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 May , 3, 2005.

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 3rd day of May, 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 Dr. Bing Burton, Health Department Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Olive Stephens, Mayor of Shady Shores.

Dr. Burton: Will you pray with me, please? We thank You for this day, Lord, a day that You have made, and we will rejoice in it. We thank You for leading us beside still waters, for making us low down in green pastures. We thank You for restoring our soul and, indeed, Lord, our cup runneth over. And so we ask Your blessing this day upon this Commissioners Court as they seek to be about the business that You have given them. We ask for Your guidance. We pray that Your spirit would guide all that is done here. And we pray that all would be pleasing to You, Lord. And in Your name we pray. Amen.

ITEM 1 PUBLIC INPUT

Constable Jim Davis read a letter to Commissioners Court on redistricting of JP & Constable precincts.

David Bouschor presented the DCAP 2nd Quarterly Report.

ITEM 2 CONSENT AGENDA

(Item 13D pulled for separate vote and/or further consideration.)

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of renewal for Tax Statement Preparation/Mailing Service, RFP #06-03-1566, to ADS MB Corp; d/b/a The Mail Box, and any appropriate action. (Briefing 4-26-05)

6. B) Approval of specifications and authority to advertise for Road Signs, Bid #04-05-1682, and any appropriate action. (Briefing 4-26-05)

6. C) Approval of specifications and authority to advertise for Surface Treatment Aggregate, Bid #04-05-1683, and any appropriate action. (Briefing 4-26-05)

BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.

7. B) Approval of Budget Amendment Request #100840 for Consultant Fees including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $800, and any appropriate action. (Briefing 4-26-05)

7. C) Approval of Budget Amendment Request #100860 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for Probate Court in the amount of $70,000, and any appropriate action. (Briefing 4-26-05)

7. D) Approval of Budget Amendment Request #100870 for Computer Supplies including the transfer of funds from JP Technology Unappropriated Contingency for JP Technology in the amount of $765, and any appropriate action. (Briefing 4-26-05)

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.) John Williams, Detention Officer I/County Jail; William D. Scott, Lieutenant/Investigations/Sheriff; Tyler Summers, Detention Officer I/County Jail; Jeremy McCombs, Sergeant-Detention/County Jail; Allen Gibson, Lieutenant/Investigations/Sheriff; Heath James, Deputy Sheriff-Patrol/Sheriff; Sheril King, Detention Officer I/County Jail.

8. B) Approve a salary correction for Taye Folabi, Detention Officer 1, from pay grade 18 step 1 to pay grade 18 step 3, and any appropriate action. (Briefing 4-26-05)

SHERIFF

12. A) Approve a request by Sheriff Benny Parkey to submit a grant application to the State Comptroller’s Office for an amount ranging from $2,000 to $25,000 with no local cash match required to fund the Tobacco Compliance Grant, and any appropriate action. (Briefing 4-26-05)

Move to approve Consent Agenda with the exception of Item 13D by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0279

ITEM 13 OTHER DEPARTMENTS

13. D) Approval of the request form George Springer to use the Courthouse-on-the-Square Lawn on Saturday, August 6, 2005, from 6:00 pm to 8:30 pm for the purpose of a wedding, and any appropriate action. Aide-to-the-Court (Briefing 4-26-05)
NO ACTION

13. C) Approving the allocation of funds from Pct. 1 discretionary bond funds in the amount of $8,200 for the improvement of Sheriff Avenue from Garza Road west for a distance of 1000 feet, this portion of Sheriff Avenue being maintained as a county road. Commissioner, Pct. #1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0280

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 $ 250.00 to Law Offices of Efrain Sain, duplicate payment;
$ 843.39 to Office Depot, duplicate payment;

ADDITIONS—
GENERAL
Jail $ 175.00 to Texas Dept of Licensing & Reg, post construction variance app;
Constable #4 $ 496.26 to Nextel Communications, service – Constable #4.

Move to approve amended bill report by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0281

ITEM 16 ADDENDA

16. A) Approval of a resolution recognizing the National Day of Prayer on May 5, 2005, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-00282

ITEM 6 PURCHASING

6. D) Approval of specifications and authority to advertise for Denton County Fire Marshal’s Office and Denton County Storage Facility Renovation, Bid #04-05-1684, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0283

6. E) Approval of specifications and authority to advertise for the Bonnie Brae Road Reconstruction Project, Bid #04-05-1686, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0284

ITEM 7 BUDGET

7. E) Approval of Budget Amendment Request #100920 for Litigation Expense including the transfer of funds from Non-Departmental Unappropriated Lawsuit Settlement Contingency for Sheriff’s Department in the amount of $35,000, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-00285

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, and TxDOT’s MOU. Commissioner, Precinct #2
NO ACTION

13. E) Approval of any action related to the funding source of the Assistant County Service Officer in the Veterans Service Office. Commissioners Court (Formal 4-26-05)
NO ACTION

13. F) Approval of the Denton County Policy for the Burial or Cremation of Paupers, and any appropriate action. County Judge (Formal 4-19-05)
NO ACTION

ITEM 14 LEGAL

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

14. B) Approval of Denton County Courts Building Operations Plan, and any appropriate action. (Briefing 4-26-06)
RETURN TO AFTER EXECUTIVE SESSION

ITEM 16 ADDENDA

16. B) Approval of the building usage request from Adrian Weaver for use of the Courthouse on the Square Lawn on Saturday, May 7, 2005, for the purpose of Denton’s Annual Wine on the Square Festival, 10:00 am to 10:30 pm and any appropriate action. Aide to the Court

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0286

ITEM 17 RECESS 9:24AM
ITEM 18 RECONVENE 10:32AM

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 10:33AM
Reconvened in Formal Session 10:55AM

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.

15. G) Deliberations about Security Devices; Texas Government Code, Section 551.076; Denton County Courts Building Operations Plan (Security items only).

15. H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Kenneth W. Kirkland and Kassidy Kirkland, Plaintiffs v. County of Denton, Texas, Defendant; Cause No. 2004-20126-158, pending in the 158th District Court of Denton County, Texas and discussion of compromise settlement agreement and mutual release of all claims.
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 14 LEGAL

14. B) Approval of Denton County Courts Building Operations Plan, and any appropriate action. (Briefing 4-26-06)
NO ACTION

ITEM 19 ADJOURNMENT 10:56AM

This set of minutes for May 3, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.