 |
Denton County Commissioners Court |
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 December 21, 2004.
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas
|
By: |
|
|
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 21st 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 Jim Heath followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Public Works/Planning Manager.
Mr. Heath: Bow your heads, please. Our Heavenly Father, thank You for this
day. Thank You for this country we live in. Be with this Commissioners Court
today as they do our business with the County. Please be with all of our service
men throughout the world, wherever they may be in harm's way. Look over us all
this day. In Thy name we pray. Amen.
ITEM 2 CONSENT AGENDA
(Item 13B was pulled.)
TREASURER
5. C) Approval of Payroll.
PURCHASING
6. A) Approval of exemption from bidding for Sole Source purchase for software licensing, professional services and support from Datastream System, Inc., according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 12-14-04)
6. B) Approval of award for Printing, Bid #08-04-1633, Section I to Metroplex Finishing, and Section II and III to CLC Business Products, and any appropriate action. (Briefing 12-14-04)
6. C) Approval of Workers’ Compensation, Insurance. RFP #08-02-1512, with Texas Association of Counties, and any appropriate action. (Briefing 12-14-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100340 for Fleet Liability Insurance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $18,361, and any appropriate action. (Briefing12-14-04)
7. C) Approval of Budget Amendment Request #100350 for Computers for County-Wide Technology in the amount of $3,085, and any appropriate action. (Briefing 12-14-04)
7. D) Approval of Budget Amendment Request #100360 for Computer Software for County-Wide Technology in the amount of $684, and any appropriate action. (Briefing 12-14-04)
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.) Brandi Hicks, Deputy Clerk/Ad Valorem/Tax Assessor-Collector; Keri LeBlanc, Deputy Clerk/Motor Vehicles/Tax Assessor-Collector; Jo Ann Blacketer, Deputy Clerk/Motor Vehicles/Tax Assessor-Collector; Christina Burress, Deputy Clerk/Motor Vehicles/Tax Assessor-Collector; Jeremiah Zimmerman, Juvenile Corrections Officer/JJAEP; Elizabeth Stokes, Paralegal/DA-Child Abuse Pros. Exp. Grant; Senga Danford, Office Support Specialist II/WIC-Administration; Kari Pinion, Administrative Specialist I/Sheriff.
HEALTH
9. A) Approval of a revised contract with Texas Department of State Health Services (DSHS) for CPS-BIOTERRORISM PREPAREDNESS, and any appropriate action. (Briefing 12-14-04)
PUBLIC WORKS
10. B) Approval the FINAL Plat of the Anderson Addition, Precinct #1 and any appropriate action.
LEGAL
14. C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Palo Pinto County, and any appropriate action. (Briefing 12-14-04)
14. D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Lewisville, and any appropriate action. (Briefing 12-14-04)
14. E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) City of Lewisville and (2) the Town of Westlake, and any appropriate action. (Briefing 12-14-04)
14. F) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Sanger, and any appropriate action. (Briefing 12-14-04)
14. G) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Palo Pinto County, and any appropriate action. (Briefing 12-14-04)
14. H) Approval of District Office Lease Contract between Denton County, Texas and the Committee on House Administration of the House of Representatives of the State of Texas for the benefit of Burt R. Solomons, a member of the House of Representatives of the State of Texas, and any appropriate action. (Briefing 12-14-04)
14. I) Approval o f Change Order #2 to the Contract Agreement between Denton County, Texas and Sunmount Corporation, Bid # 01-04-1593, in the amount of $2,208.40, for total contract amount of $306,990.61, for the Intersection Improvements for US Hwy. 380 at Jackson, Nail and Egan in Denton County, Texas, and any appropriate action. (Briefing 12-14-04)
Move to approve Consent Agenda with the exception of item 13B by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0750
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of Building Usage request from Denton Community Church for use of the Courthouse-on-the-Square Lawn, December 24, 2004, from 5:30 pm to 6:30 pm for the purpose of a candlelight service, and any appropriate action. Aide-to-the-Court (Briefing 12-14-04)
NO ACTION – USE OF BUILDING IS NO LONGER NEEDED
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 Conoco Phillips, duplicate payment;
$ 302.00 to Merit Court Reporters, incorrect vendor;ADDITIONS –
GENERAL
APPROP $ 5,047.00 to North Central Texas COG, dues Oct 04- Sept 05;
NON DEPT $ 1,500.00 to Texas Lawyers Insurance, prof liab fee – Gabriel;
COLONY ANNEX $ 155.36 to City of The Colony Utility, svc – Colony Annex;
MISC $ 1,753.69 to Verizon Wireless Messaging, svc;
CONST #4 $ 154.75 to Gould Publication, Handbook – Constable #4;
S.O. $ 100.00 to Susan Elrod, Tobacco Buy Money;
CONST #3 $ 209.00 to Marx Howell, Reg Fee – Diane Love/Const #3;
CIVIL DA $ 17.00 to Division of Vital Records, birth certificate copy;
ELECTIONS $ 96.25 to Daniel Campos, Election Judge – Pct 306;
NON DEPT $ 24.00 to Mi Casa Restaurant, Holiday Meal;
PH-CLINICAL $ 7,666.32 to Denton Prescription, November Pharmacy;
FED HLTH CARE $ 123.58 to Denton Prescription, November Pharmacy;
04 TAX NOTES $ 4,300.00 to The Woodhouse, Arm Chairs.Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-07515. B) Approval of an Order authorizing the issuance of “Denton County, Texas, Permanent Improvement Bonds, Series 2005”; specifying the terms and features of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0752
ITEM 7 BUDGET
7. E) Approval of Budget Amendment Request #100370 for CASA (Court Appointed Special Advocates) including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Health Care Relief Fund in the amount of $27,235, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0753
ITEM 8 HUMAN RESOURCES
8. B) Approve exempting the self-funded portion of the Denton County Public Employee Benefits Cooperative Plan (PEBC EPA Medical Plan PEBC PPO Medical Plan, and the PEBC PPO Dental Plan) from the requirements of the XXVII of the Public Health Service Act (PHS Act), and any appropriate action. (Briefing 12-14-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0754
ITEM 10 PUBLIC WORKS
10. A) Approval of (a) participating in the 2005 NTCOG Regional Storm Water Management Program, and (b) authority for the County Judge to execute the Funding Committee Response Form, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0755
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of appointments to the Citizens Storm Water Review Committee, and any appropriate action. Commissioners Court
Move to approve appointment of Jerry Campbell by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0756
13. C) Approve the re-appointment of Mary Thomas to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #2 (Briefing 12-14-04)
13. D) Approval of appointment of Mr. Kyle Belew to the Denton County Storm Water Committee, and any appropriate action. County Judge
13. E) Approve the re-appointment of Sarah Hartpence to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #4
13. F) Approve the re-appointment of Don White, Sr. to the Denton County Social Service Organization Committee, and any appropriate action. Commissioner, Precinct #4
13. G) Approve the re-appointment of Richard Cook to the Denton County Veterans Advisory Board, any appropriate action. Commissioner, Precinct #4
13. H) Approve the re-appointment of Brian Darby to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4
13. I) Approve the re-appointment of Phillip L. Henderson to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4
13. J) Approve the re-appointment of Joe Phelps to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4
13. K) Approve the re-appointment of Curtis Talley to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4
13. L) Approve the re-appointment of David Ford to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4
13. M) Approve the re-appointment of Lonnie Yarbrough to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #4
13. N) Approve the re-appointment of Thomas Yoder to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4
13. O) Approve the re-appointment of John Johnson to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4
13. P) Approve the appointments of Annell Bradford, Tommy Brewer, and Andrew Eads to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
13. Q) Approval of the appointment of Ms. Dawn Hessel to the Denton County Local Emergency Planning Committee, and any appropriate action. County Judge
Move to approve items 13C-13Q by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0757
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of Amendment No. 2 to the Administrative Services Agreement between MHN Services and Denton County Group #4542, and any appropriate action. (Briefing 12-14-04)
HOLD UNTIL LATER IN THE MEETING14. J) Approval of fiber optic cable network to connect governmental facilities and approval of possible Interlocal Agreement with the Denton Independent School District, and any appropriate action. (Briefing 12-14-04)
NO ACTION14. K) Approval of the Services Work Order with Now Solutions, Inc., and Denton County, Texas to provide emPath Application Consulting and Crystal Reporting Consulting on a time and materials basis for open enrollment and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0758
ITEM 16 ADDENDA
16. A) Approval of the proposal for surveying services from Teague, Nall and Perkins, Inc. for the following Road and Bridge and BRINSAP Program Project: (1) Canyon Road Culvert Project; (2) Duck Creek Road at Duck Creek Tributary Bridge Project; (3) Jackson/Radecke Road Culvert Project; (4) Huling Road BRINSAP Program Bridge Project; and (5) John Paine Road BRINSAP Program Bridge Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-075916. B) Approval of the Supplement Agreement to the North Texas Tollway Authority (NTTA) Agreement for the Lewisville Lake Bridge Corridor in the amount of $202,176.85, for a total contract amount of $1,388,079.75, and any appropriate action. DA/Civil Division
NO ACTION—POSTPONED
ITEM 17 RECESS 9:56AM
ITEM 18 RECONVENE 10:12AM
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 10:14AM
Reconvened in Formal Session 11:17AM
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 or District Court after remand.
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. F) Deliberations about Real Property; Texas Government Code, Section 551.072; Disposition of certain property in the area of the City of The Colony.
15. G) 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. H) 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. I) 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. J) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 14 LEGAL
14. B) Approval of Amendment No. 2 to the Administrative Services Agreement between MHN Services and Denton County Group #4542, and any appropriate action. (Briefing 12-14-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0760
ITEM 19 ADJOURNMENT 12:20PM
This set of minutes for December 21, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
