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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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May 18, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 18th day of May, 2004, at 9:07 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, 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, Citizen, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath, liaison to the Denton County Historical Commission.
Mr. Brewer: Let us be in an attitude of prayer. Father God, we honor You as the maker of all things and the source of all goodness and constancy. Not only are You the Lord of all beginnings, but also the Lord of renewal. Let us praise you today as we enjoy the renewal of this courthouse, fit once again to carry on the business of the people of Denton County. We ask Your wisdom in the deliberations and decisions of this Commissioners Court. And we ask for Your protection and blessing on those serving at home and abroad to protect and guard the freedoms we cherish and enjoy today. We ask these things of you in a sense of renewal and praise. In the name of Jesus Christ. Amen.
ITEM 13 OTHER DEPARTMENTS
13. B) Approve the acceptance of the donation of labor and materials to complete the transition of Janis Lane, and any appropriate action. Commissioners Court (Formal 4-13-04)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-027913. B) Approval of Library Funding Policy, and any appropriate action. County Judge
NO ACTION
ITEM 16 ADDENDA
16. C) Approve reconsideration of the renewal of the Addressing Service Agreement contract with the DENCO Area 911 District, for a renegotiated fee and to include digital orthophotography, for FY2005, and any appropriate action. DA/Civil
NO ACTION
ITEM 17 RECESS 12:16 p.m.
ITEM 18 RECONVENE 2:00 p.m.
ITEM 2 CONSENT AGENDA
(Items 11.B & 14.C pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award of bid #01-04-1595, Surface Treatment Aggregate (Type D, Grade 3 and 4) to Martin Marietta for Grade 3 and Burton Trucking for Grade 4, and any appropriate action. (Briefing 5-11- 04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101050 for Election Supplies and Legal ads including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for the Elections Department in the amount of $63,404, and any appropriate action. (Briefing 5-11-04)
7. C) Approval of Budget Amendment Request #101120 for Training & education for Criminal District Attorney in the amount of $4,000, and any appropriate action.
7. D) Approval of Budget Amendment Request #101160 for Office Supplies for County Clerk in the amount of $3,002, 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.) Donna Capestany, Deputy Clerk/District Clerk; Debra Wilson, Deputy Clerk II – Courts/County Clerk; Kimberly Kox, Deputy Clerk – Courts/County Clerk; Chaitanya Mandava, Intern/County Planning; Bryan Stricklin, Driver – Equipment Operator/R & B Pcts. 3 & 4; Keith Burkholder, Driver – Equipment Operator/R & B Pcts. 3 & 4; Jamie Ramos, Court Clerk/JP #3; Nardi Reaves, District Court Reporter/16th District Clerk; Richard Carlson, Detention Officer 1/County Jail; Carolyn Bonner, Detention Officer II/County Jail; Tiffany Craig, Detention Officer I/County Jail; Kristi Daberkow, Detention Officer II/County Jail; Gary Hall, Detention Officer II/County Jail; Melinda Hunter, Detention Officer II/County Jail; Mary Martin, Detention Officer II/County Jail; Ricky Addis, Detention Officer II/County Jail; Casey Finke, Deputy – Mental Health Unit/Sheriff’s Department; D.F. Kathe, Deputy Sheriff-Transport/County Jail; Trent Patton, Juvenile Detention Officer/Juvenile Detention.
HEALTH
9. A) Approval of Interlocal Agreement between the Denton County Health Department and Northwest Independent School District for public health preparedness, and any appropriate action. (Briefing 5-11-04)
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for April 27, 2004, and any appropriate action.
SHERIFF
12. A) Approve Tobacco Compliance Grant Application, and any appropriate action. (Briefing 5-11-04)
LEGAL
14. B) Approval by the Commissioners Court to exercise the option to renew, for one additional year, the Agreement between Gila Corporation, d/b/a Municipal Services Bureau, a Texas Corporation and Denton County, Texas for the collection of delinquent court fines, and any appropriate action. (Briefing 5-11-04)
14. D) Approval of the Interlocal Cooperation Agreement for Ambulances between Denton County, Texas and the City of Carrollton, and any appropriate action. (Briefing 5-11-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0 (Carter absent for vote)
Court Order 04-0280
ITEM 14 LEGAL
14. C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Carrollton, and any appropriate action. (Briefing 5-11-04)
REPOST
ITEM 11 COUNTY CLERK
11. B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for May 4, 2004, and any appropriate action.
Move to approve as corrected by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0281
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 FROM GENERAL –
$ 600.00 to Governmental Collections, incorrect vendor;
$ 400.00 to Jerry Parr, Attorney, incorrect vendor;
$ 400.00 to SWAAG Conference Registration, incorrect vendor;ADDITIONS TO –
Gen $ 3,750.00 to Burdin Mediators, mediation services for DA;
TNCP $ 1,369.28 to Denton County Sheriff’s Office, reimburse Imprest Fund.Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0282
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 any Transportation Road Improvement Program – 2004 (TRIP-04) bond election. County Judge.
NO ACTION
13. D) Approve the appointment of Commissioner Bobbie J. Mitchell to the North Central Texas Council of Governments 2004-2005 Executive Board and any appropriate action. County Judge.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-028313. E) Approval of Cathy Allcorn as Chairman of the Drilling/Land Development Committee and appointment of Kelly Zwinggi to the Drilling/Land Development Committee effective May 21, 2004, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-028413. F) Approval of Potential Change Order #2 for 2003 Tax Notes Roof Repairs by Garnite Roofing Corporation, and any appropriate action. Facilities Department
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0285
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. E) Approval of contract between Denton County and Canyon Lake Ranch, Mgmt. for the Denton County Employee Service Award Event, and any appropriate action. (Formal 5-4 & 11-2004)
ITEM PULLED
14. F) Approval of the Permanent Slope Easement between Denton County, Texas and Rebecca Elaine Barr Trust I and II and Cynthia Ragan Adams Trust I and II for Boyd Road Project, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-028614. G) Approval of Amendment #1 to the Local Project Advanced Funding Agreements (LPAFA) between Denton County, Texas, Denton Independent School District (Denton ISD) and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the Preservation and Adaptive Use of a Historic Bridge Off the State System (Three-Party) for Rector Road at Clear Creek, CSJ 0918-24-141, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-028714. H) Approval of Amendment #5, to Contract #720056, between Denton County, Texas, and the Office of the Rural Community Affairs for the Swisher Road Water Grant, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0288
ITEM 16 ADDENDA
16. A) Approve the appointment of Larry Smith to the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-028916. B) Approval of the Non-Binding Resolution of the Denton County Commissioners Court adopting support for a Tax Abatement for Edward Don & Company and any appropriate action. DA/Legal Division
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-029016. D) Approval of (1) the Perpetual Software License Agreement and (2) the Software License Schedule between Denton County, Texas and SPSS, Inc., and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0291
ITEM 17 RECESS 2:31 p.m.
ITEM 18 RECONVENE 2:44 p.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 2:45 p.m.
Court Reconvened in Formal Session 3:50 p.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. 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.
15. D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Kenneth W. Kirkland and Kassidy Kirkland, Plaintiff, v. Denton County, Texas, Defendants, Cause #2004-20126-158 pending in the 158th Judicial Court of Denton County, Texas.
15. E) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Claim by Kim Paton.
15. F) Consultation with Attorney: Contemplated Litigation and discussion of possible settlement, Texas Government Code, Section 551.071 (1)(B); Matthew Hanrahan.
NO ACTION
ITEM 16 ADDENDA
16. E) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Jorge L. Quintanta, Sr., v. Denton County, Texas and Snelling; Case No. 4:04CV85, pending in the United States District Court, Eastern District of Texas and discussion of possible settlement, Texas Government Code, Section 551.071 (1)(B). DA/Civil Division
Move to authorize Criminal District Attorney, Civil Division, to offer a proposed settlement Agreement the conclusion of which will come back to Commissioners Court for approval by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0 (Carter absent)
Court Order 04-0292
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
REPOST
ITEM 19 ADJOURNMENT 3:52 P.M.
This set of minutes for May 18, 2004, prepared by senior administrator Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.