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

OPEN SESSION:

PRESENTATION

1. Receive presentation from Local Mason, Joe Barron and take necessary action to accept the cornerstone donation for the new courthouse.

Comments: 

Joe Barron, a local Mason, donated a cornerstone for the new Smith County courthouse. It will be installed at a later date.

COURT ORDERS

COMMISSIONERS COURT 

2. Consider and take necessary action to Amend the Beneficiary Agreement between Smith County and the University of Texas Health Science Center at Tyler for the Distribution of ARPA Funds, and authorize the county judge to sign all related documentation.

We approved an amendment to the previously approved agreement with the University of Texas Health Science Center at Tyler, signed on September 24, 2024. The previous Commissioners Court allocated $4,000,000 in American Rescue Plan Act (ARPA) funds—federal COVID-19 relief money, to expand mental health services at UT Health North Campus (Hwy 271 facility). Initially, they planned to use another facility for law enforcement to bring people for mental health care instead of jail, but it lacked emergency treatment capabilities like blood draws. Instead, the Behavioral Health Center will now focus on outpatient care, while the North Campus, with its existing emergency room, will provide crisis beds for UT Health patients and Smith County residents. This restores vital mental health services our community has lacked, addressing increased demand since the pandemic, at no cost to local taxpayers.  

3. Consider and take necessary action to approve the following SRL Clinic Attorney Agreement with Kurt Noell in the amount of $16,200, for the 12-month term of the contract, and authorize the county judge to sign all related documentation.

Comments:

Our Commissioners Court considered a $16,200, 12-month contract with attorney Kurt Noell to run the Self-Represented Litigant (SRL) Clinic, which helps people represent themselves in court, mainly for divorce cases. After District Clerk Penny Clarkston raised concerns about Mr. Noell’s past performance, we paused approval to review the issues and ensure the contract protects taxpayers and serves our community well.

Why We Need Changes

As I conducted my inquiries, the conversations showed that the contract needs stronger rules to ensure taxpayer money is used wisely and the clinic provides quality service. Below are some proposed changes to make the contract fair and transparent:

• Detailed Reports: Require quarterly and yearly reports on clinic sessions, attendance, and spending, with receipts to show how money is used.
• No Extra Fees: Ban unapproved requests for additional payments to keep costs in check.
• Use Free Venues: Prioritize free locations (like county buildings) for clinic sessions to save money.
• Attendee Feedback: Collect anonymous online surveys from participants to rate the instructor’s teaching and attitude.
• Professional Conduct: Set rules for respectful behavior, with complaints triggering reviews or contract cancellation.
• Clear Budget: Require a budget showing how the $16,200 is spent, with regular checks to ensure accountability.

These proposed amendments have been shared with the relevant parties to this agenda item, in accordance with the Texas Open Meetings Act, which restricts communication to no more than one other Commissioners Court member. While I hope these suggestions will contribute to a constructive dialogue about improving the contract’s accountability and effectiveness, it is uncertain whether they will be well-received or discussed at the Commissioners Court meeting on October 28th.

4. Consider and take necessary action to approve the FY25-26 public service interlocal agreements between Smith County and the Northeast Texas Public Health District and authorize the county judge to sign all related documentation.

Comments:

We approved a $200,000 funding agreement for the Northeast Texas Public Health District (NETPHD) for 2025-2026, matched by the City of Tyler’s $200,000.

This agreement ensures NETPHD can operate, delivering critical services like vaccinations, food inspections, and emergency preparedness.

Taxpayer Benefits That Matter:

• Prevents costly health crises with early detection and free/low-cost programs.
• Splits costs with Tyler for efficient use of funds.
• Supports a healthier community, boosting the economy.

We want NETPHD to run smoothly, protecting residents while maximizing taxpayer dollars. 

5. Consider and take necessary action to accept donations in the amount of $500.00 and $1,000.00 to the animal shelter for animals seized, pursuant to Texas Health and Safety Code, Chapter 821.

Comments:

We are incredibly grateful for these generous donations, totaling $1500, from Barbara McClung and Puppy Mill Awareness Day TX.  This immediate response to the news reflects the beautiful heart of our community.

6. Consider and take necessary action to approve the purchase of furniture for the new Facilities Service Center through TIPS Cooperative Purchasing Program Contract # 230301 utilizing American Rescue Plan Act Funds in the amount of $50,255.48, and authorize the county judge to sign all related documentation.

Comments:

Ed Nichols, our Facilities Services Director, is overseeing the Gulf States Facility remodel, which is nearly complete. To furnish the new office, we’re using $50,255.48 in leftover ARPA funds originally allocated for the now-completed Road and Bridge Facility. Our grant management experts, Grantworks, confirmed these funds can be used for this purpose.

7. Consider and take necessary action to approve a Smith County Indigent Defense Agreement for appeals with Amy Blaylock, in the amount of $120,000, for the 12-month term of the contract and authorize the county judge to sign all related documentation.

Comments:

We approved the Smith County Indigent Defense Agreement for appeals, in the amount of $120,000, with Amy Blaylock.

8. Consider and take necessary action to adjust FY26 Smith County PayScale for Animal Control Supervisor and Animal Shelter Coordinator, adjust kennel tech position, and authorize the county judge to sign all related documentation.

Comments:

In Smith County, we’re transforming a challenging chapter in our Animal Control and Shelter Department into a beacon of hope and progress. Recent staffing changes and public concerns have underscored the need for a fresh approach, prompting us to propose adjustments to the FY26 Pay Scale to establish distinct roles for an Animal Control Supervisor—who must be a licensed Peace Officer—and an Animal Shelter Coordinator, while also reducing the kennel tech positions from four to three full-time employees. This thoughtful separation recognizes that animal control—focused on enforcing laws and holding irresponsible owners accountable—and shelter operations—dedicated to caring for animals and boosting adoptions—are specialized fields that flourish with dedicated leadership. By reshaping these under one supportive umbrella, we’re choosing innovation over tradition, aiming to deliver higher-quality services that save more lives, strengthen community trust, and maximize every taxpayer dollar. 

The funding for these increases, which we are committed not to exceed, has been thoughtfully reallocated from the normal operating budget of the former Animal Control & Shelter Department. By eliminating one kennel tech position, we’ve redirected nearly enough funds to offset the raises, with maximum salaries capped at $73,330 for the Animal Control Supervisor (a $19,245 increase) and $63,171 for the Animal Shelter Coordinator (a $10,940 increase), resulting in a modest net budgetary impact of just $1,795. This reflects our dedication to fiscal responsibility while prioritizing better animal care and community service, marking a pivotal moment to build a brighter future for our furry friends and the families they join, proving that change can foster compassion and progress for all.

FY26 Smith County Pay Scale Adjustment
Positions and Salary Details

Kennel Tech Position Adjustment in Animal Control

Reduce the number of Kennel Tech positions from 4 full-time employees to 3 full-time employees. Budgetary Impact

• Maximum Increase in Animal Control Supervisor salary: $19,245
• Maximum Increase in Animal Shelter Coordinator salary: $10,940
• Decrease in full-time Kennel Tech salary: $(31,980)
• Total Budgetary Impact: $1,795

9. Consider and take necessary action to award a contract to A.E. Schull & Company in the amount of $614,295.63 for RB-08-25 Paving and Drainage Improvements to CR 3179 (Young Place) and authorize the county judge to sign all related documentation.

Comments:

Approved

10. Consider and take necessary action to award a contract to True Roads Construction, LLC in the amount of $842,454.46 for RB-14-25 Bridge Replacement on CR 1139 at Indian Creek and authorize the county judge to sign all related documentation.

Comments:

Approved

11. Receive monthly reports from Smith County departments.

12. Receive pipe and/or utility line installation request (notice only):

1. County Road 2153, Cherokee County Electric, bore to install fiber optic cable,  Precinct 2, and
   
2. County Road 252, Cherokee County Electric, bore to install fiber optic cable, Precinct 2.

13. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.

Comments:

Budget Transfers

Indigent Defense

• Transfer From: Prosecution Exp – cap murder – $100,000
• Transfer To: 

1. Investigator Fees – 114th – $18,000
2. Attorney Fees – 114th – $20,000   
3. Psychological Eval – 241^st – $36,000
4. Attorney Fees – 475^th – $26,000   

Explanation for this request:
“Cover expenses in Indigent Defense.” 

Bank Wires

Recipient: Optum RX, Inc.

• Prescription Claim Cost & Claim Fee Billing
• Total Balance Due: $219,858.33

ADJOURN