By Jerry Morgan, Reporter

COMANCHE -- Voting on the board members of the Comanche Central Appraisal District, banning the sale of aerial fireworks for the Christmas and New Year holiday season, accounting for FEMA and Certificate of Obligation revenues and approving a draft Floodplain Permitting process were some of the more notable matters that were considered and acted upon in Commissioners Court on Monday.

Judge James Arthur presided at the December 10 regular meeting with Commissioners Garry Steele, Kenneth Feist, Bobby Schuman and Jimmy Dale Johnson attending. Other county officials present and participating included County Clerk Ruby Lesley, County Auditor Joey Boswell, County Sheriff Jeff Lambert, County Treasurer Billy Ruth Rust, Chief Deputy Chris Pounds and County Emergency Services Coordinator Ray Helberg and his assistant Trish Grimshaw.

Casting Votes for Appraisal District Board

Judge Arthur circulated a list of ten individuals who had been nominated for the Board of Directors of the Comanche Central Appraisal District. Ruby Lesley stated that Royce Lesley, who was on the list of nominees and is currently serving, did not wish to have his name considered.

There was discussion regarding whether or how the county should split its votes in order to assure the election of preferred candidates. The names of Sam Sparger and Gary Davis were initially mentioned. The matter was tabled while the needed information on the total number of votes to be cast by all of the member entities was researched.

It was eventually determined that the county has 1,590 votes to cast out of a total of 5,000. Votes are apportioned among the county's various taxing districts pro rata to the total amount of taxes assessed and collected. Besides Sparger and Davis, individuals nominated included Gaylon Atkins, Dennis Cox, Jerry Cupps, Billy Ray Evans, Jerome Hall, Rachel Hilliard, and Mark Simmons.

After further discussion Bobby Schuman, seconded by Kenneth Feist, moved that 800 votes be cast for Sam Sparger, 395 for Billy Ray Evans and 395 for Garry Davis. The vote of approval was unanimous.

Acknowledging Order Appointing Plumlee

Garry Steele made a motion acknowledging an order from District Judge James Morgan appointing former Justice of the Peace Rex Plumlee as a Community Supervision Officer for the 220th District Court Community Supervision & Corrections Department. Bobby Schuman seconded and the vote of approval was unanimous.

County Holidays for 2008

Judge Arthur distributed a list of 13 days proposed as paid holidays for county employees, the same list of occasions as in 2007. After brief discussion Kenneth Feist made a motion to approve the list, Jimmy Dale Johnson seconded and the vote of approval was unanimous.

County paid holidays include New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, and two days each for Thanksgiving and Christmas.

Garry Steele then made a motion to pay county employees a $100 net cash bonus for the month of December. Jimmy Dale Johnson seconded and the vote of approval was unanimous.

County Health Authority Appointments

Jimmy Dales Johnson made a motion to reappoint Drs. Byrd and Livingston to jointly serve as the County Health Authority for 2008. Garry Steele seconded and the vote of approval was unanimous.
It was noted that Dr. Byrd took care of matters in the central and southern portions of the county and Dr. Livingston handled the northern end of the county. It was stated that neither physician receives any salary other than reimbursement for required training for fulfilling the functions of the office.

Discretionary Exemptions for Competitive Bid Requirements

Joey Boswell noted that there are exceptions in the law that normally requires public bidding procedures be followed on expenditures in excess of $25,000. He cited Local Government Code Section 262.024 as providing one exception when there had been damage incurred to public property, and then related it to recent flood damage to county roads.

There were questions and answers relating to additional exemptions and how they relate to the county's current situation. It was noted that most items needed for the flood recovery, other than perhaps materials, had already been purchased or contracted for by public bidding.

Bobby Schuman then made a motion to exempt from public bidding procedures all materials purchased for the flood recovery work. Jimmy Dale Johnson seconded and the motion was unanimously approved.

Holiday Pay Policy

There was a lengthy discussion over county employee pay for work on holidays and for overtime. Matters such as FEMA cleanup project deadlines, election related overtime and the unique aspects of labor law for law enforcement workers were brought up for consideration, as well as reminders of problems the county had incurred with wage and hour auditors in the past.

In the end, it was decided to leave pay policies unchanged, and remain, what was believed to be at least, in compliance with applicable federal pay laws.

Transmission Repair for Tanker Firetruck

Garry Steele discussed the need for a transmission repair on the county's fire tanker truck, which currently can only be driven at 5 mph. The truck, which was recently acquired through the Forest Service, is based at the Promontory Park VFD facility, near the center of the county.

Steele estimated the repair cost will likely be well in excess of the $500 provision for repairs currently budgeted. He added that we are now getting into the wintertime fire season when a tanker is needed and that something needs to be done to repair the truck.

Bobby Schuman volunteered to help locate a place to get the transmission repaired. No formal action was taken.

Burn Ban & Aerial Fireworks

Ray Helberg distributed two maps, one showing drought severity and the second showing Texas counties with burn bans. Comanche County currently is a moderate-to-low drought severity rating and has a restricted burn ban in place.

In response to questions, Helberg stated that if things get much more dry he will be recommending a total outdoor burn ban because of the heavy presence of winter-dead foliage resulting from wet conditions earlier in the year.

It was noted that the time to act on banning aerial fireworks was now because the law required such a ban to be enacted prior to December 15.

Bobby Schuman made the motion, seconded by Garry Steele, to leave the restricted burn ban in effect and to ban aerial fireworks. The vote of approval was unanimous.

Credit Cards for County Officials

Joey Boswell discussed the process of applying for credit cards for each of the four precincts, and asked what credit limits should be requested for the cards.

Bobby Schuman made a motion authorizing Boswell to apply for four credit cards, numbered one through four for each precinct, through the Comanche National Bank, with a $4000 credit limit on each. Jimmy Dale Johnson seconded Schuman's motion and the vote of approval was unanimous.

FEMA Projects Funding & Accounting Update

Trish Grimshaw gave the Commissioners an update on the status of FEMA paperwork and flooding disaster recovery project funding.

Bobby Schuman asked Joey Boswell questions about the accounting for the FEMA and Certificates of Obligation funds.

Boswell tried to explain it all to Schuman's satisfaction. He reviewed the unique fund accounting requirements for the proceeds of the two sources of funding being used for flood disaster recovery work. Billy Ruth Rust joined in fielding the continuing series of questions regarding the handling of the receipts and expenditures of the two funding sources.

The discussion then drifted into when and under what circumstances should "minus" signs appear on the various lines and items on the financial reports and whether they indicated revenues or expenditures and positive or negative balances.

Jimmy Dale Johnson mentioned various meanings of the term "credit" and expressed his lack of appreciation for how the "d_____d bookkeepers" utilized the word. He added his belief that the accounting matters should be "a whole lot simpler."

There was also discussion regarding problems encountered during the most recent round of bidding for county depository services and the resulting disappointing interest rates being earned on the funds on deposit.

Floodplain Permitting Process

Trish Grimshaw reviewed some of the changes in the most recent draft of the Floodplain Developement Permit Application. She noted some items that had been included at the suggestion of the state floodplain administrator, and the additional suggestion that the permit package should be reviewed by the County Attorney or some legal counsel.

There was discussion whether County Attorney Charles Williams would be willing to undertake a review of the permit documentation and, if he would, as to when it should be expected to be returned with his recommendations.

Grimshaw noted that Williams' earlier stated reluctance to review the documents was not absolute, but rather a desire to review a completed and proposed set of documents, rather than a series of works in progress. She offered her opinion that the permitting process could be ready to implement by the end of January.

Garry Steele said he believed the permitting process was much more lenient than it started out as. Jimmy Dale Johnson said he hated to do it, but that the county did not have any choice.

As drafted, a floodplain permit application will be required for virtually all structural development including all new structures or substantial improvements, relocation or replacements of both residential and non-residential structures. Other developmental activity including fill, grading, any watercourse alteration or unspecified other also will require a permit application. The application fee is $10, and if the affected property lies within a flood zone, an additional $50 site inspection fee and certificate of compliance is required.

Garry Steele made a motion to refer the permit application documents to the County Attorney for review and comments and request that they be returned by the first of Feburary. After further discussion Bobby Schuman seconded Steele's motion. The vote of approval was unanimous.

Resolution for Joint Primary Election

Ruby Lesley described the resolution as a routine item required because the county does not have sufficient voting equipment nor polling locations to conduct entirely separate party primary elections on March 4. The resolution is necessary for joint elections.

Garry Steele asked for explanation on how the same equipment can be used in both elections. After Lesley explained it all to his satisfaction, he offered a motion to approve the resolution. Kenneth Feist seconded and the vote of approval was unanimous.

During the discussion, Jimmy Dale Johnson stated more than once his opinion that the Republicans hadn't brought any money to the table when they joined the party primary process and then stated his preference not to be even voting in the same room with them.

Treasurer's Monthly Financial Report

With laughter and mirth, Bobby Schuman offered a motion, and Jimmy Dale Johnson quickly seconded, Billy Ruth Rust's Treasurers Report before she even had a chance to present it.

Rust noted that new law required monthly, rather than quarterly, County Treasurer's reports and then dispensed copies of the same. The report showed Comanche County with $5.386 million in combined investments and cash funds at the end of November.

There was further discussion of the county's financial activity, non-cash expenditures and what the "minus" signs represented.

There was also discussion about the number of "100 Year" floods that had occurred in the last 20 years.
Garry Steele commented that as bad as the recent flooding was, that the county precincts, roads and bridges were likely to end up in better shape than when they started as the result of federal flood disaster assistance.

The vote of approval for the Treasurer's report was unanimous.

Sheriff and Jail Operations

Jeff Lambert opened his report with the good news that one of the two lawsuits that had been filed against his office had been dismissed.

Lambert noted that his office had donated two junk vehicles to the Comanche High School for their auto mechanic vocational education class. He noted that he tried to give one of the vehicles to DeLeon High School but that they did not offer such a course of study.

Lambert distributed a statistical summary for his office's activity during the recently completed fiscal year. The report showed 373 arrests, 482 civil processes served, 2,089 calls for service and dispatch, 643 reports filed and an estimated 34,000 phone calls answered.

The report also noted that patrol expense incurred of $485,000 was $91,000 under the budget. The jail's expense of $1,212,000 was $84,000 under budget. Jail revenues came within $8,000 of completely offsetting jail expenditures. A total of 21,656 in prisoner transport miles was logged.

Kenneth Feist asked if the listed jail expenditures included payments on jail bonds and was told that they did not.

Budget Amendments and Payables

The Commissioners passed on officers reports, and then acting on unanimous votes, approved both regular and emergency budget amendments, approved the payment of $407,174.77 in accounts due and owing, and approved the payment of salaries and related benefits coming due prior to the next regular meeting set for December 26.