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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 July 19, 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 19th day of July, 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 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 Dan Japhet, Probate Auditor/Attorney.
Mr. Scheible: Dear Heavenly Father, we have gathered here together on this occasion of our meeting of our Commissioners Court. We ask that You would give all of those who speak here today an awareness of Your presence in their lives and that You would open our hearts and minds to do Your will, and would not do the things that we want done, but the things that You want done.
Father, we ask now that you watch over our leaders, starting with the president and working all the way down, every county commissioner, every judge, every senator, every congressman would know You in a rich and full way today, that our government would be filled with Your power, that You would be lifted up in everything that is said and done.
Father, we thank You for this time and the freedom to live in a country where we can worship you. In Christ's name. Amen.
ITEM 1 PUBLIC INPUT
Danny White, Dick Shelley, Wayne Trevathan, Ferrell A Shelton, and William Smith had statements read supporting Veterans Service Office.
Thomas Vaughn, Phillip E. Beims, Johnnie N. Buler, and Virgil Aldag spoke in support of Veterans Service Office.
ITEM 2 CONSENT AGENDA
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101220 for Prior Year Purchases for Justice Information Systems in the amount of $37,400, and any appropriate action.
7. D) Approval of Budget Amendment Request #101230 for Road Maintenance Equipment for Road & Bridge, Precinct #1 in the amount of $7,195, and any appropriate action.
7. E) Approval of Budget Amendment Request #101240 for Repairs and Maintenance for Denton County Government Center in the amount of $300, and any appropriate action.
7. F) Approval of Budget Amendment Request #101260 for Shop Tools & Equipment for Road & Bridge, Precinct #4 in the amount of $3,995, and any appropriate action.
7. G) Approval of Budget Amendment Request #101310 for Gasoline and Office Supplies for Print/Mail Department in the amount of $6,295, and any appropriate action.
7. H) Approval of Budget Amendment Request #101350 to reallocate excess funds to Gasoline for Law Enforcement Facility in the amount of $469, and any appropriate action.
7. I) Approval of Budget Amendment Request #101380 for Vehicle Repairs for Constable, Precinct #4 in the amount of $700, 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.) Trevor C. Krueger, Deputy Constable/Constable, Pct 4; Mark Hoffman, Street & Map Coordinator/Elections Administration Dept; Donnell Barnett, HIV Case Manager/P.H.–HIV Education Grant; Katrina Sandberg, Misdemeanor Prosecutor II-FV/Family Violence Expansion Grant; Annie Highfill, Detention Officer I/County Jail; Monica Osborn, Detention Officer I/County Jail; Kathy Arledge, Detention Officer I/County Jail; Jess Moran, Detention Officer I/County Jail; Marjorie Young, Detention Officer I/County Jail; Kristina Gray, Detention Officer I/County Jail; Kenneth Jones, Detention Officer I/County Jail; Desydelia Gallardo, Detention Officer I/County Jail; Mark Norwood, Deputy Sheriff/Sheriff; Keith Hoerle, Radio/Electronics Technician/Sheriff; Katherine Dickson, Juvenile Probation Officer/Juvenile Probation; Hope Nelson, Deputy Clerk/Tax Assessor-Collector; Lisa Nolte, Deputy Clerk/Tax Assessor-Collector; Kay Prather, Deputy Clerk/Tax Assessor-Collector; Vanessa Davis, Assistant Breastfeeding Coordinator/WIC-Administration; Belinda Flores, WIC Clinical Professional/WIC-Administration.
PUBLIC WORKS
10. A) Approve the Final Plat of Groff Addition, Precinct #1, and any appropriate action.
OTHER DEPARTMENTS
13. C) Approval of Building Usage Request from the Benjamin Lyon Chapter-Daughters of the American Revolution for the reading of the Constitution on Saturday, Sept. 17, 2005, from 1:30 to 5:30pm at the CHOS, lawn and Commissioners Courtroom, and any appropriate action. Aide to the Court (Briefing 7-12-05)
13. D) Approval of Building Usage Request from the Denton County Republican Party for use of the Commissioners Courtroom at the CHOS for the monthly meetings from 6:00 to 10:00, every 4th Tuesday of the month, and any appropriate action. Aide to the Court (Briefing 7-12-05)
13. E) Approval of allocation of funds from 1999 BSRP Pct. 4 discretionary funds previously encumbered as shown on Schedule “A” attached hereto in the amount of $164,816.78 to the South Branch Road project, and any appropriate action. Commissioner, Precinct #4 (Briefing 7-12-05)
LEGAL
14. B) Approval of the Supplement Agreement #1 to the North Texas Tollway Authority (NTTA) Interlocal Agreement for the Lewisville Lake Bridge Corridor Feasibility Study in the amount of $921,605.28, and any appropriate action. (Briefing 7-12-05)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 05-0429
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.)ADDITIONS—
GENERAL
S.O. $ 207.00 to Carrington’s Bluff, lodging – Maureen Hutson;
S.O. $ 60.00 to Maureen Hutson – S.O., Austin meal advance;
D.A. $ 118.50 to Robin Callaway-Newton, state of facts/DA;
D.A. $ 540.00 to State Bar of Texas – CLE, reg fee – Karin Qualls;
S.O. $ 350.00 to TX Building & Procurement Comm, reg fee – Maureen Hutson;
Jail $ 336.84 to Cardinal Health, exam gloves;
R&B $ 128.00 to Int’l Right of Way Assoc, 05 membership application;
CSCD $ 250.00 to Tony Brigmon, trainer – CSCD;
Juv-Post Adj $ 628.00 to Cook Children’s PHY Network, medical – TLJ/Juv;
PH-Clinical $ 272.26 to Cardinal Health, bracket, med supplies, strip iodoform, probe cover, late fee, late fee;
DA Hot Ck $ 150.00 to Larry Martin – Metrocrest Medical, training exp – DA.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0430
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of any possible action on a disaster declaration for the prevention of and threat of wildland fires due to drought conditions in Denton County. Fire Marshal/Emergency Management
Move to approve continuation of Burn Ban, but allow trench burning approved by the Fire Marshal’s office with the stipulation that fire departments must be on standby by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0431
ITEM 6 PURCHASING
6. A) Approval for the use of excess 1999 Tax Notes to fund geotechnical engineering service from Alliance Geotechnical Group for $9,756 for the Teasley Communication Tower, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-04326. B) Approval of specifications and authority to advertise for the Naylor Road Culvert Project, Bid #07-05-1709, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-04336. C) Approval of specifications and authority to advertise for McKinney Street Backbone Cabling, Bid #07-05-1708, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0434
ITEM 7 BUDGET
7. J) Approve the designation of Tax Assessor/Collector to Calculate the effective and rollback tax Rates for tax year 2005 for Denton County, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0435
ITEM 10 PUBLIC WORKS
10. B) Approve Tuesday, August 23, 2005 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve the REPLAT of Lot 2, Block 1, of Plainview Farms Addition, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0436
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 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. F) Approve the appointment of Mr. James W. Tyrrell to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-043713. G) Approve the appointment of Katherine Strantz to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-043813. H) Approve the re-appointment of Gloria Massey to the Denton County Child Protective Services Board as a Precinct #3 representative, pending further approval by the CPS Board, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-043913. I) Approval of the nomination of Tax Assessor-Collector Steve Mossman to fulfill an unexpired term on the Denton Central Appraisal District Board of Directors, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0440
ITEM 16 ADDENDA
16. A) Approval of specifications and authority to advertise for Denton County Government Center Furniture, Bid #07-05-1710, and any appropriate action.-Purchasing
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-044116. B) Approval of Amendment #2 to the Agreement between North Texas Alliance DBA Employer Services and the County of Denton, and any appropriate action.-DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-044216. C) Approval of the Draft Denco Area 9-1-1 District Fiscal Year 2006 Financial Plan, and any appropriate action.-DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-044316. D) Approval of updated budgetary forms regarding Title IV-E Child Welfare Board Contract #20033271, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-044416. E) Approval of updated budgetary and contract forms regarding Title IV-E County Legal Services Contract #2003033424 with the Texas Department of Family and Protective Services, and appropriate action.-DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-044516. F) Approval of Amendment #3 to the Agreement between North Texas Healthcare Network, Inc. and the County of Denton, and any appropriate action.-DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-044616. G) Approval of Amendment #1 to the Agreement between Careington International, the Dental Network and the County of Denton, and any appropriate action.-DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0447
ITEM 17 RECESS 9:44AM
ITEM 18 RECONVENE 9:59AM
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 10:01AM
Reconvened in Formal Session 10:52AM15. 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); 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.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS15. E) Real Property: Texas Government Code, Section 551.072: To discuss setting a minimum bid amount for the disposition of two (2) parcels of real property through sealed-bid procedure.
Move to establish the minimum bid for the two parcels to be sold at the appraised value established by the Central Appraisal District and attempt to sell those parcels through the sealed bid procedure by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-044816. H) EXECUTIVE SESSION: Consultation with Attorney: Potential Litigation, Texas Government Code, Section 551.071 (1) (A); Discussion of potential claim against and contract with AK Specialty Vehicles.-DA/Civil
NO ACTION ON EXECUTIVE ITEM 16H.
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of a minimum bid amount for the disposition of two (2) parcels of real property through the sealed-bid procedure which is provided for in Texas Local Government § 263.007 and which is to be administered by the Denton County Commissioners Court, and any appropriate action.
NO ACTION – THIS ITEM WAS TAKEN CARE OF WITH EXECUTIVE ITEM 15E.
ITEM 7 BUDGET
7. B) Approval of any action related to the 2005-2006 Denton County Budget.
Below you will find brief descriptions of what took place during the Budget Appeals. Please see www.dentoncounty.com for the video of the meeting or contact the County Clerk’s Office for the tapes to hear the exact conversations.
Elections
Don Alexander spoke on the Budget Appeal for new hire on Grade 18/Step 1
Total budget appeal is for $6,271.00. Five months out of the year that person will be programming machines for contract entities; therefore, we will recover a portion of the salary at $13.29 an hour for five months out of the year. We cannot get this down to zero impact because the impact for $10,000.00 is a new requirement for printers and scanners and the JVCs. The ’07 Budget we’ll be talking about next year, that line item will go back up to $61,400.00. Commissioners Court would like the Elections Commissions recommendation on this position.Raises
Raises for non-elected employees. Recommended budget is for 2% raises.General Fund – Road & Bridge
Revenue built in… 5% auto registration fee can be increased by $200,000.00 in the budget process. Those funds go into the Road & Bridge funds and we can spend it on Road & Bridge or we can lower the taxes that are put into Road & Bridge. We are supplementing Road & Bridge by $1.5 million that could go into the General Fund.
(ITEM 7B continued after break.)
ITEM 17 RECESS 11:22AM
ITEM 18 RECONVENE 1:33PM
ITEM 7B continued…
Library Funding
Jennifer Shelly, Kathy Gilson, Joan Sveinsson, Catherine Nipe, Tina Hager, and Sandy Gillman spoke on Library funding. They all disagree with making the cities filter the internet at the libraries to get funding. Denton County Library Advisory Board – 20% reduction over last year’s funding level. The unfiltered libraries are Carrollton, Little Elm, Pilot Point, Plano, Ponder, and The Colony.Print/Mail
Frank Phillips presented a slide show requesting a new position, FT Print/Mail Specialist Grade 15/Step 1 for a budget impact of $36,582.00. Print/Mail has not had a new position added since 1997. Work load has grown, but staff has not.Veteran’s Services
Budget appeal by Hank Scheible for a new employee, FT Assistant Veteran’s Service Officer Grade 23/Step 1, total budget impact of $63,705; a budget appeal for Fixed Car Allowance for Barbara Nance, budget impact of $3,499; a budget appeal for a Fax Machine, budget impact of $1,800.Need another Veteran’s Service Officer to assist all of the Veterans in Denton County. Need to increase car allowance for Barbara Nance because she is the guru on assisted living claims. She does a lot of public speaking on this subject. Fax machine is 10 years old and a new one is needed.
District Clerk
Sherri Adelstein addressed the Court on appeals for a new hire Deputy Clerk Grade 14 Step 1, video system in Jury Grand Jury Department and reallocation in the District Clerk Records Management Fund. She wants to show the American Juror videos to jurors. Need a new hire to help with increasing AG workload. They will be bringing in enough revenue to justify paying another employee. AG filed 659 cases in 2003 and are already up to 803 this year.7. B-6) Reallocate funds from the District Clerk Records Management Fund Unappropriated Contingency line item to the District Clerk Records Management Fund Computers line item in the amount of $2,100.00 for purchase of one 4650DN printer for zero impact.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0449
Treasurer
Cindy Brown spoke on a budget appeal for Automated Timesheet Application with Biometric technology and on a budget appeal for Updated Payformance Software which would allow for e-mailing direct deposit notifications to employees and would eliminate the need to produce costly paper notifications.Tax Assessor Collector
Steve Mossman spoke on a budget appeal for 2 positions: Assistant Supervisor – Property Tax and Supervisor – Motor Vehicle.Constable Precinct 2
Wayne Rhodes spoke on a budget appeal for making a Part-Time Office Support Specialist II position into a full time position because there is a dramatic increase in civil process and warrants that are being handled in the office of Constable Precinct 2. He also spoke on a budget appeal for a new Full Time Civil Deputy who would be outfitted with equipment already in the office.Constable Precinct 5
Ken Jannereth spoke on budget appeal for Salary Equity adjustments for Chief Deputy Ron Vander Roest and Deputy Constable George Riojas. He also spoke on a budget appeal for video cameras to comply with Racial Profiling Statutes and to have record posting notices for Forcible move outs, distribution of papers to persons avoiding the process of legal service and actual Forcible Evictions.Emergency Management
Jody Gonzalez spoke on a budget appeal for 2 new hires and a replacement vehicle. The current vehicle is need of repairs and it would become unsafe for emergency response within the next year and a half even with repairs. Need 2 new employees for a new project for County Fire Code.7. B-11) Change the name of Emergency Management to Department of Emergency Services and change the name of the existing Emergency Services Department to Fire and Ambulance Services.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0450
PediPlace
Zella Tyson spoke on budget appeal for funding for PediPlace. PediPlace is requesting level funding from Denton County to continue to provide pediatric services to Denton County children.The Teen Center
Sandy Thurman spoke on budget appeal for funding for The Teen Center.AIDS Services of North Texas
Ron Aldridge spoke on budget appeal for funding for ASNT.Boys and Girls Club
Bill Aree spoke on budget appeal for funding for Boys & Girls Club.Denton City-County Day School
Carolyn Berry spoke on budget appeal for funding for Denton City-County Day School.Day Stay for Adults
Andre Villarreal spoke on budget appeal for funding for Day Stay for Adults.
Carl Buck also spoke on this budget appeal.SPAN
Erika Lissberger spoke on budget appeal for funding for SPAN.RSVP
Diana Corona spoke on budget appeal for funding for RSVP.7. B-22a) Reallocate $240.00 Page Expense from Juvenile Detention to Constable Precinct 1, because Constable Precinct 1’s budget was reduced in error instead of Juvenile Detention.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-04517. B-22b) Decrease County Planning Department Computer Software line item by $5,600.00 and decrease County Planning Department Stormwater Management Program line item by $1,424.00. Increase County Planning Department Computer Software Maintenance line item by $7,024.00; zero impact.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-04527. B-22c) Reduce Debt Service Fund line items: Interest Payments – 96 PI Bonds, Interest Payments – 97 PI Bonds, Interest Payments – 99 Cert Obligation, Interest Payments – 99 PI Bonds, Interest 2000 PI Bonds; increase Interest 2005 Ref Bonds by $1,596,251.00 for a total savings of $88,760.00.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0453Road and Bridge Revenue – Increase – Additional 5% Auto Registration Fee ($200,000).
Move to approve by Comm. Carter
Motion Failed due to lack of second
Hold off until we know we know how it will be allocated.7. B-22d) Reduce DA Hot Check Fund line items: Salary Assistants (no raises and reducing supplements), Overtime Cash Option, FICA, Retirement, Workers Comp, TEC, Office Supplies, Postage, Printed Material, Copier Supplies, Operating Supplies, Computer Supplies, Dues and Subscriptions, Training and Education, Contract Labor, and Legal Advertisements; increase Revenues – State Contributions by $5,000.00 and increase Revenues – Hot Check Fees by $5,000.00 for a total savings of $31,841.00.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0454
ITEM 19 ADJOURNMENT 5:25PM
This set of minutes for July 19, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
