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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 27, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 27th day of April, 2004, at 9:03 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell, and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Kathleen Bransford.
Court opened with an Invocation by Tommy Brewer, followed by the Pledges to the American and Texas Flag led by Skip Allcorn, Print/Mail Department.
Mr. Brewer: Let us be in an attitude of prayer. God of our Fathers, we beseech You today to be in our presence, to be in this very room. We pray for Your guidance and wisdom in our lives and in the conduct of this Court. We ask for Your protection for our men and women in uniform that are protecting the freedoms we enjoy, and the very freedom to meet in open discussion of this public's business. Father, we ask forgiveness of our transgressions and we ask that You lead us by Your light. In the name of the Father and the Son and the Holy Spirit. Amen.
ITEM 1 PUBLIC INPUT
Commissioner Cynthia White paid her respects to Lewis George, who passed away recently, and who was formerly the mayor of Aubrey and the Justice of the Peace for what was then Precinct Two.
Willie Hudspeth thanked the court for clearing the county property behind his neighborhood. He will be presenting a petition from citizens supporting his efforts to bring water to the fountain and he mentioned the NAACP’s proposal to level the Confederate Soldier now standing on the lawn of the Courthouse on the Square.
J.W. “Bill” Giese presented a petition of County Residents opposed to reduction of county funds for county libraries.
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of a Library Funding Policy, and any appropriate action. County Judge
Move to approve the proposal by the Library Board under non-mandated funding in the Budget for $790,000 with a caveat that this could be reduced during the Budget Session and depending on the Legislature’s actions by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Failed 2-3-0
ITEM 2 CONSENT AGENDA
(Items 11.A, 13.E pulled for further consideration and/or separate vote.)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100940 to increase revenues and allocate expenditures for Office Supplies for CHOS Museum in the amount of $270, and any appropriate action. (Briefing 4-20-04)
7. C) Approval of Budget Amendment Request #100960 for various line items for the Bioterrorism Grant in the amount of $14,600, and any appropriate action.
7. D) Approval of Budget Amendment Request #100970 for psychiatric services for Juvenile Probation in the amount of $35,000, and any appropriate action.
HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments posted and advertised. Interviews 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.) Penni Abbott, Detention Officer 1/County Jail; Charmin Murray, Detention Officer 1/County Jail; Donnie Carr, Detention Officer 1/County Jail; David Strickland, Detention Officer 1/County Jail; Karen Jacobs, Detention Officer 1/County Jail; Christopher Klein, Detention Officer 1/County Jail; Lee Sorrells, Detention Officer 1/County Jail; Jason Daniels, Detention Officer 1/County Jail; Bradley Thompson, Detention Officer 1/County Jail; Leigha Ahrens, Sergeant/County Jail; Anna Reed, Sergeant/County Jail; Rebecca Watkins, Detention Officer 1/County Jail; Andrea Tannahill, Deputy Clerk-Courts/County Clerk; Charles Bradshaw, Driver-Equipment Operator/R & B, Pcts. 3 & 4; Corrie Tarver, Juvenile Detention Officer/Juvenile Detention; Robert Langford, Juvenile Corrections Officer/Juvenile Post Adjudication; Stephen Key, Detention Officer 1/County Jail; Donald Baker/Detention Officer/County Jail; Shannon McKeown, Detention Lieutenant – Medical/Jail Health Department.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for April 6, 2004, and any appropriate action.
LEGAL
14. B) Approval of: a) the Project for “Drainage Improvements to Chinn Chapel Road” located within the Town of Double Oak and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Double Oak for “Drainage Improvements to Chinn Chapel Road” located within the Town of Double Oak, and any appropriate action. (Briefing 9-20-04)
Move to approve Consent Agenda with the exception of Items 11.A & 13.E by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0236
ITEM 11 COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for April 6, 2004, and any appropriate action.
Move to approve with corrections by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0237
ITEM 13 OTHER DEPARTMENTS
13. E) Approve adding Riding Unlimited to the list of organizations that may receive donations from jurors from their juror reimbursement pay, and any appropriate action. (Briefing 4-13 & 20 – 04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 04-0238
ITEM 4 PUBLIC HEARING
4. A) Approval of an addendum to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Recreational/Commercial Services (R/C) Abstract #792, part of Tract 42 as requested by the LJH Corporation and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Planning Department, and any appropriate action.
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
No one spoke.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0239
ITEM 5 AUDITOR
5. A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)DELETION –
TNCP - $ 14.29 to Texaco, incorrect amount;ADDITIONS –
GENERAL –
Change Fund $ 50.00 to Public Health Dept., Change Fund for People’s Clinic;
Non-Dept. $ 1,500.00 to Texas Lawyer’s Ins. Exch., L.D. Shipman;
Leased Bldg. $ 2,000.00 to Arthur/Geary, LTD, May Lease for Fire Marshal;
Const.4 $ 174.40 to Austin Marriott, lodging for Dave Howell;
School Res $ 7,703.27 to Ford Motor Credit for 3 year car lease.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0240
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
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
NO ACTION
13. B) Approval of any action regarding the Transportation Road Improvement Program – 2004 (TRIP-04) bond election. County Judge
NO ACTION
ITEM 10 PUBLIC WORKS
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
PRESENTATION – NO ACTION
ITEM 17 RECESS 10:30 a.m.
ITEM 18 RECONVENE 10:47 a.m.
ITEM 8 HUMAN RESOURCES
8. B) Approve the job description and ranking of the Engineering Technician II in the Public Works Engineering Department, and any appropriate action. (Briefing 4-20-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-2-0 (Jacobs & Mitchell, nay)
Court Order 04-0241
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. C) Approval of the Chapter 381 Tax Incentive Agreement between Denton County, Texas, and Behr Process Corporation, a California Corporation, and a wholly-owned subsidiary of Masco Corporation, and any appropriate action. (Briefing 4-20-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-024214. D) Approval of a) the project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Lakewood Village for repair and overlay of Lakecrest Drive and Highridge Drive, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-024314. E) Approval of the Payor Agreement between Beech Street Corporation and PEBC Denton County, and any appropriate action.
Move to approve Agreement and Addendum to Exhibit 4 Service Fees by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-024414. F) Approval, and authorization for (1) the Civil Division of the Denton County Criminal District Attorney’s Office to send notice to MADD (Mother’s Against Drunk Driving) of intent to terminate lease for the property at 1310 East McKinney and (2) to offer MADD an alternative location for their office, and any appropriate action.
Move to approve an offer to MADD to move to 756 Jones Street, Lewisville, by the 31st of May, 2004, by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-024516. A) Approval of the Amendment #1 to the Standard Form of Agreement for Services between Denton County, Texas and Garnite Roofing Corporation for roofing repairs, and any appropriate action. DA/Civil Division
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0246
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of space allocation in the Courthouse-on-the-Square, and any appropriate action. County Judge
NO ACTION
ITEM 17 RECESS 11:20 a.m.
ITEM 18 RECONVENE 11:33 a.m.
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
Court Reconvened in Formal 11:43 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
ITEM 16 ADDENDA
16. B) EXECUTIVE SESSION – Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Tracy Cooper, Plaintiff v. The Denton Housing Authority, The city of Denton and Denton County, Defendants, Cause # GC-2004-00583, pending in the County Court at Law #2 Court of Denton County, Texas. DA/Civil Division
Move to assign to Criminal District Attorney, Civil Division, and approval to hire Insurance Counsel from the Texas Association of Counties by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0247
ITEM 19 ADJOURNMENT 11:45 a.m.
This set of minutes for April 27, 2004, prepared by Senior Administrator Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.