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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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September 7, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 7th day of September, 2004, at 9:05 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Kathleen Bransford.
Court opened with an Invocation by Charles Emery of the Denton County Transportation Authority, followed by the Pledges of Allegiance to the American and Texas Flags led by Bill Gentry, a member of the Denton County Historical Commission.
Mr. Emery: Father in heaven, we are so grateful for a great Country, a great
State, a great County and, Father, we just acknowledge that this government was
created for your purpose and for your principles.
And we just pray that you'll keep us mindful that we are each charged with the
responsibility to uphold those principles and that purpose. We thank you for
this Commissioners Court and the dedication of each person that's involved in
the process of County government. And we just pray that they will always seek
your direction and your guidance in all of the decisions that are made. And
we'll give you the honor and the glory for it all. In Jesus' name we ask it.
Amen.
ITEM 1 PUBLIC INPUT
Charles Emery, Chairman of the Denton County Transportation Authority, presented a check in the amount of $102, 050 to Commissioners Court for a partial refund of the start-up monies given to DCTA by the County.
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award of bid for Tires (Passenger & Light Truck), Bid #05-04-1618, to Gray’s Wholesale Tire, and any appropriate action. (Briefing 8-31-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #102080 for Salary Assistants, Part-Time Salary Assistants/Benefits for Death Investigation/Medical Examiner Services in the amount of $3,309, and any appropriate action. (Briefing 8-31-04)
7. C) Approval of Budget Amendment Request #102100 for Prior Year Funding for Registration/State Training Fees for Emergency Management in the amount of $2,785, and any appropriate action. (Briefing 8-31-04)
7. D) Approval of Budget Amendment Request #102110 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for County Criminal Court #5 in the amount of $30,000, and any appropriate action. (Briefing 8-31-04)
7. E) Approval of Budget Amendment Request #102120 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for County Criminal Court #2 in the amount of $20,000, and any appropriate action. (Briefing 8-31-04)
7. F) Approval of Budget Amendment Request #102150 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various other line items for Denton County Freshwater Contract in the amount of $78,857, and any appropriate action. (Briefing 8-31-04)
7. G) Approval of Budget Amendment Request #102160 to increase revenues and allocate expenditures for Primary Health Care Services and transfer excess funds to Law & Reference Books for Public Health-Clinical in the amount of $46,125, and any appropriate action. (Briefing 8-31-04)
7. H) Approval of Budget Amendment Request #102180 for various line items for County Jail in the amount of $17,633, and any appropriate action.
7. I) Approval of Budget Amendment Request #102190 for various line items for Sheriff’s
Department in the amount of $38,799, and any appropriate action.7. J) Approval of Budget Amendment Request #102210 for various line items for Sheriff’s Mental Health Unit in the amount of $4,582, and any appropriate action.
7. K) Approval of Budget Amendment Request #102220 for various line items for Law Enforcement and Sheriff’s Pre-Trial Facility in the amount of $16,165, and any appropriate action.
7. L) Approval of Budget Amendment Request #102240 for various line items for Criminal District Attorney in the amount of $11,987, and any appropriate action.
7. M) Approval of Budget Amendment Request #102250 for Law & Reference for Criminal District Attorney in the amount of $1,140, and any appropriate action.
7. N) Approval of Budget Amendment Request #102270 for Computer Supplies for County-Wide Technology in the amount of $4,160, and any appropriate action.
7. O) Approval of Budget Amendment Request #102280 for various line items for Juvenile Probation in the amount of $9,015, and any appropriate action.
7. P) Approval of Budget Amendment Request #102300 for Computer Supplies for Criminal District Attorney-Civil Division in the amount of $393, 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, Senior Buyer/Purchasing; Denise Infanzon, Asst. Breastfeeding Coordinator; Rosalinda Rocha, Office Support Specialist II/WIC-Administration; Kimberly Short-Johnson, DOII Medical/Jail Health Department; Jack Belcher, Service & Lube Technician, R & B, Pcts. 1 & 2; Ryan Calvert, Misdemeanor Prosecutor I/Criminal District Attorney; Tony Bybee, Deputy Sheriff/Sheriff; Jessica Villarreal, Juvenile Probation Officer/JJAEP.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for August 24, 2004, and any appropriate action.
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0559
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 FROM GENERAL –
$ 332.58 to Federal Express Corp., incorrect amount;
$ 155.29 to Member’s Building Maintenance, duplicate payment;CORRECTION TO GENERAL –
$ 10.00 to Jerry Ray, incorrect vendor (pay Texas Assoc. of District Judges)ADDITIONS TO GENERAL –
Appropriations $ 3,200.00 to Denton County Soil & Water for Service Agreement;
367th Dist. Court $ 2,137.50 to Watson Private Investigator.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0560
ITEM 13 OTHER DEPARTMENTS
13. A) Approve re-appointment of Lorraine Perry to the Denton County Child Protective Services Board as a representative of Commissioner, Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0561
ITEM 16 ADDENDA
16. A) Approval of the First Amendment to Service Agreement between Denton County and Denton County MHMR, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-056216. B) Approval of the Second Amendment to Lease Agreement between Denton County, Texas, and S & H Holdings, Inc. for the WIC office in Lewisville, Texas and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0563
ITEM 17 RECESS 9:25 a.m.
ITEM 18 RECONVENE 9:30 a.m.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the abandoning of an unused portion of right-of-way known as Doe Creek Road described on Exhibit “A” to this Order, to the adjacent property owner, Gray Bedford Davis, and authorization for the County Judge to execute the Quitclaim Deed between Denton County and Gray Bedford Davis for the abandoned unused portion of right-of-way known as Doe Creek Road; this Order of Abandonment does not affect any portion of the right-of-way currently used by Denton County as a public road and is solely limited to the unused portion of right-of-way, and any appropriate action. DA/Civil Division
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0564
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.
Court Convened in Executive Session 9:34 a.m.
Court Reconvened in Formal Session 10:10 a.m.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.
15. D) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss potential claim by Michael Williams.
15. E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Darren M. Heizer vs. The State of Texas, et al, pending in the United States District Court Eastern District of Texas Sherman Division, Cause No. 4:03 cv 480.
15. F) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS v. PHILLIPS SWAGER & ASSOCIATES, INC. HUBER, HUNT & NICHOLS, INC. n/k/a HUNT CONSTRUCTION GROUP, INC. AND R.C. SMALL & ASSOCIATES, INC.; Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas.
NO ACTION
ITEM 17 RECESS 10:12 a.m.
ITEM 18 RECONVENE 11:05 a.m.
ITEM 4 PUBLIC HEARINGS
4. B) Public Hearing on the Denton County Budget for FY 2004-2005, and any appropriate action. Budget
Move to Open Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke.
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-04. C) Approve the adoption of the 2004-2005 Denton County Budget of $129,720,150, and any appropriate action. Budget
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order 04-05654. D) Approval of the adoption of the tax rate on $100 of taxable value for Denton County for tax year 2004 as follows: $0.21908 for the purpose of maintenance and operation and $0.03572 for the payment of principal and interest on debt service, for a total County tax rate of $0.25480, and any appropriate action. Budget
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 04-0566
ITEM 17 RECESS 11:26 a.m.
ITEM 18 RECONVENE 11:34 a.m.
ITEM 19 ADJOURNMENT 11:35 a.m.
This set of minutes prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.