Corsicana Daily Sun, Corsicana, Texas

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August 20, 2008

County considers tax break rules

Public hearings set Monday; budget workshop continues

The Navarro County Commissioners Court discussed a proposed abatement policy Tuesday morning during a public work session in the basement of the county courthouse.

The policy was written and explained to the court by Betsy Elam, a specialist lawyer hired by the county to help it develop the guidelines for granting abatements. In the past, the county has followed the lead of Corsicana in abatement projects. However, two power plants are interested in building in the county outside the city limits, which means the county would be the lead on the abatement front.

The commissioners were not creating an agreement for the companies, only the guidelines to be followed for abatements, consequently, it was very general and didn’t name any company in particular.

“The meat of what you do is going to be in the next step, when you negotiate the tax abatement agreement,” Elam told the commissioners. “This document doesn’t establish a reinvestment zone, it creates guidelines and policies.”

After going over the policy, the commissioners did look at two drafts to create reinvestment zones for each of the proposed power plants.

The policy would make it legal for the county to grant abatements under certain circumstances, for example, if the taxable value of the project is worth at least $1 million in taxable value. The reinvestment zones would limit the abatement to just those exact properties. The abatement agreement would have specifics the plants would need to follow to get the tax breaks.

“For my purposes, this is broader than just the power plants,” said Lee McCleary, the county’s economic development director.

“This policy is for all abatements,” Elam echoed.

The commissioners will vote on the policy and guidelines at 10 a.m. Monday. The hearing for the reinvestment zones will begin Monday morning, and then be continued at a 6 p.m. Monday special meeting, according to Commissioner James Olsen.

The vote on the reinvestment zones won’t take place until September, according to County Judge H.M. Davenport Jr.

Much of the wording in the document is required by Texas law, for example, the clause stating the county may, but doesn’t have to grant an abatement.

Of the eight residents who attended the meeting, several were members of two groups fighting against the power plants.

The commissioners went through the draft policy with Elam line by line, and asked some questions. William Baldwin asked if the reinvestment zone would affect property he owns next to one of the plant sites. It would not, Elam said. Kit Herrington asked if the policy could be for three years instead of five. McCleary said he would prefer five, just to allow his negotiations with potential companies to have more flexibility.

Davenport emphasized that the policy was not the same as the agreement.

“This is not locked in,” he said. “You can do what you want. When it comes to the actual agreement you want do what’s best for the county.”

Diana Rawlins, a Corsicana resident, asked if they could include a requirement that a company has to provide either a financial statement or a quarterly report, and Eddie Pevehouse asked if they could require references from other communities.

Rawlins also asked that the county host the public hearing in the evening or on a Saturday so more people could attend.

“This is a huge, huge issue,” she said.

Davenport agreed to take it under consideration, and by mid-afternoon, they had agreed to the 6 p.m. Monday hearing. However, commissioners pointed out that holding a meeting at night doesn’t guarantee attendance.

Last year, the county commissioners resolved to hold one meeting a month in evenings, so working people could attend meetings, Davenport explained. Numerous people attended the first meeting, but didn’t return, he said.

“After that, it was the same crowd,” he said, pointing to the people in the room, who are regulars at various local government meetings.



Budget hearings continue

Commissioners spent about 90 minutes Tuesday afternoon in another budget workshop, the second such meeting held this week.

District Judge John Jackson addressed commissioners with a budget that includes an additional $200,000 in anticipated costs associated with three upcoming capital murder trials. This is in addition to the $150,000 increase requested Monday by the District Attorney’s office for the three trials.

Costs for expert witnesses and court-appointed defense lawyers for the cases are expected to cost the county plenty, Jackson cautioned commissioners.

“We’ve expended a large amount already,” Jackson said. The case pending against Shaun Arender, accused of murder in the death of Hanna Mack in September 2007 will be the most costly of the three trials, he said.

“It will require a huge outlay of funds if it goes the distance,” he added.

Jackson also renewed his advice to commissioners to seek legislative approval of a county court-at-law, a topic he presented at last year’s budget hearings.

“The consequences of not creating another court are apparent to us,” he said. He told commissioners the current backlog in district court is “about 900 cases.”

Davenport compared the present court docket with only one court hearing felony cases to “having only one cash register and checkout stand at a grocery store.”

“If we don’t go forward and have the statute created, we lose two years,” he said. Legislative action is required to authorize a court-at-law, and the state legislature only meets every other year.

County commissioners went over their individual road and bridge budgets briefly during Tuesday’s session, each requesting more funds be added for the cost of fuel. Precinct 1’s Kit Herrington said he needed to replace a grader, and would not be filling two open positions in his precinct for the remainder of the year. Precinct 3 commissioner William Baldwin said he planned on replacing a 20-year-old backhoe. Precinct 4’s James Olsen said he was scratching the planned purchase of a backhoe and a pickup truck from his budget plans, and would not be filling one open position. Faith Holt, commissioner of precinct 2, had no major purchases included in her budget.

Commissioners will go over revised budget figures during the next two weeks before deciding on the new spending plan. The proposed county tax rate could be voted on at the court’s Aug. 25 meeting.

County Auditor Paula Welch said a final draft on the budget was needed by Sept. 8 in order to comply with public notice and public hearing requirements. A budget must be approved by Sept. 30.

—————

Bob Belcher contributed to this story. Janet Jacobs may be reached via e-mail at jacobs@corsicanadailysun.com

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