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 December 7, 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 22nd day of February, 2005, 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, 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 Willie Hudspeth followed by the Pledges of Allegiance to the American and Texas Flags led by Cynthia Mitchell, County Clerk.

Mr. Hudspeth: Judge, and Commissioners, you can learn a lot, I've found, from little people, my little grandkids. And they have taught me a lot and that's what I want to pray about today, that we should all get along and that God loves us all. So would you pray with me? God thank You for this day. And we thank You that we can come together in this great country of ours, where we can come and have differences and have the freedom to present those differences. I'd ask that You preside over the meeting along with the Commissioners and the Judge and let it be a time of love and sharing. And that You will be in the midst of us and give us the understanding and the wherewithal to be the kinds of people that You would like us to be. I'd ask, again, that You would be with us and have this spirit of fellowship and a willingness to do the things that are best for all. In Jesus' name, I pray. Amen.

ITEM 1 PUBLIC INPUT

Tedd McWhinney spoke on putting a statue of Martin Luther King, Jr. on the east side of the Courthouse on the Square.

Willie Hudspeth spoke on turning on the water fountains on the Confederate Monument.

Cynthia Mitchell spoke on getting plats online.

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 #100520 to reduce revenues and expenditures for Shady Shores Law Enforcement Contract in the amount of $73,908, and any appropriate action. (Briefing 02-08-05)

7. D) Approval of Budget Amendment Request #100540 for various line items including the transfer of funds from JP Technology-Unappropriated Contingency for JP Technology in the amount of $2,323, and any appropriate action. (Briefing 02-08-05)

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.) Angi Blagg, Senior Administrator/County Clerk; Michelle Hartline, Deputy Clerk/Courts/County Clerk; Kimberly Kox, Senior Administrator/County Clerk; Julie Huggins, Deputy Clerk/Courts/County Clerk; Derek Edwards, Office Support Specialist I/County Operations; Michael Brown, Juvenile Corrections Officer/Juvenile Post Adjudication; Michael Duke, Deputy Sheriff-Mental Health/Sheriff’s Mental Health Unit; Maureen Hutson, Chief Administrator to Chief Deputy/Sheriff; James Michael Ballard, Lieutenant-Civil/Sheriff; Sandra Schon, Office Support Specialist II/Sheriff; Paul Raymond Dragoo, Detention Officer I/County Jail; Jennifer Waring, Detention Officer I/County Jail; Michael McKeown, Sergeant-Detention/County Jail; Justin Ramon, Sergeant-Detention/County Jail; Capricia Finke, Administrator to Detention Chief/County Jail; Brynn Warner, Health Services Specialist I/Jail Health Department; Kulraj Singh, Health Services Specialist II/Jail Health Department; Esmeralda Diaz, Community Supervision Office Assistant/CSCD (Adult Probation); Minerva Cisneros, Office Support Specialist I (PT)/Cosntable, Precinct 2; Jennifer Schwartz, Intern/County Planning Department; Daniel Hendrick, Intern/County Planning Department; Anaiah Johnson, Intern/County Planning Department; Stephen Arndt, Counselor/Juvenile Post Adjudication.

OTHER DEPARTMENTS

13. C) Approval of Building usage request from Fema Awards Committee for use of the Selby House/Freeman Parking Lot on March 29, 2005 from 1:00 pm to 5:00 pm for parking while attending meeting at the Campus Theatre, and any appropriate action. Aide-to-the-Court (Briefing 02-08-05)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0099

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. A) Presentation of Development Issues in Denton County and any appropriate action. Commissioner, Precinct #1
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 $ 127.81 to Ballard, Mike – Const #5, incorrect vendor;

ADDITIONS—
GENERAL
CSCD $ 11,250.00 to Paul Guzik, Feb lease;
DPS $ 350.00 to Joe Skiles, Feb lease;
CHOS $ 262.50 to City of Denton, Feb lease;
Planning $ 60.00 to National Assoc of Counties, fee-achievement award;
CPS $ 6,480.00 to Property Search, Feb lease;
Probate $ 8,000.00 to Dr. James Shupe, psychiatric services;
Leased Bldgs $ 1,000.00 to Harold A. O’Neal, Feb lease;
$ 2,960.00 to Masoud Property, Feb lease;
$ 2,000.00 to Ray Hair, Feb lease;
Juv Probation $ 4,000.00 to Garden Ridge at Valley Co, Feb lease;
PH $ 200.00 to Denton Housing Authority, Feb lease;
WIC $ 2,254.31 to James Holmes, Feb lease;
WIC $ 2,742.25 to David E Classens Investments, Feb lease;

DELETIONS—
GENERAL $ 45.00 to Lewis, Arlene – Interpreter, incorrect amount;
$ 2,287.50 to Hammerle Finley, incorrect amount;
WIC $ 189.49 to Reliant Energy, incorrect amount;

ADDITIONS—
Juv. $ 600.00 to Kroll, lab screens;
WIC $ 189.49 to First Choice, svc – WIC.

Move to approve amended bill report by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0100

ITEM 6 PURCHASING

6. A) Approval of specifications and authority to advertise for Boiler Replacement-Denton County Law Enforcement Center, Bid #02-05-1663, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0101

ITEM 7 BUDGET

7. B) Approval of the Property Tax Collection Fee Analysis Report, setting the fee for the 2005 contract period and establishing a method of reviewing the fee for future contacts, and any appropriate action. (Briefing 02-08-05)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion withdrawn

7. B-1) Discussion of Property Tax Fee Analysis Report, setting the fee for the 2005 contract period of $0.65 per statement per parcel.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0102

7. B-2) Discussion of Property Tax Fee Analysis Report, review the Property Tax Collection Fee based on the actual cost method on a regular basis.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0103

ITEM 17 RECESS 10:04AM
ITEM 18 RECONVENE 10:28AM

ITEM 7 BUDGET

7. E) Approval of Emergency Budget Amendment Request #100560 to increase revenues and allocate expenditures for various line items for Federally Qualified Health Center Grant in the amount of $143,836, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0104

7. F) Approval of Budget Amendment Request #100590 for Computers for County-Wide Technology in the amount of $2,580, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0105

7. G) Approval of Budget Amendment Request #100630 for Office Rental including the transfer of $6,700 from Non-Departmental Unappropriated Contingency-Regular Contingency for County Leased Building in the amount of $7,700, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0106

7. H) Approval of Organizational Goals, Commissioners Court Memo, Budget Planning Calendar, Budget Priorities and establishing tax rate parameters for the Budget Office to use when recommending a budget for the FY2005-2006 budget process, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0107

ITEM 8 HUMAN RESOURCES

8. B) Approve combining three Deputy Clerks (Deputy Clerk-Motor Vehicle, Deputy Clerk-Ad-Valorem and Deputy Clerk-Mail) job descriptions into one Deputy Clerk job description in the Tax Office, and any appropriate action. (Briefing 02-08-05)

No motion or second
Vote taken 5-0-0
NO ACTION

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, and any appropriate action. County Judge
NO ACTION

13. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds. Commissioner, Precinct #2
NO ACTION

13. D) Approval of building usage request from Denton County Farmers Market for use of the parking lot at Carroll Blvd. & Sycamore St. every day beginning April 1 thru October 31, 2005, from 7 am to 6 pm, and any appropriate action. Ag Extension (Briefing 02-08-05)
NO ACTION

13. E) Approve the appointment of Richard S. Tucker to the Board of Directors of the Tax Increment Financing (TIF) Zone Two, commonly known as Speedway TIF, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0108

13. F) Approve the appointments to the Denton County Salary Grievance Committee: Mr. Carl R. Anderson, Ms. Allison Coe, Ms. Jayne Boyle, Ms. Susan Romero, Ms. Brenda Mitchell, Mr. Tyler Wood, Mr. Miguel Sanchez, Mr. R.M. Stevens, and Mr. Jim Bateman, and any appropriate action. Aide-to-the-Court

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0109

13. G) Approve the appointments of Jean Carter and Betty Foster to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0110

13. H) Approve the re-appointment of Thanna Bound to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0111

13. I) Approve appointment of Mr. Joseph E. Rodriguez to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0112

13. J) Approval to Call Local Option Election for:

1) City of Copper Canyon for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” on May 7, 2005 at Copper Canyon City Hall, 400 Woodland, Copper Canyon, Texas, Denton County. To designate the Elections Office 401 West Hickory, Denton Texas as the main early voting site, that early voting will begin April 20, 2005, that early voting will be conducted from April 22, 2005 thru May 3, 2005. To designate the Copper Canyon City hall as a branch location with voting hours the same as the Copper Canyon City hall working hours. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202; La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Copper Canyon- para “la venta legal de cerveza y vino para consumo solamente fuera del lugar de venta” en Mayo el 7 de 2005 en Copper Canyon City Hall, 400 Woodland, Copper Canyon, Texas, Denton County. A senalar la Oficina de las Elecciones- 401 West Hickory, Denton, Texas como el sitio para votar temprano comenzando Abril el 20 de 2005 y continuara hasta el 3 de mayo de 2005. Para senalar Copper Canyon City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Copper Canyon City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections Department

2) City of Copper Canyon for “the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Holders Only” on May 7, 2005 at Copper Canyon City Hall, 400 Woodland, Copper Canyon , Texas, Denton County. To designate the Elections Office 401 West Hickory, Denton Texas as the main early voting site, that early voting will begin April 20, 2005, that early voting will be conducted from April 20, 2005 thru May 3, 2005. To designate the Copper Canyon City hall as a branch location with voting hours the same as the Copper Canyon City hall working hours. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton,TX76202; La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Copper Canyon –para “la venta legal de bebidas mezcladas alcoholicas en restaurants solamente por poseedores de certificados autorizandolos para server alimentos y bebidas”en el 7 de Mayo de 2005 en Copper Canyon City Hall, 400 Woodland Drive, Copper Canyon, Texas, Denton County. A senalar la Oficina de las Elecciones - 401 West Hickory , Denton Texas como el sitio para votar temprano comenzando abril 20 de 2005 y continuara hasta el 3 de mayo de 2005. Para senalar Copper Canyon City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Copper Canyon City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton,76202. Elections Department

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0113

ITEM 14 LEGAL

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

14. B) Approval of the Amendment and or Modification to the beginning and completion dates of bridge and roadwork for the Agreement between Owner and Contractor Sutton & Associates, L.P., for the Shady Shores Drive Paving Improvement Project as attached to this Order and authorization for the County Judge to sign the same, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0114

14. C) Approval of the temporary lease of warehouse space between Denton County, Texas and Raymond M. Hair, Jr. and wife Evelyn D. Dunn for the Fire Marshal, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0115

14. D) Approval of the Agreement for HotJobs.com Job Pack Desktop between Denton County, Texas and Yahoo HotJobs, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0116

14. E) Approval of a Permanent Right-of-Way Easement between Tammy Romero and Denton County, Texas, for the Chinn Chapel Road Project, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0117

14. F) Approval of Amendment #1 to the Interlocal Cooperation Agreement between City of Oak Point and Denton County, Texas, for a 2 course penetration Chipseal on Cottonwood Trail for a distance of approximately 2460 feet located in the City of Oak Point, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0118

14. G) Approval of a) the Construction Agreement, Donation Deed, and Temporary Construction Easement Agreement with all necessary exhibits between Denton County, Texas, and Unified Aircraft Services, Inc., a Foreign Business Corporation, duly licensed to do business in the State of Texas for the Lake Lewisville Bridge Project, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0119

ITEM 16 ADDENDA

16. A) Approval of the submission of a new Application and Resolution for the Criminal District Attorney’s Prosecution Enhancement Grant (VAWA-FVP-Enhancement) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. District Attorney

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0120

16. B) Approval of the submission of a new Application and Resolution for the Criminal District Attorney’s VAWA-Civil Domestic Violence Prosecution Grant (C-DVP) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. District Attorney

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0121

16. C) Approval of the submission of a new Application and Resolution for the Criminal District Attorney’s Family Violence Expansion Grant (VAWA-FVEG) to the Criminal Justice Division of the Governor’s Office for funding from the Violence Against Women Act, and any appropriate action. District Attorney

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0122

16. D) Approval of request to apply for Homeland Security funding through the Citizens Corps Council grant program for FY 2005, and any appropriate action. Fire Marshal/Emergency Management

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0123

16. E) Approve the Final Plat of the Magnolia Addition, Phase C, Precinct #4, and any appropriate action. Planning Department.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0124

ITEM 17 RECESS 11:20AM
ITEM 18 RECONVENE 11:44AM

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 11:45AM
Reconvened in Formal Session 12:03PM

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: Pending Litigation, Texas Government Code, Section 551.071(1)(A); James Paton.

15. F) 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. G) Real Property: Texas Government, Section 551.072; Discussion with Counsel of legal issues relating to Denton County Farmer’s Market Association and proposed Agreement using County property.

15. H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Glenda Gravely vs. Denton County, Texas, pending in the United States District Court Eastern District of Texas Sherman Division, Cause No. 4:04-cv-162.

15. I) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(a); Sutton & Associates, L.P.
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 19 ADJOURNMENT 12:04PM

This set of minutes for February 22, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.