The Collin County Observer

Ron Harris, who lost the 2006 primary re-election bid to County Judge Keith Self, is quoted in the McKinney Courier-Gazette, as saying he is interested in running for Florence Shapiro's Texas Senate seat.

Since his defeat, Harris has been working as a consultant to billionaire Texas oilman T. Boone Pickens and Mesa Water. Last year, Pickens' engineered the formation of a panhandle "Fresh Water Supply District" consisting of two voters in Roberts County. The two voters: Pickens' ranch manager, Alton Boone, and his wife, Lu.

The Roberts County Fresh Water Supply District is now poised to purchase or condemn thousands of acres of private land from the panhandle to DFW, and to pay for the easement with $101 million in tax free bonds already authorized by the Water Supply District.

It seems insane, but it is legal.
Those two 'bought and paid for' voters now have the power, and Pickens has the will, to drill wells into the Ogallala Aquifer and construct a massive pipeline across 12 North Texas counties from Roberts County to the Metroplex.

The Ogallala Aquifer is a huge underground reservoir that is already threatened or depleted over much of the American prairie. Even so, Pickens asserts that he can pump billions of gallons from the high plains with no effect on the local environment or future water supply.

“I think there is a lot of work to be done. Now, that I’ve been working with Boone Pickens I’m aware that we’ve got big water supply and electricity needs in North Texas. His water and electricity is going to be little more expensive, but what would it look like if the New York Times and the Wall Street Journal had headlines that said, ‘North Texas is out of water’”
Ron Harris

Who wins?
Well to hear Harris and Pickens, consumers in DFW will. So will the Roberts County ranchers who will sell their underground water to Pickens' Mesa Water. And so will the property owners who will be paid fair market value for their land - whether they like it or not.

Ron Harris has spent the last year working to convince local governments and ranchers that the pipeline and the expensive water it carries will be good for them.

Critics, however, point out that the big winner is, you guessed it - T. Boone Pickens. Pickens already owns much of the water rights, and his company will win big as his water travels from Mesa Water to Dallas.

Pickens also owns Mesa Power, which is constructing what may be the nation's largest electric wind farm. Electricity generated by thousands of Mesa windmills in Roberts County will be delivered to the DFW region on power lines built on Mesa Water's easement.

How could two voters take control over so much power and land?
Back in 2006, I listened to a presentation given to the Collin County Commissioners by the powerful bond lawyer, Ray Hutchison (the spouse of Senator Kay Bailey Hutchison). Hutchison warned the commissioners that the way Texas law was written, Fresh Water Supply Districts, had huge powers that could not be preempted by local authorities.

It would seem that Ron Harris was a good listener.

Now Harris wants to represent Plano's Senate District 8. His goal? Convince the state that it needs Pickens' water and electricity.

Ain't democracy wonderful?

Bill

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MCG-Former county judge Ron Harris to seek State Sen. District 8 seat

By Brandi Hart, McKinney Courier-Gazette
Tuesday, July 8, 2008

Former Collin County Judge Ron Harris announced on Monday that he is running for the Texas Senate District 8 seat, currently held by Sen. Florence Shapiro (Rep.) in 2010, if Shapiro opts to run for the United States Senate seat currently held by Sen. Kay Bailey Hutchison (Rep.).

Shapiro is looking to form an exploratory committee to run for Hutchison’s seat if Hutchison were to resign from the senate to run for governor in the March 2010 Republican primary election, according to officials at Shapiro’s Dallas office. Attempts to reach Shapiro about the exploratory committee by deadline on Tuesday were unsuccessful.

If Hutchison were to run for the gubernatorial election in the March 2010 Republican primary, the governor would appoints someone to fill Hutchison’s vacancy and would also call a special election that would be held in May or November to fill Hutchison’s seat as her term expires in 2012.

Matt Mackowiak, press secretary for Hutchison said that Hutchison has not made any statements about running for any gubernatorial races. Hutchison previously told a Texas magazine editor that she would not run for another term in the senate after she was re-elected in 2006, and that she may not choose to serve all of her current term, Mackowiak said.

Harris said that he will not run against Shapiro if she chooses not to run for Hutchison’s U.S. senate seat and to instead seek re-election for her state senate seat.

“I think Florence wants to run for the US Senate. I don’t have any criticisms of Florence Shapiro. She is one of the strongest local government advocates in the state senate,” Harris said.

His goals for office would be to find more water sources and to conserve electricity for North Texas, and use renewable sources of energy and improve the growing transportation needs throughout the areas of Collin County and Dallas County that are in Texas Senate District 8.

Harris is currently working as a consultant for the Mesa Power Pampa, LLC, that is owned by Boone Pickens, who wants to sell and transport water from a West Texas reservoir to North Texas cities, and is building wind turbines in Northwest Texas and using them as wind power. He served as the county judge over the Collin County Commissioner’s Court from 1991 to 2006 and was on the Plano City Council from 1985 to 1990. He has also served on many North Central Texas Council of Governments’ committees, including the NCTCOG’s Regional Transportation Council.

“I think there is a lot of work to be done. Now, that I’ve been working with Boone Pickens I’m aware that we’ve got big water supply and electricity needs in North Texas. His water and electricity is going to be little more expensive, but what would it look like if the New York Times and the Wall Street Journal had headlines that said, ‘North Texas is out of water’,” Harris said.

read more....

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Previous Collin County Observer coverage:

Two voters approve water district, CCO Nov. 7, 2007

Pickens Water Plan Poised to Gain Bond, Condemnation Authority, Bloomberg Nov. 6, 2007

Pickens-backed Panhandle district likely to pass unanimously, CCO Nov. 1, 2007

Billionaire seeks tax-exempt district for private water project, Austin American Statesman Sept. 13, 2007

Mesa gets Election on Freshwater Supply Scheme, Dallas Morning News Sept. 5, 2007

Ron Harris fronts for Mesa scheme, CCO Sept. 2, 2007

Pickens seeks Kaufman's help to harness Panhandle's water, power, Dallas Morning News Sept. 1, 2007

Plano eliminating 50 vacant positions to ease budget woes

Monday, July 7, 2008
By Theodore Kim / The Dallas Morning News

The city of Plano plans to eliminate 50 vacant positions to help close a projected budget shortfall, city officials said today.

Administrators say the cuts, which involve cutting 43 full-time jobs and 7 part-time positions, could save the city as much as $3.1 million annually.

Those cuts include trimming from police and fire services. At a special session this evening, the Plano City Council is expected to approve the elimination of 11 police officers and six firefighters. Cutting civil service positions, like in the police and fire departments, requires council action.

None of the positions being cut are currently filled, and city officials stressed that citizens will witness no immediate impact in services.

Still, the cuts mark the latest dark cloud for a city that, like many communities in the area, is being squeezed by high fuel costs, a rough housing market and other forces.

Plano, which is required to pass a new budget by September, faces an estimated $17 million gap. That gap will eventually widen in future years unless the city acts.

read more....

Judge Keith Self today appointed Collin County GOP Chair Kathy Ward to the vacant precinct 4 commissioner's post held by Jack Hatchell until his death on June 28.

Her appointment will run through 2008. In November, the voters will elect a replacement for the remainder of the unexpired term that ends on January 1, 2011.

It is not known if Ms. Ward plans to run in November for the remainder of the unexpired term.

Bill

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From a Collin County press release:

County Judge names Kathy Ward to fill vacant Precinct 4 seat

COLLIN COUNTY
Public Information Office
FOR IMMEDIATE RELEASE: July 7, 2008

McKINNEY, Texas – Collin County Judge Keith Self named Kathy Ward on Monday as County Commissioner for Precinct 4.

The appointment fills the Commissioners Court seat until the November general election, which will decide who will serve out the remainder of the term for Precinct 4. The vacancy was created when Commissioner Jack Hatchell died on June 28.

Ward, 41, is director of operations for a local financial consulting company and the current chairwoman of the Collin County Republican Party. She will be sworn into office on Tuesday, July 8, at 1 p.m., and begin her duties as county commissioner in the court session at 1:30 p.m.

Precinct 4 represents more than 130,000 residents, running generally from the southwest corner of the county and north from Independence Parkway to U.S. 75 in Plano.

Tuesday's commissioners court agenda item #11, calls for "Consideration, discussion, and any action regarding the Financial Transparency Project".

I hope that the court takes a serious stand in opening up the county's checkbook to inspection by the taxpayers.

Last October, The Collin County Observer called on the county to put its checkbook on the internet (Where does the money go?, CCO Oct. 13, 2007).

As a result of HB3430, The State of Texas is starting to just that - all state departments are required to post a database of all expenditures and disbursements on the internet for public inspection and analysis.

Collin County should do the same.

As it stands now, the only way a citizen can find out how county money is spent is to ask for an open records request. That request can ask for specific documents - but you need to figure out what documents to ask for.

The county has a long way to go towards opening its financial dealings. For example:

At every Commissioners Court meeting, there is an agenda item to approve disbursements - but unlike other agenda items, there is never any supporting documentation in the court packet to explain or detail the expenditures.

Tax refunds are detailed, often to the tune of 50 or more pages of lists, but no lists of checks are ever published for public view.

Bid requests, bid awards, project change orders ...even business card purchases are detailed in the packet. Why are the disbursements kept out of sight?

Even this week's report on the Financial Transparency Project has no supporting documents attached to the commissioners packet. The great majority of reports and presentations the commissioners will hear are pre-published in the packet - not so the Transparency Project.

The commissioners are already under fire for withholding access of their computer systems from the County Auditor. Their actions smack of "good old boy" tactics, better suited for an earlier era.

To avoid further fostering an image of "closed shop", it's time the county opened up all their books and financial dealings to public inspection. Putting a database on the web of all expenditures is a simple, doable action that can help bring the light of day to the operation of Collin County Government.

Bill

Note: The Commissioners Court will meet this Tuesday, July 8th at 1:30 P.M.

The discussion of the Financial Transparency Project is agenda item #11. The Court does allow public comment on any agenda item, simply fill out a card before the meeting to request your right to speak on agenda item #11.

The meeting is on the 6th Floor of the Collin County Courthouse at 210 S. McDonald St. in McKinney

The Commissioners Court has once again canceled a scheduled workshop meeting due to lack of attendance.

Only one commissioner is able to attend the July 15th workshop - three must be there to make a quorum.

As I reported last November (Commissioners agree: They work too hard!, CCO, Nov. 28, 2007), the court scaled back the twice a month workshops to once a month - but even that rigorous 3 meetings a month schedule has proven to be too much for our over worked and over paid elected commissioners.

The workshops were an outcome of the 2006 campaign, where "Open Government" was a key issue in both the County judge and Commissioners' races. Judge Self pushed for the twice a month workshops, and he and the court have been backing off that schedule ever since.

Is it time for an attendance policy for elected commissioners? Will they be refunding to the taxpayers the average $15,000 per meeting commissioners' salary paid out of tax funds?

Bill

Just like the rest of us, Collin County is having to deal with rising gasoline, diesel and electricity costs.

With 570 on-the-road and off-the-road vehicles, the county goes through over 7,500 gallons of fuel a week.

Last month, Public Works Director Jon Kleinheksel asked for (and got) court approval to add $200,000 to the fuel accounts. Kleinheksel told the court that the the accounts were completely out of money, and that the cause was 100% energy cost.

I spoke to Kleinheksel effect of high gas prices on the county's operations. He told me that with the addition of 2 Toyota Prius's, the county now owns 8 hybrid or alternative fuel vehicles.

Last month, the Dallas Morning News reported that Dallas County owned only one hybrid automobile.

Kleinheksel also told me that the county was actively looking at the possibility of using TERP grants to upgrade the older diesel engines to more efficient models. He also said the county was looking hard at alternative fuels, especially using liquefied natural gas instead of diesel.

I was surprised to learn that one of the hybrids in the county's fleet is used as a working patrol vehicle in one of the Constable's offices. I asked the officer who drove the car how he liked it, as compared to the usual Crown Victoria. I was told the car was comfortable and "did the job", while getting almost 40 miles to the gallon.

When I asked about its ability as a traffic patrol vehicle, the deputy told me that while he mostly served court papers, he did do some traffic enforcement - and one time, he pulled over a speeder who he clocked at 88 miles an hour. (With the Prius's top speed of 90 mph, that was a close one!)

Electricity prices are also having a negative effect on the county budget. This Tuesday, the commissioners court will ponder a budget amendment moving $92,400 from various maintenance accounts to pay the rising electricity costs for the new Bloomdale Rd. courthouse.

Bill


Note:
At the last meeting, Jerry Hoagland cast the sole "No" vote for the increase to the gas and fuel budget. Since the fuels fund was completely depleted, it is unclear how Hoagland would propose the Sheriff's deputies patrol the county (maybe bicycles?). On Tuesday we'll see if Mr. Hoagland wants the county's courts to hold criminal trials in the dark.

Pegasus News reprinted a post from Scott Henson at the criminal justice blog, Grits for Breakfast, listing a series of Collin County law and justice scandals.

I would add the alarming increase in suicides at the Collin County jail to Henson's list

Bill

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Plano and Collin County in midst of series of ugly scandals

By Scott Henson of Grits For Breakfast
Published in Pegasus News

Has anybody else noticed the steady stream of ugly law enforcement scandals and allegations of corruption coming out in Plano recently, some of them dating back two decades? Taken together, they paint quite a portrait of the Collin County justice system. Here's my own hastily compiled short list, and I'll bet Bill Baumbach could add to it:

Judge and DA Slept Together? According to an affidavit filed by a former Assistant DA in the Charles Hood capital murder case, from 1987 - 1993 then-Judge Verla Sue Holland carried on an affair with then-District Attorney Tim O'Connell, including in cases where the DA personally acted as an attorney before the judge. (She later went on to serve on the Court of Criminal Appeals, Texas' highest criminal court.) Both Holland and O'Connell have refused to confirm or deny the explosive allegations.

Setting Up Innocent People? Last fall a federal civil rights lawsuit alleged that four Plano officers conspired with a man's wife in a bizarre scheme to set him up on on a DWI charge.

Steroid Use by Police? Steroid dealer David Jacobs alleged steroid use by five Metroplex police departments including Plano PD. Dallas police implemented steroid testing in response but the others did not.

Highest Probation Revocation Rate: Though the numbers appear somewhat overstated, Collin County's probation department reported the highest rates of revoked probationers of any large county in Texas.

Sweetheart Pharma Contract? A district judge lost his bid for re-election in March after requiring probationers to use an unproven anti-addiction medication but keeping no records about the program.

Pandering to NIMBYism: State Rep. Jodie Laubenberg from Collin County led the charge last year to chase one of the area's few halfway houses out of existence.

Hounding Gay Employee? After Collin County ousted its well-regarded teen court coordinator allegedly because he's a homosexual, the Dallas Morning News asked, "What can be said about an employer who runs off a solid worker because he is gay? Nothing good."

False Conviction Overturned by DNA: The man convicted for a high-profile child rape and murder in Plano from the '90s that spawned Texas' sex offender registration laws turned out to be innocent, and the Collin DA acquiesced in his release from death row after DNA proved someone else committed the crime.

These stories don't tell the whole tale - e.g., I know there are good programs going on at the Collin County probation department and their DWI court - but doesn't that seem like quite a bit of dysfunctionality arising from a single locale?

My post "County Boards should not meet in homes" elicited responses from both Keith Self, the County Judge and from Mabrie Jackson, the President of the CPS Board.

Judge Self's response was to inform me that the dinner meeting was legal (I already knew that). I posted his email to me as a comment to yesterday's posting.

Ms. Jackson's response speaks for itself. My only comment is to note that the members of that board are doing a great and thankless service to our county and our children. I hope that any interest I have stirred up about the CPS Board will translate into a greater community involvement in the good work they are doing.

Hopefully, the next 3 years will bring more than just 2 citizens showing an interest in the work of the CPS Board.

Bill

-----------------------------
Mabrie Jackson responds to "County Boards should not meet in homes":

Hi Bill.

In no way, would I have conducted or intended to conduct a meeting that was not open to the public, hence the posting of all our meetings. My intention for the July 21st meeting was to have a nice evening to express my personal appreciation to the CPS directors and to the CPS Board members for their service. This has been the most rewarding act of community service I have been a part of to date. I am not seeking another term on the Board since being elected to City Council.

This is an unusual Board that requires a lot of hard work to raise money, and the last meeting was emotionally taxing for everyone dealing with the funeral arrangements for the 2 children who died in the awful wreck at Custer/Legacy. It is difficult to appoint people to the CPS Board who are willing to put in the hours required to meet the needs of our children. In addition to our County function, we are a 501c3 organization that raises money to help the foster children and their families who are wards of the State. We pay for medicines, care and adolescent needs not covered by the County or the State (a lot of it)--PCs for kids graduating out of the system who are going on to college, after school tutoring, sports participation, graduation and prom expenses, summer camps, etc. We deal with complex interstate Medicaid regulations, legal issues and abuse issues that keep us awake at night.

In my 3 years on the CPS Board, and last 2 1/2 as President, we have had 2 people from the public attend our meetings. I welcome anyone to attend our upcoming meeting, and if I know who may be coming, I will plan for them to stay for dinner. We will most likely have dinner upon adjournment so anyone who wishes to attend the meeting may leave afterward if they wish.

If you are interested in writing about the good things being done in our county, we would love to share with you the accomplishments of our Board, the finest work from our CPS staff and the great stories from our law enforcement who are able to bring justice to real "bad guys".

Regards,
Mabrie Jackson
President
Collin County CPS Board

Editorial: Clean-air plan falls short

Thursday, July 3, 2008 / Dallas Morning News Editorial Board

From the start, the Texas Commission on Environmental Quality has appeared more concerned with getting approval for its air quality plan than with actually improving the quality of North Texas air.

This week, the TCEQ got its wish when the Environmental Protection Agency announced that it would sign off on the state's smog-reduction proposal for Dallas-Fort Worth. The preliminary approval marked a surprising – and disappointing – about-face by EPA officials, who had gone to great lengths to criticize earlier versions of the less-than-aggressive plan.

After submitting a first draft in late 2006, the TCEQ had stripped out the few teeth included in the proposal, backing off traffic control measures and required emissions cuts from industrial polluters. At the time, the plan was almost universally panned, but state officials spent a year convincing the EPA that it would suffice.

Never mind that the state's own models predict that two of North Texas' nine monitors will continue to exceed ozone limits. EPA Regional Administrator Richard Greene now says he's satisfied with recent modifications to the plan. And he noted that the region can't afford to wait to reduce lung-scarring ozone.

On the latter point, Mr. Greene is correct.

read more....

Today, the county posted a notice of a Public Meeting of the Collin County Child Protective Services Board.

According to the Collin County website, the CPS Board, "Meets fourth Monday each month, 6:00 pm, Children's Advocacy Center." Its job is, "To provide an ongoing program for the protection, care and well-being of dependent, neglected and abused children of Collin County. Members work through and with the cooperation of the Texas Department of Human Services, Child Welfare Division, to encourage, engage, promote and participate in activities that will benefit all children of the county."

The 2008 county budget grants the CPS Board about $45,000 for "maintenance and operations".

The meeting agenda posted today calls for the next CPS meeting to consist of dinner, executive session and an open session (to discuss and pass on "special needs requests"). The meeting is to be held on July 21st at 5:30 PM at the home of the board chairperson, Mabrie Jackson. Board members are asked to R.S.V.P.

Should county boards conduct official business over dinner in a private home?

I think not.

Collin County owns or leases numerous buildings suitable for a public meeting. There is the courthouse and 2 annex buildings on McDonald St., the court building on Graves St, the new complex on Bloom Rd. and several other buildings scattered over McKinney. Every one of these buildings is "public". The taxpayers own the buildings and their right to access is unquestioned.

A private home is just that - private. Collin County citizens are not guaranteed the right to enter and stay in a private residence, nor should they be.

The Texas Open Meetings Act requires that all government meetings be held in open session, with proper notice and be accessible to the public. And the federal Americans with disability Act requires that all public meetings be held in a place that is handicap accessible.

It seems to this author that the intent of the Open Meetings Act is clear - government meetings should be wide open to the public.

The Open Meetings Act does allow for board members to meet for purely social functions. However this meeting is not social. The agenda calls for official business to be conducted. This meeting seems to unnecessarily blur the dividing line between social function and public business.

I'm sure that Ms. Jackson's intent is to simply have an enjoyable meeting and a nice meal.

However good the intent, holding this meeting is bad policy. Government boards should function in a deliberative and public manner - not convene at a dinner party.

The County Judge should require that Ms. Jackson move the meeting to a public building, and reschedule the dinner party as a pure social event and on another date.

Bill

Note:
The CPS July agenda is here

I have sent the following email to County Judge Keith Self:

Judge Self,
I have published the article below on the Collin County Observer.
Holding a meeting of a county board in a private home would seem to be poor public policy. I ask that you look into the matter and take action to require that the spirit and intent of the Texas Open Meetings Act be preserved and that the CPS Board meeting be removed to a more appropriate venue.

Bill Baumbach

232 years ago - On July 2, 1776, the Second Continental Congress, meeting in Philadelphia, passed the "Lee Resolution".

This act of congress declared our independence from England.

Two days later, on July 4, the congress passed the Declaration of Independence, formally announcing to the world the passage of the Lee Resolution.

The Lee Resolution

Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.

That it is expedient forthwith to take the most effectual measures for forming foreign Alliances.

That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.

While we now celebrate the announcement of the Declaration on July 4th as our nation's Independence Day, it was really on July 2, 1776 that the 13 colonies formally declared their independence from Great Britain.

Bill

In a press conference today, the US Environmental Protection Agency (EPA) announced it has given conditional approval to the much maligned DFW Air Plan proposed by the Texas Commission on Environmental Policy (TCEQ). Conditional approval means there will be a 30 day public comment period before the regional air plan receives final EPA approval.

"The Dallas-Fort Worth area currently does not meet the federal air quality standard for ozone, which is a harmful air pollutant."
EPA Press Release

While the EPA touted DFW's plan as the "first clean air plan" in the nation set for approval, their press release also noted that, currently does not meet the federal air quality standard for ozone, which is a harmful air pollutant."

The EPA cited progress in TERP and AirCheckTexas programs for reducing pollution emissions by 88 tons a day. TERP is a program using grant money to help owners replace old inefficient diesel engines; AirCheckTexas provides funds to offer up to $3,000 to low income families so they may replace older polluting cars.

The Dallas Morning News noted that, " EPA Regional Administrator Richard Greene approved the state’s plan after a year of talks with the state’s environmental agency, the Texas Commission on Environmental Quality. When the state commission adopted the plan in May 2007, Mr. Greene said he would not approve it without changes."

The move by the EPA shocked local environmental organizations. Some said that they were blind-sided by today's announcement, claiming the TCEQ had hijacked the approval process.

Environmental activists also said that the plan does little to address point source emissions from industry, cement kilns and power plants. These activists note that the TXI cement plant in Ellis County alone emits VOC and NOX pollutants equal to 400,000 automobiles. (VOC and NOX contribute to the rise of ozone levels, and smog.)

Critics also complain that while the plan "appears" to meet the standard for 2010, any new source of emissions will immediately put the plan far out of compliance. They note that TXU has already gained TCEQ approval for their Oak Grove plant, and that the state seems ready to approve a natural gas plant in Corsicana. According to these environmental activists, either one of these projects will push DFW's pollution level over the permitted level.

While local leaders are celebrating finally writing a plan that received EPA approval, the celebrations may be premature. The DFW area is frequently under ozone alerts, and the region needs more sources of electrical power. Public transportation is still largely based on single passenger automobiles, and we need to expand our industrial base. This plan, the region's third attempt at grasping a solution to our growing air pollution, seems doomed from the outset.

Bill

The EPA's announcement is here

The Dallas Morning News' coverage is here

The Fort Worth Star-Telegram's coverage is here

Downwinders at Risk website is here

North Texas Clean Air Coalition website is here

Collin County looks pretty good in two "best" lists published today.

Forbes Magazine rated Collin County as the 14th of 20 "Best places to raise a family". The Forbes article stated that the county was, "Home to the burgeoning northern suburbs of Dallas, Collin County is a great value play for families. An affordable median house price of $191,000 means access to a school system that boasts a 1,103 average SAT score and a graduation rate of 93%."

However Forbes also noted, "One caveat: a sub-par crime rate of 34.7 index crimes per 1,000 people. That's four times higher than Hunterdon County, N.J., the safest county on our list."

Salary.com rated Plano as, "The best city in which to build vast personal wealth".

According to a recent article in the Dallas Business Journal, "Salary.com's "2008 Salary Value Index" surveyed 69 metropolitan areas with more than 250,000 people and ranked the best and worst places to build personal wealth and raise a family.

Rounding out the top five cities where it's easiest to get rich include No. 2 Aurora, Colo.; No. 3 Omaha, Neb.; No. 4 Minneapolis and No. 5 Albuquerque, N.M."

No mention was made of how those who failed to achieve "vast personal wealth" could obtain decent health care.

Bill

Council opens board, commission appointments to public meeting

By Brandi Hart, McKinney Courier-Gazette
Tuesday, July 1, 2008

The McKinney City Council approved a resolution on Monday to appoint residents to city boards and commissions in an open, public meeting and to no longer have council members be voting members on the McKinney Community Development Corporation.

The council has previously discussed appointments to boards and commissions in closed sessions that were not open to the public. The resolution also established term limits for board and commissions to allow a person to serve no more than two consecutive terms on a board or commission.

Council member for District 4 Ray Ricchi asked what the council’s previous policy or unwritten rule was on term limits for boards and commissions. He said he was re-appointed to the McKinney Economic Development Corp.’s board of directors for more than two consecutive terms prior to being elected to council.

The resolution also set eligibility guidelines for board and commission members: the board and commission member must live in the McKinney city limits; cannot be married to another board or commission member on the same board or commission; and cannot serve on more than one board or commission.

The resolution also states that boards and commissions should be comprised of members of the four council districts, and to have adequate representation from all geographic areas of the city in the overall appointment process. The board and commission membership shall reflect the city of McKinney’s diversity of residents, the resolution states.

read more....

Bill comments:

Horray for the McKinney City Council. Their decision to move appointments out of secret sessions and into the light of public view needs to inspire similar actions by other cities and our own county commissioners court.

Editorial: Ethics questions in Charles Dean Hood case

Monday, June 30, 2008 / Dallas Morning News Editorial Board

It is impossible to stand by the murder conviction of Charles Dean Hood without examining charges of corruption against the very Collin County court where he was sentenced to die.

Yet there has been no indication that courts at any level are interested in delving into accusations of unethical, unconstitutional behavior – a secret affair – by the trial judge and district attorney.

The public deserves more than avoidance. This is more than a question of guilt or innocence of one man. Rather, the judiciary must recognize the cloud of suspicion that hovers and the need to clear the air.

Failure to do so risks casting doubt on the quality of justice for the entire period in which Tom O'Connell was DA and Sue Holland presided over cases brought by his office. The integrity of other cases is drawn into question, and that is an affront to a host of crime victims.

As it stands, Presiding State District Judge John Nelms of Collin County has reset Mr. Hood's execution date for Sept. 10. He passed up the chance to examine years-old attacks on Judge Holland's impartiality, kicking the matter up to the Texas Court of Criminal Appeals. That prolonged the unseemly game of hot potato that has been going on since the postponement of Mr. Hood's last date with the executioner, June 17.

The appeals judges have dismissed charges of an intimate relationship as tardy and unsubstantiated, this despite a new, sworn statement from someone they should not ignore – an assistant to the former DA.

Indeed, none of the new information amounts to hard evidence that Judge Holland and Mr. O'Connell were having a secret romance during Mr. Hood's 1990 murder trial. The DA presented compelling evidence that Mr. Hood murdered his employer, Ronald Williamson of Plano, and Mr. Williamson's girlfriend, Tracie Lynn Wallace.

The current district attorney, John Roach, might escape a court order to divulge any inside information on the alleged tryst, and Mr. Hood may go to his grave in September.

None of that would bury lingering doubts about justice in Collin County.

Mr. Roach may need to find his own way to address those questions.

The Collin County Observer has learned that County Commissioner Jack Hatchell of Plano died last night, presumably as a result of his long battle with cancer.

Commissioner Hatchell was a graduate of Texas A&M, an army veteran and a registered civil engineer. Previous to his serving as Commissioner for Collin County Precinct 4, Mr. Hatchell was a city councilman in Plano.

Commissioner Hatchell was a long serving board member of the NCTCOG. Earlier this month, COG presented him with the William J. Pitstick Regional Excellence Award. He was commended for his outstanding public service career in local and state government and his proactive leadership on transportation issues.

Mr. Hatchell attended last week's commissioners court meeting, where he cast the deciding vote for the county's homestead exemption. At that meeting, Mr. Hatchell was obviously emotionally moved when the commissioners recognized him for receiving the Pitstick award.

As a personal note, I have always had the greatest respect for Commissioner Hatchell. His knowledge of transportation issues was exhaustive. He was always willing to share his wisdom with a candor not often seen in elected politicians. In his dealings with me, he unfailingly displayed the dignity and fairness of a gentleman.

At this time, no funeral arrangements have been released.

My prayers and condolances go to his wife Pat and to his children and grandchildren. He will be missed.

Bill

Dallas Morning News coverage is here

McKinney Courier-Gazette coverage is here.

Chamber PAC: Invoice change, more separation needed

June 27, 2008
McKinney Courier-Gazette Editorial

The McKinney Chamber of Commerce is an invaluable part of the city.

It shares the credit for McKinney’s business explosion. Its luncheons and programs provide needed information to entrepreneurs and managers. It has an innovative partnership with city government in the Business Recruitment and Expansion Program. The chamber’s Women’s Alliance of McKinney and Young Professionals group support niches in town that are vitally important to the business community’s growth.

The McKinney Chamber has taken a leadership role, as well. The Leadership McKinney program provides a select group of people each year with an in-depth look at how the city, school district and county operate. Last year’s introduction of a candidate school helps train city council, school board, county commissioner and legislative candidates to be ready to roll upon election.

The fact is, the McKinney Chamber of Commerce does many very good things. Its staff and board of directors care about McKinney’s business community - and the whole of the city.

The chamber does, however, need to change how it handles its role in local politics.

The chamber’s Committee to Inform Voters on Business Issues and Candidates (CIVBIC), a political action committee, actively solicits donations to support its mission. In fact, it encourages donations by listing an optional donation as part of its annual membership invoice…and that’s what causes a lot of the problems. The McKinney Courier-Gazette reported last week that many non-profit organizations, including charities and churches, have unknowingly paid $24.20 or $25 to the PAC as part of their membership dues. This is unconscionable.

The membership invoice has three line items: Annual dues, contribution to CIVBIC and contribution to the chamber’s foundation. The last two are listed as “optional.”

All well and good, but the problem is, they are all added up in the “total due” line. That means that members get the message that they owe the chamber, say $300, when they really just owe $250. It’s a common ploy used to get more money; many people are busy, know that chamber membership is important to their organization, and just look at the bottom line. They write the check and are done with it for the year.

Buyer beware. This method may work in retail and other businesses, but we’re talking about non-profit organizations in the chamber and its PAC. The chamber works hand in hand with city, county and school governments. By soliciting PAC funds in this way, it is making it very easy for charities that are desperately seeking money to simply give away $50 it could use to help people in need.

As Samaritan Inn executive director Lynne Sipiora states in a letter published elsewhere on this page, that money could have - and should have - been used to help the homeless shelter’s clientele. It would fund two-thirds of a day of care for a homeless person, she writes.

The McKinney Housing Authority also inadvertently donated. It receives funding from the federal Department of Housing and Urban Development. That makes it illegal for the MHA to donate to a PAC.

The fact is that the invoice line does not explain that CIVBIC is a political action committee. There is a line at the bottom of the invoice that refers to it as a PAC in the middle of an explanation that those funds are not tax-deductible as charitable contributions.

But who reads the fine print at the bottom of an invoice? If you’re part of a short-staffed, volunteer-driven non-profit, you’re not going to read every nook and cranny of an invoice for membership in a community organization that you routinely renew.

This is felt even among businesses who renew chamber memberships. Even lawyer Bill Vitz, who as a McKinney city councilman has been outspoken in his opposition to the chamber PAC's endorsement of candidates, contributed to CIVBIC through his law firm. A busy employee simply paid the amount due.

But the chamber needs to address this issue, and address it quickly.

It has already taken one step for the good. Word came on Friday that the chamber will honor requests for refunds of the PAC donation for people who made the payment in error.

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Editorial: Collin County wrong to run off gay worker

Saturday, June 28, 2008
Dallas Morning News Editorial Board

What can be said about an employer who runs off a solid worker because he is gay?

Nothing good.

That harsh judgment applies to Collin County commissioners for their treatment of Justin Nichols, who was jettisoned despite administering a successful teen court program for nearly two years.

Mr. Nichols was, in essence, bought off by a commissioners court afraid of the political downside of a gay employee interacting with young people. He left the payroll under terms of an agreement that the county wanted to keep secret – ugh! – but that were made public anyway, as required by law.

Mr. Nichols, 23, is a young, energetic, civically engaged graduate of Southern Methodist University. A Republican, he fits the political profile of the conservative community.

But to some officials, the fact that Mr. Nichols is gay made him politically radioactive.

Full disclosure: Mr. Nichols was a regular volunteer columnist for this newspaper's Community Opinions pages before he went to work for the county. He was a clear communicator and a pleasure to work with.

But that's not the reason we take up this subject. Rather, it's a matter of fairness and decency.

A gay newspaper made it public that Mr. Nichols was gay during his unsuccessful campaign for Plano City Council this year. Immediately, some members of the commissioners court started looking for ways to distance themselves from him. They eventually gained the votes to push him out the door.

Instead of abandoning an employee, they should have stood by him. Their action sends an awful signal to the county's other gay employees who might now wonder, and with good reason, if their jobs are secure.

Leaders at the highest levels of government and business have condemned workplace discrimination on the basis of sexual orientation. Quality of work should be the measure. Collin County's leaders have done a disservice to a community that fancies itself as a desirable place to live and work.

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County Judge Keith Self today signed a settlement in which SAP and Siemens jointly agree to pay Collin County $1 million to settle a long running lawsuit.

In 2005, Collin County filed a $16 million lawsuit against SAP and Siemens over the purchase and implementation of SAP's ERP software package. ERP stands for "Enterprise Resource Planning"; ERP systems are used by large corporations to manage all the organization's financial, purchasing and cost systems.

According to a 2005 Dallas Morning News article, the suit accused Siemens Business Services and SAP Public Services "of fraud, negligent misrepresentation and breach of contract".

Deciding to replace its old accounting software, the county purchased SAP's system in 2004 for $6 million. At the time, the purchase drew criticism from many who believed it to be too large, too expensive and too complex for an organization the size of Collin County. After investing over a million dollars in purchasing the program, and beginning the implementation and training with Siemens, the county was dissatisfied with the performance of SAP and decided to back out of the deal and file suit. Their suit alleged that soon after implementation of the system began, problems arose and that later, SAP and Siemens informed county officials they could not implement the changes as originally represented and promised.

Since then, Collin County has not pursued installing another county-wide ERP program. Instead it has purchased separate packages for its various operations. For example, the Human Resources Department has installed PeopleSoft, and the Tax Collector, The LT Lawrence Remittance System.

The auditing and security of these "stand alone" departmental software packages is at the heart of another lawsuit filed this month - Collin County vs. The Collin County Auditor.

While today's million dollar settlement may be seen as a windfall, the million dollars will only help recoup the costs of the county's SAP experiment. Information we have seen indicates the county still has lost tens of thousands of dollars on SAP - not counting the costs of litigation.

The terms of the settlement require the county to pay its own lawyer fees.

Another clause in the settlement prohibits the County, SAP and Siemens from issuing, "a press release to publicize the amount, other terms and/or fact of this Settlement Agreement".

A copy of the entire Settlement Agreement can be found here. (Note: The Settlement Agreement has been redacted only to remove a bank account number.)

Bill

FFSC adjusts services to meet changing needs

By Ann Marie Shambaugh, Frisco Enterprise
Thursday, June 26, 2008

Frisco Family Services Center supporters and board members heard an update and presentation of future goals for the center at the annual “State of the Agency” address Thursday night at the Senior Center at Frisco Square.

"[some] who were previously donors to the food bank have had to learn how to become clients."
Jill Cumnock

Executive Director Jill Cumnock addressed the crowd of about 50 on changes that have occurred as the economy has declined. She said that some clients who were previously donors to the food bank have had to learn how to become clients. She said many of them are from the housing industry.

“We are definitely seeing a different clientele,” Cumnock said.

She also said that the agency has seen a spike in its gasoline voucher program as oil prices have surged, and FFSC is planning to begin distributing child-care vouchers in a similar program that would allow parents to leave their children in safe hands as they work until a first paycheck hits the bank.

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The North Central Texas Council of Governments (NCTCOG) issued its 2008 regional population estimates today.

The report indicates that Collin County experienced a slower growth rate than in previous years. The County grew from 724,900 on January 1, 2007 to 748,050 on January 1, 2008. That translates into a 3.19% annual growth rate.

Lavon led the region with an almost 26% growth - adding 400 new residents. Melissa, Princeton and Fairview all sustained a double digit growth rate, while Farmersville, Lowry Crossing, Lucas and Parker grew by less than 2%.

McKinney gained the largest addition of people, adding 6,200 new souls to reach a 2008 population of 118,200. Plano and Frisco came close - each growing by more than 5,000 new residents.

According to the COG report, "North Central Texas has added 131,000 persons during 2007 for a January 1, 2008 total population of 6,538,850. This marks the twelfth consecutive year to add over 100,000 persons. A decrease in growth during 2007 can be explained by a slow down in new single-family completions."

"Over 40 percent of the region’s growth in 2007 was located in five cities. Dallas (1,300,350) led the region by adding 19,850 new residents. Fort Worth followed, adding 16,000 new residents, bringing the city’s total population to 702,850 persons. McKinney? (118,200) added 6,200 persons. Frisco pushed its total population to 97,600 by adding 5,500 residents. Plano (260,900) rounded out the top five in absolute growth by adding 5,200 persons."

"In 2007, single-family home construction slowed significantly across the region. Nearly 39,000 new single-family units were completed, which is 9,000 fewer than in 2006. On the other hand, the region saw a sizable increase in new multifamily units in 2007. Close to 11,600 multi-family units were added, up from 8,300 in 2006."

The Complete NCTCOG 2008 Current Population Estimates report can be downloaded here.

Data tables, presentations and other population information from NCTCOG can be found here.

Bill

The fallout from NBC's "To Catch a Predator" sting operation in Murphy continues.

One suicide, one fired City Manager and one fired Police Chief later, there are no criminal convictions. It is unlikely there ever will be.

Bill

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Texas man's family settles in lawsuit over NBC's 'Predator'

Fort Worth Star-Telegram / The Associated Press

NEW YORK -- NBC Universal has settled a $105 million lawsuit brought by a woman who claimed "Dateline NBC: To Catch A Predator" led her brother to kill himself after camera crews and police officers showed up at his Terrell home in a televised sex sting.

"The matter has been amicably resolved to the satisfaction of both parties," said a statement released by both sides.

Terms of the agreement were not disclosed.

Patricia Conradt's lawsuit had claimed her brother, an assistant prosecutor in suburban Dallas, fatally shot himself after he was accused of engaging in a sexually explicit online chat with an adult posing as a 13-year-old boy.

The lawsuit claimed NBC "steamrolled" authorities to arrest Louis William Conradt Jr. after telling police he failed to show up at a sting operation 35 miles away in Murphy.

NBC was working with the activist group Perverted Justice on the sting, in which people impersonating children established online chats with men and tried to lure them to a house, where they were met by TV cameras and police.

[NBC] "crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement."
U.S. District Judge Denny Chin

In February, a federal judge issued a scathing ruling in the case, saying a jury might conclude the network "crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement."

U.S. District Judge Denny Chin said the lawsuit contained sufficient facts to make it plausible that the suicide was foreseeable, that police had a duty to protect Conradt from killing himself and that the officers and NBC acted with deliberate indifference.

New episodes of "To Catch A Predator" ended in December, with the future of the series uncertain.

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Editorial: Headway for Collin County rail

Thursday, June 26, 2008
DMN Suburban Editorial Board

There may be more than one way to bring transit service to non-DART cities in Collin County, says County Commissioner Joe Jaynes.

It doesn't have to be the assortment of new fees and/or taxes that regional transportation officials hope to pass in next year's Legislature, he says.

So why shouldn't cities go ahead now and look into non-tax possibilities for starting their own transit service to hook into DART rail in Plano?

Good question. In fact, they should.

Mr. Jaynes has shown leadership in inviting six cities – Plano, Allen, Fairview, McKinney, Melissa and Anna – to join the county in exploring possible business plans for new rail transit service. It would use the DART-owned right-of-way formerly known as the Union Pacific line. The line runs north from Plano, through Allen, Fairview and McKinney and into Sherman.

The proposal calls for the city councils to pass a joint resolution to advertise for consultants who would present different ideas – perhaps public-private partnerships. Ideally, the work would be paid for with a grant from the North Central Texas Council of Governments.

Mr. Jaynes has the right goal: to bring rail transit to commuters who want an alternative to sitting in traffic jams on North Central Expressway or wherever. Traffic will only get worse in hot-growth Collin County, and high gas prices only make matters worse. Plus, transit has demonstrated the economic benefit of attracting new development to its stations.

As for the best way to pay the considerable cost of laying track and building stations, the Regional Transportation Council should continue working with lawmakers to fashion a package of new fees and taxes to take to the Legislature next year.

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"Whereas, Employee has been Teen Court Coordinator for Collin County; And

"Whereas, the County and Employee agree that it is in the best interests of the Parties that the Employee's employment relationship be severed ...."

With the signing yesterday of the "Severance Agreement And Release", Teen Court Coordinator Justin Nichols sold his right to work for the county for $24,500.

Some commissioners are probably breathing sighs of relief that they were finally able to rid themselves of "that gay guy", at whatever the price. Those commissioners did not want to be portrayed as pro-gay in future elections.

In the primary run-off this spring, Commissioner Phyllis Cole lost her re-election bid partially because of an email attack, that was waged in the closing hours of the campaign, accusing her of hiring and supporting a gay man to supervise the teen court.

I hope this isn't the last we've heard of this issue, or of the issues it raises.

Collin County, long regarded as a bastion of conservatism, is now becoming known not for its accomplishments, but for its intolerance - and I'll say it out loud, for its bigotry.

As soon as the news hit the Collin County Courthouse that its young Republican Teen Coordinator was gay, the county's white sheets and hoods were donned, and Nichol's days as a county employee were numbered.

We the voters and taxpayers of Collin County share in the shame and blame this incident has engendered.

We've become used to elected commissioners attacking immigrants, poor people and now gays. We've sat silent when "Equal Employment" protection was denied our county employees. We've allowed a commissioner to get away with refusing to approve hiring bi-lingual health care employees. We've excused the denying of basic health care to children because of the immigration status of their parents. We've waved off charges that the county's hiring practices are discriminatory.

The shame is ours, and we've got what we deserved.

Bill

The "Severance Agreement And Release" between Justin Nichols and Collin County is here

Media Coverage:

Dallas Morning News, Collin County teen court official's severance package calls for money, silence

McKinney Courier-Gazette, Coordinator, county part ways

Dallas Morning News Editorial Blog, County accidentally agrees to $26 million payoff for gay employee

Dallas Morning News Editorial Blog, Teen court now gay-free!

Monday, the county commissioners, meeting as the Health Care Foundation Trust Fund trustees, approved a $3,607 budget amendment for meals for health department employees attending a training seminar on "Customer Service".

However, after an objection was raised by Commissioner Joe Jaynes, Candy Blair, manager of the Health Department promised to find the funds from a budget item that would not impact patient care. Jaynes stated he would vote against the funding if it came out of the in-patient hospitalization budget.

The original proposal called for the funds to be transfered from the patient hospital account. (see Taking from the poor, again!, Collin County Observer, June 20, 2008).

Ms. Blair acknowledged that there had been some criticism of sending the entire Health Care department to a customer service training class, but stated that they were trying to serve "so many people, and trying to be efficient".

Ms. Blair also promised that, "at the end of the day, I can assure you that no one will go untreated. (because of the training)"

After Ms. Blair promised that the funds would not come from the hospital account, the commissioners approved the budget transfer unanimously.

Bill

Texas Attorney General Abbott announced today that he has filed suit against Celina resident Gene Christensen, alleging misuse of charitable funds - including using some of those funds for political gain.

Abbott charged Christensen, John Shu