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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 24, 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 24th 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 Cynthia White, 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 Hank Scheible, Veterans Service Officer, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Dotson, Constable Precinct 1.
Mr. Scheible: Let us pray. Most gracious Heavenly Father, as we meet this last Tuesday before Memorial Day, we ask that You allow this opportunity for us to honor those who have fought and died for our county. Memorial Day is the day that we can do that. Lord, You did die for our sins, which is much more important.
Father, we ask this morning that You would bless this Court, the decisions that they make, that they would make the decisions that you would have them make, that they would see Your will and not our will.
Father, we just lift up this Court and all of the leaders in our land, for You have told us to pray for our leaders and we do lift up the president, the Congress, the judges, all of the people in our leadership of our country, that You would bless them with the power of the Holy Spirit, that they would know Your will for their lives. In Christ's name we pray. Amen.
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 Orsburn, D. Keith – Attorney, incorrect amount;
$ 50.00 to Lewis, Arlene – Interpreter, incorrect amount;ADDITIONS—
GENERAL
DA Misc $ 10,348.00 to Clerk, Supreme Court, dues – DA;
S.O. $ 480.00 to Texas Parks and Wildlife, certification – 16 employees;
DA $ 2,000.00 to Ray Powell, expert witness – DA;
2004 Tax Notes $ 5,572.62 to Steve Mossman, Tax A/C, taxes on Teasley property;
$ 1,787.82 to City of Denton, taxes on Teasley property.Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0311
ITEM 4 PUBLIC HEARINGS
4. A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a SPECIAL USE PERMIT, Abstract 29, Track 3F, Precinct #1, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0312
ITEM 2 CONSENT AGENDA
(Item 8A-2 pulled for further consideration and/or separate vote.)
PURCHASING
6. B) Approval of declaring Isbell Engineering Group as the most qualified firm for RFQ #02-05-1665 for Foundation Repairs at the Denton County Courts Building; authorize contract negotiations, and any appropriate action. (Briefing 5-17-05)
6. C) Approval of award of bid for Lawn Maintenance, Bid #03-05-1675, Class A to Ryno Landscaping at $51,359.08, Class B to TruGreen Landcare at $10,121.00, and any appropriate action. (Briefing 5-17-05)
6. D) Approval of specifications and authority to advertise for Tires & Tubes (Truck & Heavy Equipment), Bid #05-05-1689, and any appropriate action. (Briefing 5-17-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Joe Scott Arledge, Assistant Purchasing Director/Purchasing Department; Roger Pace, Driver/Equipment Operator/Road & Bridge, Pct 1; Julie Huggins, Deputy Clerk II Courts/County Clerk; Ruth Anne Newton, Office Support Specialist I (PT)/Constable, Pct 4; Christina Barbee, Administrative Specialist I/Criminal District Attorney; Jason Voelz, Detention Officer I/County Jail; Casey Hollis, Detention Officer II/County Jail; Mary Inman, Detention Officer II/County Jail; Deborah Barron, Detention Officer II/County Jail; Timothy Burch, Chief Deputy Constable/Constable, Pct 4.
OTHER DEPARTMENTS
13. C) Approval of request from Margie Steele, of the First United Methodist Church to use the Courthouse-on-the-Square first floor restroom facilities for their church picnic on August 21, 2005 between 4pm and 7pm, and any appropriate action. Aide-to-the-Court (Briefing 5-17-05)
13. D) Approval of using the Denton County Fire Fighters Memorial Park on Saturday, June 18, 2005 from 8 am to 2 pm for the Denton County Fruit Vegetable, Herb, and Flower Show, and any appropriate action. (Briefing 5-17-05) Ag Extension
Move to approve Consent Agenda with the exception of Item 8A-2 by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 05-0313
ITEM 4 PUBLIC HEARINGS
4. B) Approval/Denial of an amendment to the Lake Ray Roberts Land Use Ordinance for a SPECIAL USE PERMIT, Abstract 1322, Tract 10, Precinct #1, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to reset the public hearing for June 14, 2005, 9:05a.m. by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0314
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) 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. (Formal 5-10-05)
NO ACTION – REPOST NEXT WEEK14. C) 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. (Formal 5-10-05)
NO ACTION – REPOST NEXT WEEK
ITEM 6 PURCHASING
6. A) Approval of policy changes recommended by the Vehicle/Radio Assessment Committee:
1) Approve elimination of assessment of radios from committee charge and deletion of all references to radios in committee name and policy;
2) Approve revision of committee appointments as recommended; and
3) Define pool and duty vehicles and approve related policy, and any appropriate action. (Briefing 5-17- 05)Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0315
ITEM 8 HUMAN RESOURCES
8. A-2) 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.) Rita Jo Kirby, Office Support Specialist I/Constable Pct 1.
Move to approve hiring at a STEP 4 and review the position at budget time for possible reorganization by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 05-0316
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #101020 for Medical Supplies and Operating Supplies for Public Health-Clinical in the amount of $26,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0317
ITEM 8 HUMAN RESOURCES
8. B) Approve revisions to Personnel Policy #3.2 – Employee Probationary Period and to the Salary Administration Guidelines (sections on Probationary Periods), and any appropriate action. (Formal 5-17-05)
NO ACTION – REPOST NEXT WEEK8. C) Approve the creation of new Technical Operations Manager position and a new Elections Inventory Coordinator position in the Elections Department, and any appropriate action. (Formal 5-10 & 17-05)
Move to approve creation of new Technical Operations Manager position and repost Elections Inventory Coordinator position at a later date by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0318
ITEM 9 HEALTH
9. A) Approval to extend hours for Doctor Kesseler temporarily up to an additional 48 hours in conjunction with The People’s Clinic, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0319
ITEM 10 PUBLIC WORKS
10. A) Approve the final plat of the Magnolia Boulevard at Savannah, Precinct #1, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-032010. B) Approve Tuesday, June 14, 2005 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Recreational/Commercial (R/C), Abstract 29, Track 14, Precinct #1, and recommended for approval by the Lake Ray Roberts Planning & Zoning Commission, and any appropriate action.
Move to approve with time changed to 9:10 a.m. by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-032110. C) Approve Tuesday, June 28, 2005, at 7:05 p.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of Magnolia Addition, Phase C, Precinct #4, and any appropriate action.
Move to approve with time and date changed to Tuesday, July 5, 2005, at 9:05 a.m. by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0322
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, antion. Commissioner, Precinct #1
d any appropriate action. County Judge
NO ACTION13. 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 Bruce Arledge to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-032313. F) Approve the appointment of Tommy Brewer to the Denton County Veterans Advisory Board, and any appropriate ac
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-032413. G) Approve the appointment of Ms. Susan Romero to the Denton County Child Protective Services Board, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0325
ITEM 14 LEGAL
14. D) Approval of the Agreement with Opus West L.P., the City of Highland Village and Denton County, Texas, for Opus West L.P. to clear property owned by Denton County, which is located at FM 2499 (Village Parkway) and the western boundary of Opus West L.P.’s property, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-032614. E) Approval of Lease Purchase Schedule No. 609 with attachments, and exhibits between Denton County and Dell Financial Services L.P., and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-032714. F) Approval of (1) Amendment #2 to the Agreement for Services – Administrative Services Agreement for COBRA/HIPAA/Retiree Billing and (2) Amendment #3 to the Services for Flexible Spending Accounts/Section 125 Administration between Flexben Corporation and Denton County, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0328
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.
Convened in Executive Session 10:16AM
Reconvened in Formal Session 11:07AMFor 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.
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); 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.
16. B) EXECUTIVE SESSION: Consolation with Attorney: Interpretation and legal effect of Texas Attorney General Opinion No. GA-0326.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 16 ADDENDA
16. A) Approval of the Comprise Settlement Agreement and Mutual Release in the pending litigation between Ed Wolski, et al., v. Denton, Texas et al., Cause RT-2004-343, pending in the Probate Court of Denton County, Texas, and any appropriate action.
NO ACTION
ITEM 19 ADJOURNMENT 11:08AM
This set of minutes for May 24, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
