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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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August 31, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 31st day of August, 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 Martha Starr, University of North Texas Mediator, followed by the Pledges of Allegiance to the American and Texas Flags led by Amanda Gross, Chief Administrator for Commissioner White, Precinct One.
Ms. Starr: Let us pray. Heavenly Father, today we thank You for the opportunity, the awesome opportunity we have to live in a free country where we can participate in our local government. And, Father, we ask You to look down on these proceedings today and bless the Commissioners and guide them, the Commissioners and Judge Horn, in their decision making as they make decisions for all the citizens of Denton County. We ask these things in Your name. Amen.
ITEM 1 PUBLIC INPUT
Comm. Carter discussed and presented some historical documents from 1942 to the Denton County Historical Commission.
ITEM 4 PUBLIC HEARINGS
4. A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estate District (R-1), Abstract 1238,Tract 1A, as requested by the owner, Ms. Karen Groff and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0No one spoke either for or against the amendment.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0533
ITEM 6 PURCHASING
6. A) Approval of award for Alternative Dispute Resolution System, RFP #04-04-1614, to Denton
County Alternative Dispute Resolution Program (DCAP), and any appropriate action. (Briefing 8-24-04)Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0534
ITEM 4 PUBLIC HEARINGS
4. B) Approval of abandoning a portion of the right-of-way known as Elm Ridge Road, more particularly described on Exhibit “A: attached hereto and approval of the Quitclaim Deed, and any appropriate action. DA/Civil Division
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0No one spoke either for or against the abandonment.
Move to Close Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
ACTION POSTPONED UNTIL LATER IN THIS SESSION
ITEM 16 ADDENDA
16. B) Approval of Budget Amendment Request #102290 for emergency apprehensions and detentions for M.H.M.R. including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency in the amount of $25,600 and any appropriate action.-Budget
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0536
ITEM 17 RECESS 10:25 a.m.
ITEM 18 RECONVENE 10:45 a.m.
ITEM 13 OTHER DEPARTMENTS
13. B) Approval to call the General Election for Denton County, Texas on November 2, 2004; to designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the main early voting site, that early voting will begin October 18, 2004; that early voting will be conducted from October 18, 2004 thru October 29, 2004; dates and hours of specific locations are as per attached memo, the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76201, and any appropriate action. Elections
Department (Briefing 8-24-04)Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-053713. E) Approval of space design and space allocation for the facility at 1505 E. McKinney Street, and any appropriate action. Facilities
Move to approve Option Six with the removal of the rear door off of the Break Room by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-0538
ITEM 4 PUBLIC HEARINGS
4. C) Public Hearing on the proposed County tax rate of $0.25587 per $100 valuation which would increase total tax revenues from properties on the tax roll by 5% for tax year 2004 and schedule the meeting to adopt the tax rate for Tuesday, September 7, 2004 at 11:15am at the Courthouse-on-the-Square in the Commissioners Courtroom at 110 West Hickory 2nd Floor in Denton, Texas, and any appropriate action.
Move to Open Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0The following constituents spoke: Bryan Firth, Jean Greenlaw, Ted Carthel.
Letters were read by Judge Horn from Shirley Spellerberg and Ray Roberts.Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
ITEM 17 RECESS 12:05 p.m.
ITEM 18 RECONVENE 1:35 p.m.
ITEM 16 ADDENDA
16. C) Approval of 2005-2005 Denton County Budget and any appropriate action.-Budget Discussion
Discussion of item in Commissioners Court Transcript attached to minutes. (Page 130)
ITEM 17 RECESS 3:00 p.m.
ITEM 18 RECONVENE 3:50 p.m.
ITEM 11 COUNTY CLERK
(Items 11.A & 11.B pulled from Consent Agenda for corrections.)
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda and Budget Work Shop for August 10, 2004, and any appropriate action.11. B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda and Budget Work Shop for August 17, 2004, and any appropriate action.
Move to approve with corrections by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0539
ITEM 16 ADDENDA
16. C) Approval of 2005-2005 Denton County Budget and any appropriate action.-Budget
16.C-1) Move to approve 95% of the Salary Survey for Elected Officials with the salaries of the County Judge, the Sheriff and all Judges frozen as is stated in the Recommended Budget by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell)
Court Order 04-054016. C-2) Move to approve an increase of $100 per month for Fixed Car Allowances for a total of $1200 per year for Elected Officials currently receiving a fixed car allowance by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 04-054116. C-3) Move to approve a reduction of the car allowance for the Elections Administrator to $1200 per year as approved for all Elected Officials and others receiving a fixed car allowance by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 04-054216. C-4) Move to approve the deletion of the annual payment to the North Texas Commission by Judge Horn, seconded by Comm. Carter
Motion Carried 4-1-0 (White nay)
Court Order 04-054316. C-5) Move to approve the same 4% salary increase that all Department Heads are receiving for the Directors of Engineering, Economic Development, Emergency Management & Human Resources, reducing the budget by $40,700.00, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order 04-054416. C-6) Move to approve additional revenue as recommended by the County Auditor by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 04-054516. C-7) Move to approve a reduction of the Fund Balance of $450,000 with the allocation of $250,000 to Ex-Officio Road Commissioner for Precinct Two and $100,000 to Ex-Officio Road Commissioner Three by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 04-0546Move to approve that the June 1 court order regarding allocation of Road & Bridge funding be amended to state that all Ex Officio Commissioners have the same access to crews, equipment, etc. by Comm. Carter, seconded by Comm. Mitchell.
Mitchell removed her second.16. C-8) Move to approve for Budget Year 2004-05 the continuation of the policies, procedures and line items presently being used by the Ex-Officio Road & Bridge System as it is presently being used, with no charge back for contract labor, and until the Attorney General’s opinion is received by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-1-1 (White nay and Carter abstained)
Court Order 04-0547
ITEM 4 PUBLIC HEARING
4. C) Public Hearing on the proposed County tax rate of $0.25587 per $100 valuation which would increase total tax revenues from properties on the tax roll by 5% for tax year 2004 and schedule the meeting to adopt the tax rate for Tuesday, September 7, 2004 at 11:15 a.m. at the Courthouse-on-the-Square in the Commissioners Courtroom at 110 West Hickory 2nd Floor in Denton, Texas, and any appropriate action.
4. C-1) Move to approve Tuesday, September 7, at 11:15 a.m. in the Commissioners Courtroom, second floor, at the Courthouse on the Square, 110 West Hickory, Denton, Texas, 76201, as the date, time and place to adopt the Budget and the Tax Rate by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-05484. C-2) Move to propose a 4.56% increase above the effective calculated rate for a proposed rate of .25480 by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0549
ITEM 4 PUBLIC HEARINGS
4. B) Approval of abandoning a portion of the right-of-way known as Elm Ridge Road, more
particularly described on Exhibit “A: attached hereto and approval of the Quitclaim Deed, and any appropriate action. DA/Civil DivisionMove to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0535
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 FROM GENERAL –
$ (22.00) to West Info Publishing Co., credit already taken;
$ 305.00 to Tim Powers, incorrect vendor;
$ 5,408.68 to Henry Brothers Electronics;ADDITIONS FROM GENERAL –
$ 6.00 to Carolyn Franck, reimbursement.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0550
ITEM 2 CONSENT AGENDA
(Items 11. A & B pulled for corrections earlier in this session.)
PURCHASING
6. B) Approval of renewal of Independent Auditor Services, RFP #05-01-1428, to Patillo, Brown & Hill, L.L.P., and any appropriate action. (Briefing 8-24-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #102030 for Part-Time Employees for Veteran Services in the amount of $368, and any appropriate action. (Briefing 8-24-04)
7. C) Approval of Budget Amendment Request #102040 to increase revenues and allocate expenditures for Office Supplies for CHOS Museum in the amount of $168, and any appropriate action. (Briefing 8-24-04)
7. D) Approval of Budget Amendment Request #102050 for Court Appointed Attorneys and Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for 158th District Court in the amount of $51,005, and any appropriate action. (Briefing 8-24-04)
7. E) Approval of Budget Amendment Request #102060 for Court Appointed Attorneys and Postage including the transfer of $25,000 from Non-Department Unappropriated Contingency-Workers Comp Contingency for Probate Court in the amount of $25,250, and any appropriated action. (Briefing 8-24-04)
7. F) Approval of Budget Amendment Request #102070 for various line items for Purchasing Department and Joseph A. Carroll, Denton County Administration Building in the amount of $2,004, and any appropriate action. (Briefing 8-24-04)
7. G) Approval of Budget Amendment Request #102090 for Professional Services and Training & Education for Child Protection Services in the amount of $2,325, and any appropriate action.
7. H) Approval of Budget Amendment Request #102140 for Janitor Cleaning Supplies and Miscellaneous Building Maintenance for Sheriff’s Pre-Trial Facility in the amount of $25,000, and any appropriate action.
7. I) Approval of Budget Amendment Request #102200 for HMAC for Road and Bridge, Precinct #2 in the amount of $23,000, 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.) Andrew Wayne Sissney, Deputy Fire Marshal/Emergency Management; Minerva Cisneros, Court Clerk/Justice of the Peace, Pct. 2; Janet Jackson, Court Clerk/JP # 2; Andrew Babbitt, Assistant Director of Facilities; County Operations; John Kissinger, Detention Lieutenant – Medical/Jail Health Dept.; Arturo Ramos, Juvenile Detention Officer/Juvenile Detention.
8. B) Approve a revision to Personnel Policy #7.3 Job Opportunity Listings, and any appropriate action. (Briefing 8-24-04)
ITEM 13 OTHER DEPARTMENTS
13. A) Appoint Dolly Mayo as Election Judge for the Town of Clark Local Option Election on September 11, 2004 and to appoint Gary Truitt as the Early Voting Ballot Board Judge, and any appropriate action. Elections Department (Briefing 8-24-04)
13. D) Approval of Courthouse-on-the-Square Restoration Plaque, and any appropriate action. Facilities Department (Briefing 8-24-04)
ITEM 14 LEGAL
14. B) Approval of the Service Agreement between Denton County and the Denton County Soil and Water Conservation District, and any appropriate action. (Briefing 8-24-04)
Move to approve Consent Agenda with the exception of Items 11. A & B by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0551Comm. White was absent for the remainder of the meeting.
ITEM 8 HUMAN RESOURCES
8. C) Approve changes to the job description for the Director of Administration, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0552
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 of any action concerning the reorganization and positions, within Engineering, Planning, Facilities or Road & Bridge, and any appropriate action. 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 – REMOVE FROM AGENDA
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of transferring ownership of ten (10) Denton County handheld portable, Motorola radios from possession of the fire marshal to the fire department currently using the equipment, and any appropriate action. Fire Marshal/Emergency Management (Briefing 8-24-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0553
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of the Second Amendment to the Tax Abatement Agreement between Denton County, Texas, Fleming Companies, Inc. and Vantage Development #21, Inc., to substitute 21st Century Insurance for the Fleming Company, Inc. as the Lessee, and any appropriate action. (Briefing 8-24-04)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 04-055414. D) Approval of a) the Interagency Agreement between Dallas County, Texas and Denton County, Texas, and b) the Resolution supporting the North Texas Auto Theft Task Force, and any appropriate
action.Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-055514. E) Approval of setting a date and time to conduct a Public Hearing to consider the placement of a stop sign on Crestview Drive where it intersects with Davidson Road, said public hearing to be held on September 21, 2004, at 9:00 a.m. in Commissioners Court, and any appropriate action.
Move to approve a date and time of September 28, 2004, at 9:15 a.m. by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-055614. F) Approval of (1) Exemption from bidding for professional consulting services between Providence Service Corporation of Texas and Denton County Juvenile Board and Denton County according to the provisions of §262.024 (a)(4) V.T.C.A. Local Government Code; and (2) Professional Counseling Service Agreement between Providence Service Corporation of Texas and the Denton County Juvenile Board, and
Denton County, Texas, and any appropriate action.Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0557
ITEM 15 EXECUTIVE SESSION – COURT DID NOT MEET IN THIS SESSION
ITEM 16 ADDENDA
16. A) Approval of specifications for Surveying Services, RFQ #08-04-1635, and any appropriate action. Purchasing
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0558
ITEM 17 RECESS 4:40 p.m.
ITEM 18 RECONVENE 4:55 p.m.
ITEM 19 ADJOURNMENT 5:00 p.m.
This set of minutes for August 31, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.