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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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February 3, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 3rd day of February, 2004, at 9:05 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Bobbie J. Mitchell and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.
Court opened with an Invocation by Jim Heath, Liaison to Denton County Historical Commission, followed by the Pledges to the American and Texas Flag led by Mayor Olive Stephens, Shady Shores.
Mr. Heath: Our Heavenly Father, thank You for this day. Thank You for this Court. We would please ask You be with our servicemen all over the world wherever they are in harm's way. Be with this Court as it deliberates today. Be with our president as he deliberates. May everything we do be in Your name. In Thy name, we pray. Amen.
ITEM 1 PUBLIC INPUT
Eddie Baggs, Agricultural County Extension Administrator, introduced Lexie McGrane as Denton County’s new FCS Agent with some 4-H responsibility.
Dr. Bing Burton, Director of the Health Department, introduced Anita Coyle, RN/Adjunct Facility at UTA, and she will be working on the FQHC Incubator Grant.
Dennis Cox enlightened the court as to the development of a web-based Hot Check Program being developed by Denton County and to encompass several surrounding counties.
ITEM 2 CONSENT AGENDA
(Item 7.B pulled from agenda for posting at a later date)
PURCHASING
6.A) Approval of specifications and authority to advertise for Denton County Roofing Project – Roof Repairs, Bid #12-03-1591, and any appropriate action. (Briefing 01-27-03)
BUDGET
7.A) Approval of Budget Amendment Request #100460 for Hardware Maintenance and Computers including the transfer of funds from District Clerk Records Management Fund-Unappropriated Contingency for District Clerk Records Management Fund and Justice Information Systems for a total amendment of $13,851, and any appropriate action. (Briefing 01-27-04)
7.C) Approval of Budget Amendment Request #100480 for Computer Software for County-Wide
Technology in the amount of $390, and any appropriate action. (Briefing 01-27-04)
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.) Bill Newman, Assistant Director of Facilities/County Operations; Eric Brumley, Heavy Equipment Operator/R & B Pcts. 3 & 4; Laura Pricer, Assist. Breastfeeding Coordinator/WIC-Admin.; David Mollen, Deputy Clerk/Records Management; Eldon Johnson, Driver-Equipment Operator/R & B Pcts. 1 & 2; Harley Chisenhall, Driver-Equipment Operator/R & B Pcts. 1 & 2; Charles Craft, Detention Officer II/County Jail; Michael Sibley, Detention Officer I/County Jail; Tracy Jenkins, Communications Officer/Comm.; Michelle Dawn Haiduk, Deputy Community Policing/Sheriff.
8.B) Approve the Equal Employment Opportunity Plan for 2004, and any appropriate action. (Briefing 01-27-04)
PUBLIC WORKS
10.C) Approve the FINAL Plat of Peek Addition, Precinct #4, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approve the application for the USDA School Commodity Program (school year 2004-2005), and any appropriate action. (Briefing 01-27-04)
13.C) Approval of Building Usage Request from the Denton County Council of Republican Organizations for the use of the Commissioners Court Meeting Room at the Pre-Trial Facility on Thursday, February 12, 2004 from 7:00 pm to 9:00 pm for the purpose of a Candidate Forum, and any appropriate action. Aide-to-the-Court
13.D) Approval of the Allocation of $300, 000.00 of Better, Safer Road Program, Precinct 4 discretionary funds for the extension of Cleveland Gibbs Road south of SH 114 to Litsey Road, and any appropriate action. Commissioner Precinct #4
LEGAL
14.B) Approve Interlocal Cooperation Agreement between Denton County & the Town of Clark to provide Communications Services for one (1) police officer for the Town of Clark, and any appropriate action. (Briefing 01-27-04)
14.C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the Town of Flower Mound; (2) the City of Lewisville; (3) the City of Plano; and (4) the Town of Trophy Club, and any appropriate action. (Briefing 01-27-04)
14.D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Town of Flower Mound; (2) the City of Lewisville; and (3) the Town of Trophy Club, and any appropriate action. (Briefing 01-27-04)
Move to approve Consent Agenda with the exception of Item 7.B by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0054
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 presented for recording purposes only.)ADDITIONS TO GENERAL –
Telephone $ 142.97 to Verizon, DSL Charge;
District Clk $ 12,736.74 to Woolverton Agency – Errors & Omissions Insurance;
D.A. $ 45.00 to Jefferson Parish Sheriff Office for Citation Fee.Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-00555.B) Approve the Denton County Quarterly Investment Report for the Period Ending December 31, 2003, and any appropriate action. (Briefing 01-27-04)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0056
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 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
DISCUSSION – NO ACTION
13.E) Approve the appointment of Phil Ryan as representative of the Denton County Sheriff’s Department to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-005713.F) Approve the appointment of Lt. Jerrol Sanders as representative of the Denton County Constable, Precinct 2 to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-005813.G) Approve the appointment of John T. Bryant to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0059
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.E) Approval of Amendment #2, to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc., to provide additional services on the Eakin Cemetery Road bridge over tributary to Denton Creek Project and additional funding in the amount of $4,328.00, as Huitt-Zollars, Inc., was designated as most qualified by Commissioners Court on October 2, 2001, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-006014.F) Approval of Amendment #2, to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc., to provide additional services on the Hilltop Road bridge over Fincher
Branch Creek (tributary to Hickory Creek) Project and additional funding in the amount of $4,328.00, as Huitt-Zollars, Inc., was designated as most qualified by Commissioners Court on October 2, 2001, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-006114.G) Approval of Amendment #2, to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc., to provide additional services on the Trietsch Road bridge over Moores Branch Creek Project and additional funding in the amount of $4,328.00, as Huitt-Zollars, Inc., was designated as most qualified by Commissioners Court on October 2, 2001, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-006214.H) Approval of Amendment #2, to the Contract for Engineering Services between Denton County, Texas, and Bridgefarmer &n Associates, Inc., for additional services and funding in the amount of $195,460.00 for a total contract amount of $5,647,851.00, for SH 121 Project, as Bridgefarmer and Associates Inc. was previously declared most qualified by the Court on August 8, 2000 for the SH 121 project, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-006314.I) Approval of Amendment #2, to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc., for year 3 of the 5 year Bridge Management Program Plan; Huitt-Zollars, Inc., was designated as most qualified by Commissioners Court on October 2, 2001, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0064
ITEM 16 ADDENDA
16.A) Approval of setting a date and time to conduct a Public Hearing to consider the change of the name of “Fishtrap Road to “Shenandoah Drive”, said public hearing to be held on February 24, 2004, at 9:00 am in Commissioners Court and to order proper notice be given two weeks before the public hearing, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Mitchell. Motion Carried 4-0-0
Court Order 04-0065
ITEM 17 RECESS 9:38 a.m.
ITEM 18 RECONVENE 9:56 a.m.
ITEM 16 ADDENDA
16.C) Approval of the Contract between Denton County, Texas, and Huitt-Zollars, Inc., for Plans, Specifications, and Estimates for Bonnie Brae Bridge Replacement Plan in the amount of $42,686.00, was previously declared most qualified by the Court on October 2, 2001. DA/Civil Division.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-006616.D) Approval and ratification of the Request for Waiver of Local Match Fund Participation Requirement on Federal Off-System Bridge Program Project between Denton County, Texas, and Texas Department of Transportation for CSJ 0918-46-054 for Waide Road, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-006716.E) Approval of the Resolutions 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 Waide Road at Clear Creek, CSJ 0918-046-054, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-006816.F) Approval of the Contract between Denton County, Texas, and Huitt-Zollars, Inc., for culvert design for project for the Bonnie Brae Bridge Replacement, in the amount of $17,181.00, Huitt Zollar, Inc., was previously declared most qualified by the Court on October 2, 2001and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0069
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.
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 43rd District Court.
15.E) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Aubrey Road and Bridge Facility Investigation.
16.G) EXECUTIVE SESSION – Consultation with Attorney: Deliberation about Real Property Government Code, Section 551.072 (1) (A); Various Real Estate Road Projects, including Chinn Chapel, Eakin Cemetery, Burnett Road, and Bonnie Brae. DA/Civil Division
16.I) EXECUTIVE SESSION - Consultation with Attorney: Texas Government Code, Section 551.071 (2); City of Denton ETJ ICA. DA/Civil Division
NO ACTION
15.F) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc.
Move to authorize the Criminal District Attorney’s Office, Civil Division, to file suit against General Motors & Triangle Chevrolet, Inc. by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-007015.G) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Robert Osburn, P.C. and Blassingame & Osburn, P.C., vs. Denton County District Clerk, pending in the 2nd Court of Appeals of Fort Worth, Texas, Cause No. 02-02-00340-CV.
Move to authorize the Criminal District Attorney’s Office, Civil Division, to file a Writ of Error to the Supreme Court of Texas by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-007116.B) EXECUTIVE SESSION – Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); James R. Henson and Anne E. Henson, Plaintiff vs. Terry Henrie and Cynthia Henrie, and Denton County, Texas, Defendants, Cause #2003-40114-362, pending in the 362nd Judicial District Court of Denton County, Texas. DA/Civil Division
Move to assign this matter to the Criminal District Attorney’s Office, Civil Division, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-007216.H) EXECUTIVE SESSION – 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. DA/Civil Division
Move to assign this case to the Criminal District Attorney’s Office, Civil Division, by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-007316.J) Approval of a Permanent Right-of-Way Easement, a Permanent Drainage Easement, and a
Temporary Construction Easement between Deirde A. Samples and Denton County, Texas, for the Eakin Cemetery Road Bridge Replacement Project, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-007416.K) Approval of a Permanent Right-of-Way Easement, a Permanent Drainage Easement, and a Temporary Construction Easement between Charles D. and Rebecca C. McKamie and Denton County, Texas, for the Eakin Cemetery Road Bridge Replacement Project, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0075
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
DISCUSSION
ITEM 19 ADJOURNMENT 11:17 a.m.
This set of minutes for February 3, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.