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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 August 2, 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 2nd day of August, 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 Jim Carter, Denton County Commissioner, Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Roger Cortez, Assistant Veterans Service Officer.
Comm. Carter: Father, we're thankful for the life of Vivian Cochburn and what she did for her community. We're thankful, also, for living in a country that allows us to have free expression and free government. We're thankful for the leaders of our country and for the people in this county and the leaders of this county. We need to remember that always that You instituted government. You instituted government to allow us to live in a land of free, and to govern ourselves as best we can.
Father, let us always remember that we are servants, servants to the
residents of Denton County. We're thankful for the opportunity to live in a
great country and a great state and in this wonderful place we call Denton
County. Be with us today as we deliberate the business of this county. In Jesus'
name we pray. Amen.
ITEM 1 PUBLIC INPUT
Commissioner White read a letter from Ginger Schaeffer addressed to Benny Parkey.
ITEM 2 CONSENT AGENDA
PURCHASING
6. B) Approval of specifications and authority to advertise for Microfilming Supplies, Bid #06-05-1701, and any appropriate action. (Briefing 7-26-05)
6. C) Approval of specifications and authority to advertise for Tires (Passenger & Light Truck), Bid #07-05-1711, and any appropriate action. (Briefing 7-26-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101420 for Employee Programs for Non-Departmental in the amount of $1,400, and any appropriate action. (Briefing 7-26-05)
7. D) Approval of Budget Amendment Request #101430 for Gasoline including the transfer of $2,506 from Non-Departmental Unappropriated Regular Contingency and $1,494 from Constable, Precinct #1’s Budget for a total of $4,000, and any appropriate action. (Briefing 7-26-05)
7. E) Approval of Budget Amendment Request #101440 to increase revenues and allocate expenditures for Computer Software for Justice of the Peace, Precinct #3 in the amount of $8,000, and any appropriate action. (Briefing 7-26-05)
7. H) Approval of Budget Amendment Request #101520 for Operating Supplies for Constable, Precinct #4 in the amount of $3,521, and any appropriate action.
7. I) Approval of Budget Amendment Request #101530 for Training/Education for Human Resources in the amount of $1,200, and any appropriate action.
7. J) Approval of Budget Amendment Request #101540 for Office Supplies for Public Health-Environmental in the amount of $2,750, 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.) Donica Govan, Health Services Specialist II/Jail Health Department; Jacob Kerner, Detention Officer I/County Jail; Jason Daniels, Deputy Sheriff/County Jail; Victor Zelaya, Detention Officer I/County Jail; David Harvey Wright, Lieutenant-Systems Manager/Sheriff; Lacey Freeman, Communications Officer/Communications; Mullykar Samrith, Office Support Specialist I (PT)/Constable, Pct. 6; Douglas Hammons, Chief Deputy Constable/Constable, Pct. 6; Annet Warzwick, Financial Support Specialist II/Purchasing Department; Michelle Hartline, Senior Administrator/County Clerk.
HEALTH
9. A) Approval of CHIP Contract extension for September, October, and November of 2005 with the Texas Department of State Health Services (DSHS), and any appropriate action. 7-26-05)
PUBLIC WORKS
10. C) Approve the Final Plat of the Scott Addition, Precinct #4, and any appropriate action. Planning
LEGAL
14. B) Approval to expend no more than four dollars and no cents ($4.00) to add approximately 80 Medical Reserve Corps volunteers, participating in the Strategic National Stockpile Exercise, to Denton County’s Worker’s Compensation Policy for the limited date of August 9, 2005, and any appropriate action. (Briefing 7-26-06)
14. C) Approval of the Donation Deed between Denton County, Texas, and Glenna Lou Picard and Alice Leigh Picard Ramsey for the Tim Donald Road BRINSAP Project, and any appropriate action. (Briefing 7-26-05)
14. D) Approval of the Interlocal Agreement between Denton County, Texas and North Texas State Fair Association, Inc., to provide a water truck for the 2005 North Texas State Fair and Rodeo, August 17-29, 2005, and any appropriate action. (Briefing 7-26-05)
14. E) Approval of the Mylar title sheet between the Texas Department of Transportation and Denton County, Texas, for the project to install railroad warning signals and gates at the crossing of Lovell Road and the Union Pacific Railroad, and any appropriate action. (Briefing 7-26-05)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0488
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—
R&B $ 50.00 to Texas Society/Professional, duplicate payment;
PH $ 20.70 to Kinetic Instruments Inc, vendor issued credit;
ADDITIONS—
GENERAL
SO $ 150.00 to Michelle Haiduk, San Antonio Meal Advance;
R&B – PW $ 90.00 to Texas Floodplain Mgmt Assoc, dues – 3 employees;
$ 300.00 to Texas Floodplain Mgmt Assoc, reg fee – 3 employees.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0489
ITEM 6 PURCHASING
6. A) Approval of Evaluation Committee’s recommended list of pre-qualified firms for RFQ #02-05-1666 for TRIP 04 Engineering Services, and any appropriate action. (Briefing 7-26-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-04906. D) Approval of specifications and authority to advertise for the Fishtrap Road Drainage Project, Bid #07-05-1716, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0491
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of any possible action on a disaster declaration for the prevention of wildland fires due to drought conditions in Denton County. Fire Marshal/Emergency Management
Move to continue the burn ban with an amendment to allow commercial trench burning by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0492
ITEM 7 BUDGET
7. F) Presentation of the effective and rollback tax rates for Denton County for tax year 2005, and any appropriate action.
NO ACTION7. G) Approval of Budget Amendment Request #101480 to increase revenues and allocate expenditures for Office Supplies and Operating Supplies for Bioterrorism Preparedness Grant in the amount of $24,660, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Vote taken later
ITEM 8 HUMAN RESOURCES
8. B) Approve authorizing Diana Kongevick, Director of the PEBC, as the Retiree Drug Subsidy (RDS) Account Manager, and any appropriate action. (Briefing 7-26-05)
NO ACTION – REPOST NEXT WEEK
ITEM 10 PUBLIC WORKS
10. A) Approve participation in 2005 North Texas State Fair and authority for the County Judge to execute the contract for Commercial Exhibit space, and any appropriate action. Planning (Formal 7-26-05)
Move to approve participation and have the workday of the employees scheduled with work at the fair so they are still working 8 hours a day by Comm. Carter.
Motion Failed due to lack of secondMove to approve participation and allow employees to get comp time for working the fair by Comm. Mitchell.
Motion Failed due to lack of secondMove to approve participation and authority for the County Judge to execute the contract for commercial exhibit space and the Public Works Director will address the staffing issue of this by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 05-049310. B) Approve Tuesday, August 23, 2005 at 9:10 am 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 form Agriculture (AG) to Residential Medium Residency (R-2) Abstract 497, Tract 6a (1), as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0494
ITEM 12 SHERIFF
12. A) Approval of the Interlocal Cooperation Agreement between Denton County and Northwest Independent School District for Absent Student Assistant Program, and any appropriate action. DA/Civil-SO
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0495
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. C) Approve the appointment of Election Judges for the Election Year 2005-2006 for Denton County, Texas, and any appropriate action. Elections (Formal 7-26-05)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0496
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
ITEM 16 ADDENDA
16. A) Discussion of award of bid for HVAC Full Services Maintenance Agreement, Bid #06-05-1705, to DMI Corp. at $63,180.00, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0497
ITEM 7 BUDGET
7. G) Approval of Budget Amendment Request #101480 to increase revenues and allocate expenditures for Office Supplies and Operating Supplies for Bioterrorism Preparedness Grant in the amount of $24,660, and any appropriate action.
Motion by Comm. Mitchell and second by Comm. Jacobs made earlier in discussion.
Motion Carried 5-0-0
Court Order 05-0498
ITEM 17 RECESS 9:40AM
ITEM 18 RECONVENE 9:59AM
ITEM 17 RECESS 10:00AM
ITEM 18 RECONVENE 10:06AM
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of Urban Counties TechShare Juvenile Information System (JIS) Addendum Worksheet for Fiscal Year 2005 and any appropriate action related to the Urban Counties TechShare Juvenile Information System (JIS) Project. Commissioner, Precinct #2
Move to approve resolution and addendum worksheet for 2005 by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0499Move to approve resolution and addendum worksheet for FY 2006 Phase II and inclusion of $91,240 in the Denton County FY 2006 budget by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0500
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
Reconvened in Formal Session15. 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 Center.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS15. E) Real Property: Texas Government Code, Section 551.072: Discussion and deliberation concerning possible purchase of real estate for County building.
Move to go forward with the purchase of the real estate for future county building facilities at the price discussed in Executive Session by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-050115. F) Consultation with Attorney: Real Property; Texas Government Code, Section 551.072; Discussion of right of way acquisition related to FM 2499 and compensation for same.
Move to approve the purchase from ACLU Atilla Construction Company 17.296 acres for consideration of $1,030,000.00; purchase from Zena Land Development LP .76 acres for consideration of $150,000.00; purchase from FM 2181 Ltd. 5.892 acres in the amount of $470,000.00; total of $1.65 million; coming from auditor #746991, bond funds 2499 Section 4 by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-502
ITEM 17 RECESS 12:42PM
ITEM 18 RECONVENE 1:44PM
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.
County Criminal Court #5
Judge Richard Podgorski spoke on the appeal for equity adjustment for County Court Administrator from Grade 24 Step 2 to Step 6.Public Health
Dr. Bing Burton spoke on the budget appeal for an RN position in Public Health Clinical that was cut from the Recommended Budget.7. B-2) Place Registered Nurse position for Public Health back into the recommended budget.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (White nay)
Court Order 05-0503Criminal District Attorney
Bruce Isaacks spoke on the budget appeal for the Misdemeanor Prosecutor II position that was cut from the recommended budget.7. B-3) Place Misdemeanor Prosecutor II position for the Criminal District Attorney back in the recommended budget.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 05-0504Death Investigations/Medical Examiner
John Looper spoke on the budget appeal for Death Investigations Medical Examiner – Senior Criminalist position that was cut from the recommended budget.7. B-4) Take the funds requested for Senior Criminalist in the Medical Examiner’s Office ($51,925) and put them in a Non-department Contingency line item earmarked under the District Attorney’s Office, specifically for this drug issue. Commissioners Court can determine at a later date whether the funds will either be used for the drug testing or a Senior Criminalist or the best way to solve the problem.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 05-0505Records Management
Theresa Rogers spoke on the budget appeal for DO I Records Clerk position that was cut from the recommended budget.7. B-5) Place the Detention Office I Records Clerk position in Records Management back into the recommended budget.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 05-0506Veteran’s Service
Hank Scheible provided the number of Veterans served in Denton County and spoke on the budget appeal for car allowance.7. B-6a) Approve FT Assistant Veteran’s Service Officer position in the Veteran’s Service Office Grade 23.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-05077. B-6b) Approve transferring an extra fax machine in the Krum Road & Bridge facility to the Veteran’s Service Office. If that fax machine does not meet the needs of the Veteran’s Service office, approve the purchase of a fax machine out of Unappropriated Contingency in the current Budget Year.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (Jacobs was absent during vote)
Court Order 05-0508Raises
7. B-24) Reduce salary for Justice of the Peace Precinct 2, Deborah Hollifield, from $63,652 to $25,706; assuming we do 2% raises. This is based on the days she has not been available to serve the constituents in Precinct 2.Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-0509General Budget Discussion
Commissioners Court discussed the budget in general including the effective rate and how much needs to be cut to be at the effective rate.DA Reclassification Revision Recommended by HR
7. B-20) Reclassification of District Attorney Misdemeanor Investigator position from Grade 23 to Grade 24 Step 5 which is a savings of $38.Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0510Other Discussion
Several possible budget cuts were discussed by the court.7. B-27) Cut Civil DA litigation expense to $20,000; savings of $25,000.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-05117. B-28) Cut $79,825 from training line items.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Failed 1-4-0 (Jacobs, Horn, Mitchell & Carter nay)7. B-29) Budget cuts presented by Commissioner Bobbie Mitchell for a total of $14,250
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 05-0512ITEM 17 RECESS 4:17PM
ITEM 18 RECONVENE 4:39PMBudget discussion continued…
Raises
7. B-24b) Approve 4% raises for employees.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 1-4-0 (White, Horn, Mitchell & Carter nay)7. B-24c) Approve 2% raises across the board for all employees, elected officials and department heads.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 05-0513Deleted Slots in Recommended Budget
7. B-22a) Approve the deletion of slots that are not being used, excluding the Economic Development Director’s Office.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-05147. B-22b) Delete Economic Development Director Slot.
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order 05-0515Transferred Slots in Recommended Budget
7. B-23) Approve the transferred slots in the recommended budget.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0516
ITEM 19 ADJOURNMENT 4:59PM
This set of minutes for August 2, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
