07/01/09

Permalink 10:17:10 am, by bill Email , 150 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

Judge Greg Brewer resigns from bench

The Collin County Observer has learned that District Judge Greg Brewer of the 366th District Court has sent a letter of resignation to Governor Rick Perry and County Judge Keith Self.

Sources at the courthouse have confirmed that Judge Brewer, who has served on the bench since 2007 resigned yesterday, effective September 1st, 2009. According to county officials, Judge Brewer gave no reason for his resignation in his letter to Perry.

The Collin County Observer is attempting to get a copy of Judge Brewer's letter, and we will post it here.

For more than a year now the Observer has been working to substantiate rumors of a pending judicial ethics investigation involving Judge Brewer. It is not known whether his resignation is related to these rumored allegations.

Judicial ethics violations are investigated by the Texas Commission on Judicial Conduct. The commission's investigations are secret, unless and until public sanctions are imposed.

Bill

06/29/09

Brutalism and the Collin County Courthouse

This from the Dallas Morning News' Ed Housewright writing in the McKinney Blog:

State preservationists love old courthouse

I had a story today on the Texas Historical Commission trying to save the recently abandoned Collin County Courthouse.

Many consider the 1979 building generic and boring.

The historical commissioner head, however, says the six-story cube is a "good example of a modern form of architecture known as Brutalism which is gaining notoriety and appreciation among architects and historic preservationists."

"Brutalism", eh? I think that term accurately describes a whole lot of what I observed in the 6th floor commissioners courtroom there over the last several years.

Bill

Permalink 11:08:56 pm, by bill Email , 90 words,   English (US)
Categories: News Clippings, Law, Crime & Punishment

KXII - Judge Roach injured by pistol blanks

Judge injured in training accident in Collin County

June 29, 2009
Reporter: KXII-TV Staff

McKINNEY, TX -- A district judge from Collin County is recovering after being hurt in a training accident over the weekend.

Collin County authorities say a gun loaded with blanks accidentally went off near Judge John Roach Jr. on Saturday.

Roach was part of a training scenario in a courtroom where trainers used props and actors.

Roach was taken to Plano Medical Center with injuries to both eyes. Authorities say Roach is now recovering at home.

link to article....

06/24/09

Permalink 10:23:03 pm, by bill Email , 220 words,   English (US)
Categories: Observer Opinions, Politics

Collin County Democratic Party Chair resigns for health reasons

At a meeting tonight of the Democratic party's county executive committee, County Chair Dan Dodd resigned due to ill health. Dodd concluded he could not devote full time to the party going into the 2010 election. He is resigning to allow someone else to carry the party to the next level.

Dodd spent five days in the McKinney hospital this month due to a deep vein thrombosis in his right leg and a pulmonary embolism. According to Dodd, he prognosis is good, but treatment will take 6-12 months.

Dodd told the assembled precinct chairs that, "I do not have the necessary time and energy to devote the party during our 2009-2010 party-building frenzy and historic vote."

Dodd also noted that he was proud to have chaired the county party during a period of unprecedented growth, leading to his chairing the 2nd largest Democratic Convention held in Texas - the 2008 County Democratic Convention which drew over 4,000 delegates and guests.

His resignation is effective June 30.

Dan was the Democratic candidate in 2006 for Congress in Congressional District 3. He was elected county chair in 2007 and won a full 2 year term in 2008.

The Democratic precinct chairs, who make up the county executive committee, will elect his replacement at their July meeting. According to state party rules, the secretary, Dr. Murray Leaf, will chair the next executive committee meeting.

Bill

06/23/09

Permalink 09:28:35 am, by bill Email , 52 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

County jail scorecard: 22 to 0

Last week, the Collin County jail went through its annual State Jail Inspection.

After 3½ days of rigorous tests, the sheriff's office was notified it had received its 22nd consecutive year of passing the inspection.

According to Sheriff Box, "No other jail in Texas has ever been close. [to passing 22 consecutive inspections]"

Bill

06/22/09

Permalink 03:19:44 am, by bill Email , 228 words,   English (US)
Categories: Observer Opinions, Homeland Security

CodeRED due for $50,000 renewal - Updated

In Monday's commissioners court meeting, the Collin County Homeland Security Department will ask the commissioners to approve a $50,663 extension of the Emergency Alert Notification System, also known as CodeRed.

This is the third year of the CodeRed system. CodeRed is an automated telephone notification system that the county has used to warn citizens of impending weather emergencies.

Some past CodeRed system alerts have been criticized because the phone warnings came long after the storms had passed. CodeRed is activated by the county's Fusion center.

In answer to my inquiries, I was told by county Homeland Security officials that the CodeRed system was unable to telephone enough people to stay ahead of a large storm. I was told that there would be refinements made in both the system and in narrowing the scope of the alerts.

They must have narrowed the alerts pretty severely. Since 2008, tornado sirens near my home have sounded twice. Once for a small twister less than 2 miles from my house. Although I am registered with CodeRed, neither time did I get an alert call from the system.

In 2008, after a particularly damaging storm, city officials in Plano admitted that they relied on television news reports, not on the county's homeland security's Fusion Center.

Bill

UPDATE:

With no discussion, the court voted today to approve the contract extension by a 4-0 vote (Judge Self was absent)

Bill

Permalink 02:55:10 am, by bill Email , 493 words,   English (US)
Categories: Observer Opinions

Commissioners to consider Outer Loop path - Updated

The Commissioners Court, meeting as the Collin County Toll Road Authority are scheduled to consider a re-alignment of the south-eastern leg of the proposed Outer Loop.

The section to be discussed runs from FM 6 south to the Rockwall County Line.

The re-alignment is planned to avoid the road cutting into the High Meadows Estates subdivision in Josephine and Lavon.

The commissioners will also hear an update from the engineering firm of CH2MHill on the status of this section of the Outer Loop.

The engineers will present 3 different alignments (paths) and ask the court to choose one.

All 3 alignments will affect some residential property. It is too early in the process to know how many eminent domain condemnations will be required to construct this 5 mile section of the future Loop 9.

After the court approves the preferred alignment, they will schedule a public meeting to present the plan to the local citizens. The public meeting will likely be held in July or August. Typically, these public meetings are conducted by the engineers and have little or no effect on the final plans. Frequently no commissioners even attend the public meeting.

Commissioner Hoagland did attend the last Outer Loop public meeting that was on the alignment on the eastern leg north of FM 6. The meeting, held in 2006 drew a large and largely hostile crowd of several hundred citizens.

Bill

Notes:

The Commissioners Court meeting is scheduled for Monday, June 22 at 9:30 AM at the new Jack Hatchell Administrative Building on Bloomfield Rd.

CH2MHill presentation and maps
(note that this is a large 3meg download)

UPDATE:

A representative from CH2MHill gave a presentation on the alternate alignments at the CCTRA meeting today. You can see the presentation by clicking here.

CH2MHill testified that approximately an equal number of properties would be lost for each of the 3 alternate routes.

The green route is the alignment already approved by the commissioners court. This right of way would cut into the High Meadows Estates subdivision in a drastic manner. It would also take our some residences near the Rockwall County line.

However, he noted that the purple route on the alignment map, while completely missing the new High Meadow Estates subdivision, would be so close to a high power electrical line as to limit commercial development along the road. Both the purple and orange plans would miss the homes near the Rockwall County terminus. (see linked maps)

He testified that the orange route would 'impact' the High Meadows Estates subdivision, but less than the previously approved green plan. The orange route stayed at least 600' from the high power lines, allowing for more attractive 'big box' development along the new road.

After a short discussion, mostly centered on the need to timely notify all affected property owners for this section of the Outer Loop as well as property owners in adjacent segments of the road, the commissioners voted 4-0 to approve the Orange plan. (Judge Self was absent)

Bill

06/18/09

Permalink 09:18:48 pm, by bill Email , 250 words,   English (US)
Categories: News Clippings, The Economy

DBJ - Collin County foreclosures up 30% from last year

D-FW July foreclosure postings set record

Dallas Business Journal - by Bill Hethcock
Thursday, June 18, 2009

More than 6,000 residential foreclosure postings have been filed on homes in the four-county Dallas-Fort Worth Metroplex for auction next month ­— a 62% surge over the number of notices filed on area homes for the same period last year.

More than 35,000 residential postings have been recorded so far this year, a 20% increase compared with the same period last year, according to Addison-based Foreclosure Listing Service.

The 6,072 postings filed for the July auction surpassed the previous record of 5,500 filings for the auction in May, said George Roddy, president of FLS.

For the past 10 months, residential foreclosure postings have exceeded 4,000 per month in D-FW, and postings have exceeded 5,000 for the past four months. But this is the first time in this downturn that postings have risen above the 6,000 mark, Roddy said.

In Dallas County, 15,246 homes have been posted for foreclosure so far this year, a 16% increase from the same period last year. Year-to-date postings totaled 11,398 in Tarrant County, 4,658 in Collin County and 3,819 in Denton County, translating into 22%, 30% and 21% increases, respectively.

FLS is able to count the number of homes posted for July auction before July begins because the state filing deadline posting foreclosures has already passed.

Sadly, foreclosures are devastating to the property owner and their family,” Roddy said in a press release. “However, for an investor, this is absolutely one of the best times in history to be buying real estate.

link to article on the Dallas Business Journal....

06/17/09

Permalink 11:57:42 pm, by bill Email , 207 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Homeland Security

Why the FAA shot down the drones

Scott Henson at Grits for Breakfast has an interesting article on the reasoning behind the FAA's reluctance to approve police unmanned aerial drones.

Grits noted that one aviation website explained the issue as, "Despite pressure from some law enforcement agencies, the FAA is holding firm to its policy against routine use of unmanned aerial vehicles. 'There is nothing to our knowledge and no UAS technology at this time that would allow unmanned aircraft to meet the same 'see and avoid' [regulatory technical] standard that manned aircraft have to operate under," FAA spokesman Les Dorr said.'"

The McKinney Courier-Gazette also wrote on the de facto ban on police drones, noting that experts are concerned that these unmanned aircraft can not see around them well enough to ensure the safety of traditional aircraft. One expert was quoted in the Courier-Gazette saying, "All (unmanned aerial vehicles or UAVs) lack sense and avoid capability. A lot of work is being done on that in the aviation industry and our association is working on ways to safely integrate UAVs into airspace so they can share the same space with manned aircraft safely. We're not oppose UAVs. We're just not able to operate them safely in the same airspace with manned aircraft."

Bill

Permalink 11:34:31 pm, by bill Email , 404 words,   English (US)
Categories: Observer Opinions, Open Government, Mobility

McKinney scores a shutout with SAFETEA-LU earmarks

Congress is working on reauthorizing the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) which is the Federal Government's primary road and surface transportation legislation - in other words it's the big road and bridge bill.

As part of the congressional committee process, congressmen are able to request funding for local "high priority" projects. (Otherwise known as earmarks)

In this congressional session, the City of McKinney appears to be the big winner of earmark requests. All Collin County projects requested by our area congressmen were in the McKinney area. The six McKinney earmarks totaled over $146 million.

Congressman Sam Johnson (TX-3 Rep.)

Of the $147,577,077 Congressman Sam Johnson identified as transportation "high priority projects" or earmarks, all but $29,396,736 is earmarked for McKinney area highways. Johnson earmarked five projects, one in Dallas and the four in McKinney.

US75 (Central Expressway) McKinney
Amount Requested: $$77,076,480
Plan, design, engineer and conduct environmental review for the construction of an eight-lane divided urban freeway with HOV lanes and frontage roads along US 75 from SH 121 to US 380. Proposed recipient of funding: TxDOT

US380 McKinney
Amount Requested: $14,383,861
Widening of US 380 to a six-lane divided roadway from east of Custer Road to east of Lake Forest Drive. Proposed recipient of funding: TxDOT

SH5 McKinney
Amount Requested: $22,720,000
Widening of State Highway 5 from US 380 to FM 543. The road will be widened from two to four lanes. Proposed recipient of funding: City of McKinney

SH5 McKinney
Amount Requested: $4,000,000
Improvements on State Highway 5 between FM 546 and US 380. Project components may include the construction of a median, improved traffic signals, sidewalks, crosswalks and street design. Proposed recipient of funding: City of McKinney

Congressman Ralph Hall (TX-4 Rep.)

Congressman Ralph Hall's 4th Congressional District wends its way from eastern Collin County all the way to Texarkana. Hall has requested a total of $140,017,610 for his six "high priority" mobility projects. Only one of the six are in Collin County, and you guessed it, it's in McKinney.

FM2478 (Custer Road) McKinney
Amount Requested: $27,040,000
This project involves the widening of FM 5478 (Custer Road) in McKinney from US380 to FM1461. The road will be widened from existing two-lane rural road to a four-lane with a median which will reduce collisions and improve safety for vehicles and pedestrians. The population of McKinney and surrounding areas has been increasing in recent years. Traffic volume on FM2478 was 5,340 vehicles per day in 2008, it is estimated that in 2013 the number will increase to 8,700 per day.

Bill

06/16/09

Permalink 11:38:14 pm, by bill Email , 392 words,   English (US)
Categories: Observer Opinions, Indigent Healthcare, Good Governance

Conservative leadership

After the health care debate last night where every single county commissioner used his or her definition of 'conservative' to justify their vote either for or against restricting health care grants to nonprofit clinics who serve our poorer neighbors, I spent a few moments reflecting on what 'conservative' means to me.

I'm old enough to remember many constructions of conservative, from Eisenhower to Bush.

I listened closely as the citizens and commissioners debated what level of empathy for the uninsured was appropriate for county government. I listened to debates about using tax dollars to fund charitable organizations. To some it mattered not that the charities were cost effective.

Three commissioners believed that they were the best judge of community needs, The other two argued that the charitable clinics were the best judges of the needs of the community. All the clinics needed was assistance in carrying out what they saw as their mission to the poor, they said.

Now I believe that basic human values, such as a work ethic, respect for the individual and compassion for the least among us transcend narrow definitions of conservative and liberal.

But I'm a citizen and a taxpayer. To me a conservative government takes care of the community's needs in an economical manner. I expect my leaders to do all they can to conserve taxpayers' dollars and to spend them wisely.

As I said I'm a taxpayer - a Wylie taxpayer. Last night I saw conservative leadership, but I saw that leadership not in the front of the room where the commissioners sat, but in the far back corner.

Let me explain.

Last night's meeting lasted over 3 hours. Wylie City Hall is usually closed that late at night, but doors were open and lights were on to accommodate the 100+ citizens who attended the commissioners' court session.

As the meeting wound down, I noticed Mindy Manson, Wylie's City Manager, sitting in the back of the room. She was patiently waiting for the room to clear so she could turn out the lights and lock the doors.

The City Manager, the highest paid official in the city was waiting to close up city hall. By doing it herself, no overtime was incurred by the city, and as she told me, she didn't have to ask an employee to stay late away from his family.

That's conservative leadership.

Bill

Permalink 10:41:29 am, by bill Email , 324 words,   English (US)
Categories: News Clippings, Indigent Healthcare

NBC5 - Collin County Defines Who's Poor Enough For Care

Collin County Defines Who's Poor Enough For Care

By RANDY MCILWAIN / NBC 5 TV News
Tuesday, Jun 16, 2009


LINK TO VIDEO REPORT

How would you like a job paying $22,600 dollars a year? It's not a lot for one person, but for a family of four it's a struggle just thinking how to survive on it in this economy.

In Collin County, though, $22,600 means you're rich -- too wealthy for your family to receive taxpayer-funded health care services at any of the county's non-profit health care clinics.

Collin County's Commissioners, who double as the county's health care foundation board of trustees, voted 3-2 in favor of defining indigent patients as those at 100 percent of the federal poverty level.

Earn $22,050 dollars in that same family of four and you qualify for the tax subsidized health care services offered by the clinics -- a difference of only $550 dollars in annual income.

Trustees who supported the restrictions on funding say it's all about fiscal responsibility and watching out for taxpayers. They also restrict any tax dollars from being used to pay for the health care of undocumented or illegal immigrants.

Critics claim, before the vote, clinics were free to use the grants to treat "the most vulnerable, low income" patients at their discretion. Many of Collin County's non-profit health care clinics cater to children and elderly but lately they've seen a rise in patients due to the economy.

Several supporters of the county's non-profit clinics, including health care professionals, clergy and patients, all told trustees stories of need. In the end, cost prevailed over need as some trustees say to continue undefined funding of indigent health care would cost more money than the trust has at its disposal annually without raising taxes.

Leaders of non-profit clinics vowed to continue to push for more funding and say the trustees decision only insures that more poor and working poor people will have less access to health care.

link to article and video report on Channel 5....

Permalink 10:31:23 am, by bill Email , 352 words,   English (US)
Categories: News Clippings, Indigent Healthcare

DMN - Collin County commissioners approve income cap for those seeking health care from nonprofit agencies

Collin County commissioners approve income cap for those seeking health care from nonprofit agencies

Tuesday, June 16, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

WYLIE –
Collin County commissioners voted 3-2 on Monday to set income limits for people who seek health care from nonprofit agencies that receive county funds.

Individuals will not be allowed to earn more than $10,830 annually, while the cap for families of four was set at $22,050. The new policy will take effect in October with the start of the next fiscal year.

Nine nonprofit agencies now receive a total of almost $200,000 to treat the indigent. Currently, the county does not require the clinics to ask patients to state their incomes.

A standing-room-only crowd of more than 100 people packed the emotional meeting at Wylie City Hall. County Judge Keith Self and commissioners Jerry Hoagland and Matt Shaheen voted in favor of the income guidelines. Commissioners Joe Jaynes and Kathy Ward voted against the requirements.

"We're required by law to take care of poor people," Hoagland said. "I believe we're more than adequately doing it now."

However, Jaynes said commissioners were placing too many restrictions on the nonprofit agencies.

"We're tightening restrictions on a program that gives us some of the biggest bang for our buck," he said.

Shaheen said commissioners were simply making the income requirements consistent across the board.

The county also provides indigent health care at a publicly run clinic in McKinney? and PrimaCare? medical centers throughout the county. Both use the same income guidelines that were adopted for nonprofits Monday.

"I don't think this reflects a lack of compassion," Shaheen said.

More than two dozen people spoke either for or against the income guidelines.

Opponents said Collin County, one of the most affluent counties in the state, was being hard-hearted in these tough economic times by adopting the limits.

"We feel this is a moral issue for commissioners as well as a fiscal one," said the Rev. Patrick Price of Community Unitarian Universalist Church in Plano.

Supporters of the caps said commissioners should limit health-care spending and encourage charities to provide the care.

link to article on the DMN....

06/15/09

Permalink 04:16:29 am, by bill Email , 985 words,   English (US)
Categories: Observer Opinions, Mobility, Poverty, The Economy

Special Commissioners Court meeting expected to draw a crowd

The Collin County Commissioners Court is meeting in a 'Special Session' tonight at 6:00PM in Wylie City Hall.

While the commissioners frequently bemoan the fact that citizen attendance at these special evening sessions are sparse, three items on the agenda will likely cause a number of taxpayers to attend.

Last month, the commissioners, acting as the Health Care Trust Fund Trustees placed an item on their agenda that would add more grant restrictions to the nonprofit indigent clinics. The restrictions would require the clinics to only be paid to serve those whose incomes fall below 100% of the federal poverty line (approx. $20,020/yr for a family of 4).

After the Collin County Observer and many citizens objected to the proposed new rules, in part because there was no chance for citizen input, the commissioners voted to postpone consideration until this evening's meeting.

The county presently doles out a total of about $200,000/yr to 9 nonprofit organizations that operate clinics or health care services for the poor in the county. For the last 2 years, the grant funding has been reduced from the $300,000 high granted in 2007.

The county is required by law and the Texas Constitution to be the "provider of last resort" for the indigent, and to meet those requirements, the county operates a "County Indigent Health Care Program (CIHCP) The restrictions for entry into CIHCP are stringent, requiring a 19 page application and verification of all income, assets and insurability. In fact the restrictions are so severe that in 2008, only 207 Collin County applicants were approved for CIHCP.

Collin County also funds a program that allows uninsured citizens whose incomes are below 100% of FPL to get primary care at any PrimaCare clinic for a $20 copay. For fiscal 2009, the county has budgeted $300,000 for the PrimaCare program. In fiscal 2008, the county paid for over 2,300 low income patient visits to PrimaCare.

The third county indigent health care program is the grants (now called "fee for service") to the nonprofit clinics. In 2009, the county paid these clinics from $25 to $50 for each qualified patient seen. For the first half of FY 2009, the county has paid the 9 clinics about $72,000 in the Fee for Service program. These clinics see hundreds of patients every week.

Prior to 2007, the county simply awarded a specific dollar amount grant to the nonprofits based on their needs and request. In 2007 however, the county changed from a grant to a fee basis. The county requires each clinic to report the name, address, last 4 digits of the Social Security number and a diagnosis code for each patient for whom the clinic is asking for county funding.

Most nonprofits strenuously objected to the 2007 changes, citing increased workload and patient confidentiality. Two of the clinics subsequently refused county funding because of patient confidentiality concerns.

Presently, the nonprofit clinics set their own admission and fee schedules. Most require that patients seeking low cost care only be uninsured, and not eligible for public health care assistance. The 2010 county proposal would force the clinics to change their admission criteria and to document income.

Supporters of the clinics note that the nonprofits provide the most economical health care service available to uninsured residents. While the county pays $210 to PrimaCare? for each patient visit, it only gives the nonprofit clinics between $35 and $50 for each visit.

In 2005, the Commissioners Court appointed a 25 member citizen task force to study the need for indigent health care programs. That committee met for over 18 months and issued its report in 2006. One key recommendation by the task force was to increase the grants program to nonprofits to between $500,000 and $800,000. The task force noted that while the CIHCP attempted to serve the hard core indigent, the clinics were serving the 'working poor' - those who because of the rising cost of insurance were not able to afford health care, even though they worked.

Also on the court's agenda for tonight is a request by Catholic Charities to open a "Homeless Prevention" office in Collin County. The office would attempt to help those recently unemployed, underemployed and families who were in imminent danger of becoming homeless. The Catholic Charity operation would be run at no cost to the county or taxpayers as it is funded by the United Way and federal and state grants. The program would provide over $1 million in benefits to the 9 county region.

State funding through the Texas Department of Housing requires that the local counties served give formal approval to allow the opening of the local office. Twice now, the commissioners' court has declined to approve the Catholic Charities request. Instead the court has asked for more information.

Some on the court have, in the past, expressed reservations on allowing federal, state or charitable funds to be spent on the poor in the county fearing that as The Dallas Morning News reported in 2005 on Commissioner Hoagland's concern, "he worries the grants will cause more homeless people to move to Plano. He said many problems in Dallas and other cities can be attributed to the homeless population." The DMN also reported that "he said the goal of trying to end homelessness is too large. He said the homeless have always been around and always will be."

In 2005 the issue was using federal dollars to fund apartments and a case manager for up to 8 mentally ill patients who would otherwise be homeless and unsupervised.

I hope that attitude is not what is holding up the Catholic Charities request.

The third item on tonight's agenda is to consider moving the alignment of the south-eastern leg of the Outer Loop. The part of the loop in question is between SH 6 and the Rockwall county line. The county staff sand consultants are recommending that a section be moved to avoid impacting the High Meadow Estates project in Josephine. The proposed realignment will reduce the number of residential properties that would be lost to the new road.

Both the proposal and the current alignment will adversely impact a number of homes.

Bill

Permalink 01:41:10 am, by bill Email , 730 words,   English (US)
Categories: News Clippings, Indigent Healthcare

DMN - Collin County nonprofit health clinics struggle to get by

Collin County nonprofit health clinics struggle to get by

Sunday, June 14, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

Bess Spear of Plano has no job, no health insurance and few options for affordable health care.

With no public hospital in Collin County, she turns to a storefront clinic that's staffed by volunteers and that's open one night a week.

On Thursday, she and 80 other people crowded into the nonprofit Collin County Adult Clinic in Plano. For $10, they get prescription refills and a visit with a doctor.

"Thank God for these people," said Spear, 64, sitting on a folding chair. "If I couldn't come here, I'd be up a creek."

Unlike Dallas County, which treats uninsured indigent patients for no cost at its Parkland hospital, the more affluent Collin County farms out much of its indigent health care to small private clinics.

The Adult Clinic and eight other nonprofit agencies shared grants from the county this year that totaled about $200,000.

Now a new citizen group, citing the economy and the county's rapid growth, wants the county's elected officials to spend much more.

"I think they are mandated to take care of the indigent," said Marge Langteau, who helped organize the Collin County Healthcare Committee.

Members of the group say they plan to pack Monday's meeting of the Collin County commissioners to make their case.

But the commissioners give no indication of wanting to change a long tradition of frugality by increasing health-care spending on the poor.

Despite calls to raise expenditures, officials point out that Collin County exceeds the state's minimum requirements for indigent health care.

"I'm happy with our policy," said County Judge Keith Self, who heads the Commissioners Court.

In Dallas County, taxpayers hand over $400 million a year to help run Parkland. Collin County, however, treats the poor without taxing residents. Health care is financed by a trust fund set up 25 years ago when the county sold its deteriorating public hospital for $13 million. With interest and investments, the health-care trust fund grew to more than $20 million earlier this decade. Now it stands at $15 million.

Commissioner Jerry Hoagland worries about the fund's decline. If the county increased indigent health care, the fund would shrink faster, he said.

"I'm trying to conserve that fund as long as possible so we don't have to tap the taxpayer," Hoagland said.

The trust fund pays for Collin County's three-pronged approach to indigent health care.

• It provides free services at a county-owned clinic in McKinney? for uninsured people who meet strict income guidelines. A single person can't make more than $10,830 a year; a family of four, more than $22,050.

• Uninsured people who meet those same income guidelines can visit PrimaCare? clinics in Frisco, Plano and McKinney?. The county has a contract with PrimaCare? to provide care for a $20 patient co-pay.

• Uninsured residents can get care at nonprofit clinics that receive county funding. Some offer free care; others charge a nominal fee.

Commissioners forbid the clinics to treat illegal immigrants with county money. They also require the clinics to record patients' names, diagnosis codes and the last four digits of their Social Security numbers.

Some clinics, such as the Children and Community Health Center of McKinney?, no longer seek county funding because of the reporting requirements.

"It was a lot of work, and we didn't want to turn over patient records to the county," said Mary Nelle Cummins, clinic founder.

On Monday, commissioners will consider adding another restriction on nonprofit agencies. If the proposal is approved, the patients would have to meet the same income guidelines as those visiting the county clinic or PrimaCare? locations.

Several nonprofit agencies object to the additional restriction. They say they're underfunded, understaffed and swamped with needy patients. Verifying income will be an additional burden that will cut into treatment time, said John Ernst, executive director of the Collin County Adult Clinic.

"With this economy, we and others need money and volunteers, not increased administrative drudgery," he said.

Commissioner Joe Jaynes said he has misgivings about imposing an income guideline on clinics.

"I think it would be an additional strain on them," he said.

Collin County's income guidelines are more generous than the state requires. It treats individuals who earn up to $10,830 annually, while the state says counties can decline to treat those who make more than $2,274 a year.

Last year, the clinic treated 254 low-income residents, records show. In 2007, it saw 148.

read more....

Permalink 01:10:44 am, by bill Email , 419 words,   English (US)
Categories: News Clippings, Law, Crime & Punishment, Homeland Security

33TV - FAA grounds drone proposal

KDAF, Channel 33 reports that the Collin County Sheriff's $235,000 grant request to purchase 6 unmanned drones has been shot down by the FAA.

The Channel 33 story has a really cool video of a new Star Wars looking drone being tested in Miami.

Bill

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

Sheriff's Department Forced to Ground Drone Plan

Dawn Tongish / The 33 News
June 12, 2009

Watch video report

McKinney - The Collin County Sheriff's Department hoped to put drones on patrol, but the proposal may be grounded because of a twist that officials just discovered. A good chunk of the county is in restricted air space because of DFW Airport, making it off limits to the drones.

That is disappointing to McKinney Grandfather, Tommy Guynes. He would have liked to see the unmanned aircraft in the skies over Collin County, helping to keep the community safe. "We need to use all the technology we can to battle the evil that is in this world", says Guynes.

Officials with the sheriff's department hoped to add 6 of the remote-controlled drones, like those used in war zones like Afghanistan, to patrol from high in the sky. Authorities applied for a $235,000 government grant to make the purchases that would have been spread out over many police departments in the county.

But, Major Mike Anderson learned of the air space issue, Friday. "The FAA puts these controls on and that would include most of the Southwest corner of the county, along with much of Lake Lavon and those are the areas where this would have been most beneficial. It does give you eyes in the sky because now we are relying on Dallas Police and DPS for a helicopter when a search is underway".

The drone proposal is not without opposition. Kiley Gamble says she doesn't want drones snooping overhead. "I feel like they would infringe on privacy, even if they are intended for good use". But, it could be just a matter of time until the drones are a reality. The Federal Aviation Administration is doing test studies with police in Houston and Miami, trying to find a way to make drones work in urban areas.

FAA officials say they do want to work with police departments, but a spokesman says it has to find a way to make sure the technology is reliable and safe for people in the air and on the ground. But, Collin County officials aren't completely giving up on the dream of drones. They hope one day you'll see a high-flying police tool, sharing the skies.

link to article and video....

Permalink 12:28:14 am, by bill Email , 259 words,   English (US)
Categories: Observer Opinions, Politics, Ethics

Where in the world is Don Cozad?

It's no surprise that there is little love between the Collin County Auditor, Don Cozad and the Collin County Commissioners' Court.

Since the commissioners filed suit against their auditor last year, Cozad who by all accounts hates confrontations, has not attended many meetings of the commissioners' court.

Late last year, Cozad announced that he would retire on September 30. Since his announcement, he has rarely been seen at court. That's a shame.

The Collin County Auditor has a legal duty to protect and report on the financial health of the county. His office sends several reports to the commissioners' court every month. One of these reports is the Quarterly Investment Report.

This report details over $344 million in operating and bond fund investments. The Investment Report has been on the commissioners' agenda for the last 2 meetings of the court. Both times, Commissioner Shaheen asked if Cozad or a member of his staff could explain the report. Both times, there was no one at court who could answer questions about $344 million of the taxpayers' money.

That's unacceptable.

I understand Mr. Cozad's reluctance to attend the court sessions. After all these commissioners not only sued him, but tried their very best to ruin him financially and professionally. (Thankfully justice was done and the Auditor prevailed.)

Maybe Mr. Cozad needs to wear a garland of garlic and carry a cross and wooden stake to protect himself at court. If so, he needs to do it...or whatever it takes to be at court and represent the interests of the citizens of Collin County.

Bill

06/12/09

Permalink 04:27:49 pm, by bill Email , 335 words,   English (US)
Categories: News Clippings, Open Government, Quality of Life, Homeland Security, Public Health

WFAA - Murphy Dad wants to fix 911 system after son's death

WFAA TV reports -

Fathers who lost loved ones work to change 911 system

11:19 AM CDT on Friday, June 12, 2009
By SHELLY SLATER / WFAA-TV

Watch Video Coverage

When you call 911 you expect help, but there are no federal standards for training 911 dispatchers.

Now a Collin County man who blames the 911 system, in part, for his son's death is asking why not?

Michael Cantrell is teaming up with a new friend who knows his pain.

Nathan Lee's wife, Denise, was kidnapped and murdered in Florida.

She called 911 and so did a witness, but the call was never dispatched. Police never knew she needed help.

Tragedy brought the two fathers together.

Cantrell's son, Matthew, accidentally hanged himself in their backyard soccer net.

The family's call to 911 heeded little help.

Dispatchers gave no medical advice and then transferred the call, wasting precious minutes they believe could have saved their son.

"We've kind of built a long distance friendship over the last couple of months," Lee says of Cantrell.

And now, with the same motivations, the two men are pushing for federal standards for 911 operators.

"Like federal air traffic controllers, it's a federal mandating thing, but for some reason 911 isn't," Lee said.

"It's not magic," says Cantrell, "when you call 911 that everything is going to go smoothly."

The men are appealing to the federal level to create a uniform 911 system.

Currently, regulations can vary by state, even by county.

Lee says that's not good enough.

"In my eyes you truly are the first line of defense for homeland security," Lee told a group of emergency professionals. .

From better training to better equipment, the hope is to eliminate error.

read more and watch video....

Previous CCO coverage:

Family sues City of Murphy over tot's death, CCO, May 21, 2009

The law suit filed May 19, 2009 - Cause No. 6:09-cv-225

Revisiting the Cantrell tragedy - Murphy 911 and emergency response times CCO, December 14, 2008

Murphy City Manager's report on toddler death clears officer's actions CCO, November 18, 2008

Cover up in Murphy? Is city telling the real story of toddlers death? CCO, November 17, 2008

Permalink 04:17:37 pm, by bill Email , 128 words,   English (US)
Categories: News Clippings, Mobility, Law, Crime & Punishment

KRLD - Inmates To Help Clear Storm Mess on Collin County Roads

KRLD radio reports -

Inmates To Help Clear Storm Mess on Collin County Roads

It'll take quite a while to pick up Collin County's big mess, with debris and tree limbs strewn widely north of McKinney?. Public Works director John Jon Kleinheksel says it might take weeks to put things right again because nearly four dozen country roads have damage, some of it minimal and some of it severe. The biggest impact is on rural county roads in a swath from Celina, through Weston and over to Anna. At the worst of the storm, 18 Collin County roads were closed because of debris or flooding. Some of the clean-up work may be done by county jail inmates allowed on work crews to earn credit for early release.

link to story....

06/11/09

Permalink 10:50:47 am, by bill Email , 423 words,   English (US)
Categories: News Clippings, Indigent Healthcare, The Economy, Quality of Life

DMN - Meals on Wheels cuts services in budget crunch

Budget crunch forces Collin County agency to scale back Meals on Wheels for seniors

Thursday, June 11, 2009
By VALERIE WIGGLESWORTH / The Dallas Morning News

Evening and weekend deliveries of Meals on Wheels will be eliminated and transportation services for seniors will be scaled back as the Collin County Committee on Aging copes with a $1 million budget deficit.

"If people would just give up one latte a week, there'd be more than enough money to reinstate the programs,"
Terry Dougherty, Meals on Wheels volunteer

The McKinney-based nonprofit will continue delivering meals at lunchtime but restrict the service to those seniors most in need. Specific changes to the agency's bus service are still being worked out but will probably mean fewer trips until at least Oct. 1.

"It was the most difficult decision we have ever been forced to make," board chairman Mark Heidenheimer said in a written statement.

The nonprofit's president and chief executive officer, Marilyn Stidham, said the financial problems snuck up on the agency, which operates on an annual budget of $5.5 million.

"It was a perfect storm," she said, citing the increasing demand for services coupled with higher prices for food and gasoline and the slowing of donations and other funds. "The need outstripped our funding."

Stidham said she kept hoping the agency's cash flow problems would work themselves out as they have in the past. But they didn't.

"If there were any way we could provide the services, we would," she said.

Stidham said the agency is still evaluating the number of clients affected. As of Monday, 112 seniors were cut from the lunchtime deliveries. The 85 to 90 meals delivered in the evenings have been reduced to six to eight meals that are paid for through a specific state program.

And for the first time, the agency has started a waiting list for its meals program. Clients with the greatest needs will be served first. That means that a new referral with a greater need could bump someone already receiving meals to the waiting list. More than 20 people are on the list, which will be reviewed weekly.

Seniors will still be able to get meals at area senior centers, but for some, the problem will be in getting to a center. Most of the agency's clients are homebound and can't drive.

A meal costs $5.25. Any senior able to pay that full price will be able to stay with Meals on Wheels. Stidham said families and churches are stepping in to pay the cost for some. The agency's volunteers are also sending in donations.

read more....

06/10/09

Permalink 03:42:57 am, by bill Email , 478 words,   English (US)
Categories: Observer Opinions, Politics, Law, Crime & Punishment, Elections

Commissioners redistrict JP and Constable precincts

On January 1, 2010 a new map will define Collin County's Justice of the Peace and Constable precincts.

Current precinct boundaries
2010 Plan 8b

Several months ago, the commissioners asked the justices and constables to submit a plan that would redraw their districts in order to more evenly balance the workload of the county's 5 JP courts. On Monday, the court approved a plan drawn up by the JPs and constables.

Precinct 3-1 Judge Johnie Lewis presented the plan to the court. "All 5 JPs stand in total agreement," Judge Todd told the court. "Understand, we can't even decide where to go for breakfast, but we have all agreed on this. And we have 3 constables who are standing in total support"

However, Precinct 2 Constable Joe Barton was not in agreement.

Constable Barton told the court that he ",found himself again the voice of dissent in this redistricting." Barton told the court that the problem he faces is the long distances the constables had to travel. "It puts too much area in the district", he said.

Barton also questioned the transparency of the process, noting that most citizens and cities had no idea the redistricting was going on.

"I think the plan is flawed, but the good news is there is a perfect solution and that is to leave things the way they are.", Barton told the court. "It's perfect in a sense that no constituents have come to you saying we don't like things the way they are... It's perfect because the elected officials, prior to this whole issue being brought up by you all, weren't saying 'we're unhappy with the status quo'."

Barton also told the commissioners that while, "This group stands united, when I talk to them individually and ask them if we go to plan 8a or just leave it like it is, which way would you go, they all say, 'leave it like it is... but the commissioners aren't going to do that.' They feel like you're incapable of leaving something alone, and I say 'Why not.'"

After questioning, Judge Raleeh told the court that, "I think Constable Barton is absolutely right, if I had my rathers, I'd ask you not to change anything - leave it right where it's at."

"We've come up with a plan that evens out the caseload, just like you've asked", Raleeh told the court.

After questioning by Judge Self, the rest of the judges and constables agreed to move Westminster (Precinct 18) from JP Precinct 2 to 1.

Workload under current and new plans:

Precinct Cases - current Cases - plan 8a Single family homes - 8a multi-family homes - 8a population - 8a
1 14,000 11,500 30,000 6,300 102,500
2 4,200 7,100 23,800 1,300 70,600
3-1 & 3-2 13,800 23,600 101,500 36,400 397,300
4 19,400 14,000 59,000 21,700 227,500

The court then accepted Plan 8a as amended on a 5 - 0 vote. The new plan will need to be cleared by the US Justice Department.

The commissioners postponed any decision on redistricting of the commissioners' own precincts.

Bill

Notes:

Current JP/Constables Precincts

New 2010 JP/Constables plan 8a (amended)

06/09/09

Permalink 11:37:15 pm, by bill Email , 476 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Homeland Security

The county's 'Eye in the sky' request

Yesterday was the 60th birthday of George Orwell's novel, Nineteen Eighty-Four, which portrayed a future in which government surveillance was a pervasive tool of government control over individual actions.

While Orwell's novel has become one of the world's all time best sellers, here in the real world 1984 has come and gone - fortunately without the repressions predicted by Mr. Orwell.

The Collin County Observer would like to celebrate the anniversary of the publication of Nineteen Eighty-Four with the following tidbit:

Last week, the Collin County Sheriff's Department gained approval from the Commissioners' Court to request $235,000 in Federal stimulus grants to purchase 6 unmanned aerial vehicles (UAV).

These UAVs are remote controlled airplanes equipped with cameras and are similar to the military's Predator drones used in Afghanistan and Iraq for reconnaissance and to call in bomb and cruise missile strikes. The grant application explains that, "They may be launched by one person. The UAVs will carry a gyro-stabilized camera and may remain aloft for over 1 hour depending on the payload."

"Once launched the operation would then be supported from a nearby command post by trained personnel. From this vantage point real time video transmissions would prove invaluable to deputies and officers on the ground involved in the operation. Real-time decisions could be made that would have immediate impact on the result of the event, safety of the officers, citizens involved, as well as the general public."

The Collin County Sheriff has no intention of calling for Air Force bombing runs, but does see a need to use the drones as an economical alternative to purchasing a real helicopter.

According to the grant application, "A major problem for the law enforcement agencies in Collin County is that there are no air support capabilities within the County. The closest air support for Collin County is Dallas Police Department or the Texas Department of Public Safety. Both have helicopters but are generally only available for emergency purposes. Within the last two years, the Collin County Sheriff’s Office has requested air support from either Dallas PD or DPS on numerous occasions for problems such as fugitives at large, drownings, and missing children. In some of the cases either DPD or DPS was able to respond, but only after a lengthy delay. There were numerous other incidents that would have benefited by air surveillance. These include major crowd gatherings, pursuits, narcotics surveillance, illegal dumping, tactical support, and natural disasters."

The Sheriff's Department would use the grant funds to purchase 6 of these UAVs. One would be run by the Sheriff's personnel, the other 5 would be doled out to the Allen, Frisco, McKinney, Plano and Wylie Police Departments.

As far as I know, the county has not requested matching cruise missiles to be used against our illegal dumpers.

Winston Smith

Notes:

JUSTICE ASSISTANCE GRANT (JAG) Addendum

Nineteen Eighty-Four, George Orwell, June 8, 1949

Nineteen Eighty-Four, the movie, 1984

06/08/09

Permalink 03:13:40 am, by bill Email , 628 words,   English (US)
Categories: Observer Opinions, Elections

Countywide polling places back for consideration.

The County Commissioners are scheduled to discuss new legislation allowing for the creation of "super polling" places. These new countywide, consolidated polls would end the election day restriction on voting only in the voters' precinct of residence. Instead the new "super polls" would be similar to the early voting locations, where any voter in the county could vote in any polling place.

Last week, the Texas Legislature passed a law allowing up to 5 counties to institute a plan to consolidate voting places, and create these super polling locations.

The last 2 legislatures had approved limited temporary permitting a few counties to take part in pilot programs that consolidated the election day polling locations.

With the passage of the new provision, 3 counties with a population of over 100,000 and 2 with less than 100,000 may choose to do away with up to 35% of the traditional precinct election day poll locations and replace them with a smaller number of countywide consolidated polling places.

Countywide polling places have the potential to make it easier for many citizens to vote and to save money.

However, they can, if improperly planned, create logjams, long lines and have the effect of depressing voter turnout.

That is what almost happened in Collin County in 2006.

In 2006, Collin County Elections floated a proposal to take part in the pilot program by reducing the number of election day polling places for the November general election from 135 to 30. After both the Republican and Democratic Parties objected, the plan was scrapped.

Larimer County in Colorado is frequently cited as an example of how well countywide polling places can work to both save money and increase voter participation in elections. Other experiments in setting up countywide super polling places have been lees successful.

Long lines have caused voter suppression at consolidated polling centers in Denver and other cities. Several research papers by document lower voter turnout, especially among young and minority voters in consolidated precincts.

Larimer County has successfully reduced its number of election day polling places from 143 to 22, without suppressing voter turnout.

It accomplished this by careful planning and:

  • Voter education - several mailings to each registered voter listing the location of new polling locations.
  • Dedicated communications using T-1 network connections directly from each polling place to the county elections office.
  • Choosing polling locations that had an abundance of parking, frequently using large churches, whose parking lots are not in use on a Tuesday election day.

Collin County's 2006 plan, however:

  • Planned no mailings to voters
  • Had no dedicated communication, instead relying on existing and in some places dial-up connections.
  • Planned to use schools and government building that had little available parking.

Making matters worse, the county's 2006 plan had far too few locations, and too many were rural resulting in, for example, only one polling place for all of Frisco.

Elections are expensive. Efforts to cut election budgets can make consolidating voting precincts seem very attractive. However, the evidence suggests that before savings can be realized, investments must be made in voter notification, communications infrastructure, and polling place locations.

If the commissioners court does want to entertain the idea of reducing the number of polls by creating countywide super polls it, will need to create a bi-partisan committee to study all the implications and propose a budget and plan. Attempting to impose a quick-fix scheme, such as was done in 2006, will create controversy and likely result in a plan doomed to failure.

In 2006, the Collin County GOP Chair Kathy Ward joined with the Democrats in requesting that the plan be scrapped. I hope that Commissioner Ward remembers what almost happened then. And I hope the commissioners court will be open minded in soliciting input from all communities and interested parties before a proposal is put into action.

Bill

Analysis of 2006 Collin County Countywide Election Precincts plan

06/05/09

Permalink 02:16:19 am, by bill Email , 18 words,   English (US)
Categories: News Clippings, Quality of Life

Bill Cosby on Frisco

I found this on the Dallas Morning News' Frisco Blog.

Couldn't resist posting it.

Bill

Permalink 01:47:29 am, by bill Email , 243 words,   English (US)
Categories: Observer Opinions, Environment, Water

From drought to a "big wreck"

It was only last February that the Dallas Morning News was predicting drought in North Texas. In an article titled, New drought blooming: Dry spell expected to persist, intensify in North Texas, the News noted that Collin County ",farmer Butch Aycock says stock tanks are drying up and winter wheat is lagging, limiting livestock grazing and forcing herds to hay. 'It's not a big issue in the area yet,' he said of the blooming drought."

But that was in February. Three months later it's a different story. The Dallas Observer's blog "Unfair Park" took notice that farmer Aycock was featured in an article published yesterday in the Southwest Farm Press bemoaning disastrous 2009 wheat and corn crops due in part to "too much rain".

The Southwest Farm Press quotes Aycock, “I’ve never had a year with this high percentage of acreage lost. About 300 of the 3,000 acres of wheat will make a decent yield. Another 2,000 acres will suffer more than a 60 percent loss and some of that is 100 percent gone. And about 400 acres will be at a 40 percent to 50 percent loss.”

We’ve had 14 inches of rain since Easter Sunday,” Aycock said. “They don’t report that on the evening news, but that’s what we pour out of our rain gauges. We had a lot of sidedress applications we needed that we just couldn’t get done. We had too much rain to get into the fields. It’s a big wreck.

Bill

Permalink 01:10:39 am, by bill Email , 892 words,   English (US)
Categories: Observer Opinions, Politics

...and dumbest

Some people ought to quit while they're behind.

Yesterday, I wrote about the email flap that has some local GOP officials upset.

The point I tried to make was that political, incendiary chain emails are no better than porn. They are usually filled with lies, and are designed to incite fear or hate.

I also pointed out that the particular email sent by officials of the Collin County GOP was not only hateful, but stupid too. Anyone with any understanding of how government works should have instantly seen that the email's assertion that a committee of the US Senate could enact a law in secret, without a vote of the Senate was bogus.

Ms. Jones, the GOP Vice-Chair who sent the offending email, was so miffed at her public chastisement over a racial slur in that chain email porn, that she sent all the Collin County Judges an angry email rant.

But, in protesting her "simple mistake", Ms. Jones made a statement that instantly caught my attention.

Vice-Chair Jones wrote that she forwarded the chain email porn in her role as, "legislative chairman for one of the local [Republican] clubs". She was merely trying to enlighten her fellow Party members of the impending passage of SB 2099 - a bill that was 10 years old and that was going to be passed without a Senate vote, because she tries to keep GOP club "members apprised of all noteworthy legislation."

You're kidding me, right? This kind of stuff is what the officers are telling the rank and file members?

  1. The SB 2099 described in the chain email porn Jones sent was introduced in the United States Senate in 2000. It never even made it to committee.
  2. Bills that do not get enacted during a legislative or congressional session die. They can not be voted on 10 years later.
  3. NO bill can be enacted by a legislative committee. Article 1 of the US Constitution explains very clearly how a bill becomes law.
  4. SB 2099 was not noteworthy legislation in 2000, and it is certainly nothing more than an arcane artifact of legislative trash today. It died 9 years ago.

Perhaps Judge Self's recent fiascos in Austin were the result of his taking legislative advice from the Legislative Chair of a local GOP club?

From: EMMADIANN@---.com [mailto:EMMADIANN@---.com]

Sent: Thursday, May 28, 2009 1:47 PM

To: Judge Robert Dry; Judge Oldner; Judge Copeland; Judge Douglas; Judge John E.Payton; Judge Johnny G. Lewis; Judge Mike Yarbrough; Judge Paul Raleeh; Judge Barry; Judge Danny Wilson; Judge Greg Willis; Judge Lewis; Judge Mason; Judge Ray Wheless; Judge Brewer; Judge Curt Henderson; Judge Cyndi Wheless; Judge Jill Willis; Judge John Roach Jr.; Judge Mark Rusch; Judge Suzanne Wooten; collincountygop@---.net

Subject: Re: Senate Bill SB-2099


To All Concerned,

I made my apologies for forwarding an email that I believed only described a Senate Bill working it's way through the legislature and when I did so I was unaware of the words that Judge Oldner highlighted and then forwarded on to a list of other people that even included those not originally on my email list. I offer as an example of those who were not on my original list; dottyrag@---.com, dclem26@---.com, dpanetti@---.org, noble.house@---, neudorff@---.net, camaral@---.com, shoer03@---.com, bestlawyer2000@---.com, mike@---.org, cpconrad@---.org, and the list goes on. Who are all these new people that Judge Oldner has sent my email to.....? I am ever so repentant for forwarding an email without reading every word of it - it was obviously a mistake, and I have emailed an apology to all on my email list taking responsibility for unknowingly forwarding an email that contained those words. As soon as I received the email from Judge Oldner, I emailed him an apology, but that did not seem to be enough. I serve as a legislative chairman for one of the local clubs and I try to keep its members apprised of all noteworthy legislation. The words highlighted by Judge Oldner do not define me as a person or my personal feelings or beliefs and if I had noted the words I never would have forwarded the email because I am aware of the damage something like that could do.

I am now beginning to suspect that this attack upon me might be part of another type of agenda. One that is even more callus and distasteful than one might suspect. There are some really strange things going on in this county.....for instance someone buying up all the websites that are spelled out similar to Judge Keith Self's website and trying to smear him by pointing to porn sites..... I am planning to have a fund-raiser at my home for the current County Judge Keith Self and now I seem to be the center of an attack for something that was a simple mistake that I have already apologized for?? Very strange indeed! I am here and I will be happy to answer any questions that anyone might have of me and I do wish that Judge Oldner would have personally called me to bring this to my attention and ask me about it instead of doing the things he has now done. It seems to me that would have been the more judicious manner in which to handle this issue if that was truly what he was interested in.

I remain,

Diann Jones

Bill

06/04/09

Permalink 01:06:47 am, by bill Email , 475 words,   English (US)
Categories: News Clippings, Indigent Healthcare

MNN - Health Care Crisis In Collin County?

Health Care Crisis In Collin County?

Tuesday, June 2, 2009
McKinneyNews.net / Brett Ryder

"We’re not talking about affording medical care, even the rich can’t afford medical care. We’re talking about affording medical insurance. The only people who pay retail are the indigent – because they have to."
John Ernst, Director of the Plano Adult Clinic

Representatives from a half-dozen area non-profit medical organizations convened Tuesday evening to discuss the growing need for indigent health care services in one of the state’s wealthiest counties.

Hosted by the Healthcare Committee of Collin County, a non-profit grassroots movement concerned about health care accessibility for the indigent and/or uninsured, the two-hour meeting at Plano’s Parr Library produced a unified opinion from its six person panel: Collin County indigent clinics are in desperate need.

Without exception, representatives from the clinics – most of whom operate within the confines of a severely limited budget and staff -- appealed for more cash, more in-kind donations, and more volunteers to meet increasing demand for services for those – both documented and undocumented – in need of medical assistance.

If the representatives were of one mind with regard to the dire need of fiscal assistance, they, too, were unanimous in their general lack of enthusiasm for myriad stipulations and restrictions placed on those clinics that accept county funding.

"I have a problem with the stipulations," said Cathy Reynolds, chairman of Frisco Cares Children's Clinic. "There are a lot of strings."

For fiscal year 2009, the Collin County Commissioners’ Court provided $199,954 of the more than $380,000 requested by roughly 12 clinics in the county.

County Judge, Keith Self, who heads the commission, has stated publicly that he would like to see the county grant program end.

HCCC has been meeting once a month at various Plano libraries since December. Barbara Walters, HCCC board member, said the meetings are open to anyone – county commissioners included. The Court has yet to send a representative, Walters said.

I just feel like they don’t really believe there’s an indigent problem in Collin County, despite the growth,” said Sandy Dickey, executive director of the Children and Community Health Center of McKinney, an organization that stopped applying for county grant dollars because of what she considers over-zealous qualifying stipulations.

Even at 200-percent of the federal poverty guidelines, health care is untenable, Dickey said. “How are you going to buy health insurance on $20,000 a year?” she asked.

We’re not talking about affording medical care,” said John Ernst, director of the Plano Adult Clinic, “even the rich can’t afford medical care. We’re talking about affording medical insurance. The only people who pay retail are the indigent – because they have to.

Those who aren’t seen at the clinics eventually make it to area emergency rooms, a trip, the panel agreed, whose tab is ultimately passed on to the taxpayer.

read more....

Permalink 12:05:11 am, by bill Email , 825 words,   English (US)
Categories: Observer Opinions, Politics

dumb and dumber

Ed Housewright at the Dallas Morning News published an article yesterday about an email blast sent by a Vice-Chair of the Collin County GOP. The email was sent by Vice-Chair Diann Jones to numerous Republican operatives and clubs.

District Judge Chris Oldner was so offended by what he termed as a 'derogatory racial message" in the email that the good judge chastised Ms. Jones in a stern emailed reply sent to her and dozens of other leading Republicans.

Diann Jones apologized but was quoted in the DMN as saying that she did not write the offending racial comment, but merely forwarded it on with out noticing it was there.

The Collin County Observer has obtained a copy of the email, and my examination would tend to support Ms. Jones claim. The statement that caused the offense appeared to be written by a person using the email address of Linda Jenkins, who is the Republican Precinct Chair in Collin County's Precinct 13.

Let me say that I'm not exactly shocked that there are some Republicans who would make racially derogatory statements. I daresay that there are members of all political parties who are capable of firing that kind of bigoted cheap shot. I applaud judge Oldner and Judge Dry for standing up and saying that race-baiting is inappropriate. Its worse than that, its hateful and un-American.

But having said all that, I really want to rant about the whole genre of political chain emails that I'll call 'political porn'.

This 'political porn' generally takes the shape of email blasts spread in viral fashion from one persons contact list to another. The emails are almost always patently false, but they are designed to incite fear and hatred of the opposition. they prey on the base fears of the ignorant, the uninformed...and it would appear of the GOP leadership here in Collin County.

Lets look at Ms. Jones' email blast.

First of all, this particular emailed porn warns of a Senate bill that will require registration of all guns, they will be taxed, and the owners fingerprinted. The email says that no one will knows this is going to happen because a Senate committee is amending the tax code - the emails contends that the committee can pass the law without a full Senate vote.

You've got to remember that Ms. Jones is a political operative. She sent her porn to other politically active folks. Have they never read the Constitution of The United States? Have they never taken a civics class? No committee can ever enact legislation. It takes both houses of Congress and a Presidential signature.

Now this email porn has been passed around the internet for almost a decade. It was originally written in 2000 as an attack on Bill Clinton's administration. The assertions in the email were marginally wrong in 2000 and nothing less than a big lie in 2009.

I see several of this type of emailed porn every week. Those who believe them are dumb, those who forward them off to their friends them are dumber still.

The email (recipients names deleted):

Diann,

I am offended by the derogatory racial message in the highlighted portion of the e-mail below. As a Republican elected official, I find this hostile race-baiting inappropriate and counterproductive. You are a leader of our party here in Collin County and greater care must be taken to eliminate this type of communication from being forwarded by or, God forbid, generated by our party leaders.

We are fighting to win the hearts and minds of the citizens of this County, this State and this Country. This only makes that fight more difficult.
Chris Oldner

--------------------------------------------------------------------------------
From: EMMADIANN@---.com
Date: Tue, 26 May 2009 09:03:42 -0400
Subject: Fwd: FW: Senate Bill SB-2099
To: EMMADIANN@---.com

Diann Jones

--------------------------------------------------------------------------------
"We found the real 'Hotel California' and the 'Seinfeld' diner. What will you find? Explore WhereItsAt.com.

--Forwarded Message Attachment--
From: ronjenk@---.net
To:
Subject: FW: Senate Bill SB-2099
Date: Mon, 25 May 2009 21:17:16 -0500

--------------------------------------------------------------------------------

From: Ronald Jenkins [mailto:nativetexan_01@---.com] Sent: Monday, May 25, 2009 9:12 PM Subject: FW: Senate Bill SB-2099

Another terrific idea from the black house and its minions.

--------------------------------------------------------------------------------

> Subject
> FW: Senate Bill SB-2099
>
>
>
> Senate Bill SB-2099 will require us to put on our 2009 1040 federal tax
>
> form all guns that you have or own. It may require fingerprints and a tax
>
> of $50 per gun.
>
>
>
> This bill was introduced on Feb. 24. This bill will become public
>
> knowledge 30 days after it is voted into law. This is an amendment to the
>
> Internal Revenue Act of 1986. This means that the Finance Committee can
>
> pass this without the Senate voting on it at all.
>
>
> The full text of the proposed amendment is o n the U.S. Senate
>
> homepage http://www.senate.gov and search on "SB-2099".

> You know who to call; I strongly suggest you do. Please send a copy of
>
> this e-mail to every gun owner you know to help STOP this bill!!
>

--------------------------------------------------------------------------------
Hotmail® has ever-growing storage! Don’t worry about storage limits. Check it out.

Bill

06/01/09

Permalink 10:52:14 pm, by bill Email , 257 words,   English (US)
Categories: Observer Opinions, Indigent Healthcare

Panel to discuss non-profit clinics role in health care

The newly formed non-partisan Healthcare Committee of Collin County (HCCC) is hosting a panel discussion Tuesday night, June 2 on the capabilities and role of the non-profit, charitable clinics in offering health care to the poor and uninsured.

Members of the panel include, John Ernst, Executive Director of the Collin County Adult Clinic, Sandy Dickey, Clinic Administrator - Children & Community Health Center, Bea Vallejo, Clinic Administrator - Frisco Children's Clinic, Carolyn Rice, Executive Director - Geriatric Wellness Center of Collin County, and Jackie Hall, Executive Director - Assistance Center of Collin County.

Every year, thousands of poor, uninsured Collin County residents receive low cost health care and services from non-profit clinics and organizations manned with volunteer doctors and staff. With the rising cost of insurance and frequently the unavailability of getting family coverage, the charitable clinics have served to provide a critical safety net for our working poor.

For the last several years, Collin County has provided some grant funds to help these clinics and social service organizations. The County's grant or 'fee for service' program is currently under review for renewal. The commissioners court has scheduled public discussion of the grant process later this month.

The HCCC program will be held at Plano's Parr Library, 6200 Windhaven Parkway Tuesday (tonight) from 7 PM to 9 PM. The meeting is free and the public is invited.

The Healthcare Committee of Collin County is a nonpartisan grassroots organization focused on improving healthcare for everyone in Collin County.

Bill

Full disclosure requires that I inform my readers that I serve on the board of the HCCC.

Permalink 10:16:58 pm, by bill Email , 208 words,   English (US)
Categories: Observer Opinions, Mobility, Law, Crime & Punishment

Local red light cameras survive legislature

The Texas Legislature adjourned sine die tonight without passing sunset legislation for several major Texas agencies, including TxDOT.

Buried in the TxDOT sunset bill was a provision cobbled from another failed bill that would have prohibited new contracts for red light cameras. Since the sunset bill (HB300) did not survive, the Governor will almost certainly have to call the legislature into special session.

A few Collin County cities presently use these red light cameras. Frisco opted to let their contract run without renewal. Had HB300 passed, the cameras in Frisco would have shut down.

Plano however choose to renew its contract. Plano's new contract with its vendor runs through 2012.

Critics of the red light cameras charge that their main purpose is to raise money for cash strapped cities while defenders cite statistics showing lower collision rates at intersections with the cameras.

Efforts to prohibit red light cameras have been unsuccessful in previous legislative sessions. In an effort to avoid abuse, the legislature in 2007, enacted new, more stringent rules for cameras, capped fines and split net revenues between the state and cities.

Regardless of the arguments, unless a special session adds a ban on these cameras, they will be legal at least until the next legislative session in 2011.

Bill

05/28/09

Permalink 01:32:52 am, by bill Email , 377 words,   English (US)
Categories: News Clippings, Good Governance

County loses, State finds $80,000

Every year, the State Comptroller lists unclaimed money that has been sitting in old bank accounts.

The Dallas Morning News reports that the Comptroller found over $80,000 that belongs to Collin County but has been unclaimed. These funds have been abandoned for more than 10 years.

Most are funds that were sent to the County Tax Assessor, Kenneth Maun.

You can see the list of all funds held for the county at the Comptrollers "Abandoned Property" web site.

Bill

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

Thousands of dollars going unclaimed by North Texas cities, agencies

06:54 AM CDT on Wednesday, May 27, 2009

By SCOTT FARWELL / The Dallas Morning News

In an age of bank bailouts and runaway foreclosures, of gaping holes in government budgets and looming layoffs, several North Texas public agencies have left money on the table.

Consider Collin County.

A search of the Texas comptroller's "Unclaimed Property" Web site – a database of misdirected and uncashed checks – reveals about $80,000 languishing in the state account.

The city of Dallas is owed about $17,000, the Dallas County tax assessor an estimated $2,700 and the Dallas Central Appraisal District about $1,700.

Texas law requires businesses, financial institutions and governments to send unclaimed funds to the state. In some cases, the money is an employee's final paycheck or utility deposit or proceeds left over from a real-estate deal.

"Who can't find us?" said Collin County Tax Assessor Kenneth Maun. "My understanding is this is where utility deposits and things like that go when you can't find where to send the check."

For Collin County and others, the money has been piling up for more than a decade.

The Collin County child support office has let $159.69 from the Saddle Creek Corp. linger since 2007. A $15 check from First Bank has been awaiting the Collin County clerk's office since 2003.

And the Collin County district attorney's office, also since 2003, has left an $831.66 check go unclaimed from First State Bank.

About $1.8 billion has accumulated in the state account since the 1960s. It belongs to residents, businesses and government agencies.

read more....

Money for the taking

Wednesday, May 27, 2009
The Dallas Morning News

A sampling of entities with unclaimed money:

Collin County – $80,000
Dallas County tax assessor's office – $2,700
Dallas Central Appraisal District – $1,700
City of Dallas – $17,500
Dallas Independent School District – $2,100
The Dallas Morning News – $2,400

NOTE: Totals are estimates.
SOURCE: Texas comptroller's office

Permalink 01:00:35 am, by bill Email , 205 words,   English (US)
Categories: News Clippings, Observer Opinions, Law, Crime & Punishment

WFAA - Tardy DVD borrowers arrested in Wylie

Steve Stoler of Channel 8 News called me Wednesday to ask about my CATS story on the Observer. I walked him through the court records site on the web, and his reporting is below.

The story is now the most emailed article on WFAA's web site.

It would have been nice had Stoler credited the Observer.

Bill

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

Tardy DVD borrowers arrested in Wylie

Wednesday, May 27, 2009
By STEVE STOLER / WFAA-TV

Watch Video

WYLIE —
We've all been there — late in returning a DVD or video. But a Wylie video store is taking a hard line, and its tardy customers could end up in handcuffs.

Mike Bell, the owner of Video Hits on Kirby Street, says he's just protecting his livelihood.

The Video Hits rental agreement spells it out very clearly: If movies are not returned within seven days of their due date, you will be charged full retail price and all extra rental days.

Bell went to a Collin County justice of the peace to file paperwork on dozens of his customers who were charged with theft of services.

The court issued arrest warrants for those who failed to pay up.

Some Video Hits customers paid fines of up to $870; others were arrested by the constable.

read more....

05/25/09

Permalink 01:05:41 am, by bill Email , 1065 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

C.A.T.S.

In most of the country, if you don't return a rented video or DVD, you get a nasty letter, then a call from a collection agency. Not so in Wylie.

In Wylie, if you forget to return a DVD or keep it too long, you might just get arrested.

My research into the Precinct 2 Justice of the Peace Court dockets reveal at least 75 people have been arrested and sent to jail simply for not returning rented videos. I also looked at the rest of the county, and JP Precinct 2 is the only court that has issued an arrest warrant for DVDs.

I've spent quite a bit of time looking at Justice of the Peace court dockets and statistics.

What I've learned is that many of the courts handle unique workloads that differentiate themselves from the other JP courts. For example, Precinct 4 encompasses much of the George Bush and Dallas North Tollways, so Judge Yarbrough's docket is generally full with warrants for failure to pay toll. In fact he gets so many tollroad cases that the NTTA pays the salary for one of his clerks.

Judge Payton's district 3-2 court handles lots of truancy cases filed by the Plano ISD.

The court with the smallest caseload is Judge Terry Douglas' Precinct 2 district. Precinct 2 encompasses south-eastern Collin County and it has by far the lightest workload. It is also the only JP Court that enforces video rental agreements.

In looking over the dockets of Precinct 2, I noticed a number of cases titled CATS - all but one filed by a Wylie video rental shop owner. Over the last several years, more than 75 people have had arrest warrants issued and were jailed for this crime of CATS. All but two were later adjudicated 'guilty'.

It took some searching but I did find out that CATS is an abbreviation for "Criminal Attempt - Theft of Service" or in plain english, not intending to return your movies on time.

Not returning rented goods is a crime in Texas, just as is check walking in a restaurant or driving off from a gas pump, and is classified as "theft of service". Theft of service for an item valued between $20 and $500 is defined in the Texas Criminal Code as a Class B misdemeanor.

Class B misdemeanors are tried and adjudicated in one of the 6 Collin County Courts at Law in McKinney. The Courts at Law are serious courts, with prosecutors assigned to each of them. These courts are courts of record, meaning that every word said in them is recorded and transcribed by court reporters. Trials in a County court at Law are expensive and formal.

Not so with a Justice of the Peace court. More often than not the defendants do not have an attorney, and the state does not have a prosecuter. Sometimes called the peoples courts or small claims courts, the JP justices typically deal with traffic offenses, evictions, truancy and small law suits. They tend to be more informally run than a Court at Law - in fact while Court at Law judges are required to be licensed attorneys, JP judges are frequently not lawyers but ex-police officers.

The Texas Penal Code has created a class of crimes called "Criminal Attempt". These crimes are similar in nature to conspiracy crimes, in that the crime is one of intent, not actions. The law defines Criminal Attempt as, "A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended." (another section of the law says that Criminal Attempt still applies even if the offense attempted was carried out).

The penalties for Criminal Attempt are one class lower than the crime attempted. So if you attempt a Class B misdemeanor, the charge of Criminal Attempt to commit that misdemeanor becomes a Class C misdemeanor.

Class C misdemeanors are tried in the JP courts.

So if you had the "specific intent" to steal a DVD form a rental store, and you didn't return it, you could be charged with either the Class B charge of 'Theft of Service' OR the Class C charge of 'Criminal Attempt - Theft of Service'. Filing the case in the JP court is easier and faster.

In email correspondence with Judge Douglas, I asked him if the court had any guidelines on what CATS cases it would accept, for example was there a minimum dollar loss required, or a length of time the item was overdue?

Judge Douglas responded with, "Criminal attempt cases are accepted by the court just as any other cases. Precinct Two has always accepted any case that comes before it."

These CATS cases come before Judge Douglas' court because one video store in Wylie routinely files them for overdue rentals. I spoke with the owner and he told me that while the large video chains used bill collectors to recover overdue fees, his was a small, independent store and it was more effective to use the court. He told me that he sends the renter a certified letter, then files a CATS complaint in Judge Douglas' court. I asked him if he still filed charges if the video was returned. His answer was "yes, if the certified letter has already been mailed".

Of the 75 people I found who were arrested for CATS, only one was found "not guilty" and one has his case dismissed. The others pled guilty and where assessed fines ranging from "time served to $923.

Most pled guilty, I would assume, to just end the hassle and get out from under the warrant.

Quite a few had addresses no where near Wylie. They had moved away, but did not return their videos before leaving town.

Collin County's law enforcement officers are responsible for executing the tens of thousands of currently active arrest warrants. I'd imagine that a Sheriff's deputy costs the taxpayers well over $70,000/yr in salary, benefits and equipment.

We charge our police and deputies with keeping us safe in our homes and on the streets. We need them to relentlessly pursue fugitives from justice. The bad guys need to go to jail.

Someone really needs to ask the question of how much time do we really want our law enforcement officers to spend ridding our streets of these nefarious DVD absconders. Are our cops crime fighters or bill collectors?

Bill

Permalink 12:09:30 am, by bill Email , 482 words,   English (US)
Categories: Observer Opinions

The first national Memorial Day

HEADQUARTERS GRAND ARMY OF THE REPUBLIC
General Orders No.11, WASHINGTON, D.C., May 5, 1868

1. The 30th day of May, 1868, is designated for the purpose of strewing with flowers or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet church-yard in the land. In this observance no form of ceremony is prescribed, but posts and comrades will in their own way arrange such fitting services and testimonials of respect as circumstances may permit.

We are organized, comrades, as our regulations tell us, for the purpose among other things, "of preserving and strengthening those kind and fraternal feelings which have bound together the soldiers, sailors, and marines who united to suppress the late rebellion." What can aid more to assure this result than cherishing tenderly the memory of our heroic dead, who made their breasts a barricade between our country and its foes? Their soldier lives were the reveille of freedom to a race in chains, and their deaths the tattoo of rebellious tyranny in arms. We should guard their graves with sacred vigilance. All that the consecrated wealth and taste of the nation can add to their adornment and security is but a fitting tribute to the memory of her slain defenders. Let no wanton foot tread rudely on such hallowed grounds. Let pleasant paths invite the coming and going of reverent visitors and fond mourners. Let no vandalism of avarice or neglect, no ravages of time testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic.

If other eyes grow dull, other hands slack, and other hearts cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remain to us.

Let us, then, at the time appointed gather around their sacred remains and garland the passionless mounds above them with the choicest flowers of spring-time; let us raise above them the dear old flag they saved from dishonor; let us in this solemn presence renew our pledges to aid and assist those whom they have left among us a sacred charge upon a nation's gratitude, the soldier's and sailor's widow and orphan.

2. It is the purpose of the Commander-in-Chief to inaugurate this observance with the hope that it will be kept up from year to year, while a survivor of the war remains to honor the memory of his departed comrades. He earnestly desires the public press to lend its friendly aid in bringing to the notice of comrades in all parts of the country in time for simultaneous compliance therewith.

3. Department commanders will use efforts to make this order effective.

By order of

JOHN A. LOGAN,
Commander-in-Chief

N.P. CHIPMAN,
Adjutant General

Official:
WM. T. COLLINS, A.A.G.

05/24/09

Permalink 10:51:46 pm, by bill Email , 686 words,   English (US)
Categories: Observer Opinions, Open Government

County Health Care Advisory and MHMR Boards meet in secret, illegal meetings

The Collin County Commissioners have established several citizen committees that advise the court on a myriad of issues.

For example, did you know that the county had a planning board?

The Collin County Planning Board meets monthly and advises the commissioners court on long range infrastructure improvements. Right now they are working on determining the feasibility of a multimodal hub in the eastern part of the county. This hub would facilitate the transport of goods in the region by creating a place where rail, truck and possibly airfreight could transfer cargoes. The hub, or 'inland port' could produce lots of jobs and be a huge economic engine.

I know about the Planning Board, and I attend some of its meetings, because the county publishes a legal notice and agenda before each meeting. These notices and agendas are required by law to be posted in the courthouse and on the internet.

To comply with the law, Collin County maintains an internet site that posts all meeting notices, agendas and minutes.

While most committees do follow the law and post their agendas, two of them can not seem to get it together enough to inform the citizens of their actions. They operate in the shadows. Their meetings violate both the letter and the spirit of the Texas Open Meetings Act.

The Health Care Advisory Board meets several times a year. One of its main functions is to advise the Commissioners Court on the non-profit health care grants program. This board screens applications for the service grants and makes budget and policy recommendations that greatly affect the delivery of indigent health care services.

While it has been over a year since the Health Care Advisory Board has publicly published its minutes or agendas, it recently issued the 2010 non-profit service agreement recommendations to the commissioners court. Since there was no public notice, interested citizens including this author, were not given the opportunity to observe or comment on the proceedings. That would make the meeting of this board illegal under the Texas Open Meetings Act, and its actions voidable.

The county's Mental Health Board also has not posted any agendas or minutes. Like the Health Care Advisory Board, it advises the commissioners, but it meets in such a way that citizen input is impossible.

The Open Meetings Act requires that all citizen appointees to county boards undergo required training in Open Meetings and Open Records legal requirements. By holding these unannounced meetings, the law allows the individual members of these boards to be prosecuted and convicted of misdemeanors.

Most of the county's citizen committees and boards do find a way to comply with the laws. Only these two indigent health care related committees refuse to obey the law.

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

These Citizen Committees have NOT posted agendas on the county website:

  • Health Care Foundation Advisory Board
  • Mental Health and Retardation Board

Citizen Committees that DO post agendas on the county website are:

  • Collin County Child Protective Services Board
  • Collin County Historical Commission
  • Myers Park & Event Center Advisory Board
  • Park Foundation Advisory Board
  • Planning Board

New citizen committees committees that have not yet posted any agendas include:

  • Collin County Citizen Efficiency Committee
  • Collin County Executive Roundtable Committee
  • Citizens Academy

Regulatory and Judicial Commissions that have statutory authority. These commissions do generally (but not always) post agendas on the county's web site:

  • Bail Bond Board - Consists of representatives from the Sheriff's department, District Attorney, Judges and Municipal judges. Regulates bond licenses and rules.
  • Board of Judges - Composed of all 7 District Court Judges; manages the Auditors Department. Authority to hear appeals from and impeachment of commissioners court.
  • Community Supervision and Correction - Comprised of all District and and County At Law Judges, budgets and supervises adult probation.
  • Elections Board - Members are the County Judge, County Clerk, County Tax Assessor/Collector, and the county chairs of the major political parties. This board hires the County Election Administrator.
  • Juvenile Board - Made up of the County Judge and District judges; hires, budgets and manages Juvenile probation and detention.
  • Purchasing Board - Made up of 3 district judges and 2 county commissioners, this board hires the Purchasing Agent and budgets his department.

Bill

05/22/09

Permalink 11:28:45 pm, by bill Email , 628 words,   English (US)
Categories: News Clippings, Mobility

DMN - DART, The T want to partner with private companies to fund Cotton Belt Rail Line

DART, The T want to partner with private companies to fund Cotton Belt Rail Line

Friday, May 22, 2009
By MICHAEL A. LINDENBERGER/ The Dallas Morning News

DART and Fort Worth’s The T want to partner with private companies to build a 68-mile passenger rail line that would stretch from Fort Worth to the airport to Addison to Plano and onto Richardson, with service beginning as soon as 2013.

The unusual partnership with private firms would speed up the long-planned project known as the Cotton Belt Rail Line. DART has planned to build portions of the Cotton Belt for years, but its current financial plans allocate no money to do so until 2027. Agency officials said Friday that private firms’ involvement could speed construction by 15 years or more, and that some services on the new line could open within four years.

This is new territory for us and for a lot of people,” Lyons said. “So we wanted to send this request out to see who is interested.

Public-private partnerships have become more common in Texas in recent years, as Gov. Rick Perry has pushed their involvement as a way to fast-track the building of toll roads throughout the state. Private companies are set to rebuild LBJ Freeway and the Southwest Parkway in Fort Worth, for instance.

But that approach has only rarely been used for other types of major transportation infrastructure — and all but non-existent among American transit agencies. A proposal to privatize Midway Airport in Chicago fizzled earlier this year, and their use in passenger rail lines has been extremely rare within the United States.

Still, DART has been studying the approach for more than a year, and is using a watered-down version of public-private partnership to hasten the completion of the Orange Line to Irving. That approach, called a design-build agreement, allows a private company to bid on both the design and construction phases of a contract at once, with the result that the project can be completed more quickly but with less oversight by the public entity.

But what the agencies have in mind for the Cotton Belt is far more aggressive, and would involve private firms investing in, and operating at least for a time, rail lines in a way that remains extraordinarily rare in this country. That’s partly because unlike toll roads, rail lines aren’t profitable without enormous public subsidies.

In general, DART is hoping that a private form will agree to build and operate the rail line between now and 2027, when DART and The T would have their own money to take over both capital and operations cost. One idea for how to compensate the private companies — in addition to given them fare revenue — is to share with them some of the property tax revenue generated by the new development expected along the line.

An open-house on the project has been scheduled for June 12 at 9 a.m. at DART’s Union Station in Dallas.

The three segments of the rail line include:

• Segment 1: This line extends from the airport to downtown Carrollton, moving east from Carrollton to connect with DART's Red Line Bush Turnpike Station. It would connect with the DART Green Line and perhaps the proposed Denton rail line. This line would serve DART member cities Farmers Branch, Addison, Dallas, Richardson and Plano, according to DART.

• Segment 2: This begins at Sycamore School Road southwest of Fort Worth, and would continue along the Fort Worth & Western Railroad corridor toward downtown Fort Worth, DART said. It would connect with the TRE commuter rail line service at the T&P Station.

• Segment 3: This would extend north from downtown Fort Worth’s ITC Station, and include stations in Haltom City, North Richland Hills, Colleyville, Grapevine and the D/FW International Airport.

read more....

Permalink 03:51:09 pm, by bill Email , 806 words,   English (US)
Categories: News Clippings, Observer Opinions, Religion

1st Amendment clashes in the Bible belt

Two recent local news stories illustrate the clash between religion and society in Collin County.

In the first, Frisco ISD allow the Gideons (better known for putting bibles in hotel rooms) to set up tables in schools once a year to distribute Bibles to students. Some parents objected.

The Dallas Morning News' Frisco Blog reports that the ACLU is looking into the issue to determine if there are any 1st Amendment violations. 'll be surprised if any legal action is filed, most likely the ACLU is just firing a 'warning shot' to keep the playing field level.

I really would be interested in seeing how FISD and the community would react to the Plano Mosque setting up shop in one of their High Schools to distribute Korans, or say if the American Humanist Society wanted to distribute Huxley.

The second story is more disturbing.

Channel 11 News reports that an employee of a McKinney chiropractor charges that the good 'doctor' fired her for being an atheist. The 'doctor' does state that he runs a Christian workplace, and that until recently he did not know that the employee, who recently had a mastectomy and is battling stage IV breast cancer, was an atheist. The former employee has filed complaints with the EEOC and the Texas Workforce Commission. My guess is that she's going to win big time - and that 'doctor' is in real need of some counseling on both the 1st Amendment and the 2nd Greatest Commandment.

Bill

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

ACLU investigates Frisco bible incident

5:49 PM Thu, May 21, 2009
Jessica Meyers/Reporter / The Dallas Morning News

The American Civil Liberties Union of Texas has launched an investigation into the distribution of religious materials in the state's public schools. This follows the Bible hand-out by Gideons International at Frisco secondary schools last week.

The Austin-based group has filed an open record requests with the Frisco ISD as well as the Marshall, Plano, Westwood (Palestine), Wichita Falls and Wylie (Abilene) districts.

"We have gotten a number of complaints from parents and students and they seem to be escalating," said Lisa Graybill, the ACLU of Texas' legal director.

The organization is looking into whether the schools are pushing the material rather than merely displaying it. Graybill said Frisco was one of a number of Texas schools dealing with this issue and is not necessarily at fault.

"What we are looking at is excessive entanglement and coercion," she said.

"When a school invites them into the classroom and allows them to walk down the aisles, they are endorsing rather than just making the material available."

Some of the complaints involved shaming or abuse by other students, another reason to examine the incidents, Graybill said.

"What's often lost on some folks is that we are actually in support of religion. It's so serious we want to preserve that right and let parents do as they see fit, not the schools."

link to story....

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

Woman Says She Was Fired For Not Believing in God
Atheist Claims Discrimination Against McKinney Doctor


Jay Gormley / CBS 11 News

View Video

As an atheist, Amanda Donaldson of McKinney? said she had no problem working for a chiropractor who runs a Christian-based practice. However, Donaldson claims he had problems with her.

"He said, 'I don't like the negative behavior you're exhibiting because you don't have God. You need to accept Christ,'" Donaldson said.

Donaldson filed complaints with the Equal Employment Opportunity Commission and the Texas Workforce Commission, claiming she was fired May 4 from Dr. Scott Dawson's office in McKinney? because she's an atheist.

Donaldson claims he told her, "There is no room for your thoughts and opinions on God in my work place. Would you please give me your key?"

Donaldson is being treated for breast cancer. She says Dr. Dawson read a blog on a cancer-fund website established for her. That's where Dr. Dawson admits to reading anti-Christian remarks written by Donaldon's husband.

"They (Christians) are very hypocritical people. Not all of them. My dad is a Christian, and he's very understanding," said Brant Donaldson, Amanda's husband.

But Dr. Dawson said he had no idea that Amanda was an atheist while she was employed at his office.

"The fact that she does not believe in God is relatively new news to me. She prayed with some folks at different times. So I have seen her claim to be a Godly woman," he said.

Dr. Dawson said although he had serious issues with Amanda's job performance, he never fired her. He claims she left on her own.

"Amanda was not fired. She stormed out after we had a disagreement on the quality of her work one morning," he said.

Dr. Dawson said Christianity is a major part of his life and it's clearly evident in his office. However, Dawson said it was not a factor when the two parted ways.

link to story....

05/21/09

Permalink 01:14:55 am, by bill Email , 872 words,   English (US)
Categories: Observer Opinions, Open Government, Law, Crime & Punishment

Family sues City of Murphy over tot's death

It's been 17 months since the tragic death of 2 year old Matthew Cantrell. The Murphy toddler became entangled in a back yard soccer net and was strangled.

There has been much controversy concerning the City's emergency response to Matthew's Mother's 9-1-1 call. The city has issued two somewhat contradictory reports on the incident - both exonerated city staff.

Neither report has satisfied critics (this author included).

Yesterday the aftermath of the death of young Matthew took a new direction. Matthew's parents filed a federal law suit against the city, the 9-1-1 dispatcher and the ambulance provider.

The family's suit charges that the City police, 9-1-1 operator and ambulance crew violated the constitutional rights of the Cantrells by recklessly delaying life saving measures that might have prevented the child's death. The suit seeks unspecified punitive and actual damages.

The family also engaged a public relations firm to handle publicity. The Collin County Observer received the following press release from the Dallas PR firm of Allyn Partners:

A Parent’s Worst Nightmare: Why Didn’t Murphy First Responders Try to Save 21 Month Old Matthew Cantrell?

Father says son’s life could have been saved if only police would have tried; 911 operators wasted critical minutes; officers failed to administer CPR and incorrectly pronounced Matthew Cantrell dead, blocked paramedics from assessing the child.

Murphy, TX, May 20, 2009 – The City of Murphy and the East Texas Medical Center are named as defendants in a federal lawsuit filed yesterday in the U.S. District Court for the Eastern District of Texas because of their complete failure to try to save a 21 month old boy, says the victim’s father, Michael Cantrell.

According to Matthew’s father, city officials, 911 operators and first responders behaved in a way that would horrify Murphy residents.

In October 2007, Cantrell’s 21 month old son, Matthew, accidentally strangled himself in a backyard soccer net. The 911 operator would not instruct Matthew’s mother, Ave Cantrell, how to administer CPR, despite her eight different pleas for help and requests for CPR instructions that can be heard on the call. Ave's call was then transferred to a medic at East Texas Medical Center, who also refused to give her CPR instructions or any other help with her son. Then, either the 911 operator or the ETMC medic simply hung up the phone on her upon the arrival of first responders.

First responders on the scene, Officer Kevin McGee? and Officer Clayton Dacey, forcibly removed Mrs. Cantrell as she was attempting to save her son. Officer Dacey imprisoned Mrs. Cantrell in the master bedroom with his hand on his pistol. Officer McGee? tried to prevent paramedics from entering the house, stating to the paramedics that Matthew was dead and this was a crime scene. The police officers were wrong; Matthew was still alive and additional precious minutes were wasted. Matthew Cantrell died three days later in the hospital.

My son Matthew should be alive today, and would have celebrated his third birthday in January. But he’s not. When you call 911, you think they’re going to help. But here, no one tried to help – not the 911 operator, not the Murphy police officers who were first on the scene. Not one of them tried to save my boy’s life . . . that’s what first responders are supposed to do – administer CPR,” said Matthew’s father, Michael Cantrell. “No parent should ever have to bury a child. It goes against nature and is beyond devastating. It happened to us because they didn’t try to save him. We can’t let this happen to anyone else.

The complaint names as defendants: City of Murphy and East Texas Medical Center and the following city officials and agents in their individual capacities – Police Chief William Myrick, Officer Kevin McGee, Officer Clayton Dacey, Lieutenant Adana Barber and ten John Doe individuals.

A Troubled Police Department. Officer Kevin McGee, a defendant named in this lawsuit, was sued in 2008 for using excessive force against a minor. Officer Kevin McGee and Lieutenant Adana Barber were also involved in the controversial 2006 “To Catch a Predator” sex sting operation. Lieutenant Barber was the subject of a 2007 Esquire article on the suicide of a sex sting suspect, former Collin County District Attorney Bill Conradt.

Protecting Children. Mr. Cantrell’s lawsuit names only the parties who acted negligently in response to Matthew’s tragic accident. After Matthew’s death, due in part to the Cantrell’s efforts, the U.S. Consumer Product Safety Commission recalled the 5‐inch by 5‐inch soccer net Matthew became tangled in.

Mr. Cantrell also commended the staff of Medical City Children’s Hospital:

I’d like to thank the professional and compassionate staff from Medical City Children’s Hospital of Dallas. From the nurses to the neurologists, everybody at Medical City Children’s Hospital acted quickly and resourcefully to try to save Matthew’s life. They did everything they could to help my son… a stark contrast to the series of events that transpired previously.

Bill

Notes:

The law suit filed May 19, 2009 - Cause No. 6:09-cv-225

Revisiting the Cantrell tragedy - Murphy 911 and emergency response times CCO, December 14, 2008

Murphy City Manager's report on toddler death clears officer's actions CCO, November 18, 2008

Cover up in Murphy? Is city telling the real story of toddlers death? CCO, November 17, 2008

05/20/09

Permalink 01:15:25 am, by bill Email , 1844 words,   English (US)
Categories: Observer Opinions, Poverty, Law, Crime & Punishment

Alandra's baby

Last Sunday, I wrote a piece about an unusual child custody case that took place in a Collin County courtroom. I wrote the article based solely on the decision handed down by Texas' 5th Court of Appeals.

The court reversed the jury verdict that had terminated the parental rights of a young immigrant mother.

Now, I want to tell you the story of that young mother. Because this case involves a minor child, I will not use real names. I'll call the mother Alandra.

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

Alandra was born in a very rural, very poor part of central Mexico. She is of Indian blood, a descendant of the ancient Aztecs. She grew up speaking the old Aztec language of Nahuatl and only learned Spanish when she began going to school.

The Nahuatl people are among the poorest in Mexico, most are impoverished subsistence farmers and few can find work above the minimum wage. They are at the bottom of the socio-economic ladder in a nation where the bottom is very, very low.

When she was young, she was stricken with a bout of appendicitis - the subsequent surgery was poorly done, and since then she has complained of pain and has had irregular periods.

Escaping the crushing poverty of her home, Alandra left her family and moved north to seek work and wages in the United States. She ended up in Collin County, working on an assembly line type job, stuffing meat into boxes. She spoke no English, had no car, no driver's license and lived in a 2 bedroom apartment with at least 6 other adults - many of them complete strangers.

On March 14, 2007, at the age of 20, Alandra found herself suffering from severe abdominal pain - she was bleeding heavily, but she made her way to the Medical Center of McKinney.

She assumed that she was suffering from lingering complications from the earlier appendectomy. Instead, she was stunned to hear Dr. Cesar Reyes tell her that she was pregnant, that the child was in breech and that surgery had to be done immediately. The doctors then performed an emergency Cesarean section on the frightened girl.

Alandra's surgery was successful and she gave birth to a healthy baby boy. While still in the recovery room and under the influence of pain killing drugs, she was heard to say that she didn't want to have a baby. Later, she asked for her son and stated that she wanted to keep him. But a member of the hospital's staff was concerned that Alandra did not seem to be bonding with the boy, and called the Texas Department of Family Protective Services (FPS).

FPS never gave Alandra a chance to show her ability to care for her son - the state took the boy into protective custody while mother and baby were still in the hospital. The boy was placed with Anglo foster parents who spoke no Spanish, much less Nahuatl.

Five days after the baby was born, FPS filed suit for custody and was appointed the temporary managing conservator of the baby boy. The court ordered Alandra to submit to a psychological evaluation, counseling drug/alcohol assessment, random drug testing and parenting classes.

Alandra, even though she had done nothing to harm her baby, and had done nothing wrong at all, was now subject to the will of the court and Child Protective Services (CPS). She had to submit or lose her son forever.

She tried to do what they wanted. She went to the counseling, she passed all the drug and alcohol screens, all the drug tests and the psychological evaluation showed no signs of mental illness. She kept her job, and she was never in trouble. She had to rely on friends to get her to the counseling center and to CASA, where once a week she was allowed to visit her son for two hours - under constant supervision.

During these visits Alandra cuddled and kissed her son. She changed his diaper and asked about his teething and eating habits. She asked for pictures of him and asked if she could buy him a toy. CPS still questioned whether she was sufficiently 'bonding' with her baby boy.

Alandra's largest problem, as far as CPS was concerned, was her living arrangements. Soon after the baby was born she moved out of the crowed apartment and tried to improve her situation. She moved 4 times that year. At one point, CPS was considering returning her son, but she lived with a family and one day the man hit her. Alandra quickly moved out. A CPS investigator testified that "Mom had made a good decision in getting out of a possible [sic] very violent situation."

Alandra finally moved in with a boyfriend in what became a stable relationship. She had begun to buy baby stuff. CPS reported that her home life was stable, her home was clean and there was food available.

But then in December of 2007, CPS informed the court of its desire to terminate Alandra's parental rights, and in February of 2008 it asked the court for a 3 month extension of custody.

A jury trial was held In Judge Cynthia Wheless' court at the Collin County courthouse in March of 2008 in front of an all white, all Anglo jury.

In his opening statement the State's attorney noted that he was going to talk about "the differences in parenting styles and about what a child's needs are". He told the jury that he wanted them to "listen to everything she [Alandra] has to say because, honestly, I've never seen a parent work as hard as Alandra has."

The foster parents testified at that trial. The foster family was white, middle class. The father was a church director. They had given the boy a good home, in fact the only home he had known in his entire life. At that trial, the foster parents testified that they wanted to adopt Alandra's baby boy.

CPS experts questioned whether Alandra had 'bonded' with her child and if she had fully fulfilled by the court's and CPS' requirements.

Alandra's attorneys argued that she had never once done anything to harm or endanger her son, that she had done her very best, in difficult circumstances, to follow the court's demands and had in fact been tenacious in her efforts and desire to be reunited with her baby.

The jury was asked to answer questions of fact (using the standard of "clear and convincing evidence"). The jury determined that Alandra had not placed the child in danger or harm. However they also decided that Alandra had not fully complied with all the provisions of the court's orders.

The jury then determined that the termination of Alandra's parental rights was in the best interest of the child.

One year later, the 5th court of Appeals reversed the termination based only on their opinion that the 3 month extension granted by Judge Wheless was wrongly granted.

Alandra still does not have custody of her boy. In order to give the State time to prepare any further appeal, the appeals court order is not effective until July 24th.

Today, Alandra's attorneys were notified that the State of Texas would in fact appeal the decision to the Texas Supreme Court. The attorneys were also told that the foster parents would be suing Alandra to gain permanent custody of her baby. They still want to adopt him.

It is unknown whether Alandra will get to visit her baby boy before the Supreme Court rules - a process that could take a year or more.

Bill

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

Bill comments:

In order to tell this story, I have purposefully avoided legal arguments and citations. The requirements for terminating parental rights can be found in the Texas Family Code, Section 161.001. The jury verdict was based on this section of the law.

The arguments and facts of the case can be found in the records of Collin County's 417th District Court. The case number is 417-51250-07. The 5th court of Appeals case number is 05-08-00875-CV. I wrote this based on my reading of those records and on my conversations with several people who were familiar with the details of the case and who knew Alandra.

I've been told by several family attorneys in Collin County that the situation Alandra is facing is far from unique. In fact one prominent lawyer who practices family law here told me they call these cases, "give that kid a ticket to the middle class."

I'm not smart enough to say what is in the best interests of Alandra's baby boy. Is he better off living with a loving middle class white family who can give him opportunities and an education, or is he better off living with his mother and his people - in the culture they have lived in for centuries?

I know that history is full of examples of a dominant culture removing and adopting children from a weaker or impoverished minority and raising them as their own. Here in the USA we had the "Orphan Train" of the 1800's, and the removal of thousands of American Indian children in the early part of the 20th century. Australia removed their thousands of Aborigine children during the middle part of the 20th century - almost wiping out that ancient culture.

I don't doubt the good intentions of the foster parents or the jury. I'm sure they, like Alandra, tried to do the best they could for the child. I do however wonder if a Collin County jury can truly empathize with a person like Alandra.

Like many of my neighbors, I moved to Collin County because I wanted to raise my children in a safe environment. We tend to fear those who are poor, and those who are "not like us". As an example, we fight against low income housing because we believe it will attract "drug dealers, child molesters and thieves".

I suspect we subconsciously believe that poor people are at fault for being poor. Some local attorneys told me that the jury's decision in Alandra's case would likely not be the same in a city like Dallas or in South Texas, because there the juries are more diverse, some of the jury member are poor or in a cultural minority or are related to folks who are.

But regardless of where the trial was held, Alandra did nothing wrong. She never harmed or abused her baby. She steadfastly fought to gain custody of him. While handicapped by language, culture and poverty, she still tried to obey the court. She loves her son and desperately wants her opportunity to be his mother.

The baby did nothing wrong either, and while our culture puts a high value on the parent child relationship, the law tries to protect the "best interests of the child". His entire life of 2 years has been spent with an English speaking foster family who loves and wants to keep him.

Since Solomon is no longer the man on top, we leave these questions for our courts and juries to decide. We pray for justice and we hope we elect good stewards of that justice.

Bill

05/17/09

Permalink 11:32:25 pm, by bill Email , 487 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

Justice Collin County style: Be careful what you say in the recovery room!

On March 14, 2007 a 20 year old Spanish speaking woman went to a hospital emergency room because of abdominal pain and bleeding.

Doctors at the hospital told her she was pregnant and about to have a breech birth. The young lady had no idea she was pregnant, and never had been pregnant before.

Doctors preformed an emergency cesarean section, delivering a healthy baby boy.

Immediately after her surgery, while the mother was still in recovery, someone at the hospital heard her say, in Spanish, that she did not want a baby. Within 2 hours though, she did say she did want to keep her baby. Hospital staff called Family Protective Services (FPS) because they were concerned that the mother was not bonding with her son.

Since that date, based on a statement made after surgery, FPS has not let the mother have possession of nor have any unsupervised visits with her baby.

In February of 2008, FPS who still had possession of the child, asked Collin County District Judge Cynthia Wheless to extend their Orders of Possession. The mother objected, but Judge Wheless granted a 3 month extension, writing in her opinion that the petitioner [FPS] "can state that it's in the best interest of the child and the Court must grant the extension".

In other words, no matter what the mother says or does, if FPS says its in the best interest of the child, Judge Wheless will keep the child in state custody!

FPS admitted that the mother had stable employment, no criminal history and was not a drug or alcohol user.

Nevertheless, FPS then filed papers in Judge Cynthia Wheless' 417th District Court to permanently terminate the mother's rights.

A trial was held on June 4, 2008 and while the jury found no physical or emotional endangerment of the baby, they terminated the mother's parental rights because she “failed to comply with the provisions of a court order that specifically established the actions necessary for [her] to obtain the return of [the baby].

So in Collin County a child can be forever taken from his mother simply because of a statement the mother made while recovering from anesthesia and emergency surgery. The mother may have a job, and no history of abuse or criminal conduct, but if she even once says in Spanish that she doesn't want to be a mother, Judge Wheless and the State of Texas will take her baby forever.

The good news here is that last Thursday, May 14th, the 5th Court of Appeals in Dallas overturned the jury's verdict and Judge Wheless' orders.

It was interesting to me that the Court of Appeals ignored all questions of fitness of the mother, and ruled that Judge Wheless' court "abused its discretion" in the February decision to extend FPS's protection for 3 months.

The Court of Appeals then overturned the termination of parental rights.

Bill

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

Notes:

Decision of the 5th Court of Appeals, In re JGH, Case number
05-08-00875-CV

Permalink 10:06:42 pm, by bill Email , 109 words,   English (US)
Categories: Observer Opinions, Water

Lavon dam opens wide

After all the rain this spring, Lake Lavon is full.

This weekend we saw a sight we haven't seen in quite a while - 8 of the 12 flood gates at the Lavon Dam were open and releasing about 3,000 cfs.

Local fishermen and the City of Dallas love it when the Lavon gates are open. (I confess I too love the noise and sights.) The water from Lavon travels downstream on the East Fork of the Trinity river for a few miles before entering Dallas' Lake Ray Hubbard.

I took my grandson to see the action behind the dam. Here are a couple of cell phone pics taken during Saturday's rain storms:

Permalink 08:19:37 pm, by bill Email , 157 words,   English (US)
Categories: Observer Opinions, The Economy, Taxes

Collin County property values declining

For most cities and school districts in Collin County, the growth in total property values have for the first time in many years been either flat or they are declining.

Many cities and school districts are used to double digit growth rates - but not this year. The decline in valuations directly affects the tax revenue the cities and schools rely on to finance operations. Most will feel the squeeze of the economic downturn.

Bill

Cities
(GAIN)
(LOSS)
Final 2008 appraised value Preliminary 2009 value
Allen $7,034,949,516 $7,152,642,811
Anna $383,961,925 $367,839,364
Blue Ridge $27,498,007 $26,582,779
Celina $463,300,493 $453,090,937
Fairview $964,403,307 $1,022,186,847
Farmersville $151,953,243 $149,353,101
Frisco $8,810,046,329 $8,786,933,111
Josephine $30,364,349 $31,787,934
Lavon $144,155,212 $146,971,996
Lowry Crossing $94,529,732 $90,862,316
Lucas $508,716,610 $515,583,382
McKinney $10,621,274,500 $10,549,073,280
Melissa $340,354,652 $333,445,122
Murphy $1,412,646,397 $1,427,394,671
Nevada $38,144,575 $39,966,727
New Hope $35,758,291 $34,275,219
Parker $490,643,305 $476,359,873
Plano $24,965,502,529 $24,445,472,938
Princeton $275,518,121 $271,931,164
Prosper $984,618,458 $1,015,069,385
Richardson $3,250,168,538 $3,179,913,931
St. Paul $74,757,421 $71,589,031
Weston $33,283,314 $30,084,313
Wylie $2,208,231,096 $2,216,186,055
School Districts
(GAIN)
(LOSS)
Final 2008 appraised value Preliminary 2009 value
Allen ISD $6,829,468,524 $6,986,897,393
Blue Ridge ISD $120,511,347 $115,166,938
Celina ISD $651,089,568 $598,765,477
Community ISD $445,019,871 $441,986,075
Farmersville ISD $336,754,545 $327,992,836
Frisco ISD $12,419,724,436 $12,671,255,656
Lovejoy ISD $1,482,975,200 $1,499,000,820
McKinney ISD $9,085,755,222 $8,877,537,780
Melissa ISD $430,837,161 $411,420,411
Plano ISD $34,846,156,234 $34,077,730,864
Princeton ISD $515,835,886 $500,526,945
Prosper ISD $1,606,009,626 $1,563,592,688
Wylie ISD $3,102,619,843 $3,102,018,471

Data sources: The Dallas Morning News and Collin County Appraisal District

05/16/09

Permalink 12:28:20 pm, by bill Email , 1004 words,   English (US)
Categories: News Clippings, Observer Opinions, Indigent Defense, Law, Crime & Punishment

DMN - Judge's orders put Collin County man in Catch-22

Judge Greg Brewer adds another laurel to the crown of iniquity that seems to be the Collin County District Courts. He leaves a man in limbo in the county jail for almost 3 months and denies him counsel because the man, "shows a lack of respect for the courts."

Let's see, One former Collin County District Judge sides with her secret boyfriend DA in condemning a man to death, another authorizes a search warrant on a defense attorney's files, another schedules an appeals hearing for 2 days after an execution date, one tries out experimental drugs on probationers... the list goes on and on.

While I appreciate Judge Chris Oldner's efforts to free Mr. Maupin, the problems with the Collin County judiciary go far beyond one man's unjust detention.

After writing about the Collin County District Courts for almost 2 years now, I'm saddened to have to say that the judges can add my name to those who have "a lack of respect for the courts" in this county.

Bill

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

Judge's orders put Collin County man in Catch-22

Friday, May 15, 2009
By KATIE FAIRBANK / The Dallas Morning News

It was no accident that Douglas Maupin spent 83 days in jail after being arrested on a 6-year-old warrant for failure to appear for jury duty.

State District Judge Greg Brewer acknowledged Friday that he knew Maupin had been sitting for months in the Collin County Detention Facility. He said he decided not to set a court hearing date for Maupin – or review his requests for a court-appointed attorney – until after some traffic citations were settled.

"The thing is, Mr. Maupin shows a lack of respect for the courts. He doesn't show up for jury duty or pay his traffic tickets," Brewer, of the 366th District Court, said in a telephone interview Friday.

Maupin, 34, was taken into custody on the 2003 warrant after he was stopped for going 65 mph in a 45-mph zone in Parker on Feb. 15. A municipal judge set a $1,500 bond, which required the full amount in cash. Maupin, a masonry contractor who recently lived in Allen, said he didn't have the money, and his friends and family couldn't afford to help him.

He wrote a letter, postmarked April 30, to the DMN Problem Solver column at The Dallas Morning News. At first, when The News started researching Maupin's situation, his case appeared to have simply fallen through the cracks.

The 2003 warrant was signed by a judge who has since retired. Maupin's case was assigned to the 366th District Court, but state District Judge Chris Oldner, of the 416th District Court, handles all administrative contempt cases. A clerk in Brewer's office verified that the case belonged to Oldner.

But Oldner said last week he had no idea that Maupin was in the jail. Upon hearing about Maupin's situation from The News on May 8, the judge released Maupin from jail. Oldner, a Republican, accepted responsibility and promised an investigation. He called the situation "unacceptable," and said he didn't know why "the process failed to notify us."

A review of inmate paperwork this week, however, shows that Brewer had been handling Maupin's case, at least since March. That's when Maupin first asked for a court-appointed attorney. At that point, he had already been in jail for more than a month.

Eleven days after the request was made, Brewer's office denied Maupin's request. The paperwork, which typically is filled out by jail and courthouse personnel, informed Maupin: "Spoke with clerk of the 366th. She said Judge Brewer does not want to appoint counsel until he speaks with you."

A month later, Maupin's second request to start the court-appointed attorney process was denied. That response stated: "The judge will speak with you about counsel when you go to court."

Collin County Sheriff's Department spokesman John Norton said that the jail notified the court four times that Maupin was still in jail.

Brewer, a Republican who has been on the bench since 2007, said Maupin's case was the only one that he took from his predecessor. He said Maupin needed to clear his traffic tickets before the judge would set a hearing on the failure to appear for jury duty.

Maupin arrived at the jail with seven outstanding toll tickets, as well as two traffic tickets in Arlington that he had failed to pay. "I know it was my responsibility, but I didn't have the money," Maupin said.

The judge's decision to wait created what amounted to a Catch-22: Collin County jail policy does not allow another city to come get an inmate until all legal matters are completed in that county.

The Arlington police said they were not aware that Maupin was being held until they were notified by The News on May 8. Within an hour, an Arlington municipal judge signed off on Maupin's release for time served.

"They have to call us and tell us they're ready for us to come get them," said Lt. Blake Miller of the Arlington Police Department. "If they would have said he was ready for Arlington pickup, we would have gone and got him, and he would have sat in jail here for a day or two and then been let out."

Brewer said it was not his court's responsibility to figure out how Maupin should settle his Arlington tickets.

"Obviously, you're trying to lay blame somewhere," Brewer said. "I can't contact Arlington. I'm not going to contact Arlington. I don't take care of traffic tickets. We didn't ignore him. He had to take care of his stuff in Arlington."

When told that Maupin's case had also been listed as a felony instead of a civil case within the court system, Brewer said he was unaware it was mislabeled. "That was a mistake on someone's part, whoever entered it. Probably it was listed because it was in the 366th. It shouldn't have been listed like that," he said.

Brewer said that the Board of District Judges will discuss what happened to Maupin and see if "we need to change the way we handle" contempt of court cases.

read more....

05/15/09

Permalink 03:53:23 pm, by bill Email , 139 words,   English (US)
Categories: Observer Opinions, Elections

Frisco ISD race final

Today was the day that the ballot board finished counting the final mail-in and provisional ballots from last Saturday's election.

One prominent race for Frisco ISD Trustee was in question, but the late mail-in ballots made no difference in the final outcome.

After all ballots were counted, John Hoxie unseated incumbent Cindy DePaolantonio with a winning margin of only 17 votes.

The final counts:

JOHN HOXIE1,271 (50.34%)
CINDY DEPAOLANTONIO1,254 (49.66%)

At this time I haven't heard if Ms. DePaolantonio will ask for a recount.

The City of Sachse will hold a run-off to decide the City Council Place 2 seat. Hal Hinckley and Jared Patterson knocked 3rd place Scott Whitfield from the 3 way race. Hinckley and Patterson will face each other in the June 13 run-off.

Bill

Update May 16, 2009:

The Dallas Morning News is reporting that Ms. DePaolantonio will not ask for a recount

05/14/09

Permalink 06:28:58 am, by bill Email , 821 words,   English (US)
Categories: News Clippings, Homeland Security, Ethics

WFAA - Fusion Center's spending questioned in Collin County

Fusion Center's spending questioned in Collin County

Thursday, May 14, 2009
Brett Shipp / WFAA


Watch Video

The North Central Texas Fusion Center is Collin County's new criminal and intelligence data gathering center.

But, it may be gathering more criticism than acclaim as questions mount about how the million dollars to fund it are being spent.

Fusion centers began springing up after 9/11. Funded mostly by grants, they were fostered by the need for law enforcement to better share information.

Collin County's North Central Fusion Center has drawn national attention, but not for its innovation. Instead, the spotlight is due to its questionable operations and relationships of the man who created the center.

Tucked away inside the Collin County Sheriff's Office and behind a set of secure doors is a post-9/11 world where security meets technology.

The North Central Texas Fusion System is an award-winning nerve center for gathering and sharing criminal and crisis information to 94 agencies via the Internet.

The operator and architect is acclaimed computer scientist Dr. Bob Johnson, who works out of his home in Santa Fe, New Mexico. He's also known as the son of local Congressman Sam Johnson.

Since 2004, Collin County has awarded Johnson $1.2 million to design and operate the center.

But some say Johnson's mission has taken a sharp right turn away from computer science and towards political science, blurring the line between public protection and propaganda.

Last February, Johnson warned of "Middle Eastern Terrorist Groups" infiltrating organizations such as "The Council on American Islamic Relations." He spoke of a growing Muslim influence in America, including "airport footbaths," "public school prayer breaks to accommodate Muslim students" and "hip hop fashion boutiques" where terrorists go to recruit.

He also has warned of terrorists "operating in the North Central Texas region ... meeting at smoke shops and other locations to organize and plan attacks."

Johnson issued weekly "Prevention Awareness Bulletins" that featured "threat indicators." When Homeland Security officials found out, they ordered him to stop. The American Civil Liberties Union said Johnson's bulletins set off an immediate alarm.

"What we warned about, and now what we are seeing, is that too often these entities tend to look at people who disagree with public policies as potential terrorists," said Mike German, with ACLU in Washington D.C.

Bill Baumbach's Collin County Observer blog monitors local government business.

"And I thought it was one of the more bigoted, paranoid pieces I have ever seen on government stationery," he said of the bulletins.

He was the first to raise questions about the Fusion Center's operations and expenses. The Fusion Center's 2004 start-up budget was $67,000. In 2005, the price tag jumped to a quarter of a million dollars. In 2006, the year the center actually opened, the costs dropped to $77,000.

But from there, Johnson's billings grew to $368,000 in 2007.

Last year, Johnson billed Collin County nearly half a million dollars to maintain and add to the system.

Johnson said the budget has grown as the system improves.

"I wanted to see what it was about," Baumbach said. "But what I found out was a bunch of politically-connected insider nepotism that was going on. The commissioner's court was not paying attention."

Collin County Commissioner Joe Jaynes may be the exception. He has questioned not only the expenses, but the ethics as well.

"I've probably been watching it closer than most because of my concern," he said.

Among his concerns, Johnson's awarding of a $100,000 sub-contract to a software firm called Bassham and Associates. It turns out the owner, Elbert Bassham, is Johnson's brother-in law. Bassham's business address is a post office box in Marfa, Texas.

His website is designed similarly to Collin County's Fusion Center, which was designed by Johnson.

"I have a major concern with that," Jaynes said. "I've expressed my concern with that. Technically it's all legal. It's above board. But quite frankly, it doesn't pass the smell test."

Meanwhile, Collin County's contract with Johnson was never put out for bids.

Collin County Emergency Management Director Kelley Stone said he handpicked Johnson to run the center.

Stone said he chose Johnson based on his professional reputation and was not influenced by his father.

Since questions started surfacing about some of Johnson's operations, Collin County Commissioners have decided to put the center's operations up for bid.

Not only is Johnson bidding on the project, he has also played a major role in writing the bid specifications.

link to article and video....

Collin County Observer coverage of the NCTFS:

What's wrong with the North Texas Fusion Center?, CCO April 8, 2009


Fusion Center kills controversial newsletter
, CCO April 6, 2009

Commissioners refuse Fusion Center grant that would benefit ADB, CCO March 13, 2009

Fusion Center vendor accused of nepotism and unfair competition, CCO March 8, 2009

Fusion: Fear, Fiction, Fact and Freedom, CCO, Feb. 2009

County pays ADB over $1.1 million in no-bid Fusion Center contracts, CCO, Dec. 2008

Commissioners to consider "no bid" contract for Fusion Center, CCO, Dec. 2008

While Plano was watching TV, what was the Fusion Center doing?,CCO, May 2008

05/12/09

Permalink 06:35:04 pm, by bill Email , 111 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Quality of Life

Plano Peace Officer Memorial Day Service

The Plano Police Department will host the Annual Peace Officer Memorial Day Service for Collin County on Wednesday, May 13, 2009 at 1:00 p.m. to honor Texas Law Enforcement Officers who have been killed in the line of duty.

The public is invited to attend this service to be held at Haggard Park, 15th Street and Avenue H in downtown Plano.

Participants in the service will include officials of the City of Plano, Collin County, and Honor Guards from several agencies. A reception will be held immediately following the service.

Parking is available at the east side of Haggard Park and south of Haggard Park in front of the Raymond Robinson Justice Center.

05/10/09

Permalink 10:36:30 pm, by bill Email , 347 words,   English (US)
Categories: Observer Opinions, Elections, Discrimination - equality, Quality of Life

Collin County: diversity and elections

Collin County's growth has its roots in the "white flight" from urban school districts that took place in the 1970's. While a reputation for great schools has continued to foster growth, the county is becoming increasingly diverse as it grows.

The 1990 census listed over 80% of the county's citizens as "White" and non-Hispanic, however 2007 data shows that white, non-Hispanics now make up only 67% of our population.

Unfortunately, our growing diversity is absent from the makeup of our local governing bodies.

Look at the elected bodies that represent the bulk of the county's population. After Saturday's election:

City White males White Females Black Hispanic Asian
County Commissioner's Court
4
1
0
0
0
County Elected Officials
7
2
0
0
0
County Elected Judges
17
4
0
0
0
Allen City Council
5
2
0
0
0
Frisco City Council
7
0
0
0
0
McKinney City Council
6
1
0
0
0
Plano City Council
4
3
1
0
0
Richardson City Council
7
0
0
0
0
Allen ISD
4
3
0
0
0
Frisco ISD
4
3
0
0
0
McKinney ISD
4
3
0
0
0
Plano ISD
4
2
1
0
0
Totals
73
21
2
0
0


According to the US Census, 14% of the county is Hispanic, yet Hispanics have no representation as elected officials in any county or large city office.

Almost 10% of our population is of Asian origin, yet no county, large city or school board elected official is of Asian heritage.

And while Blacks make up almost 8% of our population only Plano has elected one Black City Councilman and one Black School Board Trustee.

Even though fully one third of Collin County is minority, three out of the 4 largest cites in the county have no elected minority official. Neither does the county, nor, except for Plano, the schools districts.

The City of Dallas faced a similar ethnic disparity in its elected city council until a federal judge forced the city to form single member districts in 1991. Will it take judicial action for our local governing bodies to begin to look like the people they serve?

The present imbalance is a law suit waiting to happen. The domination of all elected bodies by male members of one ethnic group can, over time, create hostility and foster feelings of inequality before the law. The leaders of our county, cities and schools would do well to take a hard look at their communities and then at themselves.

Bill

Permalink 02:43:23 am, by bill Email , 1961 words,   English (US)
Categories: Observer Opinions, Elections

May 2009 - Collin County Local Election results

These election results include all early voting, mail-in and election day electronic ballots. Election day provisional and paper ballots will be counted on May 15.

The overall highest vote getter was Missy Bender for Plano ISD. Missy amassed 7,003 votes, easily trouncing her opponent. The lowest vote getter was St. Paul City Council candidate David Gensler. Mr. Gensler received only 4 votes. (He lost)

Allen had an 8.5% turnout and the Allen ISD, 8.8%.
Allen City Council, Place 1 Debbie Stout(I) 100%
Allen City Council, Place 3 Joey Herald(I) 57.93%
Allen City Council, Place 3 Kurt Kizer 47.02%
Allen City Council, Place 5 Gary Caplinger(I) 100%
(Collin County elections)

Allen ISD, Place 1 Jayne J. Grimes(I)100%
Allen ISD, Place 2 Benny Bolin (I) 100%
Allen ISD, Place 3 Jason Shepard 100%

Allen ISD Bond: $119,435,000 for construction of school buildings.
(Collin County elections) Passed 63.66%

Anna's city council races sparked a 12.1% turnout but only 9.8% for the Anna ISD.
Anna City Council, Mayor Kenneth Pelham 45.28%
Anna City Council, Mayor Darren R. Driskell 54.72%
Anna City Council, Place 1 Mike Crist 61.86%
Anna City Council, Place 1 Timothy Bates 38.14%
Anna City Council, Place 3 Keith Green 100%
Anna City Council, Place 5 Mark Hendricks 100%

(Collin County elections)

Anna ISD, Place 2 Billy Deragon 56.69%
Anna ISD, Place 2 Jeff C. Frazier 43.31%
Anna ISD, Place 6 Alan Walters 56.10%
Anna ISD, Place 6 Becky Woodard 43.9%
(Collin County elections)

Blue Ridge had an 8.5% turnout - BRISD had a 10% turnout.
Blue Ridge City Council (2 positions), Dewey Lewis hill 13.67%
Blue Ridge City Council (2 positions), Debbie Marshall 20.86%
Blue Ridge City Council (2 positions), Clayton Sanford Jeci 23.02%
Blue Ridge City Council (2 positions), Billie Jean Short 21.58%

Blue Ridge City Council (2 positions), Kenneth Beale 20.86%
City of Blue Ridge

Blue Ridge ISD, Place 1 Brad Duncan (I) 100%
Blue Ridge ISD, Place 5 Kevin Dauster 56.25%

Blue Ridge ISD, Place 5 Greg Douglas 43.75%
Blue Ridge ISD

Celina's Place 4 race had a 17% voter turnout, with incumbent Dick Smith earning 73% of the vote. Celina ISD saw a 15.2% turnout.
Celina City Council, Place 2 Wayne Nabors(I) 100%
Celina City Council, Place 3 Dewey Isham(I) 100%

Celina City Council, Place 4 Dick Smith(I) 73.08%
Celina City Council, Place 4 Bill Stearns 26.92%
(Collin County elections)

Celina ISD, Place 5 Jeff Wade 10.24%
Celina ISD, Place 5 Sandra Lerma 23.15%
Celina ISD, Place 5 Pam Peters 66.62%
Celina ISD, Place 6 Brooks Barr(I) 100%
Celina ISD, Place 7 Lance Haynes(I) 64.42%

Celina ISD, Place 7 Tim Terzis 35.58%
(Collin County elections)

The east Collin County Community ISD had a 10.5% voter turnout.
Community ISD, Place 1 Nina Stork 55.12%
Community ISD, Place 1 Damon Sams 44.88%
Community ISD, Place 2 Jay B. Price 57.99%
Community ISD, Place 2 Jim Blackburn 42.01%
Community ISD, Place 3 Mike Shepard 51.89%
Community ISD, Place 3 Tom Murray 48.11%
Community ISD

The expensive and hotly contested effort to stop the Convention Center Hotel failed.
Dallas City Council, Place 12 Ron Natinsky 100%

City of Dallas Proposition 1: To amend the City Charter to prohibit the City from building a city owned hotel. Defeated 51%

City of Dallas Proposition 2: To amend the City Charter to require the City to give public notice before financing a hotel, and to allow for a referendum on city financing of a hotel. Defeated 57%
(Dallas County Elections)

Only 8.5% of Farmersville city voters turned out while only 6% for FISD.
Farmersville City Council, Place 1 Shirley Horton(I)
Farmersville City Council, Place 1 write-in ballots (34 votes) winner not known
Farmersville City Council, Place 3 Billy Long(I) 100%
Farmersville City Council, Place 5 Lee Warren(I) 47.69%
Farmersville City Council, Place 5 Fred Langford 53.31%
City of Farmersville

Farmersville ISD (2 positions) Chris Reavis 44.97%
Farmersville ISD (2 positions) Karrissa Edwards 18.78%
Farmersville ISD (2 positions) Robert Norman 36.24%
Farmersville ISD

Frisco city races earned a dismal 5.2% turnout, while FISD only saw 4.2%. The Place 7 FISD trustee race is too close to call, with only 17 votes separating the 2 candidates. That race will remain undecided until paper and provisional ballots are counted on May 15th.
Frisco City Council, Place 1 Bob Allen 88.63%
Frisco City Council, Place 1 Harold Colvin 11.37%
Frisco City Council, Place 3 Patrick E. Fallon 57.33%
Frisco City Council, Place 3 Rhonda K. Martin 31.08%
Frisco City Council, Place 3 Phil Ramirez 1.88%
Frisco City Council, Place 3 Hunt Reifschneider 9.71%
(Collin County elections)

Frisco ISD, Place 6 Buddy Minett(I) 100%
Frisco ISD, Place 7 Cindy DePaolantonio(I) 49.66% (1,254 votes)
Frisco ISD, Place 7 John Hoxie 50.34% (1,271 votes)
(Collin County elections)

89 Josephine voters or 20.2% turned out for city council voting. the Place 1 race is seperated by only 2 votes and will remain undecided until after May 15. The 5 person Place 4 race looks like a run-off will be between Crosetti and front runner Wagner.
Josephine City Alderman, Place 1 Larry Aaron 48.84% (42 votes)
Josephine City Alderman, Place 1 Angela D. Gay 51.16% (44 votes)
Josephine City Alderman, Place 2 Aaron Gilbreath 100%
Josephine City Alderman, Place 4 William "Bill" Crosetti 20.69%
Josephine City Alderman, Place 4 Bill Miller 14.94%
Josephine City Alderman, Place 4 Terry "Bear" Wagner 32.18%
Josephine City Alderman, Place 4 James Reagan 16.09%
Josephine City Alderman, Place 4 Lee Roy Phillips 16.09%
City of Josephine

Lavon had a 13% voter turnout.
Lavon City Council, Mayor John M. Horton 24.03%
Lavon City Council, Mayor Norma Martin 75.97%
Lavon City Council, Place 2 Deborah Nabors 100%
Lavon City Council, Place 4 Aaron M. Heatley 100%

City of Lavon

Lovejoy ISD saw a 10.8% turnout, with dissidents Daris and Marianne Nevil soundly defeated by incumbents.
Lovejoy ISD, Position 6 Lynette MacDonald(I) 77.81%
Lovejoy ISD, Position 6 Marianne Nevil 22.19%
Lovejoy ISD, Position 7 Elena Westbrook(I) 75.95%
Lovejoy ISD, Position 7 Daris Nevil 24.05%
(Collin County elections)

Lowry Crossing saw an 11.6 turnout.
Lowry Crossing City Council, Mayor Derek Stephens 100%
Lowry Crossing City Council (2 positions), Scott Becker 28.77%
Lowry Crossing City Council (2 positions), Jim Westendorf 43.38%

Lowry Crossing City Council (2 positions), Dan Arney 17.35%
Lowry Crossing City Council (2 positions), Ricardo Cervantes, Jr. 10.5%
(Collin County elections)

Lucas election contests garnered an 18% voter turnout. Seat 2 appears to be headed for a run off.
Lucas City Council, Mayor Bill Carmickle 75.43%
Lucas City Council, Mayor Ann Guzman 24.57%
Lucas City Council, Seat 1 Mark H. Barratt 100%
Lucas City Council, Seat 2 Kerry Leath 42.86%
Lucas City Council, Seat 2 Jonathan Spinks 1.69%
Lucas City Council, Seat 2 Rebecca Mark 33.08%
Lucas City Council, Seat 2 Larry Essary 22.37%
Lucas City Council, Seat 3 Don Zriny 100%
City of Lucas

McKinney saw a 10.4% voter turnout.
McKinney City Council, Mayor George Fuller 39.47%
McKinney City Council, Mayor Brian Loughmiller 60.53%
McKinney City Council, Dist. 1 Randall Wilder 9.55%
McKinney City Council, Dist. 1 Don Day 54.38%
McKinney City Council, Dist. 1 Maurice Malvern 16.98%
McKinney City Council, Dist. 1 Alonzo Tutson 19.1%
McKinney City Council, Dist. 3 Travis Ussery, Jr 100%
McKinney City Council, at-large Gilda Garza 18.53%
McKinney City Council, at-large David Brooks 64.32%
McKinney City Council, at-large Curtis Rath 17.15%
(Collin County elections)

Yet another local option election and a divisive Mayor's race pushed Melissa's turnout to a whopping 50.5%. Mayor Dorman, who has been reeling under ethics accusations, was turned out of office. Once again Melissa's citizens voted against an alcohol initiative.
Melissa City Council, Mayor David Dorman (I) 34.93%
Melissa City Council, Mayor Reed Greer 55.64%
Melissa City Council, Mayor Micki Jobson 9.43%
Melissa City Council, Place 2 Sharon Weideman 100%
Melissa City Council, Place 4 William Farmer 54.31%

Melissa City Council, Place 4 Aaron Chowning 45.69%

Melissa Proposition: The legal sale of all alcoholic beverages except mixed beverages. Defeated 59%
(Collin County elections)

Nevada had an 18.1% voter turnout.
Nevada City Council (3 positions) Philip Barth 29.92%
Nevada City Council (3 positions) Linda White 33.07%
Nevada City Council (3 positions) Mia J. Smith 24.41%

Nevada City Council (3 positions) Write-in ballots 12.6%
City of Nevada

New Hope had a 7.6% turnout.
New Hope Town Alderman (choose 3), Gene Fowler 24.18%
New Hope Town Alderman (choose 3), Patricia C. Monson 28.57%
New Hope Town Alderman (choose 3), Jeff Herbst 31.87%

New Hope Town Alderman (choose 3), De St. Aubin 15.38%
Town of New Hope

Plano had a poor turnout, with only 6.4% of the voters taking the time to vote. The biggest surprise would have to be Marilyn Hinton's commanding win in a 4 way race for school board. Ms. Hinton, a former PISD teacher will become the first black to serve as trustee of Plano schools.
Plano City Council, Place 2 Ben Harris 64.1%
Plano City Council, Place 2 Susan Plonka 35.9%
Plano City Council, Place 4 Lissa Smith 100%
Plano City Council, Place 6 (Mayor) Phil Dyer 85.77%
Plano City Council, Place 6 (Mayor) David Fincannon 14.23%
Plano City Council, Place 8 Lee Dunlap(I) 55.19%
Plano City Council, Place 8 Greg Myer 39.76%
Plano City Council, Place 8 Imran Khan 5.05%

Plano City, Proposition 1: $11,368,000 for public safety improvements. Passed 70.88%
Plano City, Proposition 2: $8,000,000 for technology improvements to city facilities. Passed 59.46%
Plano City, Proposition 3: $34,754,500 for street improvements. Passed 74.00%
Plano City, Proposition 4: $1,750,000 for library facilities. Passed 65.63%
Plano City, Proposition 5: $48,650,000 for parks and recreation improvements. Passed 59.12%
Plano City, Proposition 6: $24,100,000 for recreation centers. Passed 56.61%
Plano City, Proposition 7: repeals $3,500,000 for overpass at Legacy and Preston. Passed 63.83%
(Collin County elections)

Plano ISD, Place 6 Steve Navarre 19.69%
Plano ISD, Place 6 Marilyn Hinton 42.26%
Plano ISD, Place 6 Nathan Barbera 29.46%
Plano ISD, Place 6 Rama Lavu 8.59%
Plano ISD, Place 7 Missy Bender(I) 72.11%
Plano ISD, Place 7 Robert Canright 27.89%
(Collin County elections)

16% of Princeton's voters turned out for a Mayor's race that saw the defeat of the incumbent, and for a local option measure that was approved. The Place 2 City Council race will require a run-off to decide the winner.
Princeton City Council, Mayor Steve Deffibaugh(I) 44.94%
Princeton City Council, Mayor Ken Bowers 55.06%
Princeton City Council, Place 1 Billy Combest(I) 100%

Princeton City Council, Place 2 Rick Wheeler(I) 46.09%
Princeton City Council, Place 2 Brandon Kilpatrick 24.58%
Princeton City Council, Place 2 Jeremy Jones 29.33%

Princeton City Proposition: The legal sale of beer and wine for off premises consumption only. Passed 54.61%
(Collin County elections)

Princeton ISD (3 positions), Chuck Campbell(I) 25.38%
Princeton ISD (3 positions), Rick Jondron 21.26%
Princeton ISD (3 positions), Clinton Lowrance 23.54%
Princeton ISD (3 positions), Tim Tidwell 29.83%

(Collin County elections)

With only a 2.8% turnout, Prosper ISD had the worst rate of voter participation in the county.
Prosper ISD, Place 4 Paul Funderburg 38.3%
Prosper ISD, Place 4 Wayne Bernstein 61.7%
Prosper ISD, Place 5 Jim Wicker 100%
Prosper ISD, Place 7 Daniel Jones 100%

(Collin County elections)

The southern part of Richardson is in Collin County. Richardson voters swept out 2 incumbents, granting a major victory to the "Richardson Coalition", and creating yet another all male, all white city council.
Richardson City Council, Place 1 Bob Townsend (I) 74.89%
Richardson City Council, Place 1 write-in ballots 25.11%
Richardson City Council, Place 2 Jennifer Justice 16.49%
Richardson City Council, Place 2 Jimmy Schnurr 27.4%
Richardson City Council, Place 2 Thomas Volmer 2.36%
Richardson City Council, Place 2 Mark Solomon 53.75%
Richardson City Council, Place 3 Sheryl Miller 13.26%
Richardson City Council, Place 3 John Murphy (I) 55.66%
Richardson City Council, Place 3 Chris Davis 31.08%
Richardson City Council, Place 4 Tom Bache-Wiig 8.73%
Richardson City Council, Place 4 Gary A. Slagel(I) 56.5%
Richardson City Council, Place 4 Diane Wardrup 34.76%
Richardson City Council, Place 5 Bob Macy 53.04%
Richardson City Council, Place 5 Pris Hayes (I) 46.96%
Richardson City Council, Place 6 Steve Mitchell (I)(Mayor) 100%
Richardson City Council, Place 7 Amir Omar 51.54%
Richardson City Council, Place 7 Dennis Stewart (I) 48.46%
(Dallas County Elections)

The Royce City Place 1 contest looks to be in a run-off.
Royce City Council, Mayor William J. Archer 8.91%
Royce City Council, Mayor Connie Goodwin 31.59%
Royce City Council, Mayor Jerrell Baley 59.5%
Royce City Council, Place 1 Xavier Cortez 16.53%
Royce City Council, Place 1 Brooks M. Williams 39.18%
Royce City Council, Place 1 Janet Nichol 44.29%
Royce City Council, Place 3 Bill Bell 100%
Royce City Council, Place 5 James Branch 55.38%

Royce City Council, Place 5 Mark Plemmons 44.62%
Rockwall County Elections

In Sachse, only 16 votes separate Place 2 front runners Hinckley and Patterson. The race will need to be decided in a run-off.
Sachse City Council, Place 1 Charles W. Smith 100%
Sachse City Council, Place 2 Scott Whitfield 11.3%
Sachse City Council, Place 2 Hal Hinckley 45.11%
Sachse City Council, Place 2 Jared Patterson 43.59%
(Dallas County Elections)

St. Paul had a 9.4% voter turnout. The front runners in the Seat 2 race are only 3 votes apart, and will be in a run-off.
St. Paul Town Council, Seat 1 Chad Roberts (I) 100%
St. Paul Town Council, Seat 2 Jim McCassland 49.02%
St. Paul Town Council, Seat 2 David Thomas Gensler 7.84%
St. Paul Town Council, Seat 2 David Michael Wittington 43.14%
St. Paul Town Council, Seat 4 Jeremy Simmons 44.64%
St. Paul Town Council, Seat 4 John C. Scanlan (I) 55.36%
Town of St. Paul

A hotly contested school bond election spurred Wylie voters to a 13.6% turnout. The bond issue was defeated for the second time in 7 months. Bennie Jones becomes the first black City Councilman in Wylie.
Wylie City Council, Place 2 M.G. "Red" Byboth(I) 100%
Wylie City Council, Place 4 Bennie Jones 59.81%

Wylie City Council, Place 4 Gilbert Tamez Sr. 40.19%
(Collin County elections)

Wylie ISD, Place 3 Barbara Goss 56.45%
Wylie ISD, Place 3 Allen M. Morris 43.55%
Wylie ISD, Place 4 Lance Goff(I) 60.62%
Wylie ISD, Place 4 Cris O'Neal 39.38%

Wylie ISD Bonds: $84,500,000 for various school renovations and projects Failed 51.01%
(Collin County elections)

Bill

05/09/09

Permalink 01:07:36 am, by bill Email , 172 words,   English (US)
Categories: Observer Opinions, Elections

Election Day, 2009!

Today is election day for local city and school board officials.

The polls are open from 7:00 AM to 7:00 PM.

A list of polling places can be found on the Collin County Elections website.

A list of all candidates and propositions is posted here on the Collin County Observer.

Early voting ended Tuesday with typically light voter turnout.

Early voting totals:
Allen - 2,388
Anna - 233
Celina (includes Denton County voters) - 406
Frisco City (includes Denton County voters) - 1,892
Frisco ISD (includes Denton County voters) - 2,302
Lovejoy ISD - 501
Lowry Crossing - 75
McKinney - 4,014
Melissa - 600
Plano City (includes Denton County voters) - 5,667
Plano ISD - 6,784
Princeton - 232
Prosper (includes Denton County voters) - 127
Wylie (includes Dallas and Rockwall Counties) - 2,371

It is interesting to see that more voters turned out in Wylie than in Frisco. The higher number of voters is in Wylie is likely because of a hotly contested $84 million school bond election. Last November, Wylie voters turned down a similar but slightly larger bond proposition.

It is expected that over half of those who will vote in the local elections have already done so.

Bill

Permalink 12:42:36 am, by bill Email , 829 words,   English (US)
Categories: News Clippings, Indigent Defense, Law, Crime & Punishment

DMN Problem Solver: Collin County man held for 83 days for missing jury duty

DMN Problem Solver: Collin County man held for 83 days for missing jury duty

Friday, May 8, 2009
The Dallas Morning News

Douglas Maupin was held at the Collin County Detention Facility for 83 days on a warrant for failure to appear for jury duty. During those days of legal purgatory, he said he was unable to hire a lawyer, post bail or even get a clear explanation of what type of charge he was being held on.

His case was finally handled Friday afternoon – a few hours after a judge heard from The Dallas Morning News about his situation.

"He should not have spent that much time. This is unacceptable," said 416th District Judge Chris Oldner, who returned to the courthouse late Friday specifically to handle the case of Maupin, who was expected to be released soon. "I don't know why the process failed to notify us."

Maupin, 34, who recently lived in Allen, was taken in on the 6-year-old jury duty warrant after he was stopped for speeding 65 mph in a 45-mph zone in Parker on Feb. 15.

He was then taken to the Collin County Detention Facility, where he said he spent the next 36 hours sitting on a plastic chair waiting for a bond hearing. A videoconference with a municipal judge set a $1,500 bond, which required the full amount in cash, according to court documents.

Maupin, a masonry contractor, says he didn't have the money, and his friends and family couldn't afford to help him. "My mother knows I'm in here, but she's on partial disability and a small income," he said during a jailhouse interview early Friday afternoon. He also said it was hard to reach his friends, because all of them have cellphones, and they could not receive collect calls.

When asked why Maupin was being held so long, John Norton, a Collin County Sheriff's Department spokesman, said, "We hold him until he posts bond or a judge says, 'Release him.' "

"I'm disappointed this has happened. I am going to investigate."
Collin County Administrative District Judge Chris Oldner

"After a while, I realized that this is about more than just me. If it can happen to me, it might happen to anyone."
Recently released inmate Douglas Maupin

Wearing an orange jumpsuit and talking by phone from behind a glass partition, Maupin said that the notice of the original summons and contempt hearing back in 2003 was sent to his parents' home. That's why he didn't show up, he said.

"I understand I am partially responsible, but I just want my day in court," he said during the interview. "I do know I have the right to due process and a speedy trial. I've had neither. It's not right."

He said at one point he had asked for a form to try to get a public defender, but he was told by a clerk that he couldn't have one because his was a civil case – even though the court's Web site identifies the case as a felony.

He also said that released inmates wrote him and told him they had tried to tell the court of his situation but were ignored.

So he wrote a letter, postmarked April 30, to the DMN Problem Solver column at The News. The letter was received on Thursday.

"I have been given conflicting pieces of information about my case," he wrote. "Also, I have been denied representation. There is still no court date set and I'm becoming quite concerned. My situation has become critical."

Maupin wrote that, because of his time in jail, he lost his rental home, his car and his dog. "I find myself now homeless, with no job, and a vehicle repossession," he wrote. "Along with the loss of all my personal possessions, and my beloved dog, Daisy."

In the interview, he said he wasn't sure what happened to his dog, or where his possessions are.

Aside from not appearing for jury duty, Maupin also had seven charges for failing to pay tolls with fines totaling $2,236. Five of those cases were canceled by the court on March 5. The remaining two were finally dropped for time served on April 17.

read more....

======================================
Bill comments:

There is much in this story that begs for further explanation.

  • Why wasn't the guy allowed to apply for indigent defense?
  • There needs to be a discussion over the whole 'warrants for civil cases' concept. Only criminals belong in jail, and indigent defense attorneys should be available for all inmates who can not afford an attorney.
  • What triggers exist to make sure that no one rots in a jail cell because of lost papers, or are simply forgotten?
  • What role did video arraignments play in depersonalizing court appearances? Do these type hearings make it more likely that a prisoner will be forgotten and left to rot?
  • And what's with the Pontius Pilate routine by Sheriff's spokesman John Norton, who told the DMN, "We hold him until he posts bond or a judge says, 'Release him.'" Shouldn't jailers be paying attention too?

Bill

05/08/09

Permalink 12:02:28 am, by bill Email , 122 words,   English (US)
Categories: News Clippings, Education, Elections, Guest Opinions

Plano Blog - Plano ISD candidates: Latest campaign filings

Plano ISD candidates: Latest campaign filings

Thu, May 07, 2009
Matthew Haag/Reporter, Dallas Morning News

Here's a rundown of the latest campaign filings from candidates for Place 6 and Place 7 on PISD school board. The reports were filed May 1 and list both contributions and expenses from early April.

Here is where the candidates stand:

Place 6:
Steve Navarre
Contributions: $330
Expenses: $300
Balance: $30

Nathan Barbera
Contributions: $225
Expenses: $3,373.54
Balance: $1.885.30 (includes contributions/expenses before April)

Rama Lavu
Contributions: $3,961.41
Expenses: $6,134.91
Balance: $3,001.41
Outstanding loans: $5,308.75

Marilyn Hinton
Contributions: $95
Expenses: $2,591.59
Balance: 0
Outstanding loans: $1,500

Place 7:
Missy Bender
Contributions: $493
Expenses: $2,379.87
Balance: $1,598.88

Robert Canright
Hasn't filed any reports this year. In fact, he didn't file reports in his previous school board campaigns, as well.

Make the jump to review PDF copies of their financial filings...

1_May_2009

05/07/09

Permalink 11:57:06 pm, by bill Email , 450 words,   English (US)
Categories: News Clippings, pandemic flu, Public Health

Swine Flu update, Collin County - May 6

Collin County
Health Advisory: Swine Influenza

As of late Wednesday, May 6th, 2009, the H1N1? (swine flu) case count for Collin County is:

Confirmed Cases: 3
Probable Cases: 7

Meanwhile, Collin County Health Care Services (CCHCS) would like to share the following guidance from the U.S. Centers for Disease Control released Tuesday afternoon:

  • As of today, school closures are not advised for a suspected or confirmed case of novel influenza A (H1N1) and, in general, are not advised unless there is a magnitude of faculty or student absenteeism that interferes with the school’s ability to function.
  • Schools that were closed based on previous interim CDC guidance related to this outbreak may reopen.
  • Students, faculty or staff with influenza-like illness (fever with a cough or sore throat) should stay home and not attend school or go into the community except to seek medical care for at least 7 days even if symptoms resolve sooner.
  • Students, faculty and staff who are still sick 7 days after they become ill should continue to stay home from school until at least 24 hours after symptoms have resolved.
  • Students, faculty and staff who appear to have an influenza-like illness at arrival or become ill during the school day should be isolated promptly in a room separate from other students and sent home.
  • Parents and guardians should monitor their school-aged children, and faculty and staff should self-monitor every morning for symptoms of influenza-like illness.
  • Ill students should not attend alternative child care or congregate in settings other than school.
  • School administrators should communicate regularly with local public health officials to obtain guidance about reporting of influenza-like illnesses in the school.
  • Schools can help serve as a focus for educational activities aimed at promoting ways to reduce the spread of influenza, including hand hygiene and cough etiquette.
  • Students, faculty and staff should stringently follow sanitary measures to reduce the spread of influenza, including covering their nose and mouth with a tissue when coughing or sneezing (or coughing or sneezing into their sleeve if a tissue isn’t available), frequently washing hands with soap and water, or using hand sanitizer if hand washing with soap and water is not possible.

Also, Plano Independent School District officials announced to day that the three schools closed earlier due to concerns over swine flu will now reopen on May 6.

For a complete copy of the above-referenced document, please see the following link: http://www.cdc.gov/h1n1flu/K12_dismissal.htm. For up to the moment information on this public health concern, please visit: www.cdc.gov/h1n1flu and www.dshs.state.tx.us/swineflu. CCHCS health advisories and updates can be viewed at: http://www.co.collin.tx.us/.

Permalink 11:48:43 pm, by bill Email , 688 words,   English (US)
Categories: News Clippings, Mobility

WFAA - HOV-related deaths rise to 6; TxDOT dismissed warnings

HOV-related deaths rise to 6; TxDOT dismissed warnings

Thursday, May 7, 2009
By DAVID SCHECHTER / WFAA-TV

NEWS 8 INVESTIGATES

DALLAS -
An expanding News 8 investigation has uncovered more HOV-related deaths.

In little than over two years, crashes on Interstate 635 killed three motorists. That makes a total of six dead when added to the three fatalities News 8 uncovered on Central Expressway.

The Texas Department of Transportation was fully warned about dangerous roadway designs but did little or nothing to make them safer.

Franco Miramontes wishes they had.

A year-and-a-half ago, the 24-year-old was legally riding his motorcycle in the HOV lane on I-635. According to police reports, he was doing about 70 mph when a driver in the main lanes crossed over and nearly killed him. Miramontes is now a quadriplegic.

"They need to do something about the HOV lanes," said Rosemary Miramontes, Franco's mother.

Three years before Miramontes' crash, TxDOT's top managers received an HOV safety report, and the information inside was damning. It showed the HOV lanes on I-635 and I-35 were jeopardizing driver safety. What might have been a call to action for Texas Department of Transportation was instead disregarded.

The report was commissioned by TxDOT and conducted by the Texas Transportation Institute. It compared eight years of crash data on the two interstates.

Before adding an HOV lane, there was an average of 263 crashes a year where someone was injured on I-635. After the lane was built that number rose to 396 crashes a year. That’s a crash-rate increase of 41 percent.

On the I-35 Corridor, there was an average of 85 injury crashes a year before the HOV lane. After the lane was added, that number rose to 169 a year. That’s a 56 percent increase.

So, what did the top man at TxDOT's local office do in the face of an obvious threat to public safety? Virtually nothing was done.

"When you got that information did you go back to try make some changes to improve safety?” reporter David Schechter asked District Engineer Bill Hale.

"We looked to see what needed to be done," said Bill Hale, the district engineer, when asked about what was done when that information was received. "We watched it. But, the locations that we saw that had problems, I guess we haven't had a lot of changes on the thing."

He said TxDOT did ask DART police to write more tickets to drivers who break the law.

However, some of the report's findings were even worse. Before the HOV lane was added, the lane now closest to the HOV lane on I-35 had an average of 17 injury crashes a year. After the lane was added that number went up to 43. That’s a 153 percent increase in injury crashes.

On the I-635 Corridor, an average of 52 injury crashes happened a year in that lane before the HOV was added. After the HOV, that number rose to 150, which is a crash-rate increase of 188 percent.

"You look at each year how it goes," Hale said. "You keep monitoring that to see if they're going down. And they're not staying steady; they've gone down as people got used to it."

News 8 reviewed hundreds of crash reports and found on in 2007 on I-635 there were at least three motorists who died in HOV-related crashes. One crash was a double fatality. Driver error played a role in those crashes, but design may have as well.

In many locations, TxDOT squeezed in HOV lanes by shrinking the shoulders down from an optimal 14 feet down to two feet. That leaves very little room for a driver to evade a crash. Now, add real world conditions. If traffic is clear on the HOV lane, the main lanes are moving slow. When a fast vehicle hits a slow one, it's like hitting a brick wall. That's what happened to Miramontes.

When TxDOT commissioned the safety study it was considering a new HOV project on Central Expressway. The report made "absolute minimum" recommendations that would make Central Expressway safer than I-35 and I-635.

But, as News 8 has previously reported, TxDOT disregarded those recommendations. Now, major crashes on Central are up 30 percent and three motorists have died.

read more...

Permalink 12:54:57 am, by bill Email , 490 words,   English (US)
Categories: Observer Opinions, Media

Is the Dallas Morning News really going to cover Collin County?

There's reason to hope so.

The DMN this week unveiled several local blogs and community pages that promise a more 21st century coverage of Big D's northern suburbs.

Plano has both a blog and a "Community Page" that links to news stories written by the DMN staff as well as stories from other (gasp!) newspapers and online media/blogs.

The Plano blog debuted with one story about an email that caused a spat between Plano City Councilman Harry LaRosiliere and former Collin County Commissioner Phyllis Cole.

Here's the post from the Plano blog:

Chopping down an email tree: Message irks Plano Councilman
11:00 AM Wed, May 06, 2009
Theodore Kim/Reporter

For more evidence of the wildfire nature of YouTube and email, look no further than Plano. The powerful web tools have helped spark a testy dispute between City Councilman Harry LaRosiliere and former Collin County Commissioner Phyllis Cole.

At issue is a YouTube video clip of LaRosiliere addressing a group of local Muslim residents at a political event last year. It was a typical fundraiser from the looks of it, with LaRosiliere gladhanding would-be supporters for votes and money during his 2008 reelection campaign.

But the clip has since reemerged in political circles and, in recent days, touched off at least one email criticizing the councilman for the meeting.

"...is this someone I want to someday be mayor of Plano?" one emailer wrote about LaRosiliere, who is known to have mayoral ambitions. The message was signed by a "Proud Mother of two (outstanding) Marines."

The email eventually reached the inbox of Cole, who forwarded it to a number of top local politicos, including the mayors of Plano and Frisco.

On the jump, read a portion of LaRosiliere's email response...

» Continue reading: Chopping down an email tree: Message irks Plano Councilman

There's also a new Frisco Community Page and a Frisco Blog

So far, and I know its still too early to make a judgment, the articles have been interesting and the blog posts thoughtful. I hope the editors can keep the posts cutting edge and investigative and not retreat into the comfort zone of covering only high school sports.

The DMN has been creating a whole new approach (at least for them) to online news. The paper has recently added an excellent Transportation Blog that I read daily.

Their commitment to online reporting came as something of a surprise given that the News just went through a major lay-off of reporting staff.

Check out the new pages online, and let the DMN know what you think. If the News really starts covering Collin County in a meaningful way, perhaps I can finally spend my free time fishing.

Bill

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

Dallas Morning New Community Pages for Collin County:

Collin Area:

Collin County
Allen
Frisco
McKinney
Murphy
Plano
Prosper
Sachse
Wylie

Dallas Morning News Blogs:
Plano Blog
Frisco Blog
DMN Investigates Blog
Transportation Blog
Trail Blazers Blog (Politics)
Metro Blog
Opinion Blog
Religion Blog
Crime blog

05/06/09

Permalink 02:21:41 pm, by bill Email , 141 words,   English (US)
Categories: News Clippings, The Economy, Taxes

DMN - Collin County property tax valuations shrinking after years of growth

Collin County property tax valuations shrinking after years of growth

Wednesday, May 6, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

High-flying Collin County has been grounded.

Property values here, which have surged throughout the decade, are now flattening or even declining, according to appraisal records.

Countywide, taxable values have dropped slightly less than 1 percent, but some cities and school districts have seen larger dips. As a result, they may have to cut spending, reduce services or raise taxes.

"It couldn’t go on forever."
Frisco Mayor Maher Maso

The dismal national economy certainly has had an impact. Construction has slowed or ceased, while foreclosures soar.

Even Frisco, which routinely posted double-digit appraisal increases, has joined its neighbors in the slowdown. Its combined residential and commercial tax base dropped 2.2 percent during 2008, according to preliminary records from the Collin Central Appraisal District.

read more....

Permalink 05:07:37 am, by bill Email , 447 words,   English (US)
Categories: News Clippings, pandemic flu, Public Health

Swine Flu update, Collin County - May 5

Note: Plano schools closed for swine flu will re-open today

Bill

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

Health Care Services

FOR IMMEDIATE PRESS RELEASE

May 5, 2009

HEALTH ADVISORY:
H1N1 Influenza (Swine Flu)

(McKINNEY, Texas) – As of late Tuesday, May 5th, 2009, the H1N1 (swine flu) case count for Collin County is:

Confirmed Cases: 3
Probable Cases: 4

Collin County Health Care Services (CCHCS) would like to share the following guidance from the U.S. Centers for Disease Control that was released Tuesday afternoon:

  • As of today, school closures are not advised for a suspected or confirmed case of novel influenza A (H1N1) and, in general, are not advised unless there is a magnitude of faculty or student absenteeism that interferes with the school’s ability to function.
  • Schools that were closed based on previous interim CDC guidance related to this outbreak may reopen.
  • Students, faculty or staff with influenza-like illness (fever with a cough or sore throat) should stay home and not attend school or go into the community except to seek medical care for at least 7 days even if symptoms resolve sooner.
  • Students, faculty and staff who are still sick 7 days after they become ill should continue to stay home from school until at least 24 hours after symptoms have resolved.
  • Students, faculty and staff who appear to have an influenza-like illness at arrival or become ill during the school day should be isolated promptly in a room separate from other students and sent home.
  • Parents and guardians should monitor their school-aged children, and faculty and staff should self-monitor every morning for symptoms of influenza-like illness.
  • Ill students should not attend alternative child care or congregate in settings other than school.
  • School administrators should communicate regularly with local public health officials to obtain guidance about reporting of influenza-like illnesses in the school.
  • Schools can help serve as a focus for educational activities aimed at promoting ways to reduce the spread of influenza, including hand hygiene and cough etiquette.
  • Students, faculty and staff should stringently follow sanitary measures to reduce the spread of influenza, including covering their nose and mouth with a tissue when coughing or sneezing (or coughing or sneezing into their sleeve if a tissue isn’t available), frequently washing hands with soap and water, or using hand sanitizer if hand washing with soap and water is not possible.

For a complete copy of the above-referenced document, please see the following link: http://www.cdc.gov/h1n1flu/K12_dismissal.htm.

For up to the moment information on this public health concern, please visit: www.cdc.gov/h1n1flu and www.dshs.state.tx.us/swineflu.

CCHCS health advisories and updates can be viewed at: http://www.co.collin.tx.us/.

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

05/04/09

Permalink 11:19:10 pm, by bill Email , 888 words,   English (US)
Categories: News Clippings, Law, Crime & Punishment

CBS - Not The End Of The Affair

Not The End Of The Affair
CourtWatch: Capital Case In Texas Marred By Romantic Relationship Between Judge And Prosecutor

May 3, 2009
Andrew Cohen, CBS News
Attorney Andrew Cohen analyzes legal issues for CBS News and CBSNews.com

The last time we checked in on law and justice in Collin County, Texas, Matthew Goeller had almost single-handedly stopped an execution less than two hours before it was scheduled to begin. The former assistant district attorney had sworn under oath in an affidavit that the trial judge in Charles Dean Hood’s capital murder case in 1990 had been having an illicit affair with the prosecutor in the case.

Goeller's belated act of courage - he had known about the affair for decades before he went public with the information - has begun to force the state of Texas, grudgingly it seems, to do the right thing. Hood’s scheduled execution was postponed. An appellate court authorized an honest review of the unthinking conduct of former judge Verla Sue Holland and former prosecutor Thomas S. O’Connell, Jr. On Friday, a judge formally confirmed Goeller’s story.

Holland, the judge, and O’Connell, the prosecutor, “were involved in an intimate sexual relationship prior to Hood’s capital murder trial,” reads the Collin County District Court order. Neither disclosed that fact to Hood or to his attorneys before, during or after the trial. In fact, Collin County District Judge Greg Brewer found the lovers, both of whom were married to other people, “took deliberate measures to ensure that their affair would remain secret” even when specifically confronted by others, including defense representatives, about their relationship.

Holland and O’Connell, the court ruled Friday, “wrongfully withheld relevant information from defense counsel prior to and during the trial, the direct appeal, the state habeas proceedings, the federal habeas proceedings, and the successive state habeas proceedings.” This, Judge Brewer unsurprisingly found, amounted to a deprivation of Hood’s constitutional right to a fair trial. So he recommended to his bosses at the appeals-court level that they grant Hood a new trial, 19 years after his last one, to fix a problem that is plain for all to see.

The Court of Criminal Appeals now has the matter and its record in capital cases is not a particularly auspicious one. This is the court, remember, that directly and deliberately defied the United States Supreme Court in Miller-El v. Dretke, an infamous capital case involving racial discrimination in jury selection. The increasingly-frustrated justices kept sending the case back down to Texas with instructions to better protect the defendant’s rights. And the Criminal Court of Appeals, and the 5th U.S. Circuit Court of Appeals, kept failing to take the hint.

Now that Judge Brewer has found facts that establish the affair, and the efforts of two sworn public servants to hide it, it’s hard to identify a legal theory upon which Texas or its appellate courts could rely in denying Hood a new trial. Is there a more direct conflict of interest, negating the duty of impartiality and integrity in the criminal justice system, than what Holland and O’Connell did? Would you want to be a defendant in those circumstances? Would you trust the judge’s rulings, or the prosecution’s conduct, or the interaction between the two knowing that your adversary and tribune had been shacking up?

It’s possible, I suppose, that the appellate court could reject Judge Brewer’s legal conclusion that Hood’s attorneys can push this matter further even though all of the relevant events took place 19 years ago. It’s even possible, I suppose, that the appellate court will reject the interpretation Judge Brewer gave to the facts before them. But such poor judgments surely would themselves generate an appeal, and another, and maybe even a Supreme Court review. And before you know it we’ll be five more years down the road without any finality or certainty for Hood or the families of his victims, Tracie Lynn Wallace and Ronald Williamson.

Texas might consider doing here what the Justice Department did in the Ted Stevens corruption case. Faced with evidence of prosecutorial misconduct, the feds simply walked away from the conviction they obtained. Texas wouldn’t need to go nearly that far - no one (except for Hood) is suggesting that he ought to be freed or that he is necessarily an innocent man. All Texas would have to do, saving time and money, is agree now that Hood can and should be tried again before an impartial judge and an honest prosecutor. There appears to be ample evidence suggesting Hood’s culpability.

Texas then could use the money it saves fighting against a new trial for Hood on ensuring that its judicial officials understand what a conflict of interest is, and how it can be avoided, why it’s never okay for a judge and prosecutor to be romantically involved when they are working on the same cases together and why, worst of all, it’s never okay to hide such a material fact from opposing counsel. Hood’s judge and prosecutor lied, over and over again, to hide their affair. Any blame for the delay in bringing justice to Hood is their fault, not his, and Texas would be better off acknowledging that now.

link to article on CBS News.....

Permalink 10:09:29 am, by bill Email , 317 words,   English (US)
Categories: News Clippings, pandemic flu, Public Health

Collin County Swine Flu update - May 4

Collin County Health Advisory: Swine Influenza

As of Monday morning, May 4, 2009, this is the count on Swine Influenza from Collin County’s health authority:

Confirmed Cases: 1
Probable Cases: 3
Schools Closed: 3

Health authorities confirmed the first local case of Swine Flu, a 14-year-old Plano middle school student, after test results were verified by the U.S. Centers of Disease Control last week.

According to Collin County Health Care Services and the Plano Health Authority a student at Wilson Middle School is the only confirmed case of H1N1? Influenza, with two more “probable” cases in the county under investigation by health authorities.

The Plano Independent School District announced Sunday, May 3, that Barron Early Childhood School and Sigler Elementary School will be closed until May 18, due to a few strong probable cases of Influenza A H1N1? virus (swine flu). Wilson Middle School, originally schedule to be closed until May 11, will also remain closed until May 18.

The two-week closures are based on U.S. Centers for Disease Control recommendations because children are likely to be infectious for about 7–10 days after the onset of illness.

Residents are advised to take a few preventative measures to protect themselves against this respiratory disease.

Collin County Health Care Services (CCHCS) is working closely with the Texas Department of State Health Services (DSHS) to provide guidance for the public and health providers.

For Collin County buildings, our Facilities Management staff is taking extra precautions in sanitizing public, employee and common areas to help lessen the spread of Swine Flu Housekeeping personnel will clean all areas with a disinfecting solution several times during the work day, as well after their regular hours routine.

Collin County Epidemiology, Health Department, and Homeland Security staff members will continue to provide updates and guidelines for health care providers, and school administrators. We will continue to update this page daily until public health concerns over Swine Flu subside.

read more....

Permalink 01:19:28 am, by bill Email , 207 words,   English (US)
Categories: Observer Opinions, Elections

Early Voting continues through Tuesday

There are only two days of early voting left in the local election that will be held next Saturday.

Early voting locations will be open Monday and Tuesday from 7 AM to 7 PM. After Tuesday, your last chance to vote in local city and school board races will be on election day, Saturday, May 9 from 7 AM to 7 PM.

Turnout is light, your vote will count!

Elections officials assure me that you should have little concern about getting the swine flu from the voting booth. The county has released pandemic flu funds to the Elections Department so that polling places will be equipped with hand sanitizing stations. School polling locations will be cleaned and disinfected both before and after the election.

Schools that are closed due to the flu outbreak will be opened for election day voting. Again, these polling places will be sanitized.

A list of candidates and races can be found here.

A list of early voting locations and sample ballots for county run contests is here.

Election day polling places are listed here.

With a turnout of about 8% expected, your vote will carry the weight of 10 to 12 voters, so this is your chance to have a real influence on the future of your community.

Vote!

Bill

Permalink 12:38:06 am, by bill Email , 1040 words,   English (US)
Categories: Observer Opinions, Open Government, Good Governance, Ethics

Collin County vs. Auditor: Who won? Who lost?

It was on April 8, 2008 that Don Cozad, the Collin County Auditor asked the Texas Attorney General to rule whether the auditor had the right to access county computer software for auditing purposes. A year later, on April 28, 2009 the Auditor and the County Commissioners have signed a settlement.

What year its been getting to a settlement!

Background:
The issue of access by the auditor's office had been long simmering since the county installed the PeopleSoft program to run all of its HR and payroll functions. After being frustrated by roadblocks to read-only data access thrown up by the commissioners and other elected department heads, the Auditor, with the consent of the District Judges, asked County District Attorney John Roach for a written opinion on the question.

DA Roach declined to issue an opinion and suggested that Cozad take the matter to the Attorney General. He did, and the county commissioners filed suit in district court to stop the AG from ruling. The auditor filed a counter suit and then also filed suit as an individual against the commissioners.

The commissioners then refused to pay the auditor's legal bills.

After much legal gymnastics, visiting Judge Jerry Calhoun denied the county's request for a trial and ruled in a summary judgment for the Auditor on all counts. The county filed a new law suit, this time asking for a trial to prohibit the auditor from accessing computer software without prior permission from the county. Once again, Judge Calhoun refused the county a trial and ruled in favor of Cozad. The county then appealed.

After losing in court twice, the commissioners asked Rep. Jerry Madden to file a bill in the Texas Legislature that would limit the rights of the auditor to inspect computer software. The bill was roundly criticized in committee and will not survive to a vote.

At this point, with the chances of a successful appeal doubtful, it seemed that the commissioners court would have to come to some sort of agreement with Cozad.

With the signing of the final settlement who really did win?

The settlement or Memorandum of Understanding (MOU) between the Auditor and commissioners requires that the county pay Mr. Cozad's attorneys, Siebman, Reynolds, Burg, Phillips & Smith, $150,000. With the estimated cost of the county's own legal bills from Gardere Wynne Sewell at over $200,000, it seems that the lawyers could certainly count themselves among the winners.

In the MOU, the commissioners promise that Cozad would be able to gain read-only access to the PeopleSoft program, and to any software "owned, operated, and/or in the custody/custodian control of Commissioner's Court departments."

The restriction to "Commissioner's Court departments" could be an issue in the future. In her testimony before the Texas House County Affairs Committee in March, Caren Skipworth, the county's IT director, testified that some departments under elected officials controls had refused read-only access to the auditor. Skipworth specifically mentioned the District Attorney's office and the Tax Assessor-Collector.

The MOU between the commissioners and Cozad could be read as to exclude these departments from the agreement, although sources who are familiar with the MOU have told me that they expect no such challenges. The MOU also does not address access to the Odyssey system, which many believe was the real issue behind the commissioner's lawsuits. (I have heard rumors that Tyler Technologies has upgraded much of Odyssey to allow for an auditor's portal.)

As a result of the agreement, Don Cozad gets all his legal bills paid without having to wait for a lengthy appeals process. In the end, he gave up virtually nothing and did get just about all he asked for. Cozad is a winner here. He wants to retire. Now he can, and with the assurance that he will not take a huge personal financial hit as a result of these lawsuits.

Collin County got off the hook on its lawsuit. The Commissioners negotiated an inexpensive software package (the same ACL software the auditor asked the court to authorize on two separate occasions, but was refused) that the auditor will use for read-only access to their large software systems instead of requiring major and expensive modifications.

However, now that Cozad is retiring, the County will have a difficult time recruiting a top-notch replacement auditor. After all, what seasoned professional wants to got to work for an employer who tried to financially ruin his predecessor.

In the end, it is the Taxpayers of Collin County who are the big losers. They paid well over $350,000 to litigate a law suit that the Texas Attorney General could have decided for free.

Bill

Postscript:
In this uncertain financial environment, I hope but do not expect that our elected Commissioners Court will accept the responsibility for their actions and repay the taxpayers the money that was frivolously spent pursuing these disastrous lawsuits against the taxpayers' auditor.

Budget planning for FY 2010 has already started. It will take a $70,000 salary cut by the County Judge and each of the 4 commissioners to pay back the taxpayers for the court's recklessness.

BB

NOTES:

Documents:

Memorandum of Understanding, dated April 28, 2009

Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth
, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:

County settles with Auditor, CCO April 29, 2009

Collin County Auditor - The media catches on, Madden doesn't, CCO March 11, 2009

Auditor told to grovel - still gets nothing, CCO February 24, 2009

Auditing, Collin County Style, CCO January 22, 2009

Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

05/03/09

Permalink 09:25:43 pm, by bill Email , 711 words,   English (US)
Categories: News Clippings, Politics, Elections

DMN - Plano fire union's political clout grows

Plano fire union's political clout grows

Saturday, May 2, 2009
By THEODORE KIM / The Dallas Morning News

In the face of Plano's worst budget squeeze in years, one constituency seems almost impervious to talk of big cuts: the Fire Department.

Part of that is recognition of the department's critical nature and of those willing to put themselves in harm's way.

But the department also can credit the Plano Firefighters Association, which in its short political life has emerged as City Hall's most potent special interest.

"It's a coveted endorsement," said City Council member Mabrie Jackson, who won the group's backing and her council seat, last year.

Fire unions have long been active participants in Texas politics and beyond, with groups spending big dollars on local races in Arlington, Dallas, Irving and Mesquite. A Fort Worth group poured more than $700,000 into last year's elections, records show.

The rise of Plano's association is a reflection of a city undergoing political change. Long dominated by real estate interests, new constituencies have risen as growth has slowed.

With much at stake – from salaries and benefits to working conditions – Plano's union is upping the ante.

Since forming a political committee in 2003, the association has pumped more than $75,000 into city campaigns, more than any other entity. (Coincidentally, the Plano Police Association has spent far less on recent campaigns.) And with Saturday's election fast approaching, the amount is growing.

While the fire association does not have collective bargaining power, it has reach. It awards endorsements, works the polls and mails campaign ads that many candidates would otherwise not be able to afford.

The group, affiliated with the International Association of Fire Fighters, also supports the national union's push for a collective bargaining law.

Off the campaign trail, the group periodically treats council members to dinner. Council member Sally Magnuson, who is stepping down next month because of term limits, said she occasionally visits stations where she and firefighters join in home-cooked meals.

Association leaders say the goal is to forge relationships and ensure their phone calls are answered. The group pays for its political activities with donations, not dues.

Yet some are concerned about the group's influence because the mayor and council have the ultimate say in the department's budget, pay and benefits.

"I admire the firefighters. But the association is taking it a step further and influencing people with money," said Susan Plonka, a council candidate. "To say they have to pay us $20,000 to get a phone call returned is not accurate."

The association, which recently endorsed Plonka's opponent, Ben Harris, for the Place 2 council seat, does not see it that way.

"We don't feel like our side has been told a lot of times in the past," said Scott Kerr, the association president. "But ultimately the decision is [the City Council's]. And we respect that."

Gauging the association's impact is hard because public safety costs often make up much of any city's budget. Pay and benefits for the 323-worker Fire Department constitute roughly one-quarter of the city's entire general fund payroll.

But the numbers reveal a department among the state's best paid and best equipped.

Most in the department earn relatively modest salaries. But more than 50 make more than $90,000, city records show. The city's 14 top chiefs earn more than $100,000. Many of the highest paid are supervisors or have worked in Plano for a decade or more.

Salaries in most places range between $40,000 and $90,000 depending on rank and tenure, according to surveys.

This election, voters will decide on a bond package that includes money to install fitness centers at some stations.

Supporters say the investments are paying off. Plano is one of only a handful of North Texas cities to claim a top fire-suppression rating from the Insurance Services Office. The rating keeps insurance premiums lower citywide.

Lately, the department's ambitions have run into an economic wall. Despite several rounds of cutbacks, Plano faces projected recurring budget shortfalls.

The association and city remain at odds over a new cost-savings plan that could eliminate two administrative positions, Fire Chief Hugo Esparza said. He said his relationship with the group has been one of give and take.

In the meantime, the group hopes to put its imprint on the current campaign. It has sent out mailers and made donations.

read more....

Permalink 09:16:55 pm, by bill Email , 162 words,   English (US)
Categories: Observer Opinions, Obits

Richard A. Bode: 1932-2009

Former Plano City Councilman Richard Bode died on May 1 after a long battle with cancer.

Mr. Bode served on the Plano City Council from 1990 to 2000, and was Mayor Pro Tem from 1996 to 2000. He was very involved in the Plano community, serving on the Leadership Committee of the John Paul, II, High School in Plano (2000-20030, Plano women's shelter Hope's Door (2000-2009) and the Collin County Adult Clinic in Plano.

I am told by one of his friends that just a few days before he died, he performed one more service to the community when he mailed in his absentee ballot.

A Memorial Service will be held Monday, May 4, at 10 a.m., at Our Lady of Angels Catholic Church, located at 1914 Ridgeview Drive, in Allen, with a reception to follow. His ashes will be interred at the Columbarium at St. Elizabeth Ann Seton Church in Plano at a later date.

More information can be found in the obituary published in today's Dallas Morning News.

Bill

Permalink 04:08:31 pm, by bill Email , 333 words,   English (US)
Categories: News Clippings, pandemic flu, Public Health

Collin County Swine Flu update - May 1

As of late Friday afternoon, May 1, 2009, this is the count on Swine Influenza from Collin County’s health authority:

Confirmed Cases: 1

Probable Cases: 3

Schools Closed: 1

Health authorities confirmed the first local case of Swine Flu, a 14-year-old Plano middle school student, after test results were verified by the U.S. Centers of Disease Control earlier today.

According to Collin County Health Care Services and the Plano Health Authority a student at Wilson Middle School is the only confirmed case of H1N1? Influenza, with two more “probable” cases in the county under investigation by health authorities.

Residents are advised to take a few preventative measures to protect themselves against this respiratory disease.

Collin County Health Care Services (CCHCS) is working closely with the Texas Department of State Health Services (DSHS) to provide guidance for the public and health providers.

For Collin County buildings, our Facilities Management staff is taking extra precautions in sanitizing public, employee and common areas to help lessen the spread of Swine Flu Housekeeping personnel will clean all areas with a disinfecting solution several times during the work day, as well after their regular hours routine.

Collin County Epidemiology, Health Department, and Homeland Security staff members will continue to provide updates and guidelines for health care providers, and school administrators. We will continue to update this page daily until public health concerns over Swine Flu subside.

Read more on the Collin County Swine Flu website.....

Update to the update: May 3, 2009 8:19 PM

The Dallas Morning News reports that two more Plano ISD schools will close due to possible swine flu infections. Plano ISD officials announced Sunday that Barron Early Childhood School and Sigler Elementary School are closed until May 18.

The DMN's article also mentions two probable cases of swine flu at Thomas Hicks Elementary School in Frisco. Thomas Hicks Elementary is in the Lewisville ISD, which has already closed all its campuses.

See Plano ISD closes two more schools because of probable swine flu cases, The Dallas Morning News, May 3, 2009

Bill

Permalink 03:38:05 am, by bill Email , 152 words,   English (US)
Categories: Observer Opinions, Environment, Water

Cursing the rain?

"Many a man curses the rain that falls upon his head, and knows not that it brings abundance to drive away the hunger." Saint Basil

The recent torrential rains may have wrecked your weekend cookout, but they were great for the region's water supply.

For the first time since June of last year, both lakes that are the primary sources of water for the North Texas Municipal Water District are at planned capacity (full, but not in flood conditions).

Early this morning, Lake Lavon rose past 492' above sea level, which is its normal conservation pool capacity.

Lake Chapman, in east Texas is also at its normal capacity and is releasing water from its dam.

The NTMWD also can draw water from Lake Tawakoni and Lake Texoma. Tawakoni is still 3' low, but Lake Texoma is over 7' above conservation pool - the Eisenhower Dam open and releasing 10,000 cfm (cubic feet per minute of water).

Bill

05/02/09

Permalink 11:47:12 pm, by bill Email , 737 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Ethics

Hood gets his appeal (maybe)

The capital case of the State of Texas vs. Charles Dean Hood reached another milestone Friday when Collin County District Judge Greg Brewer ruled that Hood's lawyers did not wait too long to file an appeal based on allegations that Hood's trial judge and the then Collin County DA were involved in a sexual relationship that denied him a fair trial.

Charles Dean Hood
Judge Verla Sue Holland
Tom O'Connell

It was back in 1990 that Charles Dean Hood was sentenced to death for a double homicide.

In the years since his sentence, Dean has survived 5 execution dates.

Seven months ago, in September of 2008 the truth of how Hood's trial was conducted finally came out. After stonewalling tactics from the Collin County District Attorney's office failed, District Judge Greg Brewer required the trial judge Verla Sue Holland and Tom O'Connell, the former Collin County DA to give sworn depositions detailing the relationship they concealed from defense attorneys for 14 years.

A previous appeal to the Texas Court of Criminal Appeals (CCA) based on the alleged Holland/O'Connell had failed when the court ruled that no proof existed that the affair had in fact happened. This appeal was brought after a former Collin County assistant DA filed an affidavit stating that the Holland/O'Connell affair was "common knowledge" at the county courthouse.

After the CCA ruled, and less than two hours before Hood's scheduled 6 p.m. execution, Collin County District Judge Curt Henderson issued an order withdrawing the warrant for execution. Judge Henderson then recused himself from the case. The COCA reinstated the warrant later that evening, but by then it was too late to carry out the execution.

Since the appeals process does not allow for the subpoenaing and deposition of witnesses, Hood's defense team then tried a desperate tactic. They went back to the district courts and said they wanted to sue Holland and O'Connell for violation of Hood's civil rights - thereby using the discovery process to compel the testimony of the former judge and former DA.

It almost didn't work. The civil case was originally assigned to District Judge Robert Dry. Judge Dry scheduled a hearing on Hood's lawsuit to occur 2 days after the execution date. Dry noted that it wasn't necessary for Hood to be alive - his estate could file the suit in his stead.

Several days later, Judge Dry, citing a "previous business relationship with Earl Holland, ex-husband of Judge Sue Holland", recused himself from the case.

Hood's civil action was then assigned to Judge Brewer.

After hearing testimony that the former judge and DA had been involved in a long running, illicit and adulterous affair, Hood's attorneys finally had the proof they needed to ask the Court of Criminal Appeals to grant Hood a new trial.

The Collin County DA, argued against granting Hood a new trial, saying that Hood's attorneys waited too long to present new evidence in the appeals process. In response, the CCA sent the case back to Judge Brewer, ordering him to hold a hearing to determine if Hood has waited too long to raise the issue of the affair in his appeal. The CCA noted that, The prosecution bears responsibility for proving the defense waited too long to bring up the issue, but the court ruled “both parties should be allowed to be heard.”

Judge Brewer held the hearing and ruled in favor of Mr. Hood.

In January, responding to objections raised by the Collin county district Attorney's office, the CCA again sent the case back to Brewer on another procedural question.

On Friday, Judge Brewer again ruled in favor of Hood.

Once again, the life of Charles Dean Hood is in the hands of the Texas Court of Criminal Appeals - the court that Judge Vela Sue Holland was a member of for 4 years, and the same court whose Chief Justice (Sharon Keller) is facing disciplinary action and an impeachment hearing for her handling of an execution appeal.

Bill

I want to add the following to the previous article:

Grits for Breakfast has written an excellent critique of the proceeding and its implications for the Court of Criminal Appeals. It's a must read.

Also Judge Brewer's findings are very instructive in understanding why justice demands that Hood receive a new trial.

Notes:
Sex Parte: Coverup of judicial tryst tests CCA's ethical mettle, Grits for Breakfast, May 2, 2009

EX PARTE CHARLES DEAN HOOD, Cause No. W296-80233-90, Judge Greg Brewer, May 1, 2009

Bill

04/30/09

Permalink 05:59:10 pm, by bill Email , 505 words,   English (US)
Categories: News Clippings, pandemic flu, Public Health

County issues Swine Flu update

Collin County Health Care Services
825 N. McDonald? St. Suite 130
McKinney?, Texas 75069
www.collincountytx.gov

FOR IMMEDIATE RELEASE

April 30, 2009
HEALTH ADVISORY: Swine Influenza


(McKINNEY, Texas) – No confirmed cases of swine influenza A virus have been reported in Collin County as of late Wednesday afternoon, April 29, 2009.

Epidemiologic investigations being conducted by Collin County Health Care Services (CCHCS) are ongoing. We are also diligently working with physicians throughout the county to respond to this ongoing public health concern.

According to the U.S. Centers for Disease Control (CDC), the outbreak of disease in people caused by a new influenza virus of swine origin continues to grow in the United States and internationally. Today, CDC reports additional confirmed human infections, hospitalizations and the nation’s first fatality from this outbreak. The more recent illnesses and the reported death suggest that a pattern of more severe illness associated with this virus may be emerging in the U.S. (See Table below)

Some useful resources for persons who have questions regarding swine flu are as follows:

Texas Department of State Health Services (DSHS) has activated a hotline for people to call with questions about swine flu. The hotline is available from 7 am to 7 pm and can be reached by dialing 1-888-777-5320.

To protect against becoming sick, take the following steps:

  • Cover your cough!—Make sure to cough or sneeze into a tissue or sleeve to prevent the spread of germs
  • Wash your hands!—Thorough hand washing with soap and water is the best way to get rid of germs; Alcohol based hand sanitizers are also recommended when soap and water are not available
  • Keep hands off!—Germs are easily spread from person to person or person to surfaces when you touch your eyes nose or mouth first
  • Sick? Stay home!—Staying home from school or work when you are ill helps prevent the spread of illness

U.S. Human Cases of Swine Flu Infection
(As of April 29, 2009, 11 a.m. ET)

States# of laboratory confirmed casesDeaths
Arizona1
California14
Indiana1
Kansas2
Massachusetts2
Michigan2
Nevada1
New York51
Ohio1
Texas161
TOTAL COUNTS911

International Human Cases of Swine Flu Infection
See: World Health Organization

April 30 5:45 PM UPDATE:

FOR IMMEDIATE PRESS RELEASE
April 30, 2009


HEALTH ADVISORY: 1st Swine Flu case confirmed; two probable cases being investigated

(McKINNEY, Texas) – Health authorities confirmed the first local case of Swine Flu, a 14-year-old Plano middle school student, after test results were verified by the U.S. Centers of Disease Control earlier today.

According to Collin County Health Care Services and the Plano Health Authority a student at Wilson Middle School is the only confirmed case ofH1N1 Influenza, with two more “probable” cases in the county under investigation by health authorities.

For updates and more information on a local and national basis, please logon to www.collincountytx.gov.

Permalink 04:50:11 pm, by bill Email , 304 words,   English (US)
Categories: Observer Opinions, Good Governance, Law, Crime & Punishment, Prometa, Ethics

Prometa update

Remember Prometa?

Prometa is the controversial, unproven drug treatment regimen involving a "cocktail" of drugs delivered intravenously and sold by Hythiam, an upstart company founded by Terren Peizer, a stock and bonds whiz kid.

Hythiam argued that it didn't need FDA approval, instead the company aggressively marketed Prometa to government agencies.

Former Collin County district Judge Charles Sandoval liked Prometa. He experimented with it, using convicted meth addicts as guinea pigs, even though the drug program had not been approved by the FDA.

After a series of scandals and setbacks, there are to the best of my knowledge no government agencies that are testing or using Prometa any more.

For several years now, Hythiam has promised to release peer reviewed, double blind testing results that will prove that Prometa is effective. Instead all it has published are more promises and hypes for its stock. The few test results it has released have not been peer reviewed. (Hythiam has the disconcerting habit of using its financial marketing group to write scientific sounding press releases that end with financial disclaimers.)

So what is Hythiam doing now?

Well mostly, it appears to be trying to stay afloat. Its sales are down and operating losses are up. The company has changed its marketing emphasis from selling to governments to HMO's. The number of clinics licensed to sell the Prometa program are down from 70 in 2007 to 49 in 2008.

Back in 2007, Hythiam stock was trading for about $9.00 per share. When the Collin County Observer published its first article in January of 2008 questioning the use of Prometa on probationers, the stock was trading at about $3.00.

Today, Hythiam closed at $0.26 per share. Hythiam stock has traded as low as $0.17 this year. Morningstar lists the stock as "distressed".

...and Peizer is still trying to sell the stuff (Both the stock and the drugs).

Bill

Permalink 11:18:09 am, by bill Email , 255 words,   English (US)
Categories: News Clippings, Media

DMN - Plano Star Courier parent American Community Newspapers files for bankruptcy

Plano Star Courier parent American Community Newspapers files for bankruptcy

April 30, 2009
Dallas Morning News / Associated Press

American Community Newspapers Inc., which operates the Plano Star Courier and other small newspapers in Dallas and three other major U.S. markets, has filed for bankruptcy protection, citing "an unprecedented and severe decline in advertising revenue."

The company filed its Chapter 11 petition Tuesday in U.S. Bankruptcy Court in Delaware, becoming the sixth publisher of daily newspapers to file for bankruptcy protection.

The company said its secured creditors will provide a $5 million debtor-in-possession credit facility. In its filing, the company lists assets in the range of $50 million to $100 million and debts totaling about $107 million.

The Dallas-based newspaper group has 86 newspapers, including three dailies, and 14 niche publications in the Dallas; Minneapolis; Columbus, Ohio; and Northern Virginia areas. According to the filing, the chain has a combined circulation of about 1.3 million and earned $63.8 million in revenue in fiscal year 2008.

The company said in a news release that it planned to continue normal business operations.

"Our readers and advertisers are our most important assets, and we are committed to providing them with outstanding service in the months and years ahead," said Chairman and Chief Executive Gene Carr.

In the filing, the company said it stopped making quarterly debt payments in September and was running out of cash "without any prospect of obtaining additional funding."

The filing indicated that ACN planned to sell its assets, without providing additional details. A company spokesman didn't immediately return a phone call seeking comment.

read more....

04/29/09

Permalink 03:15:06 am, by bill Email , 593 words,   English (US)
Categories: Observer Opinions, Good Governance, Law, Crime & Punishment

County settles with Auditor

Monday night, after the Collin County commissioners met in executive session, they voted 5 - 0 to approve an 'agreement' settling their lawsuits against Don Cozad, the county's internal auditor.

Terms of the settlement are not available, but the Collin County Observer has requested a copy of their 'agreement' and will publish it here as soon as it is released.

Last year, the county commissioners lost two lawsuits they filed against their auditor, who was trying to gain access to county computer systems. The commissioners had appealed the summary verdicts against the county. Today was the deadline for filing a brief in the 5th Court of Appeals.

The County first filed suit against their auditor last May in an attempt to stop him from asking the Texas Attorney General to rule on a dispute over access to the county's large computer systems. Cozad was seeking 'read only' access to all administrative and data areas of these programs. He stated that he needed that access in order to verify the integrity of the financial data the programs reported.

When visiting Judge Calhoun ruled in a summery judgment against the county, the commissioners filed a second suit seeking to simply prohibit the auditor the access he required.

Once again, without a trial, Judge Calhoun entered a verdict for the Auditor on all points. The judge also ordered the county to pay Cozad's attorney fees. After filing an appeal, the county asked Plano's State Representative, John Madden to file a bill in the legislature limiting an auditor's access to automated systems. After a committee hearing that was a disaster for Collin County Judge Keith Self, most capital observers consider Madden's bill dead.

So, after almost a year of failed litigation, failed legislative action and the expense of over $300,000 of taxpayer money, this case seems to finally be at an end. It is really tragic that Cozad's lead attorney is unable to share in the victory. Homer B. Reynolds III died earlier this month, just a few weeks before the county's settlement.

It has been almost exactly a year since the Collin County Observer first wrote on Cozad's attempt to seek an AG opinion. All of this could have been avoided if the commissioners had let Mr. Cozad exercise his right to seek that independent opinion from the Texas Attorney General. The hubris of the elected commissioners has cost the taxpayers of Collin County over $300,000, has effectively ended the career of a long time, honest and dedicated auditor, and has seriously tarnished the reputations of each and every member of the Collin County Commissioners Court.

Bill

Notes:

Documents:
Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth
, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:
Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

04/24/09

Permalink 06:19:41 am, by bill Email , 1532 words,   English (US)
Categories: News Clippings, Elections

Early voting begins Monday, Apr. 27 for local elections

Early voting in the 2009 municipal and school board elections begins Monday, May 27, 2009 and runs through May 5. Early voting locations for cities and schools that have contracted with the Collin County elections department can be found here.

Election day is Saturday May 9. The polls will be open from 7:00 AM to 7:00 PM.

Voters who live in Plano, and the larger cites in the county will find that voting in a local election is easy. There are no lines and since election day is on a Saturday, there is no need to miss time at work.

Unfortunately for many, voting in local elections in Texas can be very confusing and frustrating. Some folks will have to vote twice. For example, if you live in Lucas and in the Wylie ISD, you would have to go to the Lucas City Hall to vote for City Council, and then drive to Wylie to vote for school board. If you live in the City of Dallas, and Plano ISD, you will also have to vote in 2 separate locations.

Each school district, city, and water district establishes the Election Day polling locations for their elections. In order to save money, some City Councils and School Boards consolidate precincts into one polling place. For information about an election not listed here, contact the city secretary or school board office directly. Regardless of the election, the Election Day polls are always open from 7:00 AM to 7:00 PM.

The Collin County elections department contracts with most, but not all of the cities and schools. If your city or ISD is not listed on the Election Department's site, then another county or you city may be conducting the election. If you are not sure where to vote, call the elections department at 972-547-1990.

I have listed below the local races I know of in Collin County. I may have missed a few that are not contracted with Collin County Elections. After each city or school district, I have noted who is actually running the election process.

Allen City Council, Place 1 Debbie Stout(I)
Allen City Council, Place 3 Joey Herald(I)
Allen City Council, Place 3 Kurt Kizer
Allen City Council, Place 5 Gary Caplinger(I)
(Collin County elections)

Allen ISD, Place 1 Jayne J. Grimes(I)
Allen ISD, Place 2 Benny Bolin (I)
Allen ISD, Place 3 Jason Shepard

Allen ISD Bond: $119,435,000 for construction of school buildings.
(Collin County elections)

Anna City Council, Mayor Kenneth Pelham
Anna City Council, Mayor Darren R. Driskell
Anna City Council, Place 1 Mike Crist
Anna City Council, Place 1 Timothy Bates
Anna City Council, Place 3 Keith Green
Anna City Council, Place 5 Mark Hendricks
(Collin County elections)

Anna ISD, Place 2 Billy Deragon
Anna ISD, Place 2 Jeff C. Frazier
Anna ISD, Place 6 Alan Walters
Anna ISD, Place 6 Becky Woodard
(Collin County elections)

Celina City Council, Place 2 Wayne Nabors(I)
Celina City Council, Place 3 Dewey Isham(I)
Celina City Council, Place 4 Dick Smith(I)
Celina City Council, Place 4 Bill Stearns
(Collin County elections)

Blue Ridge City Council, no information available
City of Blue Ridge

Blue Ridge ISD, Place 1 Brad Duncan (I)
Blue Ridge ISD, Place 5 Kevin Dauster
Blue Ridge ISD, Place 5 Greg Douglas
Blue Ridge ISD

Celina ISD, Place 5 Jeff Wade
Celina ISD, Place 5 Sandra Lerma
Celina ISD, Place 5 Pam Peters
Celina ISD, Place 6 Brooks Barr(I)
Celina ISD, Place 7 Lance Haynes(I)
Celina ISD, Place 7 Tim Terzis
(Collin County elections)

Dallas City Council, Place 12 Ron Natinsky

City of Dallas Proposition 1: To amend the City Charter to prohibit the City from building a city owned hotel.

City of Dallas Proposition 2: To amend the City Charter to require the City to give public notice before financing a hotel, and to allow for a referendum on city financing of a hotel.
(Dallas County Elections)

Community ISD, no information available
Community ISD

Farmersville City Council, Place 1 Shirley Horton(I)
Farmersville City Council, Place 3 Billy Long(I)
Farmersville City Council, Place 5 Lee Warren(I)
Farmersville City Council, Place 5 Fred Langford
City of Farmersville

Farmersville ISD (2 positions) Chris Reavis
Farmersville ISD (2 positions) Karrissa Edwards
Farmersville ISD (2 positions) Robert Norman
Farmersville ISD

Frisco City Council, Place 1 Bob Allen
Frisco City Council, Place 1 Harold Colvin
Frisco City Council, Place 3 Patrick E. Fallon
Frisco City Council, Place 3 Rhonda K. Martin
Frisco City Council, Place 3 Phil Ramirez
Frisco City Council, Place 3 Hunt Reifschneider
(Collin County elections)

Frisco ISD, Place 6 Buddy Minett(I)
Frisco ISD, Place 7 Cindy DePaolantonio(I)
Frisco ISD, Place 7 John Hoxie
(Collin County elections)

Josephine City Alderman, Place 1 Larry Aaron
Josephine City Alderman, Place 1 Angela D. Gay
Josephine City Alderman, Place 2 Aaron Gilbreath
Josephine City Alderman, Place 4 William "Bill" Crosetti
Josephine City Alderman, Place 4 Bill Miller
Josephine City Alderman, Place 4 Terry "Bear" Wagner
Josephine City Alderman, Place 4 James Reagan
Josephine City Alderman, Place 4 Lee Roy Phillips
City of Josephine

Lavon City Council, no information available
City of Lavon

Lovejoy ISD, Position 6 Elena Westbrook(I)
Lovejoy ISD, Position 6 Marianne Nevil
Lovejoy ISD, Position 7 Lynette MacDonald(I)
Lovejoy ISD, Position 7 Daris Nevil
(Collin County elections)

Lowry Crossing City Council, Mayor Derek Stephens
Lowry Crossing City Council (2 positions), Scott Becker
Lowry Crossing City Council (2 positions), Jim Westendorf
Lowry Crossing City Council (2 positions), Dan Arney
Lowry Crossing City Council (2 positions), Ricardo Cervantes, Jr.
(Collin County elections)

Lucas City Council, Mayor Bill Carmickle
Lucas City Council, Mayor Ann Guzman
Lucas City Council, Seat 1 John Ellrich
Lucas City Council, Seat 1 Mark H. Barratt
Lucas City Council, Seat 2 Kerry Leath
Lucas City Council, Seat 2 Jonathan Spinks
Lucas City Council, Seat 2 Rebecca Mark
Lucas City Council, Seat 2 Larry Essary
Lucas City Council, Seat 3 Don Zriny
City of Lucas

McKinney City Council, Mayor George Fuller
McKinney City Council, Mayor Brian Loughmiller
McKinney City Council, Dist. 1 Randall Wilder
McKinney City Council, Dist. 1 Don Day
McKinney City Council, Dist. 1 Maurice Malvern
McKinney City Council, Dist. 1 Alonzo Tutson
McKinney City Council, Dist. 3 Travis Ussery, Jr
McKinney City Council, at-large Gilda Garza
McKinney City Council, at-large David Brooks
McKinney City Council, at-large Curtis Rath
(Collin County elections)

McKinney ISD, Place 1 Maria McKinzie (I)
McKinney ISD, Place 2 Mark Rude(I)
(Collin County elections)

Melissa City Council, Mayor David Dorman (I)
Melissa City Council, Mayor Reed Greer
Melissa City Council, Mayor Micki Jobson
Melissa City Council, Place 2 Sharon Weideman
Melissa City Council, Place 4 William Farmer
Melissa City Council, Place 4 Aaron Chowning

Melissa Proposition: The legal sale of all alcoholic beverages except mixed beverages.
(Collin County elections)

Nevada City Council, no information available
City of Nevada

New Hope Town Alderman (choose 3), Gene Fowler
New Hope Town Alderman (choose 3), Patricia C. Monson
New Hope Town Alderman (choose 3), Jeff Herbst
New Hope Town Alderman (choose 3), De St. Aubin
Town of New Hope

Plano City Council, Place 2 Ben Harris
Plano City Council, Place 2 Susan Plonka
Plano City Council, Place 4 Lissa Smith
Plano City Council, Place 6 (Mayor) Phil Dyer
Plano City Council, Place 6 (Mayor) David Fincannon
Plano City Council, Place 8 Lee Dunlap(I)
Plano City Council, Place 8 Greg Myer
Plano City Council, Place 8 Imran Khan

Plano City, Proposition 1: $11,368,000 for public safety improvements.
Plano City, Proposition 2: $8,000,000 for technology improvements to city facilities.
Plano City, Proposition 3: $34,754,500 for street improvements.
Plano City, Proposition 4: $1,750,000 for library facilities.
Plano City, Proposition 5: $48,650,000 for parks and recreation improvements.
Plano City, Proposition 6: $24,100,000 for recreation centers.
Plano City, Proposition 7: repeals $3,500,000 for overpass at Legacy and Preston.
(Collin County elections)

Plano ISD, Place 6 Steve Navarre
Plano ISD, Place 6 Marilyn Hinton
Plano ISD, Place 6 Nathan Barbera
Plano ISD, Place 6 Rama Lavu
Plano ISD, Place 7 Missy Bender(I)
Plano ISD, Place 7 Robert Canright
(Collin County elections)

Princeton City Council, Mayor Steve Deffibaugh(I)
Princeton City Council, Mayor Ken Bowers
Princeton City Council, Place 1 Billy Combest(I)
Princeton City Council, Place 2 Rick Wheeler(I)
Princeton City Council, Place 2 Brandon Kilpatrick
Princeton City Council, Place 2 Jeremy Jones

Princeton City Proposition: The legal sale of beer and wine for off premises consumption only.
(Collin County elections)

Princeton ISD (3 positions), Chuck Campbell(I)
Princeton ISD (3 positions), Rick Jondron
Princeton ISD (3 positions), Clinton Lowrance
Princeton ISD (3 positions), Tim Tidwell
(Collin County elections)

Prosper ISD, Place 4 Paul Funderburg
Prosper ISD, Place 4 Wayne Bernstein
Prosper ISD, Place 5 Jim Wicker
Prosper ISD, Place 7 Daniel Jones
(Collin County elections)

Royce City Council, Mayor William J. Archer
Royce City Council, Mayor Connie Goodwin
Royce City Council, Mayor Jerrell Baley
Royce City Council, Place 1 Xavier Cortez
Royce City Council, Place 1 Brooks M. Williams
Royce City Council, Place 1 Janet Nichol
Royce City Council, Place 3 Bill Bell
Royce City Council, Place 5 James Branch
Royce City Council, Place 5 Mark Plemmons
Rockwall County Elections

Sachse City Council, Place 1 Charles W. Smith
Sachse City Council, Place 2 Scott Whitfield
Sachse City Council, Place 2 Hal Hinckley
Sachse City Council, Place 2 Jared Patterson
(Dallas County Elections)

St. Paul Town Council, Seat 1 Chad Roberts (I)
St. Paul Town Council, Seat 2 Jim McCassland
St. Paul Town Council, Seat 2 David Thomas Gensler
St. Paul Town Council, Seat 2 David Michael Wittington
St. Paul Town Council, Seat 4 Jeremy Simmons
St. Paul Town Council, Seat 4 John C. Scanlan (I)
Town of St. Paul

Wylie City Council, Place 2 M.G. "Red" Byboth(I)
Wylie City Council, Place 4 Bennie Jones
Wylie City Council, Place 4 Gilbert Tamez Sr.
(Collin County elections)

Wylie ISD, Place 3 Barbara Goss
Wylie ISD, Place 3 Allen M. Morris
Wylie ISD, Place 4 Lance Goff(I)
Wylie ISD, Place 4 Cris O'Neal

Wylie ISD Bonds: $84,500,000 for various school renovations and projects
(Collin County elections)

Bill

04/23/09

Permalink 01:41:07 am, by bill Email , 360 words,   English (US)
Categories: News Clippings, Law, Crime & Punishment

MCG - Fire prompts jail evacuation

Fire prompts jail evacuation


A fire in a laundry room forced an evacuation of the Collin County Detention Center over the weekend.

Tuesday, April 21, 2009
By Danny Gallagher, McKinney Courier-Gazette

A small fire that required attention from McKinney? firefighters prompted deputies to evacuate the Collin County Detention Center's inmate population.

A one-alarm fire started in the laundry area sometime around 10:20 p.m. Sunday in the jail's minimum-security area located in the 4300 block of Community Avenue, according to city and county dispatch reports.

Lt. John Norton of the Collin County Sheriff's Office said the fire started in one of the dryers. Deputies attempted to douse the flames with fire extinguishers, but the fire grew too heavy for them to handle and dispatchers reported the fire to the McKinney? Fire Department.

McKinney? Assistant Fire Chief Frank Roma said a blanket in one of the dryers started the fire. Firefighters were able to contain the flames to the dryer and kept it from spreading or causing additional damage to the building.

Roma said the inmates were evacuated from the building as a "precautionary measure."

Deputies exited the inmates from their cells and out of the building. They were placed in a fenced area as firefighters fought the blaze. Norton said they remained in the fenced area until the smoke could be vented from the building.

"All inmates were evacuated to the fenced area where they were secured by our personnel and McKinney? police officers who responded," Norton said by email. "They were no incidents and once the smoke had been removed, inmates were returned to the building and a head count was completed."

Roma said the fire only destroyed the dryer and did not cause any permanent damage to the building or the structure of the facilities. He also said no injuries were reported in connection with the fire

read more....

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

Bill comments:

Wow, this is the kind of situation that could easily get out of control or become catastrophic. But none of that happened.

It sure sounds like there was exceptionally good performance by the county jail staff. Good job!

(I'll be interested in seeing the final report and critiques of evacuation times.)

04/20/09

Permalink 12:10:33 am, by bill Email , 412 words,   English (US)
Categories: Observer Opinions, Open Government, Mobility, Good Governance, State of Texas

Updates on auditor suit and Local Option Transportation Bills

It been impossible for me to post anything this week. We've had family in from out of town, and my evenings have been full.

I would have wrote more on these if I had the time:

Collin County vs. Collin County Auditor.

Our readers will remember that after losing both suits against their auditor, the county commissioners filed a notice of appeal with the Texas 5th Court of Appeals in Dallas. They were due to file their brief last month, but instead asked for an extension that expired on April 15. On the 13th, the commissioners asked for an additional extension - until April 29.

In their first extension request, the commissioners explained that they needed the extension because they were actively involved in mediation with the auditor, and that any agreement would have to be voted on in an open meeting.

It's probably safe to assume that the untimely death of Homer Reynolds, the auditor's lead attorney, has slowed any negotiations.

I note that the agenda for Monday afternoon's Commissioners Court workshop includes an executive session (secret meeting) to discuss the case. I doubt that the court will be able to take any action at a workshop, but I suspect that if there is to be a settlement it will be decided at the scheduled April 27th meeting of the commissioners court.

The Local Option Transportation District bill:

After Keith Self's dismal performance at the Texas Senate hearing on SB 855 last month, the Senate Transportation Committee passed Senator Carona's bill that would allow voters in several Texas suburban counties to call an election to vote on creating a mass transportation district that could levy taxes.

Almost all of the counties in suburban areas in the state have been very supportive of the bill which was passed by the entire Senate on April 14 on a 29-9 roll call vote.

The House version of the bill is styled as HB 9. The House Transportation Committee has scheduled a public hearing on HB 9 for this Tuesday, April 21. Unlike the Senate Transportation & Homeland Security Committee which Senator Florence Shapiro is a member, there are no Collin County representatives are on the House Transportation Committee.

Most agree that passage of the bill in the House will be much more difficult than in the Senate. However, it is expected to pass.

I do not know if Judge Self is planning on attending Tuesday's committee hearing. The Commissioners Court is scheduled to discuss HB 9 and other legislative priorities at Monday's workshop.

Bill

04/19/09

Permalink 09:09:05 pm, by bill Email , 546 words,   English (US)
Categories: Observer Opinions, Indigent Healthcare, Politics, State of Texas

Laubenberg sleeps in

Collin County's State House Representative Jodie Laubenberg serves on three legislative committees. Most committees meet in the morning. Texas House records show that this session, she has missed morning committee recorded quorum calls over 85% of the time, including over 60% of the meetings of the House Public Health Committee.

Most of the 8:00 AM Public Health Committee meetings were recessed after the House was called into session and met again later in the day. Rep. Laubenberg did show up for most of the afternoon sessions of the committee.

Of the 11 meetings of the Public Health Committee held since February 24 and for which minutes are posted on the Legislature's web site, Rep. Laubenberg was absent for 2 and missed the morning session on 5 more.

Because of her attendance, Ms. Laubenberg was marked "absent" for 60% of the roll call votes in the committee. Since the legislative session began, the Public Health Committee has voted to pass 70 bills to the full House. Laubenberg was marked "absent" on all but 28 of those 70 roll call votes.

Rep. Laubenberg also sits on the Natural Resources and on the Local & Consent Calendars Committees.

The Natural Resources Committee has posted minutes on 10 meetings, 6 of them began at 8:00 AM. Ms. Laubenberg missed 6 of the 10 quorum calls, including all but one of the 8:00 AM calls. However, since she did eventually make it to most of the committee meetings, she was marked "absent" in only 13 of the 85 roll call votes on bills.

The Local & Consent Calendars Committee has met 4 times this session. Ms. Laubenberg was marked absent in 2 of the 4. In those 2 absences, she also missed the recorded votes to pass bills to the House floor.

I have sent the following email to Representative Jodie Laubenberg:

Rep. Laubenberg,

I have noticed that you seem to have a hard time making roll calls in the morning.

In the three committees on which you serve, I note that the minutes show you missing 12 out of 14 morning quorum calls.

Like most of your constituents, I work for a living. In order to pay my bills and taxes, I must wake up and be on my way early every morning.

If you would send me your phone number, I would be happy to offer you wake up calls at 6:00 AM. Perhaps that would help you better represent our district.

Sincerely,

Bill Baumbach
The Collin County Observer

Rep. Laubenberg (R-Parker), who is serving her 4th term as representative from District 89 in south-eastern Collin County, was the past chair of the Public Health Committee. After the previous chair, Dianne Delisi decided not to run for re-election, then Speaker Tom Craddick appointed Laubenberg chair in July of 2008 after the 80th Session ended.

When the current session began, new Speaker Joe Straus demoted her and appointed Rep. Lois Kolkhorst (R-Brenham) as the new committee chair.

The Collin County Observer has criticized Ms. Laubenberg for not issuing a report to the legislature on regional health care.

Last session, Laubenberg authored HB 3154 , which called for a series of public hearings on regional approaches to public health. She held only one meeting, which was highly orchestrated and allowed no public testimony. No public hearings were ever held, and the committee report that her bill mandated to be submitted to the legislature by September 1, 2008 has still not been released.

Bill

Permalink 09:00:17 pm, by bill Email , 524 words,   English (US)
Categories: News Clippings, Open Government, Mobility

DMN - Bridge plan disrupts calm of Lavon Lake

The Collin County Observer offered its analysis on the Lake Lavon bridge issue back on March 17.

Today, The Dallas Morning News' local reporter, Ed Housewright adds to the discussion.

Bill

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

Bridge plan disrupts calm of Lavon Lake

Sunday, April 19, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

Todd and Kay Nordby hope to build a retirement home on Lavon Lake and enjoy a serene view of the water.

They don't want to look at a hulking six-lane bridge.

Yet the Nordbys fear momentum is building for a bridge to span the lake's southern tip and ease east-west travel. They began a Web site last month that warns of the bridge's impact.

"Our mission: preserve the peace and tranquility of Lake Lavon, its parks, equestrian trails, camp grounds, fishing, swimming, boating, picnic and recreational areas," the Web site says.

Collin County commissioners recently approved a $367,000 engineering contract to determine the bridge alignment. It's likely to skirt the Nordbys' property on the peninsula of the lake, located about 30 miles northeast of Dallas.

However, commissioners assure property owners that bridge construction probably wouldn't begin for more than 15 years.

"Any type of bridge is years and years and years away," said Commissioner Joe Jaynes, whose district includes the lake's western shore.

Officials say they need to identify an alignment and begin acquiring right of way because of the county's breakneck growth. Currently, the only east-west bridge across the entire lake is U.S. Highway 380, about seven miles north.

"This is a planning effort," said Commissioner Jerry Hoagland, whose district includes the eastern shore. "I don't think there's a need for a bridge today, very candidly, but I do think we'll need one when the eastern part of Collin County gets built out."

The project, estimated to cost at least $150 million, would consist of two bridges.

One would begin on the lake's western shore in Lucas and connect to the narrow peninsula extending south from Princeton. The second bridge would stretch from the peninsula to the lake's eastern shore, ending north of Lavon.

The entire distance of both bridges and the peninsula roadway is about eight miles.

The Nordbys dispute the need for another east-west connector, even years from now. They point out the county's eastern side is far less populated than the west, which includes Allen, Frisco, McKinney and Plano.

"Most people like the remoteness and undeveloped nature," Kay Nordby said.

The Save Lake Lavon Web site, savelakelavon.com, already has attracted heavy traffic, Todd Nordby said.

"In a short time, with very little PR, we have begun receiving offers of volunteer support and requests for information from citizens on Lake Lavon and surrounding communities," he said.

But not all lake residents oppose the bridge. Carla McCroan, who lives near Nevada on the east side, first proposed a bridge almost a decade ago because of growing traffic. She was serving on the Collin County Planning Board at the time.

"I've heard a lot of people say it [a bridge] would be a great thing," McCroan said.

The county plans to schedule public hearings within the next year on the proposed route for the bridges and peninsula roadway.

read more....

Permalink 08:26:37 pm, by bill Email , 155 words,   English (US)
Categories: Observer Opinions, Good Governance

Commissioners court moves to new building

No more meetings in the 6th floor broom closet -

The Collin County commissioners Court is about to get a new home.

Next Monday, April 27 at 5:30 PM, the Commissioners will formally open and dedicate the new Jack Hatchell Collin County Administration Building at 2300 Bloomdale Road -- at the corner of Community Drive and Bloomdale Road.

There will be an Open House from 5:00 to 6:30 PM. The dedication is at 5:30 and the court will hold its first court meeting in their new home at 6:30.

The new administration building was built for $21,000,000. It will house not only the Commissioners Court, but also several other county departments, including the County Clerk, Tax Assessor, Budget, Human Resources, GIS, IT, Purchasing, and the JP Court and Constable for Precinct 1.

The City of McKinney will soon take possession of the now defunct county courthouse on McDonald St. The city has been debating whether to raze the six floor building or to renovate it.

Bill

04/13/09

Permalink 10:38:56 pm, by bill Email , 156 words,   English (US)
Categories: Observer Opinions, Mobility

Another Central HOV wreck

This morning at about 7:30, a motorcyclist reportedly tried to illegally enter the southbound Central Expressway HOV at Campbell Rd. in Richardson.

He was struck from behind by a gold Infiniti traveling in the HOV lane. As was to be expected, the Infiniti won the fight for the lane.

The motorcyclist survived, and was transported to the hospital. I have no word on his condition.

This is the second motorcycle vs. automobile accident in 2 weeks on Central. Both were caused by motorcycles trying to enter the HOV lane by steering between the barrier sticks.

Both caused major injuries.

And both caused major backups that included yours truly in the ensuing jam up.

It is amazing the both bikers survived. I'm afraid that more will have to die before enforcement becomes a reality and before the HOV lanes are redesigned.

Thank you Richardson City Council and all the local politicians who demanded a narrow 2 way HOV lane.

Bill

Permalink 02:18:38 am, by bill Email , 375 words,   English (US)
Categories: Observer Opinions, Homeland Security, Ethics

Ralph Hall earmarks Fusion Center

On April 1, Congressman Ralph Hall (R-Rockwall) submitted a $500,000 earmark to the House Appropriations Committee for "Completion of North Central Texas Fusion System."

If past history means anything, the lion's share of this $500,000 will go directly to the son and daughter in-law of Hall's fellow Congressman Sam Johnson. So far, over $1.1 million of federal grant money for development of the Fusion Center has gone to ADB, a small company owned by Dr. Bob Johnson and his wife Anita Miller and operated out of their home in Santa Fe, New Mexico.

Hall's earmark listing states, "I am requesting funding for the Completion of North Central Texas Fusion System in fiscal year 2010. The entity to receive this program is the Collin County Homeland Security on behalf of the North Central Texas Fusion System"


A presentation prepared this month by the fusion center's manager, Kelley Stone for the commissioners court (but never presented to them) showed that federal funding for the county's Homeland Security Department is decreasing.

In fiscal year 2003, the county received over $1.1 million dollars in federal Homeland Security grants. These grants to the county have decreased almost every year, such that in FY 2008 the county only was awarded a little over $501 thousand.

Fiscal Year$ Homeland Security$ Fusion Center
2003$1,131,594$211,314
2004$1,076,263$164,000
2005$997,616$0
2006$790,179$363,314
2007$895,107$518,214
2008$501,627$271,627

As long as federal grant levels for the fusion center remain unstable, it is far from certain that the federal government will continue to make adequate fusion center funds available in future budget years.

The county commissioners have expressed the fear that if federal funds are decreased or eliminated, the Homeland Security Department and especially the fusion center will become a kind of unfunded mandate paid for by county tax revenues.

Future federal fusion center funding could be harder to obtain after recent revelations of alleged nepotism by ADB, and after an alert bulletin put out by the Fusion Center sparked a congressional hearing and swift visit from federal HS Department officials to "re-train" local fusion center employees.

Collin County might find the recent federal grand jury summoning of the local fusion center manager in Cuyahoga County, Ohio for possible grant fund fraud far more troubling than any unfunded mandate.

Meanwhile, Ralph Hall's earmark could be Dr. Bob Johnson's best hope for a Collin County meal ticket in 2010.

Bill

The Collin County Observer

It is my hope that this forum will serve as an acute observer of Collin County government, leading to the return of the county to those it is supposed to serve.

I will post my opinions, fair analysis, news clippings that are relevant to local issues, and your comments.

To post your comment, you must register, or you may post as "anon" (password "anon"). Anonymous posts will have to be reviewed before being placed online.

Subscribers will receive an email whenever a new blog entry is posted, and be able to comment directly to this blog.

Bill Baumbach

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