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.


October 12, 2004

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 12th 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, Erin McCorkle.

Court opened with an Invocation by John Polster, President, Innovative Transportation Solutions Inc., followed by the Pledges of Allegiance to the American and Texas Flags led by Don Alexander, Elections Administrator.

Mr. Polster: Let us pray. Father God, we do come to You today and give You thanks for the opportunity to stand before You and thank You for the privilege of government that You've provided. We thank You, Lord, that You are a blessed God who gives us many blessings and bounties. We pray, Lord, that today that the meditations of our hearts and the words of our mouth would be acceptable to You. We pray these things in Your Son's Holy and precious name. Amen.

ITEM 1 PUBLIC INPUT

Don Alexander enlightened the court about a voter registration information scam.

ITEM 2 CONSENT AGENDA

(Items 8B, 8C, 8D, 8F, & 11A pulled for further consideration and/or separate vote.)

COUNTY AUDITOR

5. B) Approve the allocation of $119,500 of Better Safer Roads Program Precinct 1 Discretionary Funds to the FM 2499 Project with the intent to Reimburse Discretionary Funds from the TRIP 2004 Bond Issue, and any appropriate action. (Briefing 10-5-04)

BUDGET

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

7. B) Approval of Budget Amendment Request #100010 to increase revenues and allocate expenditures for Educational Supplies for CHOS Museum in the amount of $1,000, and any appropriate action. (Briefing 10-5-04)

7. C) Approval of Budget Amendment Request #100030 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various other line items for Federal Health Care Facility Grant in the amount of $86,809, and any appropriate action. (Briefing 10-5-04)

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.) Shannon Ward, Juvenile Probation Officer/Juvenile Detention; Krystal Foster, JuvenileCorrections Officer/Juvenile Post Adjudication; Kenneth Nelson, Maintenance Assistant/County
Operations; Maryanne Marick, Office Support Specialist II/County Operations; Jenna Twiner, Court Clerk/Justice of the Peace, Pct. 5; Pamela Busch, Deputy Clerk/Motor Vehicle/Tax Assessor-Collector; Robert Juckniewitz, Health Services Specialist I/Jail Health Department; Blanca Sanchez, Health Services Specialist I/Jail Health Department; Mandy Fowler, Detention Officer I/County Jail; Jody Broyles,
Detention Officer I/County Jail; Devon Boyd, Detention Officer I/County Jail; Erin McCorkle, Senior Administrator/County Clerk.

8. E) Approve stop loss rates and limits for 2005, and any appropriate action. (Briefing 10-5-04)

OTHER DEPARTMENTS

13. A) Approval of Dell computer lease from state contract through Texas Department of Information Resources, and any appropriate action. (Briefing 10-5-04)

Move to approve Consent Agenda with the exception of items 8B, 8C, 8D, 8F, & 11A by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0624

ITEM 11 COUNTY CLERK

11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda Session for September 28, 2004, and any appropriate action.

Move to approve as amended by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0625

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 Brian Tackett – Attorney, incorrect vendor;
$ 1,156.25 to Office of the Attorney, incorrect vendor;
$ 2.16 to Willard French, incorrect fiscal year;
$ 133.33 to Radisson Hill Cntry Resort, incorrect vendor;
$ 200.00 to L. Dee Shipman, incorrect vendor;
Public Health $ 500.00 to A.I. Moryan, M.D., per department;

ADDITIONS
GENERAL
DA $ 550.00 to Denton County Bar Assoc, DCBA dues;
BIOTERRORISM $ 558.32 to Nextel Communications, service – bioterrorism;
DA CK FEE $ 220.00 to Denton County Bar Assoc, DCBA dues;
2002 TAX NOTES $ 137,465.20 to Joe R. Jones Construction, contractor fee-CHOS.

Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0626

ITEM 7 BUDGET

7. D) Approval of Budget Amendment Request #100050 for Training & Education including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for County Judge in the amount of $2,000, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0627

ITEM 13 OTHER DEPARTMENTS

13. B) Approval of a request from Atlantic Housing Foundation relating to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) approval associated with three multifamily housing projects located in Denton County, and any appropriate action. Commissioner, Precinct #4
NO ACTION – HOLD FOR ONE WEEK

ITEM 14 LEGAL

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

14. B) Approval of the Shopping Center Lease between David E. Claassen and Denton County, Texas for the WIC office in Carrollton, and any appropriate action. (Briefing 10-5-04)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0628

14. C) Approval of the Chapter 312 Tax Abatement Agreement between Denton County, Texas, and Edward Don and Company, a Foreign Profit Corporation, duly authorized to do business in the State of Texas, and any appropriate action. (Briefing 10-5-04)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-0629

14. D) Approval of Statement of Work for Services, ServiceSuite Agreement, between International Business Machines Corporations (IBM) and Denton County, Texas, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0630

14. E) Approval of supporting the tolling of SH 121, and the letter supporting the tolling of SH 121, dated October 12, 2004, to the North Texas Central Texas Council of Governments, and any appropriate action.

14. E-1) Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0632

14. E-2) Move to approve amendments to letter by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0631

14. F) Approval of supporting the tolling of SH 121, and the Memorandum of Understanding (MOU) SH 121 Funding Strategy supporting the tolling of SH 121, and authorization of the County Judge to execute the Memorandum of Understanding (MOU) SH 121 Funding Strategy supporting the tolling of SH 121 on behalf of Denton County, Texas and any appropriate action.
ACTION POSTPONED
Discussion of item in Commissioners Court Transcript to minutes. (Page 18 & 54)

ITEM 16 ADDENDA

16. A) Approval of the Project for a 2 Course penetration Chipseal on Cottonwood Trial, for a distance of approximately 2460 feet located in the City of Oak Point, and b) the Interlocal Cooperation Agreement between the City of Oak Point, in Denton County, Texas, for a distance of approximately 2460 feet located in the City of Oak Point.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0633

16. B) Approval of the appointment of Ms. Karen Gronberg to the Child Protective Services Board.—County Judge

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0634

16. C) Approval of the reappointment of Mrs. Tamara Null-Sadau to the Denton County Child Protective Services Board Commissioner Precinct 1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0635

16. D) Approval of the reappointment of Mr. Grant H. Jacobson to the Denton County Child Protective Services Board Commissioner Precinct 1

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0636

ITEM 17 RECESS 10:25AM
ITEM 18 RECONVENE 11:10AM

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.

Convened in Executive Session
Reconvened in Formal Session 11:55AM.

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.

15. F) 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 ACTION ON ANY EXECUTIVE ITEMS

ITEM 19 ADJOURNMENT 11:56AM

This set of minutes for October 12, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.