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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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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 December 14, 2004.
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas
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By: |
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Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 14th day of December, 2004, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Cynthia White, Sandy Jacobs, Bobbie J. Mitchell, and Jim Carter were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.
Court opened with an Invocation by Michael Schwind, Denton 4-H Club, followed by the Pledges of Allegiance to the American Flag led by Meghan Schwind, Denton 4-H Club, and Texas Flag led by Molli Schwind, Denton 4-H Club.
Mr. Schwind: Dear Lord, thank You for letting us all be here together. Thank
You for all that You have given us. Please help the troops overseas and keep
them safe and bring them home soon. And please let us all have a good week and a
good holiday season. Amen.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Presentation by the Denton County Office of the Texas Cooperative Extension of their annual report to the Commissioners Court, and any appropriate action.
NO ACTION
Discussion of item in Commissioners Court Transcript to minutes. (Page 2)
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #100320 for Contract Labor for Bioterrorism Preparedness Grant in the amount of $10,447, and any appropriate action.
7. D) Approval of Budget Amendment Request #100330 for Computer Supplies for Criminal District Attorney-Civil Division in the amount of $1,862, 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.) Rick Schickedanz, Juvenile Detention Officer/Juvenile Detention; Isaac Tellez, Juvenile Detention Officer/Juvenile Detention; Debra Wilson, Senior Clerk/Courts/County Clerk; Sharon Cornelius, Deputy Clerk II-Courts/County Clerk; Stephanie Morgan, Detention Officer I/County Jail; Steven Yeahquo, Detention Officer I/County Jail; Rick Muse, Sergeant/Constable, Pct. 2; Dmitri Orleanski, Health Services Specialist II/Jail Health Department.
HEALTH
9. A) Approval of a contract with DSHS for HIV Prevention services and any appropriate action. (Briefing 12-07-04)
LEGAL
14. C) Approval of the Planned Maintenance Agreement between Denton County and Waukesha-Pearce Industries, Inc., for prevention maintenance of Emergency Generators, and any appropriate action. (Briefing 12-07-04)
14. D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) The Town of Flower Mound and (2) the City of Little Elm, and any appropriate action. (Briefing 12-07-04)
14. E) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (a) the Denton Public Library; (b) the City of Justin; (c) the City of Lewisville, and any appropriate action. (Briefing 12-07-04)
14. F) Approval of the Interlocal Cooperation Agreement for Fire Protection between Denton County, Texas and the Town of Flower Mound, and any appropriate action. (Briefing 12-07-04)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (White abstain)
Court Order 04-0740
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Discussion regarding fiber optic cable network to connect governmental facilities and approval of possible Interlocal Agreement with the Denton Independent School District, and any appropriate action. Information Services (Briefing 12-07-04)
NO ACTION
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—
CCP $ 40.00 to Denton Co Mental Health, duplicate payment;ADDITIONS—
GENERAL
CIVIL DA $ 50.00 to Oklahoma Co Sheriff’s Dept, service/DA;
ELECTIONS $ 84.00 to Carrie Bowden/Elections, election expense;
CIVIL DA $ 75.00 to Pierce County Sheriff, serve citation;
R&B-ENG $ 2,000.00 to Urbina D. Jorge – Atty, professional services.Move to approve amended bill report with vendor 536 on page 5 held until next week by Comm. Jacobs, seconded by Comm. Mitchell
Motion Carried 5-0-0
Court Order 04-0741
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100310 for Repairs and Maintenance including the transfer of funds from District Clerk Records Management for Denton County Courts Building in the amount of $3,261, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0742
ITEM 13 OTHER DEPARTMENTS
13. A) Acceptance of Ex-Officio Commissioner Road & Bridge Summary Report for Precinct 2, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-074313. B) Approve the re-appointment of Pamela Head to the Denton County Social Services Organization Committee, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-074413. C) Approval of Resolution in support of Recorded Texas Legislative Vote Reform, and any appropriate action. Commissioner, Precinct #2
NO ACTION13. D) Approval of appointments to the Citizens Storm Water Review Committee, and any appropriate action. Commissioners Court
NO ACTION13. E) Approve re-appointment of Richard McMullen to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0745
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of any appropriate action related to the Second Amended and Restated Joint Interlocal Cooperation Agreement for Peace Officer and Patrol Services between Denton County and the following:
Denton County Fresh Water Supply District No. 8-A
Denton County Fresh Water Supply District No. 8-B
Denton County Fresh Water Supply District No. 8-C
Denton County Fresh Water Supply District No. 9
Denton County Fresh Water Supply District No. 10
Denton County Fresh Water Supply District No. 11-A and
Denton County Fresh Water Supply District No. 11-B (Briefing 12-07-04)Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0746
Discussion of item in Commissioners Court Transcript to minutes. (Page 48)14. G) Approval of the new Deed without Warranty between Denton County, Texas, and Marlene Hazlewood, signed November 29, 2004, for the Rector Road Bridge Replacement right-of-way acquisition project, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0747
ITEM 17 RECESS 10:18AM
ITEM 18 RECONVENE 10:26AM
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 10:27AM
Reconvened in Formal Session 12:17AM
White was absent when Formal Session reconvened.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: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Blue Skies Alliance, Downwinders at Risk, Public Citizen and Sierra Club, non-profit corporations, Plaintiffs, vs. Michael O. Leavitt, Administrator, US Environmental Protection Agency; Richard E. Greene, Regional Administrator, US Environmental Protection Agency, Region XI, and the United States Environmental Protection Agency, Defendants Cause # 3:04-cv-02169, pending in the United Stated District Court for the Northern District of Texas in Dallas, Texas.
15. E) Consultation with Attorney: Section 551.071 (2); Discussion regarding legal issues related to the Interlocal Agreement with Denton Independent School District regarding fiber optic network to connect governmental facilities.
15. H) Consultation with Attorney: Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim regarding fixtures, plumbing, and security at Pretrial Detention Center.
15. I) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott T. Schambacher, individually and in all capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes, L.T.D., S.T.S. Contracting Services, L.L.C., and S.T.S. Construction, Inc.
15. J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): Deliberations concerning the evaluation, reassignment, duties, discipline and/or dismissal of the Denton County Economic Development Director.
15. K) Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); EEOC Claim of Retha Modester.
16. A) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton. DA/Civil Division
NO ACTION ON ANY EXECUTIVE ITEMS EXCEPT ITEMS 15F AND 15G15. F) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.
ORDER: Approve in substance the Rule 11 Settlement Agreement subject to the condition in the agreement being met by all parties.Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-074815. G) Deliberations about Real Property; Texas Government Code, Section 551.072; Disposition of certain property in the area of the City of The Colony.
ORDER: Authorize Beth Fleming to hire appraisal services for several pieces of property. There will be a Budget Amendment from Unappropriated Contingency to take care of the funding.Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0749
ITEM 19 ADJOURNMENT 12:20PM
This set of minutes for December 14, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
