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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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June 22, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 22nd 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, 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 and led in the Pledges of Allegiance to the American and Texas Flags by Jarrett Lemke, Boy Scout Troop 280.
Scout Lemke: Please join me in prayer. Almighty God, our Heavenly Father, bless our country that it may be a blessing to the world. Grant that our ideals and aspirations may be in accordance with Your will, and help us to see ourselves as others see us. Keep us from hypocrisy in feelings or action. Grant us sound government and just laws, good education and clean lives, justice in our relations with one another, and above all a spirit of service which will abolish pride of place and inequality of opportunity. Amen.
ITEM 13 OTHER DEPARTMENTS
13. C) Accept donation of several wooden signs for the Old Alton Bridge Park created by Jarrett Lemke as part of his Eagle Scout Project, and any appropriate action. Commissioner, Precinct #1 (Briefing 6-15-04)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0348
ITEM 17 RECESS 9:12 a.m.
ITEM 18 RECONVENE 9:37 a.m.
ITEM 1 PUBLIC INPUT
Don Alexander, Elections Administrator, requested a presentation/demonstration of an ES&S Auto Mark Voter Assist Terminal for June 29, 2004.
Willie Hudspeth presented a resolution requesting the wording on the Confederate Soldier on the Square be amended.
ITEM 2 CONSENT AGENDA
(Items 6.B, 8.A, 13.E, 14.E pulled for further consideration and/or separate vote. 13.B was pulled at the request of the department.)
PURCHASING
6. A) Approval of renewal of contract for Lawn Maintenance Services, Bid #03-03-1548, to Ryno Landscaping, and any appropriate action. (Briefing 6-15-04)
6. C) Approval of selecting Huitt Zollars, Inc. as the most qualified firm for additional Engineering Services fro FM 407, authority to negotiate a contract, and any appropriate action. (Briefing 6-15-04)
6. D) Approval of specifications and authority to advertise for Bonnie Brae Bridge Replacement, Bid #06-04-1623, and any appropriate action. (Briefing 6-15-04)
6.E) Approval of specifications and the authority to advertise for Delinquent Tax Attorney, RFP #05-04-1622, and any appropriate action. (Briefing 6-15-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101280 for Miscellaneous Court Order Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Order Contingency for Judiciary Court Support in the amount of $24,115, and any appropriate action. (Briefing 6-15-04)
7. C) Approval of Budget Amendment Request #101290 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for the 16th District Court in the amount of $20,000, and any appropriate action. (Briefing 6-15-04)
7. D) Approval of Budget Amendment Request #101300 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 211th District Court in the amount of $99,787, and any appropriate action. (Briefing 6-15-
04)7.E) Approval of Budget Amendment Request #101310 for Court Appointed Attorney including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Compensation Contingency for 367th District Court in the amount of $123,758, and any appropriate action. (Briefing 6-15-04)
7. F) Approval of Budget Amendment Request #101320 for Psychiatric Services including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Order Contingency @ $4,408 and
Workers Compensation Contingency @ $9,202 for 367th District Court for a total amendment of $13,610, and any appropriate action. (Briefing 6-15-04)7. G) Approval of Budget Amendment Request #101330 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Compensation Contingency fro 367th District Court in the amount of #67,130, and any appropriate action.
(Briefing 6-15-04)7. H) Approval of Budget Amendment Request #101340 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 393rd District Court in the amount of $51,690, and any appropriate action. (Briefing 6-15-
04)7. I) Approval of Budget Amendment Request #101350 for Computer Software for County-Wide Technology in the amount of $710, and any appropriate action. (Briefing 6-15-04)
7. M) Approval of Budget Amendment Request #101410 for Vehicle Repairs for Sheriff’s Mental Health Unit in the amount of $1,300, and any appropriate action.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for May 25, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of usage of the parking lots at Mulberry and Carroll as a staging area for a Fourth of July Parade by the City of Denton Police Department on July 3, 2004, Saturday, at 8:00 am, and any appropriate
action. Aide-to-the-Court (Briefing 6-15-04)
LEGAL
14. B) Approval of the Group Agreement between Denton County, as a member of the Public Employee Benefits Cooperative of North Texas (PEBC) and Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation (Formerly Southwest Texas HMO, Inc. d/b/a HMO BLUE ® TEXAS), and any appropriate action. (Briefing 6-15-04)
14. F) Approval (a) the Project for roadway pavement improvements to Long Road from the district property line to Long Road from the district property line to Stuart Road adjacent to and severing the new Denton Athletic Facility/Advanced Career Technology Center and (b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Denton Independent School District for roadway pavement improvements to Long Road, and any appropriate action. (Briefing 6-15-04)
Move to approve Consent Agenda with the exception of Items 6.B, 8.A, 13.B, 13.E & 14.E by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0349
ITEM 6 PURCHASING
6. B) Approval of Recycling Product Procurement and Waste Management Policy, and any appropriate action. (Briefing 6-15-04)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0350
ITEM 8 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.) Howard Redfearn, Intern/County Planning; Jennifer Stout, Deputy Clerk/District Clerk; Leticia Chonay, Officer Support Specialist II/Public Health – Clinical; Monty Anderson, Juvenile Detention Officer/Juvenile Detention; Willie Smith, Juvenile Detention Officer/Juvenile Detention; LaFrances Jenkins-Ewing, Juvenile Detention Officer/Juvenile Detention; Ryan Zanercik, Juvenile Corrections Officer/Juvenile Post Adjudication; Richard Parrott, Service & Lube Technician/R & B Pct. 1 & 2; Steven Copeland, Driver – Equipment Operator/R & B Pct. 1 & 2; David Dingman, Correction Facility Technician II/Law Enforcement Facility; Roger Williams, Detention Officer I/County Jail.
8. A) Move to approve Order Making Appointments except for 8.A-2 by Comm. Jacobs, seconded
by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0351
8. A-2) Move to approve Order Making Appointment 8.A-2, Chad Guest, Quality Control Technician/Public Works – Engineering, by Comm. White, seconded by Comm. Carter.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 04-0352
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
10. D) Approval or any action concerning the reorganization and positions within Engineering, Planning, Facilities or Road & Bridge. Commissioner, Precinct #2
NO ACTION
ITEM 14 LEGAL
14. E) Approval (a) the Project for roadway pavement improvements to Long Road from the district property line to Stuart Road adjacent to and severing the new Denton Athletic Facility/Advanced Career Technology Center and (b) the Interlocal Cooperation Agreement between Denton County, Texas, and the
City of Denton for roadway pavement improvements to Long Road, with $60,000 in funding from the Better Safer Roads Program, Precinct 1 Discretionary Funds account, and any appropriate action. (Briefing 6-15-04)Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0353
ITEM 5 AUDITOR
5. A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS –
GENERAL –
$ 578.00 to Russell Welch, Attorney, incorrect vendor;
$ 175.00 to Life Management Service; incorrect vendor;
P. HEALTH
$ 370.25 to Texas Dept. of Health, duplicate payment;ADDITIONS –
GENERAL –
DA-CPS $ 235.00 to Clerk, Supreme Court, dues for Allison Sartin;
$ 100.00 to Pierce County Sheriff’s Officer, litigation expense;
DA-CIVIL $ 250.00 to Dallas County Sheriff’s Office ($50 payments X 5) for
Litigation Expenses.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0354
ITEM 17 RECESS 10:10 a.m.
ITEM 18 RECONVENE 10:20 a.m.
ITEM 6 PURCHASING
6. F) Presentation and discussion of Contract Award Guidelines for Architectural, Engineering and Surveying Services, and any appropriate action.
ACTION POSTPONED
ITEM 7 BUDGET
7. J) Approval of Budget Amendment Request #101230 for Contract Labor for Economic Development in the amount of $2,000, and any appropriate action. (Formal 6-15-04)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (White nay)
Court Order 04-03557. K) Approval of Budget Amendment Request #101380 for Equipment Maintenance for Courthouse Security in the amount of $3000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-03567. L) Approval of Budget Amendment Request #101400 for Contract Labor for Justice of the Peace, Precinct #1 in the amount of $7,816, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0357
ITEM 13 OTHER DEPARTMENTS
13. D) Approve the appointment of Kathy Hawk Byrom to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0358
ITEM 10 PUBLIC WORKS
10. E) Consideration and any action relating to the Off-system Bridges in Inspection Area #2 Denton County dated September 26, 2003. Commissioner, Precinct #2
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. E) Approval of Grant Proposal Application for CHOS and BSH Museums for City of Denton Hotel Occupancy Tax Funds for Calendar Year 2005 for $93,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0359
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of Change Order #1 to the Contract between Denton County, Texas, and Sutton & Associates for Shady Shore Road Project for additional funding in the amount of $52,874.25, for a total contract amount of $906,787.02, with funding from the Better Safer Roads Program, Precinct 1
Discretionary Funds account, and any appropriate action. (Briefing 6-15-04)Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-036014. G) Approval of Amendment #1 to the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Northlake for construction improvements to Robson Ranch Road, formerly named Crawford Road, and any appropriate action. (Briefing 6-15-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-036114. H) Approval of Lease Purchase Schedule No. 608 with attachments, and exhibits between Denton County and Dell Financial Services, L.P., and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0362
ITEM 16 ADDENDA
16. A) Approve memorandum of Understanding and Contracted Services Contract between Texas State University-San Marco and Denton County for Synar Survey Services by the Denton County Sheriff’s Office and any appropriate action. Civil DA/Sheriff
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0363
ITEM 17 RECESS 10:40 a.m.
ITEM 18 RECONVENE 11:10 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 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 ACTION15. D) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc.
Approve Court authorization to proceed with litigation against General Motors and the related Dealerships by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-036415. E) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Canyon Lake Ranch, Mgmt.
Move to approve that Canyon Lake Ranch has defaulted on its contract and approve rescission of their contract by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-036516. C) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Town of Flower Mound, Texas v. Upper Trinity Regional Water District, Cause #2004-30156-211,
pending in the 211th Judicial District Court of Denton County, Texas. DA/Civil Division
NO ACTION
16. D) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Jose A. Morataya and Maria D. Morataya Claim. DA/Civil Division
Move to assign to Criminal District Attorney, Civil Division, by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-036616. E) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); James R. Henson and Ann E. Henson, Plaintiff vs. Terry Henrie and Cynthia Henrie, and Denton County, Texas, Defendants, Cause #2003-40114-362, pending in the 362nd Judicial District Court of Denton County, Texas. DA/Civil Division
Move to approve settlement agreement & acceptance of the dedication by the parties of the portion of Hilltop Road as described in the survey included in the Settlement Agreement documents by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0367
ITEM 16 ADDENDA
16. B) Approval of award of the Denton County Employee Service Award Event to Circle “R Ranch., and any appropriate action. DA/Civil Division
Move to approve award and a date for the event as Sunday, October 24, 2004, by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0368
ITEM 19 ADJOURNMENT NOON
This set of minutes for June 22, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.