in the middle of the road was hard to get
around and the most effective means of achieving a temporary or longer
closing.
Griffin agreed and noted that as long as
road closing signs are properly posted that the County has met its
public obligation and that if someone chose to ignore them and
encountered a problem, that they had just bought themselves a bridge.
Larry Smith discussed options for
expediting the repairs or replacement of the low-rated and flood
damaged bridges. He noted that the county would have to meet the 10%
matching funds requirements on the bridges added to the already
existing sub-standard bridge replacement program.
Joey Boswell asked if in-kind work would
still qualify for the 10% matching requirement and was informed that
it still would. Smith added that work on the creek channels would
qualify for the matching requirements, unlike in earlier times when
only work directly related to bridge construction could be counted.
Griffin stated that debris accumulation
is one of the most harmful things that can affect bridges because of
how it magnifies the swirling, erosive effects of the floodwaters.
Jimmy Dale Johnson expressed his
appreciation for TxDOT's assistance on repairing and replacing the
bridges.
Smith and the Commissioners discussed
various county bridges that needed to be expedited on the replacement
schedule. The CR 454 bridge was one that Johnson described as needing
to be replaced "yesterday".
Oak Hills Estates Subdivision Plat
Brown County Surveyor Don King next spoke
with the Commissioners regarding a proposed subdivision plat for Oak
Hills Estates, nine miles west of Comanche on Highway 36. King
distributed aerial photos and plat maps of the proposed subdivision.
Garry Steele noted that he had discussed
the matter with the County Attorney and had been informed that the
Commissioners Court had no jurisdiction in the matter since all of the
subdivision's lots were larger than ten acres and that no land was
being deeded over for maintenance.
King was asked to review the
subdivision's deed restrictions and responded regarding limitations on
the number and type of residential structures allowed and the
limitations on livestock.
Sherry Ward noted that Comanche County
required that septic permits were required for all systems, regardless
of whether or not they were larger than ten acres.
Charles Williams spoke noting that he did
not believe the County had any appropriate involvement in the filing
of the property plat, adding that it did not meet the County's
definition of a subdivision.
King responded that Texas Veterans Land
Board requirements for platted subdivisions will possibly be a problem
if the County does not formally accept the subdivision.
Garry Steele suggested language that
would satisfy the developers need for recognition as a subdivision,
and satisfy the County Attorney. He offered a motion stating that the
subdivision was acknowledged as such for recording purposes, however,
that the County's subdivision ordinances did not apply to it. The
County Judge was also authorized to sign the plat for filing purposes.
Kenneth Feist seconded the motion and the
vote of approval was unanimous.
Independent Auditor Selected
Joey Boswell discussed considerations on
retaining the same accounting firm, Rutledge Crain & Company, to
perform the annual independent audit of the County's financial records
for an estimated fee of $14,180.
Bobby Schuman said, "Whatever you want to
do, whatever suits you."
Boswell responded that he thought the
firm had done a good job for the County for a number of years.
Schuman made a motion to affirm Boswell's recommendation, Jimmy Dale
Johnson seconded, and the vote of approval was unanimous.
Proposed Property Tax Rate Increase
Joey Boswell discussed notices to be
published in local area newspapers which show the proposed combined
County property tax revenue percentage increase of 8.96% to be
apparently more than the 8% rollback provision.
Gay Green commented that there would not
be a problem with the rollback provisions.
The proposed property tax rate increase
is 1.98 cents per $100 taxable valuation, raising the total tax rate
from 58.33 cents in 2007 to 60.31 cents in 2008.
Garry Steele asked Green how much the
proposed tax rate increase would affect a $100,000 home. Green
calculated that after taking the $3,000 homestead exemption into
account, that the 1.98 cent proposed tax rate increase would cost the
homeowner an additional $19.21 per year.
Steele commented, "That's not very much
is it?"
The increased cost of the proposed tax
rate increase per $100,000 of taxable valuation is $19.80, and for the
average valued home in the county of $60,695 it will be an increase of
$11.46.
Boswell and Green explained that the
8.96% revenue increase included in the tax rate public hearing notice
was affected by additional tax levies in support of increased debt,
which was not included in rate increases subject to the 8% tax
rollback election provisions.
Bobby Schuman made a motion to approve
the proposed property tax rate increase. Jimmy Dale Johnson seconded,
and the vote of approval, Judge Arthur included, was unanimous.
Tax Rate Increase Public Hearings
Garry Steele made a motion to hold two
required public hearings regarding the proposed tax rate increase to
be held on Thursday, September 6, at 8:30 a.m., and on Monday,
September 10, at 9:00 a.m.
Bobby Schuman seconded Steele's motion and the vote of approval was
unanimous.
Discussed Advertising for Bids for
Precinct Equipment
The Commissioners discussed the need to
advertise for bids for road materials hauling trucks that are to be
purchased as a part of the planned issuance of $600,000 in
certificates of obligation shared equally by the four county
precincts.
Jimmy Dale Johnson made a motion to
advertise for bids, Kenneth Feist seconded and the vote of approval
was unanimous.
Floodplain Requirements and Required
Building Permits
Trish Grimshaw, assistant to Emergency
Services Coordinator Ray Helberg, addressed the Commissioners, holding
copies of two county ordinances in either hand. One was a floodplain
ordinance adopted in 1990. The other was a proposed updated ordinance.
The problem with the 1990 ordinance,
Grimshaw explained, was that it referred to a non-existent floodplain
map. Apparently it had been anticipated at that time that a floodplain
map of Comanche County would be prepared, yet according to Grimshaw,
that has never occurred.
The proposed revision eliminated
references to the non-existent floodplain map and adopted a 3:1 rule
that estimated a floodplain to include three creekbed widths on either
side of the creek.
Bobby Schuman made a motion to adopt the
ordinance in Grimshaw's left hand, the proposed revision.
Grimshaw continued her explanation noting that the ordinance would
require everyone in unincorporated areas of the county building or
remodeling homes to get a construction permit, and that a part of the
permit would be proving that the residence was not in the floodplain.
In response to questioning, she added
that there would have to be fees for the permit to cover the cost of
hiring an engineer to certify that the new or remodeled residence
would not be in a floodplain, even if the construction location was
clearly out of a potential flood area.
Grimshaw said the construction permit
requirements were necessary for the county to qualify for FEMA funds
to help cover the costs of recovery from flood damage.
After getting clarification from Grimshaw
a second time that everyone in the county would be required to pay for
a construction permit to verify that they were not building in a flood
plain, Garry Steele commented, "As slow as they are to do that, we
will be ten years behind in building!"
Grimshaw continued stating that federal
requirements mandated the building permits.
Ray Helberg noted that many lending
institutions now require flood insurance. "If we don't do what we are
talking about here, and they (FEMA) do away with flood insurance in
Comanche County, the banks start foreclosure on all the notes."
He later added, "We don't like this
either."
Jimmy Dale Johnson offered a second to
Bobby Schuman's motion to adopt the proposed ordinance and asked if
there was any further discussion.
Garry Steele answered, "Yeah, I'm not
through yet." He then asked for clarification on the penalties the
county would suffer if the ordinance was not adopted.
Trish Grimshaw responded that the county
was subject to being found to be in non-compliance with FEMA's
building permit requirements and it could lose various disaster
recovery funds, as well as participation in the federal flood
insurance program.
Steele responded that he could live with
building permits more than the requirement that an engineer or
surveyor come out to each and every construction or remodeling site to
verify whether or not it is in a flood plain. He later stated, "I
don't like the way this is going. This is getting back to the property
owners again. I have a problem with that."
Judge Arthur said in a hoarse whisper,
"Gary, don't do this. Let's postpone it until we research it, cause
there's something rotten in Denmark."
Grimshaw noted that adopting the revised
ordinance did not automatically initiate building permits, and that
the Commissioners would have to take further steps to start that
process.
Joey Boswell added his voice to those
suggesting that tabling and further research was needed before taking
immediate action.
Garry Steele said he wanted to do some
reading on the matter and that he also wanted the County Attorney to
research it as well.
After further discussion, Garry Steele
offered a motion to table the matter for further research and later
consideration. Bobby Schuman withdrew his motion and seconded Steele's
motion and the vote to table was unanimous.
The proposed ordinance was scheduled for
reconsideration at the September 10 regular Commissioners meeting.
Other Business
In other business, the Commissioners:
• Acknowledged orders from the District
Judge re-appointing Don McDonald as Court Reporter for the 220th
Judicial District Court, and establishing the budget for the Office of
County Auditor.
• Discussed hiring a part time Courthouse
and Annex maintenance employee and carpeting the hallway at the Annex
building.
A loose floor tile was believed to have
caused an elderly visitor to the drivers license office to trip and
fall. Joey Boswell suggested that the County Judge check into the cost
of carpeting the hallway in question and if it was not over $2,000
that he proceed with the carpeting. Various Commissioners voiced their
agreement with the suggestion.
No formal action was taken.
• Heard a brief report from County
Attorney Charles Williams regarding the legal status of certain county
roads.
• Heard a brief report from Sheriff Jeff
Lambert regarding the receipt of the initial billing for healthcare
services provided to county jail inmates. The discounted bill for the
first five months of the new billing arrangements totaled $8,859.
Lambert said his office was carefully reviewing the detail behind the
billing.
Lambert noted that he was still short-handed in the jail and that
overtime pay costs were being incurred. He noted that they were taking
steps to reduce overtime pay expense.
• Approved officers reports, routine
budget amendments and emergency budget amendments.
• Approved accounts due and owing and
payment thereof in the total of $74,286.
• Approved payment of salaries and
related benefits coming due prior to the Commissioners next regularly
scheduled meeting on September 10.
• Held an afternoon budget workshop. |
