Smith County Commissioners Court

Weekly Update

January 21, 2025 – Commissioners Court

by | Jan 22, 2025 | Weekly Update

Commissioners Court Notes

Please note: All agenda items are considered PASSED unless indicated otherwise.

OPEN SESSION: 
 
PRESENTATIONS
 
1. Receive the Distinguished Budget presentation award from the Government Finance Officers Association.
 
2. Receive delinquent tax collection report and presentation from the Linebarger Law Firm.
 
Note: Linebarger PowerPoint Presentation is a separate link included in this meeting posting.
 
Comment:
The Linebarger Firm collects the delinquent taxes for Smith County. They are the second largest e-file Texas filer, just after the Texas Attorney General’s office and the largest civil case filer in Smith County. Their collection fee is 15% and it is built into the collection. 
 
Current collections for this tax year are running at slightly higher collection rates to date as last year this time. Linebarger reports that the local and state economies are running steady, bankruptcy filings are on the rise, oil & gas prices are steady, and they expect to see growth. 

Reporting Period is 7/1/23 to 6/30/24

  • Mailed 112,282 letters for delinquent taxes
  • Collections from Lawsuits: $270,394.86
  • Collections from Tax Warrants: $1,353.37
  • Collections from Dismissed Lawsuit because of payment: $199,586.17
  • Collections from Courtroom judgments: $275,028.32
  • Foreclosures from judgments: 199 accounts
  • Collections from Released Judgments: $1,779.43
  • Pending Collections w/filed suits: $197,159.22

 
Post Judgment Collections:
Posted 85 tracts of property for tax sale = $1,816,547.73
Sales are always the 1st Tuesday of the month
Find the property tax sales at: Taxsales.lgbs.com
 
Total Tax Collection for Reporting Period: $87, 898,157.91
Current Collection Rate is 99% (other counties budget at 97%).
 
One of the comments made during the presentation was: “All properties have a tax lien as of January 1.” This is the unfortunate truth in the state of Texas. You do not ever “own” your home.  The current property tax system does not provide any incentive for reducing government spending to relieve the burden on the taxpayer.  
 
Did you know that Texas is the 6th highest state in property taxes? Your county property taxes for Smith County provides the lion’s share of the revenue for our county. Estimated current and delinquent property taxes represents approximately 60% of all revenue.

  • Adopted FY 2025 Budget Revenue from Property Tax is estimated at just under $98 Million 
  • Adopted FY 2025 Budget Revenue from Sales Tax is estimated at $28 Million 
  • Adopted FY 2025 Budget Total Revenue estimated at $148 Million 
  • Adopted FY 2025 Budget Spending estimated at $128 Million

Did you catch it? Incoming revenue is estimated at $148 Million but the expenses are estimated at $128 Million. That’s a $20,000,000 difference. 

PDF of Powerpoint presentation

Time Lapse Video of the Courthouse Construction Project (2 minutes).

3. Receive presentation and update regarding the Smith County Courthouse and Parking Garage Construction project.
 
Fitzpatrick Architects & Hoar Construction gave a comprehensive presentation over the Courthouse and Parking Garage project.  I linked the PowerPoint separately in the documents provided for the meeting update and the clip of the presentation is linked as well. 
 
Notes: I would recommend watching the presentation to get the most information. I have clipped the presentation from the Commissioners Court video and created a separate link in this week’s attachments.
 
Comments: Fitzpatrick Architects manages the budget. Hoar Construction manages the project. The Smith County representatives overseeing the project are:

  • County Judge Neal Franklin
  • Purchasing Director Jaye Latch
  • County Engineer Frank Davis

I understand that it is not convenient to the working class to join the Commissioners Court proceedings in the morning on a Tuesday.  I do think there is great value in holding an evening meeting to give a Courthouse Project update to the public. This is something I will be working on for you in the weeks and months to come. 

PDF of Powerpoint presentation

COURT ORDERS

COMMISSIONERS COURT

4. Consider and take necessary action to adopt a resolution supporting the efforts of the Tyler Area Chamber ofCommerce Veterans Committee to have the State of Texas name a portion of U.S. Highway 69 as Veterans Memorial Highway.

Comments: We passed a resolution in support of this name change. This is an effort by Tyler Area Chamber of Commerce Veterans Committee with the support of Camp V and the East Texas Council of Governments to designate the south portion of Broadway from the Loop to Bullard as the VETERANS MEMORIAL HIGHWAY.  The Tyler Metropolitan Statistical Area (MSA) is expected to receive the distinction of becoming the first Veteran-Friendly City Designation in the State of Texas by the East Texas Council of Governments. Look for that in mid-February.

5. Consider and take necessary action to approve a reconciliation change order and authorize the final payment and acceptance of the Parking Garage (Phase 1 of voter approved Courthouse Bond package) and authorizethe county judge to sign all related documentation.

Comments: This was a change order to return the amount of $235,284 to the budget.  Hoar Construction came in under budget on the overall project. The parking garage project original contract sum was $14,057,271. The final cost was $13,821,987.

6. Consider and take necessary action to reappoint representatives to the Andrews Center Board of Directors Position #8 for a two-year term ending October 31, 2026, and authorize the county judge to sign all related documentation.

Comments: Re-appointed Board Member John Shoemaker for Position #8 on the Andrews Center Board of Trustees. The term of the office is 10/31/24 through 10/26/26.

7. Consider and take necessary action to establish the Smith County Historical Commission and appoint commissioners pursuant to Chapter 318 of the Texas Government Code and authorize the county judge to sign all necessary documentation.

Comments: The Smith County Commissioners Court established a Smith County Historical Commission to help preserve the county’s historic and cultural resources. The local commission will initiate and conduct programs, at the direction of the Commissioners Court, and in consultation with the Texas Historical Commission. The Commissioners Court is required to appoint at least 7 county residents to serve on the commission. These appointees must have an interest in historic preservation and an understanding of local history and resources.
Judge Franklin recommended three county residents to serve on the commission.
Conor Herterich, of Tyler, who serves as Northeast Texas Program Officer and Endangered Properties Manager for Preservation Texas;
Mark Thacker, preservation architect from Lindale; and
Todd McMakin, a longtime professional archeologist from Tyler.

Each commissioner was asked to recommend an appointee to represent their precinct of the county.

*I recommended Charles Turner, a retired Tyler ISD teacher and Texas historian from Bullard.

*Precinct 2 Commissioner John Moore selected Zach Sabota, who recently completed serving eight years on the City of Tyler Historic Preservation Board, where he served as board chair for seven years. He has also served on the Historic Tyler Board and the Smith County Historical Society Board in the past.

*Precinct 3 Commissioner J Scott Herod nominated Jud Bailiff, a history buff from Lindale whose paternal ancestors arrived in Smith County by covered wagons in 1869.

*Precinct 4 Commissioner Ralph Caraway Sr. recommended Larry Wade, a historian from Tyler and recent past present of the Smith County Historical Society.

All seven residents were appointed on Tuesday, January 21, 2025, to the newly created commission. Smith County has not budgeted any funding for the commission and potential projects would have to come before the Commissioners Court for approval.

8. Consider and take necessary action to approve a professional services consulting agreement with Petty & Associates, Inc. for economic development consulting for Smith County, and authorize the county judge to sign all necessary documentation.

Comments: This agreement will allow Smith County to engage with Petty & Associates, Inc. for assistance with Economic Development programs within Smith County, outside of the traditional Tax Abatement Structure. Petty & Associates, Inc. currently works with the City of Tyler, and Tyler Economic Development Council.

Engaging this firm with help Smith County further mutual economic development goals among the partner entities, and to establish economic development programs specifically tailored to Smith County.

This is an as needed agreement, and rates are based on an hourly rate described below plus expenses. Statutorily the costs for this agreement shall not exceed and is not anticipated to exceed $50,000.

Staff Rate
Principal (Mr. Petty) $350
Project Manager $250
Sr. Associate $200
Associate $150
Support Staff $100

9. Consider and take necessary action to approve a Professional Services Agreement with FMD Architects,Inc. dba Shelter Partners of America for a Smith County Animal Shelter needs assessment study, with a maximum price not to exceed $16,000, and authorize the county judge to sign all necessary documentation.

Comments: This agreement will allow Smith County to engage in a professional services agreement with FMD Architects, Inc. (Shelter Partners of America). Development of the Needs Assessment Study is the first step to prepare for our future project and evaluates the existing facility and operations, thus establishing a benchmark of current conditions and providing direction for the future. The lump sum charged for the Needs Assessment Study is $13,000 plus travel reimbursements, with the maximum cost set at $16,000.  Mrs. Amber Greene, Animal Control and Shelter Supervisor, is in support of the study. Shelter Partners of America has conducted over 750 studies for a variety of shelters. They have over 30 years of experience. This study is designed to provide us with the answers and facts we will need when considering the Smith County Animal Control future facility. We should have the study back to us in about 3 months.

10. Receive the 2024 Racial Profiling Report and Exemption in accordance with Texas Code of CriminalProcedure, Chapter 2B for the following Smith County Law Enforcement Agencies:

a. Smith County Constable Precinct 4,
b. Smith County Constable Precinct 5; and
c. Smith County Criminal District Attorney’s Office

Comments: I asked Constable Precinct 4, Josh Joplin, to give us an explanation of his area report. His area is mostly rural, but he has more stops on State Highways. He spoke to which highways were more likely to have stops and went into a little more detail regarding his specific area data. He explained that this report is required yearly and is due in March.  We will see the remaining county law enforcement agency’s reports on future agendas. Constable Hicks from Precinct 5 submitted his report for this agenda, and it can be found in the packet.  He was unable to attend the court’s meeting. District Attorney Putman submitted an exemption for the racial profiling report.

11. Consider and take necessary action to approve an agreement between Smith County and CSC Holdings, LLC on behalf of Cequel Communications, LLC DBA Optimum/Optimum Business, and authorize the County Judge to sign all related documentation.
 
Comments: This agreement provides for the move of Suddenlink Fiber in the Annex (200 E. Ferguson) and relocate that Fiber to the new Data Center located on the 2nd floor. This is a one-time cost and can only be completed by Suddenlink technicians since it is their fiber. This is a Discretionary Purchasing Exemption pursuant to Texas Local Government Code, 262.024(a)(7)(C&D) (Sole Source/Component Parts). The cost is $3,832.72.

COUNTY CLERK

12. Consider and take necessary action to approve the (1) one-year renewal option with GOVOS, formerly Kofile for RFP-11-20 Land and Vital Records Management System and authorize the county judge to sign all related documentation.

Comments: Kofile provides the county with records management and imaging system for our land and vital records.  The previous court originally awarded this item on 6/30/2020. The terms of the agreement are for 5 years with 3 – 1 year renewals. This will be the first renewal and will expire on June 30, 2026. The price did not increase, and the cost is $172,041 per year.

RECURRING BUSINESS

COUNTY CLERK

13. Accept Commissioners Court minutes for December 2024.

14. Receive Commissioners Court recordings for December 2024.

Note: Accepted & received both items.

ROAD AND BRIDGE
 
15. Consider and take necessary action to authorize the county judge to sign the:
 
a. Final Plat for the Smith Addition, Precinct 1, b. Final Plat for the Webb Addition, Precinct 4, c. Final Plat for Gavins Ridge, Precinct 3,
d. Final Plat for the V. Walker Addition, Precinct 4; and
e. Re-Plat for the Oak Hills Addition, lots 17A, 17B and 17C, Precinct 3.
 
16. Receive pipe and/or utility line installation request (notice only):
 
a. County Road 24, CenterPoint Energy, install gas line, Precinct 3,
b. County Road 2171, 1302, 2173, 2174, 2283, 2217, Frontier Communications, road bore to install aerial and underground fiber optic cable with pedestals and vaults, Precinct 2,
c. County Road 2173, 2328, 2323, 2195, 2294, 129, 1293, Frontier Communications, road bore to install aerial and underground fiber optic cable with pedestals and vaults, Precinct 2,
d. County Road 4135, Carroll Water Supply, install 4” of water line, Precinct 4; and

e. County Road 383, Texas Land Company LLC, install water line, Precinct 3.
 
Comments:
A “notice only” item does not require a vote.

AUDITOR’S OFFICE
 
17. Accept monthly Auditor/Treasurer report and Executive Summary for December 2024.
 
18. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.
 
Comments: The County Auditor’s Monthly Unaudited Financial Report & Executive Summary was 92 pages. I have it linked as a separate document included in the information provided pertaining to this week’s meeting. 
 
The Revenue and Expense Statement covers from the start of our Fiscal Year, October 1, 2024 through December 31, 2024. It’s just a review of where we are on expenditures in this budget year, how much estimated revenue had come in and what we might need to keep an eye on. 
 
The county’s Fiscal Year 2025 (FY25) ends on September 30, 2025. You will see some line items with 100% completion.  That’s not unusual when you consider items such as yearly contracts that are paid up front and in total. You will notice the Revenue source as being labeled as various Taxes, Interest, State Revenue, Federal Revenue, Fees, etc. There are many sources of revenue, but your property taxes account for about 60% of the funding for the business of the county.  There is plenty to review in this style of reporting.  We have collected 18.82% of the estimated Property Taxes and 8.71% of the estimated Sales Tax. In the top 5 revenue categories for the General Fund, we have collected $16, 209, 850. Mrs. Ann Wilson, Auditor for the county, recommended that we keep an eye on the Insurance Fund. We have a lot of medical claims. We have over 900 employees that work for Smith County. There are some efforts to offer ways to improve the health of our Smith County employees, but I will need to have more time to investigate if we are seeing results.  I could drill down into the numbers and quite possibly bore you to death.  As I host more town halls and participate in public events, I think your concerns and feedback will help me gage what information interests you when we are provided this level of insight to the county finances. If you have any questions about the report, I will be glad to discuss it with you. 

PDF of Auditor’s Monthly Financial Report & Executive summary

ADJOURN