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 June 7, 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 7th day of June, 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 and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.

Court opened with an Invocation by Willie Hudspeth, followed by the Pledges of Allegiance to the American and Texas Flags led by Tommy Brewer.

Mr. Hudspeth: Let us pray. God, I thank You for this day. And I thank You that we can all be here together. We'd ask that You would be with us today as we try to -- as the Court decides on things that are important to the citizens.

I'd ask that You would be with each of them and give them the courage to do the thing that You've instructed them to do. Bless the meeting, God, that it will be in harmony and that it will be a good time, that we will experience fellowship with one anther the way you intended. We thank You again for the opportunity to do this. We thank You for our great country and all of the inhabitants that exist here.

Thank You, God, for this time again and ask that You would bless and be with us. In Jesus' name we pray. Amen.

ITEM 16 ADDENDA

16. A) Approval of an Order authorizing the issuance of “DENTON COUNTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005 –A”; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Agreement, and Special Escrow Agreement and the approval and distribution of an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date, and any appropriate action. County Auditor

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0341

ITEM 1 PUBLIC INPUT

Willie Hudspeth apologized to the Court for his behavior.

ITEM 2 CONSENT AGENDA

(Item 7F pulled for further consideration and/or separate vote.)

PURCHASING

6. A) Approval of award of bid for Janitorial Supplies, Bid #02-05-1664, Section 1 to Eagle Brush & Chemicals, Inc, Section 2 to Guest Products, Section 3 to JanPak Supply Solutions, Section 4 to Dart Janitorial & Paper, Section 5 reject all bids, and any appropriate action. (Briefing 5-31-05)

6. B) Approval of renewal for Credit Card Services for Tax Payments, RFP #04-04-1615, to Certified Payments, and any appropriate action. (Briefing 5-31-05)
6. C) Approval of award of bid for Surface Treatment Aggregate, Bid #04-05-1683, to DFW Materials, and any appropriate action. (Briefing 5-31-05)

BUDGET

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

7. G) Approval of Budget Amendment Request #101110 to allocate funding including the creation of new line items for Grant purposes for FY 2004-2005 for Urban Area Security Initiative (UASI) II 2004 Grant in the amount of $74,186, 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.) Jeremy Hutt, Engineer In Training/Public Works Admin/Engineering; Donnie Whitworth, Journeyman Electrician/County Operations; Brian Cormier, Systems Support Specialist/Information Services; Rodney Sherman, Jr., Deputy Clerk (PT)/District Clerk; Melinda Stevens, Detention Officer II/County Jail; Chris Inman, Lieutenant – Transport/County Jail.

8. B) Approve revision to Personnel Policy #6.4 – Incentive Pay, and any appropriate action. (Briefing 5-31-05)

LEGAL

14. D) Approval of Amendment #3 to Contract #582-2-55082-05, between Denton County, Texas, and the Texas Commission on Environmental Quality (TCEQ) formerly known as the Texas Natural Resource Conservation Commission (TNRCC), and any appropriate action. (Briefing 5-31-05)

14. E) Approval of Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Highland Village, and any appropriate action. (Briefing 5-31-05)

Move to approve Consent Agenda with the exception of Item 7F by Comm. White, seconded by Comm. Mitchell.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 05-0342

ITEM 7 BUDGET

7. F) Approval of Budget Amendment Request #101090 for Salary, Assistants/various benefit line items for Veteran Services in the amount of $13,597, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0343

ITEM 5 AUDITOR

5. A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS—
GENERAL $ 37.80 to Metroplex Finishing, incorrect PO charged;

ADDITIONS—
Emerg Mgmt $ 60.00 to Texas Dept of Public Safety, CDL Class B test;
$ 60.00 to Texas Dept of Public Safety, CDL Class B test.

Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0344

ITEM 7 BUDGET

7. B) Approval of Budget Amendment Request #101030 for Court Appointed Attorneys and Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 158th District Court in the amount of $85,000, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0345

7. C) Approval of Budget Amendment Request #101040 for Psychiatric Services including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 211th District Court in the amount of $23,000, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0346

7. D) Approval of Budget Amendment Request #101050 for Statements of Fact including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 362nd District Court in the amount of $9,500, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0347

7. E) Approval of Budget Amendment Request #101060 for Court Appointed Attorney-Family and Statements of Fact including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 367th District Court in the amount of $30,000, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0348

ITEM 12 SHERIFF

12. A) Approval of request to add three additional wireless phones to Mental Health Unit for the FY 2005 Budget, and any appropriate action. (Briefing 5-31-05)

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0349

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of Legislative Policy Statement for the 79th Legislative Session relating to jury service, specifically stating Denton County’s encouragement of Governor Perry to sign Senate Bill 1704.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0350

ITEM 14 LEGAL

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

14. 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, 17, 24, 31-05)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0351

14. 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 3750 E. McKinney (CPS building), and any appropriate action. (Formal 5-10, 17, 24, 31-05)

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0352

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 ACTION

13. C) Discuss and review possible new lease space locations for the Child protective Agency (CPS) and determine the best alternative (based on environment, location, immediate space needs, and safety) to address the present space crisis and any appropriate action. Commissioner, Precinct #2
NO ACTION – Presentation actually took place in the middle of discussion of Item 14C

13. D) Approve the appointment of Matt Davis to the Medical Center of Lewisville Taxing Incremental Financing (TIF) Board, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0353

13. E) Approve the appointment of Thomas W. LaPoint to the Denton County Stormwater Review Committee, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0354

ITEM 17 RECESS 10:07AM
ITEM 18 RECONVENE 10:14AM

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 10:15AM
Reconvened in Formal Session 10:35am

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.
NO ACTION ON THE ABOVE EXECUTIVE ITEMS

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.

Responsibility to be assigned to the Civil Section.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0355

15. E) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); EEOC claims of Robert Garsee, Kevin R. Patton, Johnny P. Guest, Douglas Hammons, William Rogers, Diane E. Curtsinger, Paul Scott and Greg Leveling.

Assign to Civil Department of District Attorney’s Office.

Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0356

ITEM 19 ADJOURNMENT 10:37AM

This set of minutes for June 7, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.