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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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April 6, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 6th day of April, 2004, at 9:00 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Jim Carter, Bobbie J. Mitchell, and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.
Court opened with an Invocation by Kelly Zwinggi, Planning Director/Public Works, followed by the Pledges to the American and Texas Flag led by Kathleen Bransford, Senior Administrator to Commissioners Court.
Mr. Zwinggi: Most Holy and Adorable Trinity, one God, and three persons. We firmly believe that You are here present. We adore You with the most profound humility. We praise and give You thanks with all of our heart for the favors You have bestowed on us today. Your goodness has brought us safely to the beginning of this day. Behold, oh, Lord, we offer You our whole being in particular -- and all of our thoughts, words and actions together with such crosses and contradictions as we may meet in the course of this day. Give them oh, Lord, Your blessing. May Your divine love animate them and may they tend to the greater honor and glory of Your sovereign majesty. Amen.
ITEM 1 PUBLIC INPUT
John W. Johnson, Denton, Texas had his position stated regarding Item 3.B, the resolution in opposition to Governor Rick Perry’s proposed property tax plan.
ITEM 3 RESOLUTION/AWARD PRESENTATION
3. A) Approve the adoption of a resolution proclaiming April 5-11 as Public Health Week in Denton County, and any appropriate action. Health Department
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0183
3. B) Approval of a resolution in opposition to Governor Rick Perry’s proposed property tax plan, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0184
RECESS 9:37 am
RECONVENE 9:42 a.m.
ITEM 10 PUBLIC WORKS
10. D) Approval to ratify by Denton County Commissioners Court the decision of the Citizens Board of Appeals to DENY the request by Janice May for a variance from Section XI, Subdivision Improvement Acceptance Procedure of the Denton County Subdivision Rules & Regulations for the depth of driveway culverts of lots 1, 6, 7, 9, 20, 23, 27, 28, 29 and 30 for the proposed Drop M Estates Addition, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 2-1-1 (Mitchell nay and Carter abstained)
Court Order 04-0185 ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
BUDGET
7. G) Approval of Budget Amendment Request #100870 for Operating Supplies for Constable, Precinct #4 in the amount of $600, and any appropriate action.
7. H) Approval of Budget Amendment Request #100880 for Computer Software for Bioterrorism in the amount of $5,500, and any appropriate action.
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.) Ray Fuentez, Heavy Equipment Operator/R & B Pcts. 3 & 4; Paul Head, Driver-Equipment Operator/R & B Pcts. 3 & 4; Maritza Roman, Primary Care Clinician – Public Health/Clinical – FQHC Grant; Randall Kesseler, Primary Care Clinician/FQHC Grant; Vernella Thibodeaux, Juvenile Detention Officer/Juvenile Detention; Lance Simon, Juvenile Corrections Officer/Juvenile Post Adjudication; Billy Kitchens, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Lisa Vania, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Cynthia Swenson, Deputy Clerk – Ad Valorem/Tax Assessor – Collector; Karla Yates, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector.
HEALTH
9. A) Approval of TDH contract amendment for Service Delivery Integration (SDI), and any appropriate action. (Briefing 3-30-40)
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for March 16, 2004, and any appropriate action.
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0186
ITEM 5 AUDITOR
5. A) Approval of Bill Report and Acceptance of the Auditor’s Monthly Financial Report-February,’04 (Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)
DELETIONS –
General - $365.00 to Kim McCary, Attorney, incorrect amount;
Public Health - $300.00 to M. Stuart Altman, DPM, incorrect amount;ADDITIONS –
General –
Sheriff’s Office $586.50 to Northwest Forest for lodging, Kish & Dennison;
Jud. & Ct. Supp $188.15 to Aurelia Hernandez for Witness Expense;
Budget $110.00 to TACBAPA, registration fee for Stewart & Jones;
Jail $184.00 to Omni Southpark Hotel/Austin, lodging for Tim Rich;
$ 90.00 to Tim Rich, Austin Travel Advance;
DA $ 55.00 to Collin County Sheriff for Evidence Expense;
TNCP - $180.00 to Mike Martin, Mt. Pleasant Travel Advance;
$180.00 to Randy Robinson, Mt. Pleasant Travel Advance.Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-01876. A) Approval of purchase and installation of Air Conditioner units for the Lee Walker Government Center and the purchase and installation of software and controls for the Sandy Jacobs Government Center and the Colony Government Center from the Trane Company on The Cooperative Purchasing Network (TCNP) in the amount of $98,927.00, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-01886. B) Approval of specifications and authority to advertise for Scott Self Contained Breathing Apparatus for the Denton County Pre-Trial Center, Bid #03-04-1607, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-01896. C) Approval of exemption from bidding for professional consulting services form Foresite Consulting, Inc. for the Bio-terrorism Volunteer Disaster Recruitment Program in compliance with the provisions of Section 262.024 (a)(4) of the Local Government Code, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0190
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100800 for prior year purchase for various County Departments in the amount of $1,256,969, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-01917. C) Approval of Budget Amendment Request #100830 for Overtime-Cash Options for S.O. Mental Health Unit in the amount of $3,000, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-01927. D) Approval of Budget Amendment Request #100840 for Out of County Prisoner Expense including the transfer of funds from Non-Departmental Unappropriated Contingency for County Jail in the amount of $325,600, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-01937. E) Approval of Budget Amendment Request #100850 to increase revenues and allocate expenditures for Operating Equipment for Sheriff’s Department in the amount of $5,500, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-01947. F) Approval of Budget Amendment Request #100860 for Contract Labor for County Planning in the amount of $3,223, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0195
ITEM 8 HUMAN RESOURCES
8. B) Approve an appointment to the Civil Service Commission to fill the current vacancy, and any appropriate action.
Move to appoint Constable Jim Dotson by Judge Horn, seconded by Comm. White.
Motion Carried 3-1-0 (Carter nay)
Court Order 04-0196
ITEM 10 PUBLIC WORKS
10. A) Approve any road and bridge differences between Ex-Officio Road Commissioners that need to be addressed by the Commissioners Court, and any appropriate action. Commissioner, Precinct #2
10. B) Approve internal procedures for the workings between the Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
10. C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of a Blue Ribbon Task Force to review opportunities and make recommendations for improved efficiencies in all departments of Denton County Government. Commissioner, Precinct #4
13. B) Approval of any action regarding the Transportation Road Improvement Program – 2004 (TRIP-04) bond election. County Judge
NO ACTION
13. C) Approve the appointment of Scott Armey to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-019713. D) Approve the appointment of Marvin Jackson to the Denton County Drilling/Land Development Committee as a representative of Precinct 3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-019813. E) Approve the appointment of Fred Busche to the Denton County Transportation Committee as a representative of Precinct 3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-019913. F) Approve the re-appointment of Steve McAdams to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-020013. G) Approve the re-appointment of Ben Carruthers to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0201
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. B) Approval of Supplement Agreement #4 to the Contract between Denton County, Texas and Halff Associates, Inc., for additional funding in the amount of $165,990.00, for a total contract amount of $362,920 for Environmental work on the FM 2499 Section 4 project, and any appropriate action. (Formal 3-23-04 & 3-30-04)
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-020214. C) Approval of (1) the termination of the Statement of Work for Services between Denton County, Texas and International Business Machines (IBM) dated October 21, 2003 and approval of (2) the Schedule for Services and the Statement of Work for Services between Denton County, Texas and International Business Machines (IBM), and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-020314. D) Approval of the Standard Form of Agreement for Services between Denton County, Texas and Garnite Roofing Corporation for roofing repairs, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-020414. E) Approval of Supplement Agreement #8, to the Contract between Denton County, Texas, and NTB Associates, Inc., for additional funding in the amount of $7,376.00 for a total contract amount of $212,094.00, for the US 377/Pilot Point Project, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0205
ITEM 16 ADDENDA
16. A) Approval of Courthouse on the Square Restoration Project Potential Change Order #14-replace office wood flooring and carpet replace, addition of $23,820.88.-Facilities Department
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-020616. B) Approval of acceptance of continuing education provisions of the Texas Local Government Code Article 81.0025 that have been satisfied by Commissioner Bobbie J. Mitchell for the calendar year 2003- Commissioner Precinct #3.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0207
ITEM 17 RECESS 10:55 a.m.
ITEM 18 RECONVENE
ITEM 15 EXECUTIVE SESSION
The Commissioners Court reserves the right to exercise 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 Convened in Executive Session 11:34 a.m.
Court Reconvened in Formal Session 11:55 a.m.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.
15. C) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, Cause No. 02-00-00358-CV, pending in the 43rd District Court.
NO ACTION
16. C) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Kenneth Earl Neal v. Lucas, et al.; In the United States District Court for the Eastern District of Texas Sherman Division; Case no. 02-CV-165. DA/Sheriff
Move to approve the recommendation of the Criminal District Attorney, Civil Division, to extend the County’s representation of an additional two defendants, Captain Tensler & Reverend Bob Garsee, by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-020816. D) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss and take action regarding Denton County v. Joy Ceniceros, Cause no. JO3-335J1, Justice of the Peace Court, Precinct #1, Denton County, Texas. DA/Sheriff
Move to approve the return of funds erroneously released to the Defendant in this action, with the detention officers making up the missing funds; case is resolved and the Criminal District Attorney, Civil Division, is recommending that the Court return the monies paid by the two detention officers DeCambry and Simmons by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0209
ITEM 19 ADJOURNMENT 11:58 a.m.
This set of minutes for April 6, 2004, prepared by Senior Administrator Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.