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 19, 2004

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 19th 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 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 James Wells, County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Olive Stephens, Mayor of Shady Shores.

Mr. Wells: Pray with me. We ask You, God, to bless this gathering, which is a meeting of people who earnestly desire to do their work and Your work in the best way possible, to benefit our community and to advance government to the best of our abilities and leave this world a better place for our children. Please give us the wisdom and the vision to make good decisions and to act correctly to achieve these ends. In Christ's name. Amen.

ITEM 2 CONSENT AGENDA

(Item 7C pulled for further consideration and/or separate vote.)

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of change in the type of vehicle allocated in FY2005 for DARE as recommended by the Vehicle/Radio Assessment Committee, and any appropriate action. (Briefing 10-12-04)

BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100040 for Mobile Phone Expense for County-WideTechnology in the amount of $480, and any appropriate action. (Briefing 10-12-04)


7. D) Approval of Budget Amendment Request #100090 for North Central Texas Council of Governments for Appropriations in the amount of $41,044, 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.) Tracy Madison, Staff Development Coord./PT/Human Resources; Pamela Smith, Detention Officer I/County Jail; Larry Yarrell, Detention Officer I/County Jail; Thomas Lee Rasor, Driver/Equipment Operator/Road & Bridge, Pct. 4; Judy Lantrip, Sergeant/Constable, Pct. 5.

HEALTH

9. A) Approval of a new WIC Contract for CY 2005 with the Texas Department State Health Services (TSHS), and any appropriate action. (Briefing 10-12-04)

OTHER DEPARTMENTS

13. B) Approval of Building Usage Request from Denton Holiday Lighting Festival, Thursday,
December 2, 2004 from 4:00 pm to 10:00 pm, and any appropriate action. Aide-to-the-Court (Briefing10-12-04)

LEGAL

14. C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Oak Point, and any appropriate action. (Briefing 10-12-04)

Move to approve Consent Agenda with the exception of item 7C by
Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0637

ITEM 7 BUDGET

7. C) Approval of Budget Amendment Request #100060 for Court Support Mediation Services for Judiciary Court Support in the amount of $5,112, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0638

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 $ 780.00 to Denton Regional Medical Center, incorrect vendor;
$ 149.00 to Colin County Community, per department;
$ 175.00 to Maxim Technologies, incorrect vendor;

ADDITIONS –
GENERAL
TELEPHONE $ 48.91 to Verizon, service – TNCP;
JAIL $ 12.08 to Cardinal Healthcare, late fees;
PUBLIC HEALTH $ 200.00 to Pam Oliver, training fee;
BIOTERRORISM $ 412.08 to Office Depot, office supplies.

Move to approve as amended by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0639

ITEM 6 PURCHASING

6. B) Approval of purchase of the Mobile Command Vehicle through a Cooperative Purchasing Agreement with the BuyBoard, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0640

ITEM 8 HUMAN RESOURCES

8. B) Approve adding Right of Way Coordination duties to the Data Processing Coordinator job description in the Engineering Department, and any appropriate action. (Briefing 10-12-04)

Move to approve as amended: have an evaluation period of six months, a 4% salary
increase to this position, review/revise the job description, by Judge Horn, seconded by
Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 04-0641

8. G) Approve the resolution honoring the John A. Scott Award finalists and the Employee of the Year, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0642

ITEM 17 RECESS 9:50AM
ITEM 18 RECONVENE 10:05AM

8. C) Approve revision to Policy #3.9A-Family and Medical Leave, and any appropriate action. (Formal10-12-04)

8. D) Approve revision to Policy #4.2 Workers’ Compensation Pay/Leave, and any appropriate action. (Formal 10-12-04)

8. E) Approve revision to Policy #3.17-Leave Without Pay, and any appropriate action.
(Formal 10-12-04)

8. F) Approve the deletion of Policy #3.9C-Extended Unpaid Medical Leave, and any appropriate action. (Formal 10-12-04)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0643

ITEM 12 SHERIFF

12. A) Approval of authorizing Sheriff Lucas to Accept Grant funding awarded to the Denton County Sheriff’s office from the Office of the Governor-Criminal Justice Division for continued funding for the Juvenile Accountability Incentive Block Grant “Juvenile Impact Program” for the grant period 2004-2005 and approval of the resolution, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0644

ITEM 13 OTHER DEPARTMENTS

13. A) 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 (Formal 10-12-04)
NO ACTION – HOLD FOR ONE WEEK

13. C) Approve the re-appointment of Mark J. Girasole to the Denton County Child Protective Services as a Precinct #3 representative, and any appropriate action. Commissioner, Precinct #3

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0645

13. D) Acceptance of the Ex Officio Commissioner Road Report for Precinct 1 for fiscal year 2004, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0646

ITEM 14 LEGAL

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

14. B) Approve revised Addendum for CUC Common Integrated Justice System Phase III, and any appropriate action. (Briefing 10-12-04)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0647

14. D) Acceptance of the Award of Grant Funding from the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act for the Criminal District Attorney’s VAWA-Civil Domestic Violence Prosecution Grant (C-DVP), and any appropriate action.

14. E) Acceptance of the Award of Grant Funding from the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act for the Criminal District Attorney’s Prosecution Enhancement Grant (VAWA-FVP-Enhancement), and any appropriate action.

14. F) Acceptance of the Award of Grant Funding from the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act for the Criminal District Attorney’s Family Violence Expansion Grant (VAWA-FVEG), and any appropriate action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0648

14. G) Approval of modification of Letter of Understanding for Services between Cardtranz, Inc. dba Certified Payments and Denton County for credit card payment to include Justice of the Peace Offices and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0649

ITEM 16 ADDENDA

16. B) Approval of contract with Languages Unlimited for interpreter for detention hearing and any appropriate action. County Court at Law #1
NO ACTION – HOLD FOR ONE WEEK

ITEM 17 RECESS 10:40AM
ITEM 18 RECONVENE 10:45AM

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 10:47AM
Reconvened in Formal Session 11:25AM

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.

15. G) Real Property: Texas Government Code, Section 551.072: Deliberation concerning the valuation of various county properties for possible sale or exchange.

15. H) 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.

15. I) Consultation with Attorney: Possible settlement; Texas Government Code, Section 551.071 (a)(1) & (2); Recovery of Subrogation interests from a Denton County employee.
NO ACTION ON ANY EXECUTIVE ITEMS

16. A) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., n/k/a HUNT CONSTRUCTION GROUP, INC., and R.C. SMALL & ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas. DA/Civil Division
NO ACTION – HOLD FOR ONE WEEK

ITEM 19 ADJOURNMENT 11:26AM

This set of minutes for October 19, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.