Alpine Daily Planet

Agenda for Brewster County Commissioners Court called meeting Monday

The Brewster County Commissioners Court will hold a called meeting at 10 a.m. Monday, May 13, in the County Courtroom downstairs in the courthouse — not the Commissioners Courtroom

Note: Due to the length of this agenda, commissioners may take recesses.

• Treasurer’s office: General bills, discussion and action; financial report updates, discussion, review and action on various reports; discussion and action on general work of treasurer’s office; also, discussion and action Commissioners Court’s request to develop treasurer’s reports related to accrual of compensatory time, overtime and related matters; also, open and read bids for depository contracts for Brewster County and Terlingua CSD, followed by discussion and action

• Discussion and action on Brewster County Central Appraisal District, chief appraiser’s report on assessed valuation in county

• Discussion and action on officials’ monthly reports

• Resolution honoring Tom Santry for his service as Brewster County Emergency Management coordinator, followed by discussion and action

• Road & Bridge Department: discussion and action on R&B superintendent’s report on community facilities, including updates on roads, materials, budget, permits, personnel, equipment, facilities, assistance to other entities and emergency responders, and more.

• Emergency Management Office: discussion and action on general report including: emergency responses, planning, work with emergency responders; matters related to 911 and 911 addressing, matters related to burn bans, communications, insurance coverage, emergency responses and drills, Homeland Security & FEMA grants and other funding; also, discussion and action on hazardous materials training scheduled June 10-12;

• Discussion and action concerning goals and budget process of 2014 county budget

• Update, discussion and action on IT issues and contract with Nectar Computers

• Discussion and action on infrastructure grant matters including update on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.), including installation of R.O. unit; also, update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Update, discussion and action to complete Old Alpine Public Library building renovations, including progress and occupancy; also discussion and action on progress of work on courthouse annex

• Discussion and action regarding moving passport function, which has recently been restored in Brewster County/Alpine

• Executive session on update/pending litigation in U.S. District Court case concerning Pascual Q. Olibas and Cheryl Olibas, individually and dba Freedom Bail Bonds, v. Sheriff Ronny Dodson and Brewster County, followed by reconvening in open session and any discussion and action resulting from executive session

• Executive session on post-appeal matters related to collection of judgment in Mills Road Case (Michael J. McCulloch, Kathleen M. McCulloch and Alice McCollum v. Brewster County), followed by reconvening in open session, discussion and action

• Update on deadlines and consequences of non-compliance with CJIS completeness reporting (state DPS Criminal Justice Information System), deficiencies and progress made by reporting agencies, followed by discussion and action to improve disposition completeness rate 

• Discussion on direct county funding and county-secured grant funding, including terms and conditions of funding for county and non-county agencies and organizations

Agenda for Brewster County Commissioners Court called meeting Tuesday

The Brewster County Commissioners Court will hold a called meeting at 9 a.m. Tuesday, May 7, in the County Courtroom downstairs in the courthouse — not the Commissioners Courtroom

The agenda includes:

• Discussion and action on review of policies, revisions and deletions in the Personnel Policies Manual

• Executive session on personnel matters, compensation and duties of all departments — county judge, county attorney, county clerk, county treasurer, veterans affairs office, tax assessor-collector, courthouse, contracting agencies, county jail, community facilities, constables in Pct. 1, 2 & 3, emergency management, sheriff, county court, district clerk, extension officer, extension service (home agent), district court, road & bridge department, justices of the peace in Pct. 1, 2 & 3, records management; then, reconvene in open session, with discussion and any action resulting from executive session

• Discussion and action on state TDA Infrastructure Grant Matters (2011-12 TDRA/reverse-osmosis facility for Study Butte Water Corp.); request to approve additional signature on pending grant

• Discussion and action to support reinstitution of passport issuance

• Discussion and action on issues related to Emergency Management Office interagency communications and county-sponsored federal and state funding

Brewster County Commissioners Court agenda for called meeting Tuesday

The Brewster County Commissioners Court will hold a called meeting at 9 a.m. Tuesday, April 30, in Commissioners Courtroom of the Brewster County Courthouse.

Note: Due to the length of this agenda, commissioners may take recesses.

The agenda includes:

• Treasurer’s office: General bills, discussion and action; financial report updates, discussion, review and action on various reports; discussion and action on general work of treasurer’s office

• Discussion and action on officials’ monthly reports

• Emergency Management Office: discussion and action on general report including: emergency responses, emergency planning, work with emergency responders, updates on various aspects, needs and duties of office; matters related to 911 and 911 addressing; report on TEEX training for senior officials held April 17, including discussion and action to recognize TEEX for recent trainings held in Alpine; priorities and identification of possible expenditures in 2013 Homeland Security grant, along with county judge’s recommendation to use sustainment of first-responders category; discussion and action on judge’s request to consider HB 2332 (relating to liability of operator of an underground facility for damages that result from a failure to comply with duty to mark underground facilities to prevent damage from excavation or a duty to make certain notifications

• Road & Bridge Department: discussion and action on R&B superintendent’s report on community facilities, including updates on county roads, materials, budget, permits, personnel, equipment, facilities, assistance to other entities and emergency responders, and more; also, discussion and action on request for preliminary approval of Pct. 4 Commissioner Mike Pallanez’s proposal to take Double Diamond Veterans Addition roads into county road system (Circle Drive, Skyline Road and High Vista Road); also update, discussion and action replacing Old Marathon Road bridge with low-water crossing, including demolition of old bridge; also, update by Pct. 3 Commissioner Ruben Ortega on plans for additional improvements to Marathon Community Center

• Discussion and action on county judge’s request to express opposition to HB 3235, which would place limits on Commissioner Court’s authority to regulate fireworks

• Discussion and action on Pct. 2 Commissioner Kathy Killingsworth Report on West Texas County Judges & Commissioners Association Conference in Midland

• Discussion and action on infrastructure grant matters including update on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.), including arrival and installation of R.O. unit; also, update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Update, discussion and action to complete Old Alpine Public Library building renovations, including progress and moving schedule, and annex renovations

• Update, discussion and action on recent work to improve CJIS completeness reporting (state DPS Criminal Justice Information System), including compliance

• Discussion and action on request for Tech Committee/new wireless bridge network between the Sheriff’s Department and jail

• Executive session on post-appeal matters related to Mills Road Case (Michael J. McCulloch, Kathleen M. McCulloch and Alice McCollum v. Brewster County), followed by reconvening in open session and any discussion and action resulting from executive session

• Executive session on update/pending litigation in U.S. District Court case concerning Pascual Q. Olibas and Cheryl Olibas, individually and dba Freedom Bail Bonds, v. Sheriff Ronny Dodson and Brewster County, followed by reconvening in open session and any discussion and action resulting from executive session

• Executive session on personnel (judge and judge’s staff, court administration, Commissioners Court support, courthouse maintenance/custodial, emergency management), followed by reconvening in open session and any discussion and action resulting from executive session

• Executive session on personnel (treasurer’s office), followed by reconvening in open session and any discussion and action resulting from executive session

• Update, discussion and action on Personnel Policies Manual revision, including plan for upcoming workshop at which there will be a review and markup of draft policies

• Update, discussion and action on assisting district clerk and/or tax assessor-collector in passport function

Brewster County Commissioners Court agenda for called meeting Monday

The Brewster County Commissioners Court will hold a called meeting at 9 a.m. Monday, April 15, in Commissioners Courtroom of the Brewster County Courthouse.

Note: Due to the length of this agenda, commissioners may take recesses.

The agenda includes:

• Treasurer’s office: General bills, discussion and action; financial report updates, discussion, review and action on various reports; discussion and action on Texas Association of Counties Insurance Pool property insurance renewal application; discussion and action on general work of treasurer’s office

• Update on Big Bend Little League, discussion and action on request for allocation of commissioners’ recreational funds for 2013

• Discussion and action on officials’ monthly reports

• Discussion and action on request to buy replacement ice-maker from dedicated Jail Infrastructure Funds for county jail

• Emergency Management Office: discussion and action on general report including: emergency responses, emergency planning, work with emergency responders, updates on various aspects and duties of office; update on upcoming TEEX Senior Officials Training & Exercise

• Road & Bridge Department: discussion and action on R&B superintendent’s report on community facilities, including updates county roads, materials, budget, permits, personnel, equipment, facilities, assistance to other entities and emergency responders, and more; also review, discussion and action on damage to bridge on Old Marathon Road and issues related to damage

• Announce recent award to Brewster County Historical Commission and its chair from the West Texas Historical Association; discussion and action

• Discussion and action on pending infrastructure grant matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also, discussion and action on matters related to scope of possible upcoming work under USDA grant/loan project; also, update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Update, discussion and action on CJIS reporting (state DPS Criminal Justice Information System), and on pending legislation related to CJIS and criminal justice funding; update on county’s disposition completeness rate, including efforts to improve rate & other matters related to CJIS reporting

• Discussion and action on county judge’s request related to supervision of court-ordered vehicle interlock devices by Adult Community Supervision Department, request to authorize Permian Basin Community Supervision to assess monthly fee of $10 to supervise operation of interlock devices and related matters

• Public comment

• General discussion on impact of federal & state grant assurances, conditions on county business and employee workload, and other federal programs in which the county participates

• Discussion and action on District Clerk’s Office facilities review related to issuance of passports and requirements of U.S. Passport Agency; also, executive session regarding personnel matters in District Clerk’s Office, followed by reconvening in open session and any discussion and action resulting from executive session

• Review, update, discussion and action on additions or changes to personnel policies

• General discussion on methods & amounts of compensation for county employees, all departments including issues related to compensatory time & overtime; also, if necessary, executive session to discuss personnel, followed by reconvening in open session and any discussion and action resulting from executive session

• Executive session on county judge & judge’s staff (court, administration & Commissioners Court support, courthouse maintenance/custodial, emergency management), followed by reconvening in open session and any discussion and action resulting from executive session

• Discussion and action on county judge’s request to reaffirm ongoing agreement with Hudson & O’Leary for representation on certain legal matters

• Resolution of support for S.B. 1866 (correction to § 36.121, Texas Water Code, VTCA) which currently limits rule-making power of districts for wells in certain counties (“Midland Exemption”)

• Update, discussion and action on in-house county renovation projects, including concluding moving days for occupancy of Old Alpine Public Library; also, review and action on renovations in annex and Commissioners Courtroom, District Clerk’s offices, new location for justice of the peace office & other matters

Reminder: Burn ban IS in effect in Brewster County!

By the Alpine Daily Planet

A burn ban remains in effect in Brewster County, despite some news media claims that the Commissioners Court is going to adopt a burn ban.

The Brewster County Commissioners Court adopted a 90-day ban on March 26.

What that means is there are certain restrictions on what county residents may and may not do regarding outdoor cooking, welding or fires.

Specifically:

ß The use of cooking stoves fueled by “white gasoline” or enclosed outdoor cooking grills or pits fueled by propane, natural gas or wood will be permitted. Commercial businesses/vendors may also use fire for outdoor cooking or heating to operate their business.

ß Any fire must be screened and in a pit or fire ring.

ß Welding is allowed by commercial/professional welders under the following guidelines only:
* A spotter is required for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark.
* A diameter around the welding area shall be cleared of vegetation.
* Welders must have enough fire suppressants on hand to suppress any fire that may be started from their use of welding equipment.
* Welding in an enclosed area is acceptable.
* No welding is permitted if “red flag” warnings have been issued by the National Weather Service.
* During previous burn bans, welders had been required to obtain a permit from their County Commissioners. A permit is NOT necessary at this time.

ß Persons violating this order may be arrested and fined up to $500.

Brewster County Veterans Service Office is open each Wednesday

The Brewster County Veterans Service Office is open each Wednesday from 8:30 a.m.-noon and from 1-5 p.m. The office is located at the Brewster County Tax Office, 107 W. Ave. E. For more information about the services available to military veterans, contact Veterans Service Officer Eduardo Vega at 432-837-6219 or send an email to vetaff@co.brewster.tx.us.

Alpine police officer stops Brewster County grass fire from spreading

By Terra Acox
KMID-TV/Permianbasin360.com

BREWSTER COUNTY — Some quick thinking stopped a grass fire from spreading out of control in Brewster County.

Tom Michael from Marfa Public Radio says that a fire started outside Alpine, just south of Highway 118.

An Alpine police lieutenant saw the fire, grabbed a hose and was able to keep it under control until fire crews responded and extinguished it.

Authorities haven’t established what started the fire, but one possibility is lightning.

Brewster County doesn’t have a burn ban in place, but the Commissioners Court will be considering reinstating one in the next few weeks.

Brewster County Tourism Council to meet next Monday, review updated visitor survey

The Brewster County Tourism Council will meet next Monday, April 8, at the meeting room at Big Bend Resort and Adventures in Study Butte, at the junction of Hwy. 118 and Hwy. 170.

The main agenda item will be the presentation of the updated visitor survey by the consulting team from Texas A&M University.

“The first survey was completed in 2003, the recent survey was conducted in late 2011 through last year,” said Mike Davidson, the council’s executive director. “This is a comprehensive document that will help the council conduct its business more effectively for the next several years. The agenda will include discussion and any action appropriate to the survey or any of the marketing plans or projects for 2013.”

There will be a catered lunch at noon; RSVP to Davidson at info@visitbigbend.com and bring $10 plus gratuity. No business will be conducted at lunch. The business meeting will begin at 1: p.m.

Brewster County Commissioners Court agenda for Tuesday

The Brewster County Commissioners Court will meet in regular session at 1:30 p.m. Tuesday, March 26, in Commissioners Courtroom of the Brewster County Courthouse.

Please note the change in time for this meeting. Also, because of the length of this agenda, there may be one or more recesses.

The agenda includes:

• Resolution in memory of former Alpine Mayor Mickey Clouse

• Treasurer’s office: Discussion and action on general bills, financial reports including specified activity report, cash report, cash flow predictions, payroll reports, budget analysis usage report, check register, receipt file listings, other reports as requested by commissioners; also, update, discussion and action on upcoming county depository contracts and request to advertise for contract; also, discussion, action and final authorization to proceed with 2011 Operation Stonegarden grant (from Department of Homeland Security); and other general matters related to treasurer’s office

• Discussion and action on officials’ monthly reports

• Update on Brewster County On-Site Disposal Permitting Program (septic tank inspection) by Virgil Clark, contract inspector & program administrator; also, discussion and action on report on recent successful TCEQ audit of program

• Discussion and action on Brewster County Emergency Management Office general report including: recent emergency responses; planning; work with responders (ESD #1, all VFDs and EMS); update on needs, programs, training, work with other governmental entities; equipment, maintenance, repairs, etc.; issues related to communications and public information, insurance, personnel, exercises & drills, pending & future Homeland Security & FEMA grants and matters related to 911 & 911 addressing; also, discussion and action concerning reinstating county-wide burn ban; also, discussion and action on administrative work of EMO

• Discussion and action on Road & Bridge Department superintendent’s report on community facilities, including updates on county roads and state of road system; materials, fuel, supplies, etc.; budget, equipment, vehicles, etc.; facilities (yards in Alpine, Marathon and S. County) safety issues, equipment and community facilities (assistance with maintenance and related issues); cattle guards, fences and other means of containing livestock; assistance to other governmental entities and emergency responders; personnel issues; permits for boring or trenching for utilities across county roads; also, matters related to county Dump Days, trash abatement, junkyard regulation & related matters; also discussion concerning current issues & tools available to address various problems with roadside trash, junk vehicles and mobile homes, old tires and similar issues; also, update on TEEX Maintenance Workshop on March 19; also, executive session regarding reporting of car crashes on county roads to Road & Bridge Department by investigating agency, followed by reconvening in open session for discussion and action resulting from executive session; also discussion and action on general work of Road & Bridge Department

• Discussion and action on pending infrastructure grant matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Judge & commissioners’ comments on Study Butte Water Supply Corporation concerning need for ongoing communication between county and other entities whose grant applications the county sponsors, administers & finances; update on status of SBWSC and significant issues facing SBWSC; also, report from Jacob & Martin (SBWSC Engineers) for proposed U.S. Department of Agriculture project for SBWSC; discussion and action concerning general role of county in assisting SBWSC

• Discussion and action on CJIS reporting update to continue to improve reporting

• Treasurer and Commissioners Court discussion on matters related to administering and supervising employee use of credit cards and/or making purchases and/or incurring expenses which must be paid for at time of purchase or time the service is rendered; review of current status of county credit cards, including need to be make & document purchases in an expeditious, efficient manner, and need for county to directly pay for authorized expenses for travel; executive session, followed by reconvening in open session for discussion and action resulting from executive session

•  Discussion of Brewster County Tourism Council report on update to tourism survey/study by Texas A&M University

• Discussion and action on update from Betty Jo Rooney, voter registrar concerning ongoing voter registration work; executive session, followed by reconvening in open session for discussion and action resulting from executive session

• Update, discussion and action on in-house county renovation projects, including concluding interior work on Old Alpine Public Library; also, review and action on renovations in annex and Commissioners Courtroom

• Discussion and action on resolution in Support of HJR 130, which abolishes requirement that certain counties be divided into not fewer than 4 justice of the peace and constable precincts; request from Upshur County Commissioner Cole Hefner

• Discussion and action on county clerk’s request to contract with city of Alpine to provide Brewster County voting machines for city election

• Discussion and action related to various pending legislative matters that could affect Brewster County, specifically those related to local control and ability of counties to control their own finances and tax rates (SB 102 and any related legislation); review of bills pending related to water resources, specifically legislation related to Midland Fresh Water Supply District (CSHB 64) and other related bills (Clayton Williams export plan); also, pending water legislation of concern to Brewster County related to brackish water (SB 1284, SB 1760 & related bills); also, other pending legislation that would affect Brewster County water resources or could negatively impact groundwater conservation districts’ ability to manage local water resources

Please note: Red Flag Warning issued for today, Fire Weather Watch tomorrow

The Brewster County Emergency Management Coordinator’s office has issued an alert, asking residents (and visitors) to take note of the Red Flag Warning today and the Fire Weather Watch tomorrow (Saturday).

The coordinator’s office asks everyone to spread the word.

For more information, visit http://forecast.weather.gov/showsigwx.php?warnzone=TXZ081&warncounty=TXC043&firewxzone=TXZ081&local_
place1=&product1=Fire+Weather+Watch

Ex-Alpine Mayor Mickey Clouse has died

Editor’s note: The Planet is saddened to report the death of our friend Mickey Clouse, who was a tireless promoter of all things Alpine and a dedicated Rotary Club member. She was a character, with a capital C!

By the Alpine Daily Planet

Former Alpine Mayor Mickey Chesser Clouse died last Monday. She was in her late 80s.

Her son Archie Clyde Clouse, who lived in El Paso, had died a day earlier, on Sunday.

A memorial service for Mickey will be held at 10 a.m. Tuesday, March 26, at First Baptist Church of Alpine. In lieu of flowers, the family asks that donations be made in her name to the Alpine Rotary Club Scholarship Fund.

She won the mayoral election in 2002, defeating incumbent Paul Weyerts by a 2-1 margin, according to news reports at the time.

Kenneth Clouse, Mickey Clouse’s husband of 38 years, died the day after she won the mayor’s office. He was 82 and a disabled veteran of World War II. He was wounded in D-Day fighting as a platoon sergeant in Europe with the 90th Infantry Division.

Mickey was a tireless ambassador for Alpine, Brewster County and the Big Bend area. She had been a member of the Alpine Chamber of Commerce’s Ambassadors organization and also had served as a director of Historic Alpine Inc. and a member of the Brewster County Historical Commission.

Mickey was an enthusiastic fan of the Texas Cowboy Poetry Gathering, and until recent years had attended each Gathering since its inception in 1986.

She once told a reporter that the Gathering was part of the frontier heritage that Alpine had retained since its construction along the railroad line in the late 1800s.

“We are very proud of our cowboy heritage,” she told the reporter. “We have kids come (visit) and say, ‘I want to see a real cowboy.’ Well, if you wait a while, you will see one downtown, with spurs and everything.”

During her tenure as mayor, Mickey worked with Brewster County on several community projects, including the purchase of a ladder truck for the Alpine Volunteer Fire Department.

About three or four years ago, Mickey suffered a fractured skull and brain trauma in a fall at the Way Out West Texas Book Festival. After intensive therapy, she recovered in fine fashion and was seen about town. Before that, she had had a pacemaker implanted, and she and Mike Perry delighted in comparing their “machinery.”

According to the Alpine Chamber of Commerce Facebook page, Mickey had been living in El Paso since early this month.

Survivors include sons and grandchildren.

Mark Davis receives Cynthia Mills Award for outstanding service

Special to the Alpine Daily Planet

Mark Davis, a Brewster County reserve deputy sheriff and crisis intervention worker for Permian Basin MHMR, received the Cynthia Mills Award from his employer in January.

The award is named for Cynthia C. Mills, a former Permian Basin MHMR employee who died several years ago. She was well-liked by her co-workers, and they wanted to do something to memorialize her contributions. The award has been given annually since 1995.

Davis began working for MHMR in 1991. After graduating from the Sul Ross State University Law Enforcement Academy in 1998 — training which was paid for by Brewster County — he was appointed as the mental health deputy. He is a licensed peace officer and a qualified mental health officer. Davis also has a bachelor’s degree from Sul Ross.

According to Davis, a significant portion of the local population suffers from persistent, chronic mental illness.

“They sometimes get into dangerous situations and need involuntary help,” he said.

Davis doesn’t patrol. He doesn’t carry a gun. But when a mental health assessment is necessary, law enforcement officers call on him, an average of once or twice a month.

“I don’t work for the sheriff or do a patrol. I’m available as needed,” said Davis. “Sometimes it’s hard to differentiate mental health from substance abuse, plain old criminal behavior and medical issues. Sometimes, it’s a combination of those things.”

With his certification, Davis is able to give his opinion on apprehensions or detainees, according to the Mental Health Code. He can also provide intervention services or make recommendations.

Davis was nominated for the Cynthia Mills Award by Hortencia Garcia, a Frontier Mental Health manager.

“They sent out a form for nominations,” Garcia said. “The answer to every question on that form was ‘Mark Davis.’ I didn’t have enough paper. He’s wonderful to work with, always willing, caring toward his clients and co-workers. He never says no.”

Davis was recognized for his work and for receiving the Mills Award by the Brewster County Commissioners Court on February 11.

“We’re truly fortunate to have such a highly-trained, caring professional serving our county as a mental health officer,” said Brewster County Judge Val Beard. “As the probate court judge, I depend on his knowledge and expertise, and I value his opinion.”

Austin man accused of driving through Brewster County with hydroponic marijuana

By Dylan Brooks
PermianBasin360.com

An Austin man is accused of running marijuana through Brewster County.

John Dunn was arrested on March 1.

Brewster County Sheriff’s Office deputies say that they pulled over Dunn’s vehicle for a traffic stop around 11:50 p.m. March 1. Deputies reportedly found 1/4 pound of hydroponic marijuana in a plastic bag in the vehicle.

Hydroponic marijuana reportedly has a higher THC content than other grades of marijuana.

Deputies say that Dunn was traveling from Austin to Alpine to visit a relative at Sul Ross State University when he was pulled over.

As of Monday evening, Dunn was held in the Brewster County Jail.

Big Bend National Park tourism creates $16.7 million in local economic benefit

Special to the Alpine Daily Planet

A new National Park Service (NPS) report for 2011 (latest figures available) shows that the 361,862 visitors to Big Bend National Park spent $16.7 million in communities surrounding the park.

This spending supported 234 jobs in the local area.

“Big Bend National Park is a wonderful place to learn about America’s story,” said park Superintendent Cindy Ott-Jones. “We attract visitors from across the U.S. and around the world who come here to experience the park and then spend time and money enjoying the services provided by our neighboring communities and getting to know this amazing part of the country.

“The National Park Service is proud to have been entrusted with the care of America’s most treasured places and delighted that the visitors we welcome generate significant contributions to the local, state and national economy.”

The information on Big Bend National Park is part of a peer-reviewed spending analysis of national park visitors across the country conducted by Michigan State University for the National Park Service.

For 2011, that report shows $13 billion of direct spending by 279 million park visitors in communities within 60 miles of a national park. That visitor spending had a $30 billion impact on the entire U.S. economy and supported 252,000 jobs nationwide.

Most visitor spending supports jobs in lodging, food and beverage service (63 percent) followed by recreation and entertainment (17 percent), other retail (11percent), transportation and fuel (7 percent), and wholesale and manufacturing (2 percent).

To download the report, visit www.nature.nps.gov/socialscience/products.cfm#MGM and click on Economic Benefits to Local Communities from National Park Visitation, 2011. 

The report includes information for visitor spending at individual parks and by state.

To learn more about national parks in Texas and how the National Park Service works with communities to preserve local history, conserve the environment and provide local recreation opportunities, go to www.nps,gov/texas.

Human remains found in Brewster County

CBS 7 News

BREWSTER COUNTY — Authorities have confirmed that human remains were discovered in southern Brewster County near the Bullis Gap Ranch late yesterday morning.

U.S. Border Patrol came across the body while in the area, which reportedly is often used for human trafficking and drug smuggling.

The remains have been sent for further analysis.

Brewster County Commissioners Court agenda for Tuesday

The Brewster County Commissioners Court will meet in regular session at 10 a.m. Tuesday, February 26, in Commissioners Courtroom of the Brewster County Courthouse.

Because of the length of this agenda, there may be one or more recesses.

The agenda includes:

• Recognitions of Texas Cowboy Poetry Gathering & Trappings of Texas

• Treasurer’s office: Discussion and action on general bills, financial reports including specified activity report, cash report, cash flow predictions, payroll reports, budget analysis usage report, check register, receipt file listings, other reports as requested by commissioners; also, update, discussion and action on upcoming county depository contracts and request to advertise for contract; also, discussion and action on matters related to award of 2013 HIDTA (High Intensity Drug Trafficking Areas) grant, equitable sharing agreement and certification; and other general matters related to treasurer’s office

• Discussion and action on officials’ monthly reports

• Review of February 20presentation for employees and individual sessions on Texas County District Retirement System (TCDRS); also, request, discussion and action to adopt resolution in opposition to HB 958, which would mandate reduction in interest rate paid by TCDRS on employee accounts; also, upcoming TCDRS session with Commissioners Court on April 10

• Brewster County Tourism Council update on recent work and visitation trends in Brewster County and Far West Texas; also, discussion and action on presentation of 2013 budget; also, update and discussion of Brewster County Tourism Survey by Texa A&M  University and workshop April 10

• Discussion and action on Brewster County Emergency Management Office general report including: recent emergency responses; planning; work with responders (ESD #1, all VFDs and EMS); update on needs, programs, training, work with other governmental entities; equipment, maintenance, repairs, etc.; issues related to burn bans, communications and public information, insurance, personnel, exercises & drills, pending & future Homeland Security & FEMA grants and matters related to 911 & 911 addressing; also, emergency management training April 17 for senior local elected & appointed officials; also, discussion and action concerning reinstating burn ban; also, general discussion and action on administrative work of EMO

• Discussion and action on Road & Bridge Department superintendent’s report on community facilities, including updates on county roads and state of road system; materials, fuel, etc.; budget, equipment, vehicles, etc.; facilities (yards in Alpine, Marathon and S. County) safety issues, equipment and community facilities (assistance with maintenance and related issues); cattle guards, fences and other means of containing livestock; assistance to other governmental entities and emergency responders; personnel issues; permits for boring or trenching for utilities across county roads; also, update, discussion and action on track base construction for Terlingua CSD

• Discussion and action on pending infrastructure matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Discussion and action on county clerk’s report on Public Information Systems (Landata) & pending upgrades; also, update, discussion and action on RCI’s recent work regarding county records; also, discussion and action on RCI proposal related to district clerk’s records; also, discussion and action on N-DEX user agreement from Texas Department of Public Safety for County

• Update, discussion and action on renovations to Old Alpine Public Library; also, review of County Judge’s county facilities matrix (in process)

• Update on appeal (trial court’s judgment in county’s favor was upheld) of Mills Road Case — known as Court of Appeals Number: 08-11-00270-CV, C.N. 2007-03-B8551-CV, Michael J. McCulloch; Kathleen M. McCulloch and Alice McCollum v. Brewster County; followed by executive session to confer with legal counsel about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter (privileged matters); followed by reconvening in open session, with discussion and action resulting from executive session

• Public comment

• Information Tech Committee and Commissioners Court workshop, including discussion an review of Hill Country Software services that the company provides to county departments, discussion concerning new services, including additional emergency response and communications services for county & other governmental entities in conjunction with COP SYNC, bail bond tracking software services related to district clerk, county clerk, county attorney, CJIS and other matters; also, update on Nectar Computers services provided to county, plus discussion of hardware, software, telecommunications needs, upgrades, replacements & costs, including upcoming hardware and software needs for Commissioners Courtroom renovations; also other IT needs in county departments, possible solutions and costs, including electronic records storage and management

• Discussion of personnel issues related to Texas County District Retirement System compensation, followed by executive session to discuss appointment, employment, evaluation, reassignment, duties, compensation, or dismissal of a public officer or employee, followed by reconvening in open session with discussion and action resulting from executive session

New Mexico men accused of running marijuana through Brewster County in tractor plow

By Dylan Brooks
KMID-TV

Two New Mexicans are accused of running drugs through Brewster County in a tractor.

Brewster County Sheriff’s Office deputies reported they pulled over a late-model Dodge flatbed truck that was hauling a John Deere tractor plow through the southern part of Brewster County on Sunday, February 17.

The two men in the flatbed truck allegedly told deputies different stories about what the tractor plow was being used for, and deputies called a K9 unit to the scene.

The K9 unit reportedly spotted drugs in the tractor, and deputies seized both the tractor plow and the flatbed truck.

Some contraband in the tractor plow tested positive for marijuana.

The two men in the flatbed truck -- who are from New Mexico -- were arrested at the scene.

Deputies conducted additional tests on the tractor and plow hours later in Alpine. The tests indicated that more drugs were hidden in the farm equipment.

Deputies later found more than 500 pounds of marijuana in metal containers located inside the plow’s hollow beams.

Deputies turned over the marijuana — which took hours to extract — to the federal Drug Enforcement Administration.

Now, both men in the flatbed are facing drug trafficking charges.

Courthouse to be closed Monday for Presidents’ Day

The Brewster County Courthouse will be closed Monday, February 18, in observance of Presidents’ Day.

Brewster County Commissioners Court agenda for Monday

The Brewster County Commissioners Court will meet in regular session at 10 a.m. Monday, February 11, in Commissioners Courtroom of the Brewster County Courthouse.

Because of the length of this agenda, there will be one or more recesses.

The agenda includes:

• Recognition of Mark Davis of Permian Basin MHMR, upon receiving the Cynthia Mills Award, discussion and action

• Treasurer’s office: Discussion and action on general bills, financial reports including specified activity report, cash report, cash flow predictions, payroll reports, budget analysis usage report, check register, receipt file listings, other reports as requested by commissioners; also, update on tax collections; also discussion and action on authorization of any remaining debt payments due in February, including transfers; also review of Texas County District Retirement System seminar and endividual employee sessions scheduled for February 20; and other general matters related to treasurer’s office

• Update, discussion and action on Big Bend Softball Association request for commissioners’ recreational funds for 2013

• Discussion and action on officials’ monthly reports

• Discussion and action on Road & Bridge Department superintendent’s report on community facilities, including updates on county roads and state of road system; materials, fuel, etc.; budget, equipment, vehicles, etc.; facilities (yards in Alpine, Marathon and S. County) safety issues, equipment and community facilities (assistance with maintenance and related issues); cattle guards, fences and other means of containing livestock; assistance to other governmental entities and emergency responders; personnel issues; permits for boring or trenching for utilities across county roads; also, update from Pct. 3 Commissioner Ruben Ortega on Marathon Community Center and recent fundraising; also, executive session to discuss the appointment, employment, evaluation, reassignment, duties, compensation or dismissal of a public officer or employee, then reconvene in open session with discussion and action resulting from executive session

• Discussion and action on pending infrastructure matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Discussion and action on Brewster County Emergency Management Office general report including: recent emergency responses; planning; work with cooperating responders (ESD #1, all VFDs and EMS); update on needs, programs, training, work with other governmental entities; equipment, maintenance, repairs, etc.; issues related to burn bans, communications and public information, insurance, personnel related to emergency response, exercises & drills, pending & future Homeland Security & FEMA grants and matters related to 911 & 911 addressing; also, announce Texas A&M Engineering Extension Service Senior Officials Workshop for All-Hazards Preparedness/Training on April 17 in Alpine; also, discussion and action on administrative work of EMO to go forward

• Discussion and action on review of County Court procedures related to indigent defense and related costs

• Review of dietary standards for prisoners’ meals in Brewster County Jail, including Texas Commission on Jail Standards requirements concerning prioners’ diet, followed by discussion and action related to seeking outside professional advice concerning how to comply with TCJS requirements in the most economical fashion, and other action concerning adhering to dietary standards for prisoners

• Discussion of county records management for all departments, including lack of storage space for old records; update on Records Consultant Inc. recent work related to retention and management of records in various departments; revised records management schedule; discussion on LanData and status of public records in County Clerk’s Office, Commissioners Court and County Court records, including alternatives regarding electronic storage and ongoing scanning of old records; discussion of electronic storage as means to preserve records and conserve space, followed by discussion and action to move forward in addressing issues related to records

• Information Tech Committee and Commissioners Court workshop, including review of contract with Nectar Computers and progress made; review ongoing relationship with Hill Country Software; update on upcoming hardware and software needs, costs for Commissioners Courtroom renovations; other IT issues in various departments, possible solutions and costs, including electronic records storage and management

• IT Committee and Pct. 2 Commissioner Kathy Killingsworth, committee chair, on request to renew contract with Nectar Computers, including discussion and action; followed by discussion and action on other matters related to tech upgrades in courthouse and county offices

• Update on progress in Criminal Justice Information System (CJIS) reporting

Alpine Public Library named one of top 3 small libraries in U.S.

By Alpine Public Library

The Alpine Public Library has been named one of the top three small libraries in America for 2013. 

Each year, Library Journal and the Bill & Melinda Gates Foundation recognize three U.S. public libraries that provide extraordinary service to populations fewer than 25,000 through the Best Small Library in America Award.

The Alpine Public Library was selected as one of two second-place finalists that will each receive $10,000, travel expenses to the 2014 Public Library Association conference, and a write-up in the February issue of the magazine. Library Journal’s website is lj.libraryjournal.com.

Nominated libraries were judged on key factors including creative and replicable programs, outreach to special populations, innovation in public access to the Internet, success in computer education, use of technology, demonstrated community support, sustained cooperation with other libraries, partnerships with agencies and business, increase in library use, and role as a community center.

“The library would like to thank all the supporters who helped to make this award possible,” said Paige Delaney, library director.

Brewster County Tourism Council to meet Monday

The Brewster County Tourism Council will meet at 1 p.m. Monday, February 4, at the Lajitas Golf Resort meeting room.

Everyone is invited to join the council for lunch at 11:45 a.m. at Candelilla cafe. Lunch is informal, with no business conducted until 1 p.m.

Please let Mike Davidson, executive director, know if you plan to attend lunch and/or the meeting. Contact Davidson at info@visitbigbend.com or 432-837-3915.

Brewster County Commissioners Court agenda for Tuesday

The Brewster County Commissioners Court will meet at 9 a.m. Tuesday, January 29, in Commissioners Courtroom of the Brewster County Courthouse.

The agenda includes:

• Treasurer’s office: Discussion and action on general bills, financial reports including specified activity report, cash report, cash flow predictions, payroll reports, budget analysis usage report, check register, receipt file listings, other reports as requested by commissioners; also, update on tax collections; also discussion and action on request to assist Texas AgriLife Extension Service to prepare for moving to new location (records management assistance); also discussion and action on authorization of February debt payment from I&S or other appropriate funding sources; and other general matters related to treasurer’s office

• Discussion and action on officials’ monthly reports

• Discussion and action on Brewster County Emergency Management Office general report including: recent emergency responses; planning; work with cooperating responders (ESD #1, all VFDs and EMS); update on needs, programs, training, work with other governmental entities; equipment, maintenance, repairs, etc.; issues related to burn bans, management issues related to communications and public information, insurance, personnel related to emergency response, exercises & drills, pending & future Homeland Security & FEMA grants and matters related to 911 & 911 addressing; also, discussion and action on administrative work of EMO to go forward; also review role of Big Bend Amateur Radio Club in emergency communications, including securing & placing equipment with club through Rio Grande Council of Governments and Brewster County Emergency Management Office, and approving agreement between BBARC and county and county/state concerning placement of above equipment

• Discussion and action on Road & Bridge Department superintendent’s report on community facilities, including updates on maintenance and repairs for county roads and state of county roads system; road materials, fuel, etc.; budget, equipment, vehicles, etc.; facilities (yards in Alpine, Marathon and S. County) safety issues, equipment and community facilities (assistance with maintenance and related issues); cattle guards, fences and other means of containing livestock, safety issues and equipment and community facilities; assistance to other governmental entities and emergency responders; personnel issues; permits for boring or trenching for utilities across county roads; also discussion and action related to concluding TxDOT Border Colonia Access paving grant; also initial discussion directed by Pct. 4 Commissioner Mike Pallanez and opportunity to comment related to taking Double Diamond Veterans Addition roads into the county system

• Update, discussion and action on renovation of old Alpine Public Library for county offices and in-house renovations in annex, including Juvenile Probation offices, Commissioners Courtroom and adjacent offices; also report on donated materials/fixtures for courtroom

• Pct. 2 Commissioner Kathy Killingsworth update on South County Emergency Response Center including facility, occupants and contributions that the facility makes to public safety and county business; also review, discussion and action on rain catchment project for the ERC, including discussion concerning sources of water for Terlingua Fire & EMS; also, general review, discussion and action regarding management plan and operations to date of South County ERC, including costs and contributions from ESD #1 

• Discussion and action on pending infrastructure grant matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements

• Discussion and action on Brewster County Historical Commission, including update by Travis Roberts, chairman; also discussion and action on appointment of Historical Commission members for 2013-14

• Discussion and action on request for Renewal of contract for Marathon Museum Society use of county-owned facility

• Discussion and action on 2013 Salary Grievance Committee, including drawing additional names for citizen members to replace any who declined to serve

• Discussion and action on county judge & county attorney’s request to redesignate terms of County Court (same terms proposed)

• Discussion and action concerning approving contracts for services with local non-profits (Alpine Public Library, Sunshine House, Family Crisis Center, Frontier CASA Inc. and Children’s Advocacy Center of the Big Bend) as specified in the 2013 budget

• Update on pending regarding civil action No. P-11CV-094, Pascual Q. Olibas and Cheryl Olibas, individually and dba Freedom Bail Bonds vs. Ronny Dodson, Sheriff of Brewster County, and Brewster County in U.S. District Court, Western District of Texas, followed by executive session to confer with legal counsel about (a) pending or contemplated litigation; or (b) a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter (privileged matters); reconvene in open session, followed by discussion and action resulting from executive session

• Comments and discussion concerning value and quality of county personnel benefits, including upcoming Texas County & District Retirement System presentations and individual conferences with Brewster County employees and elected officials concerning individual accounts set beginning February 20; also, discussion only on proposed presentation to Commissioners Court by TCDRS regarding county plans & options, to be scheduled sometime in April 2013; also personnel matters related to county provision of benefits to employees/programs related to employee health and wellness, including review Blue Cross/Blue Shield plan through Texas Association of Counties, ciscussion of resources for wellness programs through Texas Association of Counties or other organizations/sources, followed by executive session, followed by reconvening in open session with discussion and action resulting from executive session

• Discussion and action on request to solicit bid proposals to supply fuel (gasoline, diesel and propane) to county

• Update, discussion and action on matters related to interlocal agreements, including Middle Pecos Groundwater Conservation District contributions for USGS study and procedures for contributions; also discussion and action on request to ratify interlocal agreement with Pecos County regarding acting as fiscal agent for Brewster County for 83rd Judicial District budget

• Update on CJIS reporting, as required by state, including announce mandatory meeting with representative from Texas Department of Safety for county reporting agencies and status of CJIS reporting at this point, followed by discussion and action to obtain 90% disposition completeness, as required by state

 

 

Brewster County Jail booking log for week of Jan. 14-20

Jan. 14
Kassandra Mead, criminal mischief between $1,500 and $20,000, BCSO

Jan. 15
Rene Vargas-Bustillos, warrant/assault, Alpine PD

Jan. 16
Mayra Macias, possession of marijuana, BCSO
Alonzo Jesus Aguilar Jr., criminal mischief between $500 and $1,500, Alpine PD

Jan. 18
Reginald Quinton-Jamard Young, public intoxication, Sul Ross State University PD
Jose Gutierrez-Carrera, possession of marijuana w/intent, USMS
William Eraldo Martinez-Estrada, possession of marijuana w/intent, USMS
David Pilar Natera, possession of marijuana, USMS

Jan. 19
Christopher Anthony Jimenez, warrant/assault, Alpine PD
Omar Lujan Monclova, driving while intoxicated, Alpine PD

Jan. 20
Damion Damon Taylor, driving while intoxicated, Alpine PD
Adan Ronquillo Garcia, driving while intoxicated over 0.15, Alpine PD
Jesus Rodriguez, warrant/theft property between $50 and $500, Alpine PD
Eric Allen English, warrant/ possession of marijuana under 2 ounces, DPS

Brewster County Sheriff’s Office blotter for week of Jan. 14-20

Calls: 50
Investigations: 26
Traffic stops: 59
Citations issued: 42
Civil process: 7

Offenses/incidents

Jan. 14
Domestic disturbance, Marathon, request officer/possible family violence/investigated/cleared
Animal Control/injured dog in road, Mountain View Road, Alpine Police Department contacted/dog taken to animal shelter

Jan. 15
Loose livestock, Brewster County, report of loose bull at north county line/investigated/bull in fenced area/cleared
Request officer/possible domestic disturbance, Terlingua, report taken/continuing investigation
Criminal trespass, Alpine, served/cleared
Request officer, Alpine, agency assist/Alpine PD/cleared

Jan. 16
Residence door open, Brewster County, investigated/left notes to contact Sheriff’s Office
911 call, Terlingua, caller requested EMS for transport to BBRMC/transported/cleared
Animal Control/loose horse, Brewster County, horse put up /cleared
Request officer/reported burglary, Terlingua, property picked up/investigated/cleared
Reported theft, Lajitas, golf cart reported stolen/investigated/recovered/cleared
Assist, Alpine, officer assisted Alpine PD with search/negative alert/cleared

Jan. 17
Alarm/Alpine Middle School, investigated/basketball coaches/cleared
Request officers/motor vehicle accident, Hwy. 118 South, semi-truck separated from trailer/spilled debris on highway/investigated/TxDOT notified to clean up debris/cleared
Request officer/suspicious vehicle, Alpine Elementary School, male subject in red truck talking to little girls at recess/investigated/children back inside/unable to locate vehicle/cleared
Alarm/Alpine Middle School, investigated/basketball team/cleared

Jan. 18
Criminal trespass, Terlingua, violation of criminal trespass notice/notice dropped/cleared
911 call/vehicle accident, Terlingua, caller reported rollover at Hwy. 170 and Hwy 118/investigated/cleared
Report of possible intoxicated motorist, Brewster County, maroon F250 King Ranch/speeding and swerving on Hwy. 67 south/unable to locate vehicle

Jan. 19
Assist/domestic disturbance, Alpine, Alpine PD requested assistance/subject aggressive/cleared
Alarm/Alpine Elementary School, investigated/cleared
911 call, Terlingua, caller requested ambulance/transported to BBRMC/cleared
Request officer, Alpine, caller reported pit bull and chocolate Labrador killing his chickens/investigated/unable to locate dogs
Request officer, Alpine, complaint said person violating protective order/investigated/cleared
Alarm/Alpine Elementary School, basketball practice/investigated/cleared
Alarm/Alpine Middle School, alarm activated by cafeteria staff/investigated/cleared
Request officer, Alpine, possible violation of protective order/red Ford 150 driving by property/occupant yelling at family/continuing investigation
Alarm/Alpine Middle School, staff activated/cleared
Possible Department of Transportation violation, Alpine, caller reported blue semi-truck traveling with unsecured cages on flat-bed/cleared
Request officer, Alpine, customer locked keys in vehicle/cleared
Request officer escort, Brewster County, caller passing kidney stone/did not need ambulance/escorted to BBRMC/cleared
Request officer, Alpine, caller reported possible gunshots/assist Alpine PD/cleared
Assist/possible forced entry into residence, Alpine, caller reported someone knocking on window attempting to make entry/assist for Alpine PD/unable to locate suspect/cleared
Assist/fight, Alpine, assist Alpine PD/fight outside Lobo Bar/cleared

Jan. 20
Report of vehicle accident on Mosley Lane, Alpine, accident located/individuals not in vehicle/fence damaged and horses got out/horses put up/vehicle impounded/cleared
Alarm/Alpine High School, shoe marks on door/investigated/cleared
Request officer, Alpine, suspect arrested for DWI/found in possession of marijuana at Brewster County Jail/cleared
Alarm/Alpine Elementary School, gym door/activated by cheerleaders/cleared
Fire alarm, Alpine, Alpine PD transferred call/alarm company said disregard/cleared
Report of reckless driver, Brewster County, caller reported white Lexus SUV/investigated/unable to locate vehicle/cleared
Suspicious vehicle/person, Marathon, several persons disturbing business/advised to leave/cleared
Animal Control/deer, Alpine, deer possibly hit near BBRMC/deer not dead/cleared

Brewster County ag producers, small businesses now eligible for low-interest emergency disaster loans

Alpine Daily Planet

Brewster County has now been designated as eligible to apply for low-interest emergency disaster loans because of the recent drought.

County Judge Val Beard said Gov. Rick Perry’s office notified the county that U.S. Secretary of Agriculture Tom Vilsack had approved the designation. Additionally, Vilsack notified the administrator of the Farm Service Agency (FSA) to “immediately make emergency loans available to eligible applicants” in Brewster County.

The local/area FSA office will provide details on the program to eligible applicants.

The Brewster-Presidio-Jeff Davis County FSA office is at 1805 State Hwy. 118 North (Fort Davis Highway) in Alpine, telephone 432-837-2325, ext. 2. William H. McAnally is the farm loan manager; he may be reached at 432-336-5206, ext. 2, or by email at bill.mcanally@tx.usda.gov.

In addition, the Small Business Administration (SBA), in an agreement with the U.S. Department of Agriculture, provides Economic Injury Disaster Loans to eligible small businesses that depend on farmers and ranchers in counties that have received a disaster declaration by the Agriculture Department secretary.

Recent declarations about drought-related disaster assistance had excluded Brewster County, although they had included neighboring Presidio, Jeff Davis and Terrell counties.

But the latest news from the governor’s office now remedies that omission.

And though the Brewster County Commissioners Court voted on January 14 to lift the county-wide burn ban, residents of Far West Texas know that’s a fluctuating situation that all depends on rainfall, snowfall or long dry spells.

The county relies on Texas Forest Service analysis and a drought index before declaring a burn ban.

Brewster County Jail booking log for week of Jan. 9-13

Jan. 9
Adam Franklin Hoppe, possession of marijuana, BCSO

Jan. 10
Adolfo Juardo Yharte, possession of marijuana, BCSO
Edgar Rodriguez Santacruz, possession w/intent, DEA
Herberto Cortez-Franco, possession w/intent, DEA
Calixto Chavez-Duarte, possession w/intent, DEA

Jan. 11
Luis Gonzalez-Campos, possession of marijuana w/intent, DEA
Gerardo Sergio Fuentes, assault, APD

Jan. 12
Saul Chavez-Ortiz, possession of marijuana w/intent, DEA
Maxi Levi-Bernard Campbell, theft by check, BCSO

Jan. 13
Justino Ruiz-Ruiz, possession of marijuana w/intent, DEA
Omar Oros-Reyes, possession of marijuana w/intent, DEA
Jesus Solis-Chavez, possession of marijuana w/intent, DEA
Alberto Bernal-Gardea, possession of marijuana w/intent, DEA

Brewster County Sheriff’s Office blotter for week of Jan. 7-13

Calls: 62
Investigations: 36
Traffic stops: 27
Citations issued: 17
Civil process: 8

Offenses/incidents

Jan. 7
Animal Control/cow, Brewster County, caller reported loose cow/investigated/unable to locate animal/cleared
Fire, Terlingua, caller reported home on fire/fire department contacted/cleared
Alarm, Alpine Middle School, investigated/cleared

Jan. 8
Possible burglary, Terlingua, possible burglary reported/investigated/report taken
Personal use, Brewster County, U.S. Border Patrol reported subject possessing marijuana/arrest made

Jan. 9
Request officer, Terlingua, caller reported possible break-in/continuing investigation
Residence alarm, Alpine, caller reported burglar alarm/investigated/owner entered incorrect code/cleared
Accident, Alpine, Alpine Police Department requested deputy for assistance with minor accident near U.S. Border Patrol station/investigated/cleared
Accident, Alpine, caller reported minor accident/investigated/driver taken to Alpine/cleared
911 call, Alpine, caller requested assistance with minor accident/investigated/cleared
Motorist assist, Alpine, officer assisted with minor accident/motorist taken to Alpine/cleared
Motorist assist, Alpine, officer assisted with accident involving semi-truck blocking highway/cleared

Jan. 10
Accident, Alpine, Texas Department of Public Safety reported vehicle skidding off road/officer helped transport occupants home/cleared
Assist, Marathon, assisted Drug Enforcement Administration with search warrant/subject detained for DEA for possession of narcotics/arrest made
Fire, Terlingua, officer responded to fire in restaurant parking lot/subject was read Miranda Warning/investigating
Officer initiated, Brewster County, officer assisted motorist with moving a tree/cleared
Welfare check, Terlingua, caller reported family member not returning from camping trip when expected/officer contacted party/cleared

Jan. 11
Warrant service, Brewster County, attempt made to serve warrant/subject not home/continuing
Assist, Brewster County, Alpine PD requested assistance with minor accident/investigated/no report taken
Request officer, Alpine, caller requested officer regarding dogs attacking owner’s dog/unable to locate dogs/cleared
Request officer, Alpine, caller reported possible drunk driver/continuing investigation
Alarm, Alpine Middle School, investigated/staff activated/cleared
Alarm, Alpine Middle School, investigated/investigated/cleared

Jan. 12
Warrant service, Alpine, warrant served/arrest made
Criminal trespass, Alpine, investigated/no contact with subject/continuing investigation
Alarm, Alpine Middle School, investigated/staff activated/cleared
Request officer, Alpine, caller reported someone driving over water meter/report taken/continuing investigation
Alarm, Alpine Middle School, investigated/staff activated/cleared
Request officer, Alpine, dispute regarding custody of children and violation of protective order/continuing investigation
Suspicious vehicle, Alpine, caller reported vehicle at courthouse/investigated/cleared
Suspicious vehicle, Alpine, caller reported vehicle outside business/investigated/cleared

Jan. 13
Request officer, Alpine, caller reported vehicle out of gas and occupants there all night/occupants taken to Marathon/cleared
Alarm, Alpine Middle School, investigated/staff activated/cleared
Animal Control/cow, Alpine, caller reported loose cow/animal put up by owner/cleared
Animal Control/dogs, Alpine, caller reported dogs harassing neighbor’s dog/animals picked up by owner/cleared
Escort, Terlingua, assisted with vehicle stuck in mud/took occupants home/cleared

Burn ban lifted in Brewster County

Special to the Alpine Daily Planet

The Brewster County Commissioners Court voted to lift the burn ban at its meeting on Monday, January 14, effective immediately.

As recently as mid-December, the county had maintained a modified burn ban that outlined specific steps for outdoor burning and welding.

At the time, Brewster County Judge Val Beard said the Commissioners Court relied on Texas Forest Service analysis and examined a drought index, which made it clear the burn ban was appropriate.

“During the last campaign there was the assertion made that we adopted burn bans willy-nilly without any supporting data — we don’t,” said Beard. “The Forest Service provides us with assessments of fuel on the ground, what conditions are, how much rain we’ve had, how dry the vegetation is, and so on. … We generally don’t act unless we have their recommendation.”

The burn ban also had been lifted last July, then later was reinstated.

For more information, contact the Brewster County Office of Emergency Management, 432-837-9876.

Brewster County ends 2012 in the black, county treasurer reports

Special to the Alpine Daily Planet

Brewster County closed out the 2012 budget “in the black,” the Commissioners Court learned Monday during its first meeting of the year.

FY 2012 ended with $278,090 in revenue over expenditures.

According to County Treasurer Carol Ofenstein, careful management by all county employees was key.

Commissioners had urged department heads to keep a careful watch over departmental expenditures due to a slow economy. Along with a higher tax collection rate, that policy paid off.

Additionally, the county “did not have to touch reserves this year,” said Ofenstein. She added that the county has about $1.6 million in interest-bearing savings accounts.

From the end of 2011 to the last day of 2012, Brewster County also had over $311,000 more cash-on-hand.

Commissioners and County Judge Val Beard encouraged department heads to continue on the same conservative, mindful course in 2013.

Commissioners Court to meet early Monday morning

The Brewster County Commissioners Court will meet at 8:30 a.m. Monday, January 14, in Commissioners Courtroom of the Brewster County Courthouse.

The agenda includes:

• Recognitions of the Big Bend Livestock Show Association, 4-H, FFA and Texas AgriLife Extension Service

• Treasurer’s office: Discussion and action on general bills, financial reports including specified activity report, cash report, cash flow predictions, payroll reports, budget analysis usage report, check register, receipt file listings, other reports as requested by commissioners; also, update on closeout of 2012; also, discussion and action on request for Commissioners Court to set any employee salaries that have not yet been set; and other general matters related to treasurer’s office

• Discussion and action on officials’ monthly reports

• Discussion and action on Brewster County Emergency Management Office general report including: recent emergency responses; planning; work with cooperating responders (ESD #1, all VFDs and EMS); update on needs, programs, training, work with other governmental entities; equipment, maintenance, repairs, etc.; issues related to burn bans, management issues related to communications and public information, insurance, personnel related to emergency response, exercises & drills, pending & future Homeland Security & FEMA grants and matters related to 911 & 911 addressing; also, discussion and action on administrative work of EMO to go forward

• Discussion and action on Road & Bridge Department superintendent’s report on community facilities, including updates on maintenance and repairs for county roads and state of county roads system; road materials, fuel, etc.; budget, equipment, vehicles, etc.; facilities (yards in Alpine, Marathon and S. County) safety issues, equipment and community facilities (assistance with maintenance and related issues); cattle guards, fences and other means of containing livestock, safety issues and equipment and community facilities; assistance to other governmental entities and emergency responders; personnel issues; permits for boring or trenching for utilities across county roads; also discussion and action to conclude TxDOT Border Colonia Access paving grant; also, discussion and action on pending infrastructure grant matters including update on progress after awarding bid on 2011-12 Texas Department of Rural Affairs grant program (R.O. facility for Study Butte Water Corp.); also update, discussion and action on 2013-14 TXCDBG application process for Marathon Water Supply Corp. improvements; also discussion by Pct. 3 commissioner regarding upcoming fundraiser for Marathon Community Center

• Discussion and action on matters related to transition to electronic records for county attorney’s office

• Discussion and action on Commissioners Court approval of bonds for elected officials

• Update on appeals court upholding trial court’s judgment in Mills Road Case (Court of Appeals Number: 08-11-00270-CV, C.N. 2007-03-B8551-CV, Michael J. McCulloch; Kathleen M. McCulloch and Alice McCollum v. Brewster County); if necessary, executive session to confer with legal counsel about (a) pending or contemplated litigation; or (b) a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter (privileged matters); reconvene in open session, followed by discussion and action resulting from executive session

• Commissioners Court’s sole authority to contract and/or make agreements on behalf of county; if necessary, executive session to confer with legal counsel about (a) pending or contemplated litigation; or (b) a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter (privileged matters); reconvene in open session, followed by discussion and action resulting from executive session

• Discussion by tax assessor-collector’s update on 2012 ad valorem tax collections

• Discussion and action on request to reaffirm 2013 meeting schedule

• Draw names for citizen members of 2013 Salary Grievance Committee

Wide range of indictments handed down in Brewster County

By Dylan Brooks
PermianBasin360.com

A Brewster County grand jury has been busy handing down indictments this week.

83rd District Attorney Rod Ponton tells Big 2 that a grand jury returned 23 indictments in Alpine on January 10.

Some of those indicted were allegedly involved in crimes that received extra attention.

Ilana Lipsen and Rosa Lipsen were each indicted on two counts of selling of illegal synthetic substance.

Ilana Lipsen, 27, and her mother, Rosa Lipsen, 55, were arrested on November 8, 2012, and accused of selling synthetic marijuana — known on the street as “Spice” — at the Purple Zone (in the 500 block of East Avenue E) in Alpine. The arrests came after a 7-month investigation into the Purple Zone.

Kellie Powell was also indicted on 3 counts of tampering with government documents. Powell, the former director and training coordinator of the Sul Ross State University Law Enforcement Academy, is accused of giving students answers to the Texas licensing exam. Powell resigned from the academy before the charges came to light.

Jennifer Ramos was also indicted on charges of theft over $20,000. Ramos allegedly stole $50,000 from coaches’ travel funds at Sul Ross State University.

Nicholasa Corrine Haas was also indicted on two felony theft charges. Haas, 33, was arrested on November 7. Haas is accused of stealing more than $1,500 and cookie dough from the Big Bend Youth Soccer Association. Haas was also arrested on August 19 for allegedly stealing from the Alpine Elementary Parent Teacher Association.

Ponton also tells Big 2 that former Brewster County jailer Derek Jerome Thompson was indicted on one count of improper sexual contact with a person in custody. Thompson is accused of fondling an inmate’s breast at the Brewster County jail

No trial dates have been announced for any of these cases.

Kids’ fishing event, contest slated Saturday at The Post

Texas Parks and Wildlife Department game wardens will sponsor a kids’ fishing excursion at 9 a.m. Saturday, January 12, at The Post park south of Marathon.

All youths under age 17 are encouraged to participate. Residents younger than 17 or those born before September 1, 1930, are not required to have a fishing license.

There will be a fishing contest with prizes awarded at the end of the day. Fishing poles will be available at no cost.

Everyone is encouraged to catch a limit of five rainbow trout.

For more information, call one of the Brewster County game wardens: Matthew Bridgefarmer, 432-386-3284; Erin Albright, 432-940-1654; Daniel Kessler, 432-386-8427; or Matthew Kiel, 432-386-7644.

Local officials meet to discuss emergency communications

Special to the Alpine Daily Planet

The Rio Grande Council of Governments held a meeting in Alpine on Wednesday (January 9) to discuss emergency communications needs for first responders, law enforcement entities, and public and elected officials.

Among the topics discussed were public safety radio equipment, Narrowbanding, and
reverse 911/notification systems, which are used to inform the public.

According to the Federal Communications Commission, Narrowbanding is an effort to ensure more efficient use of mobile and handheld radio systems. Conversion to Narrowbanding — once referred to as refarming — was required by January 1.

In layman s terms, Narrowbanding requires the conversion of analog radios to a digital format. Doing so allows for more efficient use of the system, and makes room for upgrades and additional users across the nation.

Brewster County, the Sheriff’s Office and Alpine Police Department are substantially compliant with the new requirements, according to the Brewster County Emergency Management Director’s office.

Among those who haven’t yet converted is the Big Bend Amateur Radio Club (also called the Ham Club), which plays a significant communications role during emergency operations, most recently during the 2011 wildfire season, and in particular the Rock House Fire, which burned more than 300,000 acres from west of Marfa through Jeff Davis County.

SNOW PHOTOS!

All sorts of wild, wet weather has hit Alpine and the surrounding area, including snowfall — again — on Thursday. We saw some Alpine (and area) residents’ beautiful photos posted on Facebook and thought they were too pretty not to share. After all, it's not often that the Big Bend region gets socked by a second big snow in just a few days, ranging from 4 to 8 inches. OK, here are the credits, from the top: Tanner Quigg on his way down from “The Desk” with Sul Ross in view; Chuck Wilson; Virginia Brotherton; Berta Rios Martinez; Caroline Fox; Amy Ellis; Lori Steen Cross; Brian Shugart; Teresa Todd of McDonald Observatory; Mary Bell Lockhart on the Sul Ross campus; Darrell Dodds at Alpine ISD; and Matt Walter. We’re delighted so many people grabbed their cameras and braved the elements. Enjoy!

Brewster County Jail booking log for week of Dec. 30-Jan. 6

Dec. 30
Diego Alfonso Perez-Gonzalez, possession of marijuana with/intent, DEA

Dec. 31
Cesar Ramon Chacon, warrant injury to child, BCSO
Jason Scott Bridges, warrant theft of property, APD
Candie Dee Torres, driving while intoxicated, DPS

Jan. 1
Christopher Holguin, public intoxication, APD
Isaiah Elias Garcia, public intoxication, BCSO
Lance Zane Schaeffler, public intoxication, APD

Jan. 3
Silvestre Castro, alien smuggling, HIS
Ana Karen Pardo-Alvarez, material witness, HIS
Juan Francisco Pardo-Rueda, material witness, HIS
Jorge Alejandro Pardo-Marquez, material witness, HIS
Stuart Mitchell Young, possession of child pornography, HIS

Jan. 6
Jaci Ann Sandelin, public intoxication, APD
Cynthia Michelle Huerta, forgery, BCSO

Brewster County Sheriff’s Office blotter for week of Dec. 30-Jan. 6

Calls: 146
Investigations: 47
Traffic stops: 37
Citations issued: 24
Civil process: 6

Offenses/incidents

Dec. 30
Request officer, Terlingua, caller reported subject possibly intoxicated, knocking on doors/subject taken home/cleared
Animal Control/cattle, Marathon, U.S. Border Patrol reported loose cattle near checkpoint on Hwy. 385/animals put up/cleared
Harassment, Marathon, caller reported individual harassing family members/complaint and restraining order were filed

Dec. 31
Welfare check, Alpine, caller requested check on family member not seen for several days/negative contact/investigating
Hit and run, Alpine, caller reported vehicle was hit around December 21/report taken/investigating
Criminal mischief, Terlingua, caller reported individual near river shooting at cattle in Mexico/investigated/no criminal mischief apparent/cleared
Request officer, Alpine, complaint of fireworks in residential area/subject warned/cleared
Reckless driver, Terlingua, caller reported reckless driving/investigated/cleared

Jan. 1
Agency assist, Alpine, Alpine Police Department requested deputy for possible domestic disturbance/parties separated/cleared
Accident, Alpine, caller reported possible accident involving unoccupied vehicle/continuing investigation
Agency Assist, Alpine, Alpine PD requested assist with possible domestic disturbance/investigated/cleared
Public intoxication, Alpine, officer requested transport of subject/arrest made
Theft, Alpine, caller reported metal barbecue pit taken/continuing investigation
Criminal mischief, Alpine, caller requested deputy regarding second incident of fence being cut/report taken
Criminal trespass, Terlingua, officer investigated report of trespassing at building/subjects given warning
Fire, Alpine, caller reported small grass fire and requested officer to bring spray/fire put out and fire department not needed/cleared
Accident, Alpine, individual hit deer/no injuries/report taken/cleared
Fire, Terlingua, caller reported individual burning material in parking lot/warrant for arson to be obtained

Jan. 2
Fire, Alpine, Border Patrol agent reported small brush fire near BP station/fire put out/cleared

Jan. 3
Accident, Brewster County, Border Patrol reported vehicle spun out 5 miles west of Alpine/no injuries/cleared
911 call, Alpine, caller requested EMS for individual trapped and unconscious in vehicle/subject taken to BBRMC/cleared
Accident, Alpine, assisted Alpine PD with accident involving truck in ditch/investigating
Investigation, Brewster County, EMS vehicle did not stop to render aid on north Hwy. 67/continuing investigation
Request officer, Brewster County, caller reported footprints outside residence/deer tracks found/cleared

Jan. 4
Agency assist, Brewster County, Union Pacific reported smell of propane near residential area/no gas detected/cleared
Accident, Brewster County, Border Patrol reported vehicle in bar ditch 4 miles east of Alpine/vehicle removed/cleared
Accident, Alpine, caller reported minor accident with no injuries on W. Hwy 90/driver escorted into Alpine/cleared
Request officer, Alpine, caller asked officer to investigate open door at residence/no forced entry, nothing missing/cleared
911 call, Alpine, caller reported minor rollover 5 miles west of Alpine/individuals taken into Alpine/cleared
Accident, Alpine, caller reported two-vehicle accident/abandoned vehicle taken into possession until owner found/continuing investigation
911 call, Alpine, subject reported being lost and needed assistance/subject found and taken to Alpine/cleared

Jan. 5
Alarm, Alpine Elementary School, investigated/staff activated/cleared
Unattended death, Terlingua, 911 call regarding unconscious male/EMS contacted justice of the peace and funeral home
Agency assist, Alpine, Alpine PD requested assistance with minor accident/report taken/cleared
Forgery, Alpine, caller reported theft of 15 checks with forged signature/under investigation
Criminal mischief, Terlingua, complaint regarding criminal mischief/criminal trespass citation issued
Request officer, Alpine, caller reported gunshots south of residence/investigated/cleared
Request officer, Alpine, caller reported footprints around home/footprints belonged to neighbors checking on occupant/cleared

Jan. 6
Request officer, Terlingua, caller reported theft of residence/continuing investigation
Request officer, Alpine, request to check residence of missing hiker/unable to locate subject/continuing investigation
Warrant service, Alpine, forgery warrant served on subject/arrest made
Alarm, Alpine Elementary School, investigated/staff activated/cleared
Alarm, Alpine Middle School, investigated/staff activated/cleared
Request officer, Alpine, caller reported ex-husband wanted to take children out of state/check made on children/continuing investigation
Criminal mischief, Alpine, caller reported neighbor set off explosion and requested officer/neighbor contacted/cleared
911 call, Alpine, second call regarding explosion in area/cleared
Alarm, Alpine Middle School, investigated/staff activated/cleared

Brewster County Commissioners Court to hold first meeting of 2013 on Monday

The Brewster County Commissioners Court will hold its first meeting of 2013 at 8:30 a.m. Monday, January 14, in Commissioners Courtroom of the Brewster County Courthouse.

County Judge Val Beard said, “Because of other, longstanding commitments, this meeting will begin early and the agenda will be kept fairly brief.”

The second meeting of the new year will be on January 29, when the judge says a “very full agenda is expected.”

Appellate court upholds trial finding for Brewster County in Mills Road case

Special to the Alpine Daily Planet

The 8th Court of Appeals in El Paso has upheld a trial court’s finding in Michael McCulloch, Kathleen M. McCulloch and Alice McCollum, individually and d/b/a Osoba Ranch v. Brewster County.

This case has been referred to as the “Mills Road Case.”

Mills Road is a very old county road in far northeast Brewster County. The road serves a number of ranch families and local businesses.

At the trial in 394th District Court, the county introduced evidence of public use and county maintenance of the road dating back at least to 1940.

Combined with Benge Road, Mills Road forms a loop up to and around the foot of the Glass Mountains. Mills Road serves as emergency access when U.S. Hwy. 67 is closed, and provides access to firefighters during wildfires.

In the Mills Road case, the plaintiffs sued the county, claiming that Mills Road was private and seeking to close the road to the public.

Based on the historic, long-standing public use of the road and maintenance by the county, and the importance of the road for ranch commerce and emergency access Commissioners Court sought to keep Mills Road open.

The county was represented by Brewster County Attorney Steve Houston.

The trial was held before visiting District Judge Mickey R. Pennington, who found Mills Road to be a county road, and awarded attorneys fees to Brewster County.

That judgment has now been upheld on appeal.

••••••

The following contains a bit of background on the issue, testimony at the 394th District Court trial, and part of the 8th Court of Appeals decision-making process.

Background

Appellants own a 9,000-acre ranch known as Osoba Ranch, which borders U.S. Highway 67 and is located primarily in Brewster County, Texas. A dirt road known as Mills Road runs through Osoba Ranch.

On June 7, 2005, the Commissioners Court of Brewster County notified appellants that it had designated Mills Road as a county road on its county road map. Appellants were also notified that they had two years from June 7, 2005, to file suit and contest the county's road designation.

On March 15, 2007, appellants filed suit pursuant to the Texas Declaratory Judgment Act and Chapters 258 and 281 of the Texas Transportation Code challenging the designation of Mills Road as a county road. In part, appellants sought a declaratory judgment that Mills Road is a private road and not a county road and that the county had not acquired an interest in Mills Road through implied dedication.

The county answered that the roadway was dedicated to the public use as a public roadway by appellants’ predecessors in title, by the public’s acceptance of the dedication, by the public use of the road as a public roadway, and noted that such public use has continued to the present time. The county also alleged that the origin of public use and the ownership of the land at the time of its origination could not be established. The county petitioned the trial court for a declaratory judgment that Mills Road is a county road and requested an award for reasonable and necessary attorney’s fees. In its response to appellants’ request for admissions, the county admitted that it had not acquired title to the road by condemnation and that it had never paid appellants for the road. The county further admitted that it had never adjusted or refunded the ad valorem taxes assessed against appellants or their predecessors in title for the road’s surface area.

After a bench trial, the trial court determined that Mills Road was a Brewster County road pursuant to Chapter 258 of the Texas Transportation Code, impliedly dedicated to public use, with a width of thirty feet. The trial court ordered appellants to pay the county $27,143 in attorney’s fees and awarded conditional attorney’s fees on appeal. No findings of fact or conclusions of law were requested. This appeal followed.

Evidence presented at trial

During a bench trial, both appellants and the county presented witness testimony regarding the history and use of Mills Road. Several documents were also entered into evidence including: (1) maps dated in the 1920s which depict the road now known as Mills Road; (2) a 1941 plat completed by John Stovell, the county surveyor in the early 1940s which shows that the road in question was a county road; (3) a 1954 map created by the U.S. Department of the Interior survey which identifies the road in question and describes it as an improved light-duty road; and (4) a traffic map of Brewster County dated 1962, prepared by the Texas Department of Transportation in its regular course of business which characterizes the road in question as a bladed earth county road.

At trial, Travis Roberts, chair of the Brewster County Historical Commission, testified that in his opinion, Mills Road could have started as a game trail and then became a wagon road that went from Marathon through the mountains to Hovey (now a ghost town). He explained that Hovey was a railroad depot and that the road in question was important to the commerce of Brewster County.

Through video deposition, King Terry, who was born in Alpine, testified that he first recalls being aware of Mills Road in the late 1930s and that the road had been there before his time. Terry testified that the road could be used by the public and if they used the road to go to Hovey it was because there was a railroad station, shipping pens and a general store there. Terry stated that there had always been rabbit hunters and that sort of thing on the roadway. Terry further testified that when he went to work for the state highway department in 1950, the county maintained the road.

The video deposition testimony of Homer Mills, a longtime resident of Brewster County, indicated that Mills Road runs through a ranch his grandfather purchased in 1927. Mills testified that he has always considered the road to be a county road and that people used to call the road the “old county road.” He further testified that the county put water diversions in the road in the mid-1950s. Mills stated that the county has always maintained the roadway and that Clyde Trimble, a county employee, worked Mills Road. Mills further stated that to his knowledge no one had to get permission to drive Mills Road.

Asa Stone, Brewster County Commissioner for Precinct 1, and head of the Road and Bridge Department, testified that he did not know when Mills Road came into existence, but that it had been there all of his life. He further testified that from his earliest recollection of Mills Road in the early 1950s until the present, the county has regularly maintained the road, including the cattle guards and 67 water turnouts on it. Stone stated that the road is caliche and the county has hauled caliche out there. Stone testified that he has never seen any private landowners maintaining the road and that the county has never felt like it has to ask permission to go onto Mills Road. Stone testified that Mills Road is used by commercial people, families going back and forth, children going to and from school, emergency management coordination, the county, and forest service crews. He also testified that the road has been used to reroute traffic during emergency situations on Highway 67.

Delmon Hodges partnered with Paul McCollum, appellant Kathleen McCulloch’s father, in purchasing property in Brewster County over which Mills Road traversed. By video deposition, Hodges testified that he did not know what Mills Road was called in the past, but his understanding in the early days was that it was a public road. Hodges testified that prior to him owning an interest in the property, he hunted along the roadway. He testified they purchased the property long before 1978, and that during his ownership the county came out and maintained the road and put caliche on the road and never asked permission to travel on the road. Hodges testified that during his ownership, neither he nor his partners posted any private property or no trespassing signs.

Appellant Kathleen McCulloch testified that her father, along with Delmon Hodges and others, purchased property in Brewster County. After her father passed away, she became executrix of his estate. McCulloch testified that her law partner prepared the deed of trust assigning her and her husband an interest in Osoba Ranch and that they inserted Mills Road as a permitted encumbrance in the deed so that any prospective purchasers would be put on notice that an unrecorded easement for a county road existed.

Appellant Michael McCulloch testified that when he and his wife signed a deed giving them a 1/8 interest in Osoba Ranch, he knew that the deed contained a permitted encumbrance for an unrecorded easement for the county road. He stated that Mills Road is a well-traveled road that is used by the public. McCulloch testified that he did not know when the public started using Mills Road and did not know who the landowners were at the time the public began using the roadway. He further testified that he had seen the county grading Mills Road with a maintainer, but he had also seen David Drennan, his partner, do the same. He further testified that he never spent any money to maintain the road. He also testified that neither he nor his in-laws, his predecessors in title, ever attempted to exercise any private right to Mills Road such as putting up a gate.

Analysis

The record before us contains testimony of several witnesses who were familiar with Mills Road and who testified that the road has always existed. However, none of the witnesses testified about the origin of the public use or the land ownership at the time the public use originated. Because the record does not contain any evidence of the origin of the public use and the ownership of the land at the time it originated cannot be shown, the origin of Mills Road is “shrouded in obscurity.”

A presumption of dedication is established when there is a long and continuous public use of a road whose origin is shrouded in obscurity. (Baker, 172 S.W.3d at 89–90; Graff, 947 S.W.2d at 637)

The record shows that the county conclusively established a long and continuous public use of Mills Road. The testimony revealed that neither appellants nor their predecessors in title tried to assert that the road was a private road. The testimony of several witnesses indicated that no one needed permission to travel along the road and that the road was open to the public and in use since at least the 1940s. Moreover, the evidence also shows that the county regularly maintained the road since at least the 1950s and has continued to do so since that time. In addition, Mills Road appears on historical maps as a county road and at least one plat dated 1941. Appellants failed to present any evidence rebutting the presumption that Mills Road was impliedly dedicated to public use.

When viewed in a light most favorable to the verdict, more than a scintilla of evidence exists that Mills Road was used by the public for a long and continuous time. (City of Keller, 168 S.W.3d at 822)

Because the origin of Mills Road is shrouded in obscurity and there is evidence of long and continued use of the road by the public there is a presumption that the landowner intended to dedicate Mills Road. (Baker, 172 S.W.3d at 89–90; Graff, 947 S.W.2d at 637; Reed, 155 S.W.3d at 671–72)

Therefore, we conclude that the evidence is legally sufficient to support the trial court’s judgment that Mills Road was impliedly dedicated as a public road and we uphold the trial court’s judgment that the road in question is a public road. (Baker, 172 S.W.3d at 89–90) Because legally-sufficient evidence supported the trial court’s judgment that Mills Road was impliedly dedicated to public use, we need not address Issues Two and Three. Issues One, Two, and Three are overruled.

Conclusion

We affirm the judgment of the trial court.

Brewster County officials sworn in

Photos courtesy Conrad J. Arriola Jr./Brewster County
Brewster County newly-elected and re-elected officials were sworn in Wednesday morning by County Judge Val Clark Beard. From top: Pct. 4 Commissioner Mike “Coach” Pallanez, Pct. 3 Commissioner Ruben Ortega, Pct. 1 Commissioner Asa “Cookie” Stone, Tax Assessor-Collector Betty Jo Rooney, Constable Cornelio Vega, Constable Henry Ogletree.

Brewster County Jail booking log for week of Dec. 17-23

Dec. 18
Dominique Krysel Vega, unauthorized use of vehicle, APD
John Paul Schwartz, driving while intoxicated, BCSO

Dec. 19
Manuel Alejandro Ramirez-Rodriguez, possession of marijuana w/intent, HIS

Dec. 20
Philip Scott Perry, burglary of building, APD
Julie Ann Pena, criminal mischief, APD

Dec. 23
William Melendez-Burgos, public intoxication, APD
Kyle Graham Stanley, possession of marijuana, BCSO

Brewster County Sheriff’s Office blotter for week of Dec. 17-23

Calls: 80
Investigations: 22
Traffic stops: 41
Citations issued: 32
Civil process: 12

Offenses/incidents

Dec. 17
Possible theft, Brewster County, caller reported a package taken from porch/report taken/investigating
Accident, Terlingua, caller reported minor accident in establishment parking lot/vehicle was made drivable, subject followed to motel/cleared

Dec. 18
Possible homicide, Brewster County, report of possible homicide approximately one year ago/investigation ongoing
Business alarm, Alpine, caller reported alarm/investigated/no entry/cleared
Request officer, Terlingua, caller reported dog bite/animal quarantined/cleared

Dec. 19
Alarm, Alpine Middle School, investigated/staff activated/cleared
Alarm, Alpine High School, investigated/staff activated/cleared
911 call, Brewster County, caller reported illegals seen by river/investigating
Arrest, Alpine, vehicle stopped and searched/3 males arrested

Dec. 20
Agency assist, Brewster County, Fort Stockton Police Department advised of 18-wheeler leaking gas/investigating

Dec. 21
Request officer, Alpine, caller reported he wanted criminal trespass citation served on individual/officer investigated/citation served
Request officer, Terlingua, caller reported person trespassing on property/investigated/individual was on property legally/cleared
Reckless driver, Alpine, caller reported a truck ran car off road and nearly struck a semi head-on/investigating
Request officer, Terlingua, caller reported damage to equipment and wanted to file complaint/report taken

Dec. 22
Request officer, Alpine, caller reported small fire on property/investigated/no damage/cleared
Accident, Marathon, Big Bend National Park reported vehicle rollover on Hwy. 385/no injuries/cleared

Dec. 23
Welfare check, Alpine, caller requested officer check on family member/individual OK/cleared
Agency assist, Marathon, U.S. Border Patrol requested deputy at Hwy. 385 checkpoint for personal use/arrest made
Alarm, Alpine Elementary School, investigated/staff activated/cleared
Animal Control/cattle, Alpine, caller reported loose cattle on N. Hwy 67/rancher contacted/cleared
Possible domestic, Alpine, arguing heard at residence/investigated/cleared
Suspicious vehicle, Alpine, unknown vehicle parked and unattended at business/investigated/cleared

A reminder: “No Refusal” effort to combat DWI during New Year’s holiday period

Suspected drunken drivers who refuse a breath test in Alpine and northern Brewster County will be subject to a mandatory blood draw as part of an expanded “No Refusal” New Year’s holiday enforcement period.

During the holiday period running from Friday, December 28, through Tuesday, January 1, Alpine Police Department, Brewster County Sheriff’s Office and the Texas Department of Public Safety will be enhancing their DWI enforcement efforts with additional law enforcement officers on patrol.

Included in this effort will be the ability of all local law enforcement agencies to get warrants and have blood tested for driving-while-intoxicated cases.

“No Refusal” means just that: Every suspected drunken driver will who refuses to comply and submit to a breath test will lead to the issuance of a search warrant and a blood sample will be taken.

The hope is that all people will take advantage of using a designated sober driver if they intend to drink while celebrating the New Year.

Don’t Drink & Drive!

The Planet’s Stupid Governor of the Week Award goes to…

Well, Texas Gov. Rick Perry (no relation to the Alpine Daily Planet’s Perrys, thank the lord) has renewed his proclamation extending the drought emergency. As we recall, Brewster County was omitted from the original proclamation “certifying that exceptional drought conditions posed a threat of imminent danger in specified counties.” We didn’t get an explanation on why Gov. Ricky left out our county, which is pretty much the color of toast. Neighboring Jeff Davis and Presidio counties are on the list, as are fellow Far West Texas entities Culberson, El Paso, Hudspeth and Val Verde. Also, our Commissioners Court has just reinstated a burn ban. So what gives, Ricky? We think he well deserves the coveted Stupid Governor of the Week Award. Meanwhile, here’s the proclamation (and why so many CAPITAL LETTERS?).

TO ALL TO WHOM THESE PRESENTS SHALL COME:

I, RICK PERRY, Governor of the State of Texas, issued an Emergency Disaster Proclamation on July 5, 2011, certifying that exceptional drought conditions posed a threat of imminent disaster in specified counties in Texas.

WHEREAS, record high temperatures, preceded by significantly low rainfall, have resulted in declining reservoir and aquifer levels, threatening water supplies and delivery systems in many parts of the state; and

WHEREAS, prolonged dry conditions continue to increase the threat of wildfire across many portions of the state; and

WHEREAS, these drought conditions have reached historic levels and continue to pose an imminent threat to public health, property and the economy; and

WHEREAS, this state of disaster includes the counties of Andrews, Archer, Armstrong, Austin, Bailey, Bandera, Bastrop, Baylor, Bee, Bell, Bexar, Blanco, Borden, Bosque, Bowie, Brazos, Briscoe, Brooks, Brown, Burleson, Burnet, Caldwell, Callahan, Cameron, Carson, Castro, Childress, Clay, Cochran, Coleman, Collin, Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crockett, Crosby, Culberson, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, Dewitt, Dickens, Donley, Duval, Eastland, Edwards, Ellis, El Paso, Erath, Falls, Fannin, Fayette, Fisher, Floyd, Foard, Freestone, Gaines, Garza, Gillespie, Goliad, Gonzales, Gray, Grayson, Grimes, Guadalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Hartley, Haskell, Hays, Hemphill, Henderson, Hidalgo, Hill, Hockley, Hood, Hopkins, Hudspeth, Hunt, Hutchinson, Irion, Jack, Jackson, Jeff Davis, Jim Hogg, Jim Wells, Johnson, Jones, Karnes, Kaufman, Kendall, Kenedy, Kent, Kerr, Kimble, King, Kinney, Kleberg, Knox, Lamar, Lamb, Lampasas, Lavaca, Lee, Leon, Limestone, Lipscomb, Live Oak, Llano, Lubbock, Lynn, Mason, Maverick, McCulloch, McLennan, McMullen, Medina, Menard, Milam, Mills, Mitchell, Montague, Moore, Motley, Navarro, Nolan, Nueces, Ochiltree, Oldham, Palo Pinto, Parker, Parmer, Potter, Presidio, Rains, Randall, Real, Red River, Refugio, Roberts, Robertson, Rockwall, San Patricio, San Saba, Schleicher, Scurry, Shackelford, Sherman, Somervell, Stephens, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terry, Throckmorton, Tom Green, Travis, Tyler, Uvalde, Val Verde, Van Zandt, Washington, Webb, Wharton, Wheeler, Wichita, Wilbarger, Willacy, Williamson, Wilson, Wise, Yoakum, Young and Zapata.

THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the disaster proclamation and direct that all necessary measures, both public and private as authorized under Section 418.017 of the code, be implemented to meet that threat.

As provided in Section 418.016 of the code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the state of disaster.

In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.

IN TESTIMONY WHEREOF, I have hereunto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin, Texas, this the 28th day of December, 2012.

RICK PERRY
 Governor of Texas

Brewster County officers to be sworn in next Wednesday

The oath of office will be administered to re-elected and newly elected Brewster County officers on Wednesday, January 2, at 9 a.m. in the Brewster County Courtroom, Brewster County Courthouse.

Our citizens are cordially invited to attend these ceremonies.

Judge Val Clark Beard
County Judge, Brewster County

How drought, wildfires might bring black bears back to Texas

Photo courtesy Ray Janiczek
A black bear spotted in Brewster County. Black bears in Texas are generally smaller than in other parts of the country.

Map courtesy University of Texas at Austin
The blue dots, added by Stateimpact Texas, mark counties where bears aren't usually spotted but were seen in 2012.

By Mose Buchele
StateImpact Texas

There are hardly any bears in Texas, but it hasn’t always been that way. Black bears used to roam the state from the Piney Woods of the east to the mountain ranges of the far west.

Then American colonists arrived.

Bear hunting was “part of the hunting culture that early Texans enjoyed,” Texas Parks and Wildlife Diversity biologist Jonah Evans told StateImpact Texas. “Eventually we wiped them out completely from the state.”

By the early 1900s there were no bears left. The nearest breeding populations remained across the border in Mexico.

“And then there were no bears in Texas for decades until they returned to Big Bend National Park, I believe it was the early ‘80s,” Evans said.

That Big Bend population in remained stable, but never expanded to other areas. In East Texas the occasional bear would wander in from Louisiana, but never stuck around to have bear babies.

And that’s how things stood until just a couple of years ago.

“In this last two years we’ve had a whole lot of dispersal, a lot of movement into other parts of the state,” Evans says.

At least 12 sightings were reported to TPWD this year alone, with bears reported even in the Texas Hill Country.

Scientists believe drought and wildfires in Mexico are driving the creatures back to Texas. And some of them are desperate enough to come closer to human settlements than they normally would in their search for sustenance.

When bears do come close to humans, experts urge tolerance and caution.

“Hopefully you can enjoy the experience of actually seeing a bear but understand that coming into these areas they don’t necessarily want to be by people,” Professor Patricia Moody Harveson, who studies bears at Sul Ross State University, told StateImpact earlier this year. “They’re looking for things because they’re missing things right now.”

“In general they’re kind of like big racoons, we recommend that people shoo them away and get back into a safe place if they can,” said Evans of TPWD.

The bears being spotted now may be the start of a repopulating of the state. We could be watching the slow return home of a species that looked like it may have been gone for good.

“I believe that some of these dispersing bears will find hospitable ranch land in Texas. And they could breed with some other bears out there,” Evans said. “The real telltale would be seeing cubs.”

Texas Parks & Wildlife Deprtment is asking Texans, especially near the border, to secure their garbage and other food stuff from bears. It also reminds people not to feed bears in the wild.

If you happen to see a black bear, please report it to Jonah Evans of the TPWD wildlife field office in Alpine at 432-837-2051, ext. 228.

ETBU hands Lobos their second conference loss, 77-60

Special to the Alpine Daily Planet

The Sul Ross State University Lobos lost their second straight conference game to East Texas Baptist University, 77-60, on Monday at the Gallego Center.

Mychal Pinson scored 22 points to lead the Lobos, while Mike Huffman provided 11 points.

In the first four minutes, both teams traded baskets to tie at 7-7. At the 10-minute mark, ETBU led 19-16. The Tigers then went on a 16-9 run over the next 8 minutes to lead 35-25 with 2:36 remaining in the first half. Sul Ross trailed 38-25 as the half ended.

The second half started much the same way as the first half, with both teams trading baskets as ETBU led 47-36 with 15:12 left. The Tigers then went on a 16-8 run to improve their lead to 63-44 with 9:37 remaining. Sul Ross couldn’t catch ETBU as the game ended with the Lobos behind 77-60.

Carlos Montiel had 9 rebounds to lead Sul Ross, while Pinson recorded 5 rebounds.

The Lobos are 2-6 (2-2 ASC) on the season and will host UT-Tyler at 5 p.m. Wednesday, December 19, at the Gallego Center.

Below are statistics provided by the Sul Ross sports information office.

Alpine ISD board meeting agenda for Wednesday

The Alpine Independent School District board of trustees will meet in regular session at 5:30 p.m. Wednesday, December 19, in the AISD Administration Building board room.

The agenda includes:

• Open forum/public comment

• Presentation by FFA public relations team, Doug Fox, sponsor

• PBMAS Improvement Plan (special education program) by Becky Watley, director of special education for the 588 Educational Co-op

• 588 Educational Co-op Special Education legal retainer agreement with Walsh, Anderson, Gallegos, Green & Trevino P.C.

• Annual report of board members’ continuing education hours

• Consideration of bid received for purchase of tax foreclosed property

• Consideration of proposed policy changes from the Policy Review Session conducted by TASB (Texas Association of School Boards) in June 2012

• Monthly reports by Darrell Dodds, director of Administrative Services

• Consent items, including board meetings of November 14 meeting and district expenditures for November 2012

• Superintendent’s report on enrollment

• Closed session on personnel; reconvene in open session and consider action on closed deliberation

• Schedule future meetings

“No Refusal” effort aims to combat DWI during New Year’s holiday period

Special to the Alpine Daily Planet

Suspected drunken drivers who refuse a breath test in Alpine and northern Brewster County will be
subject to a mandatory blood draw as part of an expanded “No Refusal” New Year’s holiday enforcement period.

During the holiday period running from Friday, December 28, through Tuesday, January 1, Alpine Police Department, Brewster County Sheriff’s Office and the Texas Department of Public Safety will be enhancing their DWI enforcement efforts with additional law enforcement officers on patrol.

Included in this effort will be the ability of all local law enforcement agencies to get warrants and have blood tested for driving-while-intoxicated cases.

“No Refusal” means just that: Every suspected drunken driver will who refuses to comply and submit to a breath test will lead to the issuance of a search warrant and a blood sample will be taken.

The hope is that all people will take advantage of using a designated sober driver if they intend to drink while celebrating the New Year.

Don’t Drink & Drive!

Brewster County reinstates burn ban

The Brewster County Commissioners Court, at its meeting on Monday (December 17), reinstated the county-wide burn ban for 90 days.

The county has banned outdoor burning except in closed containers.

No welding will be allowed on the days that “red-flag” warnings are issued.

The county has also banned certain fireworks: It is illegal to sell or use “sky rockets with sticks” or “missiles with fins” in the county through the New Year’s holiday.

For more information, contact the Brewster County Judge’s Office, 432-837-2412, or the Office of Emergency Management, 432-837-9876.

Brewster County Jail booking log for week of Dec. 10-16

Dec. 10
Willie Ben Lara Jr., family violence Class A, APD

Dec. 12
Clinton Allen Gant, possession of marijuana in drug-free zone, BCSO
Timothy Johnathon Jones, possession of marijuana in drug-free zone, BCSO
Mark Anthony Savage, possession of dangerous drug, BCSO

Dec. 13
Laura Estefania Sanchez-Chavez, public intoxication, APD
Santiago Rascon-Ortega, possession of marijuana w/intent, USMS
Jose Barnica-Avila, possession of marijuana w/intent, USMS
Ramon Hernandez-Minaz, possession of marijuana w/intent, USMS
Javier Quinteros-Nunez, possession of marijuana w/intent, USMS
Nicholas Estrada-Cortes, possession of marijuana w/intent, USMS
Crescencio Rivera, possession of marijuana w/intent, USMS
Lawrence A. Beah, possession of marijuana in drug-free zone, BSCO

Dec. 14
Clarence Albert Hare, evading arrest detention w/vehicle, BCSO
Johnnie Dempsey Wood, bench warrant, BCSO

Dec. 15
Scott Frank Brock, driving while intoxicated, APD
Richard Anthony Flood, driving while intoxicated, APD
David Allen Kilgore, possession of marijuana w/intent, USMS

Dec. 16
Jose Alberto Ochoa, possession of controlled substance/possession of marijuana, BCSO
Gloria Sylvia Shanika, driving while intoxicated, APD