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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 7, 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 1st day of March, 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 James Wells, County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.
Mr. Wells: Will you pray with me? Our Dear Heavenly Father, we come thanking You for all of the blessings You bestowed on us. We thank You for the material blessings You've given us, the environmental blessings, the wonderful weather and the coming of Spring. We thank You most for the spiritual blessings You've given us, and we thank You most for the gift of Your son and the gift of salvation that's available to each of us through him. Guide our Commissioners Court in their deliberations. Help them to do -- give them the wisdom to do Your will and watch over each of us as we go about our week. Protect us from sin. In Christ's name. Amen.
ITEM 1 PUBLIC INPUT
Bill Drybread spoke regarding MHMR and House Bill 2292.
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of exemption from bidding for Sole Source purchase for Info-Cop Software Maintenance from GTBM Inc., according to the provisions of Section §262.024 (a)(7)(A) for the Local Government Code, and any appropriate action. (Briefing 02-22-05)
6. B) Approval of rejection of all bids for two 6 x 6 Utility Vehicles, Bid #01-05-1656, and any appropriate action. (Briefing 02-22-05)
6. C) Approval of specifications and authority to advertise for Exterior Lighting Maintenance Agreement, Bid #02-05-1662, and any appropriate action. (Briefing 02-22-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100550 for Awards Program including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for Non-Departmental in the amount of $6,830, and any appropriate action. (Briefing 02-22-05)
7. C) Approval of Budget Amendment Request #100580 to increase revenues and allocate expenditures for various line items for CHOS Museum in the amount of $4,450, and any appropriate action. (Briefing 02-22-05)
7. D) Approval of Budget Amendment Request #100600 for Part-Time Employee/various line items including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for Veteran Services for a total of $5,626, and any appropriate action. (Briefing 02-22-05)
7. E) Approval of Budget Amendment Request #100610 for Office Supplies including the transfer of funds from Vehicle Inventory Tax Interest-Unappropriated Contingency for Vehicle Inventory Tax Interest in the amount of $920, and any appropriate action. (Briefing 02-22-05)
7. F) Approval of Budget Amendment Request #100620 for various line items for County-Wide Technology and Information Services in the amount of $44,172, and any appropriate action. (Briefing 02-22-05)
7. G) Approval of Budget Amendment Request #100640 to reduce revenues and expenditures for Criminal District Attorney-Juvenile Child Abuse Prosecution Contract in the amount of $96,634, and any appropriate action. (Briefing 02-22-05)
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.) V. Louise Smith, Health Services Specialist II/Jail Health Department; Carmen Robinson, Deputy Clerk/Recording/County Clerk.
8. D) Approve changes to selected job descriptions in various departments that do not require a change in salary, and any appropriate action. (Briefing 02-22-05)
HEALTH
9. A) Approval of an increased contract with Department of State Health Services (DSHS) for our Service Delivery Integration grant and any appropriate action. (Briefing 02-22-05)
PUBLIC WORKS
10. A) Acceptance of the recommendation by the Engineering department to adopt the following roads which have met the requirements set out in Denton County policy for adoption: Hidden Oaks Court, Bridal Path, and any appropriate action. (Briefing 02-22-05)
OTHER DEPARTMENTS
13. C) Approval of Building usage request from Denton Main Street for use of the Courthouse Lawn every Saturday, 9:00 am to 1:00 pm, May thru October, for Acoustic Lawn Jam; Courthouse & Lawn, every Thursday, 5:30 pm to 8:30 pm, May thru June, for Thursday Twilight Tunes; Courthouse & Lawn, June 4, 2005, 6 am to 5:30 pm, for Dog Days of Summer Celebration; Courthouse, Conference Room, & 1896 Room Sept. 10, 2005 from 7 am to 6 pm, for Arts, Antiques & Auto Extravaganza, and any appropriate action. (Briefing 02-22-05)
LEGAL
14. B) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas and Freeze and Nichols, Inc., for Environmental Services and Design for the FM 544 Capacity from State Highway 121 to Dozier Road Project for additional funding in the amount of $113,930.00 for a total contract amount of $982,616.00, and any appropriate action. (Briefing 02-22-05)
14. C) Approval of Supplement Agreement #3 to the Contract between Denton County, Texas, and Paragon Project Resources, Inc., for the I 35 E/FM1171 Ramp Modification Project for additional funding in the amount of $8,700.00, for a total contract amount of $341,216.00, and any appropriate action. (Briefing 02-22-05)
14. D) Approval of Supplement Agreement #1 to the Agreement between Denton County, Texas, and Halff Associates, for Engineers Services for the Lake Lewisville Corridor Project in the amount of $181,300.00, for a total contract amount of $708,300.00, and any appropriate action. (Briefing 02-22-05)
14. E) Approval of Supplement Agreement #2 to the Contract between Denton County, Texas and Lopez Garcia Group for additional funding in the amount of $34,251.00 for a total contract amount of $230,375.00 for the Rosemeade Parkway project, and any appropriate action. (Briefing 02-22-05)
14. F) Approval and acceptance, of the Oath of Office and Official Bonds of the County Election Administrator, and any appropriate action. (Briefing 02-22-05)
14. G) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas, and the City of Roanoke, and any appropriate action. (Briefing 02-22-05)
14. H) Approval of the Interlocal Cooperation Agreement forAmbulance Services between Denton County, Texas, and the City of Roanoke, and any appropriate action. (Briefing 02-22-05)
14. I) Approval of JURY + Jury Management System Software Maintenance Agreement between Denton County, Texas and Jury Systems Incorporated, and any appropriate action. (Briefing 02-22-05)
14. J) Approval of the Addendum to the property tax collection Interlocal agreement between Denton County, Texas and the Denton County Fresh Water Supply District, No. 8-B, and any appropriate action. (Briefing 02-22-05)
14. M) Approval of the Donation Deed between Denton County, Texas, and Rodney Preston and Kathy Preston for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)
14. N) Approval of the Donation Deed between Denton County, Texas, and Joseph Spears and Donna Spears for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)
14. O) Approval of the Donation Deed between Denton County, Texas, and James Brammer and Amy Brammer for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0125
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.)ADDITIONS—
GENERAL
$ 40,000.00 to U.S. Postmaster, postage – Mail Room;
IS $ 2,645.25 to Global Knowledge, reg fee – Don Click;
Jones St Bldg $ 1,895.89 to Reliant Energy, utilities – 510 Jones Street;
DA $ 50.00 to Texas Secretary of State, service – DA;
DA CPS $ 200.00 to Walker County Sheriff’s Dept, service – DA;
DA CPS $ 100.00 to Constable Jack Abercia, service – DA;
GENERAL $ 142,601.19 to Elaine Torres, refund road escrow deposit;
R&B – MISC $ 50.00 to Tier II Chemical Reporting Program, annual waste fee;
2000 Road Bond $ 24,411.19 to Halff Associates, professional services.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-01265. B) Approve the Denton County General Fund Unreserved Fund Balance Policy, and any appropriate action. (Briefing 02-22-05) Amended to change target level from 15% to 12%, under “Procedures” change #3 from “the County will take action…” to “it is the County’s intention to take action…” and change the “will” in the second line of item #5 to “may.”
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-01275. C) Approve authorizing the County’s Financial Advisors, Southwest Securities, to Pursue Opportunities to Refinance Portions of the County’s Existing Bonded Debt, and any appropriate action. (Briefing 02-22-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0128
ITEM 8 HUMAN RESOURCES
8. B) Approve the combining of 2 part-time DOI slots (264-JA and 267-JA) in the County Jail into 1 full-time DOI slot, and any appropriate action. (Briefing 02-22-05)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-01298. C) Approve the creation of new position including job description and ranking for Nutritionist II in the WIC Department, and any appropriate action. (Briefing 02-22-05)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 05-0130
ITEM 10 PUBLIC WORKS
10. B-1) Approval of Pubic Works Department and reassignment of duties in regards to the Director of Engineering. Move Director of Engineering as Reference Chart A shows over Engineering and Public Works for a 3 month evaluation period. Director of Engineering is to come back with a report with the evaluation and recommend changes to structure of department. Change title to Director of Public Works.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & Carter nay)
Court Order 05-013110. B-2) Approval of Pubic Works Department and reassignment of duties in regards to the Director of Engineering. Salary of $90,000.00 for Director of Engineering.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & Carter nay)
Court Order 05-0132
ITEM 13 OTHER DEPARTMENTS
13. A-1) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to regional funding of indigent health care services, specifically stating Denton County’s opposition to Senate Bill 230.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-013313. A-2) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to the submission of separate proposals at a bond election for each project to be supported by the bonds, specifically stating Denton County’s opposition to House Bill 1143.
Move to approve by Judge Horn , seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-013413. A-3) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to a proposed constitutional amendment providing that political subdivisions are exempt from unfunded legislative mandates, specifically stating Denton County’s support of House Joint Resolution 20.
Move to approve by Judge Horn , seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-013513. 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 ACTION13. D) Approve the addition of the Heroes of Denton County to be added to the list of organizations approved to receive juror pay donations, and any appropriate action. District Clerk (Briefing 02-22-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-1-1 (Horn nay, Jacobs abstain)
Court Order 05-013613. E) 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; Formal 2-22-05)
NO ACTION13. F) Update on Denton County Housing Finance Corporation matter relating to Capital Trust Agency and appropriate action associated therewith. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 05-0137
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. K) Approval of the Resolution to Impose Additional Penalty for Collection Costs between Denton County, Texas and McCreary, Veselka, Bragg and Allen, P.C., and any appropriate action. (Briefing 02-22-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0138
White left during discussion of Item 14K.14. L) Approval of the Supplement Agreement #3 to the Agreement between Denton County, Texas, and Dannenbaum Engineering Corporation for the IH 35 Widening Project for additional funding in the amount of $7,683.98, for a total contract amount of $605,602.47, and any appropriate action. (Briefing 02-22-05)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-013914. P) Approval of Donation Deed between Denton County, Texas, and Richard Smutzer for the Bonnie Brae Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-014014. Q) Approval of the Donation Deed between Denton County, Texas, and Jeffrey Noell for the Blair Road Right-of-Way Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0141
ITEM 16 ADDENDA
16. B) Approval of award of bid for Litsey Road Phase I Improvements, Bid #01-05-1659, to Conatser Construction, Inc., and any appropriate action. Purchasing Department
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-014216. C) Approval of Change Order #1, to the Contract Agreement between Denton County, Texas, and Whitewater Construction, Inc., Bid #11-04-1644, in the amount of $7,327.00, for a total contract amount of $94,564.14, for the Chinn Chapel Road Construction Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-014316. D) Approval of 1) release of all ($141.166.00) but a portion ($5,000.00) of the escrow fund, as stipulated in the Escrow Agreement between Denton County, Texas, and Elaine Torres for the Braewood Bay Subdivision and 2) authorization for the County Auditor to issue a warrant in the amount of $141,166.00, to Elaine Torres for the release of the portion of the escrowed funds minus the amount being held ($5,000.00) for the 75% grass coverage still to be performed. Approval of the release of a portion of the escrowed funds in the amount of $141,166.00, as stipulated, and any appropriate action. DA/Civil Division
Move to approve as amended to show amount of $142,601.19 (includes interest) by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0144
White returned during discussion of Item 16D.16. E) Approval of a) the Construction Agreement, b) the Dedication Deed, c) the Drainage Easement Agreement, and d) the Temporary Construction Easement Agreement between Denton County, Texas, and the Hillwood Alliance Services, L.P., for the Litsey Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-014516. F) Approval of the Donation Deed between Denton County, Texas, and David and Kathleen Norris for the Bonne Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-014616. G) Approval of the Project to Remove and Transport Construction Debris from the frontage of I-35E and the Interlocal Cooperation Agreement between the City of Lake Dallas and Denton County, Texas, for the Removal and Transportation of Construction Debris from the frontage of I-35E, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-014716. H) Approval of the Donation Deed between Denton County, Texas, and Kyle Whelan for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-014816. I) Approval of the Donation Deed between Denton County, Texas, and M.T. Cole Trust #2, for the Old Stoney BRINSAP Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-014916. J) Approval of the (1) ATM Placement Agreement and (2) THE Depository Contract between Denton County and Wells Fargo Bank, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0150
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 11:00AM
Reconvened in Formal Session 11:30AM
Jacobs was not present 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 or District Court after remand.
15. D) Consultation with Attorney: Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Patricia L. Hope v. Supreme Court of Texas, et al.; in the District Court of Dallas County, 160th Judicial District, Cause No. 04-3528-H.
15. E) 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.
15. F) Consultation with Attorney: Contemplated Litigation pursuant to Section 551.071 (1)(A), Government; EEOC Claim of Elliott Robertson.
15. G) 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.
16. A) EXECUTIVE SESSION: 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. DA/Civil Division
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS15. H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Patricia L. Hope, Plaintiff vs. Supreme Court of Texas and its Judges, individually and as individual judges, Salesmanship Club of Dallas, its Officers and its Members, individually and as a Texas Corporation and a Texas Nonprofit Organization Charter Number # 3705001; KTVT/CBS 11; DFW, its officers and in its capacity as a corporation, Tracey Rowlett individually, and in his capacity as an employee of KTVT/CBS 11; Lydia Kathryn Flatt Connell individually, and in all capacities; Judge Nathan Whit individually, and in his capacity as the Judge of 366th District Court Collin County TX, George T. Connell, Jr.; individually, and in all capacities; George T. Connell, et al. Cause #DV-04-3528-H, pending in the District Court, Dallas County, Texas 160th Judicial District.
Refer case to Civil Division for handling.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0151
ITEM 17 RECESS 11:31AM
ITEM 18 RECONVENE 11:34AM
ITEM 19 ADJOURNMENT 11:34AM
This set of minutes for March 1, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
