Denton County Commissioners Court Denton County Pre-Trial Facility 1406 Troy H. LaGrone Drive, Denton, Texas * * * * * Formal Agenda Minutes
Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.

June 15, 2004

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 15th day of June, 2004, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton 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 John Cooper, CEA – Horticulture, Texas Cooperative Extension, followed by the Pledges of Allegiance to the American and Texas Flags led by Michael Schwind, Bartonville 4-H.

Mr. Cooper: Gracious Heavenly Father, we thank You for the blessings of liberty. We thank You for our troops and their serving Your cause and the freedom that we enjoy throughout the world. Help us to be firm and committed in our resolve to free and deliver the blessings of liberty to all of Your people across the earth, that they may enjoy the rich abundance that has made our Country great. Let us -- in the -- the deliberations today, make us good stewards of your resources. In Christ's name we pray. Amen.

ITEM 1 PUBLIC INPUT

John Cooper, Texas Cooperative Extension, introduced the Denton County 4-H Wildlife Habitat Evaluation Team.
Willie Hudspeth continued his quest to bring water to the Confederate Statue on the square.

ITEM 17 RECESS 9:18 a.m.
ITEM 18 RECONVENE 10:20 a.m.

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of Payroll.

BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.

7. C) Approval of Budget Amendment Request #101260 for various line items for Public Health-Clinical in the amount of $9,200, 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.) Jared Stroman, Detention Officer I/County Jail; John Moore, Detention Officer I/County Jail; Barry Sullivan, Detention Officer I/County Jail; Joseph Mitchell, Detention Officer I/County Jail; Christopher Johnson, Detention Officer I/County Jail; Michael James, Detention Officer I/County Jail; Barry Acfalle, Detention Officer I/County Jail; John Kircher, Detention Officer I/County Jail; Juan Rubaicava, Detention Officer I/County Jail; Jeromy Smith, Detention Officer I/County Jail; Steven Flanagan, Sergeant. – Detention Training Methods; Chad Graham, Sergeant – Detention/County Jail; Aaron Sandoval, Detention Officer I/County Jail; Melissa Arroyos, Detention Officer II – Medical/Jail Health; Valerie Young, Detention Officer I/County Jail; Ron Barnes, Heavy Equipment Operator/R & B 1 & 2; Drew Graham, Deputy Clerk/District Clerk; Priscilla Rodriguez, Nutrition Technician – WIC/Administration; Cara Kemmitz, Deputy Clerk – Courts/County Clerk; Matthew Sinclair, Juvenile Corrections Officer/Juvenile Post Adjudication; Brent Bowen, Misdemeanor Prosecutor I/Criminal District Attorney; Casey Easley, Misdemeanor Prosecutor II/Criminal District Attorney.
COUNTY CLERK
11, A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for May 18,
2004, and any appropriate action.

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0329

ITEM 5 AUDITOR

5. A) Approval of Bill Report, Acceptance of Monthly Financial Report for April 2004. (Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETION –
PUBLIC HEALTH – $ 187.00 to Cook Children’s Medical Center, per department;

ADDITIONS –
GENERAL –
NON-DEPT. $ 34,800.00 to Kim Paton, Settlement;
$ 11,600.00 to Kendra Karlock, Settlement;
$ 11,600.00 to Robison & Robison, Settlement;
CIVIL DA $ 10.00 to Chris Youngkin, litigation expense.

Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0330

ITEM 6 PURCHASING

6. A) Approval of specifications and authority to advertise for Credit Card Services for Tax Payment, RFP #04-04-1615, appointment of Evaluation Committee to include Steve Mossman, James Wells and Beth Fleming, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0331

ITEM 7 BUDGET

7. B) Approval of Budget Amendment Request #101230 for Contract Labor for Economic Development in the amount of $2,000, and any appropriate action. (Briefing 6-4-04)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Withdrawn
ACTION POSTPONED

7. D) Approval of Budget Amendment Request #101270 for Vehicle Repairs including the transfer of funds from Non-Departmental Unappropriated Contingency-Vehicle Repair Contingency for Constable, Precinct #2 in the amount $5,620, and any appropriate action.

Move to approve and ask Constable, Pct. 2, if he would be willing to a partially reimburse Vehicle Contingency from two of his line items by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0332

7. E) Approval of Budget Amendment Request #101360 for Claims and Judgments including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Compensation Contingency for Non-Departmental in the amount of $58,000, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0333

ITEM 8 HUMAN RESOURCES

8. B) Approve reclassification of RN position to a Juvenile Health Supervisor position, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0334

ITEM 10 PUBLIC WORKS

10. E) Approve the acceptance of all roads within Battle Creek Estates (as per the final plat filed in the County Clerk’s office January 10, 2001), the roads to be maintained are as follows: Austin Circle, 7,256, and any appropriate action. Public Works/Engineering Division

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0335

ITEM 12 SHERIFF

12. A) Approval of request to accept continuing grant funding in the amount of $418,738.00 from the Governor-Criminal Justice Division Law Enforcement Programs for the North Central Texas Narcotics Task Force grant year 2004-1005, and authorizes issuance of a resolution stating same, and any appropriate
action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0336

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of name for the government center to be constructed in the Town of Flower Mound, said government center to be formally named “Pct. 4 Government Center and rename the Road and Bridge facility located in Argyle, Texas as the “West Denton County Road & Bridge Facility”, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0337

13. B) Approval of the re-appointment of Ms. Earlean Murphy as one of the Denton County representatives on the North Central Texas Workforce Development Board, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0338

13. C) Approve the appointment of Dr. William F. King to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0339

ITEM 14 LEGAL

14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14. B) Approval of (a) the Construction Bond in the amount of $191,274.00, by Avondale Ranch, Ltd. For the Guy James Ranch Phase I Subdivision and (b) the Final Plat for Guy James Ranch, Precinct #4, and any appropriate action. (Formal 6-1-04)

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0340

14. C) Approval of terminating the Failure to Appear contract with the Texas Department of Public Safety in which the Department vendor is OmniBase Services, Inc. approved by the Court on May 27, 2003 and authorizing the Civil Division of the Criminal District Attorney’s Office to provide written notice of termination of said contract to the Department of Public Safety, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0341

14. D) Approval of (1) the Subscription of Plan Amendment for State/Local Government and (2) the Selective Plan Amendment for State/Local Government between Denton County, Texas, and LexisNexis, a division of Reed Elsevier, Inc., for the Denton County Criminal District Attorney’s Office, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0342

ITEM 16 ADDENDA

16. A) Consideration for the planning and expenditures concerning all the items for the ceremonial opening of the Courthouse on the Square and any appropriate action. Commissioner, Pct. 2.
NO ACTION – BRIEFING STANDING ITEM

16. B) Consideration and any action relating to the Off-System Bridge in Inspection Area # 2 Denton County dated September 26, 2003 – Commissioner, Pct. 2.
NO ACTION

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 11:20 a.m.
Court Reconvened in Formal Session 1:46 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 pursuant to Section 551.071 (1)(A), Government Code; Bert Gibbs v. Windle, et al., in the United States District Court for the Eastern District of Texas Sherman Division, Case No: 04cv77.
NO ACTION

15. E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Bert Gibbs v. Sheriff Weldon Lucas, in the16th Judicial District Court of Denton County, Cause #
2004-10149-16.

Move to assign to Criminal District Attorney, Civil Division, Counsel to the Sheriff, by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0343

15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); GLENDA GRAVELY v. COUNTY OF DENTON, TEXAS; Cause No. 4:04CV162, pending in the United States District Court, Eastern District of Texas – Sherman Division.

Move to assign to Criminal District Attorney, Civil Division, by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0344

15.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, in Probate Court of Denton County, Texas.
NO ACTION

15. I) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County Bail Bond Board v. Farmers & Merchants State Bank.

Move to approve a settlement as offered by Farmers & Merchants State Bank and as endorsed by the Bail Bond Board, by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-1-1 (Mitchell nay & Carter abstained)
Court Order 04-0345

15.H) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claims by Kim Paton and James Paton.

Move to approve a settlement to be paid to claimant Kim Paton as recommended by Criminal District Attorney, Civil Division, by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0346

15. J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the evaluation, duties, and discipline of a public employee, Public Works Planning Manager.

15. K) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the evaluation, duties, and discipline of a public employee, Public Works Engineering Director.
NO ACTION

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 17 RECESS 1:52 p.m.
ITEM 18 RECONVENE 2:30 p.m.

ITEM 10 PUBLIC WORKS

10. D) Approval or any action concerning the reorganization and positions within Engineering, Planning, Facilities or Road & Bridge. Comm. Pct #2 – DISCUSSION OF THIS ITEM BEGINS ON PAGE 75

Move to leave the position of Administrative Assistant/Planning in the Planning Dept. with a funding change to reflect a percentage of time – 25% - being spent working with R & B Pcts. 3 & 4 so that 25% of the Assistant’s salary would be paid from Road & Bridge funds by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White, nay)
Court Order 04-0347

ITEM 19 ADJOURNMENT 4:10 p.m.

This set of minutes for June 16, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.