The Collin County Observer

10:30 on Monday night, and the public hearing on the budget is in its 4th hour. I've been watching it live on the web, and texting some in the room.

I've had it, I'm going to bed.

Hundreds of employees and Tea Party members turned out to take part in the debate on employee benefits.

I probably shouldn't call the hearing a hearing, or even a debate. Very few, with the notable exception of Sheriff Terry Box, and a few department heads seemed willing to actually discuss .... they came to fight and shout at each other.

Judge Keith Self found himself a target by employees who believed he manufactured the issues surrounding the pension plans in a bid to run for congress. They're probably right.

While quite a few Tea Party member made their point that county employees should face the same realities of pension that they face in small business, the overall impression I got from these first 4 hours of comments was summed up by County Tax Collector Kenneth Maun, when he shouted,

"Judge Self, your math sucks!"

Bill

Retiring Collin County district clerk waits to see if she'll face criminal charges

August 29, 2010
ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Clerk Hannah Kunkle is only four months away from retiring. But instead of easing out the door after 24 years in office, Kunkle waits to see if she'll face criminal charges.

A county grand jury has indicted the incoming district clerk, Patricia Wysong Crigger, and five other office supervisors on felony counts of theft and tampering with government documents.

Prosecutors accuse the defendants of falsifying time and attendance records to show employees were working when they were not. Some were campaigning for Crigger during her successful political campaign last spring, documents show.

The defendants stood before a judge Wednesday and entered not guilty pleas to charges that carry a prison term of up to 20 years.

Kunkle wasn't in the courtroom and isn't talking. Neither is her attorney, John Hardin. But other county employees and lawyers are talking plenty as they speculate on Kunkle's fate.

Some believe she will eventually be charged, while others think she's home free because she has dodged indictment so far.

Defense attorney Hunter Biederman, who writes a courthouse blog, said he's surprised prosecutors haven't presented evidence against Kunkle to a grand jury.

"It's one of the big mysteries," Biederman said. "If they're alleging a conspiracy that everyone was involved in, you would think the person at the top of the food chain was involved, too."

E-mails about election
Prosecutors have a disk with more than 3,000 county e-mails to and from Kunkle over a six-month period. Many discuss the district clerk race and try to rally support for Crigger over her opponent, Alma Hays, in the Republican primary.

"I will cry if I have to turn this office over to someone who knows nothing about it," Kunkle wrote a friend.

E-mails also indicate that Kunkle and district clerk employees were actively campaigning for Crigger.

"We have been so busy taking off to walk for Patricia's campaign," Kunkle wrote a friend. "Alma definitely has the name recognition because of the large billboards and her ad in McKinney? Living. All of the BS that she is saying about my office can be explained."

Some e-mails disparage Hays, a manager for a law firm.

"We call Alma, 'The Roller Derby Queen,' " Kunkle wrote to a retired district clerk employee.

Crigger defeated Hays in an April runoff with about 54 percent of the vote. She faces no Democratic opposition in the November general election and is scheduled to take office Jan. 1.

Granted immunity?
Some people speculate Kunkle may have avoided indictment by agreeing to testify against Crigger and the other defendants.

But Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association, doesn't buy that theory.

"These are her friends, too," Curtis said. "It's very hard for me to believe she would cut a deal with the DA's office to keep out of it, but you never know."

First Assistant District Attorney Greg Davis, who is handling the case, won't comment.

Hays, for her part, said she has no idea whether Kunkle will be indicted.

"Although I find it difficult to imagine that Ms. Kunkle did not know what was going on, there needs to be evidence to point that out," Hays said. "It is not a matter of what I or anybody else thinks. It is a matter of what the state can prove."

Link to this story at The Dallas Morning News....

"There's battle lines bein' drawn.
Nobody's right if everybody's wrong.
Young people speakin' their minds
A-gettin' so much resistance from behind."

"I think it's time we stop.
Hey, what's that sound?
Everybody look what's goin' down."

For what it's worth, Buffalo Springfield, 1967

There's battle lines bein' drawn.

On Monday evening at 6:00 PM the Central Jury room of the new Collin County Courthouse will be the scene of a fight that need never happened - over a crises that never was.

For the last year or more we have heard predictions of pending economic doom. The county would have to drastically cut back on services to avoid huge deficits.

That crises never happened. A fact that I think actually disappointed the doomsdayers, chief among them the County Judge, Keith Self. The truth is that the revenue shortfall is very mild, and the county has more than sufficient slack in the budget to overcome the slight reduction in tax revenue. After all, Collin County typically spends only 90-95% of its annual budget. The excess is deposited in the reserve fund -- a fund that is capable of sustaining county government for over 9 months, even if no taxes were collected.

And while some may find justification in complaining that their tax burden is too great, the county taxes are certainly not the culprit. A taxpayer in McKinnney for example, who owns a $207,000 home pays $5,090 in property taxes:

• School District - $3,194
• City - $1,214
• County - $503
• College District - $179

Looking at other Texas counties of similar size, Collin County's tax rate is the second lowest.

• Tarrant County - .2640
• Bexar County - .3269
• Travis County - .4215
• El Paso County - .3382
• Hidalgo County - .5900
• Collin County - .2425
• Denton County - .2358
• Fort Bend County - .4790
• Cameron County - .3632
• Nueces County - .6468
• Montgomery County - .4838

Collin County remains one of the most affluent and fastest growing counties in the entire nation. Our growth has to a large extent blunted the impact of the economic recession. We here in Collin County continue to enjoy low taxes and a balanced budget.

In fact, the county is in such good shape financially that it has cut the tax rate 3 times in the last four years.

Nobody's right if everybody's wrong

Nevertheless, some on the commissioners court feel that drastic action is required to protect the county's taxpayers from ruinous over-taxation.

Judge Self and Commissioner Matt Shaheen have an agenda to make county government more like the 'private sector'. They believe only in this way will the citizens get real value for their tax money.

Now I don't know where Keith Self learned private sector business practice. I didn't think that was a subject taught at the US Military Academy. Nor would a life spent with Pentagon budgets seem to prepare him for the role of preacher of the private sector.

Nevertheless Self has determined that the path to private sector savings lie in attacking and insulting his own employees. This has indeed been a path a few unsuccessful business have taken, notably Greyhound Bus a few years back, (Its CEO was fired after a huge outcry over he gave himself a bonus right after cutting employees wages and jobs).

Judge Self, ignoring the fact that he is paid over $130,000 for a part time job, has decided that county employees are receiving 'gold plated' benefits. His characterizations have made it seem that county employees are nothing more than leeches sucking money out of the wallets of the taxpayer.

Ignoring the fact that no CEO ever won by attacking his own team, a close analysis shows that Self is simply wrong.

His rhetoric is full of allusions to county employees retiring with $100,000+, even with $200,00 pensions. He is wrong.

An analysis of retirement data from the Texas County and District Retirement System by The Collin County Observer shows that of the 194 employees who are currently eligible to retire in 2011:

• Their average age is 63 years old
• Their average service is 19 years
• Their average 2011 salary will be $52,700
• Their average pension benefit will be $29,600 or 56% of their current salary.

Now 56% of salary after 19 years and after making 7% salary deductions is hardly gold plated.

But Self's rhetoric is not concerned with the reality on the ground. He has instead made a great deal over the 250% County match, and its resultant unfunded future liability.

Both he and Shaheen have stated over and over that no private company offers a 250% match.

He ignores the truth that private pensions and 401k plans require that the company match be made at the same time as the employee's contribution. The company match then earns compound interest over the life of the pension.

The county 250% match however is made only after the employee has retired.

Self's diatribe has focused on a statistic that taken out of context does make it appear that the county employees are somehow getting rich. They are not.

Everybody look what's goin' down

The proposed 2011 budget reduces the county retirement match from 250% to 200%. It also increases the cost and deductibles for employee health insurance.

It, for the second year in a row fails to look at competitive salary rates and instead grants only a minimal pay for performance raise, that for most employees will be under 1%

Yet that is not enough for those who want to see public servants as blood sucking leeches. Judge Self wants to take his fight to further cut pension matches to the people in the two public hearings scheduled for next week.

He and Commissioner Shaheen have appeared at several Tea Party meetings to urge members to attend and support his effort to further reduce the pension match. His Facebook page links to several "calls to action" all asking for unhappy taxpayers to lobby their commissioner and then attend the hearings.

Predictably, most county employees see things differently. Several elected officials have spoken publicly and have urged employee and citizens to both speak out and attend the public hearings.

A large number are expected to turn out, with overflow crowds anticipated.

That's right, a large turnout to fight over a budget that cuts taxes.

Bill

===================================================

Link to The Texas County and District Retirement System presentation to Collin County, August 27, 2010

Link to the 2011 Proposed Collin County budget

Public Hearings on the 2011 budget will be held at:

Monday, August 30, 2010 at 6:30 PM
Central Jury Room - Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Tuesday, September 7, 2010 at 1:30 PM
Central Jury Room Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Final vote on the budget is scheduled for September 13, 2010

Link to The Texas County and District Retirement System presentation to Collin County, August 27, 2010

Public Hearings on the 2011 budget will be held at:

Monday, August 30, 2010 at 6:30 PM
Central Jury Room - Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Tuesday, September 7, 2010 at 1:30 PM
Central Jury Room Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Final vote on the budget is scheduled for September 13, 2010

===========================================================

From The County Line blog by Commissioner Joe Jaynes, August 19:

Dear Friends,

You have seen the numbers before:

Approximately 40% of all current county employees could make over $100,000 per year in retirement.
246 could receive more than $200,000 per year.

More than 500 could receive more in retirement than their final salary just before retirement.
It has been sent out in several mass emails and presented in commissioners’ court.

Those numbers are wrong on so many levels.

They are based on an actuarial table provided by the Texas County and District Retirement System or (TCDRS) which assumes that all employees at Collin County will work until they are 60 with new employees working up to 40 years during which all employees will receive a 4% raise per year compounded annually.
The reality is that no one works at Collin County for 40 years with 4% raises compounded annually. This year we proposed a 1.5% raise and last year we had 2% raise and those raises went only to employees who were our top performers.

More importantly, they do not take into account that we have salary caps for all our employees. For example a truck driver at Collin County “tops out” at approximately $39,000 a year.

The scenario presented above has that same truck driver working here for 40 years (our average length of employment is 10 years) and making approximately $180,000 a year!

The “facts” stated by are just not realistic. The TCDRS said so in a letter sent to the county on August 12. According to the TCDRS, “The data provided…was not intended to be used as an estimate of future retirement benefits to be paid by your plan.”

This, however, did not deter some from the continued presentation of these “facts” in mass emails and in interviews with the Dallas Morning News.

Our county retirement plan through the TCDRS is a 2:1 match plus 7% guaranteed annual interest after a vesting period of 8 years.

Is that plan to rich? That’s a fair question which I look forward to addressing in future emails.
However, in the meantime, I wanted to set the record straight and cut through the reckless and misleading political spin that has been presented.

It is my belief that you should always shoot straight with the taxpayers and that is what I will do as we carry on this conversation.

On another note, my family and I were deciding how to spend the $5.50 annual tax savings that the commissioners’ court recently passed. We decided to go to Starbucks and used the savings to buy and share a skinny vanilla latte. Unfortunately, on the way home it spilled all over the car when we hit a pothole.

Best,

Joe

and on August 26th, Joe wrote:

The average salary for Collin County citizens, according to the U.S. Census Bureau, is $72,801.

The average salary for Collin County employees, according to our HR Department, is $48,030.

Like most governmental entities, Collin County pays less than the private sector. As you know, the rule of thumb for anyone going to work in the public sector is that the pay is lower but the benefits are better.

This is why Collin County like most counties and virtually every city in this county and region has a retirement plan based on a 2:1 match plus a varied amount of interest. The Collin County amount of interest is 7 percent.

It is important that we break this down. The 7 percent interest is state law, however, it is actually below the S&P 500 average for a person who is retiring after 20 years of service. For example, if a twenty year retiree had invested in the stock market for the last 20 years their return would be over 10 percent per year. Check out the following link to run stock market averages over various times: http://www.moneychimp.com/features/market_cagr.htm

Once an employee retires, Collin County matches the employee’s final account balance with a $2 match for every dollar saved.

Sound too generous?

On the surface it does, but once you look at our county’s retirement history it really comes out to be a much smaller amount than others have previously claimed.

For example, check out these averages for Collin County retirees. All the information below is provided by the Texas County and District Retirement System or (TCDRS):

Average Age at Retirement: 62
Average Service at Retirement: 18 years
Average Monthly Payment at Retirement: $1,500
Average Salary Replacement Ratio: 39%

It is also important to note that out of all the employees that will work for Collin County over the next twenty years only 1 in 4 will actually retire and draw their $2 match.

Listed below are projections, again provided by the TCDRS, which shows the number of future retirees and the average benefits:
2009 281 retirees with an average benefit of $22,269
2010 337 retirees with an average benefit of $23,678
2015 567 retirees with an average benefit of $30,153 which in 2010 dollars amounts to $24,529
2020 782 retirees with an average benefit of $36,230 which in 2010 dollars amounts to $24,815
2025 949 retirees with an average benefit of $44,541 which in 2010 dollars amounts to $25,687.

The dollars that Collin County will pay its future retirees will come from the following areas:
Employee Deposits: 11 percent
Employer Contributions, i.e., Collin County taxpayers: 13 percent
Investment Earnings: 76 percent

As you can see this is a plan that no one will grow rich on nor is it one that is unfair to the taxpayers.

To completely fund this plan Collin County will set aside $40 million over the next 20 years. To put this into perspective, this 20-year figure is less than half Collin County’s yearly $85 million payroll.

This commissioners’ court has taken proactive steps to address this “unfunded liability.” As a matter of fact, this year we took $5 million out of our $132 million in reserves to ensure that this is paid off ahead of schedule.

As this issue of public sector retirement funds becomes a problem for places like California and Illinois, Collin County stands out as a shining example of your local government actually having a handle on this very complicated issue at a minimal cost to the taxpayers.

So when you read postings that 246 county retirees will earn $200,000, that over 40% will earn over $100,000 and that Collin County is $40 million “in the hole,” the bottom line is that they are just not true.

John Adams once said, “Facts are stubborn things.” Hopefully the facts presented here will clear up any confusion that has been stirred up on this issue.

Please plan to attend our budget public hearing on Monday, August 30 at 6.30pm and Tuesday, September 7 at 1.30pm. Both public hearings will be held in the Central Jury Room at the Collin County Courthouse.

Best,

Joe

And from County Judge Keith Self's Facebook page:

The Pension Plan Saga
by Keith Self on Thursday, August 12, 2010 at 8:09pm

Friends,
The world has changed. The private sector has moved almost exclusively to 401(k) pension plans where employees manage their retirement assets in the marketplace.

But government plans have not changed with the times. Our county pension plan still matches 250% and guarantees 7% interest, an unrealistic expectation in the marketplace.

By the way, I just received a letter of clarification from the retirement system in Austin. The letter states that "It is projected that the average current employee will retire with 13 years service. After adjusting for 13 years assumed inflation, the estimated average annual benefit for those employees who will receive a retirement benefit would be $59,634 in today's dollars." If that's correct, it's amazing!

This government pension plan issue is getting attention all over the nation, but changing our retirement system will not be easy. Word is moving quickly.

One fine employee who has served long and honorably with the county wrote that he would make $150 LESS (his capitalization) per month than his current salary if he retired next year. That is EXACTLY my point. When did government retirement start to mean that you make a full salary for the rest of your life? It certainly does not mean that in the private sector.

How many of you would love to see a retirement plan where you receive only $150 LESS per month than your final salary?

I'm getting feedback on lower paid employees. Let's be honest. Lower paid private sector employees may not contribute to a 401(k) at all because they are just trying to feed the family. Yet that same employee is helping pay that 250% match and 7% interest on government plans.

Our more mature private sector workers and retirees have seen their 401(k) plummet in value over the past several years, yet they are also helping pay that 250% match and 7% interest on government plans that are insulated from the realities of the marketplace.

My whole effort is to more closely match our public sector pension plans with private sector pension plans.

This issue reminds me of two previous compensation issues in our county:

1) There was the great "Salary Saga" (Dallas Morning News actually named it) of 2006 when the Commissioners Court voted themselves a 17% pay raise the year before I took office. The court had been taking heat for their longevity pay for over a year. When the court finally cut their own longevity pay and auto allowance, they replaced them almost dollar for dollar in salary. As you can guess, the public didn't take kindly to a 17% government pay raise. Something like 400 folks showed up at a public hearing. After several votes, the court settled on something less than 17%.

2) Collin County used to give 8% pay raises to retirees in this same system that we are discussing. That's right, 8% Cost of Living Adjustments (COLAs) to folks already retired. The state stepped in to stop that several years ago.

One more point: When is someone going to think about the future taxpayers of Collin County? The federal
government is saddling our kids and grandkids with unimaginable future debt and our own county cannot sustain our retirement program. Yet everyone is writing about themselves and their entitlements - does no one care about the future and about our children? The federal government gets all the coverage, but what about our children and grandchildren right here in Collin County? We enjoy a great life here - will it still be available for our grandchildren, or will taxes to support full government salaries for life drive them out?

Do you remember when General Motors was described as a health care provider that happened to make cars on the side? I don't want Collin County to be described as a retirement plan manager that happens to provide public services on the side.

Government retirement should not mean full salary for life. What's so controversial about that?

Sincerely,

Keith

District Judge Ray Wheless sent out an email this week:

Dear Judge Self, Commissioner Jaynes, Commissioner Ward, Commissioner Shaheen and Commissioner Hoagland:

The following information is posted by the County on its official website:

Collin County:

* The fastest growing county in Texas, and one of the fastest growing in the U.S.
* The 6th most populous county in Texas
* Among counties with more than a half-million people, the highest sustained growth rate since the last Census in 2000, at 52.1 percent
* The wealthiest county in Texas

Collin County has experienced major changes since 2000:

* The population has grown by more than 52 percent
* The number of households has grown by 35 percent
* Asian and African American populations have more than doubled
* The Latino population has increased by 85 percent
* The Caucasian population has grown by 35 percent
* Householders aged 65 and older have increased by almost 65 percent

Paychecks & Such

* County residents' per capita income is 28 percent (or $10,000 per year) higher than the national rate
* Our median family income here is almost 34 percent (or $30,000 per year) higher than the U.S. median
* The 2006 county median household income was estimated at $74,051
* Less than two percent of county families were estimated to have received public cash assistance in 2006
* Only four percent of county families were estimated to fall at or below the 2006 federal poverty line ($9,800 annual income for one individual and $20,000 for a family of four)

What is not posted on the County's website is that, notwithstanding our explosive growth and wealth, our criminal justice system has made Collin County one of the safest places in the U.S. to live. And we have done that by attracting top quality personnel.

One of the primary reasons I left my law practice in 2000 and assumed the Bench was the retirement system Collin County offered. With my appointment to the District Court, I personally don't have to worry about the County's plans for reducing its retirement contributions. However, the cuts you make now will affect the type of judges, prosecutors and law enforcement officers the County has in the future. In other words, the total compensation package must be attractive enough to interest the best lawyers from private practice and the best prosecutors from the D.A.'s office to seek out judicial positions. If not, then only the less successful private attorneys will seek the County Court positions and our best prosecutors will choose to enter private practice.

Many of our law enforcement personnel and assistant district attorneys came to work for the County because of the current retirement match. If that is reduced, they may well have less reason to continue to work for Collin County. My bailiff, and every Sheriff's deputy, can earn more working for the Plano or Frisco Police Department than by working for the County. And our assistant district attorneys can obviously earn more in private practice. The retirement package is critical to keeping these high quality employees on board with the County.

In conclusion, we have established a high quality criminal justice system that has made Collin County a very safe place to live. Reducing our employees' benefits sends the wrong message about our priorities.

Sincerely,

Ray Wheless
Judge, 366th District Court
Collin County, Texas

And from Justice of the Peace Judge Terry Douglas

Dear employees,

I am truly disappointed in our County Judge and his push to take away your retirement benefits and to hack away at your insurance benefits.

I am one elected official that understands that you went to work for the benefits that County provided. We all know that it was not for the pay. I for one know that the benefits are what keep quality people in the County in order to better serve our citizens.

When I first applied to Collin County in 1979, I was actually offered a choice between Plano PD and Collin County . I obviously took the lower paying job with Collin County . I started work for Collin County for $880.00 a month, but the County benefits appeared to be better at the time. I know that you too have the qualifications to do the same job at a better paying City government job or with the private sector. If the County Judge gets his way it will destroy not only the morale of the county, but it will destroy the service that we supply to the citizens because our qualified people will seek employment elsewhere.

I am very proud of the job that each of you does and I am sorry that you have become the pawns of what appears to be a political agenda. Just remember that our only voice against radical politics is our vote. Always vote that’s one thing they can’t take away from you.

May God Bless the Employees of Collin County , Texas

Terry Douglas

From Sheriff Terry Box:

A Message From Sheriff Box

Posted on August 24, 2010

I would encourage everyone to attend the public hearing on the 30th at 6:30PM at the Central Jury room and let your opinions be known. I will be there speaking my opinion about how our County Judge is completely using the calculations in an improper manner.

You have to fill out a card to be able to speak at the hearing I would encourage someone to go by the 4th floor Comm. Courts and get several cards or make a copy and have them filled out before the meeting, this will save a lot of time. Your can write your thoughts on the card to be read in Court or you can say you want to address the Court.

You have the right theme we have to stay competitive with our local Police Depts. I am asking all department heads and employees to be at these meeting to make their wishes and opinion known.

from David Smith, Democratic Party candidate for County Judge:

I will address retirement funding. I have walked the walk in this area before. I will be able to address this in a responsible manner from both fiduciary and employee morale perspectives.

The incumbent's recent foray into this is irresponsible for several reasons.

1. He is proceeding with partial information and disinformation.
2. He is proceeding in a manner that is sharply alienating county employees.
3. His conduct appears to be designed to give him a good election issue rather than actual cost reduction.

Although in office for 3 1/2 years, the incumbent apparently came across some information about the county employees retirement program a few weeks ago. He sent some disinformation out about it that was designed to be sensational and inflammatory. He made proposals which were unlawful, demonstrating his lack of knowledge.

In doing this, he also blindsided his employees. Worse, he is rallying his supporters to speak out against employees.

And, while maybe getting what he feels is good press among his supporters, he has been ineffective in implementing his recommendations. Virtually every budget proposal he unveiled a few weeks ago has met one of two fates:
A) Defeated by the full Commissioners Court on 2-3 votes
B) Withdrawn due to being clearly unlawful or unfounded

If you want to implement major changes in a retirement plan as part of an annual budget cycle, objective information about the plan should be circulated, discussed and understood by the decision-makers months in advance. You also need to look at retirement benefits and costs in the context of total compensation and costs. And you need to look at not only your own operation but also the operations of those with whom you compete for employees.

(By the way, a good time to start looking at funding for the retirement plan would have been in 2008, when the economy tanked. Why no interest until now?)

Also, you also need to engage your employees. All of them may or may not ultimately agree on a course of action, but they need to understand what you are doing and why.

Most county services are dependent on people for their delivery. The ability to retain good people and maintain good morale is absolutely essential.

If you are going to successfully implement a compensation change, you need buy-in or a good understanding not only from employees but also from those responsible for the operations (other elected officials and department heads) and the other decision makers (other members of the commissioners court).

Someone recently wrote me to succinctly describe the incumbent's conduct and his reaction:

"I am a Republican but this is political grandstanding for the upcoming election. . . . When your signs are ready, I want one."

Walking the Walk - General Motors and local public sector

In the 80's, I was part of the EDS management team that moved thousands of General Motors information technology workers from a financially unsustainable compensation and benefits package to an EDS package more like the rest of the private sector.

In the 90's, I was part of a two member Finance Committee and eight member City Council that made adjustments to City of Plano employee compensation and benefits to improve city finances while retaining high employee morale and first-class government services.

In the current day, I am prepared to work with all concerned to successfully make any and all needed changes to county employee compensation and benefits, again to improve public finances while retaining high employee morale and first-class government services.

The incumbent does not appear to demonstrate comparable knowledge, experience or commitment.

A few notes about the county employees retirement system in response to the prior disinformation:

First, it should be understood that we are talking about a state retirement system in which county employees participate (not a county retirement system). The commissioners court does have discretion over the employer contribution to employee accounts in that system. Other aspects of the system are set by state law. As the incumbent quickly learned a couple of weeks ago, the county does not have the discretion to replace it with something else nor make other changes. County officials can ask state legislators to make changes. But, if this was not the subject of an interim study, major change is not likely in the coming state legislative session. Certainly, major change cannot take place in the current Collin County budget sessions.

Second, if you look at the system, you may find it is not actually mathematically doomed to failure, etc. See http://www.collincountybuzz.com/index.php?option=com_content&view=article&id=632:collin-county-retirement-facts&catid=85:local-news&Itemid=197 for an excellent article written by Commissioner Joe Jaynes.

In any case, I look forward to examining all aspects of county employee compensation and benefits, again, all with the objective of improving public finances while retaining high employee morale and first-class government services.

And a note about maintaining employee morale:

Disappointingly absent from the recent budget sessions was discussion of cost reductions other than employee compensation and benefits. There was no talk of things such as more paperless filing or home confinement with ankle bracelets (instead of jail confinement), all of which can save taxpayer dollars.

You need employee support and, better, employee initiative to implement such things. The incumbent is apparently not welcoming this.

David M. Smith
Candidate for Collin County Judge

and finally from the "unofficial" Collin County Deputies Association website:

In Defense of Keith Self…
Posted on August 22, 2010
The following is a reader contributed article:

In Defense of Keith Self:

There have been a lot of questions posed to Keith Self regarding how he calculated that 40% of Collin County employees would earn $100,000+ in retirement. Self has stated that this information comes directly from TCDRS, and he is correct it does. If you go to TCDRS.org the homepage has a simple calculator to determine your potential future salary in retirement. According to the website if you start at $49,000/year as a Deputy for Collin County and work for 25 years, then your potential future salary in retirement would be right around $130,000. Well there you have it, Self was correct! It is all right there on the internet.

And now for the rest of the story….

Keep in mind that a financial model is only as accurate as the assumptions used to create it. What Self failed to check were the assumptions. This model on the TCDRS homepage is based on a 5% salary increase annually! At 5% increase/year after 25 years a Deputy would be earning $169,000/year in salary. Obviously, with salary increases like this one’s retirement account would get quite large. As far as I know, no employee of Collin County is receiving 5% annual increases in salary.

Like many before him Self simply fell victim to what he read on the internet without checking his facts. It happens all the time. On another note, I have some oceanfront property in Arizona that would be perfect for Mr. Self if he is interested in buying. I have it listed on Craigslist right now.

and...

The Great Shell Game
Posted on August 28, 2010

Guest Commentary:

On August 18, Judge Keith Self stated on his Facebook page “Yesterday, with our county unemployment rate near 8%, making jobs the #1 issue for our citizens, a majority of the Commissioners Court stood with the taxpayer.” Judge Self felt that lowering matching county retirement contributions, increasing employee medical costs and lowering the tax rate would make Collin Count competitive for businesses looking to relocate.

The tax reduction agreement was August 17. On August 11, the Collin County Business Press published an article stating “The booming North Texas area was home to six of the top 25 cities posting population gains during the past year, according to new U.S. Census Bureau estimates released June 22.” This was published 6 days prior to the vote and was released by the U.S. Census Bureau on June 22, nearly two months earlier.

Where is the panic Judge Self speaks of?

Could it be that these people are moving to Collin County because of the beautiful mountains, white sandy beaches, lush rain forest or Plano’s popular River Walk? Or, could it possibly be that they are moving here because of the explosive job growth created by businesses relocating here, to Collin County, because of the already existing low cost of doing business?

Collin County’s own website states that “People are moving here. Businesses are moving here. And they’re all staying.” What’s happening with the foreclosure rate in Collin County? According to recently published report, it’s down 1% compared to an increase of 3% in the rest of the FW area.

In November, County Judge Keith Self gave this 18-page presentation – Collin County: Still First in Growth — at the 2009 State of the Community. Key words, “First in Growth”. It was a very impressive presentation, honestly.

In response to the one quarter of a cent tax decrease, Keith Self told the Star Local “the decrease will make business look to the county.”

So Keith Self is now taking credit for businesses relocating to Collin County? Was Collin County not doing a pretty good job before he stepped in to save the day?
In an August 11, 2010 article by the Collin County Business Press entitled Pro-business attitude leads to growth, they state “Businesses are always looking to find the low-cost areas to do business, and Collin County always comes out on top.”

Apparently, businesses already thought Collin County was a pretty good place to relocate to before Self’s worthless tax cut, which by the way, will be felt more by losing $25 million in infrastructure dollars than the measly $5.50 savings passed on taxpayers.

I’m sorry, I just don’t, and cannot, buy in to Judge Self’s misguided assessment that this county is in dire circumstances. He has provide virtually no data to support his rhetoric and judging from his confusion of the TCDRS retirement data, I’m not wholly confident in his ability to interpret economic and growth indicators. Future blunders may end up costing this county dearly, just as the current one is bound to do.

It appears that Self is playing a shell game for political purposes. Cut government fat on one hand, and cut taxes with the other. It makes it appear that he saved the county money in both categories but it’s really a wash. The county may be saving by reducing matching retirement funds, but it also loses much needed funds by cutting the tax rate. You can’t spend what you don’t have. In reality, citizens lose because less roads can be built, and county employees lose because they lose a portion of their retirement. It will, however, look pretty spiffy in campaign pamphlets.

Judge Self needs to be held accountable for his decisions that affect not only county employees, but the county as a whole. He may have been a good soldier, but his ability to lead a county is suspect at best. Fortunately, we have three out of four commissioners who can think on their own and who have the best interest of this county, and it’s future, at heart.

Bill

In a hearing yesterday morning, Senior (visiting) Judge John Nelms accepted 'not guilty' pleas from incoming District Clerk Patricia Crigger and from Deputy District Clerks Sherry Bell, Rebecca Littrell, Amy Mathis, Lorrie Robertson, and Marcia Simpson.

Sherry Bell	Patricia Crigger	Rebecca Littrell
Amy Mathis	Lorrie Robertson	Marcia Simpson

The six defendants stood in a line with their attorneys as the indictments were read by the judge. After reading each of the two indictments, Judge Nelms asked each in turn for their plea. All responded with "not guilty".

All six were indicted last month on charges of "Engaging in Organized Criminal Activity", theft and falsifying government documents for their roles in an alleged "Blue Book" scheme to award unearned paid days off for campaign work for Patricia Crigger.

Conviction on the charges could result in prison time from 2 to 20 years plus a fine.

The indictments were read as part of a 2 hour 'First Appearance' hearing. At the hearing, Judge Nelms heard and ruled on several defense motions filed by Deric Walpole, who is Rebecca Littrell's attorney.

The first motion was to limit publicity on the trial with a 'gag order'. Walpole had subpoenaed Ed Housewright of The Dallas Morning News, Danny Gallagher of the McKinney Courier-Gazette and me as owner of The Collin County Observer.

The Dallas Morning News sent an attorney who claimed 'reporter's privilege' under the Texas shield law for Mr. Housewright. After hearing arguments, the judge ruled that Housewright did not have to testify (except to answer a question of the size of the Morning News' readership). Both Gallagher and I took the stand to testify that we had published articles about the cases.

On cross examination, The First Assistant DA, Greg Davis asked me if I had an opinion on restricting publicity. I replied that "These trials are for official corruption by public servants, and that the public had an absolute right to know what went on in the trials."

Nelms ruled against restricting publicity, but he did issue a stern lecture to the participants on refraining from trying the case in the press.

Judge Nelms told those in the courtroom that, "The evidence does not, in my opinion, override the First Amendment. Therefore I will not restrict publicity. While I am not prepared to make such an order, I advise all to refrain from publicly commenting [on the trials]"

Judge Nelms went on to say, "I consider myself to be a rather laid back judge... but when I ask for something to be done, or not done, which I have the right to do - and it is done, it gets my gander up."

"If I read [about] it, and I know where it comes from, I will be extremely unhappy", Nelms told the court.

The defense complained that the release, by the District Attorney, of over 13,000 documents was an underhanded leak to the press. He asked that all further filings be done "in camera" [secretly, in the judge's chambers]. Nelms agreed.

The district attorney's office had filed a motion asking for expedited trials. Judge Nelms, overruling vigorous objections by Crigger's lawyer and by Walpole, told the court that he, "wanted to try these before the end of the year" when their would be a change of administration in the District Attorney's office. The current DA, John roach will retire on December 31. An election in November will determine who the next DA will be.

Stating that, "The citizens of the county are entitled to a speedy resolution", Nelms brushed aside attorney Robert Hinton's objection that, "There was no way we can be ready.".

"The citizens of Collin County are deserving of a speedy [trial], Nelms ruled.

In granting the expedited trail schedule, Judge Nelms set the next hearing date for September 27, and a trial date of November 15.

At the September hearing, Nelms is expected to hear arguments on defense motions to:

• 'Sever' the trials, trying each defendant separately.
• Disclose the identity of the informers whose complaints to The Texas Rangers led to the June raid on the Collin County courthouse.
• unseal and release the transcripts of the grand jury's deliberations.

Mr. Walpole also told the court that he may be filing a motion for a change of venue.

One of the more bizarre twists in the story is that Littrell's attorney, Deric Walpole, once defended himself against the same charge of tampering of a government document his client now faces.

Those charges, which were later dismissed as baseless, were prosecuted by Chris Milner, the same assistant district attorney who is prosecuting the six district clerks.

Milner, Davis and DA John Roach have come under intense criticism for vigorously prosecuting several high profile cases that were later tossed out.

These cases include:

• The 2003 indictment of Deric Walpole and James Vasilis for tampering with a government document -- later dismissed.
• The 2004 indictment of Dallas County Sheriff Jim Bowles. These indictments were later thrown out by a Dallas judge.
• The 2010 investigation and eventual grand jury 'no bill' of District Attorney candidate Judge Greg Willis.
• The on again, on again grand jury investigation of District Judge Suzanne Wooten. Last June, a judge ruled that the DA could not reconvene the grand jury to vote on a possible indictment of Judge Wooten.

In another ironic twist in these trials, last year the Collin County DA's office acted as special prosecutors and successfully tried Ray Sumrow, the Rockwall County DA who was convicted of theft and sentenced to prison by the same Judge Nelms who is presiding over these district clerk cases.

Bill

===========================================

Other media coverage of yesterday's hearing:

McKinney Courier-Gazette, District clerks plead not guilty

The Dallas Morning News, Incoming Collin County District Clerk Patricia Crigger pleads not guilty to corruption charges

DART saves Senior Rides program

By Jon Vanderlaan / The Plano Star Courier
August 24, 2010

The tightening budget in Plano is not without its casualties, one of which was scheduled to be the Senior Rides program -- but an agreement between the city and DART will spare it for at least another two years.

Because DART service does not flow extensively through Plano, especially its northwest reaches, the agency has agreed to fund the program at $50,000 per year for the next two years, or until the northwest Plano park-and-ride station is operational.

The program has offered taxi vouchers and mile reimbursement as part of its services since its inaugural year in 2008.

Lee Stark, the transportation coordinator at the Geriatric Wellness Center of Collin County, said the change to two years -- board members requested to fund the program for an initial year from the proposed one-year agreement -- helps give the program stability.

“We’re not expecting there to be significant change in terms of what the client deals with,” he said. “It marries the two agencies a lot more in terms of looking directly at the issues of senior transportation.”

Todd Plesko, DART vice president of planning and development, said until the agency can bring more coverage to that area of Plano, funding the program is a good option.

However, Vice Chairwoman of the planning committee Pamela Gates said she does not want other member cities to believe the funding is a pilot program and available to all.

Because Plano is in a different situation than member cities, it is a one-time funding agreement, she said.

Stark said despite spending just over $50,000 in 2009 and estimating the cost of the program at more than $70,000 in 2010, administrative cuts should keep the program under the $50,000 budget.

The program originally was going to cut the mile reimbursement program as part of those cuts, but as of the planning committee meeting, that part of the program still was in the plans.

Stark said the Geriatric Wellness Center is going to absorb some costs, and marketing also is going to take a cut, because the program already is almost at capacity with about 90 clients.

He said when the funding is cut off in two years, he believes not only will Plano have a park-and-ride station in the northwest area of the city, but DART and Plano will have come up with a Mobility Management Plan, which DART is working on courtesy of a United We Ride grant.

According to a presentation by DART Innovative Services Project Manager Daniel Dickerson, eligible seniors 65 years old or older can purchase discounted taxi vouchers at $25 for a $100 voucher or have mileage reimbursed at 50 cents per mile.

Plano still will be charged with running the program with funding from DART...

read the rest of this article at The Plano Star Courier....

Fusing Fear and Data

August 25, 2010
PETER GORMAN / Fort Worth Weekly

In December 2008, State Rep. Lon Burnam had a one-car accident. The Fort Worth Democrat didn’t even get a ticket. Nonetheless, Burnam is convinced that the accident report was passed from local police to who knows what local, state, and federal agencies, via the Collin County North Central Texas Fusion System.

You may have thought fusion these days had mostly to do with cross-cultural cuisine, but in this case the Collin County fusion system is a “remotely accessed data-sharing and analysis system” that involves more than 170 agencies in 16 counties, including Tarrant and Dallas. It’s meant to provide policing agencies, the FBI, Homeland Security, first responders, and health providers with a wealth of information at the touch of a computer keyboard.

According to advocates, such information-sharing systems allow police to do a better job of tracking and apprehending dangerous criminals by giving them information covering a broad area rather than just their own backyard.

But critics aren’t sure that putting that much information — including some that has nothing to do with criminal activity — into the hands of law enforcement is really a good thing. They fear it will lead to racial profiling, the targeting of perfectly legal groups, and even harassment of individuals. One major concern is that information from various sources will be sent up the line to federal agencies, which will use it to target undocumented residents for deportation — and that the result will be a wedge driven between Latino communities and local police.

“When that happens, people often won’t even report criminal activity or come forward as witnesses to criminal activity,” said Aerin Toussaint, a policy analyst with Texas Impact, a grassroots network that includes Christian, Jewish, and Muslim individuals and institutions. The group works for public policies that enhance freedom and justice.

“I am tremendously concerned about the potential violation of privacy” with fusion systems, Burnam told Fort Worth Weekly. “I have been trying through the Open Records Act to discover what they have gathered on me. I know they gathered something in the context of my having been the director of the Dallas Peace Center for 10 years. And I want to know what it is.”

Fusion centers were started in 2004 as part of the post-9/11 anti-terrorist backlash. They are funded primarily by the U.S. Department of Homeland Security, which developed the idea of creating multi-jurisdictional agencies that would share information in order to track and prevent terrorist and criminal activity. However, the federal government offered no strict guidelines on how the centers would be run, leaving that up to the local jurisdictions.

The first such center in Texas was opened in 2004 by the Department of Public Safety’s Intelligence and Counterterrorism Division. Since then several others have been created, including the one in Collin County that covers North Texas. All the participating agencies supply data to that “bank.” Dallas, which has its own center, provides only limited information to the Collin County center.

The result thus far has been the creation of overlapping data centers with different missions, each run independently — and some taking the kind of actions that civil libertarians have feared all along.

The Collin County fusion center, for instance, sent out a “prevention awareness bulletin” in February 2009, ordering law enforcement authorities to report on all civil rights meetings involving Muslims and to gather and pass along information on any anti-war groups in the 16-county jurisdiction. The ability to “order” local jurisdictions to supply information comes from the center’s federal mandate.

It turned out that the bulletin was not authorized by the Collin County head of Homeland Security, but was sent out by a computer worker in the center. [Bill notes: actually the 'computer worker' was Dr. bob Johnson, the prime contractor to the Fusion Center and the son of Congressman Sam Johnson]

In the months that followed, everyone from the ACLU to religious groups objected to it. In the wake of the scandal, center officials center limited the scope of their data collecting — but many of the agencies in its jurisdiction continued to pass along the information demanded.

“This memo is not a plea for legitimate intelligence, and seems to endorse discrimination against Muslims,” Caroline Fredrickson, director of the ACLU’s Washington Legislative Office, said in a press release. “The idea that the tolerance advocated by the groups being targeted would be treated as a menace to American security demonstrates a disregard for civil liberties and a disdain for democracy itself.”

The Collin County fusion system hasn’t released another such bulletin since then.

According to Lt. Todd Thomasson of the Dallas Police Department, commander of that city’s fusion center, other centers have “passed out documents that suggest that if a person has a certain bumper sticker they might be a terrorist and other misleading things.” But he said the Dallas City Fusion Center — officially called Metro Operations Support and Analytical Intelligence Center, or MOSAIC — does not participate in that sort of grab-bag information gathering.

“Dallas is part of the NCTFS, but our center only provides the Collin County fusion center with information related to criminal activity,” he said. “A lot of fusion centers around the country are multi-agency. We’re not. We are a tactical fusion center, focused on crime. We share information as it relates to criminal activity and nothing else.”

Thomasson said that while his staff has the ability to gather data from the NCTFS, neither the Collin County center nor any other agency can look into the Dallas center’s computers. “Other agencies can call us for information, but there would have to be a criminal predicate before we would release information,” he said.

Asked whether he had run into any issues with the Dallas Hispanic community, so easily targeted because of the number of undocumented aliens, he said, “We view that as strictly a federal issue.”

The Fort Worth Police Department did not respond by deadline to questions about what information they pass along to the Collin County center.

Hector Carrillo, civil rights chair of the Fort Worth LULAC chapter, said, “We have not seen any upheaval with regard to the Fort Worth Latin community from the Collin County fusion program. Yet.”

“The reason that one fusion center might target a specific race or group of people and another won’t is that different fusion centers have different missions,” said Bill Baumbach, a printing company manager and reporter who writes for D Magazine’s FrontBurner blog and runs his own blog, the Collin County Observer. “They all have the same basic concept, which is to take information from different databases to make them relational. But what data they choose to collect and what data they send on to the FBI and Homeland Security is where they differ. The Department of Public Safety’s Texas Fusion System in Austin is one of the most frightening.”

The Texas Fusion Center shares information with the Texas prison system, Homeland Security, federal treasury and immigration agencies, the Air and Army National Guard, and a host of other police and non-police agencies.

Baumbach said the DPS center also collects personal information every time a police officer talks with someone, including drivers who are pulled over and issued nothing beyond a warning. “That is gathering information on people who were not only not convicted of a crime — they weren’t even charged with one. That’s very frightening to me,” he said.

“Think of what can go into those databases. The Collin County Sheriff’s Department has bought handheld license plate scanners, and they walk around certain parking lots recording those plates. And that information is fed into the fusion center. The question is, should the government collect that information — where your car was at 3 p.m. yesterday, for instance? I don’t think so. But these fusion databases have escaped scrutiny because they wave the flag of national security.”

Because there is so little federal oversight, he said, “They’re all mavericks. You can have a good one in Dallas but one that overreaches in Collin County and affects millions of people.”

Many groups have been calling for oversight and transparency regarding the centers, almost since they began operating in 2004. In a 2009 press release, the ACLU noted that it had predicted that the “complete lack of oversight over [fusion centers’] activity would lead to violations” of civil rights.

Part of the problem, Baumbach said, is that the Collin County fusion center’s top official reports to the county administrator, who is ultimately responsible to the county commissioners. “Are the county commissioners capable and willing to set constitutionally acceptable espionage-gathering guidelines? I don’t think so.”

read the rest of this article at Fort Worth Weekly....

Collin County Observer subpoenaed

Rebecca Littrell

Deric Walpole, the attorney for indicted deputy county clerk Rebecca Littrell has issued "Subpoenas Duces Tecum" to local reporters including me.

A "Subpoenas Duces Tecum" requires the recipient to both appear in court and to bring with him named papers or documents. I have been ordered to appear before the 401st District Court on August 25 and to bring "articles regarding Rebecca Littrell... including but not limited to 'Blog' posts and responses".

The subpoena was signed by Sylvia Greer, a deputy district clerk who was mentioned in filings in this case as having been awarded at least 2 days "Blue Book" time off during the six months the Texas Rangers have investigated. Ms. Greer has not been charged with any crime.

The Collin County Observer will likely file a motion to quash the subpoena.

click on picture to download

In any event, I plan to attend the hearing, report on them, and while at the courthouse obtain more court documents that we will publish on the Observer.

As previously reported here, the August 25th hearing will be the "1st Appearance" hearing. All six defendants are expected to be required to appear. The judge will also hear arguments on several defense motions.

Two of those motions, filed by Deric Walpole, seek to restrict publicity of the trial.

The Collin County Observer believes that official corruption trials are the public's business, and we will continue to do our utmost to insure that the citizens are informed of the progress of these trials.

Also receiving Subpoenas Duces Tecum in this case were Ed Houseright of The Dallas Morning News and Danny Gallagher of the McKinney Courier-Gazette.

After The Texas Rangers raided the Collin County courthouse, Rebecca Littrell, along with 5 others in the District Clerk's office, were indicted for "Engaging in Organized Criminal Activity", including counts of "Theft by a Public Official" and "Falsifying Official Documents". They are accused of falsifying time records to grant hundreds of hours of paid time off to district clerk employees - much of it to recompense the employees time off working for the Patricia Crigger campaign.

Ms. Crigger, who was also indicted, is the District Clerk elect, and is scheduled to take office on January 1, 2011. A felony conviction would make her ineligible to hold the office.

Bill

Local reporters subpoenaed in district clerk case

August 19, 2010 6:05 PM CDT
McKinney Courier-Gazette

McKinney Courier-Gazette reporter Danny Gallagher has been subpoenaed by the defense in the case of Rebecca Littrell, one of the district clerk employees indicted for engaging in organized criminal activity.

The subpoena, which he received Thursday, instructs Gallagher to bring all articles he has written on Littrell and report to the 401st District Court on August 25.

Ed Housewright of the Dallas Morning News and Bill Baumbach of the Collin County Observer have also been subpoenaed.

link to this article at the McKinney Courier-Gazette....

Plano coming to terms with new identity, needs

August 16, 2010
By THEODORE KIM and MATTHEW HAAG / The Dallas Morning News

"Plano has changed from the perception that it is a well-to-do, all-white community."
Plano Mayor Phil Dyer

"We need to accept that Plano today is not your daddy's Plano."
Plano City Councilman Harry LaRosiliere

On Monday, the same night that Plano's City Council approved a $7.5 million upgrade of its public golf course, the panel also discussed plans for the city's first homeless shelter.

Recent controversy over whether and where to build a large homeless housing complex is the latest evidence of Plano's two faces. The nonprofit Samaritan Inn of McKinney? last week withdrew a zoning request to build the shelter because of neighbors' complaints and undertones that the facility would hurt the city's image.

Many of Plano's leaders agreed the project is needed. But beneath the surface brews a feeling that Plano faces an identity crisis.

"We've been talking about this for a long time. And now it's here," Plano Mayor Phil Dyer said. "Plano has changed from the perception that it is a well-to-do, all-white community. ... We need to talk about Plano as it is in 2010."

Fair or not, Plano developed an image of wealth and homogeneity in the 1980s, when skyrocketing growth catapulted the city into prominence. A rash of headline-grabbing suicides and drug overdoses among affluent white teens punctuated that perception.

Even now, Plano retains the highest median income (about $85,000) among large cities, U.S. Census figures show. And lavish subdivisions and shopping areas, particularly on Plano's western side, have perpetuated the city's lingering labels.

Demographics
A closer look at the numbers, however, provides a portrait of a community that has outgrown its suburban face.

Some 273,000 people now live in Plano, meaning that the city now rivals Buffalo, N.Y.; Norfolk, Va.; and St. Paul, Minn., in its population.

A quarter of Plano's population is nonwhite. That is up from a fifth just a decade ago, according to the most recent census statistics.

Plano's Asian population, 14.4 percent, is three times larger than the national average (4.4 percent). Nearly a third of its residents speak a language other than English at home, according to census data from 2008. That is up from 22 percent in 2000.

Moreover, the gap has widened between rich and poor residents. Plano's poverty rate has risen from 4.3 percent to 6 percent in the last decade even as incomes have risen.

Suburban boom and bust is a familiar tale. In Plano, the transition has unfolded quickly and fueled tension on issues like the homeless project, as well as budget friction.

School issues
Slowing growth has forced the Plano City Council to make cuts and raise its property tax rate in recent years, drawing anger from a number of constituencies. Even with those measures, the city is projecting multimillion-dollar shortfalls through at least 2013.

"We are experiencing some of the same trends and problems that Richardson and Garland experienced 20 years ago," said Lee Stark, a social worker and transportation coordinator at the Geriatric Wellness Center of Collin County.

Changes also have radically reshaped Plano's school system over the last decade.

Last year, white students, for the first time, constituted a minority in Plano schools. About one in every four students in Plano schools now qualifies for free and reduced lunch. That is up from one in every five as recently as 2008.

5 years? 10 years?
The transition manifested itself late last year in an intense, months-long debate over school redistricting.

The changes struck a nerve, particularly in poorer eastern Plano where the debate centered on how best to encourage socioeconomic diversity at low-performing schools.

School system leaders adopted a new plan in December, but only after leaders revised the proposal several times.

Myrtle Hightower, a longtime community figure who now helps run a charity and thrift store in east Plano, said the key is accepting that Plano has changed.

So far, acceptance has taken root slowly, she said, since few people take the time to view the bigger picture.

"What will Plano look like in the next five years? How about the next 10 years? We need to come up with [a strategy] to assist the needs of all people from all aspects of life."

Likewise, Plano City Council member Harry LaRosiliere, the panel's only black member, said he believed the city is at a defining time.

"You look at our budgets, you look at our services and our costs, and we're at a crossroads. Culturally, we're at a crossroads. ... Economically, we're at a crossroads as to the lifestyles that our citizens have. We are addressing issues that range from homelessness to those affecting gated communities.

"A lot of our issues we're facing today stem from the conflict of those forces. Who are we now? What do we look like? We need to accept that Plano today is not your daddy's Plano."

link to this article at The Dallas Morning News....

Frisco's air has too much lead under new federal pollution rules

August 16, 2010
By MATTHEW HAAG and VALERIE WIGGLESWORTH / The Dallas Morning News

An area of Frisco that encompasses downtown, several schools and neighborhoods will soon be in violation of new federal lead pollution standards.

The 2.4-square-mile nonattainment area, which the city and Exide Technologies Inc. contend is too big, will carry one of 20 such designations nationwide when they become final in mid-October. Few of those sites are in counties or cities as densely populated as Frisco.

The designation means the air in the heart of Frisco is unhealthy to breathe. A decades-old lead smelter operated by Exide that crushes and recycles used automotive and industrial batteries is to blame. The plant's lead emissions are among the highest in the south-central United States.

Lead is toxic, even in minute amounts, and is especially harmful to children. It can cause behavior problems, learning disorders and brain damage in children. In adults, lead poisoning has been linked to high blood pressure and heart disease.

"This is really the first step," Guy Donaldson, a chief of air planning at the Environmental Protection Agency, said. "The steps that bring about better air quality [come] when the plans are put into place to make the pollution controls and get emissions reduced."

Stricter standard
The nonattainment status comes as the EPA enforces a much stricter lead air standard, known as National Ambient Air Quality Standards, or NAAQS. Texas environmental regulators will need to outline a plan within three years of how the area will shed that status.

However, both Exide and Frisco city officials disagree with the proposed boundaries, which extend beyond Pizza Hut Park to the north and Frisco High School to the south.

The nonattainment area is based on computer modeling that predicts air lead levels when Exide is releasing the maximum permitted emissions. But Exide usually operates at half those emissions. Melissa Kuskie of the Texas Commission on Environmental Quality said in an e-mail that air modeling shows lead concentrations "to be roughly two to three times higher than actual monitored values."

Exide and city officials argue that the area should be much smaller and based on actual data from three air-quality monitors near the plant. In a letter sent Friday to the EPA, Frisco City Manager George Purefoy urged the federal agency to reconsider the boundaries.

"We certainly want to protect the public," Purefoy said in an interview. "But why not use real-world data?"

Purefoy said the modeling unnecessarily labels some properties as having a problem when they might not. Plus, he said, the nonattainment area is essentially a rectangle. "There's no way [lead emissions are] evenly dispersed around the plant like that," he said.

State environmental officials said they used modeling based on the plant's permitted emissions to account for any future increase. EPA officials agreed with the state's procedures and recommend adopting the state's boundaries.

"Regardless of the size of the nonattainment area, the actions the Exide Frisco recycling center must take to meet requirements of the new NAAQS and protect the health and safety of its neighbors remain the same," Exide said in a statement.

The company said it's already trying to reduce lead emissions. Company officials said they have installed new dust collection filters on several bathhouses, which help remove tiny lead particles, and plan other upgrades.

Heightened scrutiny
Texas environmental regulators started the process to designate the area as nonattainment about a year ago because air-quality monitors near Exide were recording lead levels that exceeded the new, more stringent standard for lead. EPA accepted the state's recommendation this summer, and the public can send comments about the designation to the federal agency through today.

As of Friday, no comments had been received.

The plant has been under heightened scrutiny in the past year because monitor readings show that Exide won't meet new standards for lead, which tightened tenfold to 0.15 micrograms per cubic meter. As those new standards were being implemented, Exide officials proposed expanding production.

While Exide's application to expand was pending, it also proposed more than a million dollars in new pollution controls. Exide withdrew the application amid public outcry last October.

read the rest of this article at The Dallas Morning News.....

13,000 pages of evidence filed in case against Collin County District Clerk supervisors


August 15, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County prosecutors have filed a barrage of evidence – more than 13,000 pages – in their case against six district clerk supervisors indicted on felony charges of engaging in organized criminal activity.

The volume has stunned some attorneys and raised questions about whether prosecutors are trying to secure plea bargains before Jan. 1, when a new district attorney takes office.

"I've never seen anything like it in my life," said George Milner III, who represents defendant Lorrie Robertson. "It's very strange."

A CD filed with the district clerk's office – the typical paper filings were bypassed because of the volume – covers a wide range of evidence, from the women's personal calendars to hours worked to campaign efforts for Patricia Crigger, the incoming district clerk.

"I'll have to go through every single page," said attorney David K. Haynes, who represents defendant Marcia Simpson.

Crigger, Robertson and Simpson, along with Sherry Bell, Rebecca Littrell and Amy Mathis, are accused of falsifying time and attendance records to show employees were working when they were not. Prosecutors allege the supervisors pressured employees to work on Crigger's campaign during county time in violation of county policy.

"They're making a statement that they've got the goods."
Defense attorney Mitch Nolte

The filing
First Assistant District Attorney Greg Davis, who is handling the case, said the filing was meant to eliminate "needless disputes over discovery."

"Lawyers who have actually tried cases with me over the past 15 years know that I file discovery documents in every case so there will be a record of what the defendant received prior to trial," Davis said.

However, some attorneys not involved in the case say prosecutors are trying to intimidate defendants into making deals by showcasing the volume of evidence.

"It's unusual for the district attorney to put all their cards on the table so early," said defense attorney Mitch Nolte, a former prosecutor under District Attorney John Roach. "They're making a statement that they've got the goods."

Sharon Curtis, another former prosecutor under Roach, said the district attorney's office rarely files so much evidence. "They give nothing away," she said.

Milner said he thinks prosecutors would like to resolve the case before Jan. 1 when Roach retires. Republican Greg Willis will face Democrat Rafael De La Garza in the November general election to succeed him.

"It appears they're making every conceivable effort to get this to trial as quickly as possible," Milner said.

The initial hearing is set for Aug. 25 before visiting District Judge John Nelms.

Milner said it would be easy for defense attorneys to delay the case into next year.

"What I'm hearing through the grapevine is that all [defendants] are planning to do whatever they can to drag it out until January," Milner said.

But he said he's also willing to listen to plea offers.

Haynes agreed, saying, "I'm sure the DA will make a plea bargain offer he thinks is appropriate."

Attorneys for the other four defendants declined comment or could not be reached.

"The whole thing is kind of sad. You've got a bunch of grandmothers who have never been in trouble a day in their lives."
George Milner III, defense attorney for Lorrie Robertson

The defendants
Crigger, currently chief deputy district clerk, is unopposed in the November election for district clerk and is scheduled to take office Jan. 1. She would replace longtime incumbent Hannah Kunkle, who is retiring.

Patricia Crigger

State law allows candidates to take office under indictment. If Crigger is convicted of a felony, she would be removed from office after all appeals. But if she were convicted of a misdemeanor, she could keep her job.

Several lawyers not involved in the case say it's unlikely the defendants will go to jail.

Milner said he would take the case to trial before accepting a plea bargain that involved prison time.

"No one would accept that," he said. "The whole thing is kind of sad. You've got a bunch of grandmothers who have never been in trouble a day in their lives."

The felony charges appear to be the first sign of any wrongdoing by these women. All six have received glowing job evaluations and no disciplinary action, according to more than 500 pages of personnel records reviewed.

Together, they have a combined 101 years of experience in the district clerk's office.

Kunkle conducted some of the job evaluations, while Crigger did others.

Crigger, 64, is the only one of the six accused who has a college degree, having graduated with a business degree from the University of North Texas (then North Texas State University) in 1971, records show. She earns $81,611 a year.

She owned Wysong Pharmacy in McKinney from 1982 to 1986 and joined the district clerk's office in 1988 as a secretary, according to documents.

Littrell, 41, graduated from McKinney High School in 1987 and joined the district clerk's office in 1988. Littrell earns $51,726, followed by Bell, $49,190; Robertson, $46,859; Mathis, $40,917 and Simpson, $38,588.

Bell, 63, graduated from McKinney High School in 1965 and worked at two insurance companies and a furniture store before joining the district clerk in 1989.

Robertson, 41, attended McKinney High School through the 11th grade and later earned a GED. She went to work for the district clerk in 1986.

Mathis, 35, worked for the Collin County sheriff's office from 1995 to 1999 and the county clerk from 2000 to 2004. She joined the district clerk in 2005.

Simpson, 67, owned a McKinney travel agency from 1983 until 2002, when she went to work for the district clerk.

Motions
Deric Walpole, the attorney for Littrell, filed a motion Thursday asking the court to disclose the identities of five unnamed informants who aided a Texas Rangers investigation that led to the indictments.

"Counsel has been unable to positively determine the informers' identity or address, and has no other certain way of identifying or locating such informers," Walpole wrote in a motion.

He also asked for grand jury testimony in the case. And he filed another to ban the media from publishing evidence discussed in pretrial hearings and from taking photographs of Littrell or any "persons connected with these proceedings."

"This case has garnered extensive coverage in the media," Walpole wrote.

Local defense attorney Hunter Biederman, a former prosecutor under Roach, said he thinks the district attorney's office is encouraging media coverage by filing such an avalanche of evidence.

"It reeks of a press release," Biederman said.

link to this article at The Dallas Morning News....

Over the last few weeks, Plano, Frisco, Allen, McKinney and now Dallas have banned the sale of K-2 or "Spice", which has been billed by internet sites and the press as a marijuana substitute, or synthetic marijuana.

A March Newsweek article pointed out that, "Although the federal Drug Enforcement Agency has listed K2 as a "drug or chemical of concern," it isn't officially 'scheduled,' and that makes it legal."

The Newsweek article goes on to state:

"Is JWH-018 [K-2] dangerous? No one really knows. There's not a lot of research on what it does to mice and almost nothing on what it does to humans. Its effects shouldn't be that different from marijuana's, but then, we could argue all day about how dangerous marijuana is."

But as USA Today noted, "Clemson University chemist John Huffman, a research professor whose graduate students synthesized the substance in his lab 15 years ago, says the chemical may be harmful. 'It shouldn't be out there,' he says."

The European Monitoring Centre for Drugs and Drug Addiction released a paper last year, "Understanding the Spice Phenomenon", which seems to be the most detailed study of K-2 that I've been able to find. The EMCDDA explains:

"So far, little is known about metabolism and toxicology of the synthetic cannabinoid compounds. It cannot be assumed that the risks associated with the use of synthetic cannabinoids will be necessarily comparable to those seen with THC, and indeed there are some reasons for concerns that these drugs may have a greater potential to cause harm. Because the synthetic cannabinoids in the ‘Spice’ products have only been tested in the laboratory (in vitro or in animals), the health risk of the inhaled smoke is unknown. In the case of JWH-018, it can be speculated that, due to structural features, there may be a certain carcinogenic potential. Furthermore, accidental overdosing with a risk of severe psychiatric complications may be more likely to occur because the type and amount of cannabinoid may vary considerably from batch to batch even within the same product."

..."What is clear is that further studies are needed to assess these risks reliably."

With or without the science, Sen Florence Shapiro has promised to carry a bill banning K-2 in the next Texas Legislature.

The Dallas Morning New's editorial writer Todd Robberson wrote an article yesterday where he decries the passage of laws prohibiting K-2 without any scientific evidence that it is harmful. Also yesterday, the Morning News editorialized on the issue, calling the Dallas ban on K-2 "premature".

The News summed up its position by stating:

"By all means, let's address the dangers where they truly exist. But before instituting broad-brush bans, we should be guided by science and statistical evidence, not emotions."

The lack of action by the federal and state governments is the crux of the dilemma facing our local municipalities.

The regulation of drugs is usually accomplished at the state and federal levels. But neither the state nor Washington has acted, leaving local officials scrambling to protect their citizens. Data or no data, local elected officials are simply trying to respond to the fears of their constituents.

The lack of any real pharmacological data only heightens the fear and lends it more justification.

Bill

=============

City Council's K-2 ban not well considered
August 11, 2010 | Tod Robberson / Editorial Writer
The Dallas Morning News Opinion Blog

I wish actual science had been used in today's City Council debate regarding K-2 and other cannabinoid substances that head shops are currently selling as an alternative to marijuana. Mayor Pro Tem Dwaine Caraway made an impassioned plea for approval of the ban that he and Mayor Tom Leppert proposed, arguing that K-2 poses a danger to children as the latest thrill-seeking way to evade marijuana prohibitions. He likened the danger to "cheese," as if heroin and pot are equivalent in terms of what they do to abusers physically.

The only voice of sanity in this debate was that of Councilwoman Angela Hunt, who calmly asked the city attorney and police chief for statistics about hospitalizations or deaths related to the use of K-2. The answer came back: none, save for one instance in which K-2 was one of many drugs used by a guy who also ingested PCP. Then Hunt asked about calls to poison control related to K-2. Statewide, there had been 119 calls and 6 in Dallas, City Attorney Tom Perkins stated. When asked about hospitalizations, deaths and calls to poison control related to alcohol, it was obvious that they far exceed those related to K-2.

So Hunt suggested amending the ban so it didn't go further than the ban on alcohol sales: if you're under 21, you can't buy it, possess it or use it. She also suggested waiting until either the state or federal governments had passed bans, reasoning that it didn't make sense for the city to pass a ban that is meaningless if you take two steps beyond the city limits into a jurisdiction where it remains legal. No luck.

With Hunt as the only dissenter, the cannabinoid ban passed. The worst that the Food and Drug Administration can say about K-2 is that it has not been approved for consumption. That's a far cry from declaring it "dangerous" as Caraway did. I'd like to see some real science on this. Plus, it's worth considering that there are probably a thousand cannabinoid derivatives, of which K-2 is one. Does the City Council propose to enact a ban each time a new product emerges containing one of these other derivatives?

Legal or not, I won't be trying K-2. But I really would prefer that such laws be based on actual scientific evidence of harm rather than anecdotal evidence and highly emotional appeals.

Link to this article at the Opinion Blog of The Dallas Morning News....

Judge John Ovard of the First Judicial Administrative Region has appointed Dallas retired District Judge John Nelms to preside over all six district clerkgate cases.

Two weeks ago, a Grand Jury indicted incoming District Clerk Patricia Crigger and 5 other deputy district clerks for theft and engaging in an organized criminal activity. They are charged with falsifying time records to reward clerks for their working on the Crigger campaign.

Judge Nelms is no stranger to public corruption cases. Some readers may remember that Nelms, a Republican, heard the theft trial against Rockwall County District Attorney Ray Sumrow.

Nelms sentenced Sumrow to 4 years in prison in the 2008 case where the Collin County District Attorney's office acted as special prosecutor.

A Dallas Morning News article written after the trial, quoted the judge, "Judge Nelms said he hoped the case would send a message that those holding elective office cannot be 'tempted to feed themselves at the public trough.'

'A public official, like Caesar's wife, must be above suspicion,' he said."

Judge Nelms also heard motions in Charles Dean Hood's attempts to get a new trial after being convicted of capital murder in a case heard by a Collin County Judge and DA who had been secret lovers. Nelms was assigned to the Hood case after Collin County judges removed themselves.

In July of last year, Judge Nelms presided over the trial of John Barry, sentencing him to 25 years for orchestrating mortgage fraud schemes in McKinney.

More recently, Judge Nelms presided over the trials of Alfred and Abneris Santiago, the Dallas couple who were convicted of starving thier children in a motel bathroom.

Judge Nelms is a graduate of Highland Park High School, Texas A & M, and the UT Law School. He retired from the Dallas 195th District Court in 2006.

All six defendants are due in court on August 25th for a "First Appearance Hearing".

Derek Walpole, who is defending accused deputy district clerk Rebecca Littrell filed a flurry of motions in court today, including requests to divulge the names of the informers who blew the whistle to the Texas Rangers, for grand jury testimony, and to restrict publicity.

No rulings on any of the 9 motions have been issued yet.

Bill

Pogue Construction founder faces sentencing in late August

By Danny Gallagher / The McKinney Courier-Gazette
August 12, 2010

The former president and found a major McKinney construction company will face sentencing for his federal tax charges later this month.

Paul Pogue is scheduled to enter the sentencing phase of his federal criminal trial on Aug. 27 in the U.S. Eastern District of Texas court, according to federal court records. Pogue accepted a plea deal and entered a guilty plea in the U.S. Eastern District of Texas court on a federal felony violation of making and subscribing a false tax return back in February. Pogue admitted that he "willfully made and subscribed a U.S. individual income tax return form...for calendar year 2003" that reflected his taxable income by a lesser margin of approximately $1 million, according to court documents.

His 1040 reflected he earned taxable income of $4,594,052 for his work as a consultant for a construction firm, but investigators discovered he actually earned $5,588,249 in the span of the calendar year.

He then submitted two additional fraudulent tax returns in 2005 and 2006 that also contained significant deductions of actual taxable income. His 2004 return only reflected earnings of $3,111,715 when he actually earned $3,686,784 and his 2005 return only reported $2,908,235 when he knowingly earned $3,030,684.

Internal Revenue Service investigators said these fraudulent returns cost a tax loss of $473,680, according to a finding of fact document filed with the court.

Pogue entered a guilty plea last Thursday. A sentencing date has not yet been set.

Pogue faces a possible sentence of up to three years in a federal prison and a possible fine not to exceed $250,000 or "not more than the greater of twice the gross gain to the defendant or twice the gross loss of any victim," according to the notice of penalty.

Pogue helped found and served as president and chief executive officer of Pogue Construction, a McKinney based construction firm that has designed and built numerous local projects with the city of McKinney and the McKinney Independent School District including the McKinney Public Safety Building on Taylor-Burk Drive and several fire stations for the McKinney Fire Department, the McKinney ISD administration building and several McKinney ISD schools.

link to this article at The McKinney Courier-Gazette.....

Homeless shelter backs off plan to expand in Plano

by JASON WHITELY / WFAA
August 10, 2010
Updated 11:26 PM

MCKINNEY — The Samaritan Inn, Collin County's only homeless shelter, said it will no longer push Plano to open its own homeless facility.

Late Tuesday night, the Plano City Council indefinitely postponed applying for $700,000 in federal funds to buy land for its own shelter.

So The Samaritan Inn — which had volunteered to run a Plano shelter and make interest payments — said it will now back off, though it will still offer help to the city whenever asked.

Even if Plano isn't ready to take part in its own shelter, the city tells us it has contributed hundreds of thousands of dollars to the Samaritan Inn over the last 20 years, which is earmarked for homeless residents and also to provide rent and utility assistance to prevent people from ever losing their home.
"Plano absolutely helps out," Samaritan Inn director Lynne Sipiora said. "We are very grateful for all the support we get from them."

The McKinney shelter is about to open a new wing, she added, which includes 40 more beds for 10 new families.

"We're tired of seeing moms and dads and kids sleeping in their cars and checking back every day to see if we have an opening," Sipiora said. "I expect that when this wing is open, we'll fill it in a week."
That's how much demand exists in the suburbs.

Plano city officials tell us nothing else to help the homeless is currently under consideration, although the city will continue to award thousands of dollars in grant money to organizations that provide assistance.

link to this article and video on WFAA.com....

Last week, the Collin County Commissioners Court held an evening meeting. The quarterly evening meetings are an experiment by the commissioners in opening up the county government to citizen interest and involvement.

Some of the evening meetings have been well attended, because the commissioners scheduled important public hearings or discussions for those nights.

Not so last week. The court's agenda was little more than routine consent items. In fact the court session lasted less than 10 minutes from invocation to adjournment - the shortest regular court meeting I remember seeing.

In a plus for the county's open government initiative, only one citizen showed up to watch the non-meeting. I understand that afterwards, Commissioner Jaynes bought the intrepid citizen a cup of coffee, hoping that would help make the trip to Bloomdale Rd. at least a little worthwhile.

This week, the court was back on its regular schedule of meeting at 9:30 AM when only retirees and the unemployed are not busy working. This week's agenda was chock full of items that would have really made the evening meeting interesting.

First came the theater.

Act 1
During the public comments, a Mr. Hostetler and our well known Karl Voightsberger used the comments section to solicit the court's interest in buying what's known as "Life Settlement funds" to increase the yield on the county's retirement funds.

With Life Settlement Funds, investors pay sick, elderly people cash today in return for the money from their life insurance when they die. The sooner they die, the more the investor makes.

Ghoulish, yes... and I didn't miss the irony of funding retiree pay by betting that other old folks will die soon.

Act 2
During the presentation of employee awards, District Clerk Hannah Kunkle presented a 15 year pin to her deputy Amy Mathis. The Observer's readers will remember that Ms. Mathis is under felony indictment for racketeering and theft by a public servant.

This author is astounded at the attitude Hannah Kunkle and the Commissioners Court. The indictment of Ms. Mathis, Patricia Crigger and 4 other deputy clerks has brought shame to our courthouse. All these indicted ladies are still supervising workers in the District Clerk's office -- acting as if nothing is wrong.

Instead of putting these ladies, who a Grand Jury has charged with the commission of multiple felonies and are out of jail on bonds out of sight, the county gives one of them an award. Wow!

If this is how we want to run our courthouse, perhaps the Texas Rangers need to put the Collin County courthouse on a monthly raid schedule.

Later in the meeting, by a vote of 4-1, the commissioners court approved the continuation of the Vote Center experiment for the November gubernatorial election. Commissioner Jaynes voted 'no' saying he had concerns that the Vote Center plan had not matured into the successful "big box" model used elsewhere.

Commissioners Jaynes and Shaheen asked Elections Administrator Sharon Rowe to consider opening an additional early voting location in Frisco and west Allen.

Jaynes also asked that the west McKinney early voting site be moved to a more convenient location.

Judge Self then gave his budget presentation.... the Observer will write more on this in the next day or so.

After meeting in executive session, the court appointed Jane Willard of Celina to replace Paul Wageman as one of the county's two representatives to the NTTA Board of Directors.

Bill

At 11:30 tonight, after a long public hearing, the Plano City Council voted 6-2 on a motion by Councilman Pat Minor to table the Samaritan Inn grant request until after the Plano Planning and Zoning Commission has acted on the Inn's rezoning request of the proposed site on FM 544 and Shiloh Rd.

The vote to table has the effect of temporarily not approving any grant funding for a homeless transition facility in Plano. The vote is a major set back for the Samaritan Inn and its plan to build a facility to house 40 homeless families. The Inn must now present its case to the P & Z, and then the City Council for the land use request.

Only after clearing those hurdles can it request the community development grants.

Bill

=====================================

DMN - Plano council tonight weighs $700,000 land purchase for homeless shelter

Monday, August 9, 2010
By MATTHEW HAAG / The Dallas Morning News

The Plano City Council could take a major step tonight toward building one of North Texas' largest homeless shelters, a plan that triggered a fierce debate about the shelter's location.

Area of proposed Plano homeless shelter site
The City Council will consider approving the use of $700,000 in federal grant money to buy land Plano for the shelter.

The Samaritan Inn of McKinney has proposed placing the facility on six acres in east Plano.

Much of the opposition comes from businesses near the proposed site, on 14th Street near Shiloh Road.

Business owners worry that the complex will lead to higher crime rates and lower property values.

Supporters say the $4 million project is needed. While Collin County is one the country's most affluent, it has a growing homeless population. About 7 percent of Plano families live in poverty.

read the rest of this story at The Dallas Morning News....

also....

WFAA - Plano homeowners gripe about homeless shelter plan, CCO, Aug. 4, 2010

The real story behind Samaritan Inn in Plano, Chuck Bloom, CCO, Aug. 2, 2010

DMN community opinion - Lynne Sipiora: Collin County needs to shelter its homeless, CCO, Aug. 1, 2010

DMN - Homeless shelter director says need must trump Plano residents' oppositionul. 25, 2010

DMN - Plano weighs plan to build long-term homeless housing facility, CCO, Jul. 16, 2010

Transportation blog: Jane Willard to replace NTTA Chairman Paul Wageman as board's Collin County representative

Monday, August 9, 2010
By MICHAEL LINDENBERGER / The Dallas Morning News

Editor's note: This item originally appeared on dallasnews.com's Transportation blog.

Paul Wageman, chairman of the North Texas Tollway Authority and its longest serving member, will not come back for another term.

Today, the Collin County Commissioners' Court voted 5-0 to name Jane Willard (photo) of Celina to succeed him on the board, and the NTTA's nine board members are expected to choose a new chairman later this month. Victor Vandergriff of Arlington, the current vice-chairman, has indicated he is strongly considering a run.

Willard will become the only, but not the first, female serving as an NTTA board member, avoiding what some had said would have been an inappropriately all-white, all-male board when Dallas County commissioners last week elected to replace Alan Sims, the board's only African-American, with Kent Cagle, who is white.

The commissioners' move to appoint a replacement for Wageman was expected, given that NTTA rules limit a chairman to four years in that role. Wageman had indicated previously he did not plan to seek another term as a board member, though there remained some doubt of that in recent days as tensions on the board appeared to reach a new high.

Wageman, a corporate attorney and former Congressional staffer, led the authority during the period of its most explosive growth and most profound transformation. A hands-on manager -- or, as some staff members termed it, a micromanager -- Wageman never shied from a fight, even as an aggressive Texas Transportation Commission, backed by Gov. Rick Perry, tried hard to sideline the authority by making way for private toll operators. Lawmakers eventually helped NTTA to rebuff those efforts, and emerge with more power than before -- a result largely credited to Wageman's political and strategic prowess.

Though the NTTA is building more roads now than would have seemed possible just five years ago, many North Texas leaders continue to demand it build more, even as they criticize it for not being able to do so. In response, Wageman has warned his colleagues and the Regional Transportation Council that they risk so saturating the region with toll roads that drivers may rebel -- and simply stop using them.

In addition to keeping NTTA strong during a period of in-fighting in Austin and in Arlington, Wageman's tenure will likely be remembered for the authority's conversion to all-electronic tolling, its aggressive and often resented pursuit of drivers who do not pay their tolls, and for presenting a $3.2 billion check, a massive upfront payment to the state in return for the right to collect tolls on the Sam Rayburn Tollway project for at least 52 years.

His last major act came last week, when he -- in the words of one frustrated colleague -- "bodyslammed" a year's worth of effort designed to loosen the grip on NTTA business by its five so-called legacy contractors.

He acted after two board members, perhaps erroneously sensing an opening, called an emergency board meeting without the consent of the chairman -- only the second time in NTTA history that such a meeting has been called.

The members wanted to act on a staff recommendation to strip HNTB Corp. of its prized role as top engineering firm for NTTA, and develop a schedule for reviewing the contracts of four other so-called legacy contracts.

Reacting quickly, Wageman pushed through a 5-4 vote that canceled all five contract procurements, leaving the legacy firms firmly entrenched for at least another two years.

Willard, a political supporter of Commissioner Joe Jaynes, is a veteran of Collin County service and historical boards.

link to this article at The Dallas Morning News....

Plano employees file suit; seek break, overtime pay

By Jon Vanderlaan / The Plano Star-Courier
August 9, 2010

Six Plano employees have filed a class-action lawsuit against the city seeking lunch break pay and overtime pay because of the work they had to do during those times.

According to the complaint filed July 27, the employees were promised pay during lunch breaks while they also monitored the radio for relevant calls. They also were promised overtime pay during on-call hours.

Billy Horton, Robert Morris, Robert Prunty, Alan Spurgin, David Ratcliff and Sam Bigham are the named plaintiffs in the case, which is presented on behalf of others in the same situation.

In the court filing, the plaintiffs argue they should be paid for breaks and on-call time because they must continuously listen for messages and adhere to company policy during the time.

It also alleged that employees were not paid for overtime work.

The city has since instituted a policy that pays its employees for such time, but has not compensated employees for past work, according to the lawsuit.

The plaintiffs allege that the practices violated the Federal Fair Labor Standards Act.

“Plano showed reckless disregard for the fact that its failure to pay workers overtime compensation and minimum wages was in violation of these laws,” according to the lawsuit.

Even if the court does not grant full payment for breaks, the lawsuit requests payment for the time employees spent on their radios or doing work resulting from a radio call.

According to the document, the plaintiffs are bringing suit against the city for declaratory judgment, breach of contract, quantum meruit, promissory estoppel, common law debt and the Texas Payday Act.

They are seeking unpaid wages, attorney fees, costs and interest.

read the rest of this article at The Plano Star-Courier.....

At the Commissioners court meeting today, the court will hear Dr. Robert Stein of Rice University present his report on the use of Vote Center in the November, 2009 election. After Dr. Stein's presentation, the court will hold a required public hearing on using the Vote Center concept in the upcoming November gubernatorial election.

Some background:

In 2006 and again in 2009, the Texas Secretary of State approved Collin County, along with Lubbock, Galveston and Erath counties, as a test site for the use of Vote Centers, or consolidated polling places.

The concept of Vote Centers involves reducing dramatically the number of election day polling places by eliminating precinct based polls and replacing them with larger Vote Centers where anyone in the county can vote. A similar concept has been in use for several years in early voting.

In an early voting polling place, anyone in the county can vote in any of the polling places. Citizens are no longer limited to voting in their neighborhood, but can vote near their school, office, stores or on their way to work.

It a popular idea, and the data shows the voters like the concept.

In 2006, the county elections department submitted a plan to the commissioners court, but withdrew it after the commissioners heard objections to the poorly designed plan from both political parties.

Collin County used Vote Centers for the first time in the November, 2009 constitutional amendment election. The County also contracted with Dr. Robert Stein of Rice University to perform some statistical analysis of the election and the effect of the Vote Centers.

Dr. Stein released his report in January. Stein compared statistics and exit poll data from Collin and Denton counties. Collin used the Vote Centers, and Denton did not.

Stein's report shows a lower Collin County turnout on election day compared to Denton County and Texas as a whole.

The data also showed that 8.4% of the Collin County voters waited in line for more than 10 minutes. In Denton County 5.2% waited for 10 minutes or more.

Several voting locations were used by large number of voters, while others were almost empty all day. In Collin County almost a third of the voters chose to vote in only 10% of the Vote Centers. This uneven distribution was, according to Stein, the likely cause of the additional waiting in line.

Since Collin County will be using substantially the same locations this year, it would be reasonable to predict that there will be lines of voters waiting at some of the more popular Vote Centers.

One issue that makes it difficult to use any analysis of the 2009 election is the great disparity expected in voter turnout between the 2009 Constitutional Election, and the 2010 Gubernatorial Election.

In 2009, less than 5% of the voters turned out to vote in 57 Vote Centers. This year, turnout should be closer to 25%-35% and they will vote in 70 Vote Centers.

The 70 proposed Vote Centers are a reduction from 129 precinct poling locations that would be expected if the Vote Centers are not approved.

After Dr. Stein's report, the county commissioners will hold a public hearing. It is expected that the Republican Party will support the 2010 plan, but that the Democratic Party will express some reservations.

In 2009, representatives of the Democratic Party, minority groups and disabled voter advocates who were on the county's Site Selection Committee all expressed some serious issues they believed could reduce voter turnout. Most then opposed going forward with the 2009 plan.

This year, the Democratic Party is expected to once again express real reservations of the wisdom of the plan. It is expected that their concerns will be similar to those in 2006 and in 2009 -

1. There are insufficient electronic poll books needed to check in voters. While this did not prove to be a huge problem in the low turnout 2009 election, the lack of poll books was a root cause of much of the lines seen in 2009 and it can be expected that the lines will grow exponentially this year.

Traditional vote centers offer multiple, as many as 10 or 20 electronic poll books so that voters can queue up in lots of shorter lines. Most Collin County Vote Centers will have only 2 poll books, thereby forcing voters into only 2 much longer lines.

Collin County has had real problems in the past with the electronic poll books and the VoteSafe software behind them. In 2008, Snafus with VoteSafe caused long lines, poll worker frustration and days of missed reporting during early voting. The lines were so long, and poll worker frustration so high that there were cases reported where election workers asked voters to 'come back on another day'.

2. Lack of parking. Almost every single Vote Center is located at a school or government facility. Election day is a normal work day and a school day. the parking lots will already be substantially full and it is feared that there is insufficient planning to allow parking for the anticipated 80,000 - 120,000 voters expected on election day. Dr. Stein's report lists most Vote Centers as having less than 5 available parking slots. Traditional vote centers avoid using schools, instead opting for large, recognizable buildings with plenty of parking.

3. Uneven distribution of Vote Centers:

• Allen has only 2 vote centers, or one for every 42,000 residents.
• Frisco has 6 vote centers, or one for every 17,800 residents.
• Plano has 16 vote centers, or one for every 16,500 residents.
• Murphy has one vote center for 13,700 residents.
• Wylie has 3 vote centers, one for every 13,000 residents.
• McKinney has 12 vote center, or one for every 10,600 residents.
• Farmersville has one vote center for 3,300 residents.

Long lines can be expected in Allen, Plano and Frisco. Some voters faced with no parking places and long lines will simply choose to go home and not vote.

Collin County will be using far more Vote Centers than is normally used in the Vote Center model. In Collin County, we will have 70 Vote Centers replacing 129 precinct polling places. In Larimer County, CO., they replaced 143 precinct polling places with only 22 'super precincts' or vote centers. Phoenix has replaced their 130 precinct polls with only 20 vote centers.

Collin County's use of a much larger number of 'super precincts' could help mitigate much of the issues that would wreak havoc (and have done so) in a more traditional Vote Center... that is IF the voters can find a parking place, and IF the VoteSafe software performs as promised.

The commissioners court will meet at the Jack Hatchell Administration Building, 2300 Bloomdale Rd. in McKinney. The meeting begins at 9:30 AM and public comments are welcome.

Bill

=================================
NOTES:

Proposed November General election poll locations, Collin County Elections, Aug. 2010

An Evaluation of Election Day Vote Centers In Collin County, Texas: 2009 Election, Stein and Vonnahme, January, 2010

November 3, 2009 Election Day Vote Centers open for business, CCO, Nov. 2, 2009

Collin to take part in vote center pilot despite concerns, CCO, Sept. 9, 2009

Does Collin County understand what a Vote Center is?, CCO, Aug. 10, 2009

Public Hearings on Countywide Election Day Polling Place Program, CCO, Aug. 3, 2009

Reports detail Collin County Early Voting problems, CCO, November 1, 2008

The 2009 Vote Center Plan submission to the Texas Secretary of State (MS Word doc)

Analysis of previous Collin County plan from 2006, Baumbach et al, July 2006

Collin County chosen to test polling place plan on Election Day, The Dallas Morning News, September 7, 2009

Vote centers "a total fiasco", The Denver Post, November 9, 2006

Collin County's proposed fiscal year 2011 budget will be released his week. On Monday morning, County Judge Keith Self will brief the commissioners court on three key proposals incorporated into his budget plan:

• First, is to begin the process of redefining retirement benefits.
• Second, is to begin restructuring employee and retiree health benefits.
• Third, is to reduce the size of the District Clerk's staff.

RETIREE BENEFITS

Collin County participates in the Texas County and District Retirement System -(TCDRS), which is a retirement and disability pension system for county employees in the State of Texas.

TCDRS is a retirement system begun by the Texas Legislature in 1967. It covers county and district employees statewide. Currently all but 2 tiny panhandle counties (Foard County, pop. 1,622 and Motley County, pop. 1,4266) are members of the TCDRS system. Many districts created by the legislature, such as the Collin County Central Appraisal District are also members of TCDRS.

Collin County employees contribute 7% of their wages into the TCDRS and the county matches at 250%. Most local counties match at a lower rate. For example, Dallas County offers a 200% match, and Denton county, 220%.

Selected Texas county TCDRS contribution matches

County	Match percentage
Bexar	200%
Collin	250%
Collin CAD	250%
Dallas	200%
Denton	220%
Ellis	225%
Fannin	200%
Grayson	225%
Hunt	200%
Kaufamn	200%
McLennan	250%
Montgomery	250%
Navarro	175%
Tarrant	200%
Travis	225%
Williamson	250%

The county also offers an optional deferred compensation (Section 457) plan which allows employees to defer taxes on their contributions. The county does not offer any match in the Section 457 plan.

Self charges that under the present plan over 42% of current employees will retire with incomes in excess of $100,000. He also alleges that 500 employees will retire with benefits higher than their salary.

Self also notes that the TCDRS system is an "unfunded liability". Unlike private sector 401(k) plans that require employer matches to be fully funded, the TCDRS merely accrues the match and interest to be paid as monthly benefits.

Judge Self points out that between retirement and medical benefits, unfunded liabilities are approaching $83 million.

Judge Self is proposing that the current TCDRS be scrapped and that it be replaced by an expanded Section 457 plan and with a 401(a) plan that would allow matching above the 457 limitations.

In an email Judge Self sent to his supporters, he explains his goals:

"Monday, I will recommend that the county conduct thorough research on a retirement program called '457', a program for governments similar to your 401k. If deeper examination warrants, the county might be able to move to a 457 program.

"I will also recommend that we model our employee and retiree medical insurance programs like your private sector programs.

"Retiree benefits and retiree medical insurance today have $83 Million in unfunded future debt. And growing."

Critics of Judge Self's plan point out that every county in Texas (except 2) are members of the TCDRS and that the 250% match is a Collin County decision. There is no reason to act like a lone wolf and go it alone, when simple changes, such as adjusting the employer percentage match to more closely agree with surrounding counties.

The critics also note that Collin County is not competing against private industry for its most critical (especially law enforcement) workers, but must compete with neighboring cities and counties for Sheriff's and Constable's deputies and prosecutors. Lowering the benefits package for these individuals below that of our neighbors will make retention of top-quality, experienced officers and recruitment of new officers more difficult.

EMPLOYEE AND RETIREE HEALTH BENEFITS

The Collin County Observer has covered Commissioner Joe Jaynes proposed changes to the employee medical benefits plans.

Judge Self wants to go further - As he says in his presentation, "Recommended overarching principle: Total county cost coverage amount matches what our citizens receive on average, both employees and retirees, using Mercer data."

Currently the 'employee only' cost to employees for the "Premium Plan" is $35 per month. The average for government agencies in the region is $48/month. Jaynes' plan would raise the premium to $50/month.

The Mercer average employee premium that Judge Self wants to attain is $98/month, or a 280% hike in employee cost.

Self also wants to move the retiree medical benefits towards a medigap plan that would supplement, not replace Medicare.

DISTRICT CLERK'S STAFFING

Probably sensing a weakness, Judge Self will propose a dramatic cut back in the staff of the beleaguered District Clerk.

He proposes to reduce the number of clerks by nine, one less for each court. Self also proposes to close the District Clerk's passport office, thereby eliminating another 4 positions.

In his justification, Judge Self notes that while the District Courts and County Courts at Law have similar caseloads, the County Clerk only staffs 2 clerks per court, while the District Clerk requires three.

Self will also recommend closing the County's Passport Office. Calling it a "non-core function", he notes that the office made a $13,261 profit in FY 2009, but that renting out the office space would offset the loss of revenue. Self points out that there are 8 other locations in Collin County that can process passports.

In 2005, the county refused to renew the lease of a passport expediting service that was in the same building as the county's Passport Office. In forcing that small, private company out of business, the court claimed that having two passport operations in the same building "confused the citizens" and the business was, in effect, competing with the county's operation.

Self would also close, as another "non-core function" the county's Substance Abuse Office. Self claims that the office does not offer any services other than referral, and that the money could be channeled into "another established program", without stating what that program would be.

GROWTH AND INVESTMENT

Judge Self is expected to point out to the commissioners that the county's expenses and debt have outpaced the growth in revenue and population. He has not stated how much he thinks the county should invest in future growth rather than simply reacting to increased population only after that population has resulted in more revenue. This, critics charge, is the real weakness in Judge Self's approach to limiting the growth of county government. Planning for growth requires investment in infrastructure they say, and investment implies debt in the form of bonds.

Self will present his proposals at the Commissioners Court meeting tomorrow. The court will meet at the Jack Hatchell Administration Building, 2300 Bloomdale Rd. in McKinney. The meeting begins at 9:30 AM and public comments are welcome.

Bill

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NOTES:

• Keith Self's budget presentation, August, 2010
• Commissioner Jayne's budget presentation on employee health plans, July, 2010
• Large cuts to District Clerk budget to be proposed, CCO, August 5,2010
• Jaynes proposes employee medical plan savings, CCO, August 2, 2010
• County budget shortfall eases - hiring freeze lifted, CCO, July 27, 2010
• District Judges,staff solve Collin County Budget crises??, CCO, July 14, 2010
• Texas County and District Retirement System's homepage
• Collin County employee benefits homepage

After indictments, future of Collin County district clerk's office hazy

August 8, 2010
Ed Housewright / The Dallas Morning News

Alma Hays doesn't expect Patricia Crigger to leave the Collin County district clerk's office quietly.

"They'll have to take her kicking and screaming," said Hays, who lost to Crigger in an April 13 Republican Party primary election.

Like other courthouse observers, Hays wonders about the future of the district clerk's office now that Crigger and five fellow supervisors have been indicted on felony charges of engaging in organized criminal activity.

They are accused of falsifying time and attendance records to show employees were working when they were not. Prosecutors allege the supervisors pressured employees to work on Crigger's campaign during county time in violation of county policy.

Crigger, who has no Democratic opponent in the Nov. 2 election, intends to stay on the ballot and be sworn into office Jan. 1, said her attorney, Robert Hinton. She would replace longtime incumbent Hannah Kunkle, who is retiring.

Crigger, the chief deputy district clerk, has done nothing wrong, Hinton said.

"This is an unfortunate situation," he said last week. "The county certainly hasn't been damaged by this. It's one of the most efficient, organized district clerk offices I've ever dealt with."

State law allows candidates to take office under indictment and serve until a final conviction, unless the case is dropped.

Hays said some people have encouraged her to run against Crigger in the fall as a write-in candidate, but she said she hasn't decided. The deadline to file is Aug. 24.

"It's a tough call because write-in campaigns are tough to win," she said.

So far, no one has filed as a write-in candidate for district clerk. Interested in the job?

It pays almost $111,000 a year, one of the top county salaries, and many elected officials hold onto their jobs for years.

To be eligible, a candidate must be at least 18 years old, a U.S. citizen, a Texas resident for at least a year and a Collin County resident for at least six months, according to state law.

While Hays ponders a write-in candidacy, she said she wonders whether she could have beaten Crigger in April if the alleged crimes hadn't taken place.

"Who knows?" Hays said. "It makes me very angry. I feel like they had an arrogant attitude that, 'We're above the law. We're entitled to keep this office.' "

Hays said she saw district clerk employees campaigning for Crigger during county work hours. She said she never complained to officials and wasn't interviewed by Texas Rangers during their investigation that led to the indictments.

Hays said she had no intention of firing district clerk employees had she won the election.

"The rumor was being used as a tool to motivate the clerks to get out and campaign for the Crigger team," Hays said.

Crigger hasn't responded to repeated interview requests.

Hays said she doesn't regret spending almost $70,000 on her campaign far more than Crigger. According to county records, Hays spent $69,980, compared with the $27,742 that Crigger spent.

If Hays decides against a write-in candidacy, she said she's unlikely to run for district clerk again.

"We worked so doggone hard," she said. "We did everything we knew to do and still lost. So we just figured it was the Lord's will."

link to this article at The Dallas Morning News....

The McKinney Courier-Gazette

Collin County DA will not step down from prosecuting district clerk's employees

By Danny Gallagher / The McKinney Courier-Gazette
August 5, 2010

The Collin County District Attorney's Office has no plans to let another district attorney's office handle the case against six indicted Collin County district clerk's employees.

First Assistant District Attorney Greg Davis confirmed his office's decision by email.

"There are no plans to recuse our office," Davis said. "I will be handling these cases until they are concluded."

A Collin County grand jury returned indictments against chief deputy district clerk Patricia Crigger, civil/family manager Sherry Bell, senior administrator Rebecca Littrell, deputy district clerk Amy Mathis, civil/family supervisor Lorrie Robertson and deputy minutes clerk Marcia Simpson in connection with the Texas Rangers' investigation, according to Collin County court records.

An unidentified source told Sgt. A.P. Davidson of the Texas Rangers' Office that Crigger and Littrell held meetings last January to recruit employees of the District Clerk's office to "assist with the Crigger campaigns during regular working hours."

Employees earned paid time off for participating in Crigger's campaign. When the employee claimed "blue book time," "supervisors would falsely report to the county payroll system that the employee was at work," according to the affidavit.

Further investigations showed that Crigger used the county office's computer to transmit campaign materials including her "bio" and "an endorsement letter purportedly written by current district clerk Hannah Kunkle for use in the Crigger campaigns."

The Collin County DA's decision to pursue the case might seem unorthodox to some, but Tarrant County Assistant District Attorney Edward "Chip" Wilkinson said he believes they are simply following their judicial obligations....

read the rest of this article at The McKinney Courier-Gazette....

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The Dallas Morning News

E-mails describe Collin County employees' campaign work for incoming clerk

Thursday, August 5, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County district clerk employees used county computers on county time to work on the campaign for chief deputy Patricia Crigger, according to e-mails contained in court documents.

County policy prohibits campaigning during work hours, yet the e-mails among staff members at the district clerk's office freely talk about campaign schedules, walking precincts and dressing for the polls. One supervisor even dubbed herself the "campaign queen."

"It's an unfortunate misunderstanding and misidentification of the facts," said Crigger's attorney, Robert Hinton, who spoke publicly for the first time Wednesday about the allegations against his client. "Patricia and the other girls indicted are just good salt-of-the-earth people. They were just doing what they've been told, including Patricia."

Hinton said that the office has rewarded employees for years with extra personal days, and that staffers volunteered to use their personal days to campaign for Crigger.

Crigger defeated law office manager Alma Hays in an April 13 Republican primary election runoff. Crigger faces no Democratic opposition and is due to take office Jan. 1, replacing longtime District Clerk Hannah Kunkle, who is retiring.

Accused of tampering
Crigger and fellow supervisors Sherry Bell, Rebecca Littrell, Amy Mathis, Lorrie Robertson and Marcia Simpson were indicted last week on felony charges of engaging in organized criminal activity. They are accused of tampering with government records and committing theft by falsifying time and attendance records to show employees were working when they were not.

More than two dozen e-mails from district clerk employees about Crigger's campaign are included in a search warrant affidavit from a Texas Rangers investigation. The affidavit states that employees were asked to assist Crigger in "various ways, such as walking neighborhoods and holding campaign signs at polling places."

Collin County policy states, "Employees are not permitted to perform or be involved in political campaigning ... during working hours or on paid overtime."

The e-mails shed light on how the campaign work was coordinated.

"Sandra and Pam are willing to work Farmersville on either Thursday or Friday and possible [sic] both," Bell wrote to Littrell on Feb. 23. "Do you want them there? I think it might be good."

About four hours later, Bell sent another e-mail to Littrell: "Lorrie will go to Allen. Just come on in the office and we will decide where we are going."

That same day, Bell wrote: "You better dress for us to work the polls tomorrow. That's what Patricia wants us to do."

On Jan. 19, Bell sent an e-mail from her county computer to a friend outside the district clerk's office.

"I am the campaign queen around here and Patricia has named my truck the 'Campaignmobile,' " she wrote.

Mathis, another defendant, sent an e-mail on Feb. 2, saying she had worked 10 straight days on the Crigger campaign. On March 5, Mathis wrote to the same person about the upcoming runoff election.

"We are in a run off [sic] now so I will not have a life until April 13th," Mathis stated in the e-mail.

Fuddruckers meeting
One e-mail in the affidavit mentioned an employee meeting at Fuddruckers restaurant in McKinney on Wednesday, Jan. 20.

The e-mail includes no details. But attorney George Milner III, who represents Robertson, said the lunchtime meeting was called to encourage employees to back Crigger. Kunkle was present but did not speak, Milner said....

read the rest of this article at The Dallas Morning News....

Bill

Jessica Rush does a great job in this article giving some of the background behind the Frisco City council's vote to support an application by a developer for low-income housing.

The Observer covered the story of the development proposal with media clippings. See:

• DMN - Frisco council votes to support reduced-rent apartments, Feb. 17, 2010
• DMN - Frisco affordable housing plan gains board's support but meets resistance, Feb. 12, 2010

Bill

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Frisco avoids low-income housing lawsuit

By Jessica Rush / The Frisco Enterprise
Thursday, August 5, 2010

Developer Stewart Creek LLP did not receive the tax credits needed to fund a 150-unit, low-income apartment complex in Frisco. The housing project development was competing for $9 million worth of credits against almost 30 other developments, but it was too far down on the list to receive immediate state funding. Fifty units in the 10-acre complex, North Court Villas, would have been made available for clients with Section 8 housing vouchers.

Had the Frisco Housing Trust Board not agreed to send letters of support to both Stewart Creek LLP and another developer, VDC Frisco Reserve I, LP (which withdrew its contract earlier this spring) in their goals to provide Section 8 housing, the city would likely have faced a lawsuit by the Inclusive Community Project (ICP).

“We just evaluated what ICP brought to the table, and we created an agreement with them. I think our leadership has been very proactive in addressing any shortfalls in affordable housing in Frisco,” Mayor Maher Maso said.

ICP is an organization that seeks to create and maintain thriving racially and economically inclusive communities, expand fair and affordable housing opportunities for low-income families, and improve policies that prolong the effects of discrimination.

The city of Sunnyvale recently lost its lawsuit against ICP, and both Flower Mound and McKinney are dealing with similar suits for claims they violated the federal Fair Housing Act.

ICP filed its suit against Flower Mound claiming the town has a history of zoning that excludes certain groups, and that it refuses to participate in low-income housing loan and credit programs that help create affordable low-income housing. It also asserts that area cities and towns have adopted policies to develop low-income housing. Finally, it alleges that Flower Mound’s racially discriminatory policies and practices hamper the ICP’s mission to assist families seeking to use Dallas Housing Authority’s Section 8 housing vouchers in Dallas suburbs.

So far the ICP lawsuit has cost Flower Mound more than $200,000 in legal fees, court costs, and other fees, such as those for external consultants.

In March of this year, the McKinney Housing Authority reached an agreement with ICP after more than a year of litigation, agreeing to annually request applications from qualified developers for the next five years and to pay some of ICP’s attorneys’ fees.

ICP is seeking to construct 400 apartment units in Flower Mound. Because Sunnyvale lost the lawsuit, it must build 77 low-income housing units in the city.

“We have an agreement with them [ICP] to look at the housing in Frisco and we’ve met our obligations,” Maso said.

The contract on the land on the south side of Stonebrook Parkway between Woodstream Drive and Preston Road is now still open for development.

Staff writer Chris Roark contributed to this story.

link to this article at The Frisco Enterprise....

The Collin County Observer has learned that County Judge Keith Self's preliminary 2011 budget that will be presented to the Commissioners Court next week will slash the number of personnel in the district clerk's office.

The current FY 2010 budget authorizes Hannah Kunkle's District Clerk office to have 63 employees. The proposed budget cuts 9 Deputy District Clerks and close the passport office, thereby eliminating another 4 positions.

Since the county wide goal of the 2011 budget is no growth, the cut of 13 positions from the District Clerk's office is seen as a reaction to the raid on the District Clerk's office by Texas Rangers last June, and the subsequent indictment of the Chief Deputy and District Clerk elect, Patricia Crigger along with 5 other deputy clerks.

In documents filed with the court, the Collin County DA charges that over a five month period early this year, employees of the District Clerk's office took over 230 hours of illegal paid time off that was authorized by supervisors who falsified time sheets and other systems. Much of this time off was to reimburse employees for taking paid leave to work on Crigger's campaign.

Reacting to the raid, one commissioner told Kunkle, "it appears to me that your office is over-staffed".

The proposed budget will likely be presented to the Commissioners Court on Monday, with budget workshops beginning on August 16. After the workshops, the Commissioners Court will schedule 2 public hearings before final adoption of the 2011 Budget. Until final adoption, any proposal could be changed by a majority of the court.

Documents filed by Texas Ranger A.P. Davidson in order to get the search warrant for the court house allege that Kunkle has maintained a double set of books for over 20 years, granting employees "Free Time" extra holidays, such as "Shopping Day", "Spring Day", Hannah's Freebie", and "Birth Day".

Experts this author has talked to differ as to whether Kunkle had the legal authority to grant paid time off in violation of county policies. Most agree that the legality of the "Free Time" program is a separate issue from falsifying time sheets in order to hide the "Free Time" grants.

The "Free Time" system appears to have grown into a "Blue Book" system of gaining extra paid time off during Crigger's campaign. In a five month period earlier this year, investigators were able track 169 hours being logged into the blue book for 20 employees who worked on the Crigger campaign.

On occasion, Kunkle's "Free Time" would overlap with Crigger's "Blue Book".

Investigators uncovered one such incident where they allege Marcia Simpson used "Blue Book" time to travel during business hours and on the clock with Hannah Kunkle to the Choctaw Casino in Oklahoma.

In all, over the 5 months that were investigated, 56 of the department's 63 employees were the beneficiaries of alleged illegal time entries that promised them a total of 234 additional paid days off for campaigning, "Blue Book" and "Free Time".

Bill

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Correction:

August 5,2010

I received a call from Monika Arris,the county's budget director who pointed out an error in this article.

The recommended budget will not be presented at the August 9th Commissioners Court, but will be made available on the web at some point next week.

The Observer regrets the error.

Bill

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NOTES:

• Collin County Fiscal Year 2010 Adopted Budget
  
  
• Affidavit for Search Warrant, signed by Texas Ranger Sergeant A.P. Davidson, June 1, 2010
  
  
• "Notice of Overt Acts of the Combination", Greg Davis, First Assistant Collin County DA, Texas v. Crigger, 401st District Court
  
  

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NIMBYism is alive and well in East Plano.

Bill

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Plano homeowners gripe about homeless shelter plan

by GARY REAVES / WFAA
August 3, 2010

PLANO — The City of Plano got an earful from property owners Tuesday night who are upset about a proposed plan to help the homeless.

In a sign of the tough economic times, about 150 people gathered at the First United Methodist Church for a town hall meeting to talk about what to do about the growing homeless problem in one of the nation's most affluent counties.

Just about everyone agrees something must be done, but many of the speakers at Tuesday's meeting want it done somewhere else.

Plano residents kept their emotions in check, but that doesn't mean they want the proposed facility for 80 homeless families to be built in their backyard.

"This is a worthy cause, but this is the wrong site," one speaker said.

The proposed site is currently a vacant lot in east Plano. The Samaritan Inn of McKinney — the county's only homeless shelter — is seeking a federally-backed loan for the Plano property to build a facility to help homeless families get back on their feet.

The agency's McKinney shelter is swamped.

"With the decline in the economy, we have now been turning away 15 to 30 people a week because we're full," said Samaritan Inn director Lynne Sipiora.

Her organization is committed to the Plano location, but people who live nearby fear it would only hurt the value of their homes.

"I feel trapped, because I've already asked 50 people — or more — if they would be willing to buy my condo if they could see a homeless shelter out the bedroom window, and their response to me was, 'No,'" said Shari Gearhart.

Like most everyone at the meeting, Gearhart said she would support the Samaritan Inn proposal if it was located elsewhere.

But Denny James, who has been helped by the Samaritan Inn shelter, offered a reminder that many others are just a paycheck away from being homeless like he was.

"They were there," James said. "They gave my baby wet wipes and diapers and toothbrushes and stuff I just ran out of. They helped me."

Next Monday, the Plano City Council will consider the first stage of the Samaritan Inn's proposal — applying for a federal loan. After that, the organization would still have to raise more than $3 million and they'd have to settle on a final site.

link to this article, video and pictures at WFAA Channel 8.....

City of Frisco proposes property tax rate increase

August 04, 2010
Valerie Wigglesworth/The Dallas Morning News Frisco Blog

The city of Frisco is considering a property tax rate increase due to declining property values.

The city's rate of 46.5 cents would increase to 47.76 cents under the proposed 2011 budget. City Manager George Purefoy said the increase of 1.26 cents would go entirely toward paying debt and not be used for the city's maintenance and operations. The proposed increase amounts to an extra $31.50 a year for the owner of a home valued at $250,000.

Assistant city manager Nell Lange said existing property values declined by 4.3 percent, much of that being in the city's commercial sector. A special fund that sets aside revenues from property taxes in a square mile around Stonebriar Centre mall for public projects, for example, lost about $60 million in value compared with last year, Lange said.

Council members received a brief summary of the budget proposal on Wednesday and will get copies of the full budget on Monday. Public hearings on the budget are scheduled for Aug. 17 and Sept. 7.

Last year, the city manager's office proposed no property tax increase. But council members decided 4-3 to increase the property tax rate by 1.5 cents to fill 17 key vacancies and take less from the city's savings.

Earlier this summer, Frisco ISD announced it would increase its property tax rate by 3 cents, pushing the overall tax rate to $1.42 per $100 assessed valuation for the next school year. This represents a 2 percent jump, or about $75, for owners of a home valued at $250,000.

link to this posting at The Dallas Morning News Frisco Blog....

Yesterday, the Collin County DA's office, filed a "Notice of Overt Acts" detailing the charges against Chief Deputy District Clerk Patricia Crigger and 5 other indicted deputy district clerks.

I have uploaded the 45 page "Notice of Overt Acts of the Combination" filed in the case The State of Texas v. Patricia Crigger.

The filing is basically a list of actions by the six accused Deputy District Clerks in falsifying time records and using access cards to clock-in absent employees.

A reading of the filing shows that the DA is accusing the defendants of falsifying time records to grant time off to themselves and others, and of using electronic access cards to clock-in absent employees.

The filing also accuses Crigger of arranging an after the election party in Oklahoma, and then falsifying the time records to show that she an the other defendants were at work at the time.

The "Notice" also accuses one or more of the defendants of removing an absent employee's access card during the raid by the Texas Rangers to keep the Rangers from finding it.

The filing, by First Assistant DA Greg Davis, charges the six defendants acted in an organized manner to commit two classes of crimes, "Tampering With a Government Record", and "Theft by a Public Servant".

It details instances of employees being granted paid time off for campaigning for Crigger, as "Blue Book" time, and as unofficial holidays such as "Hannah Freebies", "Free Days", Spring Days", Fair Days", Shopping Days", and "Birthday Days".

I counted over 230 days of unearned pay being granted over the 5 month period detailed in the filing.

You can read the entire filing, "Notice of Overt Acts of the Combination" here.

Bill

==============================================================
Collin County DA: District clerk's office padded time, attendance records

Tuesday, August 3, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Incoming Collin County District Clerk Patricia Crigger rewarded five supervisors in the clerk's office who campaigned for her with a trip to Oklahoma and falsified records to indicate they were on the job during the two-day trip, according to court documents.

The trip is among more than 200 instances in a 45-page document filed this week by the district attorney's office in which Crigger and the others recorded that employees were working when they were not.

District Attorney John Roach would not comment on the evidence.

"We will do our talking in court," he said in a brief e-mail response to questions.

David K. Haynes, who represents Simpson, said she doesn't supervise anyone and was only following orders.

"She's absolutely not guilty," Haynes said. "She's not any big boss or policymaker. This lady is a grandma. She's been working at the district clerk's office for six years or so. I think she's in about the same job as when she [was] hired on.

"She did what was told by people in charge of her," he said.

George Milner III, who represents Robertson, said his client was afraid she would be fired if she didn't follow orders.

"She felt pressured to go along with it," Milner said.

Attorneys for the other women couldn't be reached for comment.

Allegations

On many occasions, employees were shown to be at the clerk's office when they were actually doing campaign work. Other times, they received paid time off in exchange for helping on Crigger's spring campaign, the document alleges.

Crigger made reservations for herself and the five others at Broken Bow Cabin Lodge in Broken Bow, Okla., for the nights of Sunday, May 16, and Monday, May 17, the document says.

"Crigger made false entries in official Collin County time records reflecting Littrell arrived for work at 8:00 a.m. and left work at 4:00 p.m. when in fact Littrell did not appear for work ...," it states. Instead, it continues, Littrell was with the others at the Oklahoma lodge.

Crigger, chief deputy district clerk, defeated law office manager Alma Hays in an April 13 Republican primary runoff. Crigger faces no Democratic opposition and is due to take office Jan. 1, replacing longtime District Clerk Hannah Kunkle, who is retiring.

The court document lists more than 45 employees who were falsely shown as being at work from Dec. 28, 2009, through June 2. The office has 63 employees.

However, not all employees missed work to assist the campaign. For instance, county records show Littrell was at work on Feb. 11 when, in fact, she "was, by her own admission, at her home doing laundry."

On March 4, records showed Bell at work when she really was in San Marcos on personal business, the document says.

On some occasions, the supervisors used an employee's access badge to log them in when they weren't on the job. For instance, Mathis was vacationing in Omaha, Neb., on May 24 when Littrell, Bell, Robertson or "an unknown member" used her badge to show she was present, the document says.

A worker who was not indicted was honeymooning on June 1 when supervisors used her badge to log her in, it states.

Court case

Roach wouldn't comment on his decision to have his office prosecute the case instead of turning it over to another agency. First Assistant District Attorney Greg Davis will handle the case, Roach said.

The Texas Rangers conducted the district clerk investigation and turned its evidence over to the district attorney's office. Prosecutors then presented the findings to a Collin County grand jury, which issued the indictments last Thursday.

Documents in the case have been filed in state District Judge Mark Rusch's court. He has recused himself from hearing the case. He declined to comment on his reason.

If Crigger doesn't withdraw her name by Aug. 20, she will stay on the Nov. 2 ballot. If she wins the general election and then decides not to take office, the county's state district judges would name her replacement.

Engaging in organized criminal activity is a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.

link to this article at The Dallas Morning News....

Imagine you are at work, the cops come and arrest you for embezzlement from your company.

Later that day you make bail.

Then you go back to work at the same company and spend time searching for the stool pigeon who turned you in. All while on the clock.

This daydream doesn't sound very plausible, does it?

.... unless your employer happens to be Collin County government.

The Collin County Courthouse

The Collin County Observer has learned from county records that the six deputy district clerks who were indicted and charged with racketeering by falsifying employee time records are reporting to work as usual while they are out on personal recognizance bonds.

As supervisors I am assuming they are still approving time sheets, personnel assignments, employee reviews and discipline and otherwise running the department.

Just as importantly, they are working for the very courts that will soon decide if they will go free or go to prison.

According to county time records, indictees Patricia Crigger, Marcia Simpson, Rebecca Littrell and Sherry Bell were at work all day Thursday and Friday of last week.

Lorrie Robertson clocked in every day last week, but had partial paid time off, while only Amy Mathis took a day and a half of paid time off.

Records for yesterday indicate that all six accused were at work in the District Clerk's office yesterday. Marcia Simpson took a half day of paid time off, but was clocked in for the other half of the day.

Since the investigation that led to these deputy district clerk's arrests was prompted by 5 fellow employees who became whistle blowers, these indicted supervisors are interacting with their accusers. That's not a very healthy situation, especially if the rumors that some of these accused are expressing a desire to find out who were the informers are true.

So, while the wheels of justice slowly turn, it is business as usual at the courthouse. Accused criminals are running the shop.

Welcome to corruption, Collin County style.

Bill

Collin County DA: District clerk's office padded time, attendance records with hundreds of false entries

Tuesday, August 3, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Clerk supervisors made more than 200 false entries to show employees were at work when they were not, according to a 45-page court document filed by the District Attorney's office.

The document also says that supervisors used employees' access badges to log in workers when they really weren't on the job.

Patricia Crigger, the incoming district clerk, and five other supervisors were indicted last week on charges of engaging in organized criminal activity. The indictments stem from a Texas Rangers investigation that alleges Crigger and the others pressured district clerk employees to work on Crigger's spring campaign.

Crigger defeated law office manager Alma Hays in an April 13 Republican primary runoff election. Crigger faces no Democratic opposition and is due to take office Jan. 1, replacing longtime District Clerk Hannah Kunkle, who is retiring.

The new court document alleges supervisors gave employees unauthorized paid time off in exchange for their campaign work.

The charges against Crigger, Sherry Bell, Rebecca Littrell, Amy Mathis, Lorrie Robertson and Marcia Simpson allege the women tampered with governmental records by making false entries in time and attendance records.

link to this article at The Dallas Morning News....

Intellectual and Developmental Disabilities - Panel Discussion

Tuesday, August 3rd – 7pm
Collin College McKinney Conference Center
2200 W. University Drive McKinney TX 75070

On Tuesday night, August 3rd at 7 pm, The Healthcare Committee of Collin County will host a Panel Discussion on Intellectual and Developmental Disabilities. This Educational Forum will provide some of the latest information and services for those needing support with Autism Spectrum Disorders (including Asperger’s Syndrome), intellectual disabilities and related conditions.

The panel includes:

• Gary Moore - President and Co-founder, nonPareil Institute
• Clay Boatright - President, ARC of Dallas and Vice President, ARC of Texas
• Nagla Moussa - President, Collin County Chapter of the National Autism Association (formerly Autism Society of Collin County)
• Charmaine Solomon - Chairman of the Board and Co-founder, My Possibilities
• Randy Routon - President, LifePath? Systems, MR Authority in Collin County

The Healthcare Committee of Collin County (HCCC) is a nonpartisan grassroots organization focused on ensuring access to quality healthcare for all residents in Collin County. Anyone with concerns about healthcare in this community is welcome to join and learn more about what services are available in Collin County and where we need to advocate for more.

This is the, I believe 4th in a series of panel discussions on the healthcare needs of Collin County residents. Previous discussions have focused on mental healthcare, mental illness in Collin County jails, and the role/future of the non-profit indigent clinics in the county. These discussions have all been very informative and have been well attended.

All meetings and presentations of the HCCC are free and open to the public.

Bill

Full disclosure: I am a member of the Leadership Team of the HCCC.

The real story behind Samaritan Inn in Plano

Chuck Bloom
Published by The Plano Star-Courier
July 27, 2010

One of the problems with something instantly deemed “controversial” is how the facts often get intermingled with feelings, producing an inaccurate debate when possible approval is pending. Such seems to be the case with the proposed Samaritan Inn in Plano (SIIP), which, when ALL the facts and information are presented accurately, will be seen as a positive for the city of Plano and its citizens.

The starting point for this discussion must be a realization of fact: homelessness among Collin County citizens, especially families, once doing well financially, is increasing at an alarming rate. The county has but one homeless facility – the Samaritan Inn in McKinney – and it turns away twice as many needy people as it takes it for one simple reason – the lack of space. Sadly, the Samaritan Inn is always full (with one-third of the residents being children under 17, meaning part of families).

More and more former middle class residents are in need of Samaritan Inn services than ever before – due to sliding economic/job RIF conditions. So serious is the problem of homelessness in the North Texas region that people will go to extraordinary lengths to get help, including one man who WALKED from Sherman to McKinney because he had lost his job, his home and his car. There are times when every male family head of household in Samaritan Inn possesses a college degree. The old stereotypes don’t apply anymore.

The Inn offers programs to return residents to being productive and independent members of society – with an affordable place to live and a job to sustain their independence. Such IS the goal of everyone associated with the Samaritan Inn for every person/family it accepts into the program.

Many of those families come from Plano, as well as other parts of the county, but currently, all services are McKinney-centric. It would be logical to have services provided in the county’s largest individual population center. That seemed to be the consideration by the Plano City Council when it voted unanimously to approve its five-year Consolidated Plan (2010-2014) on March 8.

In that document, on page 30, “the creation of additional shelter, supportive services, and transitional housing for homeless and under-housed” was stated as one of the city’s high priorities.

Then on July 13, the city’s Community Service Commission voted (again unanimously) to fund the $700,000 land purchase of the land (6.2 acres located just east of 14th Street and Shiloh, is currently owned by Temple Baptist Church of Allen, and not being developed) with a grant from Community Development Block Grant (CDBG) funds. This is funding outside of city-taxpayer expenditures, coming from the federal Department of Housing and Urban Development, earmarked for projects exactly like this. Such block grants have been part of redevelopment of urban and rural cities for decades, and not a peep has ever been sounded before because the money is returned directly to the people for good use.

At the same time, the Samaritan Inn was already working with city officials on a different CDBG block grant and the connection seemed to be natural.

“When we identified a possible site, we went back to the city and it was suggested we apply, they apply for HUD funds to purchase the property and that is how it all began,” said executive director Lynne Sipiora. “Make no mistake, the need is truly there.”

The financing does not involve a single Plano taxpayer; the city will purchase the property through the CDBG grant, donate it to the Samaritan Inn, which will, in turn, be responsible for the facility’s construction. Once it opens, operation and oversight will be done by the Inn, a 501c3 nonprofit organization, led by a board of directors consisting of many of the county’s top business and social leaders and elected officials. Not one penny comes out of the city of Plano’s budget.

Although the Samaritan Inn has been part of the fabric of Collin County for 26 years, many residents remain unaware of its services, program and purpose. First, it is NOT a faith-based charity. The Samaritan Inn receives support from a cross-section of churches, service organizations, civic groups, school groups, corporations, businesses and individuals.

It is not a burden upon county or city taxpayers; it only gets a mere 5 percent of its budget from government entities (through community block grants). The remaining 95 percent of its annual budget is garnered through private donations and fundraisers; much of the work is done by volunteers.

Here is a very important point overlooked by critics – this state-of-the-art facility WILL bring jobs to Plano; staff will be hired to work there. In addition, there will be retail sales dollars involved as supplies and non-donated groceries must be purchased, plus other monies injected into the Plano economy. The unused property in this part of Plano will become a viable entity; opposition to such a positive turn is inconceivable.

Additionally, housing Plano families locally will mean a bit of savings for Plano school district taxpayers. Currently, children who live in the PISD, but get relocated to the Samaritan Inn, can remain as PISD students and, hence, must be provided transportation to and from campuses … from McKinney. And since the school-age children to be housed at SIIP will already be enrolled in PISD schools, there is no strain on campus enrollment.

In safety terms, the Samaritan Inn is a superb neighbor in McKinney with a zero-tolerance for criminal activity of any kind. If rules (or laws) are broken, the offenders are expelled from the facility. As a result, there is almost no threat of criminal activity from the residents who understand the consequences.

This second homeless family program will coincide with a planned expansion of the McKinney facility, with the recent purchase of property near its headquarters. It will be used to relocate Samaritan Inn offices in order to add 20 rooms to accommodate more clients. And still, it won’t be enough to meet the challenge.

The future of the SIIP project will be decided in three key upcoming meetings. On Aug. 9, the council is expected to vote on the $700,000 CDBG grant request. The following week (Aug. 16), the Planning and Zoning Commission will consider rezoning the 6.2 acres from Research/Technology to Light Commercial with a Specific Use Permit for a Household Care Institution.

Finally, on Sept. 13, the council is scheduled to vote on the rezoning request, pending the P&Z action.

All meetings, of course, are at City Hall, 1520 Avenue K.

So there you have it: a new facility to address an increasing problem in Plano at no cost to any taxpayers while developing unused property and eventually adding to the local economy.

It makes sense economically; more importantly, it makes sense because it directly addresses a growing need in Plano and the surrounding area. And if you don’t think it affects you, you need to take a second look around. Every foreclosed home, every shuttered business, is a possible family needing help.

And there but for the grace of God go you or I. The Samaritan Inn is trying to provide a lifeline, in Plano, when that happens.

Chuck Bloom is a former managing editor for the Plano Star-Courier and longtime Texas journalist-publisher-columnist. He can be reached at chuckbloom@hotmail.com, or through his Web site at http://chuckbloom.blogspot.com.

link to this article at The Plano Star-Courier....

Several members of the Commissioners Court have made it clear that they want to take a hard look at county employee benefits this year. County Judge Keith Self and Commissioner Matt Shaheen both have stated on several occasions that they thought that the county plans should come closer to mirroring those offered in private industry. Commissioner Hoagland has lately railed about the county subsidizing premiums for employees' family members.

The Jaynes plan. (Click image for full presentation)

The Commissioners Court has also stated its concern over the growth of "unfunded liabilities". These are payments due in the future, mostly for retirement benefits. Estimates of the scale of these future unfunded liabilities range from $40 - $80 million.

At last Monday's court, Commissioner Joe Jaynes offered some ideas to reduce the county's liability for current employees medical plans. His plan would move the county more in line with the median plans offered by other government bodies in Texas.

Currently, the county offers two plans to its employees and their families. The "Regular Plan" costs an employee $10 per month and up to $200/month for family coverage. The "Premium Plan" costs $35/month for the employee only and rises to $290/month for families.

Collin County's employee paid premiums range close to the lower third of comparable government plans in Texas.

Commissioner Jaynes plan would raise employee premiums a modest amount -- from $10 to $40 per month depending on the coverage and family. The premium increases will, in Jaynes words, "more closely align Collin County to the averages and save approximately $375,000" per year.

Jaynes also proposes:

• Raising deductibles by $250/yr thereby saving the county $425,000/yr.
• Eliminate all "Out of Network" benefits for a savings of $500,000.
• End all coverage for any dependent who is covered by another plan. This would save the county an estimated $300,000.
• Increase copays for specialists in Premium Plan by $10 for an annual savings of $400,000.

The total savings in the 2011 budget would be about $2 million.

Commissioner Jaynes reminded the court that the county had some employees who are, "bringing home less than $400 per week." He offered these changes as the least expensive alternative to large employee premium hikes. Jaynes will also ask the court to increase the "Pay for Performance" pay increases to 1.5% to help cushion the effect of the increase in medical insurance costs.

Commissioner Jaynes also spoke about the medical benefits offered to retirees. Currently the retirees get the same plans as employees, resulting in huge unfunded liabilities. Commissioner Jaynes reminded the court that when the retirement plans were first set up, the intent of the Commissioners Court was that Medicare be the primary insurance with the county supplying a "medi-gap" policy to extend the basic Medicare coverage. Jaynes proposed that the county look to returning to that model. In the meantime, he proposed that retiree premiums rise with the employee premiums.

The discussions on employee health benefits are part of the discussions leading up to the 2011 Budget meetings, slated to begin this week or next. (Although no budget meetings are presently scheduled on the county's website)

There will be more preliminary budget discussions at the Commissioners Court meeting tonight. The court is meeting at 6:00 PM in the Jack Hatchell Administrative Building, 2300 Bloomdale Rd. in McKinney.

The meeting is open to the public. Public comments are welcome and are usually allowed at the beginning of the meeting.

Bill

From the TCEQ:

"AIR POLLUTION WATCH - LEVEL ORANGE - FOR DALLAS-FORT WORTH"

"The Texas Commission on Environmental Quality (TCEQ) has issued a Level Orange Air Pollution Watch for the Dallas-Fort Worth area for Monday, August 2, 2010."

"Atmospheric conditions are expected to be favorable for producing high levels of ozone air pollution in the Dallas-Fort Worth area on Monday. Ozone levels could reach the Level Orange "Unhealthy for Sensitive Groups" category."

"Elevated concentrations of ozone can act as a lung irritant. Individuals with chronic lung disease, such as asthma and emphysema, as well as the elderly and young children, are particularly sensitive to ozone and should attempt to avoid exposure. To avoid exposure, minimize exertion outdoors during the mid-day to early evening hours or stay indoors in an air-conditioned room during this time."

Bill

Lynne Sipiora: Collin County needs to shelter its homeless

Lynne Sipiora, Executive Director of the Samaritan Inn
Published in The Dallas Morning News
July 30, 2010

Five years ago come September, I accepted the position of director of the Samaritan Inn, Collin County's only homeless shelter. In an amazing baptism by fire, my first week on the job was also the first week the evacuees from Hurricane Katrina arrived in Texas.

I remember thinking, as I walked around the mountains of laundry detergent and piles of canned goods, that public awareness and fundraising would be a cinch.

Well, I was right and I was wrong.

I was wrong because the outpouring of generosity for Katrina victims did not seem to transfer to the people who were living in their own storm of poverty every day. An act of nature is nobody's fault, but when your house is foreclosed, somehow, to some people, it is.

And I was right because an amazing group of loyal supporters have kept us going and have recognized that, even though it's not seen on the news daily, people are still suffering.

Since that September, thousands of people have passed through the Samaritan Inn and found the support they needed to become independent once again.

"Who is your typical client?" I am asked often, and the answer is always anyone and everyone.

They are 20-somethings, the middle-aged and senior citizens; they are day laborers and middle management; they have high school diplomas and advanced degrees. They are white, African-American and Hispanic. Poverty, it seems, does not discriminate.

Two of our four wings are devoted solely to families, and they have been filled continuously for the last 18 months.

Intake interviews occur daily; our waiting room is regularly packed with moms, dads, crying babies, squirming toddlers, anxious school-aged kids and humiliated teenagers. More often than not, there is no room for any of them.

We have long known we needed another facility, and Plano seemed the logical place because the majority of our residents come from Plano. The city itself committed to providing more housing for the homeless in its five-year plan. City staff agreed to submit an application for a HUD loan and use those funds to purchase property that would be donated to the Samaritan Inn. The Samaritan Inn would then commit to raising the money to construct the facility and operate it.

A piece of property was identified, and then the opposition began.

Critics said our program would increase crime and decrease property values; they said businesses would suffer and everyone who was homeless in Dallas would immediately come north.

None of these things have happened in McKinney, and we don't expect them to happen in Plano. However, we respect the concerns and have tried to address them thoughtfully and responsibly.

These are the facts: Everyone who resides at The Samaritan Inn goes through an extensive intake interview, a mental health assessment, a criminal background check and a drug test. We are not a jail, a halfway house or a drug rehabilitation center; we are a program that helps willing people regain their independence and dignity. That's our mission statement – always has been, always will be.

We don't presume to know the best location in Plano for our program, and we have absolutely no interest in the political debate, but we do know that while it's being figured out, hundreds of people in Collin County don't know where their family will sleep at night.

A moral, spiritual and civilized society takes care of one another, and that is all we hope to do.

Lynne Sipiora of McKinney is executive director of the Samaritan Inn, Collin County's only homeless shelter. Her e-mail address is lsipiora@tx.rr.com. A town hall meeting about the Plano shelter plan will be at 7 p.m. Tuesday at First United Methodist Church, 3160 E. Spring Creek Parkway, Plano.

link to this article at The Dallas Morning News....

Six indicted supervisors at the Collin County District Clerk's office surrendered today, were booked into the Collin County jail, and then released on personal recognizance bonds.

All six face felony charges of "Engaging in Organized Criminal Activity", a second degree felony that carries a possible sentence of 2 to 20 years in the state penitentiary.

After setting PR bonds at $5,000 District Judge Mark Rusch recused himself from all six cases, which were then assigned to a visiting judge.

Sherry Bell	Patricia Crigger	Rebecca Littrell
Amy Mathis	Lorrie Robertson	Marcia Simpson

Unfortunately we have seen no sign that District Attorney John Roach and his team will also recuse themselves. Several knowledgeable insiders have pointed out that there are too many political under currents and too many personal relationships here. They believe these cases cry out for an independent prosecutor and judge.

The Observer has been unable to find out if these accused will be reporting to work on Monday morning or if they will be placed on leaves of absence.

Bill

Patricia Crigger

Six supervisors in the Collin County District Clerk's office were indicted by a Collin County Grand Jury today for "Engaging in Organized Criminal Activity" - a felony.

The six are:

1. Patricia Crigger, Chief Deputy District Clerk
2. Sherry Bell
3. Rebecca Littrell
4. Amy Mathis
5. Lorrie Robertson
6. Marcia Simpson

Patricia Crigger is the number 2 person in Hannah Kunkle's District Clerk's office. Ms. Crigger won the Republican Primary run-off to replace the retiring Ms. Kunkle. Since she faces no Democratic opposition, she is slated to be the next District Clerk on January 1, 2011. Her indictment casts doubt on her ability to assume that office.

The other 5 women are supervisors in the District Clerk's office. According to the Grand Jury report released today, the charges against all six county employees were brought by the Texas Rangers.

The Texas Rangers and other law enforcement personnel raided the District Clerk's office on June 3rd, seizing numerous records and computer drives. According to search warrant affidavits, it is alleged that Crigger and other supervisors were maintaining a double set of books on employees time, and then granting paid time off for various reasons, including time spent campaigning for Ms. Crigger.

So far, Hannah Kunkle has not been indicted. The Observer has heard rumors that both state and federal grand jury investigations may be underway.

Engaging in Organized Criminal Activity is a second degree felony. The Organized crime act is usually used against gangs and street gangs, not county courthouse personnel. Conviction could result in prison time from 2 to 20 years, a fine up to $10,000 and loss of many citizenship privileges.

The Collin County Observer has not heard if the six employees have been arrested or arraigned yet or when arraignment and bail hearings are scheduled.

Bill

====================
Update July 30

This morning, District Judge Mark Rusch granted personal recognizance bonds to all six supervisors. However, he refused to waive their personal appearance for processing and gave them until Monday to surrender to the Collin County County Sheriff.

The granting of the PR bonds stopped the Texas Rangers from executing arrest warrants on these accused. There will be no 'perp walk' unless one or more fail to surrender on time.

Bill

Last year, the local media wrote of the perceived slow progress in completing and opening The Plano African American Museum (PAAM), which is in the Douglass neighborhood near downtown Plano.

The museum is housed in the restored historic former home of John Thorton, who was born into a sharecroppers life, but who later became a successful businessman. The museum has spent over $400,000 in restoring the old Thorton home and in setting it up as a museum of African American life in Plano.

Last year PAAM received $145,000 from Plano's Heritage Commission. It also raised another $125,000 from other granting foundations. This year, the PAAM has asked for an additional $245,000.

Justin Nichols, a former chair of the Plano Heritage Commission has resurrected last year's controversy by sending a "public comment" letter to the commission a couple of weeks ago.

In the interest of furthering public debate, The Collin County Observer asked for and received permission from Mr. Nichols to publish his letter to the commission. The Observer then asked the Board of the Plano African American Museum to respond.

Printed below are the unedited texts of both sides of the discussion; Mr. Nichols letter and the PAAM Board's reply.

Bill

July 21, 2010
Heritage Commission
c/o Mrs. Liz Casso Hersch
Heritage Preservation Officer
City of Plano
1520 Avenue K
Plano, Texas 75074
Via Email

Re: Public Comment on FY 2011 Heritage Preservation Grants

Dear Chairman Chaput, Vice Chairwoman Quaintance-Howard, and Commissioners:

I am writing to submit my comments to the Commission on the FY2011 Heritage Preservation Grant applications which you will consider on July 20-21, 2010. I regret that I cannot appear before you in person, but I hope you’ll consider my comments and concerns.

As a former member and chair of the Commission, I know that a difficult task lies before you. Indeed hundreds of thousands of public dollars, and best way in which to use those dollars to promote heritage tourism in Plano, rests upon your discretion and judgment. So, first, I want to thank you for your service to the city and for your dedication to this difficult process.

I am writing specifically about the application for more than $245,000 from the Plano African American Museum (“PAAM”). As a Plano taxpayer I have significant concerns about PAAM’s requests, and I have outlined my concerns below:

Repeated Failure to Abide by Heritage Preservation Ordinances

On November 30, 2004, at my first meeting to sit on the Commission, we considered an application by PAAM for a certificate of appropriateness (“CA”) for a new roof on the Thornton House. Notably, the roof was already installed before PAAM applied for a CA. The Commission and staff chastised PAAM for its disregard for the CA process, and PAAM’s leadership assured the Commission that it would comply in the future.

It’s important to note that, while the membership of the Commission has changed since 2004, the leadership of PAAM has not changed since that time.

And recently, as you are likely aware, in October 2009 the Commission was again asked to approve an after-the-fact CA for a granite sign which had already been installed. The leadership of PAAM, alleging an oversight, blatantly failed to comply with the CA requirements – again. It is hard for me to believe that one can “accidentally” forget about the CA process twice in a five year period, particularly with such large projects as a roof and a granite sign.

It is my opinion that the leadership of PAAM either refuses to learn, or more likely, refuses to comply with the basic Commission procedures which are imposed upon every other business, resident, and
organization in a historic district or historically designated structure. PAAM’s persistent disregard of heritage preservation ordinances should be taken into account when making this year’s grant funding recommendations; especially since the other applicants consistently adhere to basic rules and ought to be rewarded for their strict compliance with same.

Failure to Meet the Objective of Promoting Heritage Tourism

I’d ask the Commission to keep in mind that the heritage preservation grants have a primary goal – to increase heritage tourism in the city of Plano, thereby sustaining our city’s tax base. And, while there are other objectives ancillary to the tourism mandate, the main objective should be the promotion of heritage tourism. PAAM fails to meet this goal.

First, PAAM doesn’t provide any substantive information to the public or to prospective visitors. For example, its Website is defunct. There isn’t as much as a phone number on PAAM’s Website. The “Gallery” page consists of a single picture of the Thornton House, and other pictures from the Douglass Community Art Wall, which was not a project associated with PAAM. The “Events” page lists only a November 2009 “Holiday Fun Run,” which was not funded through heritage grants and doesn’t relate to the museum or the Thornton House. Its “Community” page is listed as being under construction. The “Exhibits” isn’t functional, and the “Home Page” provides only basic narrative. PAAM’s Website does not list any hours of operation, directions to the museum, or even a phone number or address. In this sense, PAAM is failing to take even basic, and free, steps to promote tourism.

Secondly, PAAM has failed to carry out even non-Thornton House events which would promote tourism. You’ll note that for FY2011 PAAM has requested $20,000 for an “Underground Railroad Symposium.” However, also note that for FY2010, this body granted $10,000 for the exact same symposium, which was supposed to occur in the spring of 2010, but never happened! And now, PAAM is asking for twice the money for an event it failed to host when it was funded last year, and has provided no evidence as to why the symposium would now cost twice as much as its previous request or how the previously granted funds were spent.

It seems to me like PAAM consistently bites off more than it can chew. You’ll hear sound bites like “a museum without walls,” an “all volunteer board,” and being “open for business,” but the fact of the matter is that other organizations in Plano are holding truly regular hours of operation, providing ample information for an interested public, and have a clear scope of their mission and function – all for equal or less than the money PAAM seeks!

PAAM Continues to Increase Funding Requests Without Increasing Return

In recent years PAAM’s funding requests have begun to rival those of the Heritage Farmstead Museum and the Plano Conservancy. But, as I’m sure you’ll note, PAAM hasn’t nearly the public presence or reputation as the other two largest heritage organizations in Plano. And, while I’m not asserting that Plano’s heritage should be limited to only two main organizations, I would argue that if an organization is going to ask for the similar amounts of money as the “big boys,” then it should plan on providing the same level of service. PAAM doesn’t. While much younger than the Heritage Farmstead, PAAM’s only a year younger than the Interurban Railway Museum, and both the Farmstead and the Interurban have concrete, established, and functioning programs which absolutely dwarf, in size and scope, the much smaller PAAM – but who is requesting the same dollars.

In 2007 PAAM asked this body for $79,000 dollars and suggested that it would do everything in its power to open its doors soon, but no dates were given. Out of frustration with the history of slow progress by PAAM, this body recommended a funding level of $20,000. It was my job then, as it will be Chairman Chaput’s job, to present the Commission’s recommendations to City Council. PAAM showed up at the budget hearing to complain, but this time, just two months after the Commission had met, PAAM had refined its budget request to a more modest $49,000 for the same projects and PAAM promised a firm open date of October 1, 2008. That date came and went, and PAAM still wasn’t open for business.

Plano is facing extraordinary budget challenges. And while I realize that, per the ordinance, hotel/motel tax revenue cannot be diverted to the general fund, it is essential that the Commission do its part to ensure that every dollar being spent on for heritage preservation is likely to bring folks to Plano to shop, eat, visit, and stay. It is my opinion that, of all the applicants, PAAM is in the furthest position to positively affect tourism in Plano – especially given its exorbitant monetary requests which have not yielded any proportional return in the past.

PAAM’s Historical and Continued Lack of Fiscal Responsibility

PAAM typically fails to meet quarterly reporting deadlines at least once per year. These reports may be cumbersome upon recipients, but they are a necessary step to ensure the Commission’s goals are being met and that recipients are doing as they promised. Much can be inferred about PAAM’s respect for the grant process by its regular failure to make timely reports.

Also, as the minutes reflect, many Commission members, past and present, have repeatedly exhibited frustration with the lack of timeliness in completing funded projects. It seems that, while commissioners consistently request more timely completion of funded projects, PAAM only offers endless explanations and excuses, which at the end of the day, doesn’t change the long history of not completing projects on time, if at all.

Thirdly, PAAM has failed to provide the Commission with a certified audit which is required of all other grant applicants. While PAAM has offered unrelated memos from city staff, the requirement for applicants is clear – a certified audit must be submitted – period. Yet again, PAAM appears to be asking for special treatment and, in effect a waiver, from the Commission on important financial control procedures. I would urge the Commission not to excuse PAAM.

Fourthly, I continue to be disappointed by the lack of non-city funds procured by PAAM. While we can talk about the cancellation of past debts (i.e. mortgages), the Heritage Commission has never been asked to service debts used for the purchase of land. PAAM’s funding requests continue to increase and are not offset by sources outside city funds. As you’re likely aware, a key element of each application is how much of an applicant’s funding comes from the, as well as the length of time on which an applicant has relied on city funds. The trend suggest that the newer an organization, the more likely the Commission is willing to accept more reliance on city funds. But the expectation has always been clear: as they age, applicants need to become less sufficient on city monies. This has categorically not been the case for PAAM, and I feel that continued funding by the city only perpetuates PAAM’s reliance on same.

Finally, the projects for which PAAM has applied for funding this year lack any specificity, and it appears that PAAM’s leadership is content with explaining tens of thousands of dollars of requests under the broad descriptions of “operational” and “service specific.” Surely PAAM could have provided more details to aid the Commission in making a more educated decision. PAAM’s lack of transparency in this grant application, like its other applications, raises many concerns about exactly how money has and will be spent.

Conclusion

Commissioners, I want to assure you that this was a difficult and unpleasant letter to write. I take no pleasure in highlighting the shortcomings of an organization that started with a well-intentioned and ambitious mission. But, these are tough times, and no application should receive a less stringent review, be granted an unwarranted exception, or served with an uneven hand when dolling out public funds.

I urge the Commission to refrain from recommending funding for anything except what is necessary to keep the power and water on at the Thornton House, and to ensure its security. I feel that any additional funds sought by PAAM should be pursued directly from City Council, and should be made to compete with the rest of the city’s budget challenges.

I thank you for your service to our city, and for your consideration of my thoughts.

Sincerely yours,

JUSTIN P. NICHOLS

And the statement of the Board of The Plano African American Museum:

July 27, 2010

Via email
Mr. Bill Baumbach
Collin County Observer

Re: Response to July 20, 2010 letter from Justin Nichols to City of Plano Heritage Commission concerning the Plano African American Museum

Dear Mr. Baumbach:

On Friday, July 24, 2010 you called T.J. Johnson concerning the above-referenced letter you received for your publication, the Collin County Observer, and you offered an opportunity to respond. Having reviewed Mr. Nichols’ letter, the Plano African American Museum (PAAM) Board of Directors (BOD) do appreciate the opportunity to respond to Mr. Nichols’ letter.

To our understanding, as a former member and Chair of the City’s Heritage Preservation Commission, Mr. Nichols was charged, as is subsequent Heritage Preservation Commissions, primarily with the mission and responsibility to protect and preserve every aspect of the history and heritage of the Plano community, including our diverse communities. In our view, Mr. Nichols’ letter does little, if anything, to serve this mission. If Mr. Nichols truly was concerned for this mission and, particularly PAAM’s efforts toward the mission, it would seem more logical for Mr. Nichols to first contact PAAM with his issues and concerns, with his thoughts and suggestions, including any indication of what he himself was willing to do to help. It would be more useful for Mr. Nichols to at least have visited the museum and researched his claims and concerns. Instead, we have only ever personally heard from Mr. Nichols on one occasion (outside of a formal commission meeting), which will be discussed later and he has not visited the museum, certainly not within the last four years. And, instead of acknowledging and helping PAAM to celebrate the efforts and accomplishments which have been made toward the Heritage Preservation Commission’s mission, Mr. Nichols chose to nitpick and criticize the efforts of PAAM’s BOD with mistruths (some would say lies), half –truths or distortions of the truth, inaccuracies, innuendo and negative implications.

Consequently, before we address Mr. Nichols’ broad generalizations and issues and misinformation, we must put this response and Mr. Nichol’s comments within the proper context of the facts. Most of these facts are available, as a matter of record in the minutes of the City Council or the minutes of the Heritage Preservation Commission.

1. Around 2002, there were discussions and efforts to move the Thornton House to another location near 12th street and Avenue I. The Plano Conservancy, a long-time recipient of City grant funds, sought City funds, $20,000, for this purpose. However, the Thornton House was not moved and, to PAAM’s knowledge, those funds were never applied to any efforts on or for the Thornton House nor were any of these funds distributed to or on behalf of PAAM.
2. In 2004, the PAAM BOD included Myrtle Hightower, John Hightower, Ben Thomas and T.J. Johnson. The Chair of the BOD was Charles Grigsby of Frisco, Texas. The PAAM BOD appointed T. J. Johnson Chair in the fall of 2004. The current BOD: T.J. Johnson, Dollie Thomas, Bob Drotman, Angela Fisher, Ron Jones.
3. Between 2004-2007, Ted Peters, then Executive Director of the Heritage Farmstead Museum (HFM), a long-time recipient of City grant funds, worked closely with PAAM to restore the Thornton House and, as he had done with the restoration of HFM properties (i.e. The Young House, the Farrell-Wilson House), he used his experience and preservation knowledge to guide PAAM’s efforts to restore the Thornton House. Mr. Peters was the project manager for the restoration project.
4. Between 2004-2007, Ted Peters and HFM included a request for funds for restoration of the Thornton House, as a line item in its grant applications and Ted Peters (as the project manager for the Thornton House Restoration Project and until his death), directed the application of City funds and the restoration efforts. No City funds were requested or received by HFM for any other PAAM project or program, except for Thornton House plans or restoration. A total of $88,721 was awarded to HFM and funds were applied for this purpose.
5. The first City Grant award to PAAM (2008-2009) $159,798 ($98,000 for operations and maintenance, including salary, utilities and contracts and $56,798 for projects and programs – building sprinklers, oral history, museum design, Thornton House interior restoration). All projects funded were completed as planned. No funds were requested for exterior restoration since the exterior restoration was completed in the previous grant year, as planned with HFM. This was the first City grant application by the PAAM BOD and the first funds requested or received for operations and maintenance of the museum.
6. The second City Grant award to PAAM (2009-2010) $145,000 ( $92,800 for operations and maintenance and $50,000 for projects and programs – museum design and an Underground Railroad Symposium).

In his letter Mr. Nichols first alleges: Repeated Failure to Abide by Heritage Preservation Ordinances. He describes two instances involving applications for certificates of appropriateness (CA) “after the fact,” one in November 2004 for the new roof for Thornton House and one in 2009 for approval of the granite museum sign. However, he does not mention the number of other PAAM applications for CA’s or the fact that in 2004 the request he describes was made to the Commission by Ted Peters on behalf of PAAM where PAAM BOD members were present in support and Mr. Peters was specifically chastised for the “after the fact” CA because of his experience with the commission as a long-time representative for HFM and because of Mr. Peter’s experiences with “after the fact” CA applications (a fact which Mr. Nichols knows because he was at the meeting). In October 2009, concerning the granite sign, PAAM board members did attend a commission meeting and offered their explanation for the “after the fact” request. The Heritage Commission approved the granite sign as appropriate.

Mr. Nichols’ next allegation was: Failure to Meet the Objective of Promoting Heritage Tourism. He alleges that PAAM fails to meet the primary goal “to increase heritage tourism in the city of Plano.” He specifically points to the PAAM website and states that PAAM has not carried out a non-Thornton House event. First, Mr. Nichols has never visited the museum or Thornton House and has no clue as to what has been accomplished by PAAM or how PAAM promotes tourism. For example, in the past year Thornton House has enjoyed a number of visitors, including youth groups, teacher groups, small and large groups. PAAM has had a number of requests from groups to tour, such as family reunions and youth groups. For further example, last year PAAM hosted a Holiday FunRun? and Family Fest on November 21, 2009 at the Oak Point Park in Plano. This was also advertised on the DART public transportation system, inviting surrounding areas to come to Plano on November 21. We have also been told repeatedly that part of the interest in Plano by the National Underground Railroad Freedom Center in Cincinnati and the U.S. Department of Interior’s National Park Service’s Underground Railroad Program is PAAM’s enthusiasm and promotion for Plano “as the place to visit.” PAAM has been selected by both organizations as affiliates, an honor and significant accomplishment, to say the least, for PAAM’s small and dynamic BOD.

Next, Mr. Nichols alleges: PAAM Continues to Increase Funding Requests Without Increasing Return. Mr. Nichols expresses concerns that PAAM’s funding requests rivals the HFM and the Plano Conservancy (we assume this reference is to the Interurban Museum), that PAAM does not have the presence or the reputation as the “big boys” and that PAAM does not have the concrete, established or functioning programs as HFM or the Plano Conservancy. As a former member of the Commission, Mr. Nichols knows this comparison is inappropriate. First, 2010 is only the third year that PAAM has requested City funds for operations and maintenance to help PAAM establish the museum at the Thornton House and only the second year that PAAM has received funds for operations and maintenance. Mr. Nichols distorts the truth as he compares PAAM to the (25+ year old) HFM and the (15+ year old) Interurban Museum since, as he is aware, the “big boys” (as Mr. Nichols describes) have very different developmental histories than PAAM. For example, the City owns the land under the HFM properties and owns land and buildings at the Interurban Museum (which is only managed and operated by the Plano Conservancy). Both organizations, under appropriate staff including Executive Directors, were primarily concerned at start-up only with maintenance, displays, exhibits, programs and projects. Unlike these organizations, PAAM, at start up (with a small volunteer BOD and no Executive Director) has had to concern itself with securing the land and buildings, including financial, structural, historical preservation and restoration, before it could focus more heavily on programs and projects. As Mr. Nichols is also aware, all City funds requested prior to 2008 by HFM for PAAM were for the Thornton House only, particularly for restoration but no funds for operations and maintenance. Mr. Nichols distorts the truth, knowing that PAAM is not “only a year younger than the Interurban Railway Museum.” Over fifteen years ago, the Interurban Museum opened its doors for business, with two fulltime staff and HFM with even more staff. Initially, for a number of years (for operations, maintenance and programs) HFM received all of the City funds earmarked for heritage preservation and subsequently Interurban shared those funds and now, for the last two years, PAAM has shared those funds but all three organizations, even today, depend on City funds for more than 85% of their operations and maintenance budgets. PAAM opened its doors with a part-time administrator, in 2008, without an Executive Director. The basic premise is this: If there had been a way to acquire sufficient funds or resources in the beginning, as the other organizations, to secure the property, in all aspects, and to hire full time personnel to recruit volunteers and seek other funding, PAAM would be further along in its development. Instead, with limited funding and resources PAAM has taken an incremental approach designed to methodically and carefully lay a solid and long-lasting foundation for PAAM to get the museum fully operational, i.e. facility first. No doubt both HFM and the Interurban Museum built their programs and offerings over time, much the same as PAAM.

Concerning the 2007 presentation before the Heritage Commission and the City Council, once again, Mr. Nichols, distorts the truth. In June 2007, just after Mr. Peters had passed away, Chuck Laenger, then Interim Executive Director for HFM and T.J. Johnson for PAAM appeared before the Heritage Commission concerning the HFM City grant application. Appearing for the presentation, were PAAM and HFM board members and Jerry Kolesiack, Habitat for Humanity/Project Manager for the Thornton House restoration project. Prior to the presentation, Mr. Nichols sent a number of messages (through others including Chuck Laenger and Dollie Thomas) to T.J. Johnson that “Ms. Johnson had better call [him] immediately or he would make sure that PAAM got nothing.” He did not directly call Ms. Johnson. When Ms. Johnson reached him and inquired of the “urgency” Ms. Nichols indicated that he wanted to visit about the presentation. There was no mention of “frustration with the history of slow progress…” Mr. Nichols did indicate that he was running for City Council and wanted to know if Ms. Johnson would support him. Ms. Johnson congratulated him on his decision to run without comment or commitment concerning any support. At Mr. Nichols’ presentation to the City Council, there was also no mention of “frustration with a history of slow progress…” and the City Council did award additional funds for the only project which HFM/PAAM had requested, the restoration of the Thornton House. Following the presentations, Mr. Nichols approached Ms. Johnson and Ms. Thomas, again reminding them that he was running for City council and hoped for their support. The ladies again congratulated Mr. Nichols without further comment or commitment to his campaign. Mr. Nichols lost his bid for City Council.

Next, Mr. Nichols alleges: PAAM’s Historical and Continued Lack of Fiscal Responsibility. He explains this claim by asserting that PAAM “typically fails to meet quarterly reporting deadlines…,” fails to timely complete funded projects, PAAM “failed to provide the Commission with a certified audit” as required of other grant applicants and PAAM has not procured non-city funding. PAAM has missed two deadlines in the two years it has received City grants, hardly typical. Instead of this broad generalization, Mr. Nichols should have identified the specific projects to which he refers. As of this date, except for the Underground Symposium I, every project for which PAAM has received City funding has been timely completed. PAAM could not host the symposium which was previously scheduled for February 2010 because PAAM did not receive City funding until February 2010 and, therefore, could not commit funds for the symposium which had not yet been received. Again, a mistruth: the City does not require a certified audit for grant applications. An applicant has the option of submitting documentation certified by a CPA, which PAAM has submitted, just as other grant applicants. Unlike other organizations which have had financial issues, PAAM has been subjected to a number of city audits resulting in memorandums of no findings. Furthermore, as of December 31, 2009, PAAM had acquired significant non-city funding and enough non-city funding to pay-off the debt for the block of property from the corner of 13th Street and Ave H to the corner of 13th Street and H Place.

We are perplexed with Mr. Nichols’ letter and the unsubstantiated claims he makes, including his suggestion that PAAM seeks some exception. We are at a loss to explain his mean-spirited, negative and, seemingly vindictive and angry approach. We cannot understand why he seems so angry with PAAM, except perhaps he felt unsupported by PAAM board members in his failed attempt at the City Council. And while we applaud and admire any citizen who seeks public office and public service, we still believe that one had nothing to do with the other. The fact is that PAAM seeks no exceptions. To the contrary, PAAM simply seeks to be treated fairly, reasonably and consistently with other organizations. PAAM’s “well-intentioned and ambitious mission” to help support heritage preservation in Plano and the surrounding area should be supported, as with other organizations. PAAM’s goal is to complement the efforts of our community of museums by encouraging the research, review, preservation and appreciation of the heritage of the diverse communities and cultures in Plano, the All-American City. At the very least, PAAM’s efforts should be applauded and encouraged and should not be disparaged as with Mr. Nichols’ mistruths, inaccuracies, half-truths and negative implications, which certainly do not serve the heritage preservation mission which Mr. Nichols, as least on one occasion, swore to uphold. PAAM serves a significant and important role in the preservation of heritage in this area and has already proven its ability to bring attention and interest in the Plano community. Certainly, it is irresponsible to base his urgings to the Commission to refrain from full support and funding for PAAM on little more than mean-spirited and negative implications, not based on fact or firsthand knowledge of PAAM or the Thornton House.

We invite you to visit the Thornton House at 900 13th street (open from 10:30 am to 1:30 pm Monday, Tuesday, Thursday and Friday), visit the website at www.aamplano.com and judge for yourself. Like other organizations, you will not see perfection but you will see the results of the efforts and accomplishments thus far of a small but strong and dynamic board of directors and the volunteers and staff that support them. We are always open to constructive feedback, ideas and volunteer assistance and we appreciate the opportunity to serve Plano in this very special way.

Best regards,

Board of Directors
Plano African American Museum

============================================

NOTES:

• Mr. Nichols Letter (pdf)
• The Board of Directors of PAAM letter (word doc)
• The PAAM FY 2011 Grant request (personal data redacted by The Collin County Observer)(pdf)

Collin County's Budget Director, Monika Arris, told the Commissioners Court Monday that the final appraised values of all properties in the county was substantially higher than projected.

The result of the higher than expected valuations mean that property tax revenue is expected to decline by about 1.5% or $2.7 million. Earlier projections had led the court to expect a tax revenue shortfall in excess of $7.5 million.

Still missing from the revenue projections are the county's estimate of 2011 fines and fees. Fines and fees, along with investment income, interest and miscellaneous income account for about 40% of the budget and in recent years have trended down.

After hearing the latest estimates, several commissioners noted that the reduced tax shortfall, combined with the District Judges, Auditor and Purchasing Agent's suggestions for reducing the budget, have eased concerns of the county not being able to balance the FY 2011 budget without draconian cuts. They then voted 4-0 to lift the hiring freeze imposed earlier this year.

Bill

==============

The Dallas Morning News has published an article on the county budget and the certified tax roll. Ed Housewright's article does a good job comparing the county with a few of its cities. You can read the article here.

Bill

Non-profit group will operate Plano rec center

by DEBBIE DENMON
WFAA
July 26, 2010

PLANO — The Douglass Community Center in Plano will be run by the Boys & Girls Clubs of Collin County.

The Plano City Council Monday night voted to relinquish control of the rec center to save the city $508,000 a year.

African-American have expressed concern that the change could put an end to cultural and community events at the center — something that the Boys & Girls Clubs has said will not happen.

link to this article, video coverage and some great background links at WFAA Channel 8....

I'm on the TCEQ DFW mail list. Every summer, I get several warnings like the one below --

AIR POLLUTION WARNING - LEVEL ORANGE
OZONE is UNHEALTHY FOR SENSITIVE GROUPS in the Dallas-Ft. Worth Area Monday, July 26, 2010, 15:15 CDT

The Texas Commission on Environmental Quality (TCEQ) has issued a LEVEL ORANGE warning for the Dallas-Ft. Worth area. Ozone air pollution levels are rated as UNHEALTHY FOR SENSITIVE GROUPS based on measurements at the following monitoring site(s)...

Several years ago, the Council of Governments formed a Clean Air Committee made up of local officials, business leaders, and environmental activists. The committee was co-chaired by Dallas County Judge Margaret Keliher and Collin County Judge Ron Harris.

In 2006 the committee released its North Texas Clean Air Plan to put the region in compliance with then existing federal law.

The committee's plan relied in large part on the reduction of "Point Sources of NOx emissions", such as the Midlothian cement kilns and TXU coal fired generating plants. It also called for the adoption of California style auto emission standards. Claiming that the plan put too much of a burden on industrial polluters, the State of Texas refused to submit the DFW plan to the EPA.

Eventually, the TCEQ substituted its own plan, which it admitted would not meet EPA guidelines. In Jun, after years of negotiations, the EPA rejected the TCEQ plan, and the fight was on.

Last month, the EPA took over the permitting process for point sources from the TCEQ and denied an operating permit to the Garland Power and Light generating station in Collin County and to two other companies in Texas. Yesterday, the Texas Attorney General challenged the EPA, filing suit in the Federal Appeals Court in New Orleans.

None of these legal maneuverings keep the air in Collin County from remaining polluted for much of the summer.

In an effort to re-start the process of creating a new clean air plan, the North Central Texas Council of Governments is reconstituting the North Texas Clean Air Steering Committee.

Sadly, Dallas County, the largest stakeholder in the region, is embroiled with its own lack of faith in its County Judge and did appoint a member to the Committee.

During the May 10 Collin County Commissioners Court discussion on the appointment of a Collin County representative, Commissioner Jaynes nominated Keith Self to serve on the new committee. Jerry Hoagland seconded, saying that, "Clean Air is a big deal." The commissioners court then appointed Judge Keith Self, who seemed surprised at their decision. Self's obvious discomfort caused Matt Shaheen to dryly comment, "aw, you don't get to Arlington enough anyway".

After the vote appointing him, Self quipped, "You know what that's going to do to the COG - when I appear on the Clean Air Steering Committee?".

He's right. Self has in the past compared the NCTCOG to the Central Committee of the Soviet Union. He sees regionalism as a "slide into socialism".

But the simple fact is that Keith Self needs to be a part of any new plan. Collin County is too large to not be a part of any successful proposal. We're all going to have to find a way to get along or Washington will dictate what measures we will have to learn to live with in order to clean up our polluted air.

The first meeting of the 25 member North Texas Clean Air Steering Committee will be at the NCTCOG headquarters in Arlington at 10:00 AM on Thursday. It's role, according to its web page is:

"The North Texas Clean Air Steering Committee (NTCASC) is the regional air quality advisory body for the Dallas-Fort Worth area. The NTCASC is comprised of 25 members, including local city and county officials, environmental interest representatives, chamber of commerce representatives, and public/citizen education representatives. The committee’s main goal is to work collaboratively in making recommendations to the State on what regional air quality control strategies should be implemented to reach attainment of the National Ambient Air Quality Standards. This committee focuses on controlling air pollution from all origins including on-road, non-road, area, and point sources."

Meanwhile, if you live in Collin County, limit your outside activities tomorrow. We will likely be under a Level Orange air pollution warning.

Bill

From the David Rippel for Judge Facebook page: "David believes in strict enforcement of, and fair treatment of the law. A conservative judge that Collin County will be proud of."

However, campaign reports filed with the county show that newly appointed County Court at Law Judge David Rippel has been consistently in violation of state law in that every one of his ethics reports has been late, misleading, incomplete and/or inaccurate.

Failure to file a complete, accurate and on-time campaign finance report is a Class C misdemeanor, and could subject Judge Rippel to civil fines by The Texas Ethics Commission or a criminal fine by a Justice of the Peace court.

Failure to file a timely Personal Financial Statement is a Class B misdemeanor and could lead to jail time as well as a fine.

Under Texas Law, the County Clerk is required to notify the District Attorney of all late Personal Financial Statements. It is unclear if Ms. Kemp did so. In past administrations, the County Clerk has refused to file the list with the DA, saying that she did not want to get involved in what seemed to be political disputes.

Only one of the 5 required report was on time

Only the first report Judge Rippel submitted was on-time and that one was filed in the wrong office. County candidates are required to file their campaign finance reports with the Elections Office. Judge Rippel filed his papers at various locations, including the Elections Office, the County Clerk's Office, and the Texas Ethics Commission.

All the other required reports were anywhere from 5 days to over 5 months late. Before the Election, The Collin County Observer contact Mr. Rippel several times about missing reports. I repeatedly told him that the reports were supposed to be filed in the Elections office, but they had no record of them being received. In every case, he insisted they had been filed, and on one occasion offered to fax them to me. I sent him my fax number, but Rippel never sent them.

Also troubling is that two of the reports (the Personal Financial Statement and the July Semi-Annual report) were filed one day after The Observer emailed an Open Records Request to Stacy Kemp, the County Clerk. It sure looks as if the County Clerk's office warned him that I was snooping around looking for his missing reports.

Reports filed

Reports inaccurate and misleading

Judge Rippel's reports contain mistakes in arithmetic, but most importantly they fail to state who gave him over $8,900 of the $36,000 he reported as having spent. Failure to state the sources of campaign funds is a Class C misdemeanor punishable by criminal and civil fines.

Of the $27,344 he does report as having received, $21,794 was his own money, and $5,000 was from relatives in Louisiana. Only 2 contributions, totaling $550, were from donors not surnamed Rippel -- none were from Texas.

Almost all the $36,000 spent went to a Plano political consultant. Rippel's reports show he paid consultant Joseph G. Counter over $31,000.

Contributions and expenses reported by David Rippel
Reported totals

Time lapses in the reporting periods

Judge Rippel's reports fail to explain where and when he received almost $9,000 in contributions - about a third of all his expenditures. Were some of these contributions made in the weeks that he never reported? What, if any, expenses did he pay during those lost weeks?

Campaign finance laws are designed to require candidates to fully disclose all sources and uses of campaign funds. The candidate's duty to report begins the day he appoints a Campaign Treasurer.

Rippel appointed his treasurer on September 4, 2009, but his report states it begins reporting on September 22 - three weeks later. Other reports indicate missing and overlapping reporting periods. One report, the "Run-off report" seems to have never been filed. Open Records requests at the County Clerk's office and to the Elections office have failed to produce any Run-off report. Nor does a search at The Texas Ethics Commission website uncover any Run-off report.

Dates reported

A profound inability to comprehend or contempt of the law?

David Rippel was appointed by the County Commissioners court to fill the vacant Court at Law #4 bench after winning the Republican Party primary run-off in April. There is no Democrat running for this court.

His appointment is until December 31. On January 1, he will begin a four year elected term on the same court.

County courts at Law are known as "Statutory Courts". They are created by acts of the Legislature. They handle misdemeanor criminal cases, appeals from Justice of the Peace and municipal courts and lawsuits below $100,000. Court at Law judges have the power to sentence law breakers to county jail up to two years.

With this kind of authority comes a responsibility to respect and obey the law. On that test Judge Rippel appears to have failed miserably. His ethics forms reflect a man whose ethics are trumped by his ambition -- a judge who either doesn't care what the law, as it pertains to him, requires.

Once again, as in the case of Doug Reeves, the ethic filings indicate either a profound inability to understand the law or a contempt of that same law which governs us all.

Bill

Homeless shelter director says need must trump Plano residents' opposition

Saturday, July 24, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

There's no room at the Samaritan Inn.

Collin County's only homeless shelter has 130 beds but needs many more, said Director Lynne Sipiora.

With the economic downtown, the shelter must turn away people day after day.

"That's the worst part," Sipiora said. "It keeps me up at night."

The shelter's solution to overcrowding: Open a second facility in Plano.

But some Plano residents and business owners immediately assailed the Samaritan Inn's proposal, announced this month, for a larger shelter near 14th Street and Shiloh Road.

Opponents charge it would lower property values and increase crime.

"This is the last thing that the east side of Plano needs," one person commented online.

Sipiora expected the opposition but isn't backing down.

If the Plano City Council rejects a zoning change to allow the proposed shelter, the Samaritan Inn will look for another site in town because of the need, she said.

"As long as I'm around, we'll be looking to expand services," Sipiora said.

She rejects the assertion that the proposed shelter, to be built in phases over several years, would harm the largely commercial east Plano neighborhood.

She points to the Samaritan Inn's track record in McKinney?. It opened in a commercial area near State Highway 5 and U.S. Highway 380 in 1984 and hasn't driven up the crime rate, said McKinney? Deputy Police Chief Scott Brewer.

"These are folks who are just in hard times," he said. "They're grateful. They're not typically going to get out and partake in criminal activity."

'No frills'

The shelter operates out of a converted nursing home, with five wings extending like spokes from a central monitoring station. Two wings house families, one houses men, one women and one administrative offices.

Sipiora compares the shelter to a college dormitory in terms of sights, sounds and feel. Having visited, I agree.

Each room is identical, about 16 feet square, with four bunk beds, a sink and a toilet. Common showers are in each wing. Meals are served on long folding tables.

"No frills," she said.

True, but the shelter is a huge improvement for some residents.

One woman had been living with her three young children in a mini-warehouse unit.

"I can't imagine," Sipiora said.

Other residents have been sleeping on the street or in their cars.

"They arrive shell-shocked," Sipiora said. "We're the last resort."

The Samaritan Inn produced a searing video of interviews with residents, describing their journey. It's posted on the shelter's website, www.thesamaritaninn.org.

"I never thought in a million years I'd end up in a shelter," one woman said. "I have a college degree."

Rules enforced

The Samaritan Inn has strict rules for residents. Each must undergo a drug test and criminal background check, take mandatory classes on budgeting and parenting, meet twice weekly with a caseworker and look for a job during the day.

The average length of stay is about six months. Someone leaves, or "graduates," when they have a full-time job and have saved enough money to rent a place.

Sipiora said the proposed Plano shelter also would stress personal responsibility and push people toward self-sufficiency. It wouldn't be a place for the chronically homeless to crash for a few nights.

"I'm hoping it's a matter of education," she said. "I want to believe people will see the need and respond to it."

link to this article at The Dallas Morning News.....

Council to decide fate of Douglass Community Center

By Kim Williams / The Plano Star-Courier
July 25, 2010 10:28 AM CDT

Negotiations between the city of Plano and Boys and Girls Club of Collin County have been in the works for several months. The item in debate is whether or not the BGCCC will take over responsibility of the Douglass Community Center.

The final discussion and vote by the city council will be at 7 p.m. Monday.

The community center has been serving its members since the 1970s and is considered a pinnacle hub for bringing residents together with a variety of activities.

The city of Plano has been leasing the center from the Plano ISD and operating it since 1987. Budget deficiencies have resulted in a citywide effort to reduce expenses through a variety of means, which include service and job reductions and budget cuts.

In a memorandum from Director of Parks and Recreation Amy Fortenberry to City Manager Thomas Muehlenbeck, she explains why the city is considering other options in order to save the center.

"While the Douglass Community Center 'fits' our agency's values and vision, it is not economically viable in its current structure, our market position is weak, and alternate coverage in this neighborhood is high due to the presence of the Boys and Girls Club of Collin County in the same building and the close proximity to the Plano Senior Recreation Center."

The BGCCC moved into the center in 1997. The club pays 17.5 percent of the maintenance cost, which is usually around $20,000 per year in exchange for use of the property.

When the city approached BGCCC last fall in search of a solution to the declining budget, "They were ready to jump in and help any way they could," said Fortenberry about the BGCCC.

"We will lose our center, activities and director," said Dorothy Ellis, Douglass Community resident. This is a fear that many residents share with Ellis, and Tanya Greene, CEO of the BGCCC, is working on possible solutions to this problem with Fortenberry to hopefully make a peaceful transition if the change of operations is approved.

"I know we can take care of the community center and can provide the services wanted by the members," Greene said. "We've tried to stay out of the politics and tried to just focus on the community."

If the agreement is approved, the city will sign a 15-year contract with the BGCCC with two five-year renewal options. This will result in the daily operations of the community center being transferred to the BGCCC along with all operational expenses, saving Plano citizens $508,213 annually. The BGCCC will assume daily management of the building within 30 days from city council approval.

link to this article at The Plano Star-Courier....

The Wylie News has an item about Congressman Ralph Hall joining the Tea Party Caucus in the US House of Representatives.

It is an interesting strategic move by the soon to be 16 term Congressman. Often derided by GOP purists as an (un)reformed Democrat, the 86 year old Hall this year faced 4 primary opponents, 3 of them who loudly touted their affiliation with the Tea Party movement. One, who also was also named Hall, even called himself "Tea" on the ballot.

For Tea Party members who rail against the government establishment and who favor term limits, the inclusion of Hall, the senior member of the House, seems to be a real compromise of principles -- and by a group who defiantly eschew compromise.

The old saw, "Politics makes strange bed-fellows" still holds true in the Texas 4th Congressional District.

Bill

As aging baby boomers head to suburbs, Collin County to feel impact

Saturday, July 24, 2010
By JESSICA MEYERS / The Dallas Morning News

Tim Montgomery built his own retirement home.

In a land of McMansions, he limited his Celina house to one story. He widened bathroom doors to fit wheelchairs. He planned a spare bedroom for elderly parents. He designed his kitchen table to hold at least eight hungry grandchildren.

An Air Force vet turned teacher, the 54-year-old settled in Frisco a decade ago among other young working parents and their school-age children. Now these empty nesters and retired homeowners are uprooting the suburban stereotype.

Affordable living, jobs and a Sun Belt climate have made Texas one of the most attractive states for baby boomers. As America's "first suburban generation" ages, cities are scrambling to accommodate them.

Collin County will feel one of the greatest effects in the region, with its senior population more than doubling in the next decade. But the county – known for its youth rather than its elderly – already struggles with transportation, health care and affordable housing for its seniors. Cities that fail to reshuffle priorities, experts say, face strapped social services, budget pitfalls, disgruntled residents and tarnished images.

"For the most part, communities are not planning as well as they should be," said Doni Van Ryswyk, aging program manager at the North Central Texas Council of Governments' Area Agency on Aging. "There's a whole host of challenges in terms of infrastructure, livable communities and adequate transportation providers for people who are no longer able to drive.

"Even though Collin and Denton counties are relatively wealthy, there are portions that are already designated health professional shortages. That's only going to get worse as the population ages."

Unlike their Florida-bound parents, this generation doesn't want to move. Many deal with their own graying relatives and plan to work for years to come. Demographers have coined a term for this behavior: aging in place.

"[Leaving] would take me away from sons and grandsons," said 63-year-old Susie Reukema, a social worker who moved to Plano from Wisconsin three decades ago. "And at this point in life, family is a very big plus in the community."

Texas a hot spot

Such communities developed in Texas faster than anywhere else this decade. The Austin suburbs saw the highest growth rate in people 45 and older from 2000 to 2008, according to a recent Brookings report on the state of metropolitan America. The suburbs of three other Texas cities made the top 10, including Dallas'.

"Texas is a peek at the future of the suburbs," said William Frey, who wrote the report's section on aging. Most senior growth in the coming years will take place in bedroom communities, he said. Young minority and immigrant families may help offset the state's graying suburbs, but that won't happen for years to come.

Baby boomers, Frey said, "are people who are going to need social services at various times, and if it doesn't happen it will spill over to the image of the suburbs and quality of life."

He said, "One thing about the baby boomers and elderly is that they vote in large numbers and make their views known very loudly."

The number of Collin County residents 60 and older will increase by 118 percent between 2011 and 2020, estimates the Texas Health and Human Services Commission. Dallas County's will move up 25 percent.

Plano already sees this shift in wait lists for subsidized senior housing and complaints about limited Medicaid providers. With a visibly aging population, it has taken the most focused approach to the impending growth. Officials charted a plan three years ago to provide taxi vouchers for senior citizens and match them with requested services.

"We were looking at it in the context of Plano in a period of transition," said Kate Perry, the city's senior planner. "It used to be the city had only families and young children. That changed and continues to change, and a major component is seniors."

Much of the region has yet to catch up, said Lee Stark, transportation services director at the Geriatric Wellness Center of Collin County. "Folks at the county level are really more concerned with addressing the needs of a growing county," he said.

Developing communities like Frisco and Allen have made some provisions for seniors, Stark said, but affordable housing and convenient transportation remain less of a priority.

John Lettelleir, Frisco's director of development services, said the city has anticipated its aging boomers. Frisco's senior center is in walking distance of the downtown square, near residences and restaurants.

"It wasn't big until two years ago, and then people started to panic," he said about the aging boomers. "Now it's happening and we have to do something about it."

Lettelleir said city officials want to update zoning ordinances to allow for flexibility in housing developments. This way, he said, empty nesters can relocate to apartments down the block or grandparents can settle in duplexes up the street.

But wary developers make such transitions challenging, he said. "They say, 'Change is good. You first.' "

Revamping services

Most cities realize they must address this shift, said Karen Walz, project manager for Vision North Texas, a public-private partnership that plans for the region's future. They're talking about mixed-use developments or revitalizing areas so they're in walking distance of amenities. They're considering transit options and weighing housing costs.

"Right now there isn't a regionwide plan to say 'how are we going to deal with that,' but a recognition that cities need to be thinking differently," she said.

They need to do it quickly.

read the rest of this article at The Dallas Morning News....

Editorial: Tollway agency works to restore confidence

Friday, July 23, 2010
The Dallas Morning News Editorial Board

The North Texas Tollway Authority made the right decision by ignoring high-dollar bait dangled its way to choose a Collin County route for a future stretch of the Dallas North Tollway.

Property owners near the new roadway will make a bundle after it's built, and the city of Celina wanted the super-heated development inside its boundaries. No problem with that. Celina made the novel pledge that NTTA could have the future bounty of the higher property taxes. No problem with creative thinking, except for where it might lead.

Had the NTTA jumped at the money, it might have opened the door to an era of transportation planning by municipal bidding war. Those kinds of cash inducements may be in our future someday as road money dries up, but the rules aren't in place nor the consequences fully thought out yet.

The bigger problem with the proposed Celina route was that it would have further insulted a one-time compact made between Collin and Denton counties to run the future road segment up their common border. The deal was reached in 2005, but Collin County reneged three years later in a snit about dividing toll revenue. Collin County formed its own, rival tollway authority and vowed not to let money get away.

The decisive 7-1 vote by NTTA to honor the county-line route is a statement about regionalism. Just as the region's major highways serve a wide swath of commuters and travelers, the benefits should be measured out fairly as well...

read the rest of this editorial at The Dallas Morning News.....

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The Observer comments:

The Dallas Morning News' Trailblazers Blog has a post, "Tarrant County Judge Glen Whitley was honored as County Leader of the Year by Penton's American City and County magazine. He was presented the distinction at the National Association of Counties annual conference in Reno, Nevada."

The post goes on to say that, "Whitley was praised for building consensus on transportation projects and other North Texas issues in a cover story for the magazine's July 2010 issue."

Trailblazers quotes from the magazine article, "Whitley's ability to bring together diverse groups to resolve issues is the hallmark of his leadership style, sorting out the issues, listening to all points of view, yet insisting, in the end, that a solution must be identified and rallied around".

I don't think that Collin County Judge Keith Self was in the running for an award for regionalism.

That's too bad.

Bill

The NTTA Board of Directors voted today to approve the alignment of the future Phase 4B and Phase 5 segments of the Dallas North Tollway on the original agreed route along the Denton/Collin County line. The decision was a defeat for Keith Self and the City of Celina,

NTTA approved the middle (yellow - red route) Click image for larger map.

Both Self and Celina had lobbied the NTTA Board and the Regional Transportation Council for the eastern alignment through Celina. In the end however only one NTTA board member, Bill Moore, a recent Collin County appointee, voted for the eastern alignment.

Most on the RTC and the NTTA see the vote as a victory for the region and for a regional approach to meeting the area's transportation needs. Self and the Collin County Commissioners Court are increasing being seen as provincial mavericks - unwilling to compromise for the sake of the entire region.

The tale started back in 2005 when Both Denton and Collin counties agreed to a county line alignment for the future tollway extension. In 2008, Collin County rescinded their agreement - partly in frustration over the allocation of the SH 121 revenue sharing scheme and partially to gain the anticipated tax base that would occur on both sides of the new toll road.

Collin County commissioners then formed the Collin County Toll Road Authority, partially in an attempt to take over the planning and construction of the future extension of the DNT.

The NTTA and its Chairman (Collin County's own Paul Wageman) strenuously objected to what they characterized as a hi-jacking of NTTA property.

The NTTA scared the heck out of the commissioners court when it became apparent that NTTA had powerful friends and influence in the Texas Legislature, especially in the Senate Transportation Committee. The Chairman of the Senate Committee warned Collin County's Keith Self that, "I don't think Collin County plays nice lately. I don't think they have a regional concern, but only for provincial Collin County"., "Bad things happen if you don't play nice". Faced with the legislative threat to remove all authority from the Collin County Toll Road Authority, the commissioners court backed down and conceded the DNT extension to the NTTA.

As recently as this March Senator Carona warned that, "Once again, Collin County elected officials are thumbing their noses at regionalism as they futilely attempt to seize control of the latest Dallas Tollway extension. It's a short-sighted move surely to incur the wrath of most North Texas leaders. Judge Self has been cautioned previously against this type of predatory behavior and appears eager for yet another bruising by his neighbors."

But a couple of weeks ago, Keith Self ratcheted up the rhetoric again with an email he posted on his blog. In his email, Self brought up the old complaints about the RTC's allocation of SH 121 tolls. Most experts in the region and members of the RTC saw Self's email as being loaded with half-truths and misrepresentations.

No one I talked to ever believed the NTTA board would approve the eastern alignment. Rather, the question today was whether the NTTA board would take revenge on Collin County and Self by moving the DNT extension completely out of Collin County.

Thankfully, the NTTA board did the right thing. They took the regional approach and approved the long standing agreed upon alignment along the county line.

Judge Self could learn from their example.

The Phase 4B and 5 extensions are many years away from being completed. Current guesses range from 10 to 20 years before construction will begin.

Meanwhile, the political landscape for transportation and especially the NTTA is about to change. Chairman Paul Wageman will retire at the end of the year, and the Collin County Commissioners will be appointing his replacement.

Also John Carona, last sessions' mercurial chair of the Senate Transportation Committee, will no longer be on the Committee. Press reports say that he was frustrated at the lack of will by the State Legislature to raise the money needed to address the mobility needs of the State.

Bill

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NTTA rejects Collin bid to move future DNT to the east

Michael Lindenberger / The Dallas Morning News Transportation Blog

The North Texas Tollway Authority rejected a bid by Collin County and Celina city leaders to move the northernmost future segments of the Dallas North Tollway to the east, and entirely within Collin County.

The board voted 7-1 this morning to formally endorse a route that will run the DNT along a path that will essentially track the county line between Collin and Denton counties. Chairman Paul Wageman, a Collin County appointee, did not vote, explaining that his law firm represents a property owner along another segment of the DNT. Board member Bill Moore of Collin County voted against.

That route had been endorsed by both counties in 2005, but Collin County changed its mind in 2008, in part because of frustration over how the Regional Transportation Council voted to split up the $3.2 billion advance payment the NTTA made to win the SH 121 toll contract. Collin County Judge Keith Self has said Collin County should have received larger portion of the payment.

The Collin County plan was novel in that it included a proposal by the tiny city of Celina, whose leaders promised that it would give NTTA every penny of property taxes it received as a result of the DNT -- an offer it said would be worth well over $220 million over the first 40 years after the road is built.

Celina city manager Jason Gray said The proposal could be a model for how cities across North Texas could use property taxes to help offset NTTA's costs. The real value of that promise however was questioned by some board members, who noted that the prospect of money decades into the future would mean little to lenders who would finance the nearly $1 billion the DNT is expected to cost.

No matter where the road is built, construction isn't expected to begin for at least a decade and perhaps in the words of one top NTTA official a generation.

Denton County Judge Mary Horn said the county line route represented a compromise that deserved to be supported. The county also noted it had secured agreements with property owners to donate 95 percent of the right of way needed for the county line route.

In addition, Denton County voters have already agreed to use $20 million to help NTTA build footage roads, and another $1.5 million for design -- dollars available now.

link to this article at The Dallas Morning News Transportation Blog....

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Horn: Toll route good
Road extension to follow line between counties

Thursday, July 22, 2010
By BJ Lewis / The Denton Record-Chronicle

Denton County leaders said Wednesday the region won when the North Texas Tollway Authority chose to extend the Dallas North Tollway along the Denton-Collin county line rather than entirely in Collin County.

“This is a good regional solution — good for Denton and Collin County, Pilot Point and Celina,” said Denton County Judge Mary Horn. “Perhaps at this time Collin County isn’t looking at it like that, but I hope they will. We have worked well in the past and hope we will in the future.”

Construction on the extension isn’t expected to begin for at least a decade.

Both counties had endorsed the route along the county line in 2005, but Collin County officials changed their minds in 2008, in part because of frustration over how the Regional Transportation Council voted to split up the $3.2 billion advance payment the tollway authority made to win the State Highway 121 toll contract.

Collin County Judge Keith Self has said Collin County should have received a larger portion of the payment.

The Collin County plan included a proposal by Celina, whose leaders promised that it would give the tollway authority every penny of property taxes it received as a result of the Dallas North Tollway — an offer it said would be worth more than $220 million over the first 40 years after the road is built.

Horn and some board members questioned the real value of that promise.

Denton County voters have agreed to use $20 million to help the tollway authority build frontage roads, and another $1.5 million for design — dollars available now.

“It’s very speculative, whereas Denton County, upon the advice of our transportation consultant, had the foresight to put $20 million in our bond election to do the frontage roads,” Horn said after the meeting. “A million and a half that we got for the design phase, … that’s money that is available today; that’s not speculative.”

Another issue was the flood plain in the northern part of both counties. Taking the eastern route would mean five more bridges, Horn said. The county line route would require only two.

Commissioner Hugh Coleman said the tollway authority made a good decision in selecting the county line route.

“The tolls are paid for on those roads by everyone in the region,” he said. “Having it along the county line benefits both counties.”

Coleman said his lingering concern is that a good portion of the toll road would run through special taxing districts that were set up for future development.

“In those districts, we need to solve the problem of providing police and fire [service],” he said. “We’re going to work with Pilot Point on a remedy.”

Coleman said the tollway authority took a well-reasoned approach that gave all parties an opportunity to speak.

“Overall, the best decision was to have it on the county line,” he said.

Michael Lindenberger of The Dallas Morning News contributed to this report.

link to this article at The Denton Record-Chronicle....

To the surprise of no one, the McKinney City council voted today to demolish the old county courthouse on McDonald St.

The sale and proposed destruction of the old courthouse has not been without its share of well-deserved controversy. In 2006, at the time of the sale, Commissioner Jerry Hoagland vigorously opposed selling the old courthouse for what amounted to a fire sale price of $8 million. However he lost that argument because the other commissioners believed the City of McKinney when they said they needed the floor space as they were outgrowing their old city hall facility. The plan was that the city would renovate for an inexpensive move-in.

They never mentioned tearing the building down until after the title was transferred.

The Texas Historical Commission also objected to the sale and destruction. The Historical Commission characterized the old 6 story cube as a, "good example of a modern form of architecture known as Brutalism which is gaining notoriety and appreciation among architects and historic preservationists."

A year ago, citing a law that required state permission before a county courthouse could be sold, the Historical Commission fined Collin County $1,000 for violating the law on preserving old courthouses.

Bill

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Council votes to demolish courthouse
July 21, 2010
Ed Housewright / The Dallas Morning News McKinney Blog

The vote was anti-climatic, but the McKinney City Council has made it official:
The old Collin County courthouse on McDonald Street will be demolished.

Council members have discussed the fate of the six-story building near the square since the city bought it from the county in 2006.

In recent months, council members have leaned toward demolishing it.

But they delayed the vote while the University of North Texas decided whether to acquire the 31-year-old building.

Recently, UNT decided it couldn't use the courthouse, said McKinney Deputy City Manager Rick Chaffin.

"I think it's time to clean up the site and begin to think about what we might do with it in the future," City Council member David Brooks said.

The council set no timetable for demolition.

The Texas Historical Commission fought unsuccessfully to save the courthouse, calling it an example of Brutalism, an architectural style common in the 1970s.

link to this article at the Dallas Morning News' McKinney? Blog...

Last week, the District Judges, the County Auditor and the Purchasing agent presented 10 proposals to lower the fiscal year 2011 budget.

Proposal #3 was:

"Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county. Savings: $500,000."

Some members of the Commissioners Court noted that the next elected District Attorney would have to agree with the idea before the court could act on it. So The Collin County Observer asked Greg Willis, the Republican nominee and Ralph de la Garza, the Democratic nominee their position.

Specifically we asked both candidates:

"If elected, would you be willing to serve as the County’s attorney in civil matters? Would you support the concept of moving routine county legal business “in house”?"

I am pleased that both candidates replied with thoughtful comments. Below are their complete and unedited responses. (in alphabetical order)

Rafael de la Garza II, Democratic nominee for Collin County Criminal District Attorney --

"Last week, you posed a question "if elected, would you be willing to serve as the County's Attorney in Civil matter"? "Would you support the concept of moving routine legal business in house"?

"To both questions, the answer is Yes.

"We need to keep up with the times and it is now time to have a real Civil Division in the Collin County D.A.'s office to handle Advisory opinions, Tort Claims, "1983" issues, Asset Forfeiture and Bond Forfeiture issues. Collin County D.A.'s office would need at a minimum of two attorneys and one support staff. This could save the County as much as $500k per year. However, from time to time, outside counsel may still be needed to handle complex cases for which we do not have the expertize and areas where we have a conflict."

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Greg Willis, Republican nominee for Collin County Criminal District Attorney --

"Generally speaking, yes to both questions.

"A couple of reasons come to mind. First, Texas law provides that the DA represent the county in court as well as render advice to county officials upon request. Second, it could potentially save taxpayer money.

"As to the first reason, Texas law requires that “the criminal district attorney of Collin County . . . . [s]hall represent the state in all criminal and civil cases in the courts in the county unless otherwise provided by law.” Tex. Gov’t Code 44.143(a). The law also vests the criminal district attorney with “all the powers, duties, and privileges in Collin County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.” Tex. Gov’t Code 44.143(b). One such duty: “A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.” Tex. Gov’t Code 41.007.

"Texas law also sets out instances where the DA is to represent county officials and employees if they get sued by an entity other than the county. Tex. Local Gov’t Code 157.901(a) provides that any county official or employee sued for an action arising from the performance of a public duty is entitled to be represented by the district attorney or county attorney. Naturally, if an official or employee who is eligible to be provided legal counsel under Subsection (a) is accused of an act that may form the basis of a criminal charge against the official or employee, then under 157.901(b) that official or employee would be entitled to have the commissioners court employ and pay for private counsel and the District Attorney's office would not be representing such individual.

"As to the second reason, the concept is attractive. But because I’m not currently privy to all the matters for which the commissioners have hired outside counsel, I’m not in a position to guarantee any savings. The commissioners, as stewards of our taxpayer dollars, need top-flight legal advice. Sound advice, well-heeded, should save substantial taxpayer dollars over the long haul. To render timely and wise advice to any county official, I believe we would need to hire bright, experienced lawyers well-versed in governmental civil matters. So I’m hopeful we could realize savings for the taxpayer but I can’t be sure until I know exactly what matters the county has before it."

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Bill

It's a truism that running for office is expensive and getting more expensive every year. Sure media and printing costs cost more money, and postage costs seem to increase every time you send out mail. But the real issue behind the inflation in campaigns are two fold.

One more folks are willing to spend more and more of their own money to get elected. Unless we are willing to concede public office only to those who can afford it, then other candidates must try to raise ever increasing sums to keep up.

Also as campaigns and the issues become more polarized, they attract out of town money. It's not unusual for a candidate in Collin County to run a campaign costing thousands of dollars, most of which was raised out of county. But on the whole local campaigns are still affordable to anyone with a political base who is willing to raise the needed funds.

For example, in the hotly contested primary battle for County Commissioner in Precinct 2, the winner Cheryl Williams spent about $67,000 while Jerry Hoagland spent $76,000. The difference is that Hoagland's campaign was financed by contributions, while Williams' campaign still owes her the $50,000 she loaned the campaign.

The County Judge's primary race cost challenger John Muns over $204,000 of which $80,000 was in loans to himself, while Keith Self spent $114,000 -- all donated.

These numbers, as large as they may seem to a potential candidate, are dwarfed in the race for State Legislature. Seats on the legislature have become very, very expensive.

The press has written much about Van Taylor and his $1.04 million primary race. Very little of that million was raised in-district. $950,000 of it was his own money, and much of the rest was from out of town donors. Mabrie Jackson too, lent herself $80,000 out of the $362,000 she spent trying to defeat Mr. Taylor's money.

While the District 66 Million Dollar Race has garnered the most media attention, it is the other legislative races that have brought in the big, outside dollars.

Unopposed Legislators

What other legislative races? The unopposed ones.

The war chests of our incumbant legislators are both bloated and stunning in their scope. It is ironic that thee legislators, whose pay is a measly $7,200 a year can amass campaign dollars in the hundreds of thousands, even though they are unopposed in both the primary and general elections.

A look at their campaign finance reports over time proves the fact that these large sums were not raised by loyal in-district constituents. On the contrary, these huge campaign war chests represent the donations from PACs, special interest lobby groups and rich out of town contributors.

Rep. Ken Paxton owns the largest campaign war chest -- over $679,000. Over the last six months, he has added over $35,000 to his campaign, including a $4,000 gift from the AT&T PAC, $1,000 from an Irving, Tx contributor, $5,000 from a Richardson real estate broker, $1,000 from the Tenet Healthcare PAC, $1,000 from the Texas Petroleum Marketers and Convenience Store PAC, $3,000 from Unity Resources, and $5,000 and $1,000 from in-district constituents.

During the first half of the year, he raised over $122,000. The big contributors were once again mostly out of towners and Corporate PACs.

Rep. Paxton is certainly not the only state representative to rely on outside interests to fund his campaign account. Without exception, all the large war chests I examined were funded in a similar manner.

These state legislators campaign war chests even dwarf all but one local Congressional accounts. Federal records show that while Rep. Sam Johnson (who is unopposed) has amassed over $600,000 in campaign dollars, Ralph Hall (who did face primary opposition) has less than $25,000 on hand. Sen. John Cornyn has only about $18,000 on hand.

Some critics of Texas' system for campaign contributions argue that our system, in effect, offers up seats in the Legislature to the highest bidder. If so, our Collin County Reps should feel secure in knowing that thanks to their friendly PACs, they have the means to out bid all but the most determined millionaire candidate.

Bill

Anna officials say liquor sales have boosted revenue

July 17, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Anna is a one-stoplight town whose main drag features a feed store, a trailer park and The Malt Shop, a drive-in that looks unchanged from the 1950s.

Stereotypical small town? Yes, except for a little place called Coyote Liquor Den.

Anna – population 8,250 – is the only place in Collin County to allow liquor stores. And five years after the contentious election that let them in, Anna remains small and still miles from the suburbia creeping north, a laboratory of sorts for examining the effects of liquor sales on a community.

"I can't think of a situation that would be better," said Scott Testa, a business professor at Cabrini College in Philadelphia, who has studied alcohol trends. "No data collection is pure, but Anna has fewer factors that could skew the data."

Testa notes that arguments over alcohol sales center on the economic benefit vs. the perceived social harm. That's not lost on folks in Anna, which now has four liquor stores but not a single 7-Eleven or Starbucks.

"I still don't like to see liquor and beer signs around town," said Buddy Hayes, a 50-year resident and president of Texas Star Bank. "But sales have been excellent. I certainly appreciate what they've done for the city."

How communities fare with expanded alcohol sales is getting new attention because of elections this fall in Dallas and University Park to eliminate "dry" areas.

Anna's sales tax revenue has more than doubled since liquor stores were approved by just 19 votes. In 2005 Anna received $353,781, according to the state comptroller. In 2009, that number had swelled to $767,497 – an increase of 117 percent. That increase far exceeds Anna's 63 percent population growth during the same period.

Liquor store owners and managers in Anna were reluctant to discuss sales, except to say business was good. State and city officials don't break down sales taxes by product, so it's hard to measure liquor's exact impact. In recent years, a number of businesses – including a supermarket, an auto parts store and restaurants – have opened.

But the liquor stores have played a major role in padding city coffers, said Mayor Darren Driskell. "The sales tax dollars have been a huge boon for the city."

New parks

The windfall has helped build two parks, Natural Springs and Slayter Creek, and buy land for more, City Manager Philip Sanders said. It's allowed the town to expand its police presence from a single officer to a force of 11, open a new police station and reconstruct older streets, he said.

Meanwhile, officials say, the forecast ills of liquor stores haven't materialized.

The Collin County Substance Abuse Program assesses and refers juveniles and adults who have drug and drinking problems, said its director, Tommy Blakeman. Many are referred by courts.

Blakeman said he hadn't noticed any increase in alcoholism or alcohol-related crimes since the Anna liquor stores opened. He said he frequently gives community presentations and hasn't heard people lament the vote.

Police Chief Kenny Jenks said driving while intoxicated and other alcohol-related crimes haven't increased. Sexually oriented businesses haven't arrived. And, officials say, the liquor stores haven't caused the surrounding neighborhoods to deteriorate.

"Some of the nicest stores in town are the liquor stores," say Hayes, the banker. "And it's clean all around them."But while many Anna leaders laud the liquor stores, former City Council member Billy Deragon has a more skeptical view.

He worries about the effect on Anna's image of having Collin County's only liquor stores. Three of the four – Anna Liquor, Fossil Creek Liquor and Goody Goody – sit visibly on U.S. Highway 75 at the town's only exit.

"I still feel it's a negative that the first thing people see when they come into Anna is liquor stores," Deragon said. "Someone could say sexually oriented businesses are economic development. It's a question of where do you draw the line."

Emotional issue

In Dallas, where voters will decide in November whether to eliminate areas that don't allow beer and wine sales, groups on both sides have sparred vigorously. However the arguments have primarily involved the accuracy of economic projections, not whether crime will increase.

Alcohol elections invariably stir strong emotions, said Testa, who has consulted for liquor companies.

He said research doesn't support the claim that greater availability of alcohol leads to higher crime.

"Certainly, there are cases where people with substance abuse problems commit crimes," he said. "To say it doesn't happen would be absolutely false. But those are relatively low. Even in towns that are dry, you still have those issues."

Another expert, however, cautions that alcohol sales affect communities differently and can produce negative results.

Traci Toomey heads the University of Minnesota's Alcohol Epidemiology Program, which researches ways to reduce social and health problems associated with drinking.

"Quite a few studies have looked at the density of alcohol establishments and various types of health and crime outcomes," Toomey said. "The preponderance of research evidence does suggest [that] as we increase the number of alcohol establishments in a given neighborhood, we see an increase in a wide range of problems.

"Some have shown violence, some higher levels of sexually transmitted diseases and some more traffic crashes, although I think the evidence is a little more mixed."

Rick Ballard, executive director of the Collin Baptist Association, said he hasn't heard of specific problems arising from Anna's liquor sales.

But he said the wider availability of alcohol can have insidious effects. For instance, underage drinking can increase and excessive drinking by adults can strain families, he said. "You can't necessarily put a statistic on it, but there are enough ills and damage to the family that you don't really want it around you."

'The citizens spoke'

Liquor sales didn't arrive in Collin County without a fight. A 2003 ballot proposal in Anna failed by a wide margin. The 2005 measure, to allow retail sales of all kinds of alcoholic beverages, passed with 51.5 percent of the vote.

Dan Lovitt, who led the petition drive to call the first election, said he was surprised by the strident opposition. Opponents circulated fliers that said DWI arrests would soar and strip clubs would arrive if voters approve liquor sales.

"I was amazed," said Lovitt. "It really opened my eyes to what politics can be like. I guess I went in kind of naïve."

Voters have rejected liquor sales in the Collin County towns of Fairview, Lowry Crossing, Melissa and St. Paul.

Ballot proposals for sales of beer and wine have fared much better. In the past decade, voters in Allen , Frisco and McKinney? have approved the sale of beer and wine at grocery and convenience stores. Parts of Plano have allowed beer and wine sales since 1977.

Deragon, the former Anna City Council member, said he felt so strongly about the problems liquor stores pose for Anna that he led a petition drive in 2007 to overturn the 2005 election.

But the subsequent election revealed a far different mood among voters.

With almost twice the turnout, more than 77 percent voted to keep the sale of beer, wine and liquor. Deragon said he has given up on efforts to rid Anna of alcohol.

"The citizens spoke," he said.

Link to this article at The Dallas Morning News....

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The Observer comments:

The voters in Frisco also spoke, but that hasn't prevented the City of Frisco from spending almost a million taxpayer dollars to purchase land to try to block the election's outcome and thousands more dollars in legal attempts to use the courts to circumvent the will of those same tax payers.

Bill

The Collin County Observer believes that informed voters can be empowered to make better choices at the polls.

Federal and state laws require that all candidates file periodic reports detailing their campaign contributors and expenses. However it is nearly impossible for the average voter to navigate the myriad of regulations so that they can find and research the candidates' disclosures.

Federal campaign finance reports are filed with the Federal Elections Commission. The reports filed by congressional, senate and presidential candidates can be found here.

State reports are filed with the Texas Ethics Commission. State filers include candidates for Governor, Executive statewide offices, State House, State Senate and District Judges. These reports are also posted online and can be found here.

Searching for financial information for local candidates can be daunting. Most jurisdictions do not post campaign finance reports online. Citizens must take the time and expense to request the reports from city secretaries, school districts, and other taxing entities. Unfortunately, other than for county offices, it is beyond the resources of The Observer to try to post all these local filings.

Candidates and officeholders for Collin County offices are also local filers. They file with the Collin County Elections Department. While the county has told me they have plans to post these reports, as of now, they are still held in filing cabinets at the Elections Department.

The Collin County Observer has once again filed an Open Records request for all campaign finance reports due to the county. We have posted all county and state July, 2010 Semi-Annual Reports here. It is our hope that our readers will avail themselves of the opportunity to research these reports and learn more about the candidates who seek their support.

Bill

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NOTES:

2010 Local County and selected State campaign finance reports.

It's been over 5 years since former Marine Ronnie Foster got together with some friends and a McKinney City Council member to come up with a plan to design and build a memorial to those local servicemen and women who gave their lives for our nation.

On Monday, the Collin County Commissioners Court approved a $300,000 grant for the Memorial Park. Those funds when added to what had already been donated by the City of McKinney and many other donors, represented the final sum needed to finance the $1.3 million memorial.

The memorial, located on a quarter acre site in Town Center at Craig Ranch will feature an American flag that will be lighted and will fly 24-hours a day, as well as a fountain. The names of the Collin County fallen will be listed on the walls in that area. A ribbon-like walkway will extend from one end to the other. On the east end, a Shumard Red Oak tree will be planted and dedicated to each branch of the Armed Forces.

According to Mr. Foster, ground breaking on the Collin County Veterans Memorial Park in McKinney could begin in October or November.

Photos and plans for the memorial can be seen on Mr. Foster's Collin County Freedom Fighters website.

Bill

Plano weighs plan to build long-term homeless housing facility

Thursday, July 15, 2010
By THEODORE KIM / The Dallas Morning News

Faced with a homeless population that has grown amid the recession, Plano is weighing a plan to build a large, first-of-its-kind campus to house indigent families.

The proposal, put forward by the Samaritan Inn of McKinney, is thought to be the largest facility of its kind in North Texas.

It would differ from other homeless shelters in that families would, for the most part, live there full-time for months and receive job and other support.

The Samaritan Inn, Collin County’s only homeless shelter, follows a similar model. But the six-acre Plano complex would offer more amenities, have a link to DART buses and house some 80 families at one time — more than twice the Inn’s capacity.

“This has long been needed in Collin County,” said Jim Malatich, the Samaritan Inn’s director of operations. “We’re excited about the project.”

Civic leaders say the $3.8 million endeavor, which has advanced quietly until now, is critical at a time when poverty is on the rise, even in affluent Collin County.

But controversy is already brewing over the project’s location, scope and possible impact on Plano, particularly the community’s poorer eastern side.

The Inn has proposed a site in an eastside technology district that the city formed years ago to attract the kinds of Fortune 500 companies that dot Plano’s affluent western side.

“A lot of us have put years of service into revitalization efforts,” said Katherine Brewer, who owns a mapping company near the proposed campus. “I see all of the hard work to turn around all of east Plano going down the drain.”

City Hall also is considering the unusual step of giving the project $700,000 in federal grant monies, with the Samaritan Inn repaying the city the interest it would have earned on that amount.

Organizers filed paperwork for the complex late last week, but discussions with the city began in the spring, project officials said.

Plano Mayor Phil Dyer said the city has not yet decided whether to approve the loan or zoning changes required. But project officials say they expect a final City Council vote sometime in September.

Social services advocates have long pushed for additional facilities for the homeless somewhere in Collin County. Despite its vast and growing population of 800,000 people, Collin has few housing options for the indigent.

In Plano, the number of families living on incomes of less than $25,000 has grown some 18 percent since 1999. That growth has intensified during the recession.

Plano City Council member Harry LaRosiliere said the facility “speaks to the reality of what’s going on in America, Texas and Plano.”

“The economic conditions that many people are facing are real. For us to ignore it would be a disservice to those experiencing those difficulties. Whether we do something or not, they are there.”

link to article and map at The Dallas Morning News....

This year Collin County, like almost all governments in the country, is facing a budget shortfall caused by declining property values and reduced income from interest, fines and other sources.

However, most agree that our county is far better off financially than most other cities, schools and counties. For one thing, property values have not fallen that much here - in fact due to reduced valuations, the typical Collin County homeowner will only see a $5.03 reduction in next year's county tax bill.

Also, the county is sitting on a huge financial reserve of over $125 million. These reserves are sufficient to fully fund the county's operations for over 200 days.

The latest figures given by the budget office show a potential shortfall somewhere between $1.2 million and $7.5 million out of an approximate $200 million budget.

Commissioner Jaynes has argued that no such drastic actions need be taken - that careful budgeting and some use of the surplus $125 million will more than insulate the county from a shortfall, while protecting public services.

But some on the Commissioners Court, believe that the county needs a dramatic cut back in expenses - and they would start with employee insurance and other benefits. Judge Keith Self and Commissioner Matt Shaheen have been leading the effort to review all benefits with the goal of reducing the county's future liabilities. (Collin County is self insured.)

Commissioner Jerry Hoagland also wants to look at the employees insurance package. At Monday evening's budget discussion, Referring to spousal and child coverage, Hoagland with his usual tactless style made an issue over the fact that Collin County taxpayers were subsidizing insurance for lots of people who, in his words, "don't even work for the county".

Joe Jaynes dryly remarked that he wasn't about to vote to kill insurance for kids.

(I will note that Mr. Hoagland is not advocating cutting benefits for retirees. Since he is retiring at the end of the year, and since his wife has already retired from county employment, the county's many retirees can rest assured that Jerry will protect their insurance package.)

Another budget item proposed for cutting is the employee "pay for performance" increases. Commissioners Jaynes, Hoagland and Ward want to protect the pay for performance program and allot a minimal (perhaps 1.5%) increase, while Self and Shaheen have indicated they are opposed to any employee raises this year.

A couple of months ago, Judge Self requested that a memo be sent to all departments asking them to not only submit "zero growth" budgets, but to also identify where cuts could be made. Joe Jaynes objected, instead he proposed that the employees themselves be given an opportunity to identify potential savings in expenses.

Both Self and Jaynes sent out their memos.

Monday night, the county's District Judges replied to Commissioner Jaynes request for suggestions. The judges, who to the best of my knowledge have never involved themselves in the county's operational budget (except as it applies to the courts) asked County Auditor Jeff May, and County Purchasing Agent Frank Ybarbo to present their plan to reduce spending by over $15 million next year, without cutting salaries, benefits, positions or services.

The County Auditor and the Purchasing Agent are hired by and report to the Judges and not the Commissioners Court.

Joe Jaynes, in his County Line newsletter lists the saving that the Judges and their staff came up with:

1. "Change the Budget Procedure for Contingencies - As of now we budget $6.6 million for this line item. The recommendation is to budget only $1 million and use our rainy day fund for other contingencies.
   Savings: $5.6 million.

2. Reduce Maintenance Contract Budgets-Our FY2010 adopted budget for maintenance was $5.46 million. However, actual expenditures in FY2009 was $2.9 million and FY2008 was $2.6 million. Our Auditor recommends that we can trim this by $2.2 million and still have a healthy line item to address any maintenance issues.
   Savings: $2.2 million.

3. Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county.
   Savings: $500,000

4. Reduce Various Miscellaneous Accounts: Examples would be to reduce our consultant expenses, eliminate pamphlets and reduce the temporary worker salary line item. These are areas where, in most years, the funds budgeted are not fully spent.
   Savings: $1.1 million

5. Restructure Capital Replacement Budgeting: In FY2010 the Capital Replacement line item (furniture, etc.) is $625,000; actual expenditures in FY 2009 was $71,000 and FY 2008 was $236,000. We have a new courthouse and, thus, new furniture so this line item can be reduced.
   Savings: $600,000

6. Reallocate Road and Bridge Tax Revenue: Our Road and Bridge fund is generating enough revenue that we can go into FY2011 without allocating any tax revenue to this fund.
   Savings: $3.9 million

7. Reduce Unemployment Insurance Premium line item by 75%--Due to savings from past years in our unemployment insurance fund a reduction in this area will not impact our ability to pay claims.
   Savings: $250,000

8. Combine County Building Maintenance Departments-Each county facility has its own maintenance budget. By combining this into one budget it will bring about more efficiency.
   Savings: $500,000

9. Reduce Cell Phone Budget: FY2010 adopted budget for cell phones is $356,000, FY2009 actual was $158,000 and year to date for FY2010 is $105,000.
   Savings: $200,000

10. County Auditor Budget Reduction: Due to staff reorganization by our County Auditor Jeff May he is able to save taxpayer dollars.
    Savings: $150,000

The County Auditor, Jeff May then issued the following press release:

PRESS RELEASE

For immediate release.

DISTRICT JUDGES, STAFF SOLVE COLLIN COUNTY BUDGET CRISIS

McKINNEY, TX -- With Collin County facing an unprecedented budget shortfall the County is facing difficult decisions on how to balance the upcoming budget. The difficult decisions have been made less difficult by new proposals made by the County Auditor Jeff May and Purchasing Agent Frank Ybarbo during Monday night’s Commissioner's Court budget meeting. May and Ybarbo purposed over $15 million in budget revisions and cuts which would balance the County's budget without having to decrease current level of services or to terminate any employee and preserve the County's current reserve funds.

The Auditor and Purchasing Agent are both appointees of the Collin County Board of District Judges. Mark Rusch, the Local Administrative Judge for the Collin County District Courts stated, "When the judges heard of the potential of a County budget shortfall, we called in both the Auditor and Purchasing Agent and told them we need to do our part to balance the budget, by cutting existing fat and not increasing taxes. We met several times with both employees. We are very excited about what they were proposing. So, we determined these proposals needed to be presented to the Commissioner's Court."

Collin County's projected revenues for fiscal year 2010-2011 purports to result in over a $10 million shortfall. All options are on the table which included the reduction of certain services, the elimination of some county employees, pay reductions and reductions in the County's retirement benefits for current and future employees.

If the Commissioner's Court takes the advice from the County's Auditor and Purchasing Agent, the proposed budget will be balanced without such drastic measures and, in fact, would put the County in a budget surplus.

Auditor Jeff May stated, "With the proposals I am making today, Collin County will have a balanced budget, a status quo on existing County services and will maintain our current reserves. All of this will also help us maintain our bond ratings which is important to the County's fiscal health." The County has maintained a AAA bond rating for years. "The taxpayers of Collin County come out on top," May concluded.

The County will continue informal budget meetings for the next several weeks. The proposed budget should be ready for review in about a month. Final approval of the budget and whether the recommendations of the Auditor will be followed will be decided by the Commissioner's Court in September.
--------------------------------------------------------------------------------

Press and media inquiries should be addressed to Jeff May, County Auditor for Collin County at the address or numbers presented below.

Jeff May
Collin County Auditor
Collin County Administration Building
2300 Bloomdale Road, Suite 3100
McKinney, TX 75071

I'd score this one Self/Shaheen- 0 and Judges/Jaynes - 1

Let the 2011 budget games begin.

Bill

In what could be the local reportorial understatement of the year, The Dallas Morning News' Ed Housewright has noticed that DA John Roach seems to be getting rather unpopular with the local bar....

Bill

Collin DA John Roach, foes ready for his retirement

Saturday, July 10, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Attorney John Roach says he's looking forward to his retirement at year's end.

Some defense attorneys say they are too. They've become increasingly vocal in criticizing Roach as arrogant, autocratic and demeaning of defense attorneys.

"He doesn't seem to shy away from personally attacking anyone who dares to criticize him," said Mitch Nolte, a former chief felony prosecutor under Roach.

He and other attorneys began speaking out because of Roach's yearlong investigation of state District Judge Suzanne Wooten, who was elected in 2008. The inquiry is believed to involve campaign finance issues. Roach defends the investigation but won't comment on its substance.

"It's a witch hunt, and there's no witch," said Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association.

Roach has received both criticism and praise in his eight years as district attorney.

He received the Lone Star Prosecutor Award from the Texas District & County Attorneys Association in 2008. The group honored Roach for "his courage and discretion in prosecuting – or choosing not to prosecute – several cases."

Roach's office has won a number of high-profile convictions. Last year, for instance, Raul Cortez was sentenced to death after being convicted of fatally shooting four people during a 2004 McKinney? home burglary. It was the worst mass murder in Collin County history.

Roach, an Air Force veteran, runs his office in a formal, regimented way. He addresses all his employees by "Mr.," "Ms." or "Mrs." Employees call him "Judge Roach" in recognition of his two decades as a district and appellate judge.

Roach requires male prosecutors to wear a suit or sport coat with a tie. Women can't wear "unreasonably short skirts or dresses or sexually provocative clothing," according to a 40-page office manual.

"I have some pretty set ideas about the way things ought to be," Roach acknowledges.

He has often riled county commissioners who set his office budget.

For instance, commissioners opposed his plan in January to spend $25,000 on high-powered rifles, shotguns, helmets and shields to equip a courthouse security team consisted of his investigators.

The money would have come from an asset forfeiture fund that Roach alone controls.

"It's my money," Roach said at the time. "I can spend it for anything my office requires, in my opinion."

Roach, 64, staunchly defends some policies that defense attorneys attack. For instance, he won't allow some defendants to plead guilty before a judge. Instead, Roach insists on trying the case.

"We're hard-nosed prosecutors," Roach said. "A lot of defense attorneys, not just here, want a DA who will roll over for them."

The repartee between Roach and defense attorneys won't last much longer. He decided not to seek re-election in the spring primary and his last day in office will be Dec. 31. In November, voters will decide his successor: Republican Greg Willis or Democrat Rafael De La Garza.

Roach plans to pursue his hobbies of swimming, scuba diving, skiing and firearm sports.

He won't rule out another run for public office, although he has no job in mind.

"Nobody holding office currently needs to be quaking in their boots," Roach said.

link to this article at The Dallas Morning News.....

Tomorrow morning there will be a hearing in a Collin County District Court that may decide the future of a District Judge -- Suzanne Wooten, elected in 2008 to the 380th District Court.

For over a year now, the Collin County Courthouse has been a buzz with rumors that District Attorney John Roach, Sr. was using a grand jury to investigate 2 sitting judges; Judge Greg Willis (now the GOP nominee for District Attorney) and Suzanne Wooten.

Sources close to both judges have styled the investigations as being politically motivated.

Judge Greg Willis was exonerated by a Grand Jury in January. To date, no action has been taken by any Grand Jury against Judge Wooten. In fact, the Observer was told in January that all investigations against Wooten had ended. Not so.

Attorneys for Judge Wooten learned yesterday that the District Attorney's office would re-convene a recently released Grand Jury in order to seek an indictment against her. In an attempt to stop the DA, they have filed a "Motion to quash illegally re-assembled Grand Jury". The hearing on that motion will be at 9:00 AM in the 366th District Court, with Judge Ray Wheless presiding.

The motion tells only one side of the story, but it does present a compelling picture of what one court house regular called "an abuse of judicial resources" by the first Assistant District Attorney Greg Davis and Christopher Milner, the Chief of the DA's Special Crimes Unit.

Judge Wooten's motion tells the tale of a political vendetta that began the day after she was elected by defeating long time Judge Charles Sandoval.

Wooten's attorneys note that, "the first time a sitting district judge was challenged, let alone defeated, in a primary election in Collin County history." Her attorneys charge that the day after the election, "Judge Charles Sandoval reportedly had a lengthy meeting meeting with executive level members of the Collin County District Attorney's Office", and that Sandoval believed that the only reason he lost the election was that Wooten, "must have cheated".

According to Judge Wooten's motion:

Shortly after the primary, the DA sought and obtained from Judge Curt Henderson Grand Jury subpeonas related to an investigation of Wooten. Because Grand Jury proceedings are secret, it wasn't until July of 2009 that Judge Wooten heard rumors that she was being investigated. More subpeonas were issued in July and again in August of 2009.

In September, 2009 Judge Wooten, "was made aware by her bank that there were 'unusual record activities' on her personal, former business and campaign accounts. Based on this information [Wooten] concluded that there could actually be an investigation pending against her." During this period, Chris Milner refused to admit or deny the existence of an investigation to Wooten's lawyers, despite their repeated inquiries and offers to cooperate.

During a meeting between Judge Wooten's lawyers and Mr. Milner held in October, 2009, Milner "demanded that [Judge Wooten] resign her bench by the following Wednesday, as 'Judge Roach (the DA) looks favorably upon public servants who accept responsibility for their actions and resign'." When asked what Judge Wooten was charged with, Milner responded, "She knows what she did.". Milner then stated that Judge Wooten, "needed to immediately resign to avoid them 'taking her law license, her family, her home, her liberty, and her reputation'."

But the Grand Jury never issued an indictment. In fact according to the motion, while the Grand Jury asked that the case be presented to them for a vote, "Milner refused to present the case and allegedly stated 'He was going to wait for a better Grand Jury'."

Six Grand Juries have come and gone since the investigation of Suzanne Wooten began. None have indicted her, nor even been given the opportunity to vote on a "True Bill" or a "No Bill".

The current Grand Jury's term officially ends on June 30. They held their last session last week on June 24th. On June 28th, Harry White, an Assistant Attorney General (acting as a deputy prosecuter appointed by John Roach) requested Judge Wooten appear before that Grand Jury on June 30th on a possible "bribery charge".

Fearing that Milner had finally found his compliant Grand Jury, Suzanne Wooten's attorneys filed the "Motion to Quash" arguing that the Grand Jury's term had ended and that only the court, and not the DA, could call them back into session.

For two years now, the courthouse has been rife with rumors of the investigation. for several months, Judge Wooten recused herself form hearing criminal cases, and has been unable to defend herself against unknown charges. As noted above six Grand Juries have come and gone. One investigation (against Greg Willis) ended with exoneration, but Wooten's case has not been allowed to come before a up or down vote by a Grand Jury.

During this period, the Collin County Observer heard persistent rumors that the DA would not allow bench trials (trials before a Judge, instead of a jury) in two District Courts -- the 380th (Judge Suzanne Wooten) and the 429th (Judge Jill Willis) -- both presided over by women. An email attached to Wooten's motion provides real evidence that the rumors were true. In the email, Greg Davis instructs one of his Chief Prosecutors to "conduct a TBC ["trial before the court", or a bench trial] in the 380th only if you have no interest in the outcome of the case"... "Those same guidelines are to be used in the 429th as well." The email further reminds the prosecuter that he has the authority to plead "any case set for trial before it was transferred to the 429th."

• John Roach's allegations against Judge Wooten have never been made public.
• Judge Wooten's allegations against DA John Roach charge that the DA is manipulating the justice system in trying to engineer outcomes he desires; not only forum shopping Judges, but also Grand Juries.

Why, if as Milner told her attorneys in 2009, he had "boxes and boxes of evidence" against the Judge Wooten, he has waited 2 years to finally present to a Grand Jury, and one whose term was ended or at best ending.

The hearing tomorrow should determine if this Grand Jury will be allowed to vote, or if the District Attorney will have to take his chances with yet another panel of Collin County citizens.

Bill

=======================

UPDATE June 30 11:00 AM

After a hearing in which no witnesses were called, Judge Wheless has ruled in favor of the Motion to Quash.

His decision was that the Grand Jury's term had ended and that the District Attorney could not legally re-call the Grand Jury into session.

Wheless's ruling means that Roach will have to present the case to another Grand Jury, if he is still seeking an indictment of Judge Suzanne Wooten. Wheless's decision is seen by most courthouse observers as a significant set back to the reach of DA Roach.

D Magazine's Front Burner Blog commented on the case this morning. Editor Wick Allison opines that John Roach and Charles Sandoval are trying to, in effect, overturn the election of Judge Wooten.

Bill

---------------------------------------

NOTES:

"In Re: Grand Jury Proceedings", "Motion to quash illegally re-assembled Grand Jury" filed in the 366th District Court on June 29, 2010 by Hon. Suzanne Wooten, movant.

Two local judges targets of grand jury investigations, CCO, Nov. 19, 2009

Judge accuses DA of "forum shopping" and "needless expense": DA appeals (updated), CCO, Dec. 21, 2009

Court releases Willis Grand Jury report, CCO, Jan. 26, 1010

Judge accuses DA of "forum shopping" and "needless expense": DA appeals (updated), CCO, Dec. 21, 2009

Editorial: Harassment lawsuits endanger free speech

Monday, June 7, 2010
The Dallas Morning News Editorial Board

We all like to think that freedom of speech is an inviolable constitutional right. But, for instance, if someone with money doesn't like a blog post about them, the mere threat of a lawsuit often is enough to silence even the most outspoken. The expense of hiring a lawyer and defending oneself in court can have a chilling effect on speaking one's mind.
Also Online

Valid criticism is silenced, unfair or potentially illegal behavior goes uncorrected, and free speech is stifled – all because the person being criticized has enough money to haul the accuser into court and bankrupt him into submission. In legal terms, this is know as "strategic lawsuit against public participation," or SLAPP. In 27 states, anti-SLAPP laws give courts discretion to reject meritless harassment lawsuits designed to make people shut up.

Texans have no such protection. Various legislators have tried but failed repeatedly since the 1990s to pass anti-SLAPP legislation. Now U.S. Rep. Charles Gonzalez, D-San Antonio, is co-sponsoring legislation that could bring relief to victims of harassment cases in states where such protections don't exist. Here's why such a law is needed:

Blog participation is exploding, and consumers increasingly are using their keyboards to vent frustrations over being cheated or mistreated by companies. Once posted, those complaints can fall under state defamation laws. In other cases, lawyers for a company criticized on the Internet often sue by claiming "tortious interference" – that the blogger is hindering a company's right to conduct business.

In Kalamazoo, Mich., Justin Kurtz found himself in such a bind. He vented online, saying his car was towed without cause by a Kalamazoo company, T&J Towing. Hundreds joined a chorus of criticism of T&J, which sued Kurtz for defamation, seeking $750,000 in damages.

"There's no reason I should have to shut up because some guy doesn't want his dirty laundry out," Kurtz told The New York Times. "It's the power of the Internet, man."

Anti-SLAPP legislation might have helped when The Galveston Daily News , author Carla Main and law professor Richard Epstein questioned Dallas developer H. Walker Royall's role in an eminent domain case involving private land seized to build a luxury marina near Galveston. They became swamped in litigation.

Anti-SLAPP laws do not – and should not – halt attempts by people to seek valid redress when they've been libeled. Instead, actions typically involve efforts to immerse a defendant in mountains of pretrial expenses such as legal consultations, depositions and evidence-gathering, even though the lawsuit itself has no merit in court.

People with loads of money rarely face the fear of economic ruin when they speak their mind, but for most Americans, harassment litigation can abruptly halt the free flow of information and discussion. Without anti-SLAPP, this growing silence can become deafening.

link to this editorial at The Dallas Morning News.....

=======================

The Observer comments:

Yes, these suits, brought by government officials against taxpayers, happen here in Collin County.

See:

• Lovejoy: Tales From The Dark Side
• Judge orders Plano man to keep his distance from mayor, other officials

Bill