 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
May 4, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 4th day of May, 2004, at 9:09 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 James Wells, Denton County Auditor, followed by the Pledges to the American and Texas Flag led by Don Alexander, Director of Elections.
Mr. Wells: If you'll pray with me. Dear Lord and Father, we ask You today to bless this meeting, give Your wisdom to these proceedings. We ask You to guide our leaders and our leaders at all levels of government. Show them Your will as they deliberate over matters that are before them. Thank You for the blessings You've already given us. Thank You most of all for the greatest of Your blessings, the saving grace of Your son. Forgive our sins and watch over each day. In Christ's name. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth compared this Commissioners Court failure to bring water to the fountain of the Confederate Soldier on the Courthouse Square to the definitions of Apartheid, Jim Crow, Poll Tax and Segregation.
ITEM 2 CONSENT AGENDA
(Item 7.A pulled for no action and Item 14. B postponed at the request of the Civil Division of the Criminal District Attorney’s Office.)
AUDITOR/TREASURER
5. B) Approval of the Denton County Investment Report for the Quarter ended March 31, 2004, and any appropriate action. (Briefing 4-27-04)
5. C) Approval of Payroll.
PURCHASING
6. B) Approval of award of bid for Chinn Chapel Road Drainage Improvements, Bid #03-04-1604, to R- Con, Inc. for $133,289 with $88,822 in funding from the BSRP Chinn Chapel Drainage Project and $22,234 in funding from both the Precinct 3 and the Precinct 4 Discretionary Funds in the BSRP, and any appropriate action. (Briefing 4-27-04)
BUDGET
7. B) Approval of Budget Amendment Request #100990 for hardware maintenance for the Justice Information System in the amount of $577, and any appropriate action. (Briefing 4-27-04)
7. D) Approval of Budget Amendment Request #101030 for Law/Reference Books for Criminal District Attorney in the amount of $2,500, 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.) Deanna Johnson, Senior Administrator/County Clerk; Kristi Corley, DO111 – Medical/Jail Health; Wesley Cox, Detention Officer 1/County Jail; Dianna Latham, Detention Officer I/County Jail; Robbie Allmon, Detention Officer I/County Jail; Milosh Karakashevich, Lieutenant – Detention Training/County Jail; Kammy Timmons, Misdemeanor Prosecutor II/Criminal District Attorney; William Schultz, Felony Prosecutor 11 B – FV/Criminal District Attorney.
SHERIFF
12. A) Approve a credit of $2,768.48 to Northwest ISD per their request in a letter to Captain Bob Powell from Glenda Beam Director of Operations, and any appropriate action. (Briefing 4-27-04)
OTHER DEPARTMENTS
13. E) Approval of request of the use of the Denton County CHOS lawn from Denton Main Street for Thursday Twilight Tunes concert series on the square beginning May 20 and running thru June 24, from 5 pm to 9 pm, and any appropriate action. Aide-to-the-Court (Briefing 4-27-04)
13. F) Approval of request for the use of the Denton County CHOS lawn from Denton Main Street for Dogs Day of Summer Festival on Saturday, June 5, 2004 from 6 am to 5 pm, and any appropriate action. Aide-to-the-Court (Briefing 4-27-04)
13. G) Approval of using the Denton County CHOS lawn for Acoustic Law Jam every Saturday in June thru August 20, 2004 between 9 am and 1 pm, and any appropriate action. Aide-to-the-Court (Briefing 4- 27-04)
13. H) Approval of Building Usage for the Denton County CHOS Conference Room and the 1896 Room for Arts, Antiques & Auto Extravaganza (event will be set up on side walk and street) for September 11, 2004 from 7 am to 6 pm, and any appropriate action. Aide-to-the-Court (Briefing 4-27-04)
LEGAL
14. C) Approval of Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and (1) Ellis County, (2) Johnson County, and (3) Somervell County, and any appropriate action. (Briefing 4-27-04)
14. D) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas, and Halff Associates, Inc., for additional funding in the amount of $15,726.00, for a total contract amount of $152,726.00 for SH 114 to the Wise County Line to SH 156 – Rural Section Project, and any appropriate action. (Briefing 4-27-04)
14. E) Approval of Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and (1) Ellis County, (2) Johnson County, and (3) Somervell County, and any appropriate action. (Briefing 4-27-04)
14. F) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas, and Halff Associates, Inc., for additional funding in the amount of $46,648,00, for a total contract amount of $188,653.00 for SH 114 to the Wise County Line to SH 156 East IH 35W Urban Section Project, and any appropriate action. (Briefing 4-27-04)
14. G) Approve Memorandum of Understanding between Denton County and Centralia Systems, Inc. for the use of NITRO (National Inmate Telephone Research Operations), and any appropriate action. (Briefing 5-4-04)
Move to approve Consent Agenda with the exception of Item 7.A & 14.B by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0248
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.)DELETIONS –
IC - $ 578.20 to Joseph Fletcher, M.D., per department;
$ 46.28 to Labcorp of America, per department;ADDITIONS –
GENERAL –
L & W - $ 120.00 to Robert Hamilton, Austin Travel Advance;
$ 20.00 to TJCTC, registration fee for Robert Hamilton;
$ 138.00 to Austin Marriott for lodging for Robert Hamilton;
2002 Tax Notes $354,797.80 to Joe R. Jones Construction Co., CHOS Restoration/Millwork.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0249
ITEM 6 PURCHASING
6. A) Approval of specifications for Request for Qualifications for Architectural Services for design of
the Flower Mound Government Center and renovation of the Teasley facilities , RFQ #04-04-1610, selection of evaluation committee to include Jim Carter, Kelly Zwinggi, Danny Brumley, Jody Gonzalez and Beth Fleming, and any appropriate action. (Briefing 4-27-04)
6A-1) Move to approve selection of Evaluation Committee except for the substitution of Kelly Zwinggi, Director of Planning, with Cathy Allcorn, County Planning Manager by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0250
6A-2) Move to approve specifications for RFQ 04-04-1610 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-02516. C) Approval of (1) excess 2004 Tax Notes to purchase one additional Scott Air Pak 50; and (2) approval of award of bid for Scott Self Contained Breathing Apparatus, Bid #03-04-1607, to Wayest Safety, Inc. the amount of $27,328.00, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-02526. D) Approval of award of bid #04-04-1612 for Title Services to Title Resources for a maximum amount of $350 per parcel, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0253
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of Library Funding Policy, and any appropriate action. County Judge
NO ACTION
ITEM 7 BUDGET
7. C) Approval of Budget Amendment Request #101000 for various line items for Road and Bridge Precinct #3 and Precinct #4 in the amount of $169,824, and any appropriate action. (Briefing 4-27-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-02547. E) Approval of Budget Amendment Request #101060 for Salary and Benefits including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for the purpose of training a replacement employee for a two week period in the amount of $2,636, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0255
ITEM 9 HEALTH
9. A) Approval for Bing Burton, Ph.D. to sign extensions for the existing MOU between The People’s Clinic and Denton County, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0256
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
10. D) Approve the purchase and placement of signs (Turn Around, Don’t Drown”) to identify low water crossings on County-maintained roads, and any appropriate action. (Briefing 4-27-04)
10. D-1) Move to approve by Comm. Jacobs, seconded by Comm. Carter. Motions removed
10. D-2) Move to approve the funding and placement of sixteen (16) signs placed at eight low water crossings in Precinct 4 by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White, nay)
Court Order 04-025710. D-3) Move to approve line item funding from Precinct One & Two for placement of signs throughout Precinct One & Two by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Failed – Comm. Mitchell removed her second
ITEM 12 SHERIFF
12. B) Approve Joint Interlocal Cooperation Agreement for Peace Officer and Patrol Services between Denton County and Denton County Fresh Water Supply District No. 8-A, Denton County Fresh Water Supply District No. 8-B, Denton County Fresh Water Supply District No. 8-C, Denton County Fresh Water Supply District No. 9, Denton County Fresh Water Supply District No. 10, Denton County Fresh Water Supply District No. 11-An and Denton County Fresh Water Supply District No. 11-B, and any appropriate action. (Briefing 4-27-04)
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 04-0258
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of a Blue Ribbon Task Force to review opportunities and make recommendations for efficiency improvements 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
13. D) Approval of assignment of space on the third floor of the Courthouse-on-the-Square, and any appropriate action. Commissioner, Precinct #4
Move to assign small office space to Commissioner Carter, Precinct Four, by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-025913. I) Approval of any action regarding warrants and how they relate to DPS, the JP Courts and technical requirements. Commissioner, Precinct #2, and any appropriate action. (Briefing 4-27-04)
ACTION POSTPONED
ITEM 14 LEGAL
14. J) Approval of Chapter 381 Tax Incentive Agreement between Denton County, Texas, and Citicorp North America Inc., a Delaware Corporation, and any appropriate action.
POSTPONE ACTION UNTIL MAY 11, 2004
ITEM 13 OTHER DEPARTMENTS
13. J) Approval of Appointment of Election Judges for the May 15, 2004 Corinth Local Option Election and the Denton County Bond Election, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-026013. K) Approve the resurfacing of H. Lively Road with 3” of HMA, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motions withdrawn
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. B) Approval of contract between Denton County and Canyon Lake Ranch, Mgmt. for the Denton County Employee Service Award Event, and any appropriate action. (Briefing 4-27-04)
ACTION POSPONED
14. H) Approval of a) the Project for reconstruction of Chinn Chapel Road from the Town of Copper Canyon’s south limits to Orchid Hill Road located within the Town of Copper Canyon and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Copper Canyon for reconstruction of Chinn Chapel Road from the Town of Copper Canyon’s south limits to Orchid Hill Road located within the Town of Copper Canyon, and any appropriate action.
Move to approve in the amount of $249,234.05 from Better Safer Roads, Precincts 3 & 4 Discretionary Funds by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (White absent for vote)
Court Order 04-026114. I) Approval of the Contract for Engineering Services between Denton County, Texas, and Halff Associates, Inc., for the SH 121 Project from west of Denton Tap Road to east of IH 35 E, pursuant to the executed Local Advanced Funding Agreement with the Texas Department of Transportation, CSJ 3547- 01-008, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0262
ITEM 16 ADDENDA
16. A) Approval of Courthouse on the Square Restoration Project Potential Change Order #2-Refinish wood caps at interior stair, paint ceilings in rooms 221,320, and 324, add time clock and panel for tower and roof lights, and any appropriate action-Facilities Department.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0263
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 a.m.
Court Reconvened in Formal Session 11:35 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 19 ADJOURNMENT 11:36 a.m.
This set of minutes for May 4, 2004, prepared by Senior Administrator Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.