 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
July 27, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 27th day of July, 2004, at 9:02 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Kathleen Bransford. (Commissioner Carter was out of town.)
Court opened with an Invocation by Willie Hudspeth, Citizen, followed by the Pledges of Allegiance to the American and Texas Flags led by Don Alexander, Elections Director.
Mr. Hudspeth: God, it's a good day. We take for granted that we can walk and get up on our own power, but there's so many who cannot. We take for granted that we live in a country, that we have freedoms that we enjoy, that we can walk without the fear of being shot at in most cases. We take for granted that we have food and plenty to eat, but I want to pause today and thank You for the fact that we have all of these. I want to thank You for our families and all that they entail for us and how they have helped us get to this point and still support us. I want to thank You for the government that we have and that we can voice our opinions and that we have leaders who will listen and help us. So God, I ask with that in mind that You govern and that You help this body govern and be the kind of organization and group and effort that You would approve. And then, God, I'd ask that You'd help me to be the kind of person that I need to be to try to get my point across. Thank you for this time. In Jesus' name I pray. Amen.
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of Appointment of Judges for the Election year 2004-2005, and any appropriate action. Elections (Briefing 7-20-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-041213. F) Approval to purchase furniture and rugs for County Judges lobby through remaining funds of the 2004 Tax Notes. Facilities
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0413
ITEM 1 PUBLIC INPUT
Willie Hudspeth asked the court to please turn on the water at the Confederate Soldier Water Fountain and also to please allow him to trim trees on County Property located by his neighborhood.
Cynthia Mitchell, County Clerk, invited all to attend the Texas Association of Counties Best Practices Award Ceremony on August 12, 2004, where she will be awarded “Best Practices Award” held in Austin at the Capitol, with a reception to follow in the Governor’s Reception Room She'll be attending the Pre-Legislative conference as a newly appointed member of the Legislative Committee for the State Association of County and District Clerks.
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of renewal for Auto Physical Damage and Liability Insurance, RFP #04-02-1485, to Texas Association of Counties, and any appropriate action. (Briefing 7-20-04)
6. B) Approval of award for Credit Card Services for Tax Payments, RFP #04-04-1615, to Certified Payments, and any appropriate action. (Briefing 7-20-04)
6. C) Approval of award of bid for Road Signs, Bid #05-04-1617, to Custom Products for Section I and Vulcan Signs for Section II, and any appropriate action. (Briefing 7-20-04)
6. D) Approval of renewal for Armored Car Services, Bid #06-03-1562, to Dunbar Armored, Inc., and any appropriate action. (Briefing 7-20-04)
6. E) Approval of award of bid for Bonnie Brae Bridge Replacement, Bid #06-04-1623, to Ashlar Contracting Company for $271,099 with $50,000 in funding from PW/Engineering Budget, Bridge Contract Labor, Seq. 2, and $221,099 in funding from the 1999 BSRP Precinct 4 Discretionary Funds, and any appropriate action. (Briefing 7-20-04)
6. F) Approval of renewal of award for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #09-03-1583, to PharmChem, Inc., and any appropriate action. (Briefing 7-20-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101610 for Juvenile Meals including the transfer of funds from Juvenile Justice Alternative Education Program Unappropriated Contingency for Juvenile Justice Alternative Education Program in the amount of $3,100, and any appropriate action. (Briefing 7-20-04)
7. D) Approval of Budget Amendment Request #101630 for Computers for County-Wide Technology in the amount of $5,362, and any appropriate action. (Briefing 7-20-04)
7. G) Approval of Budget Amendment Request #101650 for Medical Supplies for Public Health-Clinical in the amount of $18,400 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.) Leroy Ayers, Heavy Equipment Operator/R & B Pcts. 3 & 4; James Cox, Driver – Equipment Operator/R & B Pcts. 3 & 4.
ITEM 11 COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for July 13,2004, and any appropriate action.
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of the Building Usage request from the TWU Drama Department on Oct. 5 thru Oct. 9 from 7:00 pm to 10:30 pm and Oct. 10 from 1:00 pm to 4:30 Pm in the Commissioners Courtroom for the purpose of a production of NUTS, and any appropriate action. Aide to the Court (Briefing 7-20-04)
13. D) Approval of Potential Change Order #15 for the Courthouse on the Square Restoration, and any appropriate action. Facilities Department (Briefing 7-20-04)
ITEM 14 LEGAL
14. B) Approval of the Denton Central Appraisal District Resolution authorizing the purchase of real property and improvements located at 3901 Morse Street, Denton, Texas, and any appropriate action.
(Briefing 7-20-04)Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0414
ITEM 5 AUDITOR
5. A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)CORRECTION –
TNCP $ 386.22 to Texaco, reissue for $385.22 – Gasoline line item;ADDITIONS –
GENERAL –
Tax Office $ 18.69 to D.C. Tax Assessor to cover NSF Check – Ad Valorem;
S.O. $ 120.00 to Greg Leveling, Wichita Falls Travel Advance;
$ 600.00 to Sheriff’s Assoc. of Texas, Registration Fee for 3 employees;
$ 210.18 to La Quinta Inn, lodging for Michael Truitt;
$ 328.00 to Holiday Inn & Suites, lodging for Charles Fleming;
$ 189.84 to Quality Inn & Suites, lodging for Greg Leveling;
$ 120.00 to Charles Fleming, Wichita Falls Travel Advance;
$ 120.00 to Michael Truitt, Wichita Falls Travel Advance;
Operations $ 675.00 to DSS Fire & Safety for Emerg. Fire Alarm Service & Repar;
Rec. Mgmt $ 113.94 to Walgreens, Lice Control Spray.Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0415
ITEM 6 PURCHASING
6. G) Approval of the Evaluation Committee for Delinquent Tax Attorney, RFP #05-04-1622, to include Steve Mossman, James Wells, Mary Horn, Tom Keever, and Beth Fleming, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (White nay)
Court Order 04-0416
ITEM 7 BUDGET
7. E) Accept the submission of the appraisal roll for Denton County for tax year 2004 from the Tax
Assessor-Collector and any appropriate action.7. F) Presentation of the effective and rollback tax rates for Denton County for tax year 2004, and any
appropriate action.Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0417
ITEM 10 PUBLIC WORKS
10. A) Approve any road and bridge differences between Ex-Officio Road Commissioners that need to be addressed by the Commissioners Court, and any appropriate action. Commissioner, Precinct #2
10. B) Approve internal procedures for the workings between the Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
10. C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2
10. D) Approval or any action concerning the reorganization and positions within Engineering, Planning, Facilities or Road & Bridge. Commissioner, Precinct #2
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. E) Approval of the appointment of Mr. Mark Burroughs to the Lake Ray Roberts Planning & Zoning Committee, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0418
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of retaining Grace Weatherly to represent Denton County in the James Patton EEOC claim at the rate of $200.00 per hour and any ensuing litigation, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0419
ITEM 8 HUMAN RESOURCES
8. B) Approve revisions to the Director of Engineering job description and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0420
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the following committee membership related to the Public Works/Planning Director: Development Support Committee, Centralized Road & Bridge Facility, Environmental Assessment, Facilities Master Plan Steering Committee, Personnel/Policy Committee, Transportation Committee, and any appropriate action. Aide to the Court (Briefing 7-20-04) (This item continued later in session)
13.A-1) Move to approve that the Planning Department be represented by Cathy Allcorn only – delete the spot formerly held by Kelly Zwinggi - on the Development Support Committee along with other departments represented already: Economic Development, Fire Marshal, Health Inspector & Engineering, by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0421Move to approve Environmental Assessment Committee - Jody Gonzalez; Facility's Master Plan Steering Committee - replace Kelly Zwinggi with Constable Jim Dotson; Personnel Policy Committee - Frank Phillips; and the Telephone Committee - Judge Becky Kerbow by Judge Horn, seconded by Comm. Mitchell.
Motion On Hold – Retracted later in session
ITEM 17 RECESS 9:45 a.m.
ITEM 18 RECONVENE 10:02 a.m.
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 10:04 a.m.
Court Reconvened in Formal Session 10:40 a.m.
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 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 43rd District Court.
15. D) Personnel matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, and/or employment of a public employee. Bruce Westbrook.
NO ACTION16. A) EXECUTIVE SESSION – Consultation with Attorney: Contemplated Litigation; Texas
Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause #RT-2004-343, pending in the Probate Court of Denton County, Texas. DA/Civil DivisionMove to assign to the Criminal District Attorney, Civil Division, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0422
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the following committee membership related to the Public Works/Planning Director: Development Support Committee, Centralized Road & Bridge Facility, Environmental Assessment, Facilities Master Plan Steering Committee, Personnel/Policy Committee, Transportation Committee, and any appropriate action. Aide to the Court (Briefing 7-20-04)
13.A-2) Move to appoint the Fire Marshal, Jody Gonzalez, to the Environmental Assessment Committee by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-042313.A-3) Move to appoint Constable Jim Dotson to the Facilities Master Plan Steering Committee by Judge Horn, seconded by Comm. White.
Motion Carried 3-0-1 (Jacobs abstained)
Court Order 04-042413. A-4) Move to appoint Donna Coulter, Chief Administrator for Comm. Mitchell, to the Personnel Policy Committee by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-042513. A-5) Move to appoint Judge Becky Kerbow to the Telephone Committee by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0426
ITEM 7 BUDGET
7. B) Approval of any action related to the 2004-2005 Denton County Budget.
1. Tax Rebate Update
2. Commissioners Court Proposed Reductions
3. Raises
4. Reclassification Recommendations
5. Non-Profit Organizational Funding
6. Retirement plan – New Rate
7. Departmental Changes & Appeals
8. Other Discussion - Request by Sheriff & Sheriff Elect to combine the Pre-Trial Facility Budget and Law Enforcement Facility into one budget.
9. Reports Requested for Next Meeting
10. Future Agenda Items
a. Pre-Trial Facility – Phase-In Proposal
b. Health Insurance – 2:00 p.m. Tuesday, August 3
c. Road & Bridge
d. Car Allowance
(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.)
TEX-21
Donna Stewart, Budget Director: Let me go over the handouts today: an Agenda, updated Changes Sheet - I included on Page 5 of 6 under Appropriations TEX-21 with a question mark and that amount should be $20,000…..
Comm. Jacobs: I have a handout of the latest information I’ve received on TEX-21. I suggest that we consider joining TEX-21. Please refer to the Page Six list of people associated with this group and by looking at the sidebar, you can see the member representation list serving as heads of committees. Our own Congressman Burgess is a member along with 25 other congressional members. Page Seven lists the Texas Senate including Jane Nelson, Craig Estes and Chris Harris; House Membership including our own Mary Denny, Myra Crownover & Burt Solomons. When this organization first began, I was a doubting Thomas and figured it was a potential flash in the pan. Our dues would be $20,000. I am aware of the controversy over this organization but Members, we have reached a point where TEX-21 is an important Transportation Organization that I believe we need to have a seat at the table. The former City of Denton Mayor plays a key role and has spoken to us individually about joining. Mark Burroughs, formerly Mayor Pro Tem, plays a major role in this. I believe we’re the only major County on this list that is not a member. It’s time to become a member. I would love to serve as our representative but that is up to the court.
Comm. White: I’d like to call on John Poster for his input.
John Polster, President, Innovative Transportation Solutions, Inc. (ITS): TEX-21 is growing in membership. For the last legislative process, Council of Governments (COG) had established a priority list of key projects and all but one of the issues COG was pushing was absent from TEX-21’s Agenda. The list indicates a broad list of entities but as a rule, TEX-21 pushes issues that are antithetical to urban areas. Most of what TEX-21 pushes is either done by COG or done through this Region’s DRC. Secondly, they would not provide – at least not to me - their budget as to where their money is spent. That gave me pause for concern. What TEX-21 does in a positive nature is already being handled by the transportation agencies in this area; our membership would not necessarily preclude them from having a negative affect.
Comm. Mitchell: I have not been a big proponent of TEX-21 as you can see from the list, Lewisville is not on there. My question is that these other counties – Dallas, Tarrant & Collin Counties – obviously see something that we do not. My suggestion would be that the County Judge or one of us requested their budget information because we do need that to make an informed decision.
Mr. Polster: I’d encourage the court to try again to get that information. Also, let me remind you that Collin County was never a member of NASCO and the I-35 Coalition which existed prior to that. Dallas County was, however, most of their members came after the I-35 Coalition so they lack the history of the area’s mobilization efforts.
Comm. Jacobs: Dallas County is a member of NASCO now and also a member of TEX-21. I could argue with John over his points but when you look at the make-up of this organization, it would be hard to argue as to why we shouldn’t be there. As an example, why are we a member of NACO? Certainly, they are much more liberal and negative in their representation and results concerning urban areas. But we are members because we need to have a voice. Can I tell you how many dollars we get out of it? No…..and we’ve been a member almost as long as I have sat here. So we’re a member because we want to have a voice when it comes to National Transportation issues. Same thing here only this is a local voice – almost entirely a North Texas voice and it’s one we’re missing even though it has been around for six, seven years. How can we not afford to be a member of NACO and still argue about being a part of TEX-21? Should we call our congressman and senators and ask them to drop out? Whether or not this committee has lived up to its goals, this is a place where we coordinate our transportation requirements. These are the people we have to do business with and yet, when they all come together, we are not at that table.
Mr. Polster: I do not think the Senators and Congressmen are dues paying members. If you’ll refer to the Executive Summary and their accomplishments, they list; Design/Process, Texas Mobility Fund, Bonding, Economic Development as part of TxDot goals, State Resolution, et al. All of those issues were part of COG’s legislative agenda. I contend they are not doing anything except a “me too” process.
Comm. Jacobs: I’m not saying we should join this committee because of what they have done….I’m suggesting we join because there is no stronger group in the North Texas area that’s all in one place, meets on a regular basis and has the big names. All work done on transportation issues requires a relationship built on trust.
Judge Horn: My turn. Last year at the TEX-21 Conference, I was sorry to see that two newspapers – Dallas Morning News & Ft. Worth Star Telegram decided to drive the engine of transportation as though no one had been at the wheel before. Three committees came out of the conference: Financial, Legislative and Institutional have been meeting off and on for the last year. I was a member of the Legislative Committee and attended individual as well as the collective meetings. Bottom line, the only financial options resulting from all these meetings is either raising the gas tax or increasing sales tax. I do not see either one happening in the Texas Legislature. We belong to DRMC and RTC – I find their meetings productive, informative and all inclusive of the North Texas area. As for a reason NOT to join TEX-21, I see about 20,000 of them which is their fee. I have spoken with Congressman Burgess, received promotional material for their conference which mentioned him as a confirmed speaker at one of their meetings. He denied he was a confirmed speaker – he had been invited. I believe this reflects on all the Congressional and Senatorial members – they are invited but not confirmed. That is SOP – Standard Operating Procedures. I see no direct benefit from our joining this organization.
Comm. Jacobs: My question to the court before I make a motion….then why is everyone still there? And with that, I move that we join TEX-21 for next year for a membership fee of $20,000.
Judge Horn: We have a motion, is there a second.
Comm. Mitchell: I will second for discussion only because I am not willing to spend the $20,000 at this point. We have not yet looked at our entire budget which probably has more worthwhile items than this. But I still want to pursue getting TEX-21’s budget because, as Comm. Jacobs stated, all these cities and counties listed are not all wrong. There is something that Denton County could be missing and we need to explore that.
Mr. Polster: TxDot has restructured itself to where all the federal funding is sent down to district by formula. The Dallas-Ft. Worth area now gets 36% of all capacity funding. Before this last legislative process, the people in Austin would select those projects and tell the districts which ones to do. They have now agreed on a Performance Based Funding Level which is loosely related to the vehicle miles traveled and the amount of taxes generated in a region. The funding is given directly to the District Engineer and COG – the MPO – to select projects so our lobbying efforts would be better focused on Bill Hill of the Dallas District, Mr. Chavez of the Ft. Worth District and Michael Morris from COG. The funding authority is now at the local level.
Comm. Mitchell: I think that needs to be changed but that’s just my own two cents….
Comm. Jacobs: Judge, ask yourself who is Michael Morris going to listen to if they are not listening to the largest transportation organization representing North Texas? They have clout locally, state level and whether or not they have clout on the Federal, it sure does not hurt to send your Congressman to talk to Michael Morris. We join this for the political clout and for the relationships formed out of this. I’ll call the question.
Judge Horn: We have a motion and second on the floor. All in favor?
Comm. Jacobs: Aye.
Judge Horn, Comm. Mitchell, Comm. White: Nay.
Judge Horn: Motion fails one in favor, three opposed.
Comm. Jacobs: I am going to try and obtain their budget and we’ll go from there. I would like this placed back on the budget agenda for next week. Thank you, members.
EFFECTIVE TAX RATE
Ms. Stewart: On Page R-1 of the packet I passed out earlier is information I received from the Tax Assessor’s Office yesterday regarding the Effective Tax Rate as well as the various percentages or 1 cent increases would be. Page R-5 has a typo and is being replaced with the handout Jona is passing out now. Page R-5 includes the Current Effective Rate that was presented today and what the required tax rate would be to fund the Recommended Budget.
RAISES
The next item on the Agenda is Commissioners Court proposed reductions….I did not receive anything on that so we will skip that and go to No. 3 which is Raises. Turn to Page S-64 – under Recommended Summaries Tab – this shows what a one-step increase would be versus sliding the pay-scale 2%.
Comm. Jacobs: Is this where we came up with a million dollars, giving the employees a 4 % increase?
Ms. Stewart: Yes, Ma’am…..those eligible employees. Anyone hired after April 1, 2004, would not be receiving the increase.
Comm. Jacobs: I am in favor of this option. I would like to see this inserted into the budget as we go forward….any objections?
Comm. White: Where is the money coming from?
Comm. Jacobs: We need it figured into the calculations now…
Ms. Stewart: It is on your Changes Sheet Page 5 of 6 as the cost – we can carry it over as a priority without a motion.
Comm. Jacobs: I would like to do that even though I know we do not have a full court…..
Ms. Stewart: The Salary Survey Data begins on Page S-68. Amy is prepared to answer your questions.
Comm. Jacobs: My question is on Page 70. Can you specifically name the Elected Officials that are off the mark of the market?
Amy Phillips, Human Resources Director: This survey includes Collin County, Fort Bend, Jefferson & Montgomery Counties – it does not include Dallas & Tarrant. Page 74 does include Dallas & Tarrant. So A includes just the four counties – B includes all six.
Comm. Jacobs: If you look at B, Commissioners are paid about 78% of the market value.
Ms. Phillips: That’s correct. The County Judge is paid about 85% of market, County Clerk about 87%, the District Judge about 93% of market, County Court at Law Judge is right at market value, the District Clerk is at 82%, JP is 81%, Criminal District Attorney is 134% of market, County Treasurer is 85%, Tax Assessor is around 80% of market, the Sheriff is 94% and Constables are at 83%.
Comm. Jacobs: Could you take an average of these averages? The majority of our Elected Officials are somewhere in the mid-80 percentile. Only the Commissioners are below the 80% with the Judge around 85%. I am suggesting that maybe we could come up with a median that would get us all on an average percentage – not 100% – so that the next time we look at this it would make more sense.
Comm. Mitchell: Dallas & Ft. Worth were taken out for the last few years…..
Ms. Phillips: We’ve always provided both.
Comm. Jacobs: Either way, your percentages are not going to be even….
Ms. Phillips: On B, we took out the Criminal District Attorney because it’s an anomaly - the average is about 86% of market. While James is figuring A list averages, let me explain that Collin County is the closest to our size, Ft. Bend is a little smaller, Jefferson & Montgomery are quite a bit smaller and Tarrant/Dallas are larger.
Comm. Jacobs: Which is why we added Montgomery and Jefferson to offset Dallas & Tarrant and if they do not offset, than why not just do Collin & Ft. Bend? Could you run one of these for next week with just Collin & Ft. Bend and Denton?
Ms. Phillips: OK. James just figured the calculations of Table A reflecting 92.5% of market.
Comm. Jacobs: If we’re all going to be off market, let’s get to where we are all similar in percentages off and for those above market, freeze their salaries. I am saying that 4% across the board for our Elected Officials is contrary to what we do for our employees where we may have a whole group of clerks who need to be brought up to market value. With the Elected Officials, we must look at the individual – anyone who is over, such as the Sheriff, does not get an increase and anyone under gets an equity adjustment causing the graph line for next year to be closer together.
PAY GRADES
The next item is pay grades which I wanted to make sure were in line. I am looking at Pages 79 & 80. Could you address this Amy? Looks like we’re doing a lot better than we used to.
Ms. Phillips: Our pay grades are pretty much in line. These lines will never be perfect and they will shift a little from year to year. Overall, the minimum of pay ranges are on track.
Comm. Jacobs: Pardon me, Amy, but if the Court will compare Pages 79 & 80 to Page 73, that will give you an idea of how skewed our Elected Official salaries are compared to employees.
Ms. Phillips: In the last several years, our employees have received pay raises and our Elected Officials have not. I sent the court another survey that another county had conducted. Montgomery County hired a consultant to do an Elected Official Survey. They included 13 counties, six of them smaller than Denton and six larger. You see the same trend in that survey – in general, our Elected Officials are paid below market.I need to add, about the employee salary survey, is that it is looking at only the minimum step for each pay grade. In the last couple of years, since we have slid the scale, we’ve kept our scale close to the market but we have some salaries in there that are not keeping up with market value because we have not done step increases and people have not advanced within these ranges. The minimum of the ranges are lined up but some of the employees pay might be lower than market. That is difficult to survey and show you on a graph because we have so many employees. If we don’t give a step increase, than no one advances in the range.
RECLASSIFICATION RECOMMENDATIONS
Ms. Stewart: Next on our Agenda was the Reclassification Recommendations on Page S-63 and have been included in the Recommended Budget. A total of 44 positions were requested and HR recommended 22.
Comm. White: Amy, you were reviewing one more from Constable Two. Have you finished that?
Ms. Phillips: We have finished that. The updated information provided by Constable Floyd did not reflect significant changes in the job so we are not recommending reclassification of that position.
Comm. Jacobs: I am ready to approve her list and with that I will make a motion to do so.7. B-4) Move to approve the Human Resource Department’s Reclassification Recommendations for 22 positions as listed on Page S(Summaries Tab)-64 of the Budget Manual by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0427
NON-PROFIT ORGANIZATIONAL FUNDING
Ms. Stewart: The Non-Profit Organizational Funding – R-6, under the Reference Tab – includes a letter from the Social Services Committee recommending some phase-out funding for some of the agencies. I put that in a spreadsheet format so you could see the effect of that over the five year phase out. Five of the organizations were considered either mandated or quasi-mandated for which they did not recommend reduced funding; MHMR, CASA, Children’s Advocacy Center, Friends of the Family and Youth and Family Counseling.
Comm. Jacobs: These five you mentioned would be excluded from the phase-out funding?
Ms. Stewart: Yes. This year’s budget would remain at the current level with phase-out funding not starting until next year at a 20% decline. SPAN was not considered by the committee and may need to be addressed. Part of their funding is the Veteran’s Transportation Program and court may want to reconsider the Committee’s recommendation on that program. Part of their funding goes for Meals on Wheels and part is for the Veteran’s Transportation Program. I can provide a breakdown of that funding for next week.
Comm. Jacobs: I am ready to make a motion excluding the SPAN portion.
Comm. Mitchell: I am not ready. I spoke to Dr. Burton about Pedi-Place who provides health care to our indigent children. That is care we would have to provide if Pedi-Place were not here. We already have complaints from the Dallas Hospital – Parkland – alleging they are having to pay for our indigent citizens. Where will we be if we cut out this resource? Is it not important for us to continue to provide some money to some non-profit agency to care for our indigent children?
Judge Horn: Did not the committee recommend that the agencies that supplement a county service be excluded from the 20% reduction and would not Pedi-Place fall in that category, Dr. Burton?
Dr. Burton, Director of Health: The Committee’s recommendation to exclude a few organizations from the reduction, applied only to organizations they understood to be mandated.
Comm. Mitchell: Is not indigent service a mandate?
Dr. Burton: That’s not the category the committee was considering. My personal opinion, which I have shared with the Committee, is that Denton County doesn’t have a hospital district, nor a lot of resources for health care and it would be very difficult for me in the Public Health Care position to recommend cutting health care funding for children.
Judge Horn: Dr. Burton and I have been in a couple of meetings recently trying to come up with some solutions and we MAY have found a source of funding for this area that has not been tapped before. There may be some federal funding to assist us and Pedi-Place. My recommendation would be to include Pedi-Place with those other five whose funds are not being reduced, if that’s agreeable with court.
Comm. White: I’m not sure I agree with that…if you’re talking about indigence as criteria, most all of these agencies deal with this topic. Interfaith helps with housing, grocery, clothing – same as Metrocrest Social Service Center, Denton Family Resource Center, etc. I’m not sure I agree with the Committee’s recommendation. I believe we have to hold out level funding but not phasing them out over a five year period. I need to think of other solutions to bring to the court.
Judge Horn: My criteria are not its links to indigence but whether or not it supplements the service Denton County is already providing. If we did not assist these agencies, would we not be spending more money and putting more of a burden on Dr. Burton’s Department; that is why I selected Pedi-Place over the other ones.
Comm. Mitchell: We need to be able to see where the overlapping of services occurs.
Judge Horn: From what I am hearing, I believe Court agrees with the Committee’s recommendation to keep the funding the same this year as last year. We can discuss future years later but I would like to make a motion.7. B-5) Move to approve the Social Services Committee’s recommendation to maintain the same level of funding as last year for all Social Service Agencies listed on Page R(Reference Tab)-63 of the Budget Manual in the total expenditure of $831,007 by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0428Dr. Burton: So, I need to inform the agencies about the level funding for next year and mention to them
that the court is considering a variety of alternatives.
Judge Horn: Right.
RETIREMENT PLAN OPTION
Ms. Stewart: Some good news regarding the Retirement Plan Option. This is on Page 5 of 6 of your Changes Sheet. If we maintain the current Retirement Plan we have now, there will be a savings of a little over $109,000. Amy and I are recommending we maintain the current plan and we would appreciate a motion….
7. B-6) Move to approve under Various Departments, Page 5 of 6 of the Changes Sheet (legal size), the current Retirement Plan with a decrease in the Retirement Rate from 8.67% to 8.53% budgeted rate for a Savings of ($109,393) by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0429
OTHER DISCUSSION - SHERIFF
Ms. Stewart: If we could skip down to No. 8 under Other Discussion on the Agenda Item Sheet, we have received a request from the current Sheriff, as well as the Sheriff Elect, to combine the budgets for the Pre-Trial Facility and the Law Enforcement Center – currently those two are separate for court’s oversight. Now that the Sheriff oversees these two budgets, it just makes sense to go ahead and combine them. This action involves no impact. Both my Department and Purchasing would endorse this action.
7. B-8) Move to combine the Pre-Trial Facility Budget and the Law Enforcement Budget at the Recommendations of the current Sheriff, Sheriff Elect, Budget and Purchasing Department by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0430
CHANGES SHEET
Ms. Stewart: Let us move on to the Changes Sheet for possible motions. I added on Page 1 of 1 under
Revenues/General Fund – Increase Miscellaneous Revenue/DCTA (Denton County Transportation
Authority) reimbursement – the ($120,000), so the court could vote to include that in either this year’s budget or next year’s.
Comm. White: Do we know when we’re going to get it?
Ms. Stewart: We do not. It affects our Fund Balance whether we get it this year or next, it has not been included in what we have provided you.
Judge Horn: It needs to be included.CS-1) Move to approve to add to the Fund Balance the reimbursement of ($120,000) from the Denton County Transportation Authority by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-00431
ZERO IMPACT MOTIONS
Ms. Stewart: Purchasing Department on Page 1 of 1 is a zero impact with the reduction of Office
Furniture for an increase in Office Machines (Fax) and Computer Supplies.CS-2) Move to approve for the Purchasing Department a reduction in Office Furniture (Mechanical Assist Carriage) for an increase in Computer Supplies and Office Machines (Fax) for 0 impact by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0432Ms. Stewart: The next one is not really a no-increase but the Jail Magistrate needs to be included in some manner. As you may recall, when the District and County Court Judges submitted the Judiciary and Court Support Budget, they had eliminated this funding. We’re proposing you include it in Non-departmental fora total of $18,000. Judge Horn had a discussion with Judge Windle and Judge Ramsey who has agreed to continue this position without an increase to his salary.
CS-3) Move to approve under Non-Departmental the same amount of funding as this year - $18,000 - for Judge Ramsey to act as Jail Magistrate for the Sheriff’s Department on weekends and holidays by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0433Comm. Jacobs: I need to read to the court an except from the article in County News about Montgomery County and the Elected Official Survey they conducted that Amy mentioned earlier. “Most people comment about not making enough money and now elected officials in Montgomery County (smaller than Denton) have the study to prove it. A recent released Salary Survey reported that salaries of 20 elected Officials fall an average of 87% below market standards. Commissioners plan to begin discussions about a
salary increase when budget hearings begin in late July. The increase, if approved, would bring their commissioners’ salaries from $81,535 to $90,000.” What do we make?
Comm. White: $74,000.Ms. Stewart: Immediately following the Jail Magistrate line item is the TIF line item. James and I have had discussions, after receiving the Effective Tax Rate calculations, regarding the Tax Incentives. The TIF payment – from Old Town, Lewisville and the Speedway - is actually a part of the Tax Rate Calculations. In our opinion, this needs to be removed from the Budget and paid for from our revenues. We are recommending you take action to reduce that, knowing that we will still make it out of Revenue Payments.
CS-4) Move to reduce Tax Incentives (TIF Payments) from the Budget to include in Tax Rate Calculations/Revenues for an additional ($171,936) by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0434Ms. Stewart: Next is Department of Information Services, still on Page 1 of 1. They are requesting a full-time Web Designer/Developer in exchange for reductions in their Computer Software, Software Maintenance and County-wide Technology Computers (IP/TV Service) for zero impact.
CS-5) Move to approve a full-time Web Designer/Developer for the Department of Information Services in exchange for reductions in their Computer Software, Software Maintenance and County-wide Technology Computers (IP/TV Service) for zero impact by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0435Ms. Stewart: The County Auditor, Page 2 of 6, has requested that a current part-time position be reclassified to full-time at a cost of $51,332 but with a reduction of the current part-time @ $30,438 and an increased Tax Revenue Transfer in the amount of $20,894 from the 2000 Road Bond Fund making for a zero impact request.
CS-6) Move to approve a current part-time position in County Auditor’s Office be reclassified to full-time at a cost of $51,332 but with a reduction of the current part-time @ $30,438 and an increased Tax Revenue Transfer in the amount of $20,894 from the 2000 Road Bond Fund for zero impact by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0436Comm. Jacobs: Please direct your attention to the bottom of Page 5 of 6 – Project Management Software. I had requested that Dept. Heads affected by this to go to Collin County and take a look at this project. It looks great but there may be a way for us to do this at less cost. So, before I remove this totally, I think we should wait for Comm. Carter because he played a major role in this, as well.
Ms. Stewart: I believe that is all the zero impact items we have on the Changes Sheet. Page 1 of 6 at the
bottom of the page is Jury and Grand Jury. This would reflect an increase of $813 for a Computer
Maintenance item for the Jury System. I recommend this increase.CS-7) Move to approve an increase of $813 for a Computer Maintenance item for the Jury System as recommended by the Budget Director by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0437Comm. Jacobs: Looks like we might need a full court for the remainder of the items. Looks like next Tuesday will be a full day.
Comm. Mitchell: I will out by 3:30 p.m.
Judge Horn: If there are other items we need to vote on, we can do so. I told Comm. Carter we might be voting on any item outside of his precinct.Comm. White: I say we wait for Comm. Carter.
Comm. Jacobs: Let me add that I really appreciate the fact that our current Sheriff is working so closely
with our Sheriff Elect. That is beneficial for us and the budget.
Ms. Stewart: I have met with the Sheriff Elect several times and assured him that the court will be willing on January 1st to look at anything that might need to be done in the way of reorganization. His main concern is jail expansion.
Judge Horn: James Wells, based on your email this morning regarding Tax Notes, on Page 3 of 6 is Courthouse on the Square – Repairs and Maintenance, Furniture Refinishing that was revised @ $29,200 – I understand that amount can come out of the Tax Notes.
Mr. Wells: Originally, I did not think this could be done but upon revisiting this item, I am pretty sure that’s how we did the refinishing in the mid-80’s. I believe we can use the funding from Tax Notes.
Judge Horn: This item will require an Agenda Placement for Briefing next week. Any other items, Court?
Comm. Jacobs: Hats off to James and Donna for coming so close to our estimated taxes. I know there are a lot of cities that got in a bind because of their over estimations.
Ms. Stewart: It helps to have a conservative County Auditor. Please let me know if there is any information/studies the court needs done before next week.
Judge Horn: One question. Page R-5, at the bottom, Tax Rate required to Fund the Recommended Budget - .25110.
Ms. Stewart: That is just a little above the Hearing Limit.
Judge Horn: What would the Tax Rate be with all these additional requests.
Ms. Stewart: I can plug that in for next week.
Judge Horn: With that, we are adjourned.
ITEM 19 ADJOURNMENT 12:10 a.m.
This set of minutes for July 27, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.