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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 January 11, 2005.
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 11th day of January, 2005, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Commissioner Jim Carter. Commissioners Sandy Jacobs, 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 LeDena Ferrell, Chief Administrator, Commissioner, Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Chris Steubing, Director of Engineering.
Ms. Ferrell: Father, we're just so thankful today that we are such a blessed
people and we just want to give You thanks today. We ask, Lord, that you would
just comfort those who are suffering around the world. And we're just reminded
again of how blessed we And, Father, just help us not to be apathetic or to grow
weary in doing good for others, but help us, Lord, to assist our fellow man that
is in need. We pray even for our fellow Americans today in California that are
suffering, Lord, due to extreme weather conditions, and we pray for their
safety. And now today, we turn our thoughts to Court today, and we ask that You
would just give our Commissioners wisdom today to make the right choices and the
right decisions for our County. And we just thank You. In Jesus' name.
ITEM 13 OTHER DEPARTMENTS
13. M) Consideration of discussing and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds. Commissioner, Precinct #2
Move to approve with adding one line item that we stay flexible, don’t specifically state any projects; 1991 Bond, 1999 BSRP, 2004 TRIP-04, total $50,000,000.00 issuance to be placed in a single line item labeled Advanced Planning by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0015ITEM 2 CONSENT AGENDA
(Item 8A was pulled for further consideration and/or separate vote. Item 7A was pulled for NO ACTION.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award of bid for Furniture Refinishing at Courthouse on the Square, Bid #10-04-1640, to Quality Touch Up, and any appropriate action. (Briefing 01-04-05)
BUDGET
7. B) Approval of Budget Amendment Request #100380 for Repairs and Maintenance including the transfer of funds from District Clerk Records Management Unappropriated Contingency for Denton County Courts Building in the amount of $2,200, and any appropriate action. (Briefing 01-04-05)
7. C) Approval of Budget Amendment Request #100390 for Non-Departmental Consultant Fees including the transfer of funds from Non-Departmental Regular Unappropriated Contingency in the amount of $14,000, and any appropriate action. (Briefing 01-04-05)
7. D) Approval of Budget Amendment Request #100400 for Printed Material including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for the DA Hot Check Fund in the amount of $890, and any appropriate action. (Briefing 01-04-05)
7. E) Approval of Budget Amendment Request #100410 for Tax Statements for Tax Assessor/Collector in the amount of $10,354, and any appropriate action.
HUMAN RESOURCES
8. B) Approve revisions to the PEBC Privacy Policy, and any appropriate action. (Briefing 01-04-05)
HEALTH
9. A) Approval of contract with Department of State Health Services (DSHS) for Immunization services and any appropriate action. (Briefing 01-04-05)
LEGAL
14. B) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Justin Volunteer Fire Department, and any appropriate action. (Briefing 11-04-05)
14. C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the Justin Volunteer Fire Department, and any appropriate action. (Briefing 11-04-05)
14. D) Approval of Interlocal Agreement for Professional Services between the Counties of Tarrant, Dallas, Denton, the City of Frisco and the North Texas Tollway Authority (NTTA), as members of the Public Employee Benefit Cooperative of North Texas, with the North Central Council of Governments, NCTCOG), and any appropriate action. (Briefing 01-04-05)
Move to approve Consent Agenda with the exception of items 7A & 8A by Comm. Mitchell, seconded by Comm. White.
Motion Carried 3-0-0 (Jacobs was absent at time of vote.)
Court Order 05-0016
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
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—
GENERAL $ 125.00 to Denton Housing Authority, incorrect vendor;
$ 10,972.93 to Guida, Slavich & Flores, incorrect amount;
$ 595.00 to Hayes, Berry, White, McMurray, incorrect vendor;ADDITIONS—
GENERAL
S.O. $ 150.00 to Jose Pena, San Marcos travel advance;
$ 280.69 to Hampton Inn & Suites, lodging – Elrod;
$ 561.38 to Hampton Inn & Suites, lodging – Pena/Kish;
$ 150.00 to Larry Kish, San Marcos travel advance;
MISC $ 639.94 to Progressive Concepts, svc – DPS;
$ 98.20 to Progressive Concepts, svc – Constable #5;
$ 72.83 to Progressive Concepts, svc – Bartonville Interlocal;
S.O. $ 189.00 to Powerphone, Inc, reg fee – Elissa Bailey;
$ 150.00 to Susan Elrod, San Marcos travel advance;
CSCD $ 320.48 to Progressive Concepts, service – CSCD.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0017
ITEM 6 PURCHASING
6. B-1) Consideration of action on change in type of vehicle to be purchased for Constable Precinct 2, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 2-2-0 (White & Mitchell nay)6. B-2) Approve the committee’s recommendation for the type of vehicle to be purchased for Constable Precinct 2.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 2-0-2 (Jacobs & Carter abstain)
Court Order 05-0018
ITEM 8 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.) Charles Westbrook, Heavy Equipment Operator/Road & Bridge Pct 1; Lacey Lee, Shift Leader/Juvenile Detention; Lynn Dale Brown, Office Support Specialist II (PT)/Death Investigation/M.E. Services.
Move to approve 8A-3, 8A-4, & 8A-5 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-00198. A-2) 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.) James Conley, Deputy Constable/Constable, Pct 5.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-00208. A-1a) 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.) Hire Ronald VanderRoest without policy compliance at Step 6.
Move to approve by Comm. White.
Motion Failed due to lack of Second.8. A-1b) 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.) Hire Ronald VanderRoest, Chief Deputy/Constable, Pct 5, within policy at Step 5.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (White nay)
Court Order 05-0021
ITEM 11 COUNTY CLERK
11. A) Acknowledge the County Clerk minutes will no longer be included in the agenda packet for approval in accordance with Local Government Code 81.003 ( c ), and any appropriate action. (Briefing 01-04-05)
NO ACTION – REPOST NEXT WEEK
ITEM 13 OTHER DEPARTMENTS
13. A) Approve the drawing of names from the 2004 Grand Jury to serve on the Denton County Salary Grievance Committee, and any appropriate action. Aide-to-the-Court (Briefing 01-04-05) Michael Berry, Carl R. Anderson, Allison Coe, Bob McCombs, William Stockard, Jayne Boyle, Odessa Sharpless, Susan Romero, Brenda Mitchell. ALTERNATES: J. Tyler Wood, Miguel Sanchez, R.M. Stevens, Jim Bateman, Lonnie Tipton, Teddy Gibbs, Kelly Box, Jay Rodgers, Marilyn Meyer.
NO ACTION – MOTION & VOTE TAKEN LATER13. B) Approval of the re-appointment of Mr. Jerry Alford to the Denton County Transportation Committee, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-002213. C) Approval of the re-appointment of Mr. Tim Skeene to the Denton County Transportation Committee, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-002313. D) Approval of the re-appointment of Mr. Raymond D. Roberts to the Denton County Transportation Committee, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0024
13. E) Approval of the re-appointment of Ms. Judy Andes to the Denton County Transportation Committee, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-002513. F) Approval of the re-appointment of Mr. Richard Tedrow to the Building & Property Committee, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-002613. G) Approval of the re-appointment of Mr. Robert Swanbeck to the Building & Property Committee, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-002713. H) Approval of the re-appointment of Mr. Joseph “Jody” Gonzalez to the Denton County Environmental Task Force, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-002813. I) Approval of the re-appointment of Mr. Mike Sweet to the Denton County Environmental Task Force, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-002913. J) Approval of the re-appointment of Mrs. Elaine Emery to the Denton County Health Advisory Board, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-003013. K) Approval of the re-appointment of Mr. Michael Davis to the Denton County Veterans Advisory Board, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-003113. L) Approval of the re-appointment of Mrs. Shirley Spellerberg to the Social Service Organization Committee, and any appropriate action. County Judge
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-003213. N) Approve the re-appointment of Mike Weldon to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-003313. O) Approve the re-appointment of Jack Smith to the Transportation Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-003413. P) Approve the re-appointment of Greg Sawko to the Transportation Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0035
Discussion of item in Commissioners Court Transcript to minutes. (Page 102)13. Q) Approve the re-appointment of Fritz Poppe to the Building & Properties Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-003613. R) Approve the re-appointment of Dick Tedrow to the Lake Ray Roberts Planning and Zoning Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-003713. A) Approve the drawing of names from the 2004 Grand Jury to serve on the Denton County Salary Grievance Committee, and any appropriate action. Aide-to-the-Court (Briefing 01-04-05)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0038
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters.
NO ACTION
ITEM 16 ADDENDA
16. A) Approval of Emergency Budget Amendment Request #100420 creating a new line item for Security Service including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for CHOS Museum in the amount of $3,202, and any appropriate action. Budget
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0039
ITEM 17 RECESS 11:08AM
ITEM 18 RECONVENE 11:11AM
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 11:17AM
Reconvened in Formal Session 12:10PM15. 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 demand. 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) 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. G) 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.
16. B) EXECUTIVE SESSION – Personnel Matters, Texas Government Code, Section 551.074 (a)(1): Civil Service Grievance filed by Vanessa Sims. DA/Civil Division
NO ACTION ON ANY EXECUTIVE ITEMS WITH THE EXCEPTION OF ITEM 15D.15. D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; In the United States District Court for the Eastern District of Texas, Sherman Division; Case No. 4:04-CV-00441-MHS; Ron Akin v. The Honorable Robert D. Simms, As The Presiding Judge of The Oklahoma Multicounty Grand Jury, Joel-Lyn McCormick, as Assistant Oklahoma Attorney General; Charles Rogers, as Assistant Oklahoma Attorney General; Weldon Lucas, as Denton County Sheriff; and Bruce Isaacks, as Denton County Criminal District Attorney.
Move to approve assignment of representation of this action to the Civil Section, specifically to Hugh Coleman, the Sheriff’s counsel by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0040Motion to close meeting by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
ITEM 19 ADJOURNMENT 12:12PM
This set of minutes for January 11, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
