Denton County, Texas, Seal

Denton County Commissioners Court
Denton County Commissioners Court
Courthouse-on-the-Square, 110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes


Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.


I, Cynthia Mitchell, County Clerk of Denton County, Texas, do hereby certify that the following Commissioners Court Minutes are a true and correct record of the proceedings from the Commissioners Court Meeting on November 23, 2004.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

By:

Deputy County Clerk

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 23rd day of November, 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 and Bobbie J. Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.

Court opened with an Invocation by LeDena Ferrell, Chief Administrator, Commissioner Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Planning Manager.

Ms. Ferrell: Father God, we just thank You today for our many blessings. We thank You, Lord, that we have health in our bodies and we have so many things to give thanks for in this time of Thanksgiving. And today, Lord, we just ask now that You would be especially with our Commissioners Court, that you would grant them wisdom, guide and direct them in every decision that they make today. And we ask these things in Jesus' name. Amen.

ITEM 2 CONSENT AGENDA

(Item 8A-7 pulled for further consideration and/or separate vote.)

BUDGET

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

7. B) Approval of Budget Amendment Request #100220 for Computers @ $5,770 for District Clerk and District Clerk Records Management and Hardware Maintenance @ $1,272 for Justice Information System for a total amendment of $7,042, and any appropriate action. (Briefing 11-16-04)

7. C) Approval of Budget Amendment Request #100240 for Computers and Computer Software for Tax Assessor/Collector and County-Wide Technology in the amount of $4,214, and any appropriate action. (Briefing 11-16-04)

7. D) Approval of Budget Amendment Request #100260 for Statement of Facts for 393rd District Court in the amount of $1,890, 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.) Audra Inman, Detention Officer I/County Jail; Jeanetta Titterington, Detention Officer I/County Jail; Dwayne Jackson, Detention Officer I/County Jail; Gregory Lawrence, Detention Officer I/County Jail; Gregory Tassin, Detention Officer I/County Jail; Francis Rotello, Technical Services Technician/Sheriff; Wayne Rhodes, Chief Deputy/Constable, Pct. 2; Sidney Patterson, Deputy Constable/Constable, Pct. 6; Crystal Carodine, Misdemeanor Prosecutor II/Criminal District Attorney; Glenn Dixon, Systems Support Specialist/Information Services; Korey Boykin, Detention Officer I/County Jail.

LEGAL

14. B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Wise County, and any appropriate action. (Briefing 11-16-04)

14. C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Wise County, and any appropriate action. (Briefing 11-16-04)

14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Coppell, and any appropriate action. (Briefing 11-16-04)

14. E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Pilot Point Volunteer Fire Department; and (2) the Sanger Volunteer Fire Department, and any appropriate action. (Briefing 11-16-04)

14. F) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Pilot Point, and any appropriate action. (Briefing 11-16-04)

14. G) Approval of Supplement Agreement #3 to the Contract between Denton County, Texas, and Halff Associates, Inc., for Litsey Road in the amount of $20,000.00, for a total contract amount of $1,010,145.00, and any appropriate action. (Briefing 11-16-04)

Move to approve Consent Agenda with the exception of item 8A-7 by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 04-0705

ITEM 8 HUMAN RESOURCES

8. A-7) 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.) Christopher Steubing, Director of Eng./Veh. Maint./County Planning Department.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 2-1-0 (Mitchell nay)
Court Order 04-0706

ITEM 4 PUBLIC HEARINGS

4. A) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2), Abstract 1238, Tract 4, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning Department

Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0

Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 04-0707

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 $ 250.00 to Hardy Burke – Attorney, incorrect vendor;
$ 90.00 to Arlene Lewis – Interpreter, incorrect vendor;

ADDITIONS –
GENERAL
COLONY ANNEX $ 189.67 to City of The Colony Utility, Svc – Colony Annex;
GENERAL $ 10.00 to JP#1, Return Unclaimed Funds;
JUV PROBATION $ 78.23 to Chevron, Gasoline – Juvenile Probation.

Move to approve amended bill report by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 04-0708

ITEM 7 BUDGET

7. E) Approval of Budget Amendment Request #100290 for Training & Education including the transfer of funds from Non-Departmental Unappropriated Contingency – Regular Contingency for Non-Departmental in the amount of $622, and any appropriate action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 04-0709

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of the appointments to the Citizens Stormwater Review Committee, and any appropriate action. Commissioners Court (Briefing 11-16-04)
NO ACTION

13. B) Approval of the re-appointment of Ms. Barbara Roberts to the Denton County Child Protective Services Board, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 04-0710

13. C) Approval of any appropriate action to utilize $970 from the 2004 Tax Note Funds, 74-7603-9010 line item - CHOS Refurbish Flooring, to purchase a table and eight chairs for room 303. Facilities

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 04-0711

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

14. H) Acceptance of the Award of Grant Funding from the Criminal Justice Division of the Governor’s Office for continuation and new funding from the State Criminal Justice Planning Fund (421) for the Criminal District Attorney’s 421-Civil Child Abuse Prosecution (CAP) and 421-Civil Child Prosecution Expansion (CAPE) Grants, and any appropriate action. (Briefing 11-16-04)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 04-0712

14. I) Approval and acceptance of the Donation Deeds between Denton County, Texas, and 1) Rayzor Ranch L.P. and 2) CL/RPG Land Company L.P. for the Copper Canyon Road Improvement Right-of-Way Acquisition Project, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 04-0713

ITEM 17 RECESS 9:14AM
ITEM 18 RECONVENE 9:16AM

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 9:17AM
Reconvened in Formal Session 9:30AM

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; Canyon Lake Ranch.

16. B) EXECUTIVE SESSION - Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071; Denton County District Clerk, et al. v. Robert Osburn, P.C. and Blassingame & Osburn, P.C., et al. in the Supreme Court of Texas, Cause No. 04-0214. DA/Civil Division

16. C) EXECUTIVE SESSION – Deliberations about Real Property, Texas Government Code, Section 551.072; the Real Estate Contract between Denton County, Texas, and the Scrivner Family Trust by Trustee Thurman Scrivner for the Florence Road Improvement right-of-way acquisition Project. DA/Civil Division
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 16 ADDENDA

16. A) Approval of 1) the Real Estate Contract between Denton County, Texas, and the Scrivner Family Trust by Trustee Thurman Scrivner for the Florence Road Improvement right-of-way acquisition Project, 2) authorization to proceed with closing for the purchase of the Scrivner Property, 3) authorization for the County Judge to sign all necessary closing documents for the purchase of the Scrivner Property, and 4) direction for the County Auditor to issue a warrant for the purchase and closing fees for the purchase of the Scrivner Property, and any appropriate action. DA/Civil Division

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 04-0714

ITEM 19 ADJOURNMENT 9:31AM

This set of minutes for November 23, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.