07/27/10

Permalink 10:26:46 pm, by bill Email , 4694 words,   English (US)
Categories: Quality of Life, Guest Opinions, 2011 Budget

Plano African American Museum grant request sparks debate

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

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

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

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

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

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

Bill

July 21, 2010
Heritage Commission
c/o Mrs. Liz Casso Hersch
Heritage Preservation Officer
City of Plano
1520 Avenue K
Plano, Texas 75074
Via Email

Re: Public Comment on FY 2011 Heritage Preservation Grants

Dear Chairman Chaput, Vice Chairwoman Quaintance-Howard, and Commissioners:

I am writing to submit my comments to the Commission on the FY2011 Heritage Preservation Grant applications which you will consider on July 20-21, 2010. I regret that I cannot appear before you in person, but I hope you’ll consider my comments and concerns.

As a former member and chair of the Commission, I know that a difficult task lies before you. Indeed hundreds of thousands of public dollars, and best way in which to use those dollars to promote heritage tourism in Plano, rests upon your discretion and judgment. So, first, I want to thank you for your service to the city and for your dedication to this difficult process.

I am writing specifically about the application for more than $245,000 from the Plano African American Museum (“PAAM”). As a Plano taxpayer I have significant concerns about PAAM’s requests, and I have outlined my concerns below:

Repeated Failure to Abide by Heritage Preservation Ordinances

On November 30, 2004, at my first meeting to sit on the Commission, we considered an application by PAAM for a certificate of appropriateness (“CA”) for a new roof on the Thornton House. Notably, the roof was already installed before PAAM applied for a CA. The Commission and staff chastised PAAM for its disregard for the CA process, and PAAM’s leadership assured the Commission that it would comply in the future.

It’s important to note that, while the membership of the Commission has changed since 2004, the leadership of PAAM has not changed since that time.

And recently, as you are likely aware, in October 2009 the Commission was again asked to approve an after-the-fact CA for a granite sign which had already been installed. The leadership of PAAM, alleging an oversight, blatantly failed to comply with the CA requirements – again. It is hard for me to believe that one can “accidentally” forget about the CA process twice in a five year period, particularly with such large projects as a roof and a granite sign.

It is my opinion that the leadership of PAAM either refuses to learn, or more likely, refuses to comply with the basic Commission procedures which are imposed upon every other business, resident, and
organization in a historic district or historically designated structure. PAAM’s persistent disregard of heritage preservation ordinances should be taken into account when making this year’s grant funding recommendations; especially since the other applicants consistently adhere to basic rules and ought to be rewarded for their strict compliance with same.

Failure to Meet the Objective of Promoting Heritage Tourism

I’d ask the Commission to keep in mind that the heritage preservation grants have a primary goal – to increase heritage tourism in the city of Plano, thereby sustaining our city’s tax base. And, while there are other objectives ancillary to the tourism mandate, the main objective should be the promotion of heritage tourism. PAAM fails to meet this goal.

First, PAAM doesn’t provide any substantive information to the public or to prospective visitors. For example, its Website is defunct. There isn’t as much as a phone number on PAAM’s Website. The “Gallery” page consists of a single picture of the Thornton House, and other pictures from the Douglass Community Art Wall, which was not a project associated with PAAM. The “Events” page lists only a November 2009 “Holiday Fun Run,” which was not funded through heritage grants and doesn’t relate to the museum or the Thornton House. Its “Community” page is listed as being under construction. The “Exhibits” isn’t functional, and the “Home Page” provides only basic narrative. PAAM’s Website does not list any hours of operation, directions to the museum, or even a phone number or address. In this sense, PAAM is failing to take even basic, and free, steps to promote tourism.

Secondly, PAAM has failed to carry out even non-Thornton House events which would promote tourism. You’ll note that for FY2011 PAAM has requested $20,000 for an “Underground Railroad Symposium.” However, also note that for FY2010, this body granted $10,000 for the exact same symposium, which was supposed to occur in the spring of 2010, but never happened! And now, PAAM is asking for twice the money for an event it failed to host when it was funded last year, and has provided no evidence as to why the symposium would now cost twice as much as its previous request or how the previously granted funds were spent.

It seems to me like PAAM consistently bites off more than it can chew. You’ll hear sound bites like “a museum without walls,” an “all volunteer board,” and being “open for business,” but the fact of the matter is that other organizations in Plano are holding truly regular hours of operation, providing ample information for an interested public, and have a clear scope of their mission and function – all for equal or less than the money PAAM seeks!

PAAM Continues to Increase Funding Requests Without Increasing Return

In recent years PAAM’s funding requests have begun to rival those of the Heritage Farmstead Museum and the Plano Conservancy. But, as I’m sure you’ll note, PAAM hasn’t nearly the public presence or reputation as the other two largest heritage organizations in Plano. And, while I’m not asserting that Plano’s heritage should be limited to only two main organizations, I would argue that if an organization is going to ask for the similar amounts of money as the “big boys,” then it should plan on providing the same level of service. PAAM doesn’t. While much younger than the Heritage Farmstead, PAAM’s only a year younger than the Interurban Railway Museum, and both the Farmstead and the Interurban have concrete, established, and functioning programs which absolutely dwarf, in size and scope, the much smaller PAAM – but who is requesting the same dollars.

In 2007 PAAM asked this body for $79,000 dollars and suggested that it would do everything in its power to open its doors soon, but no dates were given. Out of frustration with the history of slow progress by PAAM, this body recommended a funding level of $20,000. It was my job then, as it will be Chairman Chaput’s job, to present the Commission’s recommendations to City Council. PAAM showed up at the budget hearing to complain, but this time, just two months after the Commission had met, PAAM had refined its budget request to a more modest $49,000 for the same projects and PAAM promised a firm open date of October 1, 2008. That date came and went, and PAAM still wasn’t open for business.

Plano is facing extraordinary budget challenges. And while I realize that, per the ordinance, hotel/motel tax revenue cannot be diverted to the general fund, it is essential that the Commission do its part to ensure that every dollar being spent on for heritage preservation is likely to bring folks to Plano to shop, eat, visit, and stay. It is my opinion that, of all the applicants, PAAM is in the furthest position to positively affect tourism in Plano – especially given its exorbitant monetary requests which have not yielded any proportional return in the past.

PAAM’s Historical and Continued Lack of Fiscal Responsibility

PAAM typically fails to meet quarterly reporting deadlines at least once per year. These reports may be cumbersome upon recipients, but they are a necessary step to ensure the Commission’s goals are being met and that recipients are doing as they promised. Much can be inferred about PAAM’s respect for the grant process by its regular failure to make timely reports.

Also, as the minutes reflect, many Commission members, past and present, have repeatedly exhibited frustration with the lack of timeliness in completing funded projects. It seems that, while commissioners consistently request more timely completion of funded projects, PAAM only offers endless explanations and excuses, which at the end of the day, doesn’t change the long history of not completing projects on time, if at all.

Thirdly, PAAM has failed to provide the Commission with a certified audit which is required of all other grant applicants. While PAAM has offered unrelated memos from city staff, the requirement for applicants is clear – a certified audit must be submitted – period. Yet again, PAAM appears to be asking for special treatment and, in effect a waiver, from the Commission on important financial control procedures. I would urge the Commission not to excuse PAAM.

Fourthly, I continue to be disappointed by the lack of non-city funds procured by PAAM. While we can talk about the cancellation of past debts (i.e. mortgages), the Heritage Commission has never been asked to service debts used for the purchase of land. PAAM’s funding requests continue to increase and are not offset by sources outside city funds. As you’re likely aware, a key element of each application is how much of an applicant’s funding comes from the, as well as the length of time on which an applicant has relied on city funds. The trend suggest that the newer an organization, the more likely the Commission is willing to accept more reliance on city funds. But the expectation has always been clear: as they age, applicants need to become less sufficient on city monies. This has categorically not been the case for PAAM, and I feel that continued funding by the city only perpetuates PAAM’s reliance on same.

Finally, the projects for which PAAM has applied for funding this year lack any specificity, and it appears that PAAM’s leadership is content with explaining tens of thousands of dollars of requests under the broad descriptions of “operational” and “service specific.” Surely PAAM could have provided more details to aid the Commission in making a more educated decision. PAAM’s lack of transparency in this grant application, like its other applications, raises many concerns about exactly how money has and will be spent.

Conclusion

Commissioners, I want to assure you that this was a difficult and unpleasant letter to write. I take no pleasure in highlighting the shortcomings of an organization that started with a well-intentioned and ambitious mission. But, these are tough times, and no application should receive a less stringent review, be granted an unwarranted exception, or served with an uneven hand when dolling out public funds.

I urge the Commission to refrain from recommending funding for anything except what is necessary to keep the power and water on at the Thornton House, and to ensure its security. I feel that any additional funds sought by PAAM should be pursued directly from City Council, and should be made to compete with the rest of the city’s budget challenges.

I thank you for your service to our city, and for your consideration of my thoughts.

Sincerely yours,

JUSTIN P. NICHOLS

And the statement of the Board of The Plano African American Museum:


July 27, 2010

Via email
Mr. Bill Baumbach
Collin County Observer

Re: Response to July 20, 2010 letter from Justin Nichols to City of Plano Heritage Commission concerning the Plano African American Museum

Dear Mr. Baumbach:

On Friday, July 24, 2010 you called T.J. Johnson concerning the above-referenced letter you received for your publication, the Collin County Observer, and you offered an opportunity to respond. Having reviewed Mr. Nichols’ letter, the Plano African American Museum (PAAM) Board of Directors (BOD) do appreciate the opportunity to respond to Mr. Nichols’ letter.

To our understanding, as a former member and Chair of the City’s Heritage Preservation Commission, Mr. Nichols was charged, as is subsequent Heritage Preservation Commissions, primarily with the mission and responsibility to protect and preserve every aspect of the history and heritage of the Plano community, including our diverse communities. In our view, Mr. Nichols’ letter does little, if anything, to serve this mission. If Mr. Nichols truly was concerned for this mission and, particularly PAAM’s efforts toward the mission, it would seem more logical for Mr. Nichols to first contact PAAM with his issues and concerns, with his thoughts and suggestions, including any indication of what he himself was willing to do to help. It would be more useful for Mr. Nichols to at least have visited the museum and researched his claims and concerns. Instead, we have only ever personally heard from Mr. Nichols on one occasion (outside of a formal commission meeting), which will be discussed later and he has not visited the museum, certainly not within the last four years. And, instead of acknowledging and helping PAAM to celebrate the efforts and accomplishments which have been made toward the Heritage Preservation Commission’s mission, Mr. Nichols chose to nitpick and criticize the efforts of PAAM’s BOD with mistruths (some would say lies), half –truths or distortions of the truth, inaccuracies, innuendo and negative implications.

Consequently, before we address Mr. Nichols’ broad generalizations and issues and misinformation, we must put this response and Mr. Nichol’s comments within the proper context of the facts. Most of these facts are available, as a matter of record in the minutes of the City Council or the minutes of the Heritage Preservation Commission.

  1. Around 2002, there were discussions and efforts to move the Thornton House to another location near 12th street and Avenue I. The Plano Conservancy, a long-time recipient of City grant funds, sought City funds, $20,000, for this purpose. However, the Thornton House was not moved and, to PAAM’s knowledge, those funds were never applied to any efforts on or for the Thornton House nor were any of these funds distributed to or on behalf of PAAM.
  2. In 2004, the PAAM BOD included Myrtle Hightower, John Hightower, Ben Thomas and T.J. Johnson. The Chair of the BOD was Charles Grigsby of Frisco, Texas. The PAAM BOD appointed T. J. Johnson Chair in the fall of 2004. The current BOD: T.J. Johnson, Dollie Thomas, Bob Drotman, Angela Fisher, Ron Jones.
  3. Between 2004-2007, Ted Peters, then Executive Director of the Heritage Farmstead Museum (HFM), a long-time recipient of City grant funds, worked closely with PAAM to restore the Thornton House and, as he had done with the restoration of HFM properties (i.e. The Young House, the Farrell-Wilson House), he used his experience and preservation knowledge to guide PAAM’s efforts to restore the Thornton House. Mr. Peters was the project manager for the restoration project.
  4. Between 2004-2007, Ted Peters and HFM included a request for funds for restoration of the Thornton House, as a line item in its grant applications and Ted Peters (as the project manager for the Thornton House Restoration Project and until his death), directed the application of City funds and the restoration efforts. No City funds were requested or received by HFM for any other PAAM project or program, except for Thornton House plans or restoration. A total of $88,721 was awarded to HFM and funds were applied for this purpose.
  5. The first City Grant award to PAAM (2008-2009) $159,798 ($98,000 for operations and maintenance, including salary, utilities and contracts and $56,798 for projects and programs – building sprinklers, oral history, museum design, Thornton House interior restoration). All projects funded were completed as planned. No funds were requested for exterior restoration since the exterior restoration was completed in the previous grant year, as planned with HFM. This was the first City grant application by the PAAM BOD and the first funds requested or received for operations and maintenance of the museum.
  6. The second City Grant award to PAAM (2009-2010) $145,000 ( $92,800 for operations and maintenance and $50,000 for projects and programs – museum design and an Underground Railroad Symposium).

In his letter Mr. Nichols first alleges: Repeated Failure to Abide by Heritage Preservation Ordinances. He describes two instances involving applications for certificates of appropriateness (CA) “after the fact,” one in November 2004 for the new roof for Thornton House and one in 2009 for approval of the granite museum sign. However, he does not mention the number of other PAAM applications for CA’s or the fact that in 2004 the request he describes was made to the Commission by Ted Peters on behalf of PAAM where PAAM BOD members were present in support and Mr. Peters was specifically chastised for the “after the fact” CA because of his experience with the commission as a long-time representative for HFM and because of Mr. Peter’s experiences with “after the fact” CA applications (a fact which Mr. Nichols knows because he was at the meeting). In October 2009, concerning the granite sign, PAAM board members did attend a commission meeting and offered their explanation for the “after the fact” request. The Heritage Commission approved the granite sign as appropriate.

Mr. Nichols’ next allegation was: Failure to Meet the Objective of Promoting Heritage Tourism. He alleges that PAAM fails to meet the primary goal “to increase heritage tourism in the city of Plano.” He specifically points to the PAAM website and states that PAAM has not carried out a non-Thornton House event. First, Mr. Nichols has never visited the museum or Thornton House and has no clue as to what has been accomplished by PAAM or how PAAM promotes tourism. For example, in the past year Thornton House has enjoyed a number of visitors, including youth groups, teacher groups, small and large groups. PAAM has had a number of requests from groups to tour, such as family reunions and youth groups. For further example, last year PAAM hosted a Holiday FunRun? and Family Fest on November 21, 2009 at the Oak Point Park in Plano. This was also advertised on the DART public transportation system, inviting surrounding areas to come to Plano on November 21. We have also been told repeatedly that part of the interest in Plano by the National Underground Railroad Freedom Center in Cincinnati and the U.S. Department of Interior’s National Park Service’s Underground Railroad Program is PAAM’s enthusiasm and promotion for Plano “as the place to visit.” PAAM has been selected by both organizations as affiliates, an honor and significant accomplishment, to say the least, for PAAM’s small and dynamic BOD.

Next, Mr. Nichols alleges: PAAM Continues to Increase Funding Requests Without Increasing Return. Mr. Nichols expresses concerns that PAAM’s funding requests rivals the HFM and the Plano Conservancy (we assume this reference is to the Interurban Museum), that PAAM does not have the presence or the reputation as the “big boys” and that PAAM does not have the concrete, established or functioning programs as HFM or the Plano Conservancy. As a former member of the Commission, Mr. Nichols knows this comparison is inappropriate. First, 2010 is only the third year that PAAM has requested City funds for operations and maintenance to help PAAM establish the museum at the Thornton House and only the second year that PAAM has received funds for operations and maintenance. Mr. Nichols distorts the truth as he compares PAAM to the (25+ year old) HFM and the (15+ year old) Interurban Museum since, as he is aware, the “big boys” (as Mr. Nichols describes) have very different developmental histories than PAAM. For example, the City owns the land under the HFM properties and owns land and buildings at the Interurban Museum (which is only managed and operated by the Plano Conservancy). Both organizations, under appropriate staff including Executive Directors, were primarily concerned at start-up only with maintenance, displays, exhibits, programs and projects. Unlike these organizations, PAAM, at start up (with a small volunteer BOD and no Executive Director) has had to concern itself with securing the land and buildings, including financial, structural, historical preservation and restoration, before it could focus more heavily on programs and projects. As Mr. Nichols is also aware, all City funds requested prior to 2008 by HFM for PAAM were for the Thornton House only, particularly for restoration but no funds for operations and maintenance. Mr. Nichols distorts the truth, knowing that PAAM is not “only a year younger than the Interurban Railway Museum.” Over fifteen years ago, the Interurban Museum opened its doors for business, with two fulltime staff and HFM with even more staff. Initially, for a number of years (for operations, maintenance and programs) HFM received all of the City funds earmarked for heritage preservation and subsequently Interurban shared those funds and now, for the last two years, PAAM has shared those funds but all three organizations, even today, depend on City funds for more than 85% of their operations and maintenance budgets. PAAM opened its doors with a part-time administrator, in 2008, without an Executive Director. The basic premise is this: If there had been a way to acquire sufficient funds or resources in the beginning, as the other organizations, to secure the property, in all aspects, and to hire full time personnel to recruit volunteers and seek other funding, PAAM would be further along in its development. Instead, with limited funding and resources PAAM has taken an incremental approach designed to methodically and carefully lay a solid and long-lasting foundation for PAAM to get the museum fully operational, i.e. facility first. No doubt both HFM and the Interurban Museum built their programs and offerings over time, much the same as PAAM.

Concerning the 2007 presentation before the Heritage Commission and the City Council, once again, Mr. Nichols, distorts the truth. In June 2007, just after Mr. Peters had passed away, Chuck Laenger, then Interim Executive Director for HFM and T.J. Johnson for PAAM appeared before the Heritage Commission concerning the HFM City grant application. Appearing for the presentation, were PAAM and HFM board members and Jerry Kolesiack, Habitat for Humanity/Project Manager for the Thornton House restoration project. Prior to the presentation, Mr. Nichols sent a number of messages (through others including Chuck Laenger and Dollie Thomas) to T.J. Johnson that “Ms. Johnson had better call [him] immediately or he would make sure that PAAM got nothing.” He did not directly call Ms. Johnson. When Ms. Johnson reached him and inquired of the “urgency” Ms. Nichols indicated that he wanted to visit about the presentation. There was no mention of “frustration with the history of slow progress…” Mr. Nichols did indicate that he was running for City Council and wanted to know if Ms. Johnson would support him. Ms. Johnson congratulated him on his decision to run without comment or commitment concerning any support. At Mr. Nichols’ presentation to the City Council, there was also no mention of “frustration with a history of slow progress…” and the City Council did award additional funds for the only project which HFM/PAAM had requested, the restoration of the Thornton House. Following the presentations, Mr. Nichols approached Ms. Johnson and Ms. Thomas, again reminding them that he was running for City council and hoped for their support. The ladies again congratulated Mr. Nichols without further comment or commitment to his campaign. Mr. Nichols lost his bid for City Council.

Next, Mr. Nichols alleges: PAAM’s Historical and Continued Lack of Fiscal Responsibility. He explains this claim by asserting that PAAM “typically fails to meet quarterly reporting deadlines…,” fails to timely complete funded projects, PAAM “failed to provide the Commission with a certified audit” as required of other grant applicants and PAAM has not procured non-city funding. PAAM has missed two deadlines in the two years it has received City grants, hardly typical. Instead of this broad generalization, Mr. Nichols should have identified the specific projects to which he refers. As of this date, except for the Underground Symposium I, every project for which PAAM has received City funding has been timely completed. PAAM could not host the symposium which was previously scheduled for February 2010 because PAAM did not receive City funding until February 2010 and, therefore, could not commit funds for the symposium which had not yet been received. Again, a mistruth: the City does not require a certified audit for grant applications. An applicant has the option of submitting documentation certified by a CPA, which PAAM has submitted, just as other grant applicants. Unlike other organizations which have had financial issues, PAAM has been subjected to a number of city audits resulting in memorandums of no findings. Furthermore, as of December 31, 2009, PAAM had acquired significant non-city funding and enough non-city funding to pay-off the debt for the block of property from the corner of 13th Street and Ave H to the corner of 13th Street and H Place.

We are perplexed with Mr. Nichols’ letter and the unsubstantiated claims he makes, including his suggestion that PAAM seeks some exception. We are at a loss to explain his mean-spirited, negative and, seemingly vindictive and angry approach. We cannot understand why he seems so angry with PAAM, except perhaps he felt unsupported by PAAM board members in his failed attempt at the City Council. And while we applaud and admire any citizen who seeks public office and public service, we still believe that one had nothing to do with the other. The fact is that PAAM seeks no exceptions. To the contrary, PAAM simply seeks to be treated fairly, reasonably and consistently with other organizations. PAAM’s “well-intentioned and ambitious mission” to help support heritage preservation in Plano and the surrounding area should be supported, as with other organizations. PAAM’s goal is to complement the efforts of our community of museums by encouraging the research, review, preservation and appreciation of the heritage of the diverse communities and cultures in Plano, the All-American City. At the very least, PAAM’s efforts should be applauded and encouraged and should not be disparaged as with Mr. Nichols’ mistruths, inaccuracies, half-truths and negative implications, which certainly do not serve the heritage preservation mission which Mr. Nichols, as least on one occasion, swore to uphold. PAAM serves a significant and important role in the preservation of heritage in this area and has already proven its ability to bring attention and interest in the Plano community. Certainly, it is irresponsible to base his urgings to the Commission to refrain from full support and funding for PAAM on little more than mean-spirited and negative implications, not based on fact or firsthand knowledge of PAAM or the Thornton House.

We invite you to visit the Thornton House at 900 13th street (open from 10:30 am to 1:30 pm Monday, Tuesday, Thursday and Friday), visit the website at www.aamplano.com and judge for yourself. Like other organizations, you will not see perfection but you will see the results of the efforts and accomplishments thus far of a small but strong and dynamic board of directors and the volunteers and staff that support them. We are always open to constructive feedback, ideas and volunteer assistance and we appreciate the opportunity to serve Plano in this very special way.

Best regards,

Board of Directors
Plano African American Museum

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

NOTES:

Permalink 02:45:26 pm, by bill Email , 199 words,   English (US)
Categories: Observer Opinions, Taxes, 2011 Budget

County budget shortfall eases - hiring freeze lifted

Collin County's Budget Director, Monika Arris, told the Commissioners Court Monday that the final appraised values of all properties in the county was substantially higher than projected.

The result of the higher than expected valuations mean that property tax revenue is expected to decline by about 1.5% or $2.7 million. Earlier projections had led the court to expect a tax revenue shortfall in excess of $7.5 million.

Still missing from the revenue projections are the county's estimate of 2011 fines and fees. Fines and fees, along with investment income, interest and miscellaneous income account for about 40% of the budget and in recent years have trended down.

After hearing the latest estimates, several commissioners noted that the reduced tax shortfall, combined with the District Judges, Auditor and Purchasing Agent's suggestions for reducing the budget, have eased concerns of the county not being able to balance the FY 2011 budget without draconian cuts. They then voted 4-0 to lift the hiring freeze imposed earlier this year.

Bill

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

The Dallas Morning News has published an article on the county budget and the certified tax roll. Ed Housewright's article does a good job comparing the county with a few of its cities. You can read the article here.

Bill

Permalink 02:12:08 pm, by bill Email , 96 words,   English (US)
Categories: News Clippings, The Economy, Discrimination - equality, Quality of Life, Taxes

WFAA - Non-profit group will operate Plano rec center

Non-profit group will operate Plano rec center

by DEBBIE DENMON
WFAA
July 26, 2010

PLANO —
The Douglass Community Center in Plano will be run by the Boys & Girls Clubs of Collin County.

The Plano City Council Monday night voted to relinquish control of the rec center to save the city $508,000 a year.

African-American have expressed concern that the change could put an end to cultural and community events at the center — something that the Boys & Girls Clubs has said will not happen.

link to this article, video coverage and some great background links at WFAA Channel 8....

Permalink 12:57:19 am, by bill Email , 703 words,   English (US)
Categories: Observer Opinions, Environment, State of Texas, Quality of Life

AIR POLLUTION WARNING - LEVEL ORANGE

I'm on the TCEQ DFW mail list. Every summer, I get several warnings like the one below --

AIR POLLUTION WARNING - LEVEL ORANGE
OZONE is UNHEALTHY FOR SENSITIVE GROUPS in the Dallas-Ft. Worth Area Monday, July 26, 2010, 15:15 CDT

The Texas Commission on Environmental Quality (TCEQ) has issued a LEVEL ORANGE warning for the Dallas-Ft. Worth area. Ozone air pollution levels are rated as UNHEALTHY FOR SENSITIVE GROUPS based on measurements at the following monitoring site(s)...

Several years ago, the Council of Governments formed a Clean Air Committee made up of local officials, business leaders, and environmental activists. The committee was co-chaired by Dallas County Judge Margaret Keliher and Collin County Judge Ron Harris.

In 2006 the committee released its North Texas Clean Air Plan to put the region in compliance with then existing federal law.

The committee's plan relied in large part on the reduction of "Point Sources of NOx emissions", such as the Midlothian cement kilns and TXU coal fired generating plants. It also called for the adoption of California style auto emission standards. Claiming that the plan put too much of a burden on industrial polluters, the State of Texas refused to submit the DFW plan to the EPA.

Eventually, the TCEQ substituted its own plan, which it admitted would not meet EPA guidelines. In Jun, after years of negotiations, the EPA rejected the TCEQ plan, and the fight was on.

Last month, the EPA took over the permitting process for point sources from the TCEQ and denied an operating permit to the Garland Power and Light generating station in Collin County and to two other companies in Texas. Yesterday, the Texas Attorney General challenged the EPA, filing suit in the Federal Appeals Court in New Orleans.

None of these legal maneuverings keep the air in Collin County from remaining polluted for much of the summer.

In an effort to re-start the process of creating a new clean air plan, the North Central Texas Council of Governments is reconstituting the North Texas Clean Air Steering Committee.

Sadly, Dallas County, the largest stakeholder in the region, is embroiled with its own lack of faith in its County Judge and did appoint a member to the Committee.

During the May 10 Collin County Commissioners Court discussion on the appointment of a Collin County representative, Commissioner Jaynes nominated Keith Self to serve on the new committee. Jerry Hoagland seconded, saying that, "Clean Air is a big deal." The commissioners court then appointed Judge Keith Self, who seemed surprised at their decision. Self's obvious discomfort caused Matt Shaheen to dryly comment, "aw, you don't get to Arlington enough anyway".

After the vote appointing him, Self quipped, "You know what that's going to do to the COG - when I appear on the Clean Air Steering Committee?".

He's right. Self has in the past compared the NCTCOG to the Central Committee of the Soviet Union. He sees regionalism as a "slide into socialism".

But the simple fact is that Keith Self needs to be a part of any new plan. Collin County is too large to not be a part of any successful proposal. We're all going to have to find a way to get along or Washington will dictate what measures we will have to learn to live with in order to clean up our polluted air.

The first meeting of the 25 member North Texas Clean Air Steering Committee will be at the NCTCOG headquarters in Arlington at 10:00 AM on Thursday. It's role, according to its web page is:

"The North Texas Clean Air Steering Committee (NTCASC) is the regional air quality advisory body for the Dallas-Fort Worth area. The NTCASC is comprised of 25 members, including local city and county officials, environmental interest representatives, chamber of commerce representatives, and public/citizen education representatives. The committee’s main goal is to work collaboratively in making recommendations to the State on what regional air quality control strategies should be implemented to reach attainment of the National Ambient Air Quality Standards. This committee focuses on controlling air pollution from all origins including on-road, non-road, area, and point sources."

Meanwhile, if you live in Collin County, limit your outside activities tomorrow. We will likely be under a Level Orange air pollution warning.

Bill

07/25/10

Permalink 02:24:37 pm, by bill Email , 1121 words,   English (US)
Categories: Observer Opinions, Politics, Law, Crime & Punishment, Elections, Ethics

David Rippel: Campaign Finance Reports reflect a judge who just can't obey the law

From the David Rippel for Judge Facebook page: "David believes in strict enforcement of, and fair treatment of the law. A conservative judge that Collin County will be proud of."

However, campaign reports filed with the county show that newly appointed County Court at Law Judge David Rippel has been consistently in violation of state law in that every one of his ethics reports has been late, misleading, incomplete and/or inaccurate.

Failure to file a complete, accurate and on-time campaign finance report is a Class C misdemeanor, and could subject Judge Rippel to civil fines by The Texas Ethics Commission or a criminal fine by a Justice of the Peace court.

Failure to file a timely Personal Financial Statement is a Class B misdemeanor and could lead to jail time as well as a fine.

Under Texas Law, the County Clerk is required to notify the District Attorney of all late Personal Financial Statements. It is unclear if Ms. Kemp did so. In past administrations, the County Clerk has refused to file the list with the DA, saying that she did not want to get involved in what seemed to be political disputes.

Only one of the 5 required report was on time

Only the first report Judge Rippel submitted was on-time and that one was filed in the wrong office. County candidates are required to file their campaign finance reports with the Elections Office. Judge Rippel filed his papers at various locations, including the Elections Office, the County Clerk's Office, and the Texas Ethics Commission.

All the other required reports were anywhere from 5 days to over 5 months late. Before the Election, The Collin County Observer contact Mr. Rippel several times about missing reports. I repeatedly told him that the reports were supposed to be filed in the Elections office, but they had no record of them being received. In every case, he insisted they had been filed, and on one occasion offered to fax them to me. I sent him my fax number, but Rippel never sent them.

Also troubling is that two of the reports (the Personal Financial Statement and the July Semi-Annual report) were filed one day after The Observer emailed an Open Records Request to Stacy Kemp, the County Clerk. It sure looks as if the County Clerk's office warned him that I was snooping around looking for his missing reports.

Reports filed

Required filing Due Date What David Rippel did
Semi-annual judicial Campaign finance Report (Form JC/OH) Jan. 15, 2010 Filed in wrong office (County Clerk) on Jan 15. Refiled correctly with Elections Administrator on Jan. 19
30 day report - Form JC/OH Feb. 1, 2010 Filed 2 weeks late in wrong office (Austin) on Feb. 18th. Refiled in another wrong office (County Clerk) on Mar. 15
Personal Financial Statement Feb. 16, 2010 Filed over 5 months late on July 20, one day after Open Records request sent to County Clerk.
8 day (telegraph) report - Form JC/OH Feb. 22, 2010 Filed in wrong office (County Clerk) 3 weeks late on Mar. 15
8 day run-off report - Form JC/OH Apr. 5, 2010 Did not file.
Semi-annual judicial Campaign finance Report (Form JC/OH) Jul. 15, 2010 Filed 5 days late on July 20, one day after Open Records request sent to County Clerk.

Reports inaccurate and misleading

Judge Rippel's reports contain mistakes in arithmetic, but most importantly they fail to state who gave him over $8,900 of the $36,000 he reported as having spent. Failure to state the sources of campaign funds is a Class C misdemeanor punishable by criminal and civil fines.

Of the $27,344 he does report as having received, $21,794 was his own money, and $5,000 was from relatives in Louisiana. Only 2 contributions, totaling $550, were from donors not surnamed Rippel -- none were from Texas.

Almost all the $36,000 spent went to a Plano political consultant. Rippel's reports show he paid consultant Joseph G. Counter over $31,000.

Contributions and expenses reported by David Rippel
Reported totals

REPORT
CONTRIBUTIONS
EXP. PAID BY RIPPEL
EXPENSES
BALANCE
Semi-annual JC/OH due Jan. 15 $5,550 (incorrectly totaled as $3,050) $0 $7,551.17 $0 (leaves $2,001 unaccounted for)
30 day JC/OH due Feb. 1 $0 $0 $4,541.95 $2,328.40 (leaves $8,871 unaccounted for)
8 day JC/OH due Feb. 22 $0 $21,794.08 $0 $2,328.40 (leaves $8,871 unaccounted for)
8 day run-off report JC/OH due Apr. 5 not filed not filed not filed not filed
Semi-annual JC/OH due Jul. 15 $0 $0 $2,300 $115.61 (leaves $8,958 unaccounted for)

Time lapses in the reporting periods

Judge Rippel's reports fail to explain where and when he received almost $9,000 in contributions - about a third of all his expenditures. Were some of these contributions made in the weeks that he never reported? What, if any, expenses did he pay during those lost weeks?

Campaign finance laws are designed to require candidates to fully disclose all sources and uses of campaign funds. The candidate's duty to report begins the day he appoints a Campaign Treasurer.

Rippel appointed his treasurer on September 4, 2009, but his report states it begins reporting on September 22 - three weeks later. Other reports indicate missing and overlapping reporting periods. One report, the "Run-off report" seems to have never been filed. Open Records requests at the County Clerk's office and to the Elections office have failed to produce any Run-off report. Nor does a search at The Texas Ethics Commission website uncover any Run-off report.

Dates reported

REPORT
REQ'D REPORTING PERIOD
RIPPLE
MISSING
Semi-annual JC/OH due Jan. 15 Sept. 4 - Dec 31, 2009 Sept. 22 - Dec. 31, 2009 wrong reporting period, 3 weeks unaccounted for
30 day JC/OH due Feb. 1 Jan. 1 - Jan. 21, 2010 Jan. 1 - Jan. 27, 2010 wrong reporting period
8 day JC/OH due Feb. 22 Jan. 22 - Feb. 20,2010 Feb. 1 - Mar. 2, 2010 wrong reporting period, 1 week unaccounted for
8 day run-off report JC/OH due Apr. 5 Feb. 21 - Apr. 3, 2010 not filed ?
Semi-annual JC/OH due Jul. 15 Apr. 4 - Jun. 30, 2010 Apr. 6 - Jun. 30, 2010 wrong reporting period, over 1 month unaccounted for

A profound inability to comprehend or contempt of the law?

David Rippel was appointed by the County Commissioners court to fill the vacant Court at Law #4 bench after winning the Republican Party primary run-off in April. There is no Democrat running for this court.

His appointment is until December 31. On January 1, he will begin a four year elected term on the same court.

County courts at Law are known as "Statutory Courts". They are created by acts of the Legislature. They handle misdemeanor criminal cases, appeals from Justice of the Peace and municipal courts and lawsuits below $100,000. Court at Law judges have the power to sentence law breakers to county jail up to two years.

With this kind of authority comes a responsibility to respect and obey the law. On that test Judge Rippel appears to have failed miserably. His ethics forms reflect a man whose ethics are trumped by his ambition -- a judge who either doesn't care what the law, as it pertains to him, requires.

Once again, as in the case of Doug Reeves, the ethic filings indicate either a profound inability to understand the law or a contempt of that same law which governs us all.

Bill

Permalink 01:18:55 pm, by bill Email , 580 words,   English (US)
Categories: News Clippings, Poverty, The Economy, Quality of Life

DMN - Homeless shelter director says need must trump Plano residents' opposition

Homeless shelter director says need must trump Plano residents' opposition

Saturday, July 24, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

There's no room at the Samaritan Inn.

Collin County's only homeless shelter has 130 beds but needs many more, said Director Lynne Sipiora.

With the economic downtown, the shelter must turn away people day after day.

"That's the worst part," Sipiora said. "It keeps me up at night."

The shelter's solution to overcrowding: Open a second facility in Plano.

But some Plano residents and business owners immediately assailed the Samaritan Inn's proposal, announced this month, for a larger shelter near 14th Street and Shiloh Road.

Opponents charge it would lower property values and increase crime.

"This is the last thing that the east side of Plano needs," one person commented online.

Sipiora expected the opposition but isn't backing down.

If the Plano City Council rejects a zoning change to allow the proposed shelter, the Samaritan Inn will look for another site in town because of the need, she said.

"As long as I'm around, we'll be looking to expand services," Sipiora said.

She rejects the assertion that the proposed shelter, to be built in phases over several years, would harm the largely commercial east Plano neighborhood.

She points to the Samaritan Inn's track record in McKinney?. It opened in a commercial area near State Highway 5 and U.S. Highway 380 in 1984 and hasn't driven up the crime rate, said McKinney? Deputy Police Chief Scott Brewer.

"These are folks who are just in hard times," he said. "They're grateful. They're not typically going to get out and partake in criminal activity."

'No frills'

The shelter operates out of a converted nursing home, with five wings extending like spokes from a central monitoring station. Two wings house families, one houses men, one women and one administrative offices.

Sipiora compares the shelter to a college dormitory in terms of sights, sounds and feel. Having visited, I agree.

Each room is identical, about 16 feet square, with four bunk beds, a sink and a toilet. Common showers are in each wing. Meals are served on long folding tables.

"No frills," she said.

True, but the shelter is a huge improvement for some residents.

One woman had been living with her three young children in a mini-warehouse unit.

"I can't imagine," Sipiora said.

Other residents have been sleeping on the street or in their cars.

"They arrive shell-shocked," Sipiora said. "We're the last resort."

The Samaritan Inn produced a searing video of interviews with residents, describing their journey. It's posted on the shelter's website, www.thesamaritaninn.org.

"I never thought in a million years I'd end up in a shelter," one woman said. "I have a college degree."

Rules enforced

The Samaritan Inn has strict rules for residents. Each must undergo a drug test and criminal background check, take mandatory classes on budgeting and parenting, meet twice weekly with a caseworker and look for a job during the day.

The average length of stay is about six months. Someone leaves, or "graduates," when they have a full-time job and have saved enough money to rent a place.

Sipiora said the proposed Plano shelter also would stress personal responsibility and push people toward self-sufficiency. It wouldn't be a place for the chronically homeless to crash for a few nights.

"I'm hoping it's a matter of education," she said. "I want to believe people will see the need and respond to it."

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

Permalink 11:42:14 am, by bill Email , 452 words,   English (US)
Categories: News Clippings, Discrimination - equality, Quality of Life, Taxes

PSC - Council to decide fate of Douglass Community Center

Council to decide fate of Douglass Community Center

By Kim Williams / The Plano Star-Courier
July 25, 2010 10:28 AM CDT

Negotiations between the city of Plano and Boys and Girls Club of Collin County have been in the works for several months. The item in debate is whether or not the BGCCC will take over responsibility of the Douglass Community Center.

The final discussion and vote by the city council will be at 7 p.m. Monday.

The community center has been serving its members since the 1970s and is considered a pinnacle hub for bringing residents together with a variety of activities.

The city of Plano has been leasing the center from the Plano ISD and operating it since 1987. Budget deficiencies have resulted in a citywide effort to reduce expenses through a variety of means, which include service and job reductions and budget cuts.

In a memorandum from Director of Parks and Recreation Amy Fortenberry to City Manager Thomas Muehlenbeck, she explains why the city is considering other options in order to save the center.

"While the Douglass Community Center 'fits' our agency's values and vision, it is not economically viable in its current structure, our market position is weak, and alternate coverage in this neighborhood is high due to the presence of the Boys and Girls Club of Collin County in the same building and the close proximity to the Plano Senior Recreation Center."

The BGCCC moved into the center in 1997. The club pays 17.5 percent of the maintenance cost, which is usually around $20,000 per year in exchange for use of the property.

When the city approached BGCCC last fall in search of a solution to the declining budget, "They were ready to jump in and help any way they could," said Fortenberry about the BGCCC.

"We will lose our center, activities and director," said Dorothy Ellis, Douglass Community resident. This is a fear that many residents share with Ellis, and Tanya Greene, CEO of the BGCCC, is working on possible solutions to this problem with Fortenberry to hopefully make a peaceful transition if the change of operations is approved.

"I know we can take care of the community center and can provide the services wanted by the members," Greene said. "We've tried to stay out of the politics and tried to just focus on the community."

If the agreement is approved, the city will sign a 15-year contract with the BGCCC with two five-year renewal options. This will result in the daily operations of the community center being transferred to the BGCCC along with all operational expenses, saving Plano citizens $508,213 annually. The BGCCC will assume daily management of the building within 30 days from city council approval.

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

Permalink 11:31:07 am, by bill Email , 137 words,   English (US)
Categories: Observer Opinions, Politics

Congressman Ralph "Tea" Hall

The Wylie News has an item about Congressman Ralph Hall joining the Tea Party Caucus in the US House of Representatives.

It is an interesting strategic move by the soon to be 16 term Congressman. Often derided by GOP purists as an (un)reformed Democrat, the 86 year old Hall this year faced 4 primary opponents, 3 of them who loudly touted their affiliation with the Tea Party movement. One, who also was also named Hall, even called himself "Tea" on the ballot.

For Tea Party members who rail against the government establishment and who favor term limits, the inclusion of Hall, the senior member of the House, seems to be a real compromise of principles -- and by a group who defiantly eschew compromise.

The old saw, "Politics makes strange bed-fellows" still holds true in the Texas 4th Congressional District.

Bill

Permalink 08:23:34 am, by bill Email , 936 words,   English (US)
Categories: News Clippings, Indigent Healthcare, Quality of Life, Taxes, elderly

DMN - As aging baby boomers head to suburbs, Collin County to feel impact

As aging baby boomers head to suburbs, Collin County to feel impact

Saturday, July 24, 2010
By JESSICA MEYERS / The Dallas Morning News

Tim Montgomery built his own retirement home.

In a land of McMansions, he limited his Celina house to one story. He widened bathroom doors to fit wheelchairs. He planned a spare bedroom for elderly parents. He designed his kitchen table to hold at least eight hungry grandchildren.

An Air Force vet turned teacher, the 54-year-old settled in Frisco a decade ago among other young working parents and their school-age children. Now these empty nesters and retired homeowners are uprooting the suburban stereotype.

Affordable living, jobs and a Sun Belt climate have made Texas one of the most attractive states for baby boomers. As America's "first suburban generation" ages, cities are scrambling to accommodate them.

Collin County will feel one of the greatest effects in the region, with its senior population more than doubling in the next decade. But the county – known for its youth rather than its elderly – already struggles with transportation, health care and affordable housing for its seniors. Cities that fail to reshuffle priorities, experts say, face strapped social services, budget pitfalls, disgruntled residents and tarnished images.

"For the most part, communities are not planning as well as they should be," said Doni Van Ryswyk, aging program manager at the North Central Texas Council of Governments' Area Agency on Aging. "There's a whole host of challenges in terms of infrastructure, livable communities and adequate transportation providers for people who are no longer able to drive.

"Even though Collin and Denton counties are relatively wealthy, there are portions that are already designated health professional shortages. That's only going to get worse as the population ages."

Unlike their Florida-bound parents, this generation doesn't want to move. Many deal with their own graying relatives and plan to work for years to come. Demographers have coined a term for this behavior: aging in place.

"[Leaving] would take me away from sons and grandsons," said 63-year-old Susie Reukema, a social worker who moved to Plano from Wisconsin three decades ago. "And at this point in life, family is a very big plus in the community."

Texas a hot spot

Such communities developed in Texas faster than anywhere else this decade. The Austin suburbs saw the highest growth rate in people 45 and older from 2000 to 2008, according to a recent Brookings report on the state of metropolitan America. The suburbs of three other Texas cities made the top 10, including Dallas'.

"Texas is a peek at the future of the suburbs," said William Frey, who wrote the report's section on aging. Most senior growth in the coming years will take place in bedroom communities, he said. Young minority and immigrant families may help offset the state's graying suburbs, but that won't happen for years to come.

Baby boomers, Frey said, "are people who are going to need social services at various times, and if it doesn't happen it will spill over to the image of the suburbs and quality of life."

He said, "One thing about the baby boomers and elderly is that they vote in large numbers and make their views known very loudly."

The number of Collin County residents 60 and older will increase by 118 percent between 2011 and 2020, estimates the Texas Health and Human Services Commission. Dallas County's will move up 25 percent.

Plano already sees this shift in wait lists for subsidized senior housing and complaints about limited Medicaid providers. With a visibly aging population, it has taken the most focused approach to the impending growth. Officials charted a plan three years ago to provide taxi vouchers for senior citizens and match them with requested services.

"We were looking at it in the context of Plano in a period of transition," said Kate Perry, the city's senior planner. "It used to be the city had only families and young children. That changed and continues to change, and a major component is seniors."

Much of the region has yet to catch up, said Lee Stark, transportation services director at the Geriatric Wellness Center of Collin County. "Folks at the county level are really more concerned with addressing the needs of a growing county," he said.

Developing communities like Frisco and Allen have made some provisions for seniors, Stark said, but affordable housing and convenient transportation remain less of a priority.

John Lettelleir, Frisco's director of development services, said the city has anticipated its aging boomers. Frisco's senior center is in walking distance of the downtown square, near residences and restaurants.

"It wasn't big until two years ago, and then people started to panic," he said about the aging boomers. "Now it's happening and we have to do something about it."

Lettelleir said city officials want to update zoning ordinances to allow for flexibility in housing developments. This way, he said, empty nesters can relocate to apartments down the block or grandparents can settle in duplexes up the street.

But wary developers make such transitions challenging, he said. "They say, 'Change is good. You first.' "

Revamping services

Most cities realize they must address this shift, said Karen Walz, project manager for Vision North Texas, a public-private partnership that plans for the region's future. They're talking about mixed-use developments or revitalizing areas so they're in walking distance of amenities. They're considering transit options and weighing housing costs.

"Right now there isn't a regionwide plan to say 'how are we going to deal with that,' but a recognition that cities need to be thinking differently," she said.

They need to do it quickly.

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

07/24/10

Permalink 11:46:33 pm, by bill Email , 420 words,   English (US)
Categories: News Clippings, Mobility, Politics

DMN - Editorial: Tollway agency works to restore confidence

Editorial: Tollway agency works to restore confidence

Friday, July 23, 2010
The Dallas Morning News Editorial Board

The North Texas Tollway Authority made the right decision by ignoring high-dollar bait dangled its way to choose a Collin County route for a future stretch of the Dallas North Tollway.

Property owners near the new roadway will make a bundle after it's built, and the city of Celina wanted the super-heated development inside its boundaries. No problem with that. Celina made the novel pledge that NTTA could have the future bounty of the higher property taxes. No problem with creative thinking, except for where it might lead.

Had the NTTA jumped at the money, it might have opened the door to an era of transportation planning by municipal bidding war. Those kinds of cash inducements may be in our future someday as road money dries up, but the rules aren't in place nor the consequences fully thought out yet.

The bigger problem with the proposed Celina route was that it would have further insulted a one-time compact made between Collin and Denton counties to run the future road segment up their common border. The deal was reached in 2005, but Collin County reneged three years later in a snit about dividing toll revenue. Collin County formed its own, rival tollway authority and vowed not to let money get away.

The decisive 7-1 vote by NTTA to honor the county-line route is a statement about regionalism. Just as the region's major highways serve a wide swath of commuters and travelers, the benefits should be measured out fairly as well...

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

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

The Observer comments:

The Dallas Morning News' Trailblazers Blog has a post, "Tarrant County Judge Glen Whitley was honored as County Leader of the Year by Penton's American City and County magazine. He was presented the distinction at the National Association of Counties annual conference in Reno, Nevada."

The post goes on to say that, "Whitley was praised for building consensus on transportation projects and other North Texas issues in a cover story for the magazine's July 2010 issue."

Trailblazers quotes from the magazine article, "Whitley's ability to bring together diverse groups to resolve issues is the hallmark of his leadership style, sorting out the issues, listening to all points of view, yet insisting, in the end, that a solution must be identified and rallied around".

I don't think that Collin County Judge Keith Self was in the running for an award for regionalism.

That's too bad.

Bill

07/22/10

Permalink 02:29:27 am, by bill Email , 1593 words,   English (US)
Categories: News Clippings, Observer Opinions, Mobility

DNT extension approval along county line is a big defeat for Keith Self

The NTTA Board of Directors voted today to approve the alignment of the future Phase 4B and Phase 5 segments of the Dallas North Tollway on the original agreed route along the Denton/Collin County line. The decision was a defeat for Keith Self and the City of Celina,

NTTA approved the middle (yellow - red route) Click image for larger map.

Both Self and Celina had lobbied the NTTA Board and the Regional Transportation Council for the eastern alignment through Celina. In the end however only one NTTA board member, Bill Moore, a recent Collin County appointee, voted for the eastern alignment.

Most on the RTC and the NTTA see the vote as a victory for the region and for a regional approach to meeting the area's transportation needs. Self and the Collin County Commissioners Court are increasing being seen as provincial mavericks - unwilling to compromise for the sake of the entire region.

The tale started back in 2005 when Both Denton and Collin counties agreed to a county line alignment for the future tollway extension. In 2008, Collin County rescinded their agreement - partly in frustration over the allocation of the SH 121 revenue sharing scheme and partially to gain the anticipated tax base that would occur on both sides of the new toll road.

Collin County commissioners then formed the Collin County Toll Road Authority, partially in an attempt to take over the planning and construction of the future extension of the DNT.

The NTTA and its Chairman (Collin County's own Paul Wageman) strenuously objected to what they characterized as a hi-jacking of NTTA property.

The NTTA scared the heck out of the commissioners court when it became apparent that NTTA had powerful friends and influence in the Texas Legislature, especially in the Senate Transportation Committee. The Chairman of the Senate Committee warned Collin County's Keith Self that, "I don't think Collin County plays nice lately. I don't think they have a regional concern, but only for provincial Collin County"., "Bad things happen if you don't play nice". Faced with the legislative threat to remove all authority from the Collin County Toll Road Authority, the commissioners court backed down and conceded the DNT extension to the NTTA.

As recently as this March Senator Carona warned that, "Once again, Collin County elected officials are thumbing their noses at regionalism as they futilely attempt to seize control of the latest Dallas Tollway extension. It's a short-sighted move surely to incur the wrath of most North Texas leaders. Judge Self has been cautioned previously against this type of predatory behavior and appears eager for yet another bruising by his neighbors."

But a couple of weeks ago, Keith Self ratcheted up the rhetoric again with an email he posted on his blog. In his email, Self brought up the old complaints about the RTC's allocation of SH 121 tolls. Most experts in the region and members of the RTC saw Self's email as being loaded with half-truths and misrepresentations.

No one I talked to ever believed the NTTA board would approve the eastern alignment. Rather, the question today was whether the NTTA board would take revenge on Collin County and Self by moving the DNT extension completely out of Collin County.

Thankfully, the NTTA board did the right thing. They took the regional approach and approved the long standing agreed upon alignment along the county line.

Judge Self could learn from their example.

The Phase 4B and 5 extensions are many years away from being completed. Current guesses range from 10 to 20 years before construction will begin.

Meanwhile, the political landscape for transportation and especially the NTTA is about to change. Chairman Paul Wageman will retire at the end of the year, and the Collin County Commissioners will be appointing his replacement.

Also John Carona, last sessions' mercurial chair of the Senate Transportation Committee, will no longer be on the Committee. Press reports say that he was frustrated at the lack of will by the State Legislature to raise the money needed to address the mobility needs of the State.

Bill

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

NTTA rejects Collin bid to move future DNT to the east

Michael Lindenberger / The Dallas Morning News Transportation Blog

The North Texas Tollway Authority rejected a bid by Collin County and Celina city leaders to move the northernmost future segments of the Dallas North Tollway to the east, and entirely within Collin County.

The board voted 7-1 this morning to formally endorse a route that will run the DNT along a path that will essentially track the county line between Collin and Denton counties. Chairman Paul Wageman, a Collin County appointee, did not vote, explaining that his law firm represents a property owner along another segment of the DNT. Board member Bill Moore of Collin County voted against.

That route had been endorsed by both counties in 2005, but Collin County changed its mind in 2008, in part because of frustration over how the Regional Transportation Council voted to split up the $3.2 billion advance payment the NTTA made to win the SH 121 toll contract. Collin County Judge Keith Self has said Collin County should have received larger portion of the payment.

The Collin County plan was novel in that it included a proposal by the tiny city of Celina, whose leaders promised that it would give NTTA every penny of property taxes it received as a result of the DNT -- an offer it said would be worth well over $220 million over the first 40 years after the road is built.

Celina city manager Jason Gray said The proposal could be a model for how cities across North Texas could use property taxes to help offset NTTA's costs. The real value of that promise however was questioned by some board members, who noted that the prospect of money decades into the future would mean little to lenders who would finance the nearly $1 billion the DNT is expected to cost.

No matter where the road is built, construction isn't expected to begin for at least a decade and perhaps in the words of one top NTTA official a generation.

Denton County Judge Mary Horn said the county line route represented a compromise that deserved to be supported. The county also noted it had secured agreements with property owners to donate 95 percent of the right of way needed for the county line route.

In addition, Denton County voters have already agreed to use $20 million to help NTTA build footage roads, and another $1.5 million for design -- dollars available now.

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

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

Horn: Toll route good
Road extension to follow line between counties


Thursday, July 22, 2010
By BJ Lewis / The Denton Record-Chronicle

Denton County leaders said Wednesday the region won when the North Texas Tollway Authority chose to extend the Dallas North Tollway along the Denton-Collin county line rather than entirely in Collin County.

“This is a good regional solution — good for Denton and Collin County, Pilot Point and Celina,” said Denton County Judge Mary Horn. “Perhaps at this time Collin County isn’t looking at it like that, but I hope they will. We have worked well in the past and hope we will in the future.”

Construction on the extension isn’t expected to begin for at least a decade.

Both counties had endorsed the route along the county line in 2005, but Collin County officials changed their minds in 2008, in part because of frustration over how the Regional Transportation Council voted to split up the $3.2 billion advance payment the tollway authority made to win the State Highway 121 toll contract.

Collin County Judge Keith Self has said Collin County should have received a larger portion of the payment.

The Collin County plan included a proposal by Celina, whose leaders promised that it would give the tollway authority every penny of property taxes it received as a result of the Dallas North Tollway — an offer it said would be worth more than $220 million over the first 40 years after the road is built.

Horn and some board members questioned the real value of that promise.

Denton County voters have agreed to use $20 million to help the tollway authority build frontage roads, and another $1.5 million for design — dollars available now.

“It’s very speculative, whereas Denton County, upon the advice of our transportation consultant, had the foresight to put $20 million in our bond election to do the frontage roads,” Horn said after the meeting. “A million and a half that we got for the design phase, … that’s money that is available today; that’s not speculative.”

Another issue was the flood plain in the northern part of both counties. Taking the eastern route would mean five more bridges, Horn said. The county line route would require only two.

Commissioner Hugh Coleman said the tollway authority made a good decision in selecting the county line route.

“The tolls are paid for on those roads by everyone in the region,” he said. “Having it along the county line benefits both counties.”

Coleman said his lingering concern is that a good portion of the toll road would run through special taxing districts that were set up for future development.

“In those districts, we need to solve the problem of providing police and fire [service],” he said. “We’re going to work with Pilot Point on a remedy.”

Coleman said the tollway authority took a well-reasoned approach that gave all parties an opportunity to speak.

“Overall, the best decision was to have it on the county line,” he said.

Michael Lindenberger of The Dallas Morning News contributed to this report.

link to this article at The Denton Record-Chronicle....

Permalink 01:17:25 am, by bill Email , 369 words,   English (US)
Categories: News Clippings, Observer Opinions, Quality of Life

A brutal demolition

To the surprise of no one, the McKinney City council voted today to demolish the old county courthouse on McDonald St.

The sale and proposed destruction of the old courthouse has not been without its share of well-deserved controversy. In 2006, at the time of the sale, Commissioner Jerry Hoagland vigorously opposed selling the old courthouse for what amounted to a fire sale price of $8 million. However he lost that argument because the other commissioners believed the City of McKinney when they said they needed the floor space as they were outgrowing their old city hall facility. The plan was that the city would renovate for an inexpensive move-in.

They never mentioned tearing the building down until after the title was transferred.

The Texas Historical Commission also objected to the sale and destruction. The Historical Commission characterized the old 6 story cube as a, "good example of a modern form of architecture known as Brutalism which is gaining notoriety and appreciation among architects and historic preservationists."

A year ago, citing a law that required state permission before a county courthouse could be sold, the Historical Commission fined Collin County $1,000 for violating the law on preserving old courthouses.

Bill

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

Council votes to demolish courthouse
July 21, 2010
Ed Housewright / The Dallas Morning News McKinney Blog

The vote was anti-climatic, but the McKinney City Council has made it official:
The old Collin County courthouse on McDonald Street will be demolished.

Council members have discussed the fate of the six-story building near the square since the city bought it from the county in 2006.

In recent months, council members have leaned toward demolishing it.

But they delayed the vote while the University of North Texas decided whether to acquire the 31-year-old building.

Recently, UNT decided it couldn't use the courthouse, said McKinney Deputy City Manager Rick Chaffin.

"I think it's time to clean up the site and begin to think about what we might do with it in the future," City Council member David Brooks said.

The council set no timetable for demolition.

The Texas Historical Commission fought unsuccessfully to save the courthouse, calling it an example of Brutalism, an architectural style common in the 1970s.

link to this article at the Dallas Morning News' McKinney
? Blog...

Permalink 12:20:54 am, by bill Email , 759 words,   English (US)
Categories: Observer Opinions, Politics, Law, Crime & Punishment, 2011 Budget

The candidates respond to proposal for DA to act as county's civil attorney

Last week, the District Judges, the County Auditor and the Purchasing agent presented 10 proposals to lower the fiscal year 2011 budget.

Proposal #3 was:

"Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county. Savings: $500,000."

Some members of the Commissioners Court noted that the next elected District Attorney would have to agree with the idea before the court could act on it. So The Collin County Observer asked Greg Willis, the Republican nominee and Ralph de la Garza, the Democratic nominee their position.

Specifically we asked both candidates:

"If elected, would you be willing to serve as the County’s attorney in civil matters? Would you support the concept of moving routine county legal business “in house”?"

I am pleased that both candidates replied with thoughtful comments. Below are their complete and unedited responses. (in alphabetical order)

Rafael de la Garza II, Democratic nominee for Collin County Criminal District Attorney --

"Last week, you posed a question "if elected, would you be willing to serve as the County's Attorney in Civil matter"? "Would you support the concept of moving routine legal business in house"?

"To both questions, the answer is Yes.

"We need to keep up with the times and it is now time to have a real Civil Division in the Collin County D.A.'s office to handle Advisory opinions, Tort Claims, "1983" issues, Asset Forfeiture and Bond Forfeiture issues. Collin County D.A.'s office would need at a minimum of two attorneys and one support staff. This could save the County as much as $500k per year. However, from time to time, outside counsel may still be needed to handle complex cases for which we do not have the expertize and areas where we have a conflict."

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Greg Willis, Republican nominee for Collin County Criminal District Attorney --

"Generally speaking, yes to both questions.

"A couple of reasons come to mind. First, Texas law provides that the DA represent the county in court as well as render advice to county officials upon request. Second, it could potentially save taxpayer money.

"As to the first reason, Texas law requires that “the criminal district attorney of Collin County . . . . [s]hall represent the state in all criminal and civil cases in the courts in the county unless otherwise provided by law.” Tex. Gov’t Code 44.143(a). The law also vests the criminal district attorney with “all the powers, duties, and privileges in Collin County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.” Tex. Gov’t Code 44.143(b). One such duty: “A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.” Tex. Gov’t Code 41.007.

"Texas law also sets out instances where the DA is to represent county officials and employees if they get sued by an entity other than the county. Tex. Local Gov’t Code 157.901(a) provides that any county official or employee sued for an action arising from the performance of a public duty is entitled to be represented by the district attorney or county attorney. Naturally, if an official or employee who is eligible to be provided legal counsel under Subsection (a) is accused of an act that may form the basis of a criminal charge against the official or employee, then under 157.901(b) that official or employee would be entitled to have the commissioners court employ and pay for private counsel and the District Attorney's office would not be representing such individual.

"As to the second reason, the concept is attractive. But because I’m not currently privy to all the matters for which the commissioners have hired outside counsel, I’m not in a position to guarantee any savings. The commissioners, as stewards of our taxpayer dollars, need top-flight legal advice. Sound advice, well-heeded, should save substantial taxpayer dollars over the long haul. To render timely and wise advice to any county official, I believe we would need to hire bright, experienced lawyers well-versed in governmental civil matters. So I’m hopeful we could realize savings for the taxpayer but I can’t be sure until I know exactly what matters the county has before it."

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Bill

07/18/10

Permalink 10:38:10 pm, by bill Email , 690 words,   English (US)
Categories: Observer Opinions, Politics, Elections, Ethics

The high cost of running unopposed

It's a truism that running for office is expensive and getting more expensive every year. Sure media and printing costs cost more money, and postage costs seem to increase every time you send out mail. But the real issue behind the inflation in campaigns are two fold.

One more folks are willing to spend more and more of their own money to get elected. Unless we are willing to concede public office only to those who can afford it, then other candidates must try to raise ever increasing sums to keep up.

Also as campaigns and the issues become more polarized, they attract out of town money. It's not unusual for a candidate in Collin County to run a campaign costing thousands of dollars, most of which was raised out of county. But on the whole local campaigns are still affordable to anyone with a political base who is willing to raise the needed funds.

For example, in the hotly contested primary battle for County Commissioner in Precinct 2, the winner Cheryl Williams spent about $67,000 while Jerry Hoagland spent $76,000. The difference is that Hoagland's campaign was financed by contributions, while Williams' campaign still owes her the $50,000 she loaned the campaign.

The County Judge's primary race cost challenger John Muns over $204,000 of which $80,000 was in loans to himself, while Keith Self spent $114,000 -- all donated.

These numbers, as large as they may seem to a potential candidate, are dwarfed in the race for State Legislature. Seats on the legislature have become very, very expensive.

The press has written much about Van Taylor and his $1.04 million primary race. Very little of that million was raised in-district. $950,000 of it was his own money, and much of the rest was from out of town donors. Mabrie Jackson too, lent herself $80,000 out of the $362,000 she spent trying to defeat Mr. Taylor's money.

While the District 66 Million Dollar Race has garnered the most media attention, it is the other legislative races that have brought in the big, outside dollars.

Unopposed Legislators

What other legislative races? The unopposed ones.

The war chests of our incumbant legislators are both bloated and stunning in their scope. It is ironic that thee legislators, whose pay is a measly $7,200 a year can amass campaign dollars in the hundreds of thousands, even though they are unopposed in both the primary and general elections.

Legislator Cash on hand
(net of debt)
Rep. Ken Paxton $679,161.00
Sen. Florence Shapiro $544,436.00
Brian McCall
$510,124.00
Rep. Jodi Laubenberg $285,886.00
Sen. Craig Estes $160,604.00
Rep. Jerry Madden $4,557.00
Rep. Van Taylor ($885,755.00)

A look at their campaign finance reports over time proves the fact that these large sums were not raised by loyal in-district constituents. On the contrary, these huge campaign war chests represent the donations from PACs, special interest lobby groups and rich out of town contributors.

Rep. Ken Paxton owns the largest campaign war chest -- over $679,000. Over the last six months, he has added over $35,000 to his campaign, including a $4,000 gift from the AT&T PAC, $1,000 from an Irving, Tx contributor, $5,000 from a Richardson real estate broker, $1,000 from the Tenet Healthcare PAC, $1,000 from the Texas Petroleum Marketers and Convenience Store PAC, $3,000 from Unity Resources, and $5,000 and $1,000 from in-district constituents.

During the first half of the year, he raised over $122,000. The big contributors were once again mostly out of towners and Corporate PACs.

Rep. Paxton is certainly not the only state representative to rely on outside interests to fund his campaign account. Without exception, all the large war chests I examined were funded in a similar manner.

These state legislators campaign war chests even dwarf all but one local Congressional accounts. Federal records show that while Rep. Sam Johnson (who is unopposed) has amassed over $600,000 in campaign dollars, Ralph Hall (who did face primary opposition) has less than $25,000 on hand. Sen. John Cornyn has only about $18,000 on hand.

Some critics of Texas' system for campaign contributions argue that our system, in effect, offers up seats in the Legislature to the highest bidder. If so, our Collin County Reps should feel secure in knowing that thanks to their friendly PACs, they have the means to out bid all but the most determined millionaire candidate.

Bill

Permalink 02:49:54 pm, by bill Email , 1264 words,   English (US)
Categories: News Clippings, Quality of Life, Taxes

DMN - Anna officials say liquor sales have boosted revenue

Anna officials say liquor sales have boosted revenue

July 17, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Anna is a one-stoplight town whose main drag features a feed store, a trailer park and The Malt Shop, a drive-in that looks unchanged from the 1950s.

Stereotypical small town? Yes, except for a little place called Coyote Liquor Den.

Anna – population 8,250 – is the only place in Collin County to allow liquor stores. And five years after the contentious election that let them in, Anna remains small and still miles from the suburbia creeping north, a laboratory of sorts for examining the effects of liquor sales on a community.

"I can't think of a situation that would be better," said Scott Testa, a business professor at Cabrini College in Philadelphia, who has studied alcohol trends. "No data collection is pure, but Anna has fewer factors that could skew the data."

Testa notes that arguments over alcohol sales center on the economic benefit vs. the perceived social harm. That's not lost on folks in Anna, which now has four liquor stores but not a single 7-Eleven or Starbucks.

"I still don't like to see liquor and beer signs around town," said Buddy Hayes, a 50-year resident and president of Texas Star Bank. "But sales have been excellent. I certainly appreciate what they've done for the city."

How communities fare with expanded alcohol sales is getting new attention because of elections this fall in Dallas and University Park to eliminate "dry" areas.

Anna's sales tax revenue has more than doubled since liquor stores were approved by just 19 votes. In 2005 Anna received $353,781, according to the state comptroller. In 2009, that number had swelled to $767,497 – an increase of 117 percent. That increase far exceeds Anna's 63 percent population growth during the same period.

Liquor store owners and managers in Anna were reluctant to discuss sales, except to say business was good. State and city officials don't break down sales taxes by product, so it's hard to measure liquor's exact impact. In recent years, a number of businesses – including a supermarket, an auto parts store and restaurants – have opened.

But the liquor stores have played a major role in padding city coffers, said Mayor Darren Driskell. "The sales tax dollars have been a huge boon for the city."

New parks

The windfall has helped build two parks, Natural Springs and Slayter Creek, and buy land for more, City Manager Philip Sanders said. It's allowed the town to expand its police presence from a single officer to a force of 11, open a new police station and reconstruct older streets, he said.

Meanwhile, officials say, the forecast ills of liquor stores haven't materialized.

The Collin County Substance Abuse Program assesses and refers juveniles and adults who have drug and drinking problems, said its director, Tommy Blakeman. Many are referred by courts.

Blakeman said he hadn't noticed any increase in alcoholism or alcohol-related crimes since the Anna liquor stores opened. He said he frequently gives community presentations and hasn't heard people lament the vote.

Police Chief Kenny Jenks said driving while intoxicated and other alcohol-related crimes haven't increased. Sexually oriented businesses haven't arrived. And, officials say, the liquor stores haven't caused the surrounding neighborhoods to deteriorate.

"Some of the nicest stores in town are the liquor stores," say Hayes, the banker. "And it's clean all around them."But while many Anna leaders laud the liquor stores, former City Council member Billy Deragon has a more skeptical view.

He worries about the effect on Anna's image of having Collin County's only liquor stores. Three of the four – Anna Liquor, Fossil Creek Liquor and Goody Goody – sit visibly on U.S. Highway 75 at the town's only exit.

"I still feel it's a negative that the first thing people see when they come into Anna is liquor stores," Deragon said. "Someone could say sexually oriented businesses are economic development. It's a question of where do you draw the line."

Emotional issue

In Dallas, where voters will decide in November whether to eliminate areas that don't allow beer and wine sales, groups on both sides have sparred vigorously. However the arguments have primarily involved the accuracy of economic projections, not whether crime will increase.

Alcohol elections invariably stir strong emotions, said Testa, who has consulted for liquor companies.

He said research doesn't support the claim that greater availability of alcohol leads to higher crime.

"Certainly, there are cases where people with substance abuse problems commit crimes," he said. "To say it doesn't happen would be absolutely false. But those are relatively low. Even in towns that are dry, you still have those issues."

Another expert, however, cautions that alcohol sales affect communities differently and can produce negative results.

Traci Toomey heads the University of Minnesota's Alcohol Epidemiology Program, which researches ways to reduce social and health problems associated with drinking.

"Quite a few studies have looked at the density of alcohol establishments and various types of health and crime outcomes," Toomey said. "The preponderance of research evidence does suggest [that] as we increase the number of alcohol establishments in a given neighborhood, we see an increase in a wide range of problems.

"Some have shown violence, some higher levels of sexually transmitted diseases and some more traffic crashes, although I think the evidence is a little more mixed."

Rick Ballard, executive director of the Collin Baptist Association, said he hasn't heard of specific problems arising from Anna's liquor sales.

But he said the wider availability of alcohol can have insidious effects. For instance, underage drinking can increase and excessive drinking by adults can strain families, he said. "You can't necessarily put a statistic on it, but there are enough ills and damage to the family that you don't really want it around you."

'The citizens spoke'

Liquor sales didn't arrive in Collin County without a fight. A 2003 ballot proposal in Anna failed by a wide margin. The 2005 measure, to allow retail sales of all kinds of alcoholic beverages, passed with 51.5 percent of the vote.

Dan Lovitt, who led the petition drive to call the first election, said he was surprised by the strident opposition. Opponents circulated fliers that said DWI arrests would soar and strip clubs would arrive if voters approve liquor sales.

"I was amazed," said Lovitt. "It really opened my eyes to what politics can be like. I guess I went in kind of naïve."

Voters have rejected liquor sales in the Collin County towns of Fairview, Lowry Crossing, Melissa and St. Paul.

Ballot proposals for sales of beer and wine have fared much better. In the past decade, voters in Allen , Frisco and McKinney? have approved the sale of beer and wine at grocery and convenience stores. Parts of Plano have allowed beer and wine sales since 1977.

Deragon, the former Anna City Council member, said he felt so strongly about the problems liquor stores pose for Anna that he led a petition drive in 2007 to overturn the 2005 election.

But the subsequent election revealed a far different mood among voters.

With almost twice the turnout, more than 77 percent voted to keep the sale of beer, wine and liquor. Deragon said he has given up on efforts to rid Anna of alcohol.

"The citizens spoke," he said.

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

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

The Observer comments:

The voters in Frisco also spoke, but that hasn't prevented the City of Frisco from spending almost a million taxpayer dollars to purchase land to try to block the election's outcome and thousands more dollars in legal attempts to use the courts to circumvent the will of those same tax payers.

Bill

Permalink 02:30:55 pm, by bill Email , 296 words,   English (US)
Categories: Observer Opinions, Politics, Elections

July campaign finance reports posted

The Collin County Observer believes that informed voters can be empowered to make better choices at the polls.

Federal and state laws require that all candidates file periodic reports detailing their campaign contributors and expenses. However it is nearly impossible for the average voter to navigate the myriad of regulations so that they can find and research the candidates' disclosures.

Federal campaign finance reports are filed with the Federal Elections Commission. The reports filed by congressional, senate and presidential candidates can be found here.

State reports are filed with the Texas Ethics Commission. State filers include candidates for Governor, Executive statewide offices, State House, State Senate and District Judges. These reports are also posted online and can be found here.

Searching for financial information for local candidates can be daunting. Most jurisdictions do not post campaign finance reports online. Citizens must take the time and expense to request the reports from city secretaries, school districts, and other taxing entities. Unfortunately, other than for county offices, it is beyond the resources of The Observer to try to post all these local filings.

Candidates and officeholders for Collin County offices are also local filers. They file with the Collin County Elections Department. While the county has told me they have plans to post these reports, as of now, they are still held in filing cabinets at the Elections Department.

The Collin County Observer has once again filed an Open Records request for all campaign finance reports due to the county. We have posted all county and state July, 2010 Semi-Annual Reports here. It is our hope that our readers will avail themselves of the opportunity to research these reports and learn more about the candidates who seek their support.

Bill

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

NOTES:

2010 Local County and selected State campaign finance reports.

07/16/10

Permalink 01:43:24 am, by bill Email , 209 words,   English (US)
Categories: Observer Opinions, Good Governance, Quality of Life

Veteran's Memorial in McKinney funded and set to build

It's been over 5 years since former Marine Ronnie Foster got together with some friends and a McKinney City Council member to come up with a plan to design and build a memorial to those local servicemen and women who gave their lives for our nation.

On Monday, the Collin County Commissioners Court approved a $300,000 grant for the Memorial Park. Those funds when added to what had already been donated by the City of McKinney and many other donors, represented the final sum needed to finance the $1.3 million memorial.

The memorial, located on a quarter acre site in Town Center at Craig Ranch will feature an American flag that will be lighted and will fly 24-hours a day, as well as a fountain. The names of the Collin County fallen will be listed on the walls in that area. A ribbon-like walkway will extend from one end to the other. On the east end, a Shumard Red Oak tree will be planted and dedicated to each branch of the Armed Forces.

According to Mr. Foster, ground breaking on the Collin County Veterans Memorial Park in McKinney could begin in October or November.

Photos and plans for the memorial can be seen on Mr. Foster's Collin County Freedom Fighters website.

Bill

Permalink 12:31:29 am, by bill Email , 492 words,   English (US)
Categories: News Clippings, Poverty, The Economy

DMN - Plano weighs plan to build long-term homeless housing facility

Plano weighs plan to build long-term homeless housing facility

Thursday, July 15, 2010
By THEODORE KIM / The Dallas Morning News

Faced with a homeless population that has grown amid the recession, Plano is weighing a plan to build a large, first-of-its-kind campus to house indigent families.

The proposal, put forward by the Samaritan Inn of McKinney, is thought to be the largest facility of its kind in North Texas.

It would differ from other homeless shelters in that families would, for the most part, live there full-time for months and receive job and other support.

The Samaritan Inn, Collin County’s only homeless shelter, follows a similar model. But the six-acre Plano complex would offer more amenities, have a link to DART buses and house some 80 families at one time — more than twice the Inn’s capacity.

“This has long been needed in Collin County,” said Jim Malatich, the Samaritan Inn’s director of operations. “We’re excited about the project.”

Civic leaders say the $3.8 million endeavor, which has advanced quietly until now, is critical at a time when poverty is on the rise, even in affluent Collin County.

But controversy is already brewing over the project’s location, scope and possible impact on Plano, particularly the community’s poorer eastern side.

The Inn has proposed a site in an eastside technology district that the city formed years ago to attract the kinds of Fortune 500 companies that dot Plano’s affluent western side.

“A lot of us have put years of service into revitalization efforts,” said Katherine Brewer, who owns a mapping company near the proposed campus. “I see all of the hard work to turn around all of east Plano going down the drain.”

City Hall also is considering the unusual step of giving the project $700,000 in federal grant monies, with the Samaritan Inn repaying the city the interest it would have earned on that amount.

Organizers filed paperwork for the complex late last week, but discussions with the city began in the spring, project officials said.

Plano Mayor Phil Dyer said the city has not yet decided whether to approve the loan or zoning changes required. But project officials say they expect a final City Council vote sometime in September.

Social services advocates have long pushed for additional facilities for the homeless somewhere in Collin County. Despite its vast and growing population of 800,000 people, Collin has few housing options for the indigent.

In Plano, the number of families living on incomes of less than $25,000 has grown some 18 percent since 1999. That growth has intensified during the recession.

Plano City Council member Harry LaRosiliere said the facility “speaks to the reality of what’s going on in America, Texas and Plano.”

“The economic conditions that many people are facing are real. For us to ignore it would be a disservice to those experiencing those difficulties. Whether we do something or not, they are there.”

link to article and map at The Dallas Morning News....

07/14/10

Permalink 02:50:25 am, by bill Email , 1365 words,   English (US)
Categories: Observer Opinions, Politics, The Economy, Taxes, 2011 Budget

District Judges,staff solve Collin County Budget crises??

This year Collin County, like almost all governments in the country, is facing a budget shortfall caused by declining property values and reduced income from interest, fines and other sources.

However, most agree that our county is far better off financially than most other cities, schools and counties. For one thing, property values have not fallen that much here - in fact due to reduced valuations, the typical Collin County homeowner will only see a $5.03 reduction in next year's county tax bill.

Also, the county is sitting on a huge financial reserve of over $125 million. These reserves are sufficient to fully fund the county's operations for over 200 days.

The latest figures given by the budget office show a potential shortfall somewhere between $1.2 million and $7.5 million out of an approximate $200 million budget.

Commissioner Jaynes has argued that no such drastic actions need be taken - that careful budgeting and some use of the surplus $125 million will more than insulate the county from a shortfall, while protecting public services.

But some on the Commissioners Court, believe that the county needs a dramatic cut back in expenses - and they would start with employee insurance and other benefits. Judge Keith Self and Commissioner Matt Shaheen have been leading the effort to review all benefits with the goal of reducing the county's future liabilities. (Collin County is self insured.)

Commissioner Jerry Hoagland also wants to look at the employees insurance package. At Monday evening's budget discussion, Referring to spousal and child coverage, Hoagland with his usual tactless style made an issue over the fact that Collin County taxpayers were subsidizing insurance for lots of people who, in his words, "don't even work for the county".

Joe Jaynes dryly remarked that he wasn't about to vote to kill insurance for kids.

(I will note that Mr. Hoagland is not advocating cutting benefits for retirees. Since he is retiring at the end of the year, and since his wife has already retired from county employment, the county's many retirees can rest assured that Jerry will protect their insurance package.)

Another budget item proposed for cutting is the employee "pay for performance" increases. Commissioners Jaynes, Hoagland and Ward want to protect the pay for performance program and allot a minimal (perhaps 1.5%) increase, while Self and Shaheen have indicated they are opposed to any employee raises this year.

A couple of months ago, Judge Self requested that a memo be sent to all departments asking them to not only submit "zero growth" budgets, but to also identify where cuts could be made. Joe Jaynes objected, instead he proposed that the employees themselves be given an opportunity to identify potential savings in expenses.

Both Self and Jaynes sent out their memos.

Monday night, the county's District Judges replied to Commissioner Jaynes request for suggestions. The judges, who to the best of my knowledge have never involved themselves in the county's operational budget (except as it applies to the courts) asked County Auditor Jeff May, and County Purchasing Agent Frank Ybarbo to present their plan to reduce spending by over $15 million next year, without cutting salaries, benefits, positions or services.

The County Auditor and the Purchasing Agent are hired by and report to the Judges and not the Commissioners Court.

Joe Jaynes, in his County Line newsletter lists the saving that the Judges and their staff came up with:

  1. "Change the Budget Procedure for Contingencies - As of now we budget $6.6 million for this line item. The recommendation is to budget only $1 million and use our rainy day fund for other contingencies.
    Savings: $5.6 million.

  2. Reduce Maintenance Contract Budgets-Our FY2010 adopted budget for maintenance was $5.46 million. However, actual expenditures in FY2009 was $2.9 million and FY2008 was $2.6 million. Our Auditor recommends that we can trim this by $2.2 million and still have a healthy line item to address any maintenance issues.
    Savings: $2.2 million.

  3. Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county.
    Savings: $500,000

  4. Reduce Various Miscellaneous Accounts: Examples would be to reduce our consultant expenses, eliminate pamphlets and reduce the temporary worker salary line item. These are areas where, in most years, the funds budgeted are not fully spent.
    Savings: $1.1 million

  5. Restructure Capital Replacement Budgeting: In FY2010 the Capital Replacement line item (furniture, etc.) is $625,000; actual expenditures in FY 2009 was $71,000 and FY 2008 was $236,000. We have a new courthouse and, thus, new furniture so this line item can be reduced.
    Savings: $600,000

  6. Reallocate Road and Bridge Tax Revenue: Our Road and Bridge fund is generating enough revenue that we can go into FY2011 without allocating any tax revenue to this fund.
    Savings: $3.9 million

  7. Reduce Unemployment Insurance Premium line item by 75%--Due to savings from past years in our unemployment insurance fund a reduction in this area will not impact our ability to pay claims.
    Savings: $250,000

  8. Combine County Building Maintenance Departments-Each county facility has its own maintenance budget. By combining this into one budget it will bring about more efficiency.
    Savings: $500,000

  9. Reduce Cell Phone Budget: FY2010 adopted budget for cell phones is $356,000, FY2009 actual was $158,000 and year to date for FY2010 is $105,000.
    Savings: $200,000

  10. County Auditor Budget Reduction: Due to staff reorganization by our County Auditor Jeff May he is able to save taxpayer dollars.
    Savings: $150,000


Total Savings $15 million"

The County Auditor, Jeff May then issued the following press release:

PRESS RELEASE

For immediate release.

DISTRICT JUDGES, STAFF SOLVE COLLIN COUNTY BUDGET CRISIS

McKINNEY, TX -- With Collin County facing an unprecedented budget shortfall the County is facing difficult decisions on how to balance the upcoming budget. The difficult decisions have been made less difficult by new proposals made by the County Auditor Jeff May and Purchasing Agent Frank Ybarbo during Monday night’s Commissioner's Court budget meeting. May and Ybarbo purposed over $15 million in budget revisions and cuts which would balance the County's budget without having to decrease current level of services or to terminate any employee and preserve the County's current reserve funds.

The Auditor and Purchasing Agent are both appointees of the Collin County Board of District Judges. Mark Rusch, the Local Administrative Judge for the Collin County District Courts stated, "When the judges heard of the potential of a County budget shortfall, we called in both the Auditor and Purchasing Agent and told them we need to do our part to balance the budget, by cutting existing fat and not increasing taxes. We met several times with both employees. We are very excited about what they were proposing. So, we determined these proposals needed to be presented to the Commissioner's Court."

Collin County's projected revenues for fiscal year 2010-2011 purports to result in over a $10 million shortfall. All options are on the table which included the reduction of certain services, the elimination of some county employees, pay reductions and reductions in the County's retirement benefits for current and future employees.

If the Commissioner's Court takes the advice from the County's Auditor and Purchasing Agent, the proposed budget will be balanced without such drastic measures and, in fact, would put the County in a budget surplus.

Auditor Jeff May stated, "With the proposals I am making today, Collin County will have a balanced budget, a status quo on existing County services and will maintain our current reserves. All of this will also help us maintain our bond ratings which is important to the County's fiscal health." The County has maintained a AAA bond rating for years. "The taxpayers of Collin County come out on top," May concluded.

The County will continue informal budget meetings for the next several weeks. The proposed budget should be ready for review in about a month. Final approval of the budget and whether the recommendations of the Auditor will be followed will be decided by the Commissioner's Court in September.
--------------------------------------------------------------------------------

Press and media inquiries should be addressed to Jeff May, County Auditor for Collin County at the address or numbers presented below.

Jeff May
Collin County Auditor
Collin County Administration Building
2300 Bloomdale Road, Suite 3100
McKinney, TX 75071

I'd score this one Self/Shaheen- 0 and Judges/Jaynes - 1

Let the 2011 budget games begin.

Bill

07/11/10

Permalink 11:59:22 pm, by bill Email , 574 words,   English (US)
Categories: News Clippings, Observer Opinions, Politics, Law, Crime & Punishment

DMN - Collin DA John Roach, foes ready for his retirement

In what could be the local reportorial understatement of the year, The Dallas Morning News' Ed Housewright has noticed that DA John Roach seems to be getting rather unpopular with the local bar....

Bill

Collin DA John Roach, foes ready for his retirement

Saturday, July 10, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County District Attorney John Roach says he's looking forward to his retirement at year's end.

Some defense attorneys say they are too. They've become increasingly vocal in criticizing Roach as arrogant, autocratic and demeaning of defense attorneys.

"He doesn't seem to shy away from personally attacking anyone who dares to criticize him," said Mitch Nolte, a former chief felony prosecutor under Roach.

He and other attorneys began speaking out because of Roach's yearlong investigation of state District Judge Suzanne Wooten, who was elected in 2008. The inquiry is believed to involve campaign finance issues. Roach defends the investigation but won't comment on its substance.

"It's a witch hunt, and there's no witch," said Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association.

Roach has received both criticism and praise in his eight years as district attorney.

He received the Lone Star Prosecutor Award from the Texas District & County Attorneys Association in 2008. The group honored Roach for "his courage and discretion in prosecuting – or choosing not to prosecute – several cases."

Roach's office has won a number of high-profile convictions. Last year, for instance, Raul Cortez was sentenced to death after being convicted of fatally shooting four people during a 2004 McKinney? home burglary. It was the worst mass murder in Collin County history.

Roach, an Air Force veteran, runs his office in a formal, regimented way. He addresses all his employees by "Mr.," "Ms." or "Mrs." Employees call him "Judge Roach" in recognition of his two decades as a district and appellate judge.

Roach requires male prosecutors to wear a suit or sport coat with a tie. Women can't wear "unreasonably short skirts or dresses or sexually provocative clothing," according to a 40-page office manual.

"I have some pretty set ideas about the way things ought to be," Roach acknowledges.

He has often riled county commissioners who set his office budget.

For instance, commissioners opposed his plan in January to spend $25,000 on high-powered rifles, shotguns, helmets and shields to equip a courthouse security team consisted of his investigators.

The money would have come from an asset forfeiture fund that Roach alone controls.

"It's my money," Roach said at the time. "I can spend it for anything my office requires, in my opinion."

Roach, 64, staunchly defends some policies that defense attorneys attack. For instance, he won't allow some defendants to plead guilty before a judge. Instead, Roach insists on trying the case.

"We're hard-nosed prosecutors," Roach said. "A lot of defense attorneys, not just here, want a DA who will roll over for them."

The repartee between Roach and defense attorneys won't last much longer. He decided not to seek re-election in the spring primary and his last day in office will be Dec. 31. In November, voters will decide his successor: Republican Greg Willis or Democrat Rafael De La Garza.

Roach plans to pursue his hobbies of swimming, scuba diving, skiing and firearm sports.

He won't rule out another run for public office, although he has no job in mind.

"Nobody holding office currently needs to be quaking in their boots," Roach said.

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

06/29/10

Permalink 11:53:04 pm, by bill Email , 1241 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Ethics

"The DA vs. the Judge" or "In re: Grand Jury Proceedings" (UPDATED)

Tomorrow morning there will be a hearing in a Collin County District Court that may decide the future of a District Judge -- Suzanne Wooten, elected in 2008 to the 380th District Court.

For over a year now, the Collin County Courthouse has been a buzz with rumors that District Attorney John Roach, Sr. was using a grand jury to investigate 2 sitting judges; Judge Greg Willis (now the GOP nominee for District Attorney) and Suzanne Wooten.

Sources close to both judges have styled the investigations as being politically motivated.

Judge Greg Willis was exonerated by a Grand Jury in January. To date, no action has been taken by any Grand Jury against Judge Wooten. In fact, the Observer was told in January that all investigations against Wooten had ended. Not so.

Attorneys for Judge Wooten learned yesterday that the District Attorney's office would re-convene a recently released Grand Jury in order to seek an indictment against her. In an attempt to stop the DA, they have filed a "Motion to quash illegally re-assembled Grand Jury". The hearing on that motion will be at 9:00 AM in the 366th District Court, with Judge Ray Wheless presiding.

The motion tells only one side of the story, but it does present a compelling picture of what one court house regular called "an abuse of judicial resources" by the first Assistant District Attorney Greg Davis and Christopher Milner, the Chief of the DA's Special Crimes Unit.

Judge Wooten's motion tells the tale of a political vendetta that began the day after she was elected by defeating long time Judge Charles Sandoval.

Wooten's attorneys note that, "the first time a sitting district judge was challenged, let alone defeated, in a primary election in Collin County history." Her attorneys charge that the day after the election, "Judge Charles Sandoval reportedly had a lengthy meeting meeting with executive level members of the Collin County District Attorney's Office", and that Sandoval believed that the only reason he lost the election was that Wooten, "must have cheated".

According to Judge Wooten's motion:

Shortly after the primary, the DA sought and obtained from Judge Curt Henderson Grand Jury subpeonas related to an investigation of Wooten. Because Grand Jury proceedings are secret, it wasn't until July of 2009 that Judge Wooten heard rumors that she was being investigated. More subpeonas were issued in July and again in August of 2009.

In September, 2009 Judge Wooten, "was made aware by her bank that there were 'unusual record activities' on her personal, former business and campaign accounts. Based on this information [Wooten] concluded that there could actually be an investigation pending against her." During this period, Chris Milner refused to admit or deny the existence of an investigation to Wooten's lawyers, despite their repeated inquiries and offers to cooperate.

During a meeting between Judge Wooten's lawyers and Mr. Milner held in October, 2009, Milner "demanded that [Judge Wooten] resign her bench by the following Wednesday, as 'Judge Roach (the DA) looks favorably upon public servants who accept responsibility for their actions and resign'." When asked what Judge Wooten was charged with, Milner responded, "She knows what she did.". Milner then stated that Judge Wooten, "needed to immediately resign to avoid them 'taking her law license, her family, her home, her liberty, and her reputation'."

But the Grand Jury never issued an indictment. In fact according to the motion, while the Grand Jury asked that the case be presented to them for a vote, "Milner refused to present the case and allegedly stated 'He was going to wait for a better Grand Jury'."

Six Grand Juries have come and gone since the investigation of Suzanne Wooten began. None have indicted her, nor even been given the opportunity to vote on a "True Bill" or a "No Bill".

The current Grand Jury's term officially ends on June 30. They held their last session last week on June 24th. On June 28th, Harry White, an Assistant Attorney General (acting as a deputy prosecuter appointed by John Roach) requested Judge Wooten appear before that Grand Jury on June 30th on a possible "bribery charge".

Fearing that Milner had finally found his compliant Grand Jury, Suzanne Wooten's attorneys filed the "Motion to Quash" arguing that the Grand Jury's term had ended and that only the court, and not the DA, could call them back into session.

For two years now, the courthouse has been rife with rumors of the investigation. for several months, Judge Wooten recused herself form hearing criminal cases, and has been unable to defend herself against unknown charges. As noted above six Grand Juries have come and gone. One investigation (against Greg Willis) ended with exoneration, but Wooten's case has not been allowed to come before a up or down vote by a Grand Jury.

During this period, the Collin County Observer heard persistent rumors that the DA would not allow bench trials (trials before a Judge, instead of a jury) in two District Courts -- the 380th (Judge Suzanne Wooten) and the 429th (Judge Jill Willis) -- both presided over by women. An email attached to Wooten's motion provides real evidence that the rumors were true. In the email, Greg Davis instructs one of his Chief Prosecutors to "conduct a TBC ["trial before the court", or a bench trial] in the 380th only if you have no interest in the outcome of the case"... "Those same guidelines are to be used in the 429th as well." The email further reminds the prosecuter that he has the authority to plead "any case set for trial before it was transferred to the 429th."

  • John Roach's allegations against Judge Wooten have never been made public.
  • Judge Wooten's allegations against DA John Roach charge that the DA is manipulating the justice system in trying to engineer outcomes he desires; not only forum shopping Judges, but also Grand Juries.

Why, if as Milner told her attorneys in 2009, he had "boxes and boxes of evidence" against the Judge Wooten, he has waited 2 years to finally present to a Grand Jury, and one whose term was ended or at best ending.

The hearing tomorrow should determine if this Grand Jury will be allowed to vote, or if the District Attorney will have to take his chances with yet another panel of Collin County citizens.

Bill

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

UPDATE June 30 11:00 AM

After a hearing in which no witnesses were called, Judge Wheless has ruled in favor of the Motion to Quash.

His decision was that the Grand Jury's term had ended and that the District Attorney could not legally re-call the Grand Jury into session.

Wheless's ruling means that Roach will have to present the case to another Grand Jury, if he is still seeking an indictment of Judge Suzanne Wooten. Wheless's decision is seen by most courthouse observers as a significant set back to the reach of DA Roach.

D Magazine's Front Burner Blog commented on the case this morning. Editor Wick Allison opines that John Roach and Charles Sandoval are trying to, in effect, overturn the election of Judge Wooten.

Bill

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

NOTES:

"In Re: Grand Jury Proceedings", "Motion to quash illegally re-assembled Grand Jury" filed in the 366th District Court on June 29, 2010 by Hon. Suzanne Wooten, movant.

Two local judges targets of grand jury investigations, CCO, Nov. 19, 2009

Judge accuses DA of "forum shopping" and "needless expense": DA appeals (updated), CCO, Dec. 21, 2009

Court releases Willis Grand Jury report, CCO, Jan. 26, 1010

Judge accuses DA of "forum shopping" and "needless expense": DA appeals (updated), CCO, Dec. 21, 2009

06/13/10

Permalink 11:42:31 pm, by bill Email , 520 words,   English (US)
Categories: News Clippings, Open Government, 1st Amendment

DMN Editorial - Harassment lawsuits endanger free speech

Editorial: Harassment lawsuits endanger free speech

Monday, June 7, 2010
The Dallas Morning News Editorial Board

We all like to think that freedom of speech is an inviolable constitutional right. But, for instance, if someone with money doesn't like a blog post about them, the mere threat of a lawsuit often is enough to silence even the most outspoken. The expense of hiring a lawyer and defending oneself in court can have a chilling effect on speaking one's mind.
Also Online

Valid criticism is silenced, unfair or potentially illegal behavior goes uncorrected, and free speech is stifled – all because the person being criticized has enough money to haul the accuser into court and bankrupt him into submission. In legal terms, this is know as "strategic lawsuit against public participation," or SLAPP. In 27 states, anti-SLAPP laws give courts discretion to reject meritless harassment lawsuits designed to make people shut up.

Texans have no such protection. Various legislators have tried but failed repeatedly since the 1990s to pass anti-SLAPP legislation. Now U.S. Rep. Charles Gonzalez, D-San Antonio, is co-sponsoring legislation that could bring relief to victims of harassment cases in states where such protections don't exist. Here's why such a law is needed:

Blog participation is exploding, and consumers increasingly are using their keyboards to vent frustrations over being cheated or mistreated by companies. Once posted, those complaints can fall under state defamation laws. In other cases, lawyers for a company criticized on the Internet often sue by claiming "tortious interference" – that the blogger is hindering a company's right to conduct business.

In Kalamazoo, Mich., Justin Kurtz found himself in such a bind. He vented online, saying his car was towed without cause by a Kalamazoo company, T&J Towing. Hundreds joined a chorus of criticism of T&J, which sued Kurtz for defamation, seeking $750,000 in damages.

"There's no reason I should have to shut up because some guy doesn't want his dirty laundry out," Kurtz told The New York Times. "It's the power of the Internet, man."

Anti-SLAPP legislation might have helped when The Galveston Daily News , author Carla Main and law professor Richard Epstein questioned Dallas developer H. Walker Royall's role in an eminent domain case involving private land seized to build a luxury marina near Galveston. They became swamped in litigation.

Anti-SLAPP laws do not – and should not – halt attempts by people to seek valid redress when they've been libeled. Instead, actions typically involve efforts to immerse a defendant in mountains of pretrial expenses such as legal consultations, depositions and evidence-gathering, even though the lawsuit itself has no merit in court.

People with loads of money rarely face the fear of economic ruin when they speak their mind, but for most Americans, harassment litigation can abruptly halt the free flow of information and discussion. Without anti-SLAPP, this growing silence can become deafening.

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

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

The Observer comments:

Yes, these suits, brought by government officials against taxpayers, happen here in Collin County.

See:

Bill

06/07/10

Permalink 12:55:18 am, by bill Email , 1183 words,   English (US)
Categories: Observer Opinions, Politics, Law, Crime & Punishment, Ethics

A culture of dishonesty

Collin County district Clerk Hannah Kunkle issued a press release Friday on the Texas Ranger's raid on her office. Said Ms. Kunkle:

PRESS RELEASE

I have now had an opportunity to review the allegations that prompted a search warrant on the office of the Collin County District Clerk.

When I announced I was retiring and several candidates filed to run for the office of District Clerk, I clearly instructed all of the employees of this office that there was to be no campaigning during work time for any candidate and that County property was not to be used for the benefit of any candidate. If the authorities had come to me with these allegations, I would have cooperated fully and all of us could have avoided the complete shutdown of the Clerk’s office.

I will be conducting an internal investigation of these allegations and will deal with my findings accordingly. I will not be speaking publicly about this matter until the completion of my investigation and the completion of any ongoing criminal investigation.

Until that time, the District Clerk’s office will continue to be open and serve the needs of the citizens of Collin County.

Hannah Kunkle
Collin County District Clerk

Ms. Kunkle would have us believe that the Texas Rangers were interested in a bit of campaign misconduct. Unfortunately, the press seems to also want us to see last week's raid as a response to some on-the-clock electioneering.

I wish that were the case.

The Texas Rangers have better things to do that to question 5 witnesses, develop over 100 pages of evidence, go to an Austin appeals judge for a search warrant, and then seize dozens of county hard drives over a little unethical campaigning.

The real issue with the District Clerk's Office - the issue that drove the investigation forward, and that caused the large-scale raid was that, according to witnesses, the District Clerk's Office had engaged in an organized conspiracy, perhaps for as long as 20 years, to defraud the taxpayers of Collin County.

District Clerk supervisors maintained a double set of books on employee time off. One set, the official one was turned into the county's HR department for payroll processing. The other was a record of illegal time manipulations designed to allow employees additional paid time off that they were not entitled to.

I spoke to a source at the County Auditor's Office Friday and asked him how such a large-scale fraud could go undetected by audits over so many years. He replied that while the Auditor was working to improve the audit process, such an ingrained system of double-bookkeeping would be almost impossible to detect - unless a whistle blower tipped them off to the problem.

But for years, and until this election, no such whistle blower appeared.

Internal emails and documents discovered by the investigators showed District Clerk's supervisors adding dozens of names and time adjustments to the "Blue Book" where extra time off was granted and tracked. Employees routinely asked for entries to be made in the Blue Book. Several emails refer to "bb" time as an alternative to the County's official Paid Time Off (PTO). An example, "Lauri, I clocked in at 9:15 this morning, so I'll use my lunch and PTO or bb time, OK?"

Although Patricia Crigger, as Chief Deputy District Clerk was a major driver of the "Blue Book" entries, virtually every single supervisor made entries into the Blue Book. Emails show almost 1/2 the employees of the department were the beneficiaries of the illegal Blue book time off.

It seems impossible for Hannah Kunkle not to know what was going on.

Now, the county does not keep its personnel policies top secret. All employees and especially supervisors are aware of the policies on PTO. Every employee that took part in this conspiracy must have known it was illegal.

The emails and evidence collected by Ranger Davidson make clear that the culture at the County District Clerk's office was that of dishonesty. Cheating in time sheets was OK. Hiding records and reporting false data was OK. Stealing was OK.

Under Hannah Kunkle, the supervisors and employees were corrupted. They lied, they stole and they believed it was their right to do so. They engaged in an organized conspiracy to cheat the system. Cheating was rewarded with paid time off.

There were no rewards for being honest, and so no one snitched. There existed a culture of dishonesty.

That is the problem that caused the raid.

The citizens of Collin County were cheated by employees of their justice system. The District Clerk's office is an important and vital adjunct to our courts. They not only keep the court's records, they accept filing fees, forward child support payments, and administer over $3 million in several dedicated bank accounts.

Many defendants whose records the District Clerk's Office receives committed crimes of less import than this, by the court personnel themselves.

This scandal will not be cleaned up until every supervisor who made a Blue Book entry is prosecuted, and every employee who accepted Blue book time is fired.

Cleaning house will not be easy. Hannah Kunkle is an elected official.

If Ms. Kunkle and Ms. Crigger are indicted and convicted of misconduct, they would be automatically removed from office. But the criminal process will take some time and meanwhile the perpetrators of the conspiracy could remain in place.

The Commissioners Court can not fire Hannah Kunkle. She can only be removed by a district judge after a jury trial in what is called a Removal Petition hearing. The Commissioners Court or any single commissioner can ask a judge for a Removal Hearing. (In fact, any Collin County citizen can petition the District Court for a Removal Hearing.)

The Commissioners Court can not fire her staff either. As an elected District Clerk, only Ms. Kunkle can fire a member of her staff. The Commissioners can not keep Patricia Crigger from assuming the post of District Clerk next January. What the court can do is to try to use their power of the budget to squeeze the District Clerk. They can refuse to approve expenditures and to approve new hires. (Monday's Commissioners Court agenda has a new hire in the District Clerk's office needing approval. There is also a request by Ms. Kunkle to advertise for another open position. I hope both will be denied.)

The Commissioners Court needs conduct their own internal investigation, and then if warranted, file a petition for the removal of Hannah Kunkle as District Clerk. The Commissioners Court, the County Administrator, the County Auditor and the County HR Department should also begin a thorough investigation of all departments in order to determine if the cancer in the District Clerk's Office is an isolated case or widespread.

Our society is based on the rule of law. Our rule of law is administered by our courts. We must have complete faith that our courts are run by ethical, law abiding public servants. Here in Collin County, we will need to clean our own house, or risk corrupting the very court system we rely on for our justice.

Bill

06/06/10

Permalink 11:22:36 pm, by bill Email , 342 words,   English (US)
Categories: Observer Opinions, The Economy, Taxes

Taxpayers Shanghied?

The City of McKinney is predicting a $5 million budget shortfall in tax revenue.

Next year, the McKinney ISD will decrease the number of teachers, increase class sizes and likely have to spend down $1.2 million in its reserves.

Times are hard. Property values and tax collections are down. Unemployment and deficits are up.

But not at the McKinney Economic Development Corporation. The MEDC is funded with 1/2 cent of sales tax revenue and operates with a taxpayer paid budget of about $8 million.

Which is certainly enough money to send a group of politicians on a junket to China. The MEDC has announced it will send State Representative Ken Paxton, McKinney Mayor Brian Loughmiller and MEDC Chairman David Pitstick on an expense-paid trip to the World Expo in Shanghai, China.

Unfortunately, the taxpayers are buying these politicians round-trip tickets.

Bill

From a city of McKinney press release:

McKINNEY, TEXAS (June 1, 2010) – State Rep. Ken Paxton and McKinney Mayor Brian Loughmiller will lead a McKinney delegation to Shanghai, China, June 12-17 where they will join Gov. Rick Perry for Texas Week at the World Expo. While in Shanghai, McKinney leaders will host business leaders at private functions and participate as presenters at the “Export in Texas” seminar that is expected to draw more than 100 Chinese business leaders.

The McKinney group will then travel to the industrial city of Shenzhen to meet with Chinese business leaders who have expressed an interest in future development in McKinney.

“This trip provides a tremendous opportunity to expand our relationship with the state of Texas for business attraction on a global scale,” said Mayor Loughmiller. “On a national scale, our relationship with the state has already yielded state incentives that have helped McKinney attract such companies as Raytheon and Torchmark.”

Over the span of six months, the Shanghai World Expo is expected to attract more than 70 million people from 192 countries.

In addition to Paxton and Loughmiller, the McKinney delegation includes David Pitstick, President/CEO of McKinney Economic Development Corporation, and James Chen, Director of the Mayor’s Committee for International Economic Development Partnerships.

###

06/03/10

Permalink 06:19:50 pm, by bill Email , 916 words,   English (US)
Categories: Observer Opinions, Politics, Law, Crime & Punishment, Elections, Ethics

Rangers allege fraud and conspiracy at District Clerk's office

The Collin County Observer has obtained the sworn affidavit by Texas Ranger A.P Davidson that was used to obtain the search warrant of the Collin County District Clerk's office yesterday. We are also posting the Search Warrant, 110 pages of attachments and the Return. The Return lists 18 pages of items seized in yesterday's raid.

In his sworn statement, Ranger Sergeant Davidson tells of 5 District Clerk employees who came to him with evidence of off-the-books time sheets used to pay District Clerk employees for time spent on Patricia Crigger's campaign.

The Affidavit and its attachments are damning. While I must point out that all these charges are still only allegations and must be proved in a court, the evidence shows that Ranger Davidson and his investigators spent considerable time gathering their facts before asking for a warrant. They present a compelling case.

The affidavit charges that, "On or about the dates of December 28, 2009 and June 1, 2010, in Collin County, Texas, Patricia Wysong CRIGGER, Sherry L. BELL, Rebecca A. LITTRELL, Amy E. MATHIS, Lorrie M. ROBERTSON, Marcia E. SIMPSON, Judy A. BLAZIER, and others did then and there, with intent to establish maintain and participate in a combination and in the profits of a combination, collaborate with each other and conspire to commit the offenses of Tampering with a Governmental Record, and Theft by a Public Servant by agreeing with each other that they would engage in conduct that constituted said offenses, namely, the falsification of official Collin County time and attendance records for employees of the Collin County District Clerk's Office and the maintenance of a separate system of accounting for their own additional program of unauthorized paid leave at Collin County Taxpayer expense..."

"On or about the dates of December 28, 2009 and June 1, 2010, in Collin County, Texas, Patricia Wysong CRIGGER, Sherry L. BELL, Marcia SIMPSON and Sandra K. HILL, public servants, with intent to obtain a benefit, did knowingly and intentionally misuse government property and services, namely, Collin County computers, printers, and copiers that had come into their custody and possession by virtue of their employment as public servants...."



Hannah Kunkle
Patricia Wysong Crigger

Ranger Davidson interviewed and took testimony from 5 District Clerk employees who charged that they were either pressured into working for the Crigger campaign or told they would be rewarded with "Blue Book" time for any PTO (paid personal time off) taken to campaign.

"Blue Book" time was paid time off that was not authorized by county policies, but instead kept by the supervisors on Excel spreadsheets, and later in binders. One informer told Davidson that the "Blue Books" began in the early 1990's after Hannah Kunkle was elected as District Clerk. When "Blue Book" time was taken by an employee, their supervisor would falsify county records to show that the employee was at work. Employees were reminded to leave their "Access Cards" with their supervisors when taking "Blue Book" time off, so that the supervisor could clock them in as 'present'.

One informant told Davidson that Kunkle had always authorized employees to receive "Blue Book" holidays off, including such holidays as, "Spring Day", "Summer Day", "Fall Day", "Winter Day", "Christmas Shopping Day", "Birthday Day", and two extra Holiday days to be used to extend three-day holiday weekends into four-day weekends.

The affidavit makes accusations against 6 ranking employees of using the "Blue Book" to reimburse employees time taken off for campaigning and/or for campaigning on County time and with County computers and printers. They are:

  • Hannah Kunkle, the elected District Clerk
  • Patricia Wysong Crigger, Chief Deputy District Clerk (and Republican Party nominee for District Clerk)
  • Rebecca Littrell, Senior Administrator
  • Sherry Bell, Civil/Family Manager
  • Amy Mathis, Deputy District Clerk
  • Lorrie Robertson, Civil/Family Supervisor
  • Marcia Simpson, Deputy Minutes Clerk
  • Judy Blazier, Criminal Supervisor

Davidson charges that at least 29 employees (out of 63 in the District Clerk's Office) received "Blue Book" time off during the Crigger Campaign. In the 24 page Affidavit, Davidson lists several examples of employees being reported as present, but not having logged into their computers and of having 'out-of-office' messages on their phones.

The Ranger's raid on the court house resulted in 68 items being seized, including computer hard drives, removable storage drives, calendars, binders, and 2 employee Access Cards.

The charges as laid out by the Texas Rangers show a District Clerk's office that encouraged and pressured employees to use their legitimately earned leave to campaign for Ms. Crigger, and then re-paid them with illegal "Blue Book" time. It describes an operation where the "Blue Books" effectively corrupted a large percentage of the employees, encouraging them to lie, steal and cheat the County's taxpayers.

The affidavit details an environment where a County Department became, in effect, a campaign office for Patricia Crigger, and where effective controls by independent auditors and management were non-existent.

In the weeks and month ahead, much will be written and talked about on how a Collin County operation could, for decades, flaunt County policies and steal payroll time. But first, Law Enforcement will have to step in where the lack of effective controls and personal integrity failed the citizens of our county.

Bill

Links to relevant documents:

Affidavit for Search Warrant, signed by Texas Ranger Sergeant A.P. Davidson, June 1, 2010

Exhibits attached to Affidavit (Warning, large file!)

Search Warrant for the Collin County District Clerk's Office, signed by Judge Michael E. Keasler of the Texas Court of Criminal Appeals, dated June 1, 2010

Return and Inventory of items seized during the search, signed by Texas Ranger A.P. Davidson and dated June 3, 2010

Permalink 09:33:13 am, by bill Email , 109 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment, Ethics

DPS Statement on Courthouse raid

Here is the statement from DPS in Austin on yesterday's search warrant and raid of the District Clerk's office:

“Pursuant to an ongoing investigation into allegations of improper use of Collin County resources and personnel in furtherance of a political campaign, the Texas Rangers executed a search warrant at the offices of the Collin County District Clerk in McKinney this afternoon. The search warrant was executed to search for evidence which would support the allegations. If the allegations were found to be true, charges of Abuse of Official Capacity and/or Tampering with a Government Record could be filed in the future. Currently, no arrest have been made.”

Bill

Permalink 01:05:13 am, by bill Email , 309 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

Texas Rangers raid Courthouse

At about 2 PM yesterday, my phone and email started buzzing me with news that Texas Rangers and DPS Troopers were serving a search warrant on the District Clerk's office at the Collin County Courthouse.

According to unconfirmed reports, agents closed all the offices of the District Clerk for several hours. I have heard rumors (but I have not been able to get an official confirmation) that several county computers were seized.

WFAA, Channel 8 covered the raid on the evening news, but they only reported that there was a raid and that, "the investigation is focusing on some employees of the district clerk's office, but no other details were available."

The Observer was told by some courthouse sources that the search warrant was issued in Austin. I do not know if any investigation was initiated by the State Attorney General or by the Collin County District Attorney. There are many rumors as to the reasons for the raid, but as of now, none have been confirmed.

I have been unable to reach the District Clerk, Hannah Kunkle for comment.

The District Clerk's office serves the 9 Collin county District Courts, keeping all court records and filings. The Collin County district clerk's office also operates a passport service.

The District Clerk is an elected position. Ms. Hannah Kunkle has served as the District Clerk for over 20 years, but did not seek re-election this year. Her Chief Deputy Clerk, Patricia Crigger won the Republican Primary in March - since she does not have a Democratic opponent, Ms. Crigger will be the next District Clerk as of January 1, 2011.

While several of the current rumors link the election to the warrant and raid, I have to say that I have not been able to confirm.

As I find out more about the raid and any ongoing investigation, I will update the news on The Observer.

Bill

05/20/10

Permalink 10:19:30 pm, by bill Email , 898 words,   English (US)
Categories: Observer Opinions, Mobility, Good Governance

The NTTA machine and me

Ever since I wrote an article disclosing that tens of thousands of Collin County arrest warrants were the result of the NTTA prosecuting toll dodgers, I have received dozens of letters from citizens who have written of their own stories of bungled accounts, high handed customer service, perfidy and worse at the hands of the North Texas Tollway Authority.

Of course, the NTTA has its side of the story too. They are a huge operation, processing over 40 million toll transactions and collecting more than $33 million in toll revenue every month.

Responding to citizen criticism, the NTTA started an ombudsman program to "ensure consistency and fairness" in the NTTA collection process. I'm about to find out how well it works. I'm trying to be open minded, but the NTTA's website offers scant encouragement. It gives several examples of how the ombudsman helped customers "solve" their complaints - in every single NTTA example, the tollway authority was found to be 100% right, and the customer 100% wrong. Some ombudsman, eh?

I guess I'll find out.

Last week I received an invoice from NTTA. It was on pink paper, and was marked "past due". Now I was surprised to get this invoice as I have a TollTag, and I know it stays funded.

The bill was for 7 transactions totaling $12.12 dating from September of 2009 to April 3 of this year. It included a $2.50 late fee, and a threat that if not paid by May 27 that the late fee would increase to $187.12.

I went to the NTTA's website and did some investigation. While I couldn't research the oldest charges (they were no longer online), I could take a look at the latest. What I found was that while driving on the George Bush tollway, I was charged for non-payment during a trip where the tolltag registered charges both before and after these transactions. In other words, during a single trip, MOST of the toll gantries worked and one didn't.

For example:
On April 1, I passed a plaza at 17:47 (5:47 PM) - and was charged the cash rate and billed $1.86. However 8 minutes later, I passed another plaza and this time the tolltag clicked off $1.35

On April 2, I passed a plaza at 17:21 and the tolltag clicked off $1.24, but at 17:29, the tolltag didn't work, and I was billed another $1.86.

And On April 3, at 18:59 the tolltag worked, clicking off $.52, at 19:04 it clicked off another $1.08, and at 19:09 yet another $.34. Yet I received a bill for a $1.62 charge incurred (according to the NTTA) at 19:04! The supposedly fool proof system charged me twice for the same transaction. Either that, or I somehow managed to go through the Coit Rd. Plaza twice in the same minute.

So, on May 15, using the email tool on my tolltag account site, I wrote to customer service:

Plate # xxx-xxxx. I do not transmit my DL# by email. (You shouldn't ask for it as email is insecure.)

I have a working toll tag, but have received an invoice from you #9xxxxx on your acct #3xxxx.

It lists 7 charges from Sept 09 to Apr 10. I have researched online and can track the 4 of those charges made in 2010 (your system will not let me go back any further).

EVERY one of those charges were made during a trip where the toll tag correctly charged me as I passed the gantries. It seems that on each trip, one of your detectors was not working properly, and so you sent me a bill.

However, you are charging me at the higher ZipCash rate. And you have the temerity to demand a late fee -- all because YOUR system malfunctioned. Please re-bill me, or better yet, debit my account at the correct rate for a Toll Tag user.

You can contact me at this email address, or by phone at 214-xxx-xxxx.

Bill Baumbach

I sent the email 5 days ago. So far I have not received a response from NTTA. Yet the D-Day for the $187.12 penalty is now only 7 days from now.

According to the NTTA website, in March, the NTTA Board approved a new customer service policy:
• Reducing the $25 administrative fee on the violation invoice by 67 percent to $8.33 per transaction if the invoice is paid before the invoice is sent to the collection agency
• Allowing all transactions on the NTTA System to be processed through the ZipCash process, providing motorists another opportunity to pay their tolls without any additional fines
• Creating an ombudsman program to ensure consistency and fairness in the NTTA collection process
• Redesigning invoices to communicate the benefit of prompt payment as well as consequences if the request for payment is ignored
• Streamlining the process used to gather forwarded addresses by communicating directly with the National Change of Address Database.

I have some questions for the new ombudsman --

1. If the new policy says the penalty (administrative fee) is now $8.33 per transaction, why are you threatening me with a $25 fee per transaction?

2. Why are you charging me a $12.12 late fee, when this is the first bill I've seen from you?

3. Why are you charging me the higher cash rate for transactions that should be charged at tolltag rates?

4. Why are you billing me at all? Why not simply debit my tolltag account and send me a receipt?

5. How do you explain how your fool-proof system manages to charge me twice for the same transaction - once through the tolltag, and once as a cash charge?

6. Why do you not respond to your emails?

I anxiously await their reply.

Bill

Permalink 10:33:42 am, by bill Email , 282 words,   English (US)
Categories: Observer Opinions, Politics, Ethics

Reeves guilty

Doug Reeves, who placed 2nd in the March GOP Primary race for Precinct 3 Justice of the Peace pleaded guilty this morning to charges of failure to file a complete and timely campaign finance report - a class C misdemeanor.

Reeves' plea came just a few minutes before he was to face trial in Judge Terry Douglas' JP Precinct 2 court in Farmersville. Reeves was sentenced to a $200 fine with 180 days deferred adjudication.

Mr. Reeves was acting as his own attorney, and had demanded a jury trial. He then subpoenaed several former candidates and elected officials, including Judge Mike Yarbrough as witnesses. After Judge Douglas refused to grant Reeves a continuance, Reeves then filed a motion to quash the complaint. Judge Douglas denied the motion to quash.

Just before the trial was to begin, Reeves accepted Assistant District Attorney Lauren Shapiro's offer of a plea bargain that included the deferred adjudication. For Collin County taxpayers, it was a very expensive Class C misdemeanor trial.

Doug Reeves is a well known Republican Party and Tea Party activist. In 2008 he ran 3rd in the primary race for County Commissioner, behind incumbent Phyllis Cole and the eventual winner, Matt Shaheen. In this year's primary, Reeves placed 2nd, knocking out Kelley Adley. However, Mr. Reeves withdrew from the run-off race after allegations of campaign finance violations, notary public violations and possible fraud in soliciting money for his charity, My Brother's Helper were published in The Collin County Observer.

Mr. Reeves still faces action by the Texas Ethics Commission for late and incomplete filings of campaign finance reports. He also is under investigation by the Texas Secretary of State for illegally notarizing his own signature on a finance report.

Bill

05/13/10

Permalink 11:23:38 pm, by bill Email , 458 words,   English (US)
Categories: News Clippings, Mobility

DMN - Planned Fort Worth-McKinney rail line to seek private partner

Planned Fort Worth-McKinney rail line to seek private partner

Thursday, May 13, 2010
By MICHAEL A. LINDENBERGER / The Dallas Morning News

The Regional Transportation Council took the first step Thursday toward a new model in North Texas for how commuter rail could be financed and built.

The 43-member council voted unanimously to give itself the lead role in finding private firms to partner with local transit agencies to build – and pay for – what could be a 62-mile long Cotton Belt commuter rail line from Fort Worth to McKinney?.

Such a public-private partnership for rail would be the first in Texas, and one of the very few in America.

RTC leaders said Thursday they want to fashion a unique kind of partnership that would involve private companies covering the upfront cost of building the $1 billion rail line and expenses related to maintenance and operations for its first decade or more.

In return, the transit agencies in Dallas and Fort Worth would probably need to agree to make annual payments to the firms large enough to cover the companies' debt service and expenses – plus a profit.

To do so, the RTC will probably need creative ways to find that revenue – which could be $100 million a year or more – because the transit agencies will not have any sales tax revenue to contribute.

Typically, it is sales-tax revenue to which firms look to guarantee their negotiated payments. But the chairman of Dallas Area Rapid Transit has said it will not pledge any of the sales taxes paid by its 13 member cities toward the Cotton Belt.

"We agree that a traditional public-private partnership may not work," RTC spokeswoman Amanda Wilson said. "We have been in that position for over a year. That is why we are not pursuing a traditional model, but an initiative on innovative finance."

One idea floated by transportation director Michael Morris has been to try to lure a plant to North Texas to manufacture a new kind of rail car under design by DART.

The eastern half of the Cotton Belt has long been on DART's wish list of projects, but the agency didn't expect to have any money to spend on it until 2028, and more recent financial problems probably mean it would be years beyond that.

In addition, the Fort Worth transit agency, The T, is developing a plan to build the western half of the line by 2013 using traditional tax dollars. But that plan is wholly dependent upon uncertain approval of a major federal grant that would pay for it.

Any deal negotiated by RTC will have to be approved by the transit agencies' boards of directors, and would not transfer ownership of the rail lines to a private firm.


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

05/09/10

Permalink 03:49:55 am, by bill Email , 1746 words,   English (US)
Categories: Observer Opinions, Elections

May, 2010 Local Election Results (Updated)

Only 4.2% of voters countywide turned out for the local city, school board and Collin College Trustee election held yesterday.

State Representative, District 66
Mabrie Jackson 1,353 (56.33%)
Van Taylor 1,049 (43.67%)
This election is meaningless. Mabrie Jackson has withdrawn from the race for the unexpired term of Brian McCall, and Van Taylor has already been sworn in. Interestingly though, Plano voters in a general election chose Mabrie (even though she had disqualified herself), while a much larger number of Republican Primary voters chose Taylor in the primary run-off.

Trustee, Place 1 - Collin College Board of Trustees
Nancy Wurzman 5,439 (53.64%)
David Hammel 4,701 (46.36%)
Plano attorney Nancy Wurzman upset incumbant trustee on Collin College Board. I can't remember the last time, if there ever was a last time that an incumbant on the college board of trustees was defeated.

Trustee, Place 3 - Collin College Board of Trustees
Larry Wainwright 5,911 (63.92%)
Earnest R. Burke 3,337 (36.08%)
This was an open seat.

City of Allen - City Councilmember, Place 4
Ron Alexander 291 (30.28%)
Robin L. Sedlacek 670 (69.72%)
Both incumbent council members handily win re-election.

City of Allen - City Councilmember, Place 6
Kevin Livesey 236 (26.37%)
Jeff McGregor 659 (73.63%)

Allen ISD - Trustee, Place 5
Paul Sundar-Singh 237 (26.19%)
Gary Stocker 668 (73.81%)

Anna ISD - Trustee, Place 3
Brent Hendricks 140 (62.22%)
Becky Woodard 85 (37.78%)

City of Anna - City Council, Place 6
Joe Osborn 63 (42.00%)
Becky Glover 87 (58.00%)

City of Celina - Councilman, Place 5
Brooke Kincannon 45 (32.37%)
Bill Webber 94 (67.63%)

City of Celina - Proposition 1
$2,475,000 for Fire Safety Facilities bonds
For 112 (61.54%)
Against 70 (38.46%)

City of Celina - Proposition 2
$685,000 for Public Safety Information Technology and Communications Equipment bonds.
For 105 (58.33%)
Against 75 (41.67%)

City of Celina - Proposition 3
$3,100,000 for Drainage Improvement bonds.
For 117 (64.29%)
Against 65 (35.71%)

City of Celina - Proposition 4
$2,000,000 for Street Improvement bonds.
For 126 (69.23%)
Against (en Contra) 56 (30.77)%

City of Celina - Proposition 5
$1,375,000 for Parks and Recreation Facilities bonds.
For 98 (53.26%)
Against 86 (46.74%)

City of Celina - Proposition 6
$1,375,000 for Parks and Recreation Facilities bonds.
For 107 (59.78%)
Against 72 (40.22%)

City of Frisco - City Council, Place 2
Matthew Herrera 345 (10.58%)
Tony Walsh 456 (13.99%)
Jeff Cheney 2,459 (75.43%)
Incumbent Chaney easily wins re-election.

City of Frisco - City Council, Place 2
John Keating 1,307 (39.06%)
David L. Prince 710 (21.22%)
Jim Joyner 1,329 (39.72%)
In a stunning upset, incumbent David Prince gets only 20% of the vote, setting up a run-off between Jim Joiner and John Keating

City of Frisco - Proposition 1
Shall the City Charter be amended throughout to correct non-substantive errors...
YES 2,935 (91.23%)
NO 282 (8.77%)
It is gratifying to see that less than 10% of Frisco voters do not want to correct spelling errors in their charter.

City of Frisco - Proposition 2
Shall the Charter be amended to conform to the provisions and/or requirements of state and/or federal law?
YES 2,853 (90.14%)
NO 312 (9.86%)

City of Frisco - Proposition 3
Shall the Charter be amended to provide for clarification on the election of the places held by Council Members and Mayor; (Term Limits)
YES 2,215 (69.37%)
NO 978 (30.63%)

City of Frisco - Proposition 4
Shall the Charter be amended to provide that the City Manager rather than the City Council shall appoint or remove the City Secretary?
YES 1,772 (56.78%)
NO 1,349 (43.22%)

City of Frisco - Proposition 5
Shall the Charter be amended to provide that the City Council may, in its sole discretion, determine to hold only one (1) regular monthly meeting two (2) months out of the calendar year?
YES 2,135 (68.69%)
NO 973 (31.31%)

City of Frisco - Proposition 6
Shall the Charter be amended to clarify that if a certain percentage of affirmative votes to pass a measure to be approved by City Council is required, the number of affirmative votes must be measured against the entire qualified City Council, not just the number present and voting?
YES 2,729 (87.75%)
NO 381 (12.25%)

City of Frisco - Proposition 7
Shall the Charter be amended to require that the Personnel rules prepared by the City Manager and presented to the City Council for adoption shall include a procedure for the giving and receiving of gifts by City employees?
YES 2,734 (87.07%)
NO 406 (12.93%)

City of Frisco - Proposition 8
Shall the Charter be amended to provide that the candidates for elective City office shall be at least eighteen (18) years of age at the time of the election for which they are filing; and the required residency minimum for elective office be clarified to be for at least one (1) year immediately preceding the filing date?
YES 2,950 (93.03%)
NO 221 (6.97%)

City of Frisco - Proposition 9
Shall the Charter be amended to clarify petition signature requirements by qualified voters, designating the percentage of required signatures be at least thirty (30) percent of the number of votes cast at the last regular mayoral election (Recall petitions)
YES 2,483 (81.60%)
NO 560 (18.40%)

City of Frisco - Proposition 10
Shall the Charter be amended to clarify the establishment, qualifications and structure of the Planning and Zoning Commission?
YES 2,535 (85.21%)
NO 440 (14.79%)

City of Frisco - Proposition 11
Shall Section 9.06 (Sale of Liquor Prohibited in Residential District) be added to the Charter to provide that the sale of liquor by a person holding a package store permit, as described by the Texas Alcoholic Beverage Code, is prohibited in any zoning district which allows, in whole or in part, residential development?
YES 2,177 (69.29%)
NO 965 (30.71%)

City of Frisco - Proposition 12
Shall Section 13.04 (Officers and Employees) be deleted from the Charter to remove an unnecessary transitional provision from the original adoption of the Charter which pertained to officers and employees who existed at the time of the original adoption of the Charter?
YES 2,524 (86.68%)
NO 388 (13.32%)

City of Frisco - Proposition 13
Shall the Charter be amended to clarify that City employees are prohibited from contributing to, making, soliciting or receiving contributions for and participating in any campaign activities of a Council Member or Mayoral candidate rather than any other candidate for office?
YES 2,559 (83.68%)
NO 499 (16.32%)

City of Frisco - Proposition 14
Shall the Charter be amended to provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts by City Officials?
YES 2,657 (86.94%)
NO 399 (13.06%)

Lovejoy ISD - Trustee, Position 2 2
Steve Duke 279 (23.64%)
Ann Casey 901 (76.36%)

Lovejoy ISD - Trustee, Position 3
Mike Guilbeau 914 76.81%
Larry Essary 217 18.24%
Daris A. Nevil 59 4.96%

City of Lowery Crossing - 3 City Councilmembers
Dan Arney 34 (13.33%)
Willard Bailey 45 (17.65%)
Rusty Robinson 40 (15.69%)
Elizabeth Christian 42 (16.47%)
Jeremy Sexton 34 (13.33%)
Paul Wood 60 (23.53%)

City of McKinney - Proposition 1
$12.5 million general obligation bonds for park and recreational facilities
For 1761 (71.94%)
Against 687 (28.06%)

City of McKinney - Proposition 2
$11.35 million general obligation bonds for public safety facilities
For 1817 (75.39%)
Against 593 (24.61%)

City of McKinney - Proposition 3
$15.5 million general obligation bonds for acquiring, constructing and improving streets and associated drainage improvements
For 1951 (80.32%)
Against 478 (19.68%)

City of McKinney - Proposition 4
$5 million general obligation bonds for public works facilities
For 1740 (72.74%)
Against 652 (27.26%)

City of McKinney - Proposition 5
$4 million general obligation bonds for construction and improvement to flood control facilities
For 1729 (72.92%)
Against 642 (27.08%)

City of McKinney - Proposition 6
$3 million general obligation bonds for connectivity and improvements of municipal parking facilities in the Historic Downtown area.
For 1604 (66.45%)
Against 810 (33.55%)

McKinney ISD - Board of Trustees, Place 3
Kathi Livezey 297 (82.73%)
Victor Manuel 62 (17.27%)
This is Mr. Manuel's 2nd run for the Board of Trustees. He's been trounced badly both times.

McKinney ISD - Board of Trustees, Place 3
Curtis R. Rippee 921 (45.10%)
Cindy Evans 729 (35.70%)
Bobby Amick 392 (19.20%)

City of Melissa - City Councilmember, Place 1
Shannon Andre Mott 159 (40.66%)
Kim Youngblood 232 (59.34%)
Melissa had over a 17% voter turnout - over 4 times the county average.

City of Melissa - City Councilmember, Place 5
Dan Trott 188 (47.84%)
Brent Brown 144 (36.64%)
Micki Jobson 61 (15.52%)

City of Murphy - City Councilmember, Place 6
Dave Brandon 246 (53.83%)
Gus Delaloye 211 (46.17%)

Plano ISD - Board of Trustees, Place 1
Bart Ridley 1,,926 (36.32%)
Tammy Richards 2,929 (55.23%)
Robert Canright 448 (8.45%)
This seat is currently held by Duncan Webb, who was elected to the County Commissioners court.

Plano ISD - Board of Trustees, Place 2
Raj Menon 1,953 (35.94%)
Paul P. Kaminsky 1,181 (21.73%)
Carrolyn Moebius 2,300 (42.33%)
Incumbent Mary Beth King chose not to seek re-election.

Plano ISD - Board of Trustees, Place 3
Bret Cullers 2,292 (41.54%)
Nancy Humphrey 3,225 (58.46%)
John Muns did not to seek re-election. He ran unsuccessfully against County Judge Keith Self in the March GOP primary.

Princeton ISD - Board of Trustees (2)
Brent Williams 108 (27.20%)
Ricky Gillespie 154 (38.79%)
Carol Bodwell 135 (34.01%)

Prosper ISD - Board of Trustees, Place 1
Mark McGuire 472 (57.42%)
Steven Benavides 350 (42.58%)

Town of Prosper - Mayor
Ray Smith 602 (79.63%)
John Washburn 154 (20.37%)

Town of Prosper - Councilmember, Place 1
Dave Benefield 406 (58.08%)
Woody Adams 293 (41.92%)

Town of Prosper - Councilmember, Place 4
Meigs Miller 598 (81.69%)
Athena Bivens 134 (18.31%)

Town of Prosper - Councilmember, Place 6
Jason Dixon 465 (65.13%)
Trent Lewis 249 (34.87%)

Wylie ISD - Board of Trustees, Place 5
Lacey LaPointe 114 (14.06%)
Heather Leggett 567 (69.91%)
Art Borgemenke 130 (16.03%)
After voters turned down the greater part of 3 bond issues in a row, two members of the school board chose not to seek re-election. Nevertheless, Wylie voters stayed home. Turnout was only 3.3% - less than the county average.

Wylie ISD - Board of Trustees, Place 6
Joe Stooksberry 564 (68.03%)
Tanisha M. Owens 265 (31.97%)

Wylie ISD - Board of Trustees, Place 7
Stacie Gooch 613 (76.91%)
Curt Marcantel 184 (23.09%)

City of Wylie - City Councilmember, Place 1
Gilbert Tamez, Sr. 263 (42.97%)
David Goss 349 (57.03%)
This was Tamez's second run at city council. Incumbent Davis Goss easily wins re-election.

Bill

UPDATE May 9

Below are some election results for cities and districts who conducted their own elections or whose elections were run by Dallas County. These results are not posted by the Collin County elections department because the county does not contract to conduct the election. I will continue to add to this list as I get final results.

Blue Ridge, Mayor
Phillip Pulliam 83% 81
Jim Bowling 17% 17

Blue Ridge, City Council, 2 positions
Wendy Shindler 28% 45
Bryan Burke 27% 43

Bill Pope 25% 39
Kenneth Beale 20% 32

Blue Ridge ISD, Bond proposition
For 71% 219
Against 29% 88

Blue Ridge ISD, Trustee, Place 7
Joe Harvey 59% 164
Kim Yancey 36% 100
Keiffer Harwell, Jr. 5% 13

Community ISD, Trustee, Place 4
Michael Walls 84% 117
Doug Farrish 16% 22

Community ISD, Trustee, Place 5
Tammy Walker 64% 114
Marc Stanfield 36% 64

City of Farmersville, Mayor
Joe Helmberger 70% 309
Diane Piwko 30% 132

City of Farmersville, City Council, Place 2
Paul Kelly 64% 265
Lee Warren 36% 147

City of Farmersville, City Council, Place 4
Jim Foy 66% 287
Kevin Green 34% 145

Farmersville ISD, 2 Trustees
Tommy Monk 25% 266
Jim Hemby 24% 259

Pete Vamvakas III 16% 165
Curtis Stanley II 15% 155
Darren Brooks 11% 112
Stanley Phifer 9% 92

Town of Josephine, Mayor
Mike Holmes 64% 122
Drew Binkley 36% 68

Town of Josephine, Alderman, Place 3
Lynn Gilbreath 51% 96
Doug Ewing 17% 32
Amanda Binkley 17% 31
Lee Roy Phillips 15% 28

Town of Josephine, Alderman, Place 5
Larry Aaron 50% 89
Bill Miller 20% 35
Billy Petty 18% 31
William Crosetti 12% 21

City of Lavon, City Council, Place 1
Chris Kane 70% 71
David Hawkins 30% 30

City of Lavon, City Council, Place 5
Charles Teske, Jr. 82% 80
John Horton 18% 18

City of Lucas, City Council, Seat 4
Philip Lawrence 49% 566
Wayne Millsap 48% 545
Sean McCaffity 3% 29
In a very close race, incumbent Wayne Millsap is forced into second place in a run-off by Philip Lawrence. The voters also re-elected two incumbents but defeated two tax propositions.

City of Lucas, City Council, Seat 5
Debbie Fisher 56% 651
Bryan Bellows 44% 514

City of Lucas, City Council, Seat 6
Kathleen Peele 56% 650
Scott Christiansen 44% 511

City of Lucas, Proposition 1
Business Enterprises Tax
For 41% 451
Against 59% 656

City of Lucas, Proposition 2
Projects and Tourism Tax
For 47% 477
Against 53% 547

City of Nevada, Mayor
Joe Poovey 62% 32
Johnny Stevenson 38% 20

Richardson ISD, Trustee, Place 3
Kris Oliver 70% 3,778
William Gordon 12% 629
Darryl Smyers 11% 572
Elaine Johnson 7% 360

Richardson ISD, Trustee, Place 4
Lanet Greenshaw 82% 4,108
Jennifer Hague 18% 928

Richardson ISD, Trustee, Place 5
Karen Holburn 89% 4,738
Raj Chari 11% 611

City of Richardson, Proposition 1
$24,710,000 Street Improvement bonds
For 64% 4,486
Against 36% 2,503

City of Richardson, Proposition 2
$22,645,000 Park and Recreation Facilities bonds
For 57% 4,010
Against 43% 2,987

City of Richardson, Proposition 3
$10,495,000 Municipal public buildings bonds
For 56% 3,910
Against 44% 3,075

City of Richardson, Proposition 4
$8,150,000 Neighborhood vitality improvement bonds
For 58% 4,053
Against 42% 2,949

Royce City, City Council, Place 4
Brooks Williams 63% 167
Jim McLeroy 37% 100

City of Sachse, City Council, Place 5
Patsy McMillan 52% 180
Pat Covington 48% 168

Bill

The Collin County Observer

You can observe a lot by just watching.
Yogi Berra

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 may register, or you may post anonymously. Comments will be reviewed before being placed online.

Comments that I consider inappropriate will be deleted, and the commentator warned. All I ask is that discussions remain civil and courteous. The standard for comments here is "common courtesy".

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Bill Baumbach

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