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COMANCHE -- The controversy over whether
the extension of CR 430 is a county maintained road or not was
resurrected in Commissioners Court at their Monday, October 22
meeting. The restricted burn ban was reinstated beginning in November
and further study on the details of required development permits was
scheduled.
The Commissioners Court meeting was
conducted by Commissioner Garry Steele, acting as President Pro Tem.
County Judge Arthur was absent due to a medical appointment.
Commissioners Kenneth Feist, Bobby Schuman and Jimmy Dale Johnson were
present and participating.
Other county officials present at various
times included County Clerk Ruby Lesley, County Auditor Joey Boswell,
Sheriff Jeff Lambert, County Treasurer Billy Ruth Rust, Emergency
Services Coordinator Ray Helberg and his assistant, Trish Grimshaw.
Ruby Lesley read the minutes of the
previous regular meeting. They were unanimously approved without
amendment on a motion by Jimmy Dale Johnson, seconded by Kenneth Feist.
CR 430 Controversy
The first item of new business was a
presentation by Sandy Tidwell Gilmore regarding CR 430, near
Promontory Park on the west side of Proctor Lake.
Gilmore, the Tax Assessor in Hood County
(Granbury), distributed printed materials to the Commissioners. She
referred to article 251.059 in the Texas Transportation Code that
stipulates a roadway to be a county road if it has been under 30 years
or more of continuous public maintenance and use.
In addition to her own letter, Gilmore
also presented a copies of statements signed by Frank Jones, Paul
Lollar, Danny Davis and Jimmy Glasgow, that indicated that CR 430 has
been maintained by Comanche County for more than 30 years.
Richard Mohon was also present for the
presentation. Mohon had made a presentation to the Commissioners
several months earlier concerning the same roadway. A copy of the
statement he read to the Commissioners at that time was included in
the documents distributed.
Gilmore noted that county maintenance of
CR 430 had been discontinued at the time Commissioner Jimmy Dale
Johnson assumed office, and asked that the county resume maintenance
of the roadway. She noted that there are four houses on the roadway
and that the school bus has now stopped going down the road.
Gilmore added that she and her husband
plan to live on their property on the county-abandoned portion of the
road and that she is concerned that EMS vehicles will not be able to
traverse the roadway if the school buses cannot. She added that her
EMS address is listed as on CR 430. Other smaller acreages have been
sold down the road and there may be other homes built on it as well.
Gilmore noted that Hood County is
experiencing some of the same problems with whether roadways were
private or public.
"We're not asking you to pave it. We're
not asking you to put gravel on it. We're just asking you to grade it
and maintain it to where it is drivable," Gilmore stated.
Garry Steele responded that he understood
that the road had been continuously maintained, but that it generally
stopped at where county maintenance ends. He added that he believed
that several Commissioners had occasionally graded the disputed
portion of the road, however.
Steele stated, "I don't think this Court
should issue a ruling today."
Gilmore responded, "I agree with you on
that."
Jimmy Dale Johnson noted that there are
several who live in the houses along the disputed roadway area.
Steele said that the Court should
investigate the matter with governmental and legal counsel and give it
further consideration in a future meeting. He also expressed
frustration that no one attended or spoke up on the roadway during the
county road public hearing process.
Bobby Schuman asked if the county has to
go through all the effort to research the matter and couldn't just go
ahead and grade the road.
Garry Steele responded that the county
has just gotten over a lawsuit over trying to be “Mr. Goodguy,” and
added, "This has got to be legal. It's either legal, or it's not
legal."
County governments have strict limits on
what they are allowed to do on private property.
Steele then promised to consider the
matter on the second meeting in November, on November 26.
Authorization of Issuance of
Certificates of Obligation
County Auditor Joey Boswell was called
upon to present the next agenda item. Boswell stated that Comanche
National Bank wishes to purchase the $625,000 in certificates of
obligation, in effect a loan to the county, and that the Commissioners
need to make an official order for their issuance.
Boswell stated that the $25,000 addition
to the $600,000 net proceeds needed is a provision for legal fees in
connection with the issuance, and that to the extent the legal fees
are less, the county will receive additional funds.
Earlier plans called for each county
precinct to borrow $150,000 for the purchase of equipment needed in
the recovery from flood damages and in the maintenance of county
roads.
Bobby Schuman offered a motion to
authorize the issuance of the certificates of obligation for $625,000.
Kenneth Feist seconded and the vote of approval was unanimous.
Boswell said he expects the county to
receive the funds either late in the current week or in the following
week. He added that the funds will be placed into a new county fund
created for that purpose.
The FEMA disaster relief funding is for
75% of the total project cost, and the county will be covering its 25%
contribution by in-kind work, much of which will be performed by
equipment purchased by the certificates of obligation funding.
Approval of Homeland Security Grant
Ray Helberg advised the Commissioners
that the county has been approved for a federally-funded Homeland
Security grant for $68,236.56 to be used for emergency communications
equipment and systems.
In response to a question by Bobby
Schuman, Helberg stated that most of the grant will be dedicated to
improved radio equipment for the county's fire departments, and that
around $10,000 of the total is being spent for communications and
computer equipment in the emergency management mobile command center
trailer.
Helberg added that he hopes to use some
of the grant funds to purchase a truck that will be dedicated to
pulling the mobile emergency command center trailer, although he added
that approval for that expenditure has not yet been obtained.
After further discussion of the planned
expenditures and possible alternatives, Jimmy Dale Johnson offered a
motion to approve the grant, Bobby Schuman seconded, and the vote of
approval was unanimous.
Restricted Burn Ban
Ray Helberg was asked to remain standing
and discuss the reinstitution of the restricted burn ban.
Helberg stated that its getting cooler and there will soon be a frost,
that the grasses are getting taller and ripe, and that there has
already been quite a few fires during the high winds in the preceding
week.
"The point is, it's getting to where it
will burn, and with the winds, it will burn big time, and we've got a
lot of fuel," Helberg stated. "My recommendation is we go under a
restricted burn ban, even though it's wet right now."
Various commissioners expressed general
agreement with Helberg's assessment that wildfire favoring conditions
are nearing and that a restricted burn ban, where calling in for
advance permission is required, is a good idea.
Bobby Schuman offered a motion to restore
the restricted burn ban. After some discussion it was decided that
November 1 will be an appropriate time to start the burn ban. Kenneth
Feist seconded and the vote of approval was unanimous.
Garry Steele added, "We'd better buckle
up. We've got lots of grass out there, and it's going to really be bad
if it turns off dry."
Update on FEMA
Trish Grimshaw was called upon to give a
report on the status of the FEMA flood recovery efforts.
Grimshaw noted that no additional funds have been received since the
commissioners meeting two weeks earlier, but that 18 additional
project worksheets have been approved totaling $499,854.43.
Grimshaw added that the recent additions
brings the unofficial total of FEMA approved project worksheets to 168
and the work cost total to $4,318,303. The county will receive 75%, or
$3,238,727, and be obligated to perform in-kind work totaling
$1,079,576.
Grimshaw added that all on scene damage
assessment for county roads and bridges has now been completed. She
said that flood damage to private property so far assessed totaled
only around $57,000 six weeks earlier. She noted that October 29 is
the final date for individuals to file claims for flood damage relief.
Floodplain Development Permit
Application Form
Both Helberg and Grimshaw were called
upon regarding the county's efforts to comply with the federal flood
insurance program by requiring permits for and controlling development
within floodplains. They distributed a draft copy of a Comanche County
Floodplain Development Permit Application.
Trish Grimshaw explained that the
document reflects what was considered during the commissioners'
workshop on the previous Monday on the subject.
Garry Steele added that the permit
application draft is for discussion only and that no final decisions
will be taken at the current meeting.
Kenneth Feist commented that as many as
were coming into the county and building new houses, that this is
needed.
Steele agreed, but added that he wanted
to see it be the least invasive type permitting system that it can
possibly be.
Grimshaw talked the commissioners through
the permitting process. An application fee of $10 will be required for
all permits. If the property clearly is not within a flood zone area,
the permit will be issued and that will be the end of the permitting
process.
No work of any kind may start prior to
the permit being issued.
If the subject property lies within a
flood zone area, an additional $50 inspection fee will be required.
Not all properties and sites that are located in flood zone areas will
require anything beyond a site inspection.
If work is planned in an actual flood
zone, however, additional information will be required including a
site plan, scaled detailed development plans and more.
There are two types of development work
covered, structural and other. Structural development includes all new
construction work, as well as significant additions, relocations and
replacements of both residential, non-residential and combined use
structures.
Other development activities listed on
the permit application include clearing, filling, mining, drilling,
grading, excavation, watercourse alteration, drainage improvement and
perhaps other types of work as well.
Questions were posed regarding what types
of activity required permitting and what did not, primarily focusing
on the other development activities listed in the prior paragraph.
Responses provided revealed a lack of objective criteria as to exactly
what work required permits and what did not.
Garry Steele said he believed an
additional workshop is needed to focus on the other development
activities and further refine the permitting application and approval
process. He noted that the questioning and discussion that had already
occurred in the current meeting was just "burning up time" and not
accomplishing any final resolution. He re-emphasized that this is just
the first rough draft of the floodplain development permit.
Two other commissioners expressed their
agreement with Steele's assessment and the discussion proceeded to
setting a date. An afternoon workshop following the regular
commissioners meeting scheduled for November 13 was agreed upon.
A question was posed regarding whether a
public hearing will be held regarding the floodplain development
permitting process. No one knew for sure whether one was required,
however, several responses indicated that seeking public input might
be a positive action to take. It was noted that the question is a bit
premature and should be decided at a later date.
Sheriff & Jail Operations
Sheriff Jeff Lambert said that the state
jail inspector will be at the county jail on the following day, and
noted that Kenneth Feist would be there representing the Commissioners
Court.
Lambert stated that another air
conditioning problem had occurred in that the blowers housing had
rotted away and failed. He said that the parts were fairly hard to
obtain and uniquely configured, and added with a smile that they must
have built the air conditioning system first and then built the jail
around it.
Lambert said that the fire suppression
system upgrade installation in the kitchen had been completed.
He described getting quotes for a replacement jail cell camera system
and that the cost was more than the available funds. He noted that he
was still seeking estimates and that the project might be spread over
more than one year, and the added that it would not cost the county
anything, but be covered by the profits from the jail commissary.
Other jail related discussion involved
inmate pharmacy costs and inmate census levels. Lambert noted that
after the jail inspection was completed that he would be advertising
for additional out-of-county prisoners.
Other Business
In other business the Commissioners:
• Approved regular budget amendments.
There were no emergency budget amendments presented.
• Audited and approved payments of
accounts due and owing totaling $145,458.71.
• Approved payment of salaries and
related benefits coming due prior to the commissioners' next regular
meeting November 13. |
