Commissioners plan changes to variety of ordinances

2010-03-12 / Front Page

By DAVID LOWE
Staff Writer

The Lampasas County Commissioners Court will meet in a workshop session open to the public to consider revisions to county regulations about animal control, junkyards and subdivisions.

Although County Attorney Larry Allison prepared a draft of a rabies and animal control ordinance, Precinct 1 Commissioner Robert Vincent said several items in the proposed ordinance still concern him.

“I’m afraid with the way some of the wording in here is it leaves the county open to a lawsuit,” Vincent said during a commissioners’ meeting Monday.

The ordinance needs to clarify who declares an animal “dangerous” or “mischievous,” Vincent said. In addition, conflicts between provisions for detaining and euthanizing animals need to be resolved, the commissioner said.

Vincent also hopes to change a provision of the county’s current ordinance that he said authorizes certain county officials to enter a person’s property without permission and kill a dangerous animal.

The definition of a “dangerous animal” also is too broad, Vincent said, as that label applies to an animal that kills “any domesticated animal or fowl.” The commissioner believes that standard could lead to relatively harmless pets being deemed “dangerous.”

“I have basset hounds that catch doves,” Vincent said. “I guess that’s a `dangerous’ animal. [The ordinance] doesn’t [refer to killing] `domesticated fowl.’ It just says fowl.”

Dave Somers, who lives just east of Lampasas, asked commissioners to create stricter enforcement procedures, as he said a Labrador that injured his daughter’s dog was released from animal control. The girl’s dog later died as a result of the injuries.

“Now I’m left with a dog that’s dead, no justice for my kids that lost their family pet, and what am I to do?” Somers said.

Before tabling discussion and calling for a workshop at a time to be determined later, the Commissioners Court agreed to a set of revised Lampasas Animal Shelter fees suggested by city officials. The main changes include reducing dog adoption fees and selling horses at the market rate through auctions at the shelter, rather than charging a $100 fee.

Dog adoption fees — $25 for animals younger than one year and $20 for dogs older than one year — pay for the shelter’s cost of giving vaccinations, including for parvo, said Lampasas City Manager Michael Stoldt, who asked commissioners to agree to the same rates the Lampasas City Council recently approved. Lampasas Animal Shelter personnel are not licensed to administer rabies vaccinations, said Kasey Dressel, shelter supervisor.

County and city officials may discuss creating a spaying and neutering voucher system to reimburse people who adopt animals. Spaying or neutering is required for adopted pets.

In other business, commissioners discussed possibly changing an ordinance that relates to junkyards and automotive wrecking/salvage yards. Along with strengthening enforcement mechanisms in the ordinance, adopted in 1991, the Commissioners Court needs to write more detailed definitions of “repair shops” and “wrecked vehicles,” County Judge Wayne Boultinghouse said.

Lea Kenyon, who lives on County Road 3210, told commissioners that a salvage yard and recycling area owned by Charles Drayton does not comply fully with Texas Commission on Environmental Quality regulations.

Drayton said a constable, along with TCEQ and Lampasas County Sheriff’s Office officials, have inspected his property and found it to be in compliance.

Drayton asked for notification from the county if his operations do not meet county rules. He and his wife, Carolyn, also urged the court not to create an overly punitive junkyard/salvage yard ordinance.

“If I’m wrong, I’m fine with that,” Drayton said. “Give me an opportunity to fix it. Just don’t slap me with a $500 fine right away. That’s not fair to me.”

Drayton’s property is one of many that commissioners are considering as they try to rewrite the county ordinance, Boultinghouse said.

In a related matter, County Auditor Jack Clark said he hopes the county can hire a full-time code enforcement officer. Constable Gordon Nelson has been responsible for code enforcement in addition to his regular duties.

In another ordinance issue, Mrs. Kenyon asked the Commissioners Court whether a noise ordinance has been drafted. At the court’s last meeting in February, Mrs. Kenyon and a few other county residents requested a noise ordinance, as they said loud activities near their homes have been presenting nuisances.

Allison still is working on a suggested noise ordinance, which may be ready for the Commissioners Court to consider at its March 22 meeting, Boultinghouse said.

In addition, the court voted 5-0 to send the developer of Chica Ranch a letter to indicate noncompliance with several subdivision rules and regulations.

Jeff Dewald, owner of Jeff Dewald Construction Inc. of Copperas Cove, has not met county requirements for subdivision maintenance and official approval of county roads within Chica Ranch, Vincent said.

Dewald did not attend the recent meeting. When contacted by telephone on Wednesday, he said he had not received notification from county officials about complaints related to his development near Copperas Cove.

Also Monday, commissioners voted 5-0 to let representatives of Austin-based Affordable Life & Healthcare Solutions meet with county employees 65 or older to discuss a voluntary Medicare Advantage health insurance plan.

Employees who qualify for Medicare Part A and Part B are eligible for a no-deductible plan offered by Care Improvement Plus, which Affordable Life & Healthcare Solutions represents. The plan gives the same benefit as the county’s current plan, Affordable Life & Healthcare Solutions owner Ron Wilson said, and could save the county thousands of dollars per year for each employee who chooses to participate.

The county has eight workers 65 or older and pays $5,600 per year for each of its employees’ premiums, Clark said.

In other business, commissioners accepted from Sheriff David Whitis a 2009 racial profiling report that indicated no profiling complaints against county law enforcement officials.

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