Denton County Commissioners Court Denton County Pre-Trial Facility 1406 Troy H. LaGrone Drive, Denton, Texas * * * * * Formal Agenda Minutes
Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.

August 5, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 5th day of August, 2003, at 9:05 AM in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Cynthia White and Bobbie J. Mitchell were present along with County Clerk Cynthia Mitchell's representative, Deputy Clerk Kathleen Bransford.

Court opened with an Invocation by Hank Scheible, Veterans Service Officer for Denton County, followed by the Pledges to the American and Texas Flag led by LeDena Ferrell, Chief Administrator for Commissioner Jim Carter, Precinct # 1.

Mr. Scheible: Most gracious Heavenly Father, we come before You this morning praising Your name and lifting You up because You're Almighty God. We do ask Your presence here and we do claim Your promise that where two or more are gathered, there You'll be also. We know that You are here now. Father, we lift You up and ask that You would watch over the words that are said today, that this Court would be able to execute Your will, that they would have the wisdom that is necessary to lead and direct our County. We lift up all the other leaders in our land, the President and his family, all the members of Congress and their families, the leaders of our State and our local governments. Father, we just ask that You would make us aware of Your presence now as we go through this Commissioners Court, that we would be able to glorify You in everything that we say and do. In Christ's name we pray, Amen.

ITEM 17 RECESS

Briefing Agenda Item 4.A: Discussion of Changes to the Employee Insurance Plan

ITEM 18 RECONVENE 9:40 AM

ITEM 1 PUBLIC INPUT

Mildred Hawk, Denton, Texas, presented a copy of the answer from the CHOS Museum to Ms. Hawk's questions.
John L. Battey protested that the last four years of his house appraisal has included the value of his land.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Presentation of the Annual Report of the North Texas Tollway Authority, and any appropriate action. County Judge

3.B) Approve Disaster Declaration for Denton County for threat of wildland fires due to draught conditions. Fire Marshal

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0427

ITEM 2 CONSENT AGENDA

(Item 8.A pulled for further discussion and/or separate vote.)

PURCHASING

6.A) Approval of report on proceeds from Surplus Auction Sale #05-03-1560 held in conjunction with the City of Denton held on Wednesday, June 25, 2003, and any appropriate action. (Briefing 7-29-03)

6.B) Approval of award of bid for Hauling of RAP, Bid #06-03-1561, to JTM Materials Inc. for $5.98 per yard, and any appropriate action. (Briefing 7-29-03)

6.C) Approval of specifications and authority to advertise for Medical Laboratory Services, RFP #06-03-1565, and any appropriate action. (Briefing 7-29-03)

6.D) Approval of specifications and authority to advertise for Pharmaceutical Service-Public Health, Bid #07-03-1569, and any appropriate action. (Briefing 7-29-03)

6.E) Approval of specifications and authority to advertise for Lubricants and Oils, Bid #07-03-1571, and any appropriate action. (Briefing 7-29-03)

6.F) Approval of specifications and authority to advertise for Uniform Rental, Bid #07-03-1572, and any appropriate action. (Briefing 7-29-03)

6.G) Approval to declare Cisco 2514 router as surplus and use as trade-in toward the purchase of a Cisco 2621XM router and any appropriate action. (Briefing 7-29-03)

BUDGET

7.B) Approval of Budget Amendment Request #101590 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for Probate Court in the amount of $19,100, and any appropriate action. (Briefing 7-29-03)

7.C) Approval of Budget Amendment Request #101600 for Shop Tools and Equipment for Centralized Road & Bridge in the amount of $41,709, and any appropriate action. (Briefing 7-29-03)

7.D) Approval of Budget Amendment Request #101650 for Computers for County-Wide Technology in the amount of $22,030, and any appropriate action. (Briefing 7-29-03)

7.E) Approval of Budget Amendment Request #101660 for Court Reporting including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for the Bail Bond Board in the amount of $750, and any appropriate action. (Briefing 7-29-03)

7.F) Approval of Budget Amendment Request #101680 for Body Transportation including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Death
Investigations/Medical Examiner in the amount of $13,500, and any appropriate action. (Briefing 7-29-03)

7.G) Approval of Budget Amendment Request #101690 for Computers for District Court Administrator in the amount of $1,470, and any appropriate action. (Briefing 7-29-03)

7.H) Approval of Budget Amendment Request #101700 for Office Machines for Sheriff's Department in the amount of $1,512, and any appropriate action. (Briefing 7-29-03)

7.I) Approval of Budget Amendment Request #101710 for Dust Control Expense for Centralized Road & Bridge in the amount of $16,000, and any appropriate action.

7.J) Approval of Budget Amendment Request #101760 for Office Supplies for Justice of the Peace, Precinct #6 in the amount of $1,605, and any appropriate action.

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, July 22, 2003 - Formal Session, and any appropriate action.

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0428

ITEM 8 HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. Interviews were conducted as set forth in the Denton County policies adopted by the Commissioners Court, except as otherwise stated in the appointment orders. These appointments are within the budgetary constraints.) Michael Hendrix, Deputy Sheriff, Sheriff's Dept.; Allen Gibson, Investigator - CID/Sheriff's Dept.

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0429

ITEM 5 AUDITOR/TREASURER

5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)

ADDITIONS TO -
GENERAL, JP # 4, $ 3.81 to JP # 4 for Bank Correction;
S.O. TRAINING, $400.00 to Denton Chamber of Commerce, registration fee for Greg Leveling.

Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White, nay)
Court Order 03-0430

5.B) Approval of: a) Refinancing existing debt issues in NPV savings if 3% can be achieved; and b) the selection of a financial advisory firm for debt issues, and any appropriate action. (Formal 7-29-03)

5.B-1) Move to authorize our financial advisory firm to pursue the refinancing of current debt issues if they reach the county's benchmark and the selection of Southwest Securities as our financial advisory firm for Denton County by Judge Horn, seconded by Comm. White.
Motion Rescinded

5.B-1) Move to approve the selection of Southwest Securities as our financial advisory firm for Denton County by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0431

5.B-2) Move to authorize our new financial advisory firm - Southwest Securities - to work with our County Auditor in refinancing old debt by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0432

ITEM 12 SHERIFF

12.A) Approve request to accept Continuing Grant Funding in the amount of $598,779 from the Office of the Governor-Criminal Justice Division for the North Central Texas Narcotics Task Force Grant Year
2003-2004, and authorizes the Issuance of a Commissioners Court Order and Resolution for same, the total program is $798,372, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0433

Commissioners Court was presented with a plaque in appreciation of their support from the Commanders & Administrators of the North Central Narcotics Task Force.

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION

13.C) Approval of re-appointment of Howard Hunt to the Denton County Child Protective Services Board. Commissioner, Precinct #2

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0434

13.D) Approval of public members, drawn from the 2002 Grand Jury, to serve on the Denton County Salary Grievance Committee for year 2003, and any appropriate action. Aide to the Court Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 55) (Court returned to this item.)

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14.C) Approval of Amendment #1 to the Contract between the Texas Commission on Environmental Quality and Denton County, Texas, for the AirCheck Texas Repair and Replacement Assistance Program,
Contract #582-2-55082-05, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0 (Mitchell absent for vote)
Court Order 03-0435

13.D) Approval of public members, drawn from the 2002 Grand Jury, to serve on the Denton County Salary Grievance Committee for year 2003, and any appropriate action. Aide to the Court Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 57)

14.B) Approval and implementation of the revised Denton County Vehicle Use Policy and any appropriate action. (Formal 7-29-03)
NO ACTION - REPOST

ITEM 16 ADDENDA

16.A) Approval of Ex Officio Road Commissioners Rules and any other appropriate actions needed to implement the Ex Officio Road Commissioner System of road and bridge administration pursuant to Texas Transportation Code Chapter 252, Subchapter A, as approved by Commissioners Court on May 25, 2003. DA/Civil

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the right to exercise its discretion and may convene in executive session as authorized by the Texas Government Code §§551.071, et seq. on any of the agenda items.
For purposes permitted by Texas Government Code, Section 551.071 - Contemplated or Pending Litigation or Settlement Offer, Section 551.072 - Real Property, Section 551.074 - Personnel Matters, and Section 551.076 - Security.

ITEM 17 RECESS 12:28 PM
ITEM 18 RECONVENE 2:10 PM

15.A) Real Property: Texas Government Code, Section 551.072: Real Property.

15.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076.

15.C) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Luther Joe Lee, individually and as Trustee of the Dorothy LaVerne Lee Testamentary Trust, Frankie Jo Robbins, individually, as Trustee of the Jason Lee Robbins 1994 Irrevocable Trust, and as Trustee of the Jon Mark Robbins 1994 Irrevocable Trust, Jon Mark Robbins and Jason Lee Robbins v. Town of North Lake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-362, pending in the 362nd District Court of Denton County, Texas.

15.D) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, Cause No. 02-00-00358-CV, pending in the 2nd Court of Appeals of Texas at Fort Worth.

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); DENTON COUNTY, TEXAS, v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., n/k/a HUNT CONSTRUCTION GROUP, INC., AND R.C. SMALL & ASSOCIATES, INC.; Cause No. 2001-40738-362, pending in the 362nd District County, Texas.
NO ACTION ON ITEMS 15.A THROUGH 15.E

15.F) Consultation with Attorney: Texas Government Code, Section 551.087; Deliberations regarding Economic Development Negotiations for Project Mason.

Move to approve the recommendation of the Criminal District Attorney's Office, Civil Division, for Commissioners Court to ratify the execution of a confidentiality agreement with Project Mason for economic development negotiations by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0436

ITEM 16 ADDENDA

16.B) Approval of the Interlocal Cooperation Agreement between Denton County and Northwest Independent School District for Absent Student Assistant Program, and any appropriate action. DA/Civil

Move to approve by Judge Horn , seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0437

16.C) Approval of Amendment to the Construction Agreement between Denton County, Texas and Lake Ridge Group, Inc., and any appropriate action. DA/Civil

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0438

ITEM 13 OTHER DEPARTMENTS

13.B) Approval of any possible action related to the Confederate Monument water fountains. Commissioners Court

PUBLIC INPUT ITEM FROM HANK SCHEIBLE, VETERANS SERVICE OFFICER FOR DENTON COUNTY

ITEM 16 ADDENDA

16.A) Approval of Ex Officio Road Commissioners Rules and any other appropriate actions needed to implement the Ex Officio Road Commissioner System of road and bridge administration pursuant to Texas Transportation Code Chapter 252, Subchapter A, as approved by Commissioners Court on May 25, 2003. DA/Civil

16,A-1) Move to approve the packet presented to Commissioners Court minus the green road policy by Comm. White, seconded by Comm. Mitchell.
Second withdrawn by Comm. Mitchell.
Seconded by Judge Horn.
Comm. White amends her motion as follows, seconded rescinded by Judge Horn.

16.A-1) Move to approve the Blue Policy for Road & Bridge's Aubrey/Eastern Division by Comm.
White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0439

16.A-2) Move to approve on the Steps on Reorganization of Road & Bridge a beginning date of August 25, 2003 by Comm. White, seconded by Comm. Carter.
Comm. Carter withdrew his second.

16.A-2) Move to approve the fiscal 2003-2004 budget of the Road & Bridge System by Comm.
White, seconded by Comm. Carter.
Motion Resecinded

16.A-2) Move to approve the Road & Bridge Budget for fiscal years 2003-2004 with the reclassification of Hank Ogden and the salaries for the Directors of Public Works be $96,901.00 for Kelly Zwinggi and $92,000.00 for Jack Dyer by Comm. White, seconded by
Judge Horn.
Motion Carried 3-2-0 ( Mitchell & Jacobs nay)
Court Order 03-0440

ITEM 7 BUDGET

7.A-1) Move to approve a $4000 salary increase for Danny Brumley due to his becoming a Department Head by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Failed 1-4-0 (Jacobs aye)

16.A-3) Move to approve departmental policies as presented under the Ex-Officio System by Comm.
White, seconded by Comm. Carter.
Comm. White rescinded her motion
Comm. Carter rescinded his second.

ITEM 17 RECESS 3:20 PM
ITEM 18 RECONVENE 3:45 PM

ITEM 7 BUDGET

7.A) Approval of any action related to the 2003/2004 Denton County Budget.

(The following is an attempt to provide only the highlights of this budget work
session. The motions are official upon review by the Budget Director, the Chief of
the Civil Division of the Criminal District Attorney's Office and the approval of
Commissioners Court. For a viewing of the entire proceedings, please contact the
Information Services Department for a video, the website at dentoncounty.com or the
County Clerk's office for the audio tapes.)

AGENDA ITEMS

1. Health Insurance Plan
2. Pre-Trial Facility Opening
3. Raises
4. Tax Rate Update
5. Reclassification Recommendations
6. Commissioners Court Proposed Reductions
7. Retirement Plan Options
8. Non-Profit Organization Funding
9. Road and Bridge Reorganization
10. Public Defender System Report
11. JP/Constable Statistics
12. Holiday Lighting Committee Request
13. Appeals & Other Discussion
14. Reports Requested for Next Meeting
15. Future Agenda Items

Judge Horn: Court is back in session for our Budget Workshop - we'll turn it over to you, Donna.

Ms. Stewart, Budget Director: We would ask court to discuss the Holiday Lighting request - Bob Moses is here from the Holiday Lighting Association for an appeal of $7,000.

Judge Horn: The Recommended Budget has $1,000 for this item.

Mr. Moses: Our association had assumed that we were already in both the county and city budgets for consideration this year. We learned that we were not so am apologizing for this late request. Last year both entities contributed $8,000 each to get all 16 trees lighted on the CHOS lawn. We had a great festival with approximately 8,000 people. Of those surveyed, 65% felt the lights were great and should be left on all year; 32% preferred them on only for special occasions and only 3% felt the lighting should not be used.
As a business owner on the square, I am there a lot at night, and find the lights enhance the square plus being a safety factor. It has been a struggle these past few months for the merchants on the square because of the Courthouse renovations. The lighting helps detract from the construction. The Denton Holiday Festival Association is actually better known as the Denton Holiday Lighting Association. The volunteers in this association work year around planning this one-day event. The lighting has become a financial burden - we could not afford it last year hence our request to you and the city. Our focus is to do the banners, wreaths, the staging, etc. but all of our efforts would not be same without the lighting. This is our County Seat and we as a city are proud of that. Please note that we are not yet in the city budget for this year either. We thought we were and only yesterday did we discover differently. Mike Condiff, Denton City Manager, called us today and assured us that he would personally find a way to match the funds of the county. I request of you again to help us keep those trees lit. We would establish a separate account - any monies from the city and county will be going only for the purposes of lighting. At this point, we do not have a firm estimate on their maintenance and upkeep. We know from last year what it costs to get them all working at once.

Comm. Mitchell: Will the Courthouse still be under construction in December or do we know?

Mr. Moses: It is our understanding the lawn will be torn-up. Even if the installation of the new lawn was complete, it could not stand any heavy traffic for two months. We just learned this also within the last few days. Our plans are to move the activities out into the streets, which are closed normally anyway. Since the lawn will be unavailable to us, we need the lighting even more to help create some holiday atmosphere.
Comm. Mitchell: This is a great project but I voted against it last year and am considering the same action this year because it does not benefit the cities in the southern section of Denton County. All those cities have to pay for their own holiday lighting and certainly, this court does not pay to have my building or Comm. Jacob's building lit up for Christmas. I think the southern end of the county should be getting some of these benefits but unfortunately, we don't.

Mr. Moses: Of course, it's only a short drive from your end of the county to here and this is the major Christmas celebration of our county. It's well-publicized, we're teaming up with Channel 8 - WFAA - again this year. My hope is for people from all over the county to come and enjoy this holiday event with us.

Comm. White: I appreciate Comm. Mitchell's point but this building is a major historical site in the county and just happens to be located in the City of Denton. It is appropriate to have Christmas lights around it. It is open to everyone with attractions like the band - Brave Combo - a nationally known group. This is a benefit for all of Denton County and we should support it. My understanding from last budget season is this was a two-year commitment but neither the motion nor the minutes reflected that specifically. So that $16,000 - the county contributed $8,000 with matching funds from the City - went strictly for repairs, right?

Mr. Moses: Repairs were done last year but the damage to the lights is continually occurring because of the squirrels. They chew on the insulation in the wiring. We have looked for other options but so far have not found any besides encasing the wires in conduit which would be cumbersome and ugly. At this point, my estimate is that 80% of the lights are working right now due to the fact, I believe, all the construction around the square has driven the squirrels away. When the squirrels return, I think quarterly maintenance will be necessary at a cost of $4,000 quarterly or $16,000 for one year. That is one quote I have gotten; since we have no history in this area, I feel this quote is high but have nothing to match it against. Once we have some history, our goal will be to decrease the amount of money we request each year.
Comm. White: These repairs would not take place until after the construction is over?

Mr. Moses: We have not addressed that issue with Mr. Brumley or anyone yet. The festival is on December 4 and I would like to have the cherry-pickers out there a month before to repair the lights.

Judge Horn: There might be a problem with access prior to the construction being over. The contractor is responsible for that fenced-in area until his job his completed. Coordination is needed between Danny Brumley, our legal department and the contractor before access is available to anyone. Was it just last year that the county increased their contribution to $8,000 from our usual $1,000 per year?

Mr. Moses: I believe the prior year the county contributed $10,000 for repairs and replacements to get it ready for the festival.

Comm. Jacobs: I have supported the Holiday Lighting in the past. I agree with Comm. Mitchell to some extent - Carrollton has a big festival downtown also. To clarify, did you state that the City of Denton did not have this in their budget yet?

Mr. Moses: That is correct.

Comm. Jacobs: I have a real problem with that. We should not be taking action before they do. It is their responsibility first. Mr. Cooper in our Ag Extension Program has brought another problem to our attention. We may be doing more damage to our trees with their Christmas lights than we would be by just using flood lights. I'd like to have an answer to that prior to a vote.

Mr. Moses: Regarding damage to the trees, I travel all over the country and see these lights everywhere. I can't believe they are damaging the trees because the lights are held in with staples that just penetrate the bark without reaching the wood.

Judge Horn: I will be glad to contact the City to see when this will be on their agenda and contact Mr. Cooper again. I do not believe we are ready to vote on this issue yet.

Comm. Carter: I share Comm. White's remembrance that we allocated those funds last year for two years but I do not see any reference to it in the minutes.

Ms. Stewart: The court may want to discuss non-profit organization funding as seen on Page 11 of 12 of the Changes Sheet under Health Care Relief Fund. Sandy Thurman is here.

Comm. White: Are we taking action on Appeals now?

Judge Horn: Ms. Thurman has addressed the court already on behalf of Pedi-Place.

Comm. Mitchell: I thought we could take action since she is here but if the court wants to wait, that's fine.

Judge Horn: OK. Next? Comm. Jacobs.

Comm. Jacobs: Your Honor, we need to go back to Item # 6 on the Agenda. I have an employee who has been waiting more than a week for a vote.

Comm. White: I was under the impression that was dealt with last week.

Judge Horn: The motion was made by you, Comm. Jacobs, to leave the part-time position in your office in the budget. The only way it could be removed is by a motion from someone to remove it. The motion to leave it in the budget was a 2-2 tie so it stays the same.

Comm. Jacobs: I was specifically directed to produce justification. I have that now and I would like to present it. Quite frankly, my part-time employee has been through hell. It is only fair that this issue be addressed and put to rest.

Judge Horn: We'd be glad to hear from you.

Comm. Jacobs: Last week I was very upset about this; not only because I was not informed in a timely manner even if I received a phone call the Friday prior to the Tuesday this motion was made - especially since this issue has been discussed by several other department heads or elected officials well prior to Friday. I hope in the future we will follow common courtesy. This employee is a fabulous person. Judge, you commented last week that she would have plenty of time to find another job. This person is in her sixties, widowed and she is fighting cancer so for her to not know what her future holds - despite her excellent record - your comment and the court's manner of presenting this, appeared a bit heartless. On behalf of her, I will present you with hand-outs justifying her position.
It's very difficult for me to blow my own horn so I am passing out documentation for your review of my activities in initiating projects good for the county outside of a commissioners normal scope. For instance, the following are examples of projects initiated out of my office: 9-1-1, Prisoner-Pay-for-Care Program, Loss Control Committee, Drug-Free Workplace Committee, Capital Improvements Committee -that's funding us for the next 25 years - the first and successive Transportation Committees, chaired and co-chaired two successful redistricting efforts, Veterans Advisory Committee, Adopt-a-Road Program, etc. Also, my office has championed several major road projects in addition to State Highway 121. These are not all the things I do, just those I initiated beyond my required duties.
In addition, due to my tenure, I have been appointed to several committees both internal to the county and external. (Presented appointments on the overhead.) Under State boards and committees, court has appointed me to three. Also, I have an international/national commitment as President of NASCO - North American Superhighway Coalition. In comparison - and I obtained this information from the Aide to Court's Office - I have about three times the board appointments that Comm. White has, almost the same number as the Judge. Again, not because I am better but because of my tenure.
Since I have been on board at NASCO, a lot has happened. As President, I am directly involved in day-to-day activities due to there being only one staff member. I have a letter dated August 1 from the Director of the NASCO which, among other things, outlines what NASCO is doing for Denton County and the State of Texas due to my initiatives: 78 million was allocated for federal funds directed along the NASCO Corridor; in Texas, almost 30 million was earmarked for improvements along I-35 with 9.7 million directed to the Dallas Metropolitan Area, including Denton County. Also referenced in this letter is the success of the Corridors of Economic Significance, which I initiated in NASCO which has and will bring more funding to I-35 than we have had before. It was also the NASCO lobbyists that help get our Congressman Burgess on the Transportation Committee according to Barry Brown, Chief of Staff for Congressman Burgess. (Comm. Jacobs detailed many other achievements and earmarking of funds by the United States House of Representatives for this area and particularly for the I-35 corridor.)
This kind of national attention to funding for Denton County has never happened before. A lot of work and travel is required of which Denton County does not pay for my travel - either NASCO or I pay. Am I out of the office some - Yes. Am I busy bringing home the bacon - Yes.
With the reorganization of Road and Bridge, I am now a Road Commissioner again. With all my additional work, certainly I can justify Dolores Nims, whose name has already been mentioned in the newspaper, as a part-time employee who makes $14.58 per hour. I am going to move that my part-time employee remain in the budget.

Comm. Mitchell: I am going to second that and I have discussion. I realized after our discussion last week that we had discussed only cutting grant-funded employees. Had the discussion been about cutting employees in general, I would have agreed to look initially at the part-timers. Also, Comm. Jacobs is an elected official and we are constantly reminded in court that we cannot tell elected officials what to do once we give them their budget. Each commissioner is different and has different needs. Her employee has been there for many years and this is not the place to begin cutting even if we were cutting part-time employees. I will be voting yes on this item.

Comm. White: At budget time, I see the entire budget as fair game for finding places to cut to save taxpayer's dollars. This part-time position has been on my mind for three years and I simply brought it forward for discussion. It has nothing to do with the performance of the individual. I am sure she is and has been a capable, dedicated employee for ten years just as Comm. Jacobs has been an effective commissioner. In looking for budget cuts, I look at the entire budget.
Even though I am not asking for a part-time person, comparatively speaking, Precinct One has the greatest demands as for the following: my precinct contains 17 cities, 400 + miles of roads, numerous and various meetings to attend for which I have to choose between my Chief Administrator staying by the phone for constituents' calls or sending her to meetings. I can't begin to name all the committees I belong to off the top of my head and would like to take my assistant with me to some of the meetings. I initially served on the Space Study Committee of which Judge Horn and Commissioner Carter are now on. I serve on the Personnel Policy Committee, Recycling Committee, hosted a Transportation Task-Force, and several technical committees. Also, I will be serving on the Denton Joint Tax Abatement Committee. This court assigned to me the Greater Dallas Council of Alcohol & Drug Abuse.
My proposal had nothing to do with the performance of anyone but I believe we are all free to bring forward any proposal during the budget year for discussion. If this court chooses not to act on my proposal, that is fine.

Comm. Jacobs: I will be glad to help you anytime you ask me. Just to clarify, my administrator does not travel with me except for a few times, which I pay for her or NASCO picks up the tab. Secondly, your actions speak louder than words. When your list includes only one employee, it appears you are isolating my office. I will take your word that this is not personal. As we go forward in this new venture of Ex Officio Road Commissioners, please take me at my word that I will be glad to assist you anytime you need help. This is the same offer I made to you on your first day on court. For all employees worried about their jobs, this vote today will hopefully put their fears to rest.

Comm. White: Comm. Jacobs, you say one thing and then another. If you want to read more into my actions than what is there, I cannot stop you. My past actions have been consistent with my position. Your presentation made it appear that I serve on only one committee.

Judge Horn: I want to advise all member of court to please let Ms. Looper know of all the committees you serve on so she may update the lists.

7.A-1) Move to approve the part-time position for Commissioner Precinct Two remain in the budget by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (White & Horn nay)
Court Order 03-0441

Ms. Stewart: The court had requested information on opening this building - the Pre-Trial Center - once this building is vacated and all offices move back to the Courthouse on the Square. Our office has met with representatives from the Sheriff's Dept. and Jail Health, with information located in your packet on Page R-117. The court asked us to bring back the least expensive option, in the Sheriff's opinion, to open this jail. Captain Davenport is here to answer your questions. The plan is to phase-in beds in this facility in two parts: the first phase would open the jail April 15, 2004 by moving 144 beds from the existing jail or barracks. Hire date for employees would be March 1, 2004. Phase Two would open 96 new beds to open on July 15, 2004 with employees hired June 1. The cost would be about 2 million dollars. The capital expenses for one-time set-up is about $455,000 as well as employee and operating expenses. The impact to next year's budget is close to 3 million dollars and an impact to the 2005 year budget of about one million dollars.
In the Law Enforcement Facility on Page R-118, an additional two employees are required. For the jail, twenty Detention Officers 1 and two DO2 positions for a total of 24 to be transferred from the existing jail to this facility with the transfer of 144 inmates. Additional positions to be added: 15 DO1s, 6 DO2s, one sergeant, two lieutenants, one captain and an Administrative Specialist. Phase Two with 96 new beds would need 20 DO1 positions.

Comm. Jacobs: I know you have worked with the Sheriff through many options. I am pleased to see this option down to 3 million - a lot less than some of the other options presented to us.

Ms. Stewart: I would agree that this appears to be the least expensive which, I think, is attributable to the phased-in approach and bringing it on mid-year versus the beginning of the year.

Comm. Jacobs: By keeping the tax rate the same means a 3% increase. By doing that, we could potentially give the employees a 2% raise costing us 1.2 million.

Ms. Stewart: To maintain the current rate would give us approximately 3.3 million minus 1.2 million leaves us 2.1 million.

Comm. Jacobs: Phase One costs about 1.2 million, right?
Ms. Stewart: Right.

Comm. Jacobs: That would still leave us a million to address some other needs.

Ms. Stewart: A clarification - just taking care of Phase One will not address the current situation of inmates on the floor. Phase Two is crucial.

Comm. Jacobs: How much are the two phases together?

Ms. Stewart: 1.6 million, leaving 1.7 million from the 3.3 million.

Comm. Jacobs: If we added the jail-opening capital items to our present tax structure, did both phases of the jail and kept the tax rate the same, we could accomplish opening the jail in 2004.

Ms. Stewart: We are also currently spending about 1.5 million on debt service by not opening the jail.

Comm. Jacobs: So with operating costs, we are spending approximately 1.7 million on this unused facility. I hate to have to talk about raising taxes - no one likes to talk about that. But, I also do not like the fact we are throwing away 1.7 million dollars of the taxpayer's money a year because we have not addressed opening up this facility. I would like the court to reconsider their decision on the tax notes because this should be looked at an investment for the long run.

Judge Horn: I am adamantly opposed to changing our decision on the tax notes that we have already voted on. I would like to find another option. How much of the set-up of $455,000 is capital?

Comm. Jacobs: While she is working on that, I'd like to point out that if we stayed with the same tax rate and got 3.3 million, we could take that $455,000, or whatever that figure is, and still have money left over to address some of our other needs.. We could open the jail this year without changing your tax notes, do both phases and open this jail without having to spend another 1.7 million.

Judge Horn: That is my intention.

Comm. Jacobs: So we can do all three by keeping the same tax rate.

Ms. Stewart: About $250,000 is capital.

Ms. Stewart: As to Jail Health on Page R-135, this option includes transferring four positions from the existing Jail Health staff with the addition of two DO2s, one lieutenant and six DO3 positions. This staffing would be sufficient for the additional 96 beds - nine new staff and four transferred. This decision drives a lot of what happens through the budget process.

Judge Horn: Originally, the capital expenses was around $600,000, wasn't it?

Ms. Stewart: That is because we are not opening the full facility - we're just looking at the two phases. Completion of the facility, fully equipped for future expansion, has not been factored into these figures I gave you.

Judge Horn: This expense could be placed in tax notes in the next budget year.

Ms. Stewart: That makes sense for some items, perhaps not for computers. The Sheriff's Dept. has made significant cuts from what we originally saw. Some of the items on the original list have been cut to be paid with jail commissary funds.

Comm. Jacobs: The Sheriff has worked and brought forth a compromised option that I have not seen before. Judge, when are you suggesting another tax note option?

Judge Horn: My thought is to address it after October 1 as a separate tax note issue.

Comm. Jacobs: That would be great. Doing them again in October would not add to the tax notes we just passed last week. Does that mean we could do the tax notes for the entire $455,000?

Ms. Stewart: Yes.

Comm. Jacobs: So we could do the tax notes for the entire set-up expense and still do the phase-in in a timely manner….meaning we would still have to stay near or at our existing tax rate to do all of this. We need four of the five members to vote on the tax rate and unfortunately, I will not be able to be here tomorrow for our budget work session.

Judge Horn: Donna, I understand you have priorities established over and above your recommended budget. Taking all that into account - such as the fact we have something like 39 vehicles with over 100,000 miles on them - and keeping the tax rate the same, how much would be left.

Ms. Stewart: That would take some time to figure - several new hires that I consider top priority total about $370,000. It would cover all the vehicles that have been appealed plus other appeals that concern me. Perhaps at tomorrow's meeting, members could bring their priorities and we could begin a list.

Comm. Jacobs: Since I will not be here tomorrow Donna, your priorities are my priorities. One more I would add would be under Records Management in which Theresa informed me that if she spent $65,000 now she could save $300,000. I would like to look at her creative, cost-saving method for improved technology and use of fewer man-hours. I would like to see an additional $25,000 for Pedi-Place. I would like the libraries to stay the same with the two additional libraries. I am worried about MHMR but I do not know if there is an answer.

Ms. Stewart: What we have included in the Recommended Budget for MHMR is $30,000 more than the committee recommended. That would maintain the current rate.

Judge Horn: I do not want to take a vote on the proposed tax rate until all members are present.

Ms. Stewart: That is on our schedule for next Tuesday.

Judge Horn: My aim is for 3% above the calculated effective and not a fraction over - that would be less than last year's tax rate but 3% above the calculated effective.

Comm. White: I would like to keep it at this year's effective rate. What you just proposed, Judge, is a tax increase.

Judge Horn: Your calculated effective tax rate this year is considerably less than last year's tax rate and in between those two figures is the Notice & Hearing Rate. You can adopt up to and including the Notice and Hearing Rate without the requisite quarter page ad and holding the hearings, etc. It is a three percent increase over the calculated effective rate, as Comm. White stated, but less than last year's tax rate. I understand and appreciate your position, as stated last year also, Comm. White. There is a lot to address in this budget and my priorities are to meet the needs of the county with one being the opening of this jail. Another is our 39 vehicles with over 100,000 miles on them.

Comm. White: I agree that we do have tough issues facing us. People on a budget with a car having over 100,000 miles cannot go out for another car. They drive them beyond 120,000 miles. It would be nice if we could address this issue, but it's no different than any person out there facing their own personal budget.

Ms. Stewart: Some clarification on jail expansion and this is not on any page before you. The Sheriff wants you to understand that if you were to back-fill the positions you are moving from the old jail, we would have to hire new employees. That expense is not included in here.

Judge Horn: It was my understanding that once those inmates are moved, the Sheriff is looking to refurbish the old jail before filling it again. That will take some time - perhaps into another budget year. Do we need to be addressing the replacement staff in this budget?

Captain Davenport: I am assigned to the jail division. I do not believe that back-fill would have to happen in this budget year. The numbers for 2004-05 budget year did not address replacing the staff either in the medical section or jail health or operations and support section of the detention division.

Ms. Stewart: This time next year we may be bringing you an alternate proposal to phase-in another set of beds or back-fill the old jail. Captain Davenport, Jona Blackmon and Doug Sanders put in a lot of hours to bring you this proposal and I want them to know how much I appreciate their efforts. This is about the 12th option we have come up with but we feel good about this proposal.

Judge Horn: Best numbers I have seen, for sure.

Ms. Stewart: Since Comm. Jacobs will not be here tomorrow, we should discuss the Public Defender System she asked us to research. On Page R-81 is the information and Martha did a lot of work to come up with some statistics and comparisons.

Comm. Jacobs: I appreciate your efforts, Martha and Donna, but no matter what we do about court appointed attorneys for indigents, no matter what Senate Bill 7 says, no matter the time I have spent on committees - one met periodically for a whole year - it is not going to work if the judges do not agree to it. And our judges do not agree to it. There is an argument as to whether or not it is a cost-saver. Jim Jackson from Dallas County says it does save money for those who use it. We could debate and compare all day but it will not bring us any closer to a resolution without the cooperation of the judges. I am about ready to give-up after trying for twenty years to save money in this area. I truly believe we could save more money than our present system. Until something happens in the state legislature, I do not foresee any changes.

Ms. Stewart: I won't spend a lot of time on this, but on Page R-81, there is a summary of about nine counties that were surveyed. Dallas County is the main participant in a Public Defender System. All their district courts use this system in some manner. They spent 8.3 million dollars on assigned council during a nine-month period and 1.6 on the Public Defender System. In the Dallas county courts with thirteen judges, 12 use the public defender system at a cost of 2.4 million and 1.1 million for assigned council. Comm. Jacobs is exactly right - the only way this can be initiated is upon written approval by a judge of a county or district court. On Page R-91, there is information regarding the DA's budget in Dallas County with 341 fulltime employees. Public Defender System information is on Page R-94 with a budget of 5 million dollars with a total of 69 employees. On Page R-97 is a report from the Texas House of Representatives regarding Senate Bill 7 and an older report from November of 1999 on Page R-105 called "The Best Defense", giving pros and cons of both systems.

Judge Horn: Appreciate your efforts to pull all this together. Let's call it a day. We are adjourned until 9 AM tomorrow morning.

This set of minutes for August 5, 2003 was compiled by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.