 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
August 12, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 12th day of August, 2003, at 9:00 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 Bob Garsee, Chaplain for the Denton County Sheriff's Office, followed by the Pledges to the American and Texas Flag led by Jim Heath, Liaison for the Denton County Historical Commission.
Mr. Garsee: Our Father, we thank You for living in a free country where we can elect officials to conduct the business of our County. And I lift each one of these up to You this morning, Heavenly Father, for the great responsibility that they have, that it's more that a yea or a nay but the decisions that are made here today will affect many, many families. And we do praise Your holy name and we thank You that You will direct us and direct us and that You will correct us and guide us. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Hank Scheible, Veteran's Service Officer, introduced to the court Ms. Shirley Mathis from the Consumer Affairs Division of the Veterans Administration Office in Washington, D.C.
Captain Greg Leveling of the Denton County Sheriff's Department, Douglas Lee, President of the Denton County Law Enforcement Association and Captain Bob Powell of the Sheriff's Department, all urged the court to budget a cost of living raise for the employees of Denton County.
Comm. Jacobs presented an option on opening the jail on August 1, 2004, rather than July 1, 2004, allowing for a two percent raise for employees based on court adopting a three percent over the calculated effective tax rate.
ITEM 2 CONSENT AGENDA
(Items 7.G, 10.B & 14.E pulled for further consideration and/or separate vote.)
TREASURER
5.C) Approval of Payroll.
PURCHASING
6.A) Approval of specifications and authority to advertise for Vehicle Parts, Bid #07-03-1573, and any appropriate action. (Briefing 8-5-03)
BUDGET
7.B) Approval of Budget Amendment Request #101720 for Computers and Computer Software for County-Wide Technology in the amount of $1,857, and any appropriate action. (Briefing 8-5-03)
7.C) Approval of Budget Amendment Request #101730 for Copier Supplies including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Print/Mail
Department in the amount of $12,000, and any appropriate action. (Briefing 8-5-03)7.D) Approval of Budget Amendment Request #101740 for Contract Services for Juvenile Justice Alternative Education Program for a total of $115,000, and any appropriate action. (Briefing 8-5-03)
7.E) Approval of Budget Amendment Request #101750 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $11,771, and any appropriate action. (Briefing 8-5-03)
7.F) Approval of Budget Amendment Request #101770 for Computers for Human Resources in the amount of $2,224, and any appropriate action. (Briefing 8-5-03)
7.H) Approval of Budget Amendment Request #101800 for Training & Education for Sheriff's Communications Division in the amount of $450, and any appropriate action.
7.I) Approval of Budget Amendment Request #101810 for Vehicle Repairs for Law Enforcement Facility and Sheriff's Greenbelt Public Safety Grant in the amount of $566, and any appropriate action.
7.J) Approval of Budget Amendment Request #101830 for Computer Supplies for Sheriff's Department in the amount of $799, and any appropriate action.
7.K) Approval of Budget Amendment Request #101850 for Operating Supplies for Sheriff's Department in the amount of $3,740, and any appropriate action.
7.L) Approval of Budget Amendment Request #101870 for various line items for Public Health-Clinical in the amount of $17,900, and any appropriate action.
7.M) Approval of Budget Amendment Request #101890 for Vehicle Repairs and Equipment Maintenance for Various Sheriff's Department budget's in the amount of $2,371, and any appropriate action.
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.) Wint Mabile, Warehouse Maintenance Clerk, Elections Administration; Gary Garrison, Foreman, R & B; Velvet Lee, Juvenile Detention Officer, Juvenile Detention.
COUNTY CLERK
11.A) Approve County Clerk minutes for Denton County Commissioners Court Meeting - Budget Work Shop Session of July 24, 2003 and July 25, 2003, and any appropriate action.
SHERIFF
12.A) Approval to Accept Grant Funding for Tobacco Compliance Grant from the Office of the Comptroller, to fund the 2003/2004 grant, and any appropriate action. (Briefing 8-5-03)
LEGAL
14.B) Discussion of the Interlocal Agreements between the Town of Double Oak and Denton County, the City of Oak Point and Denton County, the Argyle Independent School District and Denton County, and Crossroads Municipal Utility District No. 1 and Denton County, for property tax collection for the year 2003 property taxes.
14.C) Approval of the Interlocal Agreements between (1) the City of Sanger and Denton County, the City of Pilot Point and Denton County, and (2) Denton County Fresh Water Supply District No. 8-B for the 2003 property taxes, and any appropriate action. (Briefing 8-5-03)
14.D) Approval of the Interlocal Cooperation Agreements between (1) Hickory Creek and Denton County; (2) Denton County Fresh Water Supply No. 9 and Denton County; (3) Denton County Fresh Water Supply District No. 10 and Denton County for property tax collection for 2003 property taxes and between Denton County and Denton County Fire District No. 1 (City of Little Elm) for collection of delinquent taxes, and any appropriate action. (Briefing 8-5-03)
14.F) Discussion of the Standard Form of Agreement for Services between Denton County, Texas, and Aber Fence and Supply Co., Inc. for metal fencing at the Pre-Trial Facility, and any appropriate action.
(Briefing 8-5-03)14.G) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Highland Village, and any appropriate action. (Briefing 8-5-03)
Move to approve Consent Agenda with the exception of Items 7.G, 10.B and 14.E by Comm.
Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0490
ITEM 7 BUDGET
7.G) Approval of Budget Amendment Request #101790 for Shop Supplies for Centralized Road & Bridge in the amount of $9,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0491
ITEM 10 PUBLIC WORKS
10.B) Approve the Final Plat of the Scenic Ridge Addition, Precinct #4, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0492
ITEM 14 LEGAL
14.E) Approval of a) the Project and b) the Interlocal Cooperation Agreement between Denton County, Texas and the Aubrey Independent School District, and any appropriate action. (Briefing 8-5-03)
Move to approve as amended: Project and I.C.A. for improvements to Pine Ridge Lane at a cost of $50,000 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0493
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approve continuation of the Disaster Declaration for Denton County for threat of wildland fires due to draught conditions, and any appropriate action. Fire Marshal
Move to approve as amended - for seven days - by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0 (Jacobs absent for vote)
Court Order 03-04943.B) Approval of a resolution approving the fiscal year 2004 financial plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended; and providing an
effective date, and any appropriate action. County JudgeMove to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0 (Jacobs absent for vote)
Court Order 03-0495
ITEM 4 PUBLIC HEARING
4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a SPECIAL USE PERMIT, Lot 4, Block B, Butterfield Junction, Precinct 1, as requested by Dan Gist and recommended by
the Lake Ray Roberts Planning and Zoning Commission and the Planning Department, and any appropriate action. Public Works/PlanningMove to Open Public Hearing by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke either for or against this Special Use Permit.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve the amendment by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0496
ITEM 5 AUDITOR
5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)
ADDITIONS TO -
GENERAL -
Emergency Management, $ 326.60 to Denver Marriott Hotel, lodging for B. Simpkins;
$ 120.00 to Brad Simpkins, Denver Travel Advance;
General $ 750.00 to John D. Ivory, Refund Ct. Appointed Attorney Fees;
TNCP - $ 8,000.00 to D. C. Sheriff, establish Imprest Fund, '03 Grant.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-04975.B) Approve Quarterly Denton County Investment Report for the Period Ending 6/30/2003, and any appropriate action. (Briefing 8-5-03)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0498
ITEM 8 HUMAN RESOURCES
8.B) Approval of changes to the employee insurance plan, and any appropriate action. (Briefing 8-5-03)
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-04998.C) Approve changes in the job descriptions in the Public Works Department and Road and Bridge in regards to the reorganization, , and any appropriate action. (Briefing 8-5-03)
ACTION POSTPONED - TWO WEEKS
ITEM 7 BUDGET
Probate Judge Don Windle spoke to the court about his two appeals - a reclassification and the establishment of a Guardianship Program.
ITEM 8 HUMAN RESOURCES
8.D) Approve vendor rates for the Denton County Benefit Plan for 2004.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0500
ITEM 9 HEALTH
9.A) Approval of TDH grant proposal for Immunization Program funding, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0501ITEM 10 PUBLIC WORKS
10.A) FOR RECORDING PURPOSES ONLY: Approval of Road Superintendent's Road Report for June 2003, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0502
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related the 78th Legislative Session. Commissioners Court
NO ACTION13.B) Approval of any action related to the Confederate Monument water fountains. County Judge
NO ACTION
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.H) Approval and implementation of the revised Denton County Vehicle Use Policy and any appropriate action. (Formal 7-29-03 & 8-5-03)
ACTION POSTPONED14.I) Approval of a Public Hearing date of August 26, 2003 to discuss and set prima facie speed limits for Denton County roads within 500 feet Castle Hills Elementary School, located within unincorporated
Denton County, the City of Lewisville's ETJ, to wit: Avalon Drive and Holy Grail Drive, and any appropriate action.
ACTION POSTPONED14.J) 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
ACTION POSTPONED
ITEM 16 ADDENDA
16.A) Approval of the Standard Form of Agreement between Owner and Contractor for Security Renovations at the Charlie J. Cole Building between Denton County, Texas, and DBR Construction Company.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-050316.B) Approval of a) the Project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for Off-System Bridge Replacement.
Move to approve with a request for Judge Horn to write a letter of thanks and appreciation to
the City of Denton by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0504
16.C) Approval of setting August 26, 2003 at 9:20 am as the date and time to
conduct a Public Hearing to take evidence on changes to the Engineering Section
of the Denton County Subdivision Rules and
Regulations.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0505
ITEM 17 RECESS 11:20 AM
ITEM 18 RECONVENE 1:40 PM
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.
Court Convened in Executive Session 1:50 PM
Court Reconvened in Formal Session 2:05 PM15,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.
NO ACTION ON ITEMS 15.A THROUGH 15.D15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Sylvia Benavides v. County of Denton, Texas, Medical Examiner Office of Denton County, Texas and John Looper, Cause No. 2003-40207-362.
Move to assign to the Criminal District Attorney's Office, Civil Division, with authorization to take any appropriate action to protect and defend the County and John Looper by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0506
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. Tax Rate Discussion
2. Pre-Trial Facility Opening Options
3. Raises
4. Sheriff - replace SUV's with Patrol Vehicle Discussion
5. Salary Discussion - Emergency Management/Fire Marshal
6. Salary Discussion - Director of Economic Development
7. District Clerk Records Management Fund Revision
8. Discussion of Tax Note 2003 Impact
9. Discussion of Other Appeals
10. Other DiscussionMs. Stewart: On Agenda Item # 4, the Sheriff asked me to inform you that if the court decides to go with my recommendation to replace the SUVs with Patrol Cars, he would need additional funding for purchasing the equipment to fit the Patrol Cars.
Judge Horn: He has SUVs now?
Ms. Stewart: Yes, and he did appeal for those SUVs to be added back into the budget. Page 7 of 12 on your Changes Sheet, halfway down the page you'll see Replace Patrol Vehicle with SUV. The next two lines shows the Operating Equipment necessary to convert back to a Patrol Vehicle. The replacement cost for each vehicle - $3,157.
Comm. Carter: The Sheriff gave us some justification for the SUVs. It appears going with the SUVs would be cost-saving.
7.A-1) Move to replace the three Patrol Cars in the Recommended Budget with three SUVs by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 03-0507Comm. Jacobs: This morning I presented court with several options letting us open the jail and provide our employees with a raise. I would like some discussion from court on these options. Option One is in the budget now with hiring beginning in April; Option Two allows the Sheriff to hire in June and Option Three he would begin hiring mid-July. Option One does not allow for a 2% raise. Option Two delays opening the jail for three months, giving us approximately $70,000 left to play with. Option Three opens the jail in November, leaving some $277,000 to work with.
Judge Horn: I would like to hear from the Sheriff. My understanding is that Jail Standards could take action regarding our overcrowding - do we want to delay opening the jail and risk that?
Comm. Jacobs: I've been in contact with Jim Jackson, Chairman of the Jail Standards Board. The information coming from him is that if we are showing good faith and funding in this year's budget to begin the process, we will not have a problem.
Sheriff Lucas: We have transferred INS prisoners out so that as of yesterday we had one prisoner on the floor and today we have none.
Comm. Mitchell: Did we not talk about adding some of this expense to the Tax Notes?Comm. Jacobs: That was Judge Horn's recommendation, to place the $455,000 in Tax Notes in October. I believe delaying the opening of the jail by three months in order to provide raises is a fair trade-off.
Judge Horn: In order to do this, we would have to go with the 3% above the effective tax rate.Comm. Jacobs: This is a plausible, doable option, depending on where the court members' priorities are.
Comm. Carter: Sheriff Lucas, how much lag time do you need once a date for opening the jail has been set?
Sheriff Lucas: 6-8 weeks.
Comm. Mitchell: Donna, how much is our library funding?
Ms. Stewart: Included in the Recommended Budget is $1.14, keeping the same bottom line figure. We received word from the Roanoke Library that they will not be participating, representing a $10,000 savings.Comm. Mitchell: How much to raise it back to $1.25?
Ms. Stewart: $1.25 per capita would be an additional $45,000 impact.Judge Horn: This may be the appropriate time for me to show on the overhead the dollar amount we're discussing for libraries. I thought it was important for everyone to realize the dollar amounts we're discussing since $1.14 or $1.25 per capita does not sound like much. The Recommended Budget reflects - @ $1.14 per capita - a total funding of $745,301. While our libraries are good and I use them myself, our first responsibility as a court is to take care of county's needs with county tax dollars. It could be argued that city dwellers are paying twice for libraries - through city taxes and through county taxes. If we go back to the $1.25 per capita, the total funding would be $790,811. We're trying to figure out how to give employee raises, open a jail, fund additional road materials, grant new hire requests for the busy departments, set-up a guardianship program, etc. Everyone has their own priorities but this pie is only so big.
I would request that the court hold tight to that $1.14 per capita recommended by our Budget Director. And, I would like to see us reduce that per capita amount by an equal proportion every subsequent year until reaching that point where city libraries in Denton County are funded with city taxes. That may mean that our residents in the unincorporated areas would have to pay more for a library card. It is a user fee.Comm. Carter: Donna, what is the amount we have in the budget right now for libraries and what did we have last year?
Ms. Stewart: $755,301right now and $745,301 from last year.
Comm. Carter: The main concern I hear from the library people is that we not cut them - they would be satisfied at keeping the same level of funding as they had last year. If we just go with last year's funding, no one would be cut.Ms. Stewart: Library funding varies from city to city. Plano Public Library is being added back on so, according to our library funding formula, that shifts the per capita rate which changes the amounts going to each library.
Comm. Carter: I am not talking about using the formula, I am recommending the same funding as the county gave last year.
Judge Horn: So are you suggesting to not add Plano?
Comm. Carter: How much is the addition of Plano?
Ms. Stewart: $15,050 is in the Recommended Budget for Plano.
Comm. Jacobs: Why would you cut Plano?Judge Horn: Plano has not requested to be added until this year.
Comm. Jacobs: Because they haven't had enough population but they sure do now. They have 4500 people - how many cities do we have in Denton County with populations under 4500 that we're funding.
Ms. Stewart: There is no reduction from having Roanoke drop out because the Library Board has always reallocated those dollars to other areas under the theory that those library patrons from Roanoke will still have to be handled by another library within the county. The only reduction would be the $10,000 matching fund.Joan Sveinsson, Director of the Library Board: Donna is exactly correct in her analysis. We agreed to bring Plano in for their value to the Denton County citizens. All residents of Denton County may use their resources. All the surrounding communities will make great use of that resource. I want to emphasize that what county library funding has done, is not just provide money to cities. That funding has provided library resources to every citizen of the county who uses them without any additional charge. Someone from another city within the county can walk into my city library and receive a library card as if they were a resident of my city. You have broken down geographic barriers to service.
There are computers in homes but that remains one of our busiest services. Libraries create a positive environment for economic development. Library funding as outlined in your Recommended Budget costs under $4.00 per average home of the county taxes. If you have priced any books recently, you know that is a bargain.Comm. Mitchell: My recommendation regards Pedi-Place - I would like to restore its funding to the original amount. I have spoken with Dr. Burton about this and without Pedi-Place, the county would have to take care of these kids anyway, since we do not have a county hospital. Should the court not determine what tax rate we're operating on?
Judge Horn: Throughout this budget process, we have continually referred to the Notice & Hearing Rate or 3% above the calculated effective tax rate -.24717.
Comm. White: I would agree with Comm. Mitchell. We need to take action on the tax rate so we know our definitive position.
Judge Horn: We can propose - not adopt - a tax rate today and we will, but first we must go through the required process.
Comm. Jacobs: I think our first priority is to decide whether we are going to include the raise or not. I believe there are three votes to increase the effective tax rate by 3%. I am wondering if there is support to delay the opening of the jail for three months so we can address the 2% raise. If a consensus is reached on those two items, the rest falls into place.
Comm. Carter: I tend to agree with Comm. Jacobs. We have two big decisions to make - when are we opening the jail and are we going to provide raises. First, we must decide the jail issue - I can support Option Two but not three because that delays the opening too late into the year.
Comm. Jacobs: Option Two includes everything in the Recommended Budget, all action this court has taken up to today plus jail opening with the hiring of employees and the 2% raise leaving $70,000.
Sheriff Lucas: Let me clarify that these options are based on the number of DO1's we now have. In the Recommended Budget, two DO1's just got erased. We will need those two positions with the opening of the jail.Comm. Carter: Is it possible to offset some of the cost of opening the jail with revenue from the jail?
Sheriff Lucas: It's less of a possibility now than it ever has been for the simple fact that by not opening the jail, I have lost the contracts to other counties and to INS. It will take longer to get them back because I will be competing with counties already housing these extra prisoners.
Judge Horn: Donna, the cost of a 2% raise is….
Ms. Stewart: $1,250,000 and deduct $30,000 for the cost of Elected Official raises.
Comm. Carter: Judge, I do not believe we have much choice but to open the jail later in the year. We will have to vacate this facility two months prior to the Sheriff moving back in. That is cutting it close if we do not leave here until December, hopefully.
Ms. Stewart: Option Two will open the doors August 1 for transfer of 144 inmates from the existing jail to this facility as well as opening 96 new beds for a hire date of June 15. Employees will begin working August 1for an impact of $882, 776 not including the start-up costs of $455,000 coming from Tax Notes.
Judge Horn: We have studied spreadsheets from Human Resources concerning position rankings. One ranks department heads, showing ours to be near to, if not at equity. I would ask the court to consider taking department heads out of that 2% increase.
Comm. Carter: I could support that but there are some inequities in some of the department heads.
Judge Horn: True, and I would be glad to address those individually.
Comm. Jacobs: If we are looking at equity adjustments, we need to look at the Elected Officials as well.
Some of those are out of kilter more than what you see with department heads.Comm. Carter: Judge, I'll remove my suggestion that we review the department heads in this budget year but I would want us to look at this area next year.
Judge Horn: Let me share with you the email I just received from Amy. Human Resources has not made equity suggestions regarding department heads but one group way out of sync is our attorneys.
Ms. Stewart: The Sheriff has expressed concerns regarding the two DO1 positions eliminated from the budget due to them being vacant for a while. Attrition could fund these positions. He currently has two positions funded this way, and at one-time he had four. I see there being enough to now fund four positions through attrition. If it becomes necessary for me to do a budget amendment later in the year, I will do so to make sure he doesn't go over budget because we chose to budget them this way. I want to allay his concerns in that area.
Comm. Mitchell: How long have these positions been vacant?
Sheriff Lucas: Positions do not go vacant. We fill a position as they come in and those just happened not to be filled. Right now we have four positions open. Since we lost these two people, I make sure we fill the last position first. Those positions could have been filled at any time and weren't necessarily open that long.
Comm. Mitchell: Did you have the money in your budget to fill them?
Sheriff Lucas: Definitely.
Comm. Mitchell: So we are guaranteed that…..
Ms. Stewart: I can't guarantee the money will be there but historically speaking, the Sheriff has helped us out when it comes to health insurance needs, he has transferred money from those slots. Unless something unforeseen happens, it appears there are sufficient funds in his budget to cover all four slots without doing a budget amendment.
Comm. Jacobs: I believe the Sheriff has a valid position. He is trying to protect his employees and, I think, he is asking us for a verbal commitment - we have never been without attrition - his employees will be paid out of our contingency. As Donna stated, many times the Sheriff came forward with his contingency to save the day.
Ms. Stewart: It appears there will be about 3 to 400,000 in the jail budget attrition for this year. This funding usually runs around a half million dollars in years past. It's a small percentage of a 8 ˝ million dollar budget.
Comm. White: How many positions does that represent?
Ms. Stewart: Probably seven or eight.
Comm. Jacobs: Judge, I would like a consensus on doing the following: Option Two which includes opening the jail three months later - including a commitment to the Sheriff to include all his employees on attrition - the 2% increase for all non-elected employees, resulting in a 3% tax increase over the effective rate.
Judge Horn: Would you include in that the removal of the Department Heads and Attorneys from the employee raise?
Comm. Jacobs: No, one step at a time. This is not a motion, just a consensus.
Judge Horn: Can we separate the increases from the jail opening.
Comm. Jacobs: Option Two is based on both of those happening - the delayed opening of the jail allows for the raises.
Judge Horn: My support on that is contingent upon removing Department Heads and Attorneys from the raise. Removing Department Heads saves us $45,000. They are in a comfortable position as far as percent of market, in my opinion. We do not have the amount saved concerning attorneys but if you will look at S-112, it shows attorneys also in a good position, percent of market.
7.A-2) Move to remove Department Heads from the 2% increase for all non-elected employees with the exception of the County Auditor for a savings of approximately $45,000 by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-3-07.A-2) Move to remove attorneys from the 2% increase for all non-elected employees for a savings of $104,000 by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-3-07.A-2) Move to approve Option Two: require an increase of effective tax rate by 3% which would pay for opening the jail on August 1, 2004 - include hiring employees mid-June and assurance from the court that the attrition positions would be paid - and a 2% raise for non-elected employees by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 1-4-0Judge Horn: The savings of approximately $149,000 by removing Dept. Heads and Attorneys from the 2% raise, would certainly help us in other areas needing funding.
Comm. Jacobs: Comm. White should perhaps try her motion for a no-tax increase, no jail opening and no raise.
Comm. White: I believe there has been enough discussion and action to indicate that it would not pass. No one is going to vote for it. If we are going to have a 2% increase, which I am not supporting, I would support the judge in her motion to remove department heads and attorneys whom are over the market. These are hard times, and as much as I would like support the raises, it is just not the year for it. I am hearing from a lot of taxpayers that they expect government at every level to tighten the reins.
Comm. Jacobs: No one here is going to disagree that our economy is down. It is a difficult decision to raise taxes but I see the 3% increase as an investment: open the jail - it has been vacant too long, we have excess prisoners and we're currently spending 1.7 million annually on it. That is a waste of money and only an investment can address that. If you agree with all the above, you have to vote for an increase in taxes. Next question, should it be opened three months later to allow another investment in our employees in the form of a 2% increase. We've had very few new hires in the last few years and our employee's individual workload increases every year. This court has concentrated its efforts are hiring fewer people. When you look at the ratio of our population to the number of employees we have, not only do we have the lowest ratio of all counties our size but we are one, if not the lowest, of the entire Metroplex. We are asking a lot of our employees and I feel the 3% is worth the investment.
Comm. White: I respect yours and the other members' opinions. I know that at some point the jail will have to be opened but I haven't seen any research, documentation, any numbers that present a clear and convincing picture of that need. Then when I see options to delay the opening, I question how can we need it but also be able to delay it?
Comm. Jacobs: I have been presented with enough information to demonstrate the need for the jail. I do not want to start shipping prisoners out at $50 per day. That can represent an enormous deficit. Plus, we are currently throwing 1.7 million down the drain every year. That alone is convincing enough for me but I respect your position.
Comm. Carter: Perhaps if we break down our actions we could move forward. We need to step up to the plate in opening this jail.
Comm. Mitchell: Granted, the jail needs to be open but I am not in favor of including the attrition positions.
7.A-2) Move to approve the opening of the jail August 1, 2004 with the 96 beds and 144 inmates including the paid attrition positions by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 03-05087.A-3) Move to approve a 2% across the board salary increase for all non-elected employees excluding Elected Officials, Department Heads and Attorneys by Comm. Carter, seconded by Judge Horn.
Motion Failed 2-3-0Comm. Jacobs: I do not believe it's in the best interests of our taxpayers to hold those selected employees apart from a raise - they are working just as hard as everyone else.
Judge Horn: Certainly they are just as hard working but when I see a salary survey indicating the percentages these people are paid above market, I can see better and more necessary uses for that amount of money. We have not even addressed our Fund Balances yet.
Comm. Jacobs: I have been championing the 2% raise and would appreciate a separation of those two motions so that I could vote for the 2% raise.
7.A-3) Move all non-elected employees get a 2% raise by Comm. Jacobs seconded by Comm. Carter.
Motion Failed 1-4-0Judge Horn: Before we can move forward, we will need a decision on this item. Comm. Jacobs: Obviously, our problem is not about the raise it's about how much money is left over. I can't see where your priorities are for the need for $149,000.
Comm. Carter: My position has always been against across the board raises. I believe people should be awarded based on individual performance. I tried to get that passed several times in the past but it has gone nowhere. We have documented evidence that our Department Heads are well-compensated.
Ms. Phillips: Our surveys included six counties and eight cities: Collin, Dallas, Fort Bend, Jefferson, Montgomery and Tarrant County; the cities of Denton, Arlington, Lewisville, Carrollton, Flower Mound, The Colony, Grapevine, Plano & Richardson. There is a difference in the subject looked at between the two: the Department Head Survey is actual salaries, the Employee Survey is minimum salary ranges.
Comm. Mitchell: I thought we had removed Dallas and Fort Worth out of our survey - why are they back in?
Ms. Phillips: That direction was given to us concerning Elected Officials. It was never given to us regarding these two surveys. We compete with these entities for employees. The Sheriff used these entities several years ago for market comparison and we wanted to continue with that comparison. I have given court several different scenarios - some with cities, some without, etc. We have given you salary information in a variety of formats.
Comm. Jacobs: In response to Comm. Carter's proposals for performance-based raises, I initiated such a system 12 years ago and it failed because there was abuse. The end result was that we were not paying individuals based on their performance in some departments - in some we were but the end result was we had to go to a Step Plan.
7.A-3) Move to approve that any salary increase we consider for our employees exclude Department Heads, Attorneys and Elected Officials by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order 03-05097.A-4) Move to approve an increase in salaries for all employees with the former motion's exclusion by Comm. Carter, seconded by Judge Horn.
Motion Failed 2-3-0Comm. Mitchell: I am for the 2% increase for everyone. No one should be excluded except for the Elected Officials.
Judge Horn: Members, what are your priorities for the left-over funds if we do approve a salary increase?
Comm. Carter: I believe the County Clerk's position will be covered by the same amount of revenue so I would vote for that item. We need to give back the half position in the District Clerk's Office. We need to address the salaries of the department heads being moved out of the Step Plan and I believe we need to address Judge Windle's request.
Comm. Mitchell: My priorities are maintaining library funding, the part-time position in Constable Pct. # 2's Office, the new hire in Constable Pct. # 3, and returning Pedi-Place to the amount funded last year.
Comm. White: James, are you saying that the revenues can be increased to offset the County Clerk's new hire?
Mr. Wells, County Auditor: That's correct.
7.A-4) Move to approve a new hire in the County Clerk's Office for an amount of $35,859, offset by the same amount of revenue by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0510Comm. White: I would support library funding remaining at $1.25 per capita.
Judge Horn: Is that a motion Commissioner?
Comm. Mitchell: I will make that motion.
7.A-5) Move to approve library funding at the $1.25 per capita for a $45,000 increase in the Recommended Budget by Comm. Mitchell, seconded by Comm. White.
Motion Carried 3-1-1 (Horn nay and Jacobs abstained)
Court Order 03-0511Comm. Jacobs: I abstained because this motion adds $45,000 to the budget and we still have not given our employees a 2% increase. I feel this should have waited until after we addressed our own employees.
Ms. Stewart: Based on court's action, our numbers show, without anything in the budget for raises, having left $1,254,950. That is going with the 3% above effective rate and includes Option Two to open the jail.
7.A-6) Move to restore Pedi-Place funding to the amount last year representing an increase of $20,958 over the Recommended Budget by Comm. Mitchell, seconded by Comm. Carter.
Motion Failed 2-2-1 (White & Horn nay and Jacobs abstained)Comm. Jacobs: Again, I abstained because we have not addressed employee raises. I would rather put our employees before the social services. After the amount is taken out for raises, we would have $54,000 left, right Donna?
Ms. Stewart: That amount would be $34,950.
7.A-6) Move to approve a 2% raise for all non-elected employees by Comm. Jacobs, seconded by Comm. Mitchell.
Motion retracted7.A-6) Move to approve a 2% raise for all employees qualified to receive one based on the previous motion - the exclusion of Elected Officials, Department Heads and Attorneys - by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order 03-0512Ms. Stewart: With that motion, you have left $ 181,000.
7.A-7) Move to restore $20,958 to Pedi-Place by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-2-0 (White & Horn nay)
Court Order 03-0513Ms. Stewart: That leaves $161,042.
7.A-8) Move to approve the part-time position for the District Clerk's Office at a cost of $ 15,996 by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 03-05147.A-9) Move to restore the deleted slot #004 in Operations at a cost of $43,005 by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-3-0Ms. Stewart: The amount of $43,005 was carried over incorrectly on the Changes Sheet - Page 6 of 12 - so that amount can be added back for a total balance now of about $187,000.
7.A-9) Move to approve the reclassification of the Probate Auditor/Law Clerk to Probate Auditor/Staff Attorney for a salary of $48,504 by Judge Horn, seconded by Comm.
White.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order 03-0515Ms. Stewart: Our balance is $173,958.
7.A-10) Move to approve $14,717 for maintenance of county-wide phones at the current level of service by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order 03-05167.A-11) Move to upgrade the Law Enforcement's 20 year old phone system, include the operation of the new phone system in the new jail and use of this system as an overflow device county-wide as recommended by the Director of Information Services at a cost of $24,780 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 03-0517Ms. Stewart: Balance stands at $134,461. The Sheriff asked to bring up his Warrant Deputy position before the money runs out.
Judge Horn: And the dollar amount on that was…
Ms. Stewart: $86,944.7.A-12) Move to approve the part-time Office Support Specialist for Constable Pct. # 2 @ $21,800 by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Failed 1-4-07.A-12) Move to approve the Deputy Constable in Precinct # 3 with the offset of one vehicle for a cost of $58,627 by Comm. Mitchell, seconded by Comm. Carter.
Motion Failed 1-4-0Comm. Jacobs: Donna, what is left on your priority list.
Ms. Stewart: On Page 6 of 12, the County Leased Facilities - the office rental for Constable Pct. # 4 is going up so that needs to be addressed.
7.A-12) Move to comply with an increased rental rate of $1200 on the office of Constable Pct. # 4 by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-05187.A-13) Move to approve the reclassification of the Fire Marshal - Jody Gonzalez - for a salary adjustment of $5,000 by Judge Horn, seconded by Comm. White.
Motion Carried 3-2-0 (Jacobs & Mitchell, nay)
Court Order 03-0519Ms. Stewart: Our balance at this point is $127,240.
7.A-14) Move to approve an additional $75,000 in Unappropriated Contingency earmarked for the purpose of forming a committee to study the Guardianship Program proposed by Probate Judge Don Windle by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-05207.A-15) Move to approve in the Sheriff's Department the Warrant Officer with a deferred hire date of November 1, 2003, with the deletion the vehicle and the operating supplies, for a cost of $50,763 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 03-05217.A-16) Move to approve the Treasurer's Computer Supply Line item for toner cartridges for the special laser check printer @ $840 by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 03-0522Ms. Stewart: There is $600 left.
7.A-17) Move to approve a $5000 reduction in Unappropriated Contingency for a salary increase for the Economic Development Director by Comm. Carter.
Motion Dies for lack of a second.7.A-17) Move to place a major jail floor repair request by the Sheriff on a "draft tax note list" for fiscal year 2004 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 03-05237.A-18) Move to reduce the budget of the CHIP Program by $10,000 and increase the revenue by
$7,000 for 0 impact to the budget by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-05247.A-19) Move to reduce the revenue and expense for the District Clerk's Record Management Fund by $7,000 due to the program not beginning until January 1, 2004 by Comm. Jacobs,
seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-05257.A-20) Move to approve $600 in Training & Education for our new Print/Mail Director by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Carter nay)
Court Order 03-0526Ms. Stewart: There is a balance of $27.00.
Comm. Jacobs: This has been a difficult budget year. Thanks for the great job by you and your staff, Donna, and to department heads, the Auditor, and everyone else who has helped us out here.
Judge Horn: We all concur.
ADJOURNMENT 6:10 PM
This set of minutes compiled by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.