VOL 5 No. 50
Phone: 281-980-6745
www.fbindependent.com .fbindependent.com ww
FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, DECEMBER 12, 2012
P. O.BOX 623, SUGAR LAND, TX 77487-0623
Official newspaper of Fort Bend County, Missouri City & Sugar Land
Birds of Fort Bend: House Finch
The House Finch loves living around homes. Living in Christmas and other wreaths, hanging plants, and under house eaves are the type of places they love to live and nest. So wreaths, liking conifers and the red head, breast and rump of the male make this Finch a perfect December bird of the month. If you’ve had a House Finch take up in a wreath on your door, move the wreath to a new location under cover if the bird flying out startles you. House Finches love black-oiled sunflower seeds and if they discover your feeder, you likely will have nesting birds next summer. To learn more about these tiny (5” to 6”) gregarious birds, visit http://traction.typepad.com/birds Photo by international birder and photographer Margaret Sloan.
Smoking ban in Stafford likely this week By BARBARA FULENWIDER An ordinance curtailing smoking in public places in Stafford may come up for a vote at Stafford’s Dec. 12 city council meeting. There have been hours of discussion on the subject by council members and the public, so it took Art Pertile, city attorney, a lot more hours to compile everyone’s wishes into an ordinance that council will discuss. Additions and subtractions may send Pertile back to the drawing board again to draft another ordinance on a subject that elicits strong feelings. As it stands now, smoking will be prohibited in all enclosed public places in Stafford, including but not limited to libraries and museums, areas used by the general public in businesses and non-profit entities including professional offices, banks, laundries, billiard/ pool halls, bingo facilities, convention facilities and civic centers, elevators, movie theaters, stage, drama, lectures, musical recital or other similar performances. Smoking will also be prohibited in health care facilities, childcare and adult day care facilities; lobbies, hallways and other common areas in hotels, motels, apartment buildings, condominiums, assisted living facilities, nursing home and
other multi-residential facilities, polling places, buses, taxicabs and ticket, boarding and waiting areas of public transit depots, restaurants, restrooms, lobbies, reception areas, hallways and other common use areas, retail/convenience stores, places of meeting or public assembly including school buildings to the extent the public is subject to the jurisdiction of Stafford, and sports arenas, including enclosed areas in outdoor arenas. Outdoor areas where smoking would be prohibited include city buildings, parks, facilities and grounds, outdoor sports arenas, stadiums and amphitheaters and within 25 feet of the entrance or exit of enclosed places where smoking is prohibited by this article, except for outdoor dining areas of bars or restaurants that are designated as smoking areas. In places of employment, smoking will be prohibited in common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms and all other enclosed areas. Smoking will not be regulated in hotel and motel rooms that are rented to guests and designated as smoking rooms, in outdoor areas on private
property except those listed specifically in the provisions of the article; outdoor dining areas of bars and restaurants designated as smoking areas, private residences, except when used as a child care, adult day care or health care facility. Also, smoking will not be regulated by the city at retail tobacco stores if the smoke from such does not infiltrate into areas where smoking is prohibited or in bars. For a bar to be exempt from the no smoking regulations, it must submit sales records for three consecutive months to document that the establishment gets at least 70 percent of its gross revenues from the sale of alcoholic beverages for on-premise consumption. Businesses that are exempt from the smoking prohibitions may post smoking signs at each entrance. Any owner, operator, manager or other person in control of an establishment, facility or outdoor area in Stafford may declare the entire establishment as nonsmoking and must post a sign saying such. Any citizen may register a complaint with the Stafford Police Department to initiate nonsmoking enforcement. Anyone found guilty of violating the ordinance can be fined up to $2,000 per offense.
Legal maneuvers in sheriff’s office keep both factions happy By SESHADRI KUMAR The new Fort Bend County Sheriff Troy Nehls, who takes office on Jan. 1, will be able to hire nine new people, while the outgoing sheriff Milton Wright has ensured that none in his administration is fired. To facilitate this arrangement, county commissioners are scheduled to approve this week “temporary reclassification” of nine positions in the sheriff’s office. The actual agenda item describes the action as “temporary reclassification of Position ...(Sheriff’s Office) Telecommunications Officer I to Sergeant...” These so-called temporarily reclassified positions will be occupied by some top ranking officials in Wright’s administration, though these officials will be demoted to their next lower rank. The quixotic arrangement is the result of a civil service commission in the sheriff’s office which was established recently under state law to protect the interests of sheriff’s employees from arbitrary administrative actions. The anomalous situation has rendered the commissioners court somewhat helpless. Whether they like it or not commissioners have to approve positions in the sheriff’s office costing additional money to the taxpayers. If the positions are not created, the nine employees in Wright’s administration will have no job and if they are fired, the county may face lawsuits, according to informed
sources. The following is a summary of the agenda item provided by the Human Resources Department of the county to the commissioners court. “These temporary reclassifications are being requested in accordance with iv(II)(B) of the Fort Bend County Sheriff’s Office Civil Service Commission Rules and Regulations, as follows: “B. If the Sheriff designates a classified position as an exempt position, the Sheriff must notify the occupant and the Civil Service Commission of the designation in writing. If the position’s occupant is a classified employee, they must accept or decline the position in writing to the Sheriff and the Civil Service Commission within ten (10) working days. “If the occupant does not accept the exempt position, he or she shall be transferred to a classified position at the same rank held by the employee immediately before being placed in the position now designated as exempt. “The employee’s new rate of pay and benefits will be commensurate with the pay and benefits of other classified employees of like rank and responsibility in his or her reassigned position. “In the event that no vacancy exists in the occupant’s last held rank, a vacant position will be reclassified to the occupant’s reassigned position until the employee is reinstated to a regular approved position. The previous vacant position will then be reclassified back to the
originally approved vacant position. “The Sheriff issued letters of exemption to nine employees. All nine chose not to accept the exemption, and subsequently, to be returned to their previously held rank. “The requested reclassification of these vacant positions is necessary to accomplish this action.” One implication of this incident is that the civil service commission may cause the creation of new positions without the knowledge of the commissioners court. The creation of a position or funding a position is an exclusive prerogative of the commissioners court. Another aspect of this incident is that the county will incur additional payroll costs. Nobody is certain about the amount or no one is yet sharing it with the public. Wright says no new positions are being created. There were a dozen vacancies in the department which have not been filled this year. These positions will be filled now. The only additional cost will be the difference in the salary for the reclassified higher rank. Nehls was contacted for comments, but he did not return the call. It is likely some of the nine reclassified employees may resign. For example, Deputy Chief Craig Brady, who ran against Nehls for sheriff, is one of the nine officials whose position has been reclassified to a lower rank. It is not known if he will stay or resign.
Commissioner Patterson gets “Road Hand” award Fort Bend County Commissioner James Patterson has received the prestigious “Road Hand” Award. Texas Department of Transportation Houston District Engineer Michael Alford made the presentation to Patterson at the Nov. 30 Houston-Galveston Area Council Transportation Policy Council meeting. The Road Hand Award is a joint effort between the Texas Department of Transportation (TxDOT) and the Texas Good Roads/Transportation Association to recognize those special individuals who have freely given their time, energy, support and vision toward accomplishing important transportation programs or projects in their communities, their region or the entire state. During his time in office, Patterson has made transportation a key issue of his administration. He spearheaded and co-chaired the 2007 Fort Bend Mobility Committee which led to a successful passage of $180 million dollar bond program. One project that resulted from this program is construction of FM 1464, a four-lane divided highway built to replace the existing two-lane roadway. Further, he has led the effort to create the first public transportation department in Fort Bend County to allow the county to compete for public transit funds. Patterson supported Fort Bend County’s Toll Road Program by voting to expand and improve the existing facilities.
Patterson is all smiles after receiving the surprise award. Patterson also serves on the ordination of the transportation Transportation Policy Council planning activities within the (TPC) representing the eight- Houston-Galveston region. county Houston-Galveston “His dedicated public serarea metropolitan planning vice and the positive impact organization. From 2008 until he has had on Texas’ highway 2011, he honorably served as system make Commissioner Chair for the council. Patterson justly deserving of The TPC consists of a joining the elite group of Texas 24-member group that provides Road Hands,” Alford said. policy guidance and overall co-
10701 Corporate Drive, #282, Stafford, TX 77477 Mailing Address: P.O. Box 623, Sugar Land, TX 77487 Seshadri Kumar Publisher & Editor
www.fbindependent.com 281-980-6745
Fort Bend Independent, (USPS 025-572) is published every Wednesday (for a subscription rate of $20 per year) by Fort Bend Independent, LLC., 10701 Corporate Dr., #282, Stafford, Texas 77477. Periodicals Postage Paid at Stafford, Texas. POSTMASTER: Send address changes to Fort Bend Independent, P.O. Box 623, Sugar Land, Tx 77487.