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Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
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August 10, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 10th day of August, 2004, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Kathleen Bransford.
Court opened with an Invocation by Dr. Bing Burton, Director of Health Department, followed by the Pledges of Allegiance to the American and Texas Flags led by Dan Japhet, Probate Attorney/Auditor.
Dr. Burton: Pray with me. Lord, we come to You with thankful hearts, thankful for this day that You have made. Thank You for this nation that You have given us and thank You for -- thankful for the rich blessings, the heritage that we enjoy. We ask Your blessing upon our leaders and we ask your blessing upon our troops that defend the cause of freedom everywhere. We ask a special blessing this day upon these public servants that we know as Denton County Commissioners Court. We pray that Your spirit would guide their deliberations today and that all that is said and done here would be pleasing to You. We pray in the name of Jesus. Amen.
ITEM 1 PUBLIC INPUT
ITEM 8 HUMAN RESOURCES
8. C) Approve the creation of 4 new Deputy Clerk positions in the Tax Office, and any appropriate
action. (Briefing 8-03-04)Move to approve by Judge Horn, seconded by Comm. White.
Motion Failed 2-3-0 (Jacobs, Mitchell & Carter, nay)
Discussion of item in Commissioners Court Transcript attached to minutes. (Page 2)
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of specifications and authority to advertise for Microfilming Supplies, Bid #03-04-1603, and any appropriate action. (Briefing 8-03-04)
6. B) Approval of renewal of proposal for Medical Laboratory Services, RFP #06-03-1565, to Clinical Pathology Laboratories for Jail and Public Health Lab Services, and any appropriate action. (Briefing 8-03-04)
6. C) Approval of specifications and authority to advertise for Pharmaceutical Service-Jail Health, RFP #06-04-1626, and any appropriate action. (Briefing 8-03-04)
6. D) Approval of renewal of contract for Detention Supplies, Bid #07-02-1499 to ATD-American Company for items # 6, 8, and 11, Leslee Scott, Inc. for items # 5 and 10, ICS for item # 3 and Moore Medical Supply for item # 4, and any appropriate action. (Briefing 8-03-04)
6. E) Approval of renewal of bid for Pharmaceutical Service-Public Health, Bid #07-03-1569, to Denton Prescription Shop for Denton and Avia Partners, Inc. (formally SMC RX) for Lewisville, and any appropriate action. (Briefing 8-03-04)
6. F) Approval of renewal of bid for Uniform Rental, Bid #07-03-1572, to Unifirst, and any appropriate action. (Briefing 8-03-04)
6. G) Approval of renewal of Job Order Contracting, RFP #07-03-1574, to Jamail Construction, and any appropriate action. (Briefing 8-03-04)
6. H) Approval of specifications and authority to advertise for Hot Mix Asphlatic Concrete, Bid #07-04-1631, and any appropriate action. (Briefing 8-03-04)
6. I) Approval of appointments to the Alternative Fuels Committee to include: Mary Horn, Frank Phillips, Danny Smith, Danny Brumley, Donna Riley, LeDena Ferrell, and Beth Fleming, and any appropriate action.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101720 to increase revenues and allocate expenditures for Remodeling Expense for Historical Park Facilities in the amount of $11,758, and any appropriate action. (Briefing 8-03-04)
7. D) Approval of Budget Amendment Request #101730 to increase revenues and allocate expenditures for Educational Supplies for CHOS Museum in the amount of $1,000, and any appropriate action. (Briefing 8-03-04)
7. E) Approval of Budget Amendment Request #101740 for Equipment Maintenance including the transfer of funds from Courthouse Security Fund-Unappropriated Contingency for Courthouse Security Fund in the amount of $4,406, and any appropriate action. (Briefing 8-03-04)
7. F) Approval of Budget Amendment Request #101780 for Substitute Court Reporter for 158th District Court in the amount of $1,500, and any appropriate action.
7. I) Approval of Budget Amendment Request #101850 for Training & Education for District Attorney-Civil in the amount of $1,554, and any appropriate action.
7. J) Approval of Budget Amendment Request #101860 for HMAC for Road and Bridge, Precinct #1 in the amount of $105,800, and any appropriate action.
7. L) Approval of Budget Amendment Request #101890 for Operating Supplies for Emergency Management in the amount of $1,013, and any appropriate action.
7. M) Approval of Budget Amendment Request #101900 to reallocate excess funds from Operating Equipment to various line items for Constable, Precinct #5 in the amount of $4,157, and any appropriate action.
7. N) Approval of Budget Amendment Request #101910 to reallocate excess funds from Cars/Small Trucks and Radio Repairs to various line items for Constable, Precinct #3 in the amount of $2,125, and any appropriate action.
HUMAN RESOURCES
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.) Matthew Hanrahan, Juvenile Probation Officer; Michelle Camacho; Juvenile Corrections Officer/Juvenile Post Adjudication; Kevin Clark, Investigator/School Resource Officer; Edith Kerksieck, Detention Officer I/County Jail; Robin Barrow, Detention Officer I/County Jail; David Berry, Communications Officer/Communications; Thomas Fisher, Administrative Specialist I/Economic Development; Patricia Brown, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Jo Ann Prince, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Blanca Adams, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Billy Lantrip, Foreman, R & B Pcts. 3 & 4; Timothy Wayne Burch, Deputy Constable (PT)/Northwest I.S.D. ASAP Officer.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for July 27, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of petition for an H-1B Visa for Saovanee Wongvanirut, Application Development Manager, and any appropriate action. Information Services (Briefing 8-03-04)
13. B) Approval of the Interlocal Agreement for the creation of North Central Texas Arson Task Force, and any appropriate action. Fire Marshal (Briefing 8-03-04)
LEGAL
14. B) Approval of proposed resolution and/or joint agreement for Denton County and other government entities to petition the Public Utility Commission to provide optional two-way extended area calling service from Frisco Exchange to the Dallas Metropolitan Exchange, and any appropriate action. (Briefing 8-03-04)
14. D) Approval of the Resolution and/or Contract to join The Cooperative Purchasing Network (TCPN), and any appropriate action. (Briefing 8-03-04)
14. E) Approval of the Agreement between Denton County, Texas and North Texas State Fair Association, Inc., to provide water truck for the 2004 North Texas State Fair and Rodeo, August 20-28, 2004, and any appropriate action. (Briefing 8-03-04)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0458
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.)DELETIONS –
GENERAL –
$ 3,262.32 to Snelling, duplicate payment;
HEALTH CARE –
$ 244.27 to Denton Prescription Shop, duplicate payment.ADDITIONS –
GENERAL –
Jail - $ 60.00 to Roy Davenport, Austin Travel Advance;
S.O. $ 100.00 to Susan Elrod, Tobacco Buy Money.Move to approve amended Bill Report with the deletion of payments to Vendor 6834, Page 63, two invoices in the amount of $11,805.35, to the Denton Community Hospital, as requested by Indigent Care, by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0459
ITEM 7 BUDGET
7. G) Approval of Budget Amendment Request #101800 for County Barn Improvements for Road & Bridge, Precinct’s #1 and #2 in the amount of $37,977, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-04607. H) Approval of Budget Amendment Request #101810 for Trailers and Road Maintenance Equipment for Road and Bridge, Precinct’s #1 and #2 in the amount of $10,335, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-04617. K) Approval of Budget Amendment Request #101880 for Road Maintenance Equipment for Road and Bridge, Precinct’s #1 and #2 in the amount of $28,351, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0462
ITEM 8 HUMAN RESOURCES
8. B) Approve hiring DOIII’s at step 3 and adjusting two current employees’ pay accordingly, and any appropriate action. (Briefing 8-03-04)
Move to approve for the Health Department by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0463
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 ACTION10. E) Approval of the Report and recommendations from Gary Vickery regarding the Interim Engineering status, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-046410. F) Approve Tuesday, August 31, 2004 at 9:05 as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estates District (R-1), Abstract 1238, Tract 1A, Precinct #1, as requested by the owner, Ms. Karen Groff, and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0465
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of the distribution of electronic communication equipment in the Public
Works/Engineering and Public Works/Planning departments, and any appropriate action. County Judge (Formal 8-03-04)Move to approve with the radio being paid by Road & Bridge funds be transferred to Comm. White by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-046613. D) Approve the appointments to the following committees, and any appropriate action:
Development Support Committee – Hank Ogden & Gary Vickery
Vehicle Assessment Committee – Amanda Gross
Loss Control Committee – Patty Larson
Recycling Committee –Move to approve Donna Coulter, Chief Administrator for Commissioner Bobbie J. Mitchell, Pct. 3, and Lewis Newcomb to the Alternative Fuels Committees by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-046713. E) Approval of Urban Counties TechShare Master Interlocal Agreement, TechShare Resource Addendum – Juvenile Information System, appointment of Commissioner Sandy Jacobs to the JIS Oversight board, Creation of JIS Task Force, Resolution, and any appropriate action. Information Services
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0468
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of County policy regarding Dependant Care Spending Accounts, and any appropriate action. (Briefing 8-03-04)
Move to recognize that there was a change in status in Deputy William Keith’s situation when he made the Dependent Care election on his Flexible Spending Account/Health Insurance Form and that money he elected to put in that account be transferred to the respective and appropriate account consistent with his new election and change of status by Comm. Jacobs, seconded by Comm. White.Motion Carried 4-1-0 (Horn nay)
Court Order 04-046914. F) Approval of the Contract of Employment and Authorization between Wood, Thacker, & Weatherly and Denton County, Texas to provide legal services regarding any claims brought by James Paton, and any appropriate action. (Formal 8-03-04)
Move to approve with a “not to exceed” clause of $20,000 without further approval from Commissioners Court by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-047014. G) Approval of scheduling a Public Hearing on the abandoning, vacating, moving or altering right-of-way known as Elm Ridge Road for 9:30 am on August 31, 2004, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-047114. H) Approval of the recommended budget, budget narrative, standard debarment from 2046 and risk assessment form 9105 for Denton County’s continued participation in the Title IV-E County Legal Service Contract with the Texas Department of Protective & Regulatory Services, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-047214. I) Approval of Public Employee Benefits Cooperative (PEBC) contracts including: 1) FlexBen Amendment, 2) MHN Amendment, 3) Safeguard Agreement, and 4) NCTCOG Interlocal, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Pulled
ACTION POSTPONED FOR NEXT MEETING
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 11:03 a.m.
Court Reconvened in Formal Session 11:25 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) 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.
NO ACTION
ITEM 16 ADDENDA
16. A) Approval of the use of excess 1999 Certificates of Obligation Project Fund to purchase cabling for the Sheriff’s Department Telephone System Upgrade, and any appropriate action. Purchasing
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-047416. B) Approval of the Professional Service Employment Agreement for Licensed Vocational Nurse for the Denton County Health Department between Denton County, Texas and Judy Moody, and an appropriate action. DA/Civil Division
Move to approve at an hourly rate of $20 per hour by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order 04-047516. C) Approve medical insurance premiums for full-time employees and retirees for plan year 2005, and any appropriate action. Human Resources
16. C-1) Move to approve Option Two Plan Medical Insurance Premiums for employees for Plan Year ‘05 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-047616. C-2) Move to approve the 44/55 Plan Medical Insurance Premiums for Retirees for Plan Year ‘05 by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0477
ITEM 17 RECESS 11:40 a.m.
ITEM 18 RECONVENE 1:40 p.m.
ITEM 7 BUDGET
7. B) Approval of any action related to the 2004-2005 Denton County Budget.
1. Tax Rate Discussion
2. Judge & Commissioners Priorities
3. Dept. Heads/Non-Classified Employees Salary & Car Allowance Survey
4. Bioterrorism Revenue & Expense Reduction
5. Approval of New Hires Included in Recommended Budget
6. License & Weight (1:30 p.m.)
7. Appeals – MHMR – Bill Drybread & Judge Windle - $25,600 request
8. Departmental Changes & Appeals
Emissions Testing Analysis
Commissioner, Pct. 4 – Training & Education
Commissioner, Pct. 4 – ROW Acquisition
All other Appeals on Changes Sheet
9. Other Discussion
10. Notes(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.)
PUBLIC COMMENT – DR. PHILLIP HENDERSON
Judge Horn: We have a Public Comment Form from Phillip Henderson of Ponder, Texas.
Comm. Carter: Judge, let me introduce Dr. Henderson, a well respected Veterinarian in the Ponder area. He drives the roads in the western portion of the County as much as anyone and was also a member of the Transportation Committee that reviewed the bond program.
Dr. Henderson: I am a proud native of Justin, Texas, have lived in this area for more than fifty years, which gives me a unique perspective on the condition of the roads in Precinct Four. In the past, our roads have been comparable to the rest of the County roads. Commissioner Carter made improvements and we really had some good roads. Then the gas boom hit, leaving us with roads similar to a third world country. No fault to Commissioner Carter and his crew, they do their best to maintain them. Constituents of Precinct Four have been patient while this court negotiated deals with the gas companies to help fix the roads they damage but we all knew that was a pipe dream. We also knew that eventually the revenue from the wells would give the County the wherewithal to fix our roads.Last year, the minerals from Precinct Four paid 1.398 million in property taxes and that figure may double in 2004. We hope to see that money come into our precinct to repair the roads sacrificed to gain the revenue. Commissioner Carter told me that last year he spent $660,000 on materials for road upkeep. Quite to my surprise, he informed me that this year the court has budgeted only $272,000 even though you’re getting 1.4 million in Ad Valorem Taxes just from the gas industry. I believe if there is any sense of fair play on Commissioners Court, you must see the injustice in that. Commissioner Carter needs more money than that to maintain our roads. It’s past the point where a chip seal road is adequate for all the tremendous weight of the water trucks and the numerous trips they make. I estimate that 95% of all the gas wells are in Precinct Four and my request is that you spend the revenue – a million dollars is not out of the question – to fix our roads. Thank You.
Comm. White: Thank you for taking the time to speak to us about county roads. I am sympathetic. As Commissioner of Precinct One, I have about 60% of the county roads within my precinct. So I am all for fair play. I would also like to see more money spent on county roads with the understanding that we have constraints. Comm. Carter has argued a good case for all the damage done by the traffic in Pct. 4. Precinct One has the traffic as well, such as the development going on in the northeastern corner of the county. I would like to see the money allocated as per the demands on the roads using mileage and/or traffic as a measurement.
Dr. Henderson: Allow me to point out that we have exactly the same population explosion that you are having in Precinct One. We also have 1500 gas wells with each well requiring 800 truck loads of water.
Comm. White: I am aware of that figure but still maintain that there is a whole lot more development going on in Precinct One than in Precinct Four. We also have the sand pits precipitating rock haulers and heavy truck traffic.
Dr. Henderson: Again, I am appealing to your sense of fair play – this tax base has been gained at the loss of our roads.
LICENSE & WEIGHTS
Donna Stewart, Budget Director: Our first appointment this afternoon is to discuss License & Weights. Sheriff-Elect Parkey is here as well as Constable Larry Floyd. As we discussed last week, Sheriff Elect Parkey has announced he would not be carrying the commission for License & Weights Deputies, effective January 1. Our current Sheriff does carry all those licenses presently.
Comm. Carter: My position is that it is working well now and if Mr. Parkey would consider letting it continue as it is now for a review after a few months into his term. I understand his position but Constable Floyd and his men are very involved over all the roads in the County. I call them and within a matter of an hour or so, they are on site. I appreciate their work and would like to see it continue while giving the Sheriff-Elect an opportunity to watch and then review it.
Constable Floyd: In 1996, Jack Wagner, Director of Road & Bridge, asked me if I would take a traffic section because no elected official would take on this “political hot potato”. I accepted and it has grown into what it is today. I carried the commission in the Constable’s office with the only difference being that we cannot weigh on state roads. I expect this law to be changed in the next legislative session. There is no problem with me reinstating my commission and continuing on as we have been – it will not affect our job. We’ll still be able to assist the state. We have trained various agencies such as Tarrant County deputies and just recently trained Carrollton Police Dept. We will be putting more emphasis on patrolling County roads, where the need is greatest.My handout reflects our most recent accomplishments. We came up with these facts and figures in the following way: we enter each citation issued – cases are filed in all the JP courts – so I go into each JP module to get the disposition. As of last Friday, with 526 uncounted, suggested fines and fees have been over a million dollars with a collection of over $599,000. What part the County receives, I cannot tell you. They have also cleared over 9 million pounds of overweight trucks. Most of these trucks are on Precincts One & Four’s roads with the majority in Precinct Four with the gas rigs. The program is already very successful and will be even more so with the revisions we’re making. We’re going to Community Trafficking: a deputy will be assigned to each Commissioner’s precincts for you to call directly with an email to our office for keeping stats on the complaints. The Deputies have gone to 10 hour days for more coverage. My office also gets warrants from all the JP’s – I have a stack here from all of them except JP 4. Again, I want to emphasize that nothing will change by switching the commission back to me except that the county roads will be getting more of our attention.
Judge Horn: So you are advocating that we move the License & Weights people to your office to work as Deputy Constables which would result in you having twice the staff of any other constable in the county. Am I correct?
Constable Floyd: At the beginning of this program, Constables signed off on this. All the markings on our cars say Denton County Traffic Enforcement. I am glad to handle any complaints coming in. I take no money from any trucking firm or gas well firm for campaigning - I am here to enforce the law. One trucking firm, after issuing them many tickets, came to my office and asked how they could work this out. I told them to just abide by the law.
Comm. Mitchell: I have a question for the Sheriff-Elect…..if you are not going to carry their commissions, are you going to be running a License & Weights Department?
Sheriff-Elect Parkey: At this time I have no plans for doing that because of the manpower shortage. All adjacent counties have License & Weights within their patrol divisions within the Sheriff’s Office. I think it is a natural progression for the Sheriff’s Office to assume those responsibilities; however, we only have 17 deputies, 3 corporals and 4 sergeants in patrol – woefully short to try and conduct a traffic unit. I am not here as an adversary of Constable Floyd. He has done a tremendous job – the numbers speak for themselves. I am here as an advocate for the Sheriff’s Office which presently does not have the manpower to have a License & Weights division.
Comm. Mitchell: So we wouldn’t have a License & Weights Division if we took these deputies away from Constable Floyd?
Sheriff-Elect Parkey: I think it’s a good unit but they would have to be re-assigned to the Sheriffs Office to do the same job they’re doing now. There is no need for a dual role of this enforcement in the County.
Comm. White: To clarify, you would take this unit under your auspices and continue the License & Weights function?
Sheriff-Elect Parkey: Yes. The function of this unit is absolutely mandatory in today’s climate of gas rigs and heavy truck traffic.
Comm. White: So, as I understand it, after you take office January 1, you will not carry the commission. The unit could remain under the Constable Floyd’s commission however their function would be limited to county roads. They could not enforce License & Weights on State roads. Constable Floyd, do you have a percentage of what your enforcement is on county roads versus state roads? I believe most of your enforcement is happening on 121, 380, 114, 2931, etc. Those roads represent the bulk of the complaints coming into my office as well as county roads.
Constable Floyd: The unit’s function would be limited very little because we would still be able to stop them on county roads.
Comm. White: Our choice is to leave the unit with Constable Floyd under a limitation or move the unit to the Sheriff’s Office with no limitations placed on it.
Comm. Jacobs: Sheriff-Elect, I have a problem that might affect your recommendation on this subject. Most of our Sheriff’s patrols are located in the unincorporated areas and smaller cities without a police force. Just by looking at a population map of our county, tells me that they are not patrolling in the southeastern part of the county. Former sheriffs have explained logically that there are few places to patrol in that area, with the exception of the City of Hebron, causing wasted time and money to send patrols down there. The problem is that city officers have no authority to patrol certain stretches of roadways in my area, which left them wide open for License & Weights violators until Constable Floyd got the commission to patrol all over the county. To me, the choice is not one of duplication – if Constable Floyd’s people are not doing it, because they are already there, then no one will be doing it. And it is reasonable for the Sheriff’s Office not to do it on a daily regular basis. Based on experience, logic and cost, I will not have anyone in my area if we uphold your recommendation. If you were to look at Constable Floyd’s statistics, where he has made all this money, it is on these exact same roads I am pointing out to you. Without Constable Floyd’s unit, we have three problems: a loss of patrol in my area, a huge loss of revenue and, most importantly, the safety and mobility of the residents living and driving in that area.
Comm. Carter: Constable Floyd also works with the larger cities like Denton and Flower Mound. The State also has a unit patrolling the state roads. My recommendation is to leave it be for a few months into the new year for the Sheriff-Elect’s review.
Comm. White: License & Weights have been responsive to my calls and requests but we would still have the same options and coverage by moving the unit under the Sheriff’s Office. If it stays under Constable Floyd, the unit becomes limited and that concerns me.
Constable Floyd: I think we’re putting to much emphasis on weights….we’re trying to get unsafe trucks off the roads.
Comm. White: But the difference between where the units are placed hinges on overweight vehicles.
Constable Floyd: A lot of these citations are a lot more than just weight – they have no driver’s license, no insurance and with one deputy assigned to each precinct, a lot more of these unsafe drivers would be tagged. Also, a majority of the weight violations have been on county roads.
Judge Horn: How many officers are being discussed here?
Ms. Stewart: Six officers and one clerical person are assigned to License & Weights.
Judge Horn: Sheriff–Elect Parkey, it’s my understanding that License & Weights in Texas is the Sheriff’s responsibility.
Constable Floyd: The scales were in a closet, not being utilized.
Judge Horn: So the current Sheriff was willing to carry the commission for these officers while you, Constable Floyd, administered the department. Now the Sheriff-Elect is willing to carry the commission and oversee this unit, effective 1-1-05.
Ms. Stewart: You can see the breakdown on the Changes Sheet pages 4 and 5. We pro-rated the expenses based on the effective date of 1-1-05.
Comm. Jacobs: My question is what would happen if this were not approved? The City of Hebron basically has no budget and yet is the fastest growing empty space right now. I am concerned about the safety and welfare of that area with 2500 acres being developed by Billingsly & Bright. Large trucks are speeding through there because a lot of them get paid by the load, not by the hour. We need a L & W person in that area. I think it would be expensive for Sheriff Parkey to send someone down there than it would be for the Constable to have someone already trained and within his department to police this area.
Comm. White: It will be the same people…
Comm. Jacobs: The difference is that rather than just reporting into The Colony, he would have to come back up here to Denton to report - that drive is time consuming and costly.
Comm. White: Time will be saved by not having them drive from The Colony to the northwestern part of the county.
Comm. Jacobs: Another problem is that DPS is not there. One of the biggest complaints I receive regards a heavily traveled, bad intersection of six lanes and two lanes within the city limits of Hebron. The fastest response time to get to an accident there is 40 minutes. People are dying – crosses everywhere – because we cannot get ambulances or the DPS out there. DPS tells me all the time, they do not have enough deputies to send out there.
Comm. Mitchell: As long as the Sheriff-Elect is willing to take over this unit and let it perform in the same manner it has been performing, then it does not matter to me who does it, so long as the function is not duplicated.
Constable Floyd: I believe the unit will suffer because Sheriff Parkey will have his hands full when he takes office. Right now, this unit know their areas, the trucking firms know where they are, and various agencies know who to call for assistance. It is not just about weighing the trucks but about the safety of our citizens, the majority of whom are on the south end. We can and will continue to do safety inspections on state roads as well as county roads..
Sheriff-Elect Parkey: Constable Floyd can still do all safety inspections but as I come into office, I need to know that the people for whom I carry commissions are under my purview.
Comm. White: My final point regards the travel time. If most of the citations are being issued in Precincts One & Four, then that is a lot of travel time from The Colony to Krum, Ponder, Sanger, Pilot Point, etc. Who can do more for the same amount of money – the Sheriff or the Constable? I come down on the side of the Sheriff.
Constable Floyd: It would cost more because of equity adjustments to upgrade these men in this unit to the Sheriff’s department.
Comm. White: It is the same job for the same amount of money.
Ms. Stewart: That is my understanding….Move to approve License & Weights’ request of Constable Floyd with a review of the program by April 1, 2005, by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 2-3-07. B-1) Move to approve a transfer of the entire License & Weights Unit including employee’s equipment and everything associated with that Unit from Constable Floyd’s Office to the Sheriff’s Office for a total funding move of $350,483 effective January 1, 2005, by Comm. White, seconded by Judge Horn.
Motion Carried 3-2-0 (Jacobs & Carter nay)
Court Order 04-0478
MHMR APPEAL – HEALTH CARE RELIEF FUND
Ms. Stewart: The request is detailed on Page A-138 of your Appeals packet and Page 7 of the Changes Sheet.
Judge Don Windle, Probate Court: I am here to discuss the Mental Health unit of MHMR and the transport to Wichita Falls of people needing to be placed in institutional care because of a mental health crisis. Every year emergency apprehension and detention money for Denton County MHMR is short and every year it is short because the cost of transport goes up. The process works like this: 2001 there were 305 mental health cases resulting in 604 hearings; 2002, 400 cases resulting in 892 hearings; so far, this year, there have been 200 with 323 hearings. The number of cases filed from 1989 up to 2000 doubled.Probate Court has two expensive duties: guardianship and mental health. That is why is seems like I am always up here asking for money. Right now I want to say Thank You for having the vision in the guardianship program and doing what had to be done. I have also said that to the media but they will not give you any good press…..
Regarding Mental Health, the same thing applies. You already know, we do apprehension and detention, mental health commitments out of Probate Court. Except for the jury trials, Judge Whitlock hears those cases every day except Friday. Most of them are warrant-less apprehensions due to someone being found in a dangerous circumstance due to psychiatric crises. Intervention by our Sheriff’s Mental Health Unit usually results in a transport to a facility. Denton County MHMR contracts with psychiatric hospitals. Every year we run out of money for the bed days on the temporary status – short term holds. Last year the funds ran out a little before August 26. This year the crisis funds ran out August 8th. Next year we will have an increase again.
Mr. Drybread and Denton County MHMR are not asking for increased funding on their Diversion and Prevention Care which is still at the 2002 level. So is this crisis funding at the 2002 level – an increase was requested last year but not funded. This is a catch-up situation. They do 300 mental health assessments a month and divert about one in four. Denton County MHMR has four million dollars in MHMR state hospital funds for bed days at state operated psychiatric hospitals. But, Wichita State Hospital is full. So, if I sent someone up there today, they are going to send them to San Antonio or Terrell…..and it will be our deputies taking them. This is a problem between the State and the County. The State baled out again – as they did with APS and the Guardianship Program - leaving the county high and dry.
We are requesting $25,600 for Apprehension and Detention bed day services to be included in this year’s and next year’s budget because this problem grows as does our population. Right now the State’s budget is in crisis mode and they’re not going to expand the services of MHMR or State Hospitals. The State is falling back on the old constitutional provision of 1875 – various counties will be responsible for the care and control of “lunatics, paupers and idiots” – not exactly politically correct language but that is how they named it in 1875. I wish it were not so, but you do not have a choice here. Transport costs will go up if you haul them to San Antonio or Terrell and I am the messenger of the bad news.
Comm. Jacobs: After working in the downhill position for a number of years, it can be a real challenge to look up….I understand the situation but it angers me, although I will not slay the messenger, that the State would place us in this position of having no room at the inn. The last time the State did that – having to do with jails – the counties filed a lawsuit, won and now the State has to accept our prisoners after 45 days, I believe.
Judge Windle: Persons charged with crimes are treated better uniformly than persons suffering from mental illness.
Comm. Jacobs: Exactly….the State readily accepts our prisoners after 45 days but closes the door to our sick and that angers me. I agree with you, Judge, I do not believe we have a choice in this matter. Not only does the statute read as you quoted, but it also states the county will be the last resort. The only way we’re going to get attention – and Comm. Carter, you are our representative on the CUC, and I hope you would bring this up – is to sue the State again. We’re already paying for transport, etc. but we cannot open our own state hospital to address this so we need to sue them. But, for today’s dollar, we need to fund this in order to go forward in good faith and a clear conscience.
Judge Windle: The choice is to either buy an LTD for the Sheriff’s dept. or fund this. What else can we do? We cannot turn these people out into the street.
Ms. Stewart: If the court is willing, the Health Care Relief Fund is set-up separately so you can fund this by lowering the Fund Balance by $25,600 and not affect the tax rate.7. B-2) Move to approve an increase of $25,600 in MHMR Emergency A & D’s to the Health Care Relief Fund with a matching decrease of $25,600 to the Fund Balance by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0479Mr. Keever, Civil District Attorney: Getting the State’s attention by suing them may well be something the Conference of Urban Counties will want to consider and add to their agenda.
Comm. Carter: While on the topic of the CUC and next year’s legislative program, I sent a letter out to every Elected Official in the County asking for their input and got zero responses. Where is our commitment?
Judge Horn: Point well taken, Commissioner, you will be hearing from me, I assure you.
Comm. Carter: Thank you.
PRECINCT FOUR APPEALS
Ms. Stewart: Comm. Carter is requesting $1000 for his Training & Education budget.
Comm. Carter: My request concerns the upcoming legislative session when I travel to Austin a lot. If you look back at the last two legislative sessions, 2001 & 2003, I spent more than I am requesting. There is no other fat in my budget we can draw from.
Comm. White: Donna, what does each Commissioner and the Aide to Court have in their Training & Education budget?
Ms. Stewart: In the Recommended Budget, Pct. One has $1500 which was your request; Pct. Two has $2500 for a request of $3000; Pct. 3 has $2500, requested amount was $3500; Pct. 4 has $2500 but he requested $3500 and the Judge has $3000.
Comm. White: Comm. Carter, I know you travel a lot because of CUC and that is why I supported your request for a T & E increase earlier in the year. If you’ll notice, my request matches the Recommended Budget of $1500 because I try to travel as little as possible.
Comm. Carter: In 2001 and 2003, I spent more than $3500. I feel this is a reasonable request.
Comm. White: I believe the Aide to the Court has $1000 for each of us to spend on court related travel.
Ms. Stewart: This year Barbara Looper sent out a letter asking each of you if you wanted any additional funding and it included additional funds for Commissioners Jacobs & Carter.
Comm. Carter: In 2001 & 2003, $3500 was spent in addition to funding I received from the Aide to Court. This year I believe I asked for an additional 1000 from Barbara’s budget.
Ms. Stewart: In the Recommended Budget, Aide to Court has $7500 total in her T & E line item including $1000 additional for each Carter & Jacobs. So, it’s $1000 for Pcts. 1 & 3, $500 for Barbara and $2000 for Jacobs & Carter. Spent to date: Pct. 1- $50.00; Pct. 2 -$1815; Pct. 3 - $275; Pct. 4 - $2,347; County Judge - $531 and Aide to Court – 0. For 2003, Pct. 1 - $1033; Pct. 2 - $1024; Pct. 3 - $960; Pct. 4 - $786; County Judge - $661 and Aide to the Court - $750.
Comm. Jacobs: As I recall, the money placed in the Aide to Court’s budget was primarily for member’s assigned duties benefiting the whole court. So, being a member of CUC or NASCO requires travel out of town and our own T & E funding covers those functions within the state for training sessions, etc. I want to be sure there is enough money in Barbara’s budget to accomplish our required duties. NASCO requires travel every year – sometimes international travel – and even though there were meetings in Mexico and Canada, I did not go because I couldn’t afford it. I have spent $5000 of my own money because NASCO does not reimburse. I did a budget amendment and got some back, but not all of it. The problem is, you want the funding to be equal but our travel requirements are not equal. If you will notice, I did not ask for more money.In speaking with other counties, I have learned that they do not divvy up the money amongst each Commissioner but have one large pot and when that money is gone, they do a budget amendment. For example, Collin County has $25,000 for an off-legislative year with commissioners using it according to policy. I have a problem with us spending so much time and so much redundancy on such a small impact to the budget. Either the money is there to do our job or we do not do the job or we use our own personal funds.
Comm. White: I understand. I supported the amendment to get you more money for travel expenditures on behalf of the county. I am not pushing for it all to be equally divided but I was hoping that more could be spent from the Aide to Court’s budget, if necessary.
Comm. Jacobs: $7500 is nowhere near what we will need. During a legislative year – a downhill year, like Judge Windle was discussing – we must become more active in Austin. You have to decide, is it worth $15,000 to travel to all these meetings and conferences where we can make a difference?
Comm. Carter: While we’re comparing ourselves to other counties, most all of them go to these meetings with their staff for assistance and they look at me, all alone, and wonder why. Even much smaller counties than Denton are able to travel with staff.7. B-3) Move to approve an additional $1000 to the Training & Education line item for Commissioner Carter’s budget by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0480Comm. Mitchell: I am the one who requested the money be divvied up because when I had a need for some funding and asked Barbara, she told me there was no money left. No, I do not travel a lot and yes I do use a lot of my own money. I do not have a problem with that – that’s life. I am satisfied with what we have in the Recommended Budget and I am not willing to change it.
7. B-4) Move to approve an additional $1000 for Training & Education to Commissioner Jacob’s budget by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0481
ROW ACQUISITION
Ms. Stewart: Page 6 of your Changes Sheet reflects Comm. Carter’s request for $40,000 to go in the Engineering budget.
Comm. Jacobs: I am confused by this request. We have always used money from our bond program for ROW acquisition.
Comm. Carter: I believe we need Right of Way funding for projects not identified with bond programs.
Comm. Jacobs: I haven’t seen anything to justify this request. To me, it’s like putting a Sale sign up to the public who own property along our roads that “first come, first served”.
Mr. Keever: I understood this money would be for a ROW Agent to do negotiations instead of a commissioner or lawyer or engineer going out to negotiate.
Comm. Carter: That’s basically what it would be for; someone other than the engineer, once he has designated the need, to go out and acquire it.
Comm. White: I support the concept but do not know where the money would come from.
Mr. Keever: I thought this money would be set aside for a new employee to act as a ROW Negotiation Agent. It does not really matter where this person would be placed and it does not have to happen this budget year but I support pursuing the concept.
Comm. Jacobs: Donna, this appears to me to be listed not as a new employee but as an amount of money for ROW acquisition.
Ms. Stewart: That is correct. In the initial budget request, there was a request for a ROW Agent and $100,000 for ROW acquisition. This is for acquisition.
Comm. Jacobs: Our discussion and what we’re looking at are two different topics and they’re contradicting each other. I was and still am in favor of hiring a ROW Agent but $40,000 would in no way cover that. Amy, correct me if I am wrong, but the hiring of a ROW Agent would be in the $50,000’s, not including benefits. I am against any funding for ROW acquisition because I believe there are other ways to handle that.
Comm. Carter: To clarify, this funding does not represent buying the land but giving us some flexibility over ROW issues, whatever may come up.
Ms. Stewart: A new employee as a ROW agent would cost $79,962 for a full year.
Comm. Carter: Initially, the request was not for a full year but money for a consultant when needed.Move to approve $40,000 from Road & Bridge for ROW acquisition by Comm. Carter.
Motion Failed for lack of a second.
EMISSIONS TESTING
Ms. Stewart: Page A-136 has two options by Comm. Carter. He indicated to me that he felt the Emissions Testing coming from his budget penalized him based on the Road & Bridge percentages approved by court.
Comm. Carter: Emissions Testing is not an appropriate expense for Road & Bridge funds. The only charge to each department is for the sticker @ $19.50. About $30,000 a year is being spent from Road & Bridge funds for this function which I see as a violation of how those funds are supposed to be spent.
Ms. Stewart: Option One, Comm. Carter put a dollar figure and a percentage to each employee that works on emissions and we updated his figures with the new salary figures.
Comm. Carter: We need to either form a new department or give back the money to Precincts Three & Four for these employees time and work not being done on Road & Bridge.
Comm. White: From the figures shown on Page A-136, Option One costs us $45,500 to do in-house emissions testing. Option Two is your figure for outside inspections. I have done a little research and outsourcing seems to be the most viable option. You figure outsourcing @ $15,000 by counting 240 inspections @ $39.50 plus the labor, which agrees closely to my figures. $15,000 versus $45,000 makes outsourcing sound like a bargain. Part of the problem is that we are not charging each department for the cost of the service. When this program began, I believe there were only three facilities even doing this and now there are a whole lot more.
Ms. Stewart: Beth, help me out here, but I believe we spent about $30,000 on the equipment.
Comm. White: But couldn’t we auction that equipment and make more money?
Ms. Stewart: Sure.
Comm. Carter: If the vehicle goes to an outside source and has something wrong with it, it will not be fixed. Usually, it would go back to our Vehicle Maintenance to be repaired with an employee having to return to the inspection station, an outside source, causing our employees to make several trips. My understanding is that your wait at some of these outside stations may be up to four hours, making for wasted time for the employee. We are talking about all vehicles outside of our Road & Bridge vehicles because to take our R & B vehicles to outside sources would be a nightmare – I do not even know where there is an inspection station that can handle some of our road equipment. I believe outsourcing would cost us a lot more money that right now is unidentifiable.
Judge Horn: If we took a county vehicle to an outside source inspection and it failed, would our Vehicle Maintenance still maintain their status as authorized repair station?
Comm. Carter: I do not know.
Comm. White: Yes. It looks like to me we could save $30,000 by outsourcing.
Ms. Stewart: Beth just mentioned the fact that we would not be eliminating these employees and that is where the bulk of the expense is. So, I am not sure we would have a savings by outsourcing.
Comm. White: I understand but when we became Ex-Officio Commissioners, the current foreman over Emissions was promoted. Danny Smith was a mechanic and then promoted to Foreman to oversee Emissions.Move to approve outsourcing Emissions Testing by Comm. White.
Motion Failed for lack of a second.Comm. Jacobs: Do we have in the budget everything we need to properly run an in-house operation?
Ms. Stewart: It’s in Commissioner Pct.4’s budget.
Comm. Carter: That’s my goal is to remove it from my budget.
Comm. Jacobs: Couldn’t we just separate it out?
Ms. Stewart: We could set up another department just like we did Engineering and it could be charged to Road & Bridge, especially now that you have a half a million dollars in tax money in Road & Bridge.
Comm. White: Couldn’t it be moved to Vehicle Maintenance?
Ms. Stewart: It sure could.
Comm. Jacobs: Do we have a supervisor in Vehicle Maintenance that can oversee all this?
Comm. White: Lewis Newcomb could do that….
Ms. Stewart: Are we talking about charging 4.75% of someone’s salary to the Vehicle Maintenance Dept. and the remaining to Comm. Carter?
Comm. Jacobs: No, I am saying charge the whole enchilada….
Ms. Stewart: Then Comm. Carter may lose some workers….
Comm. Carter: My request is to charge those non-R & B vehicles to someone else other than R & B.
Comm. Jacobs: 4% is too little money to separate out….if we can’t move it all to vehicle inspection, than we need to leave it alone.
Comm. Carter: Are we violating the law?
Comm. Jacobs: No, we have a half a million dollars of tax money in R & B…..if we must, we could take 4.5%....What is the total budget?
Ms. Stewart: Comm. Carter has four positions in which he’s showing that 4.75% of their time is spent on non-R & B functions, one position with 40% of their time and then equipment cost of $4,275….
Comm. Jacobs: If he has four employees doing inspections, take two away and make two full-time inspectors and separate it that way.
Comm. Carter: The problem is having one employee gone and a Sheriff’s vehicle shows up that needs work done right then. Let me remove the request altogether….
BIOTERRORISM GRANT
Ms. Stewart: Item 4 on your agenda, Page 7 of the Changes Sheet, we received notice that the actual grant is going to be less than what we had included in the Recommended Budget. We will be decreasing the overall grant award and expenditures accordingly with a zero impact but we wanted to make sure the budget matched the grant award.
7. B-5) Move to approve a decrease in revenues based on the Bioterrorism Grant Award by $27,663 along with a decrease in contract labor of ($27,663) for 0 impact to the budget by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0482SALARY ADJUSTMENTS FOR DEPARTMENT HEADS & NON-CLASSIFIED EMPLOYEES
Ms. Stewart: Comm. Jacobs had asked Human Resources to come up with a salary and car allowance survey for department heads and non-classified employees. Please refer to R-57 – Salary Survey – and R-59 is for Car allowance.
Amy Phillips, Human Resource Director: These surveys concern two counties – one larger and one smaller, Collin & Ft. Bend. Page R-29 is another survey for car allowances and S-77, 78 for the salaries.Move to approve an equity adjustment, based on Surveys S-77, 78, up to 95% of the market value and outside of the 4% increase, if approved, affecting the Director of Human Resources, Director of Engineering, Fire Marshall and the Director of Economic Development for a budget impact of $20,187 by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 2-3-07. B-6) Move to approve an equity adjustment, based on Surveys R-63-65, up to 95% of the market value and apart from the possible 4% increase, for all affected positions - department heads and non-classified employees - with an impact of $30,975 for salaries by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Horn nay)
Court Order 04-04837. B-7) Move to approve the aforementioned equity adjustment, not including the possible 4% increase, for the Director of Economic Development after a six month review and a salary maximum for the Director of Engineering with a six month review by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 04-0484CAR ALLOWANCES FOR DEPARTMENT HEADS & NON-CLASSIFIED EMPLOYEES
Comm. Jacobs: When was the last time car allowances were increased?
Ms. Stewart: Except for the Veterans Service Officer awhile back, I can’t remember them ever being upgraded.
Comm. Jacobs: They’ve only had car allowances for a few years…
Ms. Stewart: Right.
Comm. Jacobs: If we were to do the 95% again, what is the cost?
Ms. Stewart: $20,187.Move to approve car allowances at 95% of market value in reference to the survey of Collin, County (Ft. Bend provides cars so survey does not apply) for the Directors of Human Resources, Purchasing, Information Services, Engineering, Facilities, Budget, Economic Development, Health, Veterans Service Officer and Fire Marshal for a budget impact of $20,187 by Comm. Jacobs, seconded by Comm. Carter.
Motion PulledComm. Mitchell: I was not in favor of doing 95% for car allowances for us, so I would not be in favor of 95% for department heads either.
Judge Horn: I think we need more information on this topic….let’s move on.
PUBLIC HEALTH CLINICAL
Ms. Stewart: We need action on a reclassification of a slot in Public Health Clinical that HR is recommending approval on Page 7 of 8 of the Changes Sheet.
7. B-8) Move to approve a reclassification of a Public Health/Clinical slot 027-HD to Office Support Specialist II, Grade 15, Step Two as recommended by Human Resources for a budget impact of $2,648 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0485
REIMBURSABLE CAR ALLOWANCES
7. B-9) Move to approve the IRS approved rate for reimbursable car allowances from .36 to .375 for a budget impact of $3,367 by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0486
RECOMMENDED NEW HIRES
7. B-10) Move to approve 22 new hires as reflected in the Recommended Budget and recommended by the Budget Office by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Carter nay)
Court Order 04-0487
COMMISSIONERS PRIORITIES
Ms. Stewart: Based on action up to this point, you are at a tax rate of 2.97% of the Effective Rate with consideration of a 2% salary raise across the board.
Comm. White: The Recommended Budget was at 2.99% over the Effective Rate.
Ms. Stewart: That’s right. That was an estimate of what we thought the rate would be….
Comm. White: My position is that I want to stay within the Recommended which is almost a 3% increase over the Effective Rate. I am capped out as to what I can support.
Ms. Stewart: FYI, Page R-61 gives you some various tax rate scenarios.
Comm. Jacobs: After much review of the immediate needs of this county, my line in the sand is that I do not want to go over 5%.
Comm. Mitchell: I would like to have stayed within the Recommended Budget with a 2% raise for everyone. I have reached my limit.
Ms. Stewart: Including everything that you listed, Comm. Jacobs, the tax rate would be at 4.90% including the recycling program.
Comm. Carter: I want to see the Road & Bridge funded, as I’ve requested, and to include the opening of the barracks, the part-time staff development person for HR and the 4% raise.
Ms. Stewart: Comm. Carter’s requests come to 4.8% and Comm. Mitchell’s is at 2.97% without the 4% raises or opening the barracks.
Judge Horn: I would like to stay within last year’s tax rate but it became evident to me early on with the increased cost of court appointed attorneys and the increase in our mandated costs, that would not be possible. My top priority is the one step increase for our employees over the 2% increase in the Recommended Budget. Second priority is opening the barracks. I believe Road & Bridge needs the new mower as requested as does TABC need the $600 for remote access charges. I agree HR needs the parttime staff development person. I am concerned about the cut of $11,000 in Training & Education for the tax office and am requesting at least $5000 of that remain. Lastly, the North Texas Commission for $5290 is necessary as is the Emergency Management request for a printer and mobile phone charges @$3345. It appears that we have three people who are supporting the one-step increase.
Ms. Stewart: Actually, there are three items that the majority of the court is supporting: the one step increase, opening the barracks and the parttime staff development person.
Comm. Jacobs: I’ll move for all three.7. B-11) Move to approve a one-step increase (4%) for eligible employees by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (White nay)
Court Order 04-04887. B-12) Move to approve opening 48 Bed Jail Expansion effective February 1, 2005 Trusty Program at a cost of $465,378 ($480,307 less tax note savings) by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-04897. B-13) Move to approve the part-time Staff Development Coordinator position, Grade 24/Step One, in Human Resources at a cost of $31,995 by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0490Ms. Stewart: We’re at 4.73%. One other item we need to address – I think you all received the email concerning the error on the County Clerk’s survey average. We need a motion on that.
7. B-14) Move to approve a correction in the Human Resource Survey/County Clerk Salary average for an increase to the County Clerk’s salary of $2,784 including benefits by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (White nay)
Court Order 04-04917. B-15) Move to approve the reduction of the Copier Rental payments per Purchasing email by ($10,000) by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0492Move to approve the recommendation of the Vehicle Committee to replace the recycling truck @ $35,400 by Comm. Jacobs, seconded by Judge Horn.
Motion Failed 2-3-0Move to approve the necessary upgrades to the Recycling Program by Comm. Jacobs.
Motion Failed for lack of a second.7. B-16) Move to approve $5290 for the North Texas Commission by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0493Move to approve joining TEX21 for a budget impact of $20,000 by Comm. Jacobs.
Motion Failed for lack of a second.Move to approve $174,244 in HMAC materials for Road & Bridge, Pct. 4 by Comm. Carter, seconded by Comm. Mitchell.
Motion Failed 1-4-0Comm. Mitchell: I would have voted for the HMA if it had come earlier but I am beyond my limit now.
Comm. Carter: What should we tell the residents of Precinct Four?7. B-17) Move to approve an increase of $73,000 in Road Maintenance Equipment (Mower-Tractor) for Road & Bridge, Precinct Four, by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Jacobs nay)
Court Order 04-0494Move to approve a reduction of $200,000 held in Contingency for housing inmates outside the county to 0 by Comm. Carter.
Motion Failed for lack of a second7. B-18) Move to approve a reduction of $100,000 of the $200,000 held in Contingency for the housing of inmates outside the County by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 04-0495
EMERGENCY MANAGEMENT
7. B-19) Move to approve $1000 increase for mobile phone monthly service fees for Emergency Management by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order 04-0496Move to approve $2,345 for a printer for Emergency Management by Judge Horn, seconded by Comm. Carter.
Motion Fails 2-3-0
AMBULANCE FUNDING
Ms. Stewart: Under Revenue on Page 1 of 1 of your Changes Sheet, there is an Ambulance Reimbursement Revenue decrease of $45,000 and under Emergency Management on Page 6 of 8, a decrease of ($25,000) for County Wide Ambulance Services per Jody. These two items go hand in hand for a $20,000 impact to our budget.
Judge Horn: No action has been taken – Jody, can you explain briefly.
Jody Gonzalez, Fire Marshal: The County cannot legally accept Medicare and Medicaid payments so we’re wanting to hand that billing over to the cities so they could recoup that funding. The original line item was $750,000 for EMS funding. For FY05 it is $775,000 – we are trying to eliminate the $45,000 revenue line item so the difference between $775,000 and $750,000 is $25,000, subtracted from the $45,000 leaves $20,000 which would be the impact to our budget.
Judge Horn: The question is whether or not we want to do that at a cost of $20,000, allowing the cities to do their own billing rather than by our EMS team and brings in more money from Medicare/Medicaid to the cities.
Comm. Carter: It sounds good and will free up some time for our EMS people.
Mr. Gonzalez: The important factor is that it provides more funding for each city than what the county can provide.Move to approve both actions; that Ambulance Reimbursement Revenue be decreased by $45,000 and decrease County Wide Ambulance Services by ($25,000), allowing the cities to collect Medicare/Medicaid for a $20,000 impact to the budget by Judge Horn, seconded by Comm. Carter.
Motion RescindedComm. Jacobs: Jody and I had a long discussion about this. The difference is that I came up with a way to do this without any impact to our budget. Since all the other agencies would be collecting more money, they will make up the difference so the county does not need to provide the $20,000 - that is the same amount that they can collect through Medicare/Medicaid by doing their own billing. So I do not understand why we are adding another $20,000 and I will be opposed to the motion. What we do need is a policy change to reflect the difference in who is doing the billing.
Comm. White: I did not think we could do that…
Comm. Jacobs: We do it – Jody and I figured it out on the white board in the Executive Session Room.
Mr. Gonzalez: I believe we still have to eliminate the Revenue Code…I guess I misunderstood, I apologize. I thought we still had to subtract the $45,000 from the $775,000.
Comm. Jacobs: Not the way we discussed it. We discussed it as a break-even scenario with the only difference being the $20,000 would be coming into their coffers from Medicare/Medicaid, not from the County.
Judge Horn: My question is do we need to address this through the budget or just through policy.
Comm. Jacobs: I believe we can address it through the policy. If that is wrong, we can always add additional funding because we would not be creating a new line item.
Comm. Carter: Worse case scenario – the impact to the budget would be $25,000?
Judge Horn: Commissioner, I hope you are totally correct and we can address it in policy.
Comm. Jacobs: Let me state, I have been a supporter of ambulance and fire funding since day one. If I am incorrect, I’ll be the first one to make the motion for funding to come from Unappropriated Contingency to fill the gap.
Mr. Gonzalez: All we have are interlocal agreements – we do not have any policy, per se, and that is my concern.
Comm. Jacobs: The policy will change the ICA accordingly.
ELIMINATION OF COUNTY PLANNING DIRECTOR
Judge Horn: I would like to see this salary reduced so as to make up for the increase we gave to the Director of Engineering.
Comm. Carter: Why reduce it – why not just eliminate the position altogether for a savings of $116,409.
Comm. White: Right – the position has been vacant for months with no discussion of filling it.7. B-20) Move to approve the deletion of County Planner for a savings of ($116,409) by Judge Horn, seconded by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-0497
COMMISSIONERS’ PRIORITIES
Move to approve $30,000 for JDS Teen Court by Comm. White, seconded by Comm. Carter.
Motion Failed 2-3-0Comm. Jacobs: A lot of our teen courts in the past have been supported by businesses and the cities, I do not believe this program should be supported by the taxpayers.
REALLOCATION OF FUNDING IN ROAD & BRIDGE
Ms. Stewart: I just had an idea that I’ve already shared with Commissioners White & Carter. Each of them are requesting asphalt-laying equipment @$327,200. We could lease-purchase that like we have done with a lot of large equipment with $100,000 down, freeing up $227,200 for purchase of needed road materials. Comm. White is not sure yet what she wants to do but she could do a budget amendment after October 1.
Comm. Jacobs: Can I call a point of order for a legal question? Tom, it is my understanding under our present system that Commissioners One & Two have to agree on budget amendments and the way we’re expending our funds.
Comm. Mitchell: Not with this new system you do not.
Comm. Jacobs: That contradicts some things I read in the statute. If that is the case, then I am going to vote no and call a point of order and say that she and I have to agree now what’s in the budget and I am saying no.
Comm. White: We’re discussing a budget item regarding the 2005 budget year.
Comm. Jacobs: If the whole system is changed just because of the way the funding was allocated, I need to know that now. If Tom can’t say yes, then come October 1, a budget amendment is still going to require us to both agree and sign off on it.
Comm. White: Why would that be?
Comm. Jacobs: Just because you changed the budget allotment does not mean that changes the statute that says we must agree.
Comm. White: Yes it does.
Comm. Jacobs: No it does not.
Comm. White: That is why we went out for an Attorney General’s opinion.
Comm. Jacobs: And I hope we get it before October 1 because I am telling you now I will sue on grounds. We still do not have a clear answer from our legal department.7. B-21) Move to approve recommendation of the Budget Officer to lease-purchase equipment totaling $347,244 and allocate $100,000 in the lease payment line item and transfer the remaining $247,244 in the HMAC materials line item for Road & Bridge Precinct Four by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (White nay)
Court Order 04-0498Comm. White: I voted no because I do not go along with the premise that you, Commissioner Carter, had to have approval from Comm. Mitchell because this concerns the budget for FY04-05.
Comm. Mitchell: I agree.
Comm. Jacobs: I do not agree….we still do not have an answer from our attorney. If everyone is so sure, why is Tom not agreeing?
Comm. White: I do not know – I cannot read his mind – and in this case, it doesn’t matter.
Comm. Jacobs: It does to me.
Comm. White: If this system is illegal then that should have been brought up when the motion was made for funding allocation, not now. Certainly, before this budget is complete, that question has to be answered. The whole budget is based on that motion.
Comm. Jacobs: I was not aware of that. All that motion did was change the percentages of the budget not the laws governing the system.
Mr. Keever: I would like some time but I don’t think it’s going to make any difference.
Comm. Jacobs: When you make your conclusion, I would like to see its basis.
Mr. Keever: All right.
PROPOSED TAX RATE & SETTING OF PUBLIC HEARING
Judge Horn: We need to propose a tax rate and set the date and time of the Public Hearing today.
Ms. Stewart: Based on the action taken by the court so far, we’re looking at a budget around 128.9 million dollars with a proposed tax rate of .25479 for a 4.56% increase above the Effective Rate.
Judge Horn: What is an even 5%......about .256, isn’t it? The reason I am asking is that I would like to address the Fund Balance with the difference.
Ms. Stewart: Currently the Fund Balance is at 15.7 million and add $375,000 to the Fund Balance with an even 5%. The rate would be .25587.Comm. Jacobs: Before we vote on the rate, I need to make a statement. I have just been informed by email from Bruce Dotterer, our Administrative Foreman for Pcts. 1 & 2, that I am facing approximately $190,000 project in a subdivision that totally lies within my precinct. If it is determined that I have no input on where R & B funds go, and it is evident that I do not have that kind of money in my entire budget and therefore, as Road Commissioner, I would not be able to complete the requirements of the statute. If that is the case, then I would have to demand that an entire Road & Bridge crew be set-up in my precinct so I am able to do that requisite work as per the statute and as an Ex-Officio Road Commissioner. I would like that to be in the minutes and that Ms. Stewart provides that in the budget so I have a legal right to provide what is required by statute.
Comm. White: I am aware of that situation. Both Comm. Carter and I have used our discretionary fund money for various projects.
Comm. Mitchell: So have I.
Comm. White: Right - so I do not see your situation as any different. And, $190,000 would be enough to redo all your roads in your entire precinct.
Comm. Jacobs: No, it would not.
Comm. White: You have 3.5 miles of road in your precinct.
Comm. Jacobs: That is not correct – there has been a change you are not aware of.
Comm. White: I too would like to totally redo my 398 miles of road in my precinct.
Comm. Jacobs: I will again call for a point of order. The statute provides that as an Ex-Officio Commissioner each of us is to have our own Road & Bridge crew. I have been living without that for almost a year now and with this change of attitude on the court by not providing the budgetary commitments that are needed, I have a legal responsibility as an Elected Official to uphold the statute.
Comm. White: First of all, I am not confident that our Administrative Foreman has made the statement that this work has to be done.
Comm. Jacobs: He is providing his statement in writing and I would like this item to be on the Agenda next week so we can get some answers from Tom.
7. O) Move to approve a proposed tax rate of .25587 – a 5% Tax Rate Increase over the Effective Rate - and set a date for the Public Hearing of Tuesday, August 31, 2004, at 11:00 a.m. in Commissioners Courtroom in the Courthouse on the Square at 110 West Hickory, Denton, Texas, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order 04-0499Comm. Jacobs: Depending on the answer from our Civil Attorney, this scenario could change so at this point, it is just a proposed tax rate.
Comm. Carter: By my calculations it is less than a penny and will impact a resident of an average home about $13.00 per year, keeping in mind that we still have the lowest tax rate of any county our size in the State of Texas. I believe this is an appropriate move.
Judge Horn: The opening of the jail barracks is not only necessary as far as keeping us from housing prisoners out of county but I believe it will also ultimately save us money with the usage of jail trusties.
Comm. Carter: I want to thank Donna and her staff for all the hard work they have done. Donna, I want to thank you personally for your idea of leasing the equipment so as to provide funding for much needed road material in my precinct.
Judge Horn: We all echo his sentiments – Donna and staff, thank you. Thank You to all department heads and Legal. It is a cooperative effort.
ITEM 19 ADJOURNMENT 6:12 p.m.
This set of minutes for August 10, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.