 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 29th day of June, 2004, at 9:03 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 Jack Dyer, Public Works/Engineer, followed by the Pledges of Allegiance to the American and Texas Flags led by Willie Hudspeth, Denton, Texas.
Mr. Dyer: Dear Heavenly Father, we come before You, the great and mighty God, that is our God, the God of our nation, the God of our fathers, the God that will lead us to victory in anything that we face, the God who loves us when we fail. God, you are so great. There is none like You in all the universe. There is nothing like You in the universe. You made us. You knew us when we were just an imaginative dream. Father, our nation needs You so desperately. We need You to put Your hands of mercy upon us and upon the world at large. Father, if the world could come to know that You, alone, are God, there would be peace in the world. There would be goodness in the world. Father, we know that there is no God like You. Your name is El Shadi, Adeni, God most high, God who provides, God who gives strength and mercy to His people, the God who looks upon the land and sees the needy, who sees the great. And he is the owner and the father of them both. Father, humble us before You. Let the nations know they are but men. Let them know but they are human beings and that they are fallible, and that they are breakable, and -- but they are repairable, but only through the grace and the love and the mercy that is You, God. God, give us leaders who would lead over us who would direct us and guide us in truth, in goodness, in mercy, in love, in leadership and in the steadfast confidence in You. Let there be no other God in this land save You. Let there be truth and kindness and love among the people of this nation. Let us return to You, Father. Forgive us our sins. Call us Your people again, Father. In the name of Your son, we pray. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth questioned the court about why his four-year quest to bring water to the Confederate Soldier on the Square cannot be accomplished – it is simply a plumbing problem. He continues to gather signatures on his petition and also for the resolution requesting the word Confederacy be removed from the statute.
Comm. White announced Judge Horn’s birthday.
ITEM 13 OTHER DEPARTMENTS
13. A) Approve or Deny to Call Local Option Election – Town of Clark for “the Legal Sale of All Alcoholic Beverages for Off-Premise Consumption Only” on September 11, 2004 at Clark Town Hall, 5413 Tim Donald Road, Clark, Texas, Denton County; to designate the Elections Office 401 West Hickory, Denton, Texas as the main voting site, that early voting will begin August 25, 2004, that early voting will be conducted from August 24, 2004 thru September 7, 2004; to designate the Clark Town Hall as a branch
location with voting hours the same as the Clark Town Hall working hours; the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202, and any appropriate action. Elections Administration (Briefing 6-22-04)
ACTION POSTPONED13. D) Approval of any appropriate action for the floor plan design for the Food Lion Facility. Facilities
ACTION POSTPONED
ITEM 2 CONSENT AGENDA
(Item 11. A was pulled for a correction.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval to accept the donation of 60 feet of metal shelving and 6 florescent lights from the City of Denton to Road & Bridge-West, and any appropriate action. (Briefing 6-22-04)
6. B) Approval of report on proceeds from Surplus On-Line Auction Sale #04-04-1611 held May 12-28, 2004, and any appropriate action. (Briefing 6-22-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101390 for Contract Labor for County Planning in the amount of $3,223, and any appropriate action. (Briefing 6-22-04)7. D) Approval of Budget Amendment Request #101420 for various line for Road & Bridge, Precinct #1 in the amount of $5,582, and any appropriate action.
7. E) Approval of Budget Amendment Request #101430 for Tires and Tubes for License & Weights in the amount of $1,100, and any appropriate action.
7. F) Approval of Budget Amendment Request #101440 for Gasoline for Constable, Precinct #2 in the amount of $1,153, and any appropriate action.
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.) Barbara Mayfield, Juvenile Detention Officer/Juvenile Detention; Jason Simon, Legal Intern/Child Abuse Prosecution Grant; Jonathan Whited, Detention Officer II – Medical/Jail Health; Dwain Darnell, Correction Facility Tech I/Pre-Trial Facility; Sammy Raymond, Correction Facility Tech I/Pre-Trial Facility; Jarod Thompson, Detention Officer I/County Jail; Curtis Watkins, Detention Officer I/County Jail; Johnny Hammons, Sr., Detention Officer I/County Jail; Manuel Trevizo, Officer Support Specialist II/Environmental Health; Amber Wilson, WIC – Clinical Professionals/WIC – Administration; Woren Keith Williams, Mechanic – Welder/R & B Pcts. 1 & 2; Sam Hammerschmidt, Detention Officer I/County Jail.
ITEM 11 COUNTY CLERK
11. B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for June 4, 2004, and any appropriate action.
LEGAL
14. C) Approval of Amendment #2 to Contract #582-2-55082-05, between Denton County, Texas and the Texas Commission on Environmental Quality (TCEQ) formerly known as the Texas Natural Resource Conservation Commission (TNRCC) for the AirCheck Texas Repair and Replacement Assistance Program, and any appropriate action. (Briefing 6-22-04)
14. D) Approval of the Resolution approving the Fiscal Year 2005 Financial Plan of DENCO Area 911, and any appropriate action. (Briefing 6-22-04)
Move to approve with the exception of Item 11.A by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0369
ITEM 11 COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for June 1, 2004, and any appropriate action.
Move to approve as corrected by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0370
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.)CORRECTIONS –
GENERAL –
$ 575.00 to Daniel Kossman, Atty., incorrect amount – issue for $500;
$ 133.33 to Hayes, Coffey & Berry, incorrect amount – issue to J.Beck.ADDITIONS –
GENERAL –
DA $ 460.00 to Double Tree Hotel, lodging for Casey Easley;
Emerg.Mgt $ 395.00 to Intl. Assoc. of Fire Chiefs, Registration Fee for J. Florentino; CW Tech $ 7,500.00 to Technical Concepts, Wireless Site Survey; JUV – $ 160.00 to Patrick Ruehle, DDS – dental; WIC
$ 28.19 to SBC Long Distance for services; 99 Road Cnst. $375,431.40 to Sutton & Assoc. for App. #2 – Shady Shores Dr. Paving.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0371
ITEM 6 PURCHASING
6. C) Presentation and discussion of Contract Award Guidelines for Architectural, Engineering, and Surveying Services, and any appropriate action. (Formal 6-22-04)
NO ACTION – REMOVE FROM AGENDA UNTIL FURTHER NOTICE
Discussion of item included in Commissioners Court Transcript attached to minutes. (Page 44)6. D) Approval of award of bid for HVAC Full Service Maintenance Agreement, Bid #05-04-1619, to TMC Service Company for $55,704.00, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0372
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #101370 for Salary, Department Heads for County Operations in the amount of $84,080, and any appropriate action. (Briefing 6-22-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0373
ITEM 10 PUBLIC WORKS
10. B) Approve internal procedures for the workings between the Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
NO ACTION10. 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
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. B) Approve the appointment of Gloria Villanueva Anderson to the Denton County Historical Commission, and any appropriate action. Aide-to-the-Court
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-037413. C) Approve a 90-day extension of the Juvenile Accountability Block, grant received through the Governor’s office previously approved by the Court; this extension would allow an additional data collection period for the Risk Assessment Instrument that is being administered to juveniles arriving at the
Juvenile Detention Center; the instrument is designed to address Disproportionate Minority Contacts of juveniles in Denton County, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0375
ITEM 14 LEGAL
14. B) Approval of the Interlocal Cooperation Agreement for Property Tax Collection between (1) Denton County Fresh Water District, No. 8-C and Denton County, Texas; (2) Highland Village and Denton County, Texas; (3)The City of Pilot Point and Denton County, Texas; (4) The City of Argyle and Denton County, Texas; (5) The City of Ponder and Denton County, Texas; (6) Denton Independent School District and Denton County, Texas; and (7)Aubrey Independent School District and Denton County, Texas, and any appropriate action. (Briefing 6-22-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-0376
ITEM 16 ADDENDA
16. A) Approval of the Memorandum of Understanding between Denton County, Texas Health Department and Ben E. Keith Beers, of Denton, Texas for the provision of storage and staging warehouse space to be used for storage and staging warehouse space to be used for strategic national stockpile materials. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0377
ITEM 17 RECESS 10:13 a.m.
ITEM 18 RECONVENE 10:25 a.m.
ITEM 1 PUBLIC INPUT
Comm. Carter announced that Rachel Crowe, G.I.S. Coordinator, County Planning/Public Works, attained her Masters Degree and will be getting married.
ITEM 17 RECESS 10:26 a.m.
ITEM 18 RECONVENE 10:50 a.m.
ITEM 10 PUBLIC WORKS
10. D) Approval or any action concerning the reorganization and positions within Engineering, Planning,
Facilities or Road & Bridge. Commissioner, Precinct #2
NO ACTION – POSTPONED FOR 7-20 MEETING10. E) Consideration and any action relating to the Off-system Bridges in Inspection Area #2 Denton County dated September 26, 2003. Commissioner, Precinct #2 (Formal 6-22-04)
NO ACTION10. 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 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 11:55 a.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. 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.
15. D) Consultation with Attorney: Texas Government Code, Section 551.071 (2); City of Denton ETJ ICA.
NO ACTION16. B) EXECUTIVE SESSION – Personnel Matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the evaluation, duties, discipline, and/or termination of a public employee, Public Works Engineering Director. DA/Civil Division
Move to accept the written resignation of Jack Dyer, Engineer/Public Works, effective close of business June 29, 2004 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Horn nay)
Court Order 04-037816. C) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Tammy Romeo Claim for damages. DA/Civil Division
Move to authorize Comm. Carter and the Criminal District Attorney, Civil Division, to begin the process of retaining services of an independent engineering firm to remedy and supervise completion of drainage work at Chinn Chapel by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0379
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
Move to authorize the Criminal District Attorney, Civil Division, and the Purchasing Department to do a comparative analysis of the qualifications of the engineering firms to recommend one to court by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0380
ITEM 19 ADJOURNMENT 4:00 p.m.
Minutes for June 29, 2004, prepared by Deputy Clerk Kathleen Bransford, reviewed by County Clerk Cynthia Mitchell.