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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 May 10, 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 10th 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, and Bobbie J. Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.
Court opened with an Invocation by Dan Japhet, Probate Auditor/Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Chris Steubing, Director of Public Works.
Mr. Japhet: Will you bow? Father, today as we come before you to do the business of the County, we know we do it only with your blessing, Lord, and we ask that You bless the Commissioners and the leaders of our country as they make decisions that relate to how our County and our Country is going to be run, Lord. And we ask that You bless the men and women who are serving our country abroad and at home and those who protect and serve at the County level and the local level, Lord. We ask for your blessings over all of them. It is Your son's holy name, Jesus Christ we pray. Amen.
ITEM 1 PUBLIC INPUT
Beverly McClure asked for Commissioners Court support for Senate Bill 6.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of resolution proclaiming May 15, 2005, as Denton County Peace Officers Memorial Day and May 15 through May 21, 2005, as Denton County Police Week, and any appropriate action. Sheriff
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0287
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of rejection of bids for Flexible Base (Grade 1, Type A), Bid #02-05-1670, and any appropriate action. (Briefing 5-03-05)
6. B) Approval to declare miscellaneous vehicles, computer/printer equipment, appliances, miscellaneous radio/radar equipment and miscellaneous furniture/office equipment as surplus, to place items in On-line Auction, Sale #04-05-1678 to be held in May, 2005, advertise and any appropriate action. (Briefing 5-03-05)
6. C) Approval of specifications and authority to advertise for Health Department Security, RFP #04-05-1685, and any appropriate action. (Briefing 5-03-05)
6. D) Approval of specifications and authority to advertise for Flexible Base (Grade 1, Type A), Bid #04-05-1687, and any appropriate action.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100900 to increase revenues and allocate State Training Fees for Criminal District Attorney, Constable Precincts 1 – 6, and Emergency Management in the amount of $9,900, and any appropriate action. (Briefing 5-03-05)
7. C) Approval of Budget Amendment Request #100910 for MHMR including the transfer of funds from Non-Departmental-Out of County Prisoner Contingency for Health Care Relief fund in the amount of $80,000, and any appropriate action. (Briefing 5-03-05)
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.) Jacqualine Ruckman, Health Services Specialist II/Jail Health Department; Gregory Blakely, Detention Officer I/County Jail; Roy Pennington, Deputy Sheriff-Patrol/Sheriff; Tony Tullos, Deputy Sheriff-Patrol/Sheriff; Mandy Hill, Warrant Research Support Specialist/Sheriff; David Willeford, Juvenile Detention Officer/Juvenile Detention; Jared Winters, Juvenile Corrections Officer/Juvenile Post Adjudication; Vicki Ledbetter, Deputy Clerk-Courts/County Clerk; Charlotte Kennedy, Deputy Clerk/Tax Assessor-Collector.
8. C) Approve job description and ranking for a Clinical Care Attendant in Jail Health, and any appropriate action. (Briefing 5-03-05)
HEALTH
9. A) Approval of a request to renew Immunization Contract for FY 2006 with the Texas Department of State Health Services (DSHS), and any appropriate action. (Briefing 5-03-05)
OTHER DEPARTMENTS
13. C) Approval of the request form George Springer to use the Courthouse-on-the-Square Lawn, ( first floor of CHOS in case of inclement weather), 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; 5-03-05)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0288
ITEM 5 AUDITOR
5. A) Approval of Bill.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS—
GENERAL $ 16,630.73 to Burke, Hardy – Attorney, incorrect vendor;
$ 375.00 to Shelton, Margaret – Attorney, incorrect vendor;
$ 135.00 to Lewis, Arlene – Interpreter, duplicate payments;CORRECTIONS—
GENERAL $ 238.35 to Marchant, Ron – JP#6, original invoice was short by $120;ADDITIONS—
GENERAL
Constable #2 $ 150.00 to Floyd, Larry, Padre Island Meal Advancement;
Change Fund $ 200.00 to Denton County Clerk, increase Co Clk change fund;
R&B – PWE $ 350.00 to Texas Society of Prof Eng, TSPE registration – C Steubing;
05 Road Bond $ 51,110.00 to Conatser Construction, construction – Litsey Road.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0289
ITEM 8 HUMAN RESOURCES
8. B) Approve the creation of new Technical Operations Manager position and a new Elections Inventory Coordinator position in the Elections Department, and any appropriate action. (Briefing 5-03-05)
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A-1) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to discovery in a criminal case, specifically stating Denton County’s opposition to Senate Bill 560.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-029013. A-2) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to protective services, specifically stating Denton County’s support of Senate Bill 6.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0029113. 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. D) 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; 5-03-05)
NO ACTION UNTIL LATER IN MEETING13. E) FOR RECORDING PURPOSES ONLY: Acceptance of DCAP Mediation Services 2nd Quarter Report. Commissioners Court
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0292
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. B) Approval of Change Order #3 to the Sutton Contract for the Shady Shores Paving and Drainage Improvement Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0293
14. C) Approval of the bond, appointment, and swearing in of Joseph Gonzalez as Fire Marshal of Denton County for a two year term in accordance with Section 352.011 and 352.012, Texas Local Government Code, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0294
ITEM 13 OTHER DEPARTMENTS
13. D) 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; 5-03-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Failed 2-2-0 (Mitchell & Horn nay)
ITEM 14 LEGAL
14. D) Approval of setting a date and time to conduct a Public Hearing to consider the placement of a stop sign on Vail Eaton Drive where it intersects with Osburn Road, and public hearing to be held on May 31, 2005, 9:00 am in Commissioners Court, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0295
ITEM 16 ADDENDA
16. A) Consideration and discussion of Commissioner Jacob’s presentation of and intermediate space needs proposal based on the County’s Master Plan and for the review of the Buildings and Properties Committee.-Facilities
NO ACTION16. B) Approval of contract with HKS Architect for inspection and evaluation of present status of Pre-Trial Detention Center, and any appropriate action.-Legal
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-029616. C) Approval of the Completion and Satisfaction of Swisher Road Waterline Extension Project Agreement between Swisher Road Water Supply Corporation, the City of Denton, Texas, and Denton County, Texas, and any appropriate action. –Legal
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-029716. D) Approval of a) the Project for reconstruction of Chinn Chapel Road from the Town of Cooper Canyon’s south limits to Orchid Hill Road; and b) the Second Amendment to Interlocal Cooperation Agreement between Denton County & the Town of Copper Canyon, for reconstruction of Chinn Chapel Road from the Town of Copper Canyon’s south limits to Orchid Hill Road, and any appropriate action. –Legal
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-029816. E) Approval of Assignment of Purchase Order, Purchase Agreement or Purchase Rights between Denton County and AT & T Solutions c/o AnyWARE, Inc., and any appropriate action.-Legal
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-029916. F) Approval of the Lease Agreement between Denton County and Property Search, Inc., for the lease space at 3750 E. McKinney (CPS building), and any appropriate action.-Legal
NO ACTION16. G) Approval of the Lease Agreement Amendment between Denton County and the State of Texas acting by and through the Texas Building and Procurement Commission for the Department of Family and Protective Services (DFPS) formally know as Child Protective Services to occupy the space at 3730 E. McKinney (CPS building), and any appropriate action.-Legal
NO ACTION
ITEM 17 RECESS 10:16AM
ITEM 18 RECONVENE 10:23AM
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 10:24AM
Reconvened in Formal Session 11:29AM
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); 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. E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); James M. Paton, Plaintiff v. Denton County/Denton County Information Services, Defendant, Cause No. 2:05-cv-00125-DF, pending in the United States District Court for the Eastern District of Texas, Marshall Division.
16. H) EXECUTIVE SESSION: Consultation with Attorney: Claim and/or Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); by SBC concerning Denton County policy of requiring 42 inch burial depth and steel encasement of cables, and any appropriate action.-Legal
16. I) EXECUTIVE SESSION: Deliberations about Security Devices; Texas Government Code, Section 551.076; Denton County Courts Building Operations Plan (security items only), and any appropriate action.-Legal
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:30AM
This set of minutes for May 10, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
