Denton County Commissioners Court
Courthouse on the Square
110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012.
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Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
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September 4, 2001
Be it remembered, Commissioners Court of Denton County, Texas was called to order at 7:05 pm on the 4th day of September, 2001 with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with deputy clerk Kathleen Bransford.
Court opened with an Invocation by Pastor Russell W. Tieken of the St. Paul Lutheran Church, Denton, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Charles Emery.
Pastor Tieken: Almighty and Eternal God, worthy to be held in reverence by all people, we give You humble and hearty thanks for the innumerable blessings which, without any merit or worthiness on our part, You have bestowed upon us. Bestow Your grace on all nations of the earth. Bless especially our Country and this County, its inhabitants and all who are in authority. Graciously regard those who have been set in positions of authority among us that they may be guided by Your spirit, be high in purpose, wise in counsel, firm in good resolution, and unwavering in duty, that under them we may be governed quietly and peaceably. Let Your glory dwell in our land and Your mercy and truth and righteousness and peace may everywhere abound. We commend to You the care of all of our schools and ask You to grant that our children may grow in useful knowledge and in high virtue, and bring forth wholesome fruits of life. Graciously defend us from all calamity and every evil. Protect and prosper everyone in his rightful calling, that all useful arts flourish among us. Be the God and Father of the widow and the fatherless, the helper of the sick and needy, and the comforter of the forsaken and distressed. All this we ask for Your grace and mercy. Amen.
ITEM 1 PUBLIC INPUT
Mayor Stephan Wohr of the City of Lake Dallas thanked the Court and John Polster for all their efforts on transportation issues and presented Comm. White with a resolution regarding her support of the southbound exit ramp off Interstate 35 East for the City of Lake Dallas.
ITEM 13 OTHER DEPARTMENTS
13.E) Approval of Resolution to begin the process to create the Denton County Transportation Authority - County Judge. (Briefing 08-28-01)
13.E-1) Move to approve Resolution by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-060113.E-2) Move to appoint Rick Salazar, Charles Correll and Denton County Judge Scott Armey to the working group for the Denton County Transportation Authority by Comm.
Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0602
ITEM 1 PUBLIC INPUT
Kurt J. Neufang of the University of North Texas supports the proposed transportation authority.
(SHORT BREAK TAKEN)
ITEM 4 PUBLIC HEARINGS
4.A) Public Hearing on the proposed County tax rate of $0.25193 per $100 valuation which would
increase total tax revenues from properties on the tax roll by 14.84% for tax year 2001 and schedule and announce the date, time and place to the meeting to adopt the proposed tax rate.Move to Open Public Hearing by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0The following spoke against the tax increase and against elected official raises: Shirley Spellerberg of Corinth, Texas and John Paul Eddy of Denton, Texas.
The following spoke/wrote in favor of the tax increase/salary raises: Elizabeth McAlpin of Lewisville spoke for the Juvenile Probation Dept. (also presented their petition), Sgt. Douglas Lee of Carrollton, Theresa M. Rogers of Lewisville, Robert Akins of Denton, Lee A. Baker of Flower Mound, Chaplain Bob Garsee of Denton, Brian King of Denton, Kevin Carr of Denton, James Golightly of Denton, Bobby Abernathy of Denton, David Slade of Corinth, Barbara Hancock of Flower Mound, Sharon Bedford of Sanger, Cheryl Rhea of Denton, Brenda Cross of Pilot Point, Earl and Margaret Patton of Lake Kiowa, Texas, Murray and Judy Watkins of Denton, Gary Roscher of Carrollton, Donna Riley of Sanger, Joe Arledge of Sanger, Mary Carper of Ponder, Texas and Patti Chapmond of Sanger.
4.A) Move to set the Public Hearing for September 11, 2001 at 11:15 am in the Courthouse on the Square, Commissioners Courtroom, 110 West Hickory, Denton, Texas by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0603
ITEM 17 RECESS 9:45 PM
ITEM 18 RECONVENE 9:50 PM
ITEM 2 CONSENT AGENDA
(The following item was pulled for further consideration and/or separate vote: 7.D. 14.D was pulled from this agenda.)
BUDGET
7.C) Approval of Budget Amendment Request #102450 for Microfilm Equipment for Records Management in the amount of $17,724. (Briefing 08-28-01)
7.E) Approval of Budget Amendment Request #102470 for Shop Supplies and Hazardous Waste Disposal for Vehicle Maintenance in the amount of $3,300.
7.F) Approval of Budget Amendment Request #102480 for Electric/Water Service for Adult Probation in the amount of $12,000.
7.H) Approval of Budget Amendment Request #102510 for Computers and Office Supplies for Budget Office in the amount of $817.
HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. Interviews were conducted as set forth in the Denton County policies adopted by the Commissioners Court, except as otherwise stated in the appointment orders. These appointments are within the budgetary constraints.) Michael Hendrix, Investigator/School Resource Officer; William Townsend, Detention Officer I/County Jail; Daniel Pierce, Detention Officer I/County Jail; Heather Lasater, Juvenile Corrections Officer/Juvenile Post Adjudication; Trina LaDue, Juvenile Corrections Officer/Juvenile Post-Adjudication; Paulina Brown, Juvenile Detention Officer/Juvenile Detention; Charley Smith, Juvenile Detention Officer/Juvenile Detention; Matthew Goldfarb, Juvenile Detention Officer/Juvenile Detention; Lora Paige Towery, Secretary/CSCD; Gina Apuzzo, Planning Technician II/County Planning; Saovanee Wongvanirut, Application Development Manager/Information Services.
HEALTH
9.A) Approval of attachment to contract with the Texas Department of Health for WIC Program services. Briefing 08-28-01)
PUBLIC WORKS
10.A) Approve Tuesday, September 25, 2001 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance as requested by Mr. M. V. Garner and recommended by the Lake Ray Roberts Planning & Zoning Commission. (Briefing 08-28-01)
COUNTY CLERK
11.A) Approve the minutes for Denton County Commissioners Court Meeting, and the County Clerk minutes for Budget Work Session for August 21, 2001, Formal Session.
OTHER DEPARTMENTS
13.B) Approve an Order to Call the Constitutional Amendment Election for Denton County Texas on November 6, 2001; to designate the Elections Office, 401 West Hickory, Denton, TX 76201, as the main early voting site, that early voting will begin October 22, 2001, that early voting will be conducted from October 22, 2001 through November 2, 2001, dates and hours of specific locations are as per attached memo, the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202 -Elections Department. (Briefing 08-28-01)
LEGAL
14.C) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Argyle. (Briefing 08-28-01)
Move to approve Consent Agenda with the exception of 7.D (14.D was pulled from the agenda) by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0604
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of a Resolution declaring September 17 through 23 as Constitutional Week - County Judge.
Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-06053.B) Approval of a Resolution proclaiming the month of September as "Destination Dignity Month" in
Denton County - County Judge.Move to approve by Comm.Mitchell, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0606
ITEM 5 AUDITOR/TREASURER
5. Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)CORRECTION to CSCD, $133.40 to Mark Bragg for Austin Conference, re-issue to Shane Bragg.
ADDITIONS TO GENERAL:
Operations, $760.00 to Texas CUC Aggregation for registration fee for Danny Brumley;
Operations, $130,499.65 to Koch Financial for Energy Management System.Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0607
ITEM 6 PURCHASING
6.A) Approval of specifications and the authority to advertise for Trietsch Road Fencing, Bid #08-01-
1445, and any appropriate action.Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0608
ITEM 7 BUDGET
7.A) Approval of Budget Amendment Request #102420 for Prisoner Medical for Jail Health in the
amount of $40,416 and approval of exception to Sections #D (3) and #E (3) of the budget amendment policy. (Briefing 08-28-01)Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-06097.B) Approval of Budget Amendment Request #102430 to increase revenues and allocate
expenditures for Operating Supplies for Sheriff's Department in the amount of $2,531. (Briefing 08-28-01)Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-06107.D) Approval of Budget Amendment Request #102460 for Gasoline for Emergency Management including the transfer of funds from Non-Departmental Unappropriated Contingency-Flower Mound Government Center in the amount of $3,230. (Briefing 08-28-01)
Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-06117.G) Approval of any action related to the Denton County's 2001-2002 Budget.
NO ACTION
ITEM 10 PUBLIC WORKS
10.B) Approval of any action related to House Bill 1445 regarding Cities Extra Territorial Jurisdiction
and the effects on Denton County.NO ACTION
ITEM 17 RECESS 10:15 PM
ITEM 18 RECONVENE 10:45 PM
ITEM 12 SHERIFF
12.A) Public Hearing from Sheriff Weldon Lucas and District Attorney Bruce Isaacks to approve proposed use of Local Law Enforcement Block Grant from the U. S. Department of Justice including the intended purposes of fiscal year 2001 Local Law Enforcement Grant Funds in the amount of $39,755.00 with Local Sheriff's Office and District Attorney's Office cash match in the amount of $4,417.00.
Move to Open Public Hearing by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0No one spoke either for or against the proposed use of the Local Law Enforcement Block Grant.
Move to Close Public Hearing by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
ITEM 14 LEGAL
14.E) Approval of Denton County Tax Office Contract to use Official Payments Corporation for credit card payment of taxes. Briefing 8-14, 21-01, Formal 08-28-01)
Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0612
ITEM 12 SHERIFF
12.B) Approve the acceptance of Potential Change Order #105 to provide additional payments to subcontractors to construct upgrades to the Pre-Trial Serving Kitchen Area to allow food to be received in the kitchen in bulk, individually portioned and served on site; this includes facilities to wash trays and process waste food, and any appropriate action.
Move to approve for a deduct amount of $63,314.00 by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 01-061312.C) Approval of eight change orders for the Pre-Trial Center, Enforcement Center, and Kitchen Expansion with a credit of $6,484.00:
1) PCO # 25, Wilks Masonry, Credit for Coved Base Kitchen Block, $(2,047)
2) PCO #43, CBS Mechanical, Credit for Eliminated Fans in Visitation Areas, $(2,000)
3) PCO #47, CBS Mechanical, Single Speed Single Winding Fans, $(6,324)
4) PCO #73, Basden, Credit for Deletion of Clips at Block-Joist Conflict Areas
5) PCO #74, Southwest Solutions Group, Combination Locks in Dorm Lockers, $1,314
6) PCO #75, Boggs, Plenum Rated Cable Credit, $(2,601)
7) PCO #86, Performance, Added Door in Enforcement Center, $923
8) PCO #102, Rework Security Wire at Jail Canopies, $4,224, and any appropriate action.Move to approve (#73's credit is $1,341) by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0614
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of Denton County Redistricting 2001:
1) Department of Justice Submittal for Voter Precinct Change
2) Department of Justice Submittal for Commissioner Precincts
3) Department of Justice Submittal for Justice of the Peace Precincts - County Judge.NO ACTION
13.C) Approval of resolution supporting the extension of FM 1938 from SH 114 to FM 1709, resolution to be presented to Texas Transportation commission at their September 27, 2001 meeting - Commissioner, Precinct #4. (Briefing 08-28-01)
Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-061513.D) Approval of possible action on a disaster declaration for the prevention of and threat of wildland fires due to drought conditions in Denton County.
NO ACTION
ITEM 14 LEGAL
14.B) Approval of the Interlocal Cooperation Agreement between Denton County and Northwest
Independent School District for Absent Student Assistance Program. (Briefing 08-28-01)Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 01-0616
ITEM 15 EXECUTIVE SESSION
The Commissioners Court reserves the exercise of its discretion and may convene in executive session as authorized by the Texas Government Code §§551.071, et seq. on any of the agenda items.
For purposes permitted by Texas Government Code, Section 551.071 - Contemplated or Pending Litigation or Settlement Offer, Section 551.072 - Real Property, Section 551.074 - Personnel Matters, and Section 551.076 - Security.(Court did not convene in Executive Session for the following actions.)
15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
15.B) Deliberation regarding security procedures and devices - Texas Government Code, Section
551.076.NO ACTION
15.C) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A),
Government Code; Discuss potential litigation re: Claim of the Estate of Leesa Sheffield.Move to assign to the District Attorney, Civil Division, by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-061715.D) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code: Discuss potential litigation regarding the claim of Kevin Martindale.
Move to assign to the District Attorney, Civil Division, by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-061815.E) Consultation with Attorney, Contemplated Litigation, Texas Government Code, Section 551.071
(1)(A): ACS (Automated Cable Services) Cabling.NO ACTION
15.F) Consultation with Attorney, Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Robert Osburn, P.C. and Blassingame & Osburn, P.C. vs. Denton County District Clerk, in the 393rd District Court of Denton County, Cause No. 2001-60515-393.
Move to approve the recommendation of the District Attorney, Civil Division, to authorize the Civil Division to represent a former employee of Denton County, Tracy Kunkel, in this Pending Litigation by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0619
ITEM 16 ADDENDA
16.A) EXECUTIVE SESSION-Consultation with Attorney: Pending Litigation, Texas Government Code, section 551.071 (1) (A); Denton County v. KONE, Inc., formerly known as Montgomery KONE, Inc., d/b/a Texas KONE, Inc., Cause No. 4:01-CV-00111, pending in the United States District Court, Eastern Division of Texas, Sherman, Texas.
Move to approve the recommendation of the District Attorney, Civil Division, to hire an
expert on elevators, Tom Harrison, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-062016.B) EXCECUTIVE SESSION- Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); Bruce Putnam v. Ronald Davis and Denton County, Texas, Cause No. GC-2001-00935, pending in the Probate Court, Denton, Texas.
NO ACTION
ITEM 19 ADJOURNMENT
Move to adjourn at 11:00 pm by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0This set of minutes prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell