Denton County, Texas, Seal

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.


August 24, 2004

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 24th day of August, 2004, at 9:04 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 Bob Garsee, Chaplain for the Denton County Sheriff’s Office, followed by the Pledges of Allegiance to the American and Texas Flags led by Amy Phillips, Director of Human Resources.

Mr. Our Father and our God, we thank You for the privilege that we could come before You this morning and, Heavenly Father, lift up Your precious name. And I thank You for Denton County, that always looks to You for the needs before they begin their business. I thank You for these Commissioners and for Judge Horn, Heavenly Father, that honors You in their decisions. And I lift them up to You that the decisions that will be made would be looked deep into. And, Father, that You would lead and guide and direct and correct. And what a privilege it is that we can come this morning and start the day off in prayer to You and honoring You. And we pray this in the strong name of Jesus and for His sake. Amen.

ITEM 1 PUBLIC INPUT

ITEM 17 RECESS 9:08 a.m.
ITEM 18 RECONVENE 10:25 p.m.

ITEM 16 ADDENDA

16. C) Approval of Proclamation on the Crisis in Sudan-Commissioner Precinct #1.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 04-0520

ITEM 2 CONSENT AGENDA

AUDITOR

5. B) Approval of the Denton County Jail Commissary Audit Report for the Year ended December 31, 2003, and any appropriate action. (Briefing 8-17-04)

TREASURER

5. C) Approval of payroll.

PURCHASING

6. B) Approval of renewal of bid for Vehicle Parts, Bid #07-03-1573, to Napa Auto Parts for Sections 1, 3, 4, 5, 6, and 7 and O’Reilly Auto Parts for Section 2, and any appropriate action. (Briefing 8-17-04)

6. C) Approval to declare miscellaneous vehicles, computer/printer equipment, furniture and office equipment as surplus, to place items in On-line Auction, Sale #07-04-1629 to be held in September 2004, advertise, and any appropriate action. (Briefing 8-17-04)

6. D) Approval of use of excess 2004 Tax Note funds for the purchase of a Commercial Grade Carpet Extractor for the Pre-Trial Center for $2,150.00, and any appropriate action. (Briefing 8-17-04)

6. E) Approval of specifications and authority to advertise for Janitorial Paper Products, Bid #07-04-1628, and any appropriate action. (Briefing 8-17-04)

BUDGET

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

7. B) Approval of Budget Amendment Request #101950 for Contract Labor for County Planning in the amount of $5,792, and any appropriate action. (Briefing 8-17-04)

7. C) Approval of Budget Amendment Request #101960 for Contract Labor for County Planning in the amount of $1,287, and any appropriate action. (Briefing 8-17-04)

7. D) Approval of Budget Amendment Request #101970 for Contract Labor for Road & Bridge, Precinct #3 in the amount of $9,996, and any appropriate action. (Briefing 8-17-04)

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.) Jason McCall, Corporal-Patrol/Sheriff; Will Rogers, Lieutenant-Training/Sheriff; Patricia Lee, Detention Officer I/County Jail; Roxanne Bell, Detention Officer I/County Jail; Nathan Ervin, Detention Officer I/County Jail; Don Click, Network Manager/Information Services; Erick Rojas, Juvenile Detention Officer/Juvenile Detention; Troy Thompson, Juvenile Detention Officer/Juvenile Detention; James Osborne, Heavy Equipment Operator/R & B Pcts. 3 & 4; Suzanne Fullington, Administrative Specialist II/County Treasurer; Retha Modester, Deputy Clerk – Motor Vehicle/Tax Assessor/Collector; Edy Jacinto, Office Support Specialist II/Immunization Grant; Kathy Torralba, Office Support Specialist II/Public Health – Clinical.

HEALTH

9. A) Approval of a contract attachment to our Texas Department of Health contract for Office of Public Health Practice funding, and any appropriate action. (Briefing 8-17-04)

LEGAL

14. B) Approve Tobacco Grant Acceptance Agreement and Compliance Standards regarding the one-time Grant from Texas State University – San Marcos and Denton County for Synar Survey Services by the Denton County Sheriff’s Office, and any appropriate action. (Briefing 8-17-04)

14. C) Approve Addendum #2 to Food Service Contract with Mid-America Services, Inc. for food services to the Denton County Jail and the Denton County Juvenile Detention Facility, and any appropriate action. (Briefing 8-17-04)

14. D) Approval of the Agreement to Provide Medical Services between The University of Texas Medical Branch at Galveston and the County of Denton, and any appropriate action. (Briefing 8-17-04)

14. E) Approval of the 2004-2005 Magistrate Agreement between Denton County, Texas and Judge Robin Ramsay, and any appropriate action. (Briefing 8-17-04)

14. F) Approval of Change Order #1 to the Contract Agreement between Denton County, Texas, and Sunmount Corporation, Bid #01-04-1593 in the amount of $18,832.21, for a total contract amount of $304,728.21, for the Intersection Improvements for US Hwy. 380 at Jackson, Nail and Eagan in Denton County, Texas, and any appropriate action. (Briefing 8-17-04)

14. G) Approval of the Interlocal Cooperation Agreement for Property Tax Collection between (1) the City of Lewisville and Denton County, Texas; (2) the City of Sanger and Denton County, Texas; (3) Clear Creek Watershed Authority and Denton County, Texas; (4) Denton County Fresh Water Supply District, No. 6 A and Denton County, Texas; (5) Denton County Fresh Water Supply District No. 6 Addendum; (6)Denton County Fresh Water Supply District No. 8-B and Denton County, Texas; (7) Denton County Fresh Water Supply District, No. 9 and Denton County, Texas; (8) Denton County Fresh Water Supply District No. 9 Addendum; (9) Denton County Fresh Water Supply District No.10 and Denton County, Texas; and (10) Denton County Fresh Water Supply, No. 10 Addendum, and any appropriate action. (Briefing 8-17-04)

14. H) Approval of correction of employee’s dependant care spending account election, and any appropriate action. (Briefing 8-17-04)

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 04-0521

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.)

ADDITIONS –
GENERAL -
$10,000.00 to U.S. Postmaster, Postage – Mail Room;
Misc. $ 3,521.89 to AT&T Wireless, services - Const. Pct. 2, L&W, S.O. & I.S.;
Civil DA $ 385.00 to Univ. of Houston Law Foundation, reg. fee/Brody Shanklin;
TNCP $ 427.72 to Chevron for gasoline.

Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0522

ITEM 6 PURCHASING

6. A) Approval of award of Delinquent Tax Attorney, RFP #05-04-1622, to McCreary, Veselka, Bragg & Allen, P.C., and any appropriate action. (Briefing 8-17-04)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0 (Mitchell absent for vote)
Court Order 04-0523

ITEM 8 HUMAN RESOURCES

8. B) Approve the amendment of Denton County’s 457 Plan for Deferred Compensation to allow plan participants to take loans from their accounts, and any appropriate action. (Briefing 8-17-04)

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0524

8. C) Approval of revision to the Salary Administration Guidelines to allow all of the Elected Officials and Department Heads to utilize employee attritions to hire new employees early and any appropriate action. (Briefing 8-10-04; Formal 8-17-04)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 1-4-0

8. D) Approve a correction of the effective date of the Director of Administration’s salary adjustment to August 24, 2004, and any appropriate action.

Move to approve with job description brought forward and approved at next meeting by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-0525

ITEM 10 PUBLIC WORKS

10. G) Approve the Final Plat of Braewood Bay, Precinct #1, and any appropriate action. Planning Department

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0526

ITEM 16 ADDENDA

16. B) Approval of the Escrow Agreement between Denton County, Texas and Elaine
Torres for the final plat approval of Braewood Bay Subdivision.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0527

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of Urban Counties TechShare Project Addendum-CIJS Phase III and Resolution, and any appropriate action. Information Services (Briefing 8-17-04)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0528

13. B) Approve the Agreement between the City of Denton and Denton County, Texas Providing for Payment and Use of Hotel Tax Funds for the Courthouse-on-the-Square Museum and the Bayless-Selby House Museum, and any appropriate action. CHOS Museum

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0529

13. C) Approve the reappointment of Jack Miller to the DENCO 9-1-1 Board, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0530

ITEM 14 LEGAL

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

14. I) Approval of the Interlocal Cooperation between Denton County, Texas and the Denton Central Appraisal District for collection of penalties on late renditions of personal property, and any appropriate action. (Formal 8-17-04)

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0531

14. J) Approval of the Service Work Order with Now Solutions, LLC’s Professional Services and Denton County, Texas to provide emPath Technical consulting for deploying the Employee Self Service module, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0532

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 11:30 a.m.
Court Reconvened in Formal Session 11:52 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: Pending Litigation: Texas Government Code, Section 551.071 (1)(A); Denton County. V. Tarrant County, pending in the Supreme Court of Texas.

16. A) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Glenda Gravely v. County of Denton Texas; Clause No. 4:04CV162, pending in the United States District Court, Eastern District of Texas-Sherman Division.
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 related to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2

10. D) Approval of any action concerning the reorganization and positions within Engineering, Planning, Facilities or Road & Bridge. Commissioner, Precinct #2

10. E) Approval of the budget allocation of Road and Bridge, Pct # 2 and Road and Bridge, Pct # 3 for FY2005 and the ability to use Road and Bridge Personnel and in-house operations and any appropriate action. Commissioner, Precinct #2

10. F) Address the differences between the budget in Commissioner, Precinct # 2 and amount required to fulfill the legal responsibilities and the way it affects the 2004/2005 Budget and any appropriate action. Commissioner, Precinct # 2
NO ACTION

ITEM 19 ADJOURNMENT 11:54 a.m.

This set of minutes for August 24, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.