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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 26, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 26th 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 Dr. Peggy Ogden-Howe, Reverend, Christ the Servant Lutheran Church in Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath.
Dr. Howe: A reading from Psalms 131 a song of quite trust of David. Oh, Lord, my heart is not lifted up, my eyes are not raised too high. I do not occupy myself with things too great and too marvelous for me. But I have calmed and quieted soul like a weaned child with its mother. My soul is like a weaned child that is with me. Oh, Israel, hope in the Lord from this time on and forever more. Let us pray.
Holy God, Mighty Lord, we praise you for the gift of life, for the of this new day, for the gift of Your working in the world for peace, justice and mercy. We ask Your presence here among all of us. May we hear the words that you speak to us so that we may live together peaceably. Grant wisdom and courage to Judge Mary Horn, to President George Bush, to Governor Rick Perry, to Mayor Euline Brock, and to these
commissioners and citizens gathered here. May the decisions they make here make a difference for good of the citizens with whom they are responsible for providing security and care. We pray for our nation, specially for our men and women in the services, who are in harm's way and who serve the cause of peace. Grant them, Oh, Lord, safety in all of their duties, and a safe homecoming to their loved ones. We ask, Oh, God, that you would be with us in our own personal needs. We remember those whose lives have been attacked by evil and they have felt the pain in their bodies and their souls and their spirits. We remember those who are grieving losses of employment of loved ones, of places in society where they can make a difference. Give us, oh, God, eyes to see them and ears to hear their plea, and give us courage to be answers to their prayers that they may know Your comfort, Your grace, and Your help. We commend ourselves into Your care this day. We commend this gathering of important individuals and those whose names we do not know who always work, oh, God, we pray, for the welfare of the nation, the peace of the world. In Your name we ask it. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth spoke on the water fountains at the Confederate Monument and on lawn mowing
in his neighborhood.
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of Appointment of Election Judges for the November 2, 2004 General Election, and any appropriate action. Elections Department
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-065013. C) 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 & 19-04)
Move to approve intent with added wording by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-651
ITEM 2 CONSENT AGENDA
(Items 5B & 14C pulled for further consideration and/or separate vote.)
PURCHASING
6. A) Approval of report from Surplus On-Line Auction Sale #07-04-1629 held September 23, 2004, and any appropriate action. (Briefing 10-19-04)
6. B) Approval of specifications and the authority to advertise for Printing, Bid #08-04-1633, and any appropriate action. (Briefing 10-19-04)
6. C) Approval to declare a Gemini Auto Lift surplus and use as a trade-in toward the purchase of a GP09A Two Post Auto Lift for Vehicle Maintenance, and any appropriate action. (Briefing 10-19-04)
6. D) Approval of specifications and the authority to advertise for Records Archiving Re-Creation Project for the County Clerk, RFP #04-04-1616, appoint an Evaluation Committee, and any appropriate action. (Briefing 10-19-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100070 to increase revenues and allocate expenditures for Overtime-Tobacco Compliance/benefits for Sheriff’s Department in the amount of $10,000, and any appropriate action. (Briefing 10-19-04)
7. C) Approval of Budget Amendment Request #100080 to increase revenues and allocate expenditures for Economic Development Projects for Economic Development in the amount of $1,000, and any appropriate action. (Briefing 10-19-04)
7. D) Approval of Budget Amendment Request #100100 for Psychiatric Services for Juvenile Probation in the amount of $70,000, 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.) Cathy Armstrong, Health Services Specialist II/Jail Health Department; Patricia Craig, Health Services Specialist II/Jail Health Departments; Shelley Rose, Communications Officer/Communications; Kelley Bland, Detention Officer I/County Jail; Heather Crotts, Detention Officer I/County Jail; Saundra Craft, Detention Officer I/County Jail; Eric Williams, Juvenile Corrections Officer/Juvenile Post Adjudication; Alyssa Dawn Hutson, Officer Support Specialist I PT/Constable, Pct. 6; Katie Grant, Court Clerk PT, Justice of the Peace, Pct. 5; George Riojas, Deputy Constable/Constable, Pct. 5.
8. C) Approve combining 2 part-time Assistant Juvenile Probation Officer slots (008-JC and 010-JC) in the Juvenile Community Corrections Grant into 1 full-time Assistant Probation Officer position, and any appropriate action. (Briefing 10-19-04)
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Session for October 5, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of the ongoing Emergency Management Planning Grant award covering salaries for Jody Gonzalez, Brad Simpkins, and Sue Doyle, and any appropriate action. Fire Marshal/Emergency Management
LEGAL
14. D) Approval of the Service Agreement between Denton County and (a) PediPlace; (b) Friends of the Family; (c) Metrocrest Social Services; (d) Denton City County Day School; (e) AIDS Services of North Texas; (f) SPAN, Inc.; (g) CASA of Denton County, Inc.; (h) Children’s Advocacy Center of Denton County, Inc.; and (i) Youth and Family Counseling; and any appropriate action. (Briefing 10-19-04)
Move to approve Consent Agenda with the exception of items 5B & 14C by Comm.
Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 04-0652
ITEM 5 AUDITOR
5. B) Approve (1) excess funds in the amount of $373,550 from interest earnings are available in the 2000 Road Bond Project Fund; (2) the excess funds are not needed to fund any of the projects originally listed in the bond documentation; and (3) that excess funds in the amount of $373,550 are to be allocated to the ITS Transportation Enhancement Contract for fiscal year, and any appropriate action. (Briefing 10-19-04)
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order 04-0653
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 $ 6,250.00 to Denton County Bar Assn, incorrect vendor;
$ 74.00 to Stoffels & Associates, per department;
PUBLIC HEALTH $ 416.00 to Journal of Planning Ed/Research, incorr. vendor;ADDITIONS –
GENERAL
PLANNING $ 967.88 to Inn of the Hills, lodging – 4 employees;
CIVIL DA $ 186.80 to Omni San Antonio, lodging P Brooks;
DA $ 350.25 to Omni San Antonio, lodging K Scott & S Neal;
$ 350.25 to Staybridge Suites, lodging L Land & D Gonzales;
$ 315.25 to Staybridge Suites, lodging K Thornburg & N Salinas;
$ 315.25 to Staybridge Suites, lodging R Scott & S Squires;
TAX A/C $ 90,000.00 to Mail Box, 04 tax statement postage;
NON DEPT $ 1,837.33 to San Bay Studio, t-shirts;
$ 17,356.67 to Circle R Ranch, service award picnic;
TNCP $ 143.46 to Imagistics, copier lease payments
DA CHECK FEE $ 405.78 to Staybridge Suites, lodging D Jezek & B Redding.Move to approve as amended by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0654
ITEM 17 RECESS 10:12AM
ITEM 18 RECONVENE 10:17AM
ITEM 13 OTHER DEPARTMENTS
13. B) Adopt and approve the recommendation for the Electronic Selection of Petit Jurors, and any appropriate action. District Clerk (Briefing 10-12-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0655
ITEM 8 HUMAN RESOURCES
8. B) Approve changing slot #003-TJ in the TJPC/State Aid budget from a part-time Office Support Specialist position to a part-time Assistant Juvenile Probation Office position, and any appropriate action. (Briefing 10-19-04)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0656
ITEM 9 HEALTH
9. A) Approval of new CHIP Contract for FY2005 with the Texas Department State Health Services (DSHS), and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0657
ITEM 10 PUBLIC WORKS
10. A) Approval of November 30, 2004, 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 3-R & 4-R, Block 1, of Dove Hollow, Phase 1, Precinct 4, and any appropriate action. Planning
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-065810. B) Approval of November 30, 2004, 9:10 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 4, Block 36E, of Heritage Lantana, Precinct 4, and any appropriate action. Planning
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0659
ITEM 13 OTHER DEPARTMENTS
13. E) Acceptance of Ex-Officio Commissioner, Precinct #4 Road Report, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 04-0660
ITEM 14 LEGAL
14. B) 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 for the County Judge to execute the Memorandum of Understanding (MOU) for SH 121 Funding Strategy supporting the tolling of SH 121 on behalf of Denton County, Texas, and any appropriate action. (Briefing 10-12-04)
14. B-1) Move to approve with amendments: place all county items on the MOU, remove all city items on the MOU, and add a statement that the County is in agreement with and supports the cities’ requests, by Comm. Jacobs, seconded by Comm. Carter.
No Vote Taken14. B-2) Move to approve the MOU presented by John Polster with item 5 from the letter from the City of The Colony added after The Colony’s bullets by Comm. White, seconded by Judge Horn.
Motion Carried 3-1-1 (Mitchell nay, Jacobs abstain)
Court Order 04-066114. B-3) Move to approve amendment to motion by adding a statement that the County supports the cities’ position as long as it falls within the law by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Failed 2-3-0 (Horn, White, Carter nay)
ITEM 16 ADDENDA
16. A) Approval of the Acceptance of the Automatic Renewal Provisions in the Interlocal Cooperation Agreement for Communications Antenna Site License Agreement between Denton County and the Civil Air Patrol, United States Air Force Auxiliary, Texas Wing of the US Air Force and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0622
Discussion of item in Commissioners Court Transcripts to minutes. (Page 94)16. C) Approval of the Sales Order Agreement for the purchase of a refurbished Eagle IIIPE Precinct Scanner and Maintenance Services (Post Warranty Period) between Denton County, Texas and Electronics Systems and Software and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-066316. D) Approval of Lease Purchase Schedule No. 11097-74297 with attachments and exhibits between Denton County and Dell Marketing, L.P and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0664
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 11:15AM
Reconvened in Formal Session 11:50AM15. 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: 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.
15. E) 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. F) 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. G) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(B); Water damage to the Sandy Jacobs Government Center, Carrollton, Texas.
16. E) EXECUTIVE SESSION: Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1) (A); Discussion regarding Scott Schambacher a/k/a Avondale Ranch Lid., and failure to honor contract with Aqua Texas on Guy James Ranch and Avery Ranch Subdivisions in violation of the plats, Texas Law and Denton County Rules and Regulations for Subdivisions, and requesting or authorizing legal action as appropriate from District Attorney’s Office, Civil Division, regarding same.
NO ACTION TAKEN ON ANY EXECUTIVE ITEMS
ITEM 14 LEGAL
14. E) Approval of the settlement offer and authorization of the County Judge to execute the Release of Claim arising form the water damage to the Sandy Jacobs Government Center on March 3, 2002, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0665
ITEM 16 ADDENDA
16. B) Approval regarding Scott Schambacher a/k/a Avondale Ranch LTD, and failure to honor contract with Aqua Texas on Guy James Ranch and Avery Ranch Subdivisions in violations of the plats, Texas law and Denton County Rules and Regulations for Subdivisions, and requesting or authorizing legal action as appropriate from District Attorney’s Office, Civil Division, regarding same and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0666
ITEM 17 RECESS 11:55AM
ITEM 18 RECONVENE 11:58AM
ITEM 19 ADJOURNMENT 12:00PM
This set of minutes for October 26, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.