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The Comanche County Commissioners Court
met in regular session Monday, November 26, with all Commissioners --
Garry Steele, Bobby Schuman, Jimmy Dale Johnson and Kenneth Feist --
in attendance.
Also present were County Judge James
Arthur, County Court Coordinator Sherry Ward, County Clerk Ruby
Lesley, County Auditor Joey Boswell, Sheriff Jeff Lambert, County
Attorney Charles Williams, County Treasurer Billy Ruth Rust, Emergency
Services Coordinator Ray Helberg, and his assistant, Trish Grimshaw.
County Attorney Charles Williams
announced during the meeting that he would not seek re-election next
year.
“I’m not running for County Attorney
again,” Williams said. “I think there’s going to be at least one other
candidate. If there’s one candidate, I’m going to resign January 1, if
there’s more than one, I’ll resign after the election. I appreciate
working for the county. My other business is doing well, and taking my
time. This job is growing and I don’t think I can do both jobs...and
once you get to thinking about quitting, you need to quit -- and I’m
there.”
Judge Arthur noted, since it was not an
agenda item, that Williams’ remarks were just for the court’s benefit,
not anything official.
Prior to his announcement, Williams
participated in an agenda item described as ”Discuss CR 430 in
Precinct #4”. The road is near Promontory Park on the west side of
Proctor Lake, and has been discussed in previous Commissioner’s Court
meetings.
Sandy Tidwell Gilmore, one of the
adjacent landowners, was present for the October 22 Commissioner’s
meeting and at that time she noted that article 251.059 in the Texas
Transportation Code stipulates a roadway to be a county road if it has
been under 30 years or more of continuous public maintenance and use,
which CR 430 had. The situation was not resolved in October, and the
item was placed back on the agenda.
“We’re not asking you to pave it,”
Gilmore said Monday. “We’re just asking you to do what you’ve done for
30 years -- maintain it.”
After a lengthy discussion, involving
current problems and potential problems (including lawsuits) and
various solutions, County Attorney Williams informed Gilmore that she
could always “apply to the county to accept it as a (new) county
road.”
When Gilmore seemed agreeable to that
idea, Williams said, “The problem is, you’ve got to present a deed to
the road.”
There was then a lengthy discussion on
who would have the deed, with Gilmore wondering if maybe the Corps of
Engineers might have it.
“Nobody has the deed to the road,”
Williams said. “When people started doing those roads nobody had a
deed for them.”
There was then a discussion of the
landowners adjacent to the road and their property deeds.
“If you follow the proper procedures,”
Williams said, “do the posting, get everybody to sign-up, and then the
people who own the road give a deed to Comanche County, then they (the
Commissioners) can accept it, or not accept it.” After more
discussion, Williams noted again, “If you petition requesting it, and
present a deed to the Commissioners Court, they can pass it, or not
pass it, depending on how they feel that day,” which prompted laughter
from all involved.
“That would be the simplest, least
expensive way to go,” Commissioner Garry Steele said.
After still more discussion, regarding
surveys and deeds, Williams summed it all up, “The road the county
maintains, needs to be on property the county owns.” Gilmore indicated
she would begin work on the new process, and would be back in court
when she got it all together.
In other business, Commissioners:
• Approved the minutes of the November 13
regular meeting, the special called meeting of November 16 (canvassing
of votes), and an emergency meeting, also on November 16, to approve
purchase of equipment.
• Heard a complaint on excessive noise
within the Gustine city limits (a live band, and neglected exotic
birds) after which several commissioners noted that they did not
believe the county had any authority over a City of Gustine problem.
Although the Sheriff’s Department has
responded to the complaints (with a decibel meter to ensure the band’s
compliance with state noise laws), according to Gustine residents,
band members listen to police scanners and quieten down before the
sheriff or deputies get there.
Judge Arthur advised the residents to
report the bird neglect to the Audubon Society, and the Sheriff said
he would “continue to monitor the situation.”
• Held a public hearing regarding “Taxing
Goods in Transit” for 2008.
• Adopted a resolution approving Ad
Valorem Taxation of Goods in Transit.
• Acknowledged the Comanche County Public
Library Annual Report.
• Approved changing the second meeting in
December from Monday, December 24, to Wednesday, December 26, due to
the Christmas holidays.
• Accepted the resignation of Rabies
Control Officer Bobby Daniels.
• Agreed, despite the recent rains, to
leave the restricted burn ban in place at the recommendation of
Emergency Services Coordinator Ray Helberg, and agreed to wait until
December to make a decision on whether to ban “aerial fireworks” for
the upcoming holidays.
• Tabled any action on a discussion of
credit cards for county precincts pending further research.
• Heard a report from Sheriff Jeff
Lambert in which he reported that he was getting an estimate on
enlarging the grease trap at the jail, that the current one was having
to be pumped out too often and had even overflowed. Sheriff Lambert
also reported a missed opportunity for receiving grant funding for the
environmental officer. He noted that he wasn’t sure if he received the
necessary paperwork (some other counties did not), but that it could
also have been overlooked while he was working at the jail when they
“were so shorthanded.” Commissioner Garry Steele said he knew the
Sheriff has had his “hands full for the last three months” between
dispatch and the jail.
• Heard an update on the FEMA projects
and accounts, in which Trish Grimshaw noted that all the money except
for $479,386.52 cents had been received. There was then discussion on
exactly how long the county had to utilize the funds, with Grimshaw
suggesting that Commissioners “get some of the little ones (projects)
done, because you can’t file extensions on everything.”
• Approved budget amendments.
• Approved payment of accounts due and
owing.
• Approved payment of salaries and
related benefits coming due prior to the December 10, 2007 meeting. |
