Commissioners OK Ike funding, round 2 [The Orange Leader, Texas]

Nov. 29--ORANGE -- Some much needed infrastructure improvements should be moving Orange County's way in the near future.

The Orange County Commissioners' Court approved Disaster Recovery Round 2.2 application from Hurricane Ike at their meeting Monday afternoon. The county will be allotted $5,827,656.

The county plans to do the following projects with the money:

--The swing bridge on East Roundbunch Road was heavily damaged by Ike- $3,780,000

--A countywide planning study to include but not limited to: long-term infrastructure development, economic development and overall strategic planning as it relates to countywide growth and development- $829.805

--Road repairs left over from Hurricane Ike. Overall budget for this project was $2.5 million but was reduced to $1.2 million to accommodate the available funding, as such, and the county will finish what they can with available funding- $1,217,851

Jack Stoffregen, chief public defender of the Regional Capital Public Defender Office, presented to the court the Fair Defense Act of the Texas Code of Criminal Procedure and the Texas Government Code.

Stoffregen said the RCPDO began in 2007as an Interlocal Agreement in West Texas to provide qualified representation in death penalty cases and to distribute the cost to fairly, based on actual use of services.

"The response has been really good in joining," Stoffregen said. "You hope you never have to use it, but you have insurance."

An RCPDO brochure read some of the organization's highlights include the ability to provide cost efficiency to counties, creating budget predictability and increasing the quality of representation.

He described the organization as a risk pool/insurance policy. He invited Orange County to join and the first year would be free for them.

Stoffregen said the state pays 100 percent the first year. The RCPDO would provide money to open two offices in the East Texas region. Their budget calls to hire 10 lawyers and other personnel.

The cost allocation is based on a formula:

--50 percent based on percentage of total population

--50 percent based on percentage cases filed

--Minimum of $1,000

Though the first year, FY 2012, would be free for Orange County, the next years would increase in cost.

For instance, FY 2013 would be $19,699 per year for the county, FY 2014 would be $26,266 per year, FY 2015 would be $39,399 per year, FY 2016 would be $52,532 and FY 2017 would be $65,665 per year. Stoffregen added he can foresee the state permanently funding the program at the end of the period.

Precinct 2 Commissioner Owen Burton asked Stoffregen if there was a penalty to opt out of the program. Stoffregen answered there wasn't.

He added there's a two-year open enrollment, but also a two-year waiting period if a county delays in joining. Commissioners would have to sign an Interlocal Agreement by October 1, 2012 to be eligible the following year.

Precinct 3 Commissioner John Dubose asked how many indigent capital punishment cases were last year.

Stoffregen answered he didn't know the number, but there are many statewide.

Douglas Manning, assistant county attorney, said Orange County had one capital case this year, but it was a life sentence because of the defendant's mental capacity.

It was discovered during the discourse District Attorney John Kimbrough and the district judges didn't know about the program.

County Judge Carl Thibodeaux said he would schedule a workshop with the DA and judges before any action would be taken on the item.

Ralph Valenciano with the emergency management office reported with the recent rainfall and overnight recovery, the county was in the best possible shape in months in preventing wildfires.

The commissioners approved with the continued lifting of the countywide burn ban.

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(c)2011 The Orange Leader (Orange, Texas)

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