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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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October 5, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 5th day of October, 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 Tom Keever, Chief Administrator, Civil Division, Criminal District Attorney’s Office, followed by the Pledges of Allegiance to the American and Texas Flags led by Amanda Gross, Chief Administrator for Cynthia Mitchell, Commissioner, Precinct One.
Mr. Keever: Our Heavenly Father, we thank you for the ability to gather together in this Commissioners Court meeting in a land that is free. We ask Your blessings on this Court. And we ask that You grant them wisdom to make the decisions that are in the best interest of the citizens of Denton County. As always we ask that You be with the troops, both men and women who are defending our country and pursuing the cause of freedom throughout the world. We ask these things in Jesus' name. Amen.
ITEM 2 CONSENT AGENDA
TREASURER
5. C) Approval of Payroll.
AUDITOR
5. B) Approval of the 2005 Denton County Resolution for Participation in the State Indigent Defense Grant Program, and any appropriate action. (Briefing 9-28-04)
PURCHASING
6. A) Approval of award of bid #06-04-1625 for Office Furniture, to Texas Furniture Source, Inc., and any appropriate action. (Briefing 9-28-04)
6. B) Approval of exemption from the bidding process for the Sole Source purchase of Vaccines from Aventis Pasteur in compliance with Section 262.024(a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 9-28-04)
6. C) Approval of award of bid for Janitorial Paper Products, Bid #07-04-1628, Item 1, 2, 3, 5, & 8 to Pollock Paper, Item 4 to Unisource, Items 6 & 7 to Interboro Packaging, and any appropriate action. (Briefing 9-28-04)
6. D) Approval of exemption from bidding process for a Sole Source purchase of radios from Motorola Communications and Electronics, Inc. in compliance with Section 262.024 (a)(7)(A) and (D) of the Local Government Code, and any appropriate action. (Briefing 9-28-04)
6. E) Approval of utilizing the State of Texas Travel Management Program with National Travel Systems as the County’s provider for travel services, and any appropriate action. (Briefing 9-28-04)
6. F) Approval of award for Microfilming Supplies, Bid #03-04-1603, to Anacomp, Inc. for Section 1, Affiliated Computer Services-Image Solutions for Section 3 and Horizon Micrographics, Inc. for Section 2 and 4, and any appropriate action. (Briefing 9-28-04)
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.) Douglas King, Office Support Specialist (PT)/Constable, Pct. 4; Brian McDaniel, Detention Officer I/County Jail; Dean Cordell, Chief Deputy/Constable Pct. 5; Jenny Neil, Shift Supervisor/Juvenile Detention; Julie Whitt, Juvenile Detention Officer/Juvenile Detention; Phyllis Frazier, Asst. Supervisor – Tax – MV/Tax Assessor-Collector.
8. C) Approve the adoption of a Communication in the Workplace Policy, and any appropriate action. (Briefing 9-28-04)
HEALTH
9. A) Approval of a contract with Texas Department of State Health Services (DSHS) formerly TDH for OPHP-Bioterrrorism Preparedness, and any appropriate action. (Briefing 9-28-04)
9. B) Approval of an application to the Department of State Health Services (formerly TDH) to renew our Immunization Contract for CY2005, and any appropriate action. (Briefing 9-28-04)
PUBLIC WORKS
10. A) Approve the Final Plat of Paloma Creek, Phase 3, Precinct #1, and any appropriate action. Planning
10. B) Approve the Final Plat of Crescent Addition, Phase C, Precinct #4, and any appropriate action. Planning
OTHER DEPARTMENTS
13. A) Approve items to be purchased and refinished for the Courthouse-on-the-Square utilizing 2004 Tax Note Funding line item (74-7603-9010-refurbish flooring), and appropriate action. Facilities (Briefing 9-28-04)
LEGAL
14. F) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Frisco Public Library, and any appropriate action. (Briefing 9-28-04)
14. H) Approval of the Agreement between Denton County Guardianship Services, Inc., and Denton County, Texas for the Guardianship Program, and any appropriate action. (Briefing 9-28-04)
14. I) Approval of the Contract for Services – Local Government between Denton County, Texas and the State and Local Records Management Division of the Texas State Library and Archives Commission, and any appropriate action. (Briefing 9-28-04)
14. J) Approval of the Order/Interest Form between Denton County, Texas and North Central Texas Council of Governments for the 2005 Digital Aerial Photography Project for a commitment of $28,265.00, and any appropriate action. (Briefing 9-28-04)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstained)
Court Order 04-0608
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
$ 150.00 to Jason Jacoby, Attorney, duplicate payment;
$ 249.97 to Kevin Hinzman, Attorney, incorrect amounts;
$ 250.00 to David Wacker, Attorney, duplicate payment;
$ 150.00 to Kim McCary, Attorney, not ready for payment;
$ 150.00 to William Wilder, Attorney, duplicate payment;
$ 280.00 to Byron Brown, Attorney, not ready for payment;
$ 975.00 to Denver McCarty, Attorney, not ready for payment;
$ 200.00 to Brent Hill, Attorney, not ready for payment;
$ 200.00 to Christine Ventura, Attorney, not ready for payment;
$ 250.00 to Boswell & Moore, not ready for payment;
SO Trair $ 580.56 to Mike Truitt, incorrect amount;
LL $ 1,588.27 to West Info Publishing, duplicate payment.ADDITIONS -
GENERAL
Leased Bldg. $ 539.20 to TXU Energy, services for Fire Marshal;
Law Enf. Facility $ 200.00 to Texas Dept. of Licensing, Appeal/Denial of Variance Fees;
WIC
$ 65.00 to Clear Sky MRI & Diagnostic, medical expenses;
$ 33.25 to American Package Express, shipping charges.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0609
ITEM 6 PURCHASING
6. G) Approval of award of bid for Emulsified Asphalt, Bid #07-04-1630, to Koch Materials Company, Inc., and any appropriate action. (Briefing 9-28-04)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0610
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100020 for Contract Labor for License & Weights in the amount of $7,126, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0611
ITEM 8 HUMAN RESOURCES
8. B) Approve the results of the Employee Insurance Survey Report, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-06128. D) Approve a 2005 adjustment to the Annual Election Limit for Dependent Care Spending Accounts for Highly Compensated Employees, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0613
ITEM 13 OTHER DEPARTMENTS
13. B) Approve request from Communities in Schools of North Texas to be included on the list of
organizations that may receive donation from Jurors’ pay, and any appropriate actions. District Clerk
(Briefing 9-28-04)Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-061413. C) Approval of sub-recipient award offer from TEEX, US Department of Homeland Security and the Office of Domestic Preparedness entitled Urban Area Security Initiative II 48121 for the purpose of improving Denton County’s ability to respond to potential terrorist’s use of weapons of mass destruction in the amount of $1,172,672.00, and any appropriate action. Fire Marshal/Emergency Management (Briefing 9-28-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-061513. D) Approve A/C replacement and modifications to the duct work for the Tax Office utilizing funding $6,907 for the 2003 Tax Notes line item 74-7603-9010 to CHOS Refurbish flooring line item, and any appropriate action. Facilities
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0616
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of the Contract for Architectural Services between Denton County, Texas and PGAL (Pierce, Goodwin, Alexander, and Linville) for the design of the Precinct 4 Government Center, and any appropriate action. (Briefing 9-28-04)
ACTION POSTPONED UNTIL LATER IN THE MEETING14. E) Approval of the Interlocal Cooperation Agreement for Property Tax Collection between (1) the City of Aubrey and Denton County, Texas; (2) the City of Lakewood Village and Denton County, Texas; and (3) the City of Corinth and Denton County, Texas, and any appropriate action. (Briefing 9-28-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-061814. G) Approval of the Tarrant-Parker-Denton County Medical Examiner’s District Agreement for the 2004-2005 Fiscal Year, and any appropriate action. (Briefing 9-28-04)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Failed 2-2-1 (Jacobs abstained)
Item re-voted on later in this session.14. K) Approval of the Transportation Consultant Professional Service Contract between Denton County, Texas and Innovative Transportation Solutions, Inc. (ITS) for the 2004-2005 Fiscal year, and any appropriate action. (Briefing 9-28-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-2-0 ( Jacobs & Mitchell nay)
Court Order 04-061914. L) 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. (Formal 9-28-04)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0620
ITEM 16 ADDENDA
16. A) Approve a schedule for interviewing and hiring a Public Works/Engineering Director, and any
appropriate action.Move to approve to begin interviewing October 26, 2004, and continue for three weeks by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0621
ITEM 17 RECESS 10:20 a.m.
ITEM 18 RECONVENE 10:40 a.m.
ITEM 14 LEGAL
14. B) Approval of the Contract for Architectural Services between Denton County, Texas and PGAL (Pierce, Goodwin, Alexander, and Linville) for the design of the Precinct 4 Government Center, and any appropriate action. (Briefing 9-28-04)14. C) Approval of the Contract for Architectural Services between Denton County, Texas and PGAL (Pierce, Goodwin, Alexander, and Linville) for the design of the Teasley Lane Storage Facility, and any appropriate action. (Briefing 9-28-04)
14. D) Approval of the Contract for Architectural Services between Denton County, Texas and PGAL (Pierce, Goodwin, Alexander, and Linville) for the design of the Fire Marshal’s Building, and any appropriate action. (Briefing 9-28-04)
Move to approve 14. B, C, & D by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 04-061714. G) Approval of the Tarrant-Parker-Denton County Medical Examiner’s District Agreement for the 2004-2005 Fiscal Year, and any appropriate action. (Briefing 9-28-04)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0622
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 11:40 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, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss potential claim regarding fixtures at Pretrial Detention Center.
15. E) Consultation with Attorney, Deliberation Regarding Security Devices pursuant to Section 551.076, Government Code; Discuss security at the Pretrial Detention Center.
16. B) EXECUTIVE SESSION: Personnel matters, Texas Government Code, Section 551.074 (a)(1): Deliberation to evaluate duties and performance of Economic Development Director.16. C) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, in Probate Court of Denton County, Texas.
16. D) EXECUTIVE SESSION: Consultation with Attorney: Pending 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 ACTION15. F) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(B); Settlement Offer and Release of all claims arising from the water damage to the Sandy Jacobs Government Center on February 26, 2003.
Move to approve the Settlement Offer, authorize the County Judge to endorse the check, and execute the Release of Claim arising from the water damage to the Sandy Jacobs Government Center on February 26, 2003 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0623
ITEM 19 ADJOURNMENT 11:43 a.m.
This set of minutes for October 5, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.