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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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September 28, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 28th day of September, 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, 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 LeDena Ferrell, Chief Administrator for Commissioner Carter, Pct. 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath, Liaison for Denton County Historical Commission.
Ms. Ferrell: We just ask now, Father, that You would just be with us, give our Commissioners and our Judge wisdom today as they make the decisions that will affect our County. And, Father, we just thank You for all that You have done. We ask for Your protection upon our troops around the world. And we just thank You, Lord, for allowing us to live in a free country. We ask all these things in Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Tedd McWhinney voiced his support for Willie’s Hudspeth quest to bring water to the fountains of the Confederate Soldier on the Courthouse on the Square.
ITEM 2 CONSENT AGENDA
(Item 8.B was pulled for further discussion and/or separate vote.)
PURCHASING
6. A) Approval of purchase of Treo 600 for Director of Purchasing, and any appropriate action. (Briefing 9-14-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Chad Rader, Web Designer – Developer/Information Services; Kathleen Bransford, Internal Auditor-Analyst/County Clerk; Najah Roush, Deputy Clerk-Courts/County Clerk; Belinda Taylor, Deputy Clerk-Courts/County Clerk; Emma Granados, Detention Officer I/County Jail; Cathrine Lee, Detention Officer III-Medical/Jail Health; Rosetta Murray, Juvenile Corrections Officer/Juvenile Post Adjudication; Russell Preston Jack, Juvenile Detention Officer/Juvenile Detention; Amanda Richter, Juvenile Detention Officer/Juvenile Detention; Tiffany White, Juvenile Detention Officer/Juvenile Detention; Trina Knight, Court Clerk/JP Pct. 5; Dana Gardner, Deputy Clerk-Ad Valorem/Tax Assessor-Collector; Caroline Miller, Deputy Clerk-Ad Valorem/Tax Assessor-Collector; Amy Anderton, Deputy Clerk-Motor Vehicle/Tax Assessor-Collector; Gloria Carver, Officer Support Specialist (PT)/Constable Pct. 2.
HEALTH
9. A) Approval of an amended contract with Texas Department of Health for Immunizations and any appropriate action. (Briefing 9-14-04)
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for August 31, 2004, and any appropriate action.
11. B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for September 7, 2004, and any appropriate action.
11. C) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for September 14, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. B) Approval of Building Use Request for the Sandy Jacobs Government Center Community Room for the Annual Homeowners Meeting – 2281 Homeowners Association on October 5, 2004 from 7:30 pm to 9:00 pm, and any appropriate action. (Briefing 9-14-04)
Move to approve Consent Agenda except for Item 8.B by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0579
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of resolution proclaiming October 2004 as, “Walk For Success” in the Lewisville
Independent School District, Denton County, Texas, and any appropriate action. Commissioner, Precinct
#3Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0580
ITEM 4 PUBLIC HEARING
4. A) Approval of placement of a stop sign on Crestview Drive, a county road, where it intersects with Davidson Road, and any appropriated action. DA/Civil
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0No one spoke either for or against.
Move to Close Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0581
ITEM 3 RESOLUTION/AWARD PRESENTATIONS
3. B) Approval of resolution supporting Retired and Senior Volunteer Program Day, October 28, 2004,
and any appropriate action. County JudgeMove to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0582
ITEM 5 AUDITOR
5. A) Approval of Bill Reports for September 21st and September 28th.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)September 21, 2004
DELETIONS –
GENERAL $ 225.00 to Public Agency Training, duplicate payment;
DA CK $ 25.53 to Beverly Bailey, duplicate payment;ADDITIONS –
GENERAL – $ 20,000.00 to U.S. Postmaster for postage – print room;
Jail $ 4,467.78 to Bank One for Prisoner Transport;
Econ. Dev. $ 273.70 to Hilton Lincoln Centre, lodging for Vanessa Sims;
$ 75.00 to Vanessa Sims for Dallas Travel Advance;
Operations $ 130,499.65 to Koch Financial Corp., Energy Mgmt. System Lease;
Constable #1 $ 60.00 to John Goble, Grand Prairie Travel Advance;
Constable #5 $ 248.54 to Office Depot for Computer Supplies;
Misc. $ 624.25 to Office Depot for Office Supplies;
R & B $ 164.98 to Office Depot for a Briefcase;
CSCD $ 230.00 to Office Depot for Folders;
JUV. Probation $ 49.00 to Career Track, Registration Fee for Judy Muller;
S.O. Training $ 199.00 to Calibre Press, Registration Fee for Armin Melo.September 28, 2004
DELETIONS –
GENERAL $ 155.29 to Member’s Building Maintenance, duplicate payment;
JUV $ 2,018.87 to Denton Regional Medical Center, per department;CORRECTIONS –
PH $ 174.33 to Majors Scientific Books, invoice less than receipt ($171.01);ADDITIONS –
GENERAL –
Jones Street $ 376.55 to First Choice Power, services for Security Light;
Misc. $ 3,417.71 to Progressive Concepts for various services, various depts..;
R & B WEST $ 243.42 to City of Denton Utilities for services;
R & B Misc. $ 440.88 to Progressive Concepts, for services;
TNCP $ 593.81 to Progressive Concepts for services;
BIOTERRORISM $ 107.09 to Progressive Concepts for services.Move to approve amended Bill Reports for September 21 & 28 by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0583
ITEM 6 PURCHASING
6. B) Approval to declare a Nikon AC 2 Auto Level as surplus and use as trade-in toward the purchase of a new Level for Road and Bridge East, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-05846. C) Approval of (1) rescinding Court Order #04-0569 for award of bid for Gasoline, Bid #07-04-1627, to Reeder Distributors; and (2) approval of award of Gasoline, Bid #07-04-1627 to Martin Eagle Oil, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-05856. D) Approval of award of RFP for Pharmaceutical Services, RFP #06-04-1626, Diamond Pharmacy Service, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 04-0586
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #102420 for Operating Supplies including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for Constable, Precinct #4 in the amount of $3,364, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-05877. C) Approval of Budget Amendment Request #102430 for Prisoner Medical Expense for Jail Health in the amount of $200,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0588
ITEM 4 PUBLIC HEARING
4. B) Approve proposed use of Local Law Enforcement Block Grant from the U.S. Department of Justice, allocation and intended purpose of fiscal year 2004-2005 Local Law Enforcement Block Funds for $11,385.00 with local Sheriff’s Office and District Attorney’s Office cash match for $1,237.00, and any appropriate action. Sheriff (Briefing 9-14-04)
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0No one spoke either for or against this proposal.
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0589
ITEM 7 BUDGET
7. D) Approval of Budget Amendment Request #102440 for Intercom Maintenance for Pre-Trial Facility in the amount of $5,632, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-05907. E) Approval of Emergency Budget Amendment Request #102450 to increase revenues and allocate expenditures for Denton County Benefit Plan for Transfer of Funds-General Fund in the amount of $1,500,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-05917. F) Approval of Budget Amendment Request #102460 for Operating Supplies for Courthouse
Security in the amount of $6,500, and any appropriate action.Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-05927. G) Approval of Budget Amendment Request #102470 for various line items for Various County Buildings in the amount of $54,807, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-05937. H) Approval of Budget Amendment Request #102480 to increase revenues and allocate expenditures for Various Salary, Assistants/Benefits line items including the transfer of funds from Non-Departmental Personnel Contingency for Various County Departments in the amount of $25,995, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 04-0594ITEM 8 HUMAN RESOURCES
8. C) Approve changes to the job descriptions for Health Services Specialist I and Health Services Specialist II in the Jail Health Department, and any appropriate action. (Briefing 9-14-04)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0595
ITEM 10 PUBLIC WORKS
10. A) Approval of the participation of Denton County in the North Central Texas Regional Strategy for Managing Storm Water FY04 Program, October 1, 2003 to September 30, 2004, and any appropriate action. (Briefing 9-14-04)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-059610. B) Approve the Final Plat of Frisco Ranch, Phase 2A, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0597
Discussion of item in Commissioners Court Transcript attached to minutes. (Page 37)10. C) Approve the Final Plat of Frisco Ranch, Phase 2B, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0598
Discussion of item in Commissioners Court Transcript attached to minutes. (Page 38)
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Sheriff and Constable’s Notice of Fees & Fines, effective January 1, 2005, and any appropriate action. (Briefing 9-07 & 14-04)
13. A-1) Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-059913. A-2) Move to approve an increase from $20 to $50 in the Temporary Protective Order Fee (Notice delivered in person) and delete Law Library Fees & Dispute Mediation Fees by Judge Horn, seconded by Comm Mitchell.
Motion Carried 4-0-0
Court Order 04-059913. C) Approve the reappointment of Mrs. Gwen Gary to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-060013. D) Approve acceptance of Lori Gore-Green’s resignation and Mrs. Bonnie Kaplan’s appointment to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-060113. E) Approval of a pauper burial for Angela Hynson, and any appropriate action. County Judge
Move to approve for a total cost of $1635.00 by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0602
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of the Grant Acceptance Notice for the Criminal District Attorney Other Victims’
Assistance Grant (OVAG) for the Other Victim Assistance Grant Intern, Grant Number 04G02028.A1 for the Denton County Criminal District Attorney’s Office, and any appropriate action.Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-060314. C) Approval and acceptance of the Letter of Engagement by Gregg Cooke concerning Clean Air Plan
for Denton County, Collin County, Dallas County and Tarrant County, and any appropriate action.Move to approve with an amendment on Page 2, No. 1, to begin consultation August 1, 2004, by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-060414. D) Approval of the Contract for the Collection of Delinquent Tax between Denton County, Texas and McCreary, Veselka, Bragg and Allen, P.C., and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-060514. E) Approval of the selection by Griffin & Jones, Thacker & Weatherly, P.C., of an appraiser and title company for the ROW Acquisition on the FM 1171 Project, under their contract RFP #08-03-1580, per the memorandum to Tom Keever from Griffin & Jones dated September 13, 2004, attached hereto, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0606
ITEM 16 ADDENDA
16. A) Approval of the Agreement for Alternative Dispute Resolution Services between Denton County, Texas and Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Failed 2-2-0 (White & Mitchell nay)
ITEM 8 HUMAN RESOURCES
8. B) Approve employee insurance plan changes for 2005, and any appropriate action. (Briefing 9-14-04)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0607
ITEM 17 RECESS 10:26 a.m.
ITEM 18 RECONVENE 10:45 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 10:50 a.m.
Court Reconvened in Formal Session 11:25 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.
15. D) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause #RT-2004-343, pending in the Probate Court of Denton County, Texas.
NO ACTION ON EXECUTIVE SESSION ITEMS
ITEM 19 ADJOURNMENT 11:26 p.m.
This set of minutes for September 28, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.