Bonham -- Fannin County Commissioners Court's three-hour regular session Monday morning was highlighted by discussion of the impending demolition of the old county jail building at 221 East Sam Rayburn Drive and the proposed creation of a Hospital Authority.
The old county jail was vacated when the county jail on CR4200 was built in 2000 and has steadily deteriorated. Fannin County Commissioners Court has voted twice to tear down the fortified structure, but now demolition is expected to begin within the next 30 days.
Fannin County Pct. 2 Commissioner Stan Barker estimated demolition cost at approximately $18,000, with $12,000 of that going to rent a wrecking ball for three weeks. The county will attempt to recoup a portion of demolition costs by selling scrap metal from the building.
"After sitting there for years and going downhill, I don't think there is anything we can do now but tear it down," stated Fannin County Judge Spanky Carter. "I hope we can learn from the things we do."
One of the most important issues currently being debated in Fannin County are the benefits, as well as possible ramifications, of establishing a Hospital Authority in order to allow Red River Regional Hospital to acquire federal funds dedicated to improving health care. The federal government is investing $29 billion in Texas in hopes of driving down costs, improving quality and expanding care. Currently, as a stand-alone, for-profit private hospital, Red River Regional Hospital would miss out on between $8 million and $25 million that could be used to improve the local health care community.
"We don't have a mechanism to access those funds," explained Red River Regional CEO David Conejo.
A proposal to remedy that situation by forming a Hospital Authority could be just what the doctor ordered, according to Austin, Texas attorney Kevin Reed.
"[Hospital] Authorities have no ability to tax," said Reed.
Hospital Authorities are separate political subdivisions with specific governmental functions. For example, a Hospital Authority could issue bonds.
In response to questions from Judge Carter and Fannin County Commissioners, Reed said the county would not be liable for tort civil suits, nor would the county be responsible if the hospital defaults on bonds.
"When you say 'no liability,' can you think of one example where this county could be liable?" Judge Carter queried Reed.
"Your job is to create it," replied Reed. "Beyond that, you have no responsibility."
When a county ordinance creates a Hospital Authority, the county appoints an unpaid board to oversee the day-to-day business of the hospital.
One lingering question was, if the county enters into a four-year agreement, what happens at the end of that timeframe?
Apparently, the board appointed by the county would be tasked with drawing up a four-year lease agreement that is in the best interest of all parties involved and the agreement would include exit strategies.
Another in-depth discussion regarding this important issue is planned for the next regular meeting of Fannin County Commissioners Court. Then, at the following regular meeting on October 15, Fannin County Commissioners Court will make a decision regarding the proposal to create a Hospital Authority.
In other business, Fannin County Commissioners Court rejected Fannin County Criminal District Attorney Richard Glaser's plan to begin collecting 10% of bond forfeitures to benefit his staff.
"This court rules that you can't take any money until it goes into the county coffers," stated Judge Carter. "This isn't any different from funds collected by a county tax assessor, county clerk or district clerk. When you were doing your research and deciding you could do this without commissioners court approval, what was the basis for your decision?"
Glaser answered that he was basing his opinion on Government Code Section 41005.
"I think that law is old -- maybe 50 years old -- and I don't think it applies anymore," said Judge Carter. "In Texas, commissioners court is set up so that things like this go through commissioners court."
Glaser cited Hidalgo County as an example of where the county attorney was superceding commissioners court by taking 10% of bond forfeitures.
Judge Carter welcomed Fannin County Auditor Scott Dyer to the debate because Dyer had just finished lengthy discussions with officials in Hidalgo County. It turns out that, after researching government code, Hidalgo County no longer allows its county attorney to take a percentage of bond forfeiture funds before those monies enter the county coffer.
"You've got to go through commissioners court before you take any money," Judge Carter told Glaser closing. "I'm glad you brought this up about Hidalgo County because now we can help them get straightened out, too."