By 3-2 vote, county agrees to fund animal shelter project
By SHARON KERR Staff Writer

The Jasper County Commissioners' Court approved two decisions that will affect growth and development in Jasper County; one is a step towards construction of an animal shelter, and the other updated county rules and regulations for subdivisions to meet state codes.

At the Dec. 10 regularly scheduled meeting, Jasper County Judge Mark Allen broke a tie vote to approve the interlocal agreement with the city of Jasper to build an animal shelter, modified by a cap of $17,500 per year.

Joe Lanier of the Jasper Lakes Area Humane Society appeared before the court to answer questions about the proposed shelter. The city of Jasper submitted a one-page interlocal agreement for the county to pay half the cost of maintaining a shelter, once it is constructed on property donated by the city.

Lanier told the county that JLAHS has set aside about $4,000 for construction, and has another dedicated shelter fund donation for $40,000.

"This agreement doesn't have numbers on it," Precinct 3 Commissioner Willie Stark said. "It's an open ended agreement... we're obligated to pay half but it doesn't say what half is."

Lanier said the city manager told him that would be about $38,000 per year. Lanier said that he expects the city of Kirbyville, Buna, and the Rayburn Country Association would want to contribute and would reduce the county's half accordingly.

Precinct 2 Commissioner Roy Parker said he has spoken with Angelina and Polk County judges, who said they are spending $100,000 to $200,000 for their shelter programs. Parker pointed out that the county, in trying to keep to the lower effective tax rate, had removed this line item from the sheriff's budget, but the city went with a higher tax rate and therefore had more money to budget for a shelter.

Precinct 4 Commissioner Vance Moss said it was unlikely people from the south part of the county would benefit from or use an animal shelter in Jasper.

Stark moved to accept the interlocal agreement with the modification that the county's maximum contribution be capped at $17,500 per year upon completion of the shelter.

In a roll call vote, Precinct 1 Commissioner Charles Shofner and Stark voted "aye," Parker and Moss voted "nay," and Allen broke the tie with an "aye."

The interlocal agreement is still subject to review by District Attorney Steve Hollis, and commissioners informed Lanier that they would like a budget meeting with Jasper City Manager Alan Grindstaff to discuss more details.

Subdivisions

Jim Allison of TAC (Texas Association of Counties) presented the court with an updated set of rules and regulations for subdivisions that will bring Jasper into compliance with legislative changes.

Allison told the court that the last time Jasper had a comprehensive change was 1988, with only minor changes in construction standards since then.

Some changes are a matter of replacing terms, such as using re-plat to replace re-subdivide.

Allison explained that anytime someone in Texas subdivides a plot of land into parts where any part is less than 10 acres, that becomes a subdivision regardless of the purpose of the division (there are exceptions for consanguinity- blood relations- who want to divide property amongst the family).

Parker asked how such a rule was enforced, and Allison replied that there are civil and criminal penalties for selling off land without registering it as a subdivision with the county clerk.

Parker followed up by asking, "But how can you monitor that?"

Allison replied it is not as easy to monitor in the county as the city, where you have automatic controls because of utility and sewer hookups.

"It's more difficult in the county, but asking for electric hookup or filing with the county for a septic tank permit (might be a way) to catch it, but enforcement continues to be a problem."

Allison said the rules were enacted to prevent some of the abuses in the 60's and 70's, and that there has been a resurgence of "buy a piece of Texas" ads on the internet recently.

Allison recommended that the county continue to use "review by professional engineer" as the standard, and "document it well" if the county elects to exempt a subdivision from that requirement or any other variances.

"Be very careful you apply that consistently. Document it in open court," Allison recommended.

One of the big changes is that cities, rather than counties, should review subdivision plans in their ex-territorial jurisdiction, according to Allison. (ETJ, depending on population, ranges from half mile to five miles from the current city limits) The recommendation comes because it is expected that the subdivision will be annexed and become the city's responsibility.

The developer of a subdivision is required to state how they will handle utility and sewage, and how access is to be provided. The county does not regulate wells, and septic tanks fall under TCEQ, Texas Commission on Environmental Quality.

Once a subdivision plat is filed with the county, the county has 60 days to approve it, turn it down, or return it as incomplete. If the county does not act, it is automatically approved.

Allison told the court the county is not obligated to accept any subdivision streets, and can, in fact, chose to accept them on a street by street basis using "sufficient public interest" as the determining factor.

The new rules are designed to protect potential buyers and the public's interest, according to Allison. Although it will add to the initial cost of setting up a subdivision, the rules help ensure that counties do not become liable for orphan subdivisions and the people who live in them.

The court adopted the new regulations; a copy is availalbe in the county's judge's and district clerk's office. Violation of the subdivision rules is a class B misdemeanor and can result in six months jail and/or a fine to the seller, and the county can get an injunction to stop further sales and recover court costs for the proceedings.

Other business

County grant writer David Waxman reported that the county must move forward on the environmental study for the $2.56 million grant recently approved by ORCA, and that the county may, in fact, get additional funding up to the $5 million the county applied for.

Allen appointed Waxman, Shofner and Stark to study and make a recommendation on bids submitted by three companies for critical infrastructure projects (debris removal and bridges), which must be completed within 24 months according to the terms of the grant.

On the continuing problems with the radio towers and emergency communication for the sheriff's deputies, the court approved Nalcom Wireless Communications to reprogram radios and ad equipment at a cost of less than $25,000.

That was approved in conjunction with a lease on the Bergman tower for $1,500 per year for 10 years. County radio officer Robert McWhorter endorsed the proposals as the best solution.

"We just want to be sure our deputies have safe lines of communications daytime, nightime, rain, sleet or snow," Allen said.