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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 10, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 10th day of February, 2004, at 9:00 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Bobbie J. Mitchell, 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 Mika Sumpter, Director of the TWU Baptist Student Center, followed by the Pledges to the American and Texas Flag led by Barbara Looper, Aide to Court.
Ms. Sumpter: God we want to thank You for this day that You have given to us. And we also want to thank you -- a special blessing to provide wisdom for our Denton County Officials in the decisions that they make, and all the representatives of this County encompasses, and what all is going on in all of our lives. Bless this time we have together and also bless all of the days in our future. In Jesus' name I pray. Amen.
ITEM 1 PUBLIC INPUT
Commissioners Court honored Harold Jackson and the proclamation read from the City of Denton declaring February 8, 2004, as Harold Jackson Day.
ITEM 2 CONSENT AGENDA
TREASURER
5.B) Approval of payroll.
PURCHASING
6.A) Approval of exemption from bidding for Sole Source purchase for software licensing from The Software Group according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 02-03-04)
6.B) Approval of specifications for Employee Service Award Event, RFP #01-04-1594, and any appropriate action. (Briefing 02-03-04)
6.C) Approval of cancellation of the contract to Mesa Contracting for the Swisher Road Water System Improvements, Bid #05-02-1492, and the release of their retainage balance of $880, and any appropriate action. (Briefing 02-03-04)
BUDGET
7.A) Approval of Budget Amendment Request #100490 for Operating Equipment for License and Weight in the amount of $1,050, and any appropriate action. (Briefing 02-03-04)
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.) Kemila Haley, Communications Officer/Communications; Jeff Handy, Driver – Equipment Operator/R & B, Pcts. 3 & 4; Jermaine Elliott, Driver – Equipment Operator/R & B, Pcts. 3 & 4; Billy Robertson, Driver – Equipment Operator/R & B, Pcts. 1 & 2.
8.C) Approve revisions to Personnel Policy #3.9A – Family and Medical Leave, and any appropriate action. (Briefing 02-03-04)
COUNTY CLERK
11.A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for January 27, 2004, and any appropriate action.
SHERIFF
12.A) Approve the transfer of monies totaling $5,714.00 (plus any accrued interest) currently held in a Denton County Treasurer’s Deferred Revenue Account resulting for auctioned an/or abandoned property forfeitures into the North Central Texas Narcotics Task Force Generated Program Income account, and any appropriate action. (Briefing 02-03-04)
OTHER DEPARTMENTS
13.B) Approval of accept Recycled Asphalt Pavement from the Texas Department of Transportation, and any appropriate action. Road & Bridge West (Briefing 02-03-04)
13.C) Approve Courthouse-on-the-Square Restoration Project Potential Change Order #12 corridor floor demo and signage allowance deduction of $15,262.64, and any appropriate action. Facilities Management (Briefing 02-03-04)
LEGAL
14.C) Approval of the Agreement between Denton County and Engineer, URS Corporation, Inc. for Plans, Specifications and Estimates (PS & E) in the amount of $333,005.00, on the FM 2499 Section 2 Project, and any appropriate action. (Briefing 02-03-04)
14.D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Town of Little Elm; and (2) the City of Sanger, and any appropriate action. (Briefing 02-03-04)
14.E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Town of Little Elm, and any appropriate action. (Briefing 02-03-04)
Move to approve by Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0076
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Presentation and approval of the purchase and placement of signs (Turn Around, Don’t Drown) to identify low water crossings on County-maintained roads, and any appropriate action. Public Works/Planning Division (Briefing 02-03-04)
POSTPONED TO NEXT MEETING
ITEM 5 AUDITOR
5.A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)DELETION FROM JUV –
$ 19.00 to Time for Kids, incorrect amount.Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0077
ITEM 7 BUDGET
7.B) Approval of Budget Amendment Request #100550 for Pager Expense for Constable, Precinct #5 in the amount of $135, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-00787.C) Approval of Budget Amendment Request #100590 for County Official Bonds for District Clerk in the amount of $2,237, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0079
ITEM 8 HUMAN RESOURCES
8.B) Approve the creation of a new Heavy Equipment Operator Position in the Road & Bridge West Department, and any appropriate action. (Briefing 02-03-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (White nay)
Court Order 04-0080
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 Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
NO ACTION
ITEM 12 SHERIFF
12.B) Approval of revised resolution for Juvenile Impact Program for Grant #JB-13373-05 as requested by the Criminal Justice Division (CJD) for the Governor’s Office, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0081
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION
13.D) Approve the appointment of Doug Mitchell to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0082
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.B) Approval of Addendum #3 to the Inmate Pay Telephone Agreement with Evercom Systems, Inc., and any appropriate action. (Briefing 02-03-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-008314.F) Approval of the Permanent Right-of-Way Easement between James and Cynthia Andrew and Denton County, Texas, for Chinn Chapel Road Project, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-008414.G) Approval of the Permanent Right-of-Way Easement between Travis and Carolyn Roc and Denton County, Texas, for Chinn Chapel Road Project, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-008514.H) Approval of Amendment #4 to Contract #720056 between Denton County, Texas, and the Office of Rural Community Affairs, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-008614.I) Approve the Capital Lease Agreement with Bank One Leasing Corporation for $98,310 of Financing of the Human Resources Software System, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0087
ITEM 16 ADDENDA
16.A) Approval of the Interlocal Cooperation Agreement between Denton Central Appraisal District and Denton County for Issuance of Manufactured Home Relocation Statements, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0088
ITEM 17 RECESS 9:43 a.m.
ITEM 18 RECONVENE 9:55 a.m.
ITEM 6 PURCHASING
6.D) Approval of specifications and authority to advertise for Eakin Cemetery Road Bridge Replacement, Bid #03-03-1549, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0089
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 10:00 a.m.
Court Reconvened in Formal Session 10:20 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 43rd District Court.
NO ACTION
15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); FW Sports Authority, Inc., a Texas Industrial Development Corporation vs. RKJR Properties, Ltd., Robert H. Mitchell and R.K. Tipps Mitchell, as Trustees of the Jean Evelyn Mitchell “C” Trust; Denton County, Texas, and Northwest I.S.D.
Move to approve recommendation of Criminal District Attorney, Civil Division, to refer this matter to a Tax Collection Counselor by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0090
ITEM 19 ADJOURNMENT 10:21 a.m.
This set of minutes for February 10, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.