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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 26, 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 26th 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 Hank Scheible, Veterans Service Officer, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.
Mr. Scheible: Most Gracious Heavenly Father, we come before You now just asking that you would watch over us and guide us in these coming hours. You've told us to pray for our leaders. And, Father, we do now lift up the President and the members of the House and Senate, all of the judiciary.
Father, we lift up our governor and all of the State employees. Father, we lift up our Commissioners Court here and ask that you would give them guidance and direct their ways and means that they can handle the County's business in an efficient and fair manner today.
Lord, we do thank you for the privilege of living in a country that allows us the opportunity to govern ourselves. We only have to look around the world to see that this country is a very special country, for we decide who's going to lead us.
Father, we do praise You, because You are almighty and powerful and thank You for this blessing You've given us to come here and to decide how we will be governed. In Christ's name we pray. Amen.
ITEM 13 OTHER DEPARTMENTS
13. A-1) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to the compensation of an election judge or clerk, specifically stating Denton County’s opposition to House Bill 459.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-025813. A-2) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to requiring a voter who is on the suspense list of voters to cast a provisional ballot, specifically stating Denton County’s opposition to House Bill 2262.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-025913. A-3) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to the creation of a state pharmacy assistance program for certain beneficiaries of state and local funded programs, specifically stating Denton County’s support for Senate Bill 1581.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-026013. A-4) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to the use of direct recording electronic voting machines, specifically stating Denton County’s support for House Bills 166, 2259, and 3083.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0261
ITEM 2 CONSENT AGENDA
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100810 for various line items including the transfer of funds from Non-Departmental Workers Comp Contingency for Non-Departmental in the amount of $9,600, and any appropriate action. (Briefing 4-19-05)
7. C) Approval of Budget Amendment Request #100820 to increase revenues and allocate expenditures for Operating Supplies for Constable, Precinct #5 in the amount of $500, and any appropriate action. (Briefing 4-19-05)
7. D) Approval of Budget Amendment Request #100830 to increase revenues and allocate expenditures for various line items for Denton County Fresh Water Supply District Contract in the amount of $101,516, and any appropriate action. (Briefing 4-19-05)
7. E) Approval of Budget Amendment Request #100850 to reallocate excess funds for Computer Supplies for Commissioner, Precinct #1 in the amount of $439, and any appropriate action.
7. F) Approval of Budget Amendment Request #100880 for Office Supplies for Tax Assessor/Collector in the amount of $9,292, and any appropriate action.
7. G) Approval of Budget Amendment Request #100890 for Operating Supplies for Juvenile Post Adjudication in the amount of $4,010, 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.) Keith Burkholder, Heavy Equipment Operator/Road & Bridge, Pct 4; Sheril King, Detention Officer I/County Jail; Paul Clark, Detention Officer I/County Jail; Barbara Barton, Detention Officer I/County Jail; Juan Beato, Detention Officer I/County Jail; Cory Burns, Detention Officer I/County Jail; Randall Campbell, Detention Officer I/County Jail; Matthew Edwards, Detention Officer I/County Jail; Preston-James Fulford, Detention Officer I/County Jail; Heath James, Detention Officer I/County Jail; Joann Jarnagin, Detention Officer I/County Jail; Benito Martinez, Detention Officer I/County Jail; John Ivy, Detention Officer I/County Jail; Kelly Gill, Corporal-Communications/Communications; Sherry Goldstein, Corporal-Communications/Communications; Gustavo Melo, Deputy Sheriff/Sheriff.
OTHER DEPARTMENTS
13. C) Approval of the re-appointment of Mr. Blake English as the County-at-Large representative on the Upper Trinity Regional Water District Board of Directors, and any appropriate action. County Judge (Briefing 4-19-05)
13. D) Approval of building usage request from City of Denton for Concerts on the Square every Wednesday, May 4 thru June 22,, from 10:15 am to 1:45 pm on the Courthouse-on-the-Square lawn, and any appropriate action. Aide-to-the-Court (Briefing 4-19-05)
LEGAL
14. B) Approval of Interlocal Cooperation Agreement between the Texas Department of Public Safety and Denton County, Texas, and any appropriate action. (Briefing 4-19-05)
14. C) Approval of Info-Cop Mobile Data Computer System Software Maintenance Agreement between Denton County and GTBM, Inc., and any appropriate action. (Briefing 4-19-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0262
ITEM 13 OTHER DEPARTMENTS
13. H) Approval of allocation of funds from 1999 BSRP Precinct 4 discretionary funds in the amount of $700,470.00 for January Lane, Robinson Road, Donald Road, Ripy Road, Dove Hollow, Old Justin Road, and Swafford Road road projects, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0263
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 $ 300.00 to Shelton, Margaret – Atty, incorrect vendor;ADDITIONS—
GENERAL
Constable #5 $ 120.00 to Texas Parks & Wildlife, reg fee – 4 employees;
S.O. $ 195.00 to Texas State University, reg fee – Kevin Clark;
GENERAL $ 14,155.85 to Enre, L.P., court ordered refund of delinquent taxes paid.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0264
ITEM 8 HUMAN RESOURCES
8. B) Approve changing slot #068-SO from a Sergeant-Narcotics position to an Investigator/CID position and changing slot #073-SO from a Canine Corporal position to a Deputy Sheriff Patrol Position in the Sheriff’s Office, and any appropriate action. (Briefing 4-19-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0265
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, May 24, 2005, at 9:05 a.m. as date and time to conduct a Public Hearing to consider amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit, Abstract 29, Tract 30E, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-026610. B) Approve Tuesday, May 24, 2005, at 9:10 a.m. as date and time to conduct a Public Hearing to consider amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit, Abstract 1322, Tract 10, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0267
ITEM 13 OTHER DEPARTMENTS
13. 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. E) Approve the appointment of Nettie (Betty) Foster to the John B. Denton Day Event Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-026813. F) Approve the appointment of Randena F. Hulstrand to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-026913. G) Approval of any appropriate action related to the funding source of the Assistant County Service Officer in the Veterans Service Office. Commissioners Court
NO ACTION13. I) Approve the appointment of Jan Thompson to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-027013. J) Approve the appointment of Michael Roby to the Denton County MHMR Board of Trustees, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-027113. K) Approval of any appropriate action related to the floor plan and budget for the Surplus Building at 9076 Teasley Lane, and any appropriate action.
Move to approve amended to add approve recommendation for the Teasley Lane Storage Center; add card readers as an alternate bid; bid it out with Emergency Management Facility by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0272
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Dallas, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-027314. E-1) Approval of Contract between Denton County, Texas, and Bucher, Willis & Ratliff Corporation for the Design Survey, Right-of-Way Documents and PS&E for the reconstruction and widening of FM 407 from FM 1830 to Chinn Chapel Road Project in the amount of $1,809,801.00, from the Transportation Road Improvement Program (TRIP-04) funds, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0274
ITEM 16 ADDENDA
16. A) Approve the Final Plat of Paloma Creek South, Phase 1, Precinct 1, and any appropriate action. Planning Department
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-027516. B) Approval of the A) the Project for a 2 course Chip-Seal on French Settlement Road from Hill Lane to Eldorado Parkway and B) the Interlocal Cooperation Agreement between the Town of Little Elm and Denton County, Texas, for a 2 course course Chip-Seal on French Settlement Road from Hill Lane to Eldorado Parkway, located in the Town of Little Elm, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-027616. C) Approval of A) the Project for design and installation of landscaping on both sides of Eldorado Parkway from FM 720 to FM 423 and B) the Interlocal Cooperation Agreement between the Town of Little Elm and Denton County, Texas, for design and installation of landscaping on both sides of Eldorado Parkway from FM 720 to FM 423, located in the Town of Little Elm, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0277
ITEM 17 RECESS 10:23AM
ITEM 18 RECONVENE 10:23AM
ITEM 14 LEGAL
14. E-2) Amended 14E-1 to correct the amount to $1,089,801.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0278
ITEM 17 RECESS 10:27AM
ITEM 18 RECONVENE 10:39AM
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 10:40AM
Reconvened in Formal Session 11:25AM
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, 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); 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.
15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Northport Commercial, Ltd. v. Texas Department of Transportation and Denton County, Texas, Defendants, Cause No. ED-2005-00250, pending in the Probate Court of Denton County.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:26AM
This set of minutes for April 26, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
