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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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January 20, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 20th day of January, 2004, at 9:10 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.
Court opened with an Invocation by Pastor Jim Armstrong, Christ Fellowship of Denton, followed by the Pledges to the American and Texas Flag led by Kathleen Bransford, Deputy Clerk for the County Clerk.
Pastor Armstrong: Father, we thank You this morning for Your mercy and Your grace of this day, for the life You've given us. Lord, we thank You for this Court and for these people. Lord, I pray this morning for
Your blessing and Your grace upon them. That, Lord, You would give them wisdom to do the work they've got to do. You give them grace to put up with all of the stuff that goes on. And, that, Lord, even in the midst of all of this, You'd give them a little laughter. Lord, thank You for our nation. Thank You for a government the way it is. Thank You, Father, for the way meetings are conducted in the open. Lord, You have blessed us so much and I pray in the midst of all of the business today, we would remember to be thankful to You for your blessings to us and to our children. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
ITEM 2 CONSENT AGENDA
(Item 6.B pulled for further discussion and/or separate vote.)
PURCHASING
6.A) Approval of transfer of title for unit #FC96106 to Northwest Independent School District as per Interlocal Agreement for School Resource Deputy, and any appropriate action. (Briefing 01-13-04)
BUDGET
7.A) Approval of Budget Amendment Request #100390 for Office Rent for Bioterrorism Grant in the amount of $14,600, and any appropriate action. (Briefing 01-13-04)
HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments posted and advertised. Interviews 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.) Charles Bradshaw, Foreman/R & B Pct. 3 & 4; Michelle Haynes, Legal Intern/DA – Civil Domestic Violence Grant.
HEALTH
9.A) Approval of rental contract with RN Realty to lease office space for Public Health Preparedness (Bioterrorism Grant) team and any appropriate action. (Briefing 01-13-04)
COUNTY CLERK
A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for January 6, 2004, and any appropriate action.
LEGAL
14.B) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Lake Cities Library, and any appropriate action. (Briefing 01-13, 04)
14.C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Krum, and any appropriate action. (Briefing 01-13, 04)
14.D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Krum, and any appropriate action. (Briefing 01-13, 04)
14.E) Approval of the Interlocal Cooperation Agreement for Fire Protection between Denton County, Texas and the City of Aubrey, and any appropriate action. (Briefing 01-13, 04)
14.F) Approval of the Resolution authorizing participation in the Off System Bridge Replacement Program and the Local Project Advanced Funding Agreements (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the Off System Bridge Replacement of the following bridges, and any appropriate action. (Briefing 01-13-04)
1. Huling Road at Pond Creek, CSJ 0918-46-102;
2. Sam Bass Road at Clear Creek, CSJ 0918-46-169;
3. Pruett Road at Carson Creek, CSJ 0918-46-170;
4. John Paine Road at Roark Branch, CSJ 0918-46-171;
5. Indian Trail Road at Behnke Branch, CSJ 0918-46-172;
6. Reik Road at South Hickory Creek, CSJ 0918-46-173;
7. Friendship Road at Pecan Creek, CSJ 0918-46-175; and
8. Nicholson Road at Clear Creek, CSJ 0918-46-176.Move to approve Consent Agenda except for Item 6.B by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0030
ITEM 5 AUDITOR
5.A) Approval of Bill Report and accept Monthly Financial Report for December, 2003. (Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)
DELETION FROM JUV –
$ 493.00 to West Info Publishing Group – incorrect coding;ADDITION TO GENERAL –
JP # 6, $ 120.00 to Ron Marchant – Austin Travel Advance;
$ 130.80 to Austin Marriott – lodging;
DA, $ 75.00 to Cherokee County Sheriff for Service.Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0031
ITEM 7 BUDGET
7.B) Approval of Budget Amendment Request #100400 for Cars/Small Trucks for Sheriff’s Department in the amount of $21,393, and any appropriate action. (Briefing 01-13-04)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-00327.C) Approval of Budget Amendment Request #100440 for Contract Labor for Criminal District Attorney in the amount of $10,500, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0033
ITEM 10 PUBLIC WORKS
10.A) Approve any road and bridge differences between Ex-Officio Road Commissioners that need to be addressed by the Commissioners Court, and any appropriate action. Commissioner, Precinct #2
10.B) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
NO ACTION
ITEM 6 PURCHASING
6.C) Approval for the use of excess 1993 Pre-Trial Funds and 1999 CO’s to purchase Dell equipment for the Telephone equipment for the Telephone System Upgrade and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0034
ITEM 12 SHERIFF
12.A) Approval to apply for grant funding from CJD Division of the Governor’s Office in the sum of $35,511 to maintain the Sheriff’s Office Juvenile Impact Program, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0035
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION
13.B) Approve the appointment of Kenneth Banks to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0Court Order 04-0036
13.C) Approve the appointment of Darlene Munger to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-003713.D) Approve the reappointment of Kenneth L. Ingram to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-003813.E) Approve the reappointment of Peter B. Lane to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-003913.F) Approve any possible action on a disaster declaration for the prevention of wildland fires due to drought conditions in Denton County. Fire Marshal
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0040
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.G) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for implementation of Texas Local Government Code, Section 242.001, relative to the Town’s ETJ, and any appropriate action. DA/Civil Division (Formal 01-06;13-04)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-004114.H) Approval of a) the project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Prosper for Road Maintenance of Parvin Road, and any appropriate action.
Move to approve for an annual cost to the Town of Prosper of $6,000 – billed quarterly - with a directive to the Criminal District Attorney, Civil Division, to check annexation date and law enactment date by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-004214.I) Approval of a) the project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Corinth for the reconstruction of Shady Shores Road, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0043
ITEM 6 PURCHASING
6.B) Approval of award of bid for Shady Shores Drive Paving Improvement, Bid #11-03-1589, to Sutton & Associates, L.P. for $853,913.20, and any appropriate action. (Briefing 01-13-04)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0044
ITEM 16 ADDENDA
16.C) Approval of an Escrow Agreement between Denton County, Texas and Paloma Creek Development Corporation, a Texas corporation.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-004516.B) Approval of the FINAL Plat of Paloma Creek, Phase 2, Precinct #1.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0046
ITEM 17 RECESS 9:40 a.m.
ITEM 18 RECONVENE 10:10 a.m.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Presentation concerning the Conference of Urban Counties Common Integrated Justice System Project. Commissioner, Precinct #2 (Briefing 01-13-04)
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 10:40 a.m.
Reconvened in Formal Session 11:23 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); Luther Joe Lee, individually and as Trustee of the Dorothy LaVerne Lee Testamentary Trust, Frankie Jo Robbins, individually, as Trustee of the Jason Lee Robbins 1994 Irrevocable Trust, and as Trustee of the Jon Mark Robbins 1994 Irrevocable Trust, Jon Mark Robbins and Jason Lee Robbins v. Town of North Lake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-362, pending in the 362nd District Court of Denton County, Texas.
15.D) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, Cause No. 02-00-00358-CV, pending in the Supreme Court of Texas.
NO ACTION
15.E) Personnel matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee. Public Works Engineering Director.
16.A) EXECUTIVE SESSION: Personnel matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee. Public Works Planning Director.
DISCUSSION POSTPONED
15.F) Consideration and action as may be appropriate regarding any defendants with whom County does not settle in the case of 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.
Move to approve and authorize the Civil Division of the Criminal District Attorney’s Office to communicate with outside counsel for Denton County in Cause No. 2001-40783-362, Denton County, Texas v. Phillips Swager and Associates, Inc., et al and to authorize outside counsel to engage in settlement negotiations with the remaining Defendant in accordance with the instructions of the Commissioners Court by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0 (White absent for vote)
Court Order 04-0047
ITEM 19 ADJOURNMENT 11:25 a.m.
This set of minutes for January 20, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.