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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 April 12, 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 12th day of April, 2005, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, 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 Pastor Russ Teacon, Saint Paul Lutheran Church, Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Chris Steubing, Director of Public Works.
Pastor Teacon: Thank you, Judge, Commissioners. Thank you for this opportunity to open up in prayer. Let us pray. We begin with the words of Proverbs 3:13-18. Blessed is the person who finds wisdom and the person who gains understanding for its profit is greater than that of silver and its gain that fine gold. She is more precious than jewels and nothing we desire can compare with her. While life is in her right hand and her left hand are riches and honor, her ways are always -- her ways are always pleasant. And all of her paths are at peace. She is a tree of life to those who embrace her, and happy are those who hold her.
Lord, Heavenly Father, we pray for your wisdom to lead each of us this day as
we go about our duties. Give to all who lead in this County a Servant's heart to
seek your wisdom that by their governance they may truly discern those things
that will enhance and enrich the lives of all those they serve. Give them
courage to bring timely justice to all who do wrong. May they diligently serve
to assist the oppressed and extend aid to those in need. Give them wisdom to
secure a means of prosperity and hope for all people. And continue to establish
security and peace for all citizens in this County. May we rejoice, become
complete, be of good comfort and be of one mind and live in peace. And may the
God of love and peace be with us. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Public Hearing to approve an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Planned Development (PD) to Agriculture (AG), Abstract 790, Tracts 1, 2 & 9, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0 (Carter not present for vote)Cathy Allcorn spoke.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (Carter not present for vote)Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0227
ITEM 2 CONSENT AGENDA
PURCHASING
6. B) Approval of award of bid for Exterior Lighting Maintenance Agreement, Bid #02-05-1662, to Design Electric, and any appropriate action. (Briefing4-5-05)
6. C) Approval of specifications and authority to advertise for Lawn Maintenance Service, Bid #03-05-1675, and any appropriate action. (Briefing 4-5-05)
6. D) Approval of award for Records Archiving Re-Creation Project for the County Clerk, RFP #04-04-1616, to Affiliated Computer Services, Inc., and any appropriate action. (Briefing 4-05-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100800 for Miscellaneous Building Maintenance and Generator Maintenance for Law Enforcement Facility in the amount of $25,000, 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.) Paul Keith, Sergeant-Patrol/Sheriff; John Marotto, Detention Officer I/County Jail; Joe Jenkins, Detention Officer I/County Jail; Michael Overstreet, Detention Officer I/County Jail; Ryan Richburg, Detention Officer I/County Jail; Gwen Weaver, Detention Officer I/County Jail; Alvin Owens, Detention Officer I/County Jail; Jonathan Jordan, Detention Officer I/County Jail; Jackie Cottongame, Admin. Sergeant-Communications/Communications; Elissa Bailey, Admin. Sergeant-Communications/Communications; Brandi Mae Fletcher, Deputy Clerk/Recording/County Clerk; Holly Sadlowski, Deputy Clerk/Courts/County Clerk; Melissa Firth, Deputy Clerk/Courts/County Clerk; Patsy Sallee, Senior Clerk/Recording; Daren Taylor Sims, Driver/Equipment Operator/Road & Bridge Pct 4; Naomi Santini, Assistant Breast Feeding Coord./WIC-Administration; Margaret H. Lewis, Asst. WIC Clinical Professional/WIC-Administration, Claudya Cruzado, Office Support Specialist II/WIC-Administration.
OTHER DEPARTMENTS
13. C) Approval of Building Usage request from Margie Steele for the purpose of a Church Picnic on the CHOS Lawn, Sunday August 21, 2005, from 4:00 p.m. to 7:00 p.m., and any appropriate action. Aide-to-the-Court (Briefing 4-05-05)
13. D) Approval of Building Usage request from David Honish for use of the 2nd floor Conference Room at the CHOS on the 3rd Saturday of each month beginning April 16, 2005, from 4:00 p.m. to 5:00 p.m. for the purpose of the monthly meeting of Denton County Libertarian Party, and any appropriate action. Aide-to-the-Court (Briefing 4-05-05)
13. E) Approval of the Building Usage request from Dale Chegwidden for use of the Denton County Courts Building & Parking Lot on Monday, May 16, 2005, from 6:00 p.m. to 9:00 p.m. for the purpose of Slain Officers Memorial, and any appropriate action. Aide-to-the-Court (Briefing 4-05-05)
13. F) Approval of Building Usage request from Jackie Carpenter for use of Denton County Courts Building 1st floor on April 21, 2005, from 5:00 p.m. to 9:00 p.m. for the 2005 Denton County Crime Victims Week Program, and any appropriate action. (Briefing 4-05-05)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0228
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of resolution proclaiming April as “Alcohol Awareness Month” in Denton County, and any appropriate action. Commissioner, Precinct #3
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0229
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 $ 1,387.24 to Imagistics, duplicate payment;
$ 150.00 to Collin County Law, per department;
$ 650.00 to Tackett, Brian-Attorney, incorrect vendor;
$ (34.55) to O’Reilly Auto Parts, check for credit amount;
$ 400.00 to Borah, JT-Attorney, incorrect amount;
$ 425.00 to Shelton, Margaret-Attorney, incorrect vendor;
$ 660.00 to Boyd, Randall S-Attorney, not ready to pay;
$ 1,140.00 to Comcast, per department;ADDITIONS—
GENERAL
Constable #2 $ 120.00 to Bill Hall, Galveston travel advance;
Constable #2 $ 120.00 to Rick Muse, Galveston travel advance;
Jail $ 276.72 to Bob Barker, laundry bags-Jail.
Move to approve amended bill report by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-02305. B) Approve the 2004 Denton County Comprehensive Annual Financial Report, Independent Auditor’s Report and Management Letter, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0231
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of resolution proclaiming April as “Alcohol Awareness Month” in Denton County, and any appropriate action. Commissioner, Precinct #3
Action taken earlier. Presented Resolution to Sergeant Doug Mitchell & Sergeant Mark Dance.
ITEM 6 PURCHASING
6. A) Approval of award for Security Guard Services, RFP #01-05-1655, to Weiser Security Services, Inc., and any appropriate action. (Briefing 4-5-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0232
ITEM 8 HUMAN RESOURCES
8. B) Approve the elimination of the Major position in the Sheriff’s Office and the creation of a Lieutenant Investigations position, 3 Criminal Investigator positions and a Warrant Research Support Specialist position, and any appropriate action. (Briefing 4-05-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 05-02338. C) Approve changing the Lieutenant/Forensics job description in the Sheriff’s Office/Criminal Investigations Division to Lieutenant Investigations, and any appropriate action. (Briefing 4-05-05)
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0234ITEM 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
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-023513. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds and TxDOT’s MOU. Commissioner, Precinct #2
NO ACTION13. G) Approve the appointment of Richard Tucker to the Denton County Stormwater Review Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-023613. H) Approve the appointment of Tye DeBerry 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 05-023713. I) Approval and acceptance of the certificate of completion certifying that the continuing education provisions of Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Bobbie J. Mitchell for the calendar year 2004, and any appropriate action. Commissioner, Precinct #3
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0238
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval and Authorization for the Civil Division to hire the firm of Griffin & Jones to acquire the Dennis Bryson Right-of-Way for the Florence Road Project, and any appropriate action.
NO ACTION
ITEM 16 ADDENDA
16. A) Approve any action related to the Economic Development Director position and the Economic Development Department. Human Resources
16. A-1) Eliminate the Economic Development Director position and the Economic Development Department effective immediately.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 3-2-0 (Mitchell & Jacobs nay)
Court Order 05-023916. A-2) The assistant position in the Economic Development Department will be moved to the Human Resources Department effective in one month.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 3-2-0 (Mitchell & Jacobs nay)
Court Order 05-024016. B) Approval of 1) the Real Estate Contract between Denton County, Texas, and Dennis Bryson for the Florence Road Improvement right-of-way acquisition Project, 2) authorization to proceed with closing for the purchase of the Bryson Property, 3) authorization for the County Judge to sign all necessary closing documents for the purchase of the Bryson property, and 4) direction for the County Auditor to issue a warrant for the purchase and closing fees for the purchase of the Bryson Property, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-024116. C) Approval of the Donation Deed between Denton County, Texas, and Reichmann Hills of Argyle, L.L.P., for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0242
ITEM 17 RECESS 10:35AM
Commissioner White left during Recess and did not return.
ITEM 18 RECONVENE 11:41AM
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 11:43AM
Reconvened in Formal Session 12:12PM15. 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, Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim regarding fixtures, plumbing, and security at Pretrial Detention Center.
15. E) Consultation with Attorney; Pending Litigation, Texas Government Code, Section 551.071 (1) (A); James A. Paton v. Denton County/Denton County Information Services; Civil Action No. 2:05-CV-125, pending in the United States District Court for the Eastern District of Texas.
15. F) Deliberation about Real Property; Texas Government Code, Section 551.072; Dennis Bryson Right-of-Way Acquisition for the Florence Road Project.
15. G) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss status of pending case, take action on possible settlement, and other action necessary regarding Collette Johnson v. Denton County; in the 211th District Court for Denton County, Texas; Cause No. 96-50300-367.
15. H) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS16. D) EXECUTIVE SESSION - Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Claim of Dianne Beynon and Roger Beynon, Individually and as Next Friend of Rhiannon Beynon, a Minor vs. Mark Hilz, Cause No. 2004-31125-211, pending in the 211th Judicial District Court of Denton County, Texas. DA/Civil Division
Refer case to TAC Insurance Defense Counsel.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-024316. E) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Contemplated Litigation; Anticipated Inverse condemnation action to be filed by attorney Scott Alagood against Texas Department of Transportation and Denton County, Texas. DA/Civil Division
16. F) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Denton County Road Utility District No 1 vs. Denton County Appraisal District and Joe Rogers, pending before the Appraisal Review Board of Denton County, Texas. DA/Civil Divsion
NO ACTION ON EXECUTIVE ITEMS 16E & 16F
ITEM 19 ADJOURNMENT 12:13PM
This set of minutes for April 12, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
