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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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MAY 1, 2001
Be it remembered that Commissioners Court of Denton County, Texas met on this 1st day of May, 2001, with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:
Court opened with an Invocation by John Polster, President of Innovative Transportation Solutions, Inc. and was followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath from Denton, a member of the Denton County Historical Commission.
Mr. Polster: Father, God, we do lift up You this morning and give You thanks for this day. We pray, Lord, that as we deliberate on these issues today, that You give us the wisdom and the guidance that would mark Your Will. We pray, Lord, that as we go forth this day, that we bring honor and glory to You. In Christ's name, we pray. Amen.
ITEM 1 PUBLIC INPUT
Mr. & Mrs. Tommy Purser complained of the damage to Old Stony Road and Ripy Road due to the heavy truck traffic from the gas wells and asked if the money from the overweight permits could be used for restoration and maintenance.
Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 1)Judge Armey recognized and presented the following department heads a framed Denton Record-Chronicle of personal articles: Don Alexander, Donna Stewart, James Wells, and Kelly Zwinggi.
ITEM 2 CONSENT AGENDA (Item 14E pulled for further discussion)
PURCHASING
6.A) Approval to declare Norstar Phone System surplus, authorize a Sealed Bid Sale, advertising, and any appropriate action. (Briefing 04-24-01)
6.B) Approval of renewal of bid for Tires and Tubes (Truck and Heavy Equipment), Bid #04-99-1207, to Gray's Wholesale Tire Dist., Inc., and any appropriate action. (Briefing 04-24-01)
BUDGET
7.A) Approval of Budget Amendment Request #101280 for various line items for Commissioner, Precinct #1 in the amount of $1,164. (Briefing 04-24-01)
7.B) Approval of Budget Amendment Request #101300 for Road Maintenance Equipment for Centralized Road & Bridge in the amount of $34,542. (Briefing 04-24-01)7.C) Approval of Budget Amendment Request #101310 for Shop Tools/Equipment for Vehicle Maintenance in the amount of $5,049. (Briefing 04-24-01)
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.) The following Order Making Appointments were approved: Ricardo Fuentez, Heavy Equipment Operator/Centralized Road & Bridge; Leticia Lopez, Detention Officer I/County Jail; Eddie Puckett, Deputy Sheriff/Sheriff; Sandra Nandin, Deputy Clerk-Civil/District Clerk; Sue Coil, Deputy Clerk-Criminal/District Clerk; Mary Able, Detention Officer II-Medical/Jail Health.
PUBLIC WORKS
10.C) Approve Tuesday May 22, 2001 at 9:15 as date and time to conduct a PUBLIC HEARING to consider and amendment to the Lake Ray Roberts Land Use Ordinance as requested by the Lake Ray Roberts Planning and Zoning Commission by Mr. Burness Higgs. (Briefing 04-24-01)
COUNTY CLERK
11.A) Approve the minutes for April 17, 2001, Formal Session.
OTHER DEPARTMENTS
13.D) Approval of building use requested by Elizabeth Quigg for the use of the Commissioners Courtroom and the Courthouse Lawn on May 6, 2001 from 7:00 p.m. until 8:00 p.m. for the purpose of a dance and guitar performance - Aide-to-the-Court. (Briefing 04-24-01)
13.E) Approve the application for the National School Lunch Program/School Breakfast Program Contract for the 2001-2002 school year for the Juvenile Probation Department - Juvenile Probation.(Briefing 04-24-01)
LEGAL
14.B) Approval of Change Order No. 2 to the Agreement between Denton County, Texas, and Jagoe-Public Company, Bid #03-00-1327 for Robson Ranch Road Reconstruction. (Briefing 04-24-01)
14.C) Approval of Change Order No. 3 to the Local Transportation Project Advance Funding Agreement for the changing of signage on Interstate 35W at the Robson Ranch Road/Crawford Road Interchange, Exit 79. (Briefing 04-24-01)
14.D) Approval of Change Order No. 9 to the Advance Funding Agreement for Standard Highway Improvement Project for U.s. 377 between Denton County, Texas and the State of Texas, acting through the Texas Department of Transportation. (Briefing 04-24-01)
14.F) Approval of Construction and Maintenance Agreement between Denton County, Texas, and the Burlington Northern and Santa Fe Railway Company for the Parker Road Extension. (Briefing 04-24-01)
14.G) Approval of: a) the Approval of the Termination of the Agreement between County and Engineer, between Denton County, Texas and Halff Associates, Inc., regarding SH 114 Improvements, b) Approval of Contract between County and Engineer, between Denton County, Texas and Halff Associates, Inc., regarding SH 114 Improvements (I-35W to FM 156), and c) Approval of Contract between County and Engineer, between Denton County, Texas and Halff Associates, Inc., regarding SH 114 Improvements (FM 156 to Wise County Line). (Briefing 04-24-01)
Move to approve Consent Agenda with the exception of Item 14.E by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0253
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of Proclamation declaring May 6 - 12, 2001 to be Local Arson Awareness Week in Denton County, Texas - Denton County Fire Marshal.
Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0254
ITEM 5 COUNTY AUDITOR
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 the General Fund, $394.50 to West Info Publishing Group, per department.
From Law Library, $159.00 to West Info Publishing Group, per department.ADDITIONS:
To General, Civil Div. DA, $375.00 to the Univ. of Texas at Austin, registration fee for Hugh
Coleman;
To General, Civil Div. DA, $10.00 to the Second Court of Appeals for fees/CA;
To General, Non-Departmental, $5,000.00 to Custer Company, Inc. for settlement of Custer Co.
v. Denton;
To Juvenile Probation, $1,322.77 to Bobbie Hanford for lodging reimbursement;
To Juvenile Probation, $145.04 to Jesse Curiel for mileage to Austin Conf/Juvenile;
To TNCP, $75.00 to Robert Guerrero for Arlington Travel Advance;
To TNCP, $105.00 to Michael T. Cothran for Return Seized Money;
To TNCP, $5,000.00 to Thomas S. Hughes, Attorney and Hector Torres, for Return Seized
Money.
Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0255
ITEM 6 PURCHASING
6.C) Approval of specifications and authority to advertise for Long Distance Telephone Services, RFP #02-01-1412, and any appropriate action.
Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0256
ITEM 10 PUBLIC WORKS
10.A) Approval of any appropriate action regarding project development, construction progress, and change orders to Denton County Building Projects - Commissioners Court.
Move to appoint a temporary committee to review the progress and status of the Jail Expansion, its future and effect on next year's budget, with the committee consisting of the following: the County Judge, Directors of Operation, Budget, Purchasing, Human Resources and Captains Powell and Davenport from the Sheriff's Department by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0257Judge Armey asked the court to think and prepare for future discussion of the Juvenile Detention Kitchen that is woefully inadequate.
10.B) Approval of any appropriate action regarding ongoing, planned, and proposed county and state transportation projects; Denton County's Better Safer Roads Program; and any necessary action regarding the modification of the Denton County Master Thoroughfare Plan - Commissioners Court.
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action regarding Denton County boards and committees - Commissioners Court.
NO ACTION
Comm. White suggested the court take a look at revamping the Environmental Task Force.
13.B) Approval of any action regarding the 77th Legislative Session - Commissioners Court.
NO ACTION
Comm. Jacobs discussed Senate Bill 896 - a county road funding bill - and if it is passed, the need for this county to have an accurate count of paved/concrete and linear road miles to be able to take advantage of this bill.
Tye DeBerry, Director of Economic Development, updated the court on House Bill 2369 - biotech grants - House Bill 2491 - Technological development zones and House Bill 2870 - clarification of the county's ability to make grants & loans.
13.C) Approval of Denton County Redistricting 2001:
1) Splitting and Realigning Voter Precincts,
2) Redistricting of County Commissioners Precincts,
3) Potential Redistricting of Justice of the Peace and Constables Precincts,
4) 2001 Redistricting Committee - County Judge.13.C-4 (a) Move to approve the formation of the 2001 Redistricting Committee to consist of 2 appointments from each Commissioner, Presidents of NAACP and LULAC, Chairmen of the Democratic & Republican parties and an Asian representative with the County Judge being Chairman of the Committee by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-025813.C-4 (b) Move to approve the members to the 2001 Redistricting Committee: Dianne Edmondson and Lori DeLuca by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order 01-025913.C-4 (c) Move to approve the members to the 2001 Redistricting Committee: Jeff Meyer, CPA from The Colony and Lori Manning of The Colony by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order 01-026013.F) Approval of revision to Denton County Tax Abatement Policy - County Judge.
Move to approve, as amended, by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-1-0 (Carter nay)
Court Order 01-026114.E) Approval of: a) the Project for road improvements to Naylor Road, and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Oak Point. (Briefing 04-24-01)
Move to approve with the understanding that funding will be available next week by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0262ITEM 17 RECESS
ITEM 18 RECONVENE
ITEM 15 EXECUTIVE SESSION
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.
Move to Convene in Executive Session by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-015.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) Tarrant County v. Denton County, pending in the District Court of Parker County, Texas 43rd Judicial District, Cause No. 44051.
15.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A): ATC Associates, Inc., (formerly ATEC Associates, Inc.), David Baldwin, Inc., Landscaping, CCRD Partners Professional & Consulting Engineers, Phillips Swager & Associates, Thornton-Tomasetti Engineers (formerly Ellisor & Tanner, Inc.), JRJ Paving, Inc., Landscape Design & Construction, Hunt
Construction Group (formerly Huber Hunt & Nichols), Pacheco Koch, and R.C. Small & Associates regarding the Denton County Courts Building.NO ACTION ON ITEMS 15.A THROUGH 15.D
ITEM 19 ADJOURNMENT
Move to adjourn by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0 (Jacobs absent)This set of minutes prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.