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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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March 2, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 2nd day of March, 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 Pastor Todd Pierce. Director of Baptist Student Ministries at UNT, followed by the Pledges to the American and Texas Flag led by Amy Phillips, Director of Human Resources.
Pastor Todd Pierce: Father, we rejoice in the day that You've given to us as a day You've given as a gift. May we use it wisely. We thank You, Father, for the freedom that we have today as represented by what occurs here. We pray that what happens here today would be seeking after the best and not just the good. And, Lord, now as we enter into this time of work, may we recognize that we are in your presence. And all we do is representative of what we believe and what we say we believe. May there be a sense of unity in seeking after that which is best for this community. Lord, thank You. Thank You that our joy is in you and not in our circumstance. And it's in Your name that we pray. Amen.
ITEM 1 PUBLIC INPUT
Chris Kugler, Sanger, Texas, presented a complaint to the court regarding property near his home being used as a dump site.
Willie Hudspeth, Denton, Texas, encouraged the court to allow the issue of bringing water to the Confederate Statute on the Square be on the ballot for a vote by the community.
ITEM 2 CONSENT AGENDA
(Item 11.B pulled for separate vote.)
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 2-24-04)
BUDGET
7.A) Approval of Budget Amendment Request #100630 to increase revenues and allocate expenditures for CHOS Museum in the amount of $600, and any appropriate action. (Briefing 2-24-04)
7.B) Approval of Budget Amendment Request #100640 for Janitorial Services for Joseph A. Carroll Building, Charlie Cole Facility and Juvenile Probation for a total amendment of $9,099, and any appropriate action. (Briefing 2-24-04)
7.C) Approval of Budget Amendment Request #100670 for Repairs and Maintenance for Courthouse Annex and Carroll Building-County Administration in the amount of $456, and any appropriate action.
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.) Sherry Shipman, Misdemeanor Prosecutor I/Criminal District Attorney; Dan Hoffman, Family Law Attorney II/Civil Child Abuse Prosecution Grant; Kammy Timmons, Felony Prosecutor II B-FV/C.D.A.; Justin Jones, Misdemeanor Prosecutor II/C.D.A.; Beth Hayes, Misdemeanor Prosecutor II-FV/Family Violence Expansion Grant; Kevin Huffman, Lieutenant-Transport/County Jail.
HEALTH
9.A) Approval of TDH revision to Public Health Preparedness (Bioterrorism Grant) contract, and any appropriate action. (Briefing 2-24-04)
COUNTY CLERK
11.A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for January 5, 2004, and any appropriate action.
SHERIFF
12.A) Accept a gift of the construction and installation of a boat console for one of our lake patrol boats from American Trim & Glass, and any appropriate action. (Briefing 2-24-04)
LEGAL
14.C) Approval and Permission to Enter Property Easement between Huitt Zollars, Inc., and Denton County, Texas, for the FM 2181 from Lillian Miller to IH 35E Widening Project, and any appropriate action. (Briefing 2-24-04)
Move to approve Consent Agenda except for Item 11.B by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0114
ITEM 11 COUNTY CLERK
11.B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for January 20, 2004, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 3-0-1
Court Order 04-0115
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of a proclamation naming the month of March, 2004, as “Red Cross Month” in Denton County, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-01163.B) Approval of a proclamation proclaiming February 29 – March 8, 2004 as Severe Weather Awareness Week in Denton County, and any appropriate action. Emergency Management
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0117
ITEM 5 AUDITOR
5.A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS –
GENERAL –
$ 395.00 to National Seminars Group, per department;
$ 25.00 to City of Pilot Point Main Street, per department;BIOTERRORISM –
$ 1,400.00 to RN Realty, per department.ADDITIONS –
GENERAL –
$20,000.00 to U.S. Postmaster, postage for mail room;
DA-$ 36.25 to Colorado State Archives for certified copies;TNCP –
$ 84.43 to AT&T for long distance services;
$ 639.84 to Progressive Concepts for services’S.O. FORFEITURE –
$ 1,800.00 to NEC America, Training for New Phone System.Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0118
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 9:30 a.m.
Court Reconvened in Formal Session 9:55 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 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 ACTION15.D) 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.
Move to approve recommendations of outside counsel authorizing them to proceed with
settlement negotiations and for future representation to have a contingent fee contract by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0119
16.D) EXECUTIVE SESSION – Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim by Glenda Gravely. DA/Civil Division
Move to assign this litigation to the Criminal District Attorney, Civil Division, by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-012016.F) EXECUTIVE SESSION – Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Additional title work with North American Title Company regarding the Bonnie Brae Right of Way Acquisition. DA/Civil Division
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13.C) Approval of Verification of Petitions for Local Option Election –City of Corinth, and any appropriate action. Discuta la verificacion de la peticion para la eleccion local de la opcion – ciudad de Coringy y de cualquier accion appropiada. Elections
The Order: To Call Local Option Election – City of Corinth for “the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Holders Only” on May 15, 2004, at Corinth City Hall, 3300 Corinth Pkwy, Corinth, Texas, Denton County. To designate the Elections Office, 401 West Hickory, Denton, Texas, as the main early voting site, that early voting will begin April 28, 2004, that early voting
will be conducted from April 28, 2004, thru May 11, 2004. To designate the Corinth City Hall as a branch location with voting hours the same as the Corinth City Hall as a branch location with voting hours the same as the Corinth City Hall working hours. The address of the early voting clerk is Don Alexander, P.O.Box 1720, Denton, Texas, 76202.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0121
ITEM 14 LEGAL
14.G) Approval of the Contract for Architectural Services between Denton County, Texas (“Owner”) and Pierce Goodwin Alexander Linville, Inc. (PGAL) (“Architect”), and any appropriate action.
Move to approve for the Food Lion Building Restoration by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0122
ITEM 5 AUDITOR
5.B) Approve the Amount and Project List for the 2004 Tax Note Issue, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0123
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
10.C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of a Blue Ribbon Task Force to review opportunities and make recommendations for improved efficiencies in all departments of Denton County Government. Commissioner, Precinct #4
NO ACTION13.B) Approve the appointment of Vanessa Sims to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0124
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.B) Approval of the Bond for the Denton County Elections Administrator, and any appropriate action. (Briefing 2-24-04)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0125
14.D) Approval of the Quitclaim Deed between Denton County, Texas, and G & S Landscaping Inc., for 0.130 acre of land, situated in the J. Morton Survey, Abstract Number 793, and the J. Kennedy Survey Abstract Number 1688, Denton County, Texas, and any appropriate action. (Formal 2-24-04)
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-012614.E) Approval of the Quitclaim Deed between Denton County, Texas, and OJN Inc., for 0.115 acre of land, situated in the W. Lumpkin Survey, Abstract Number 730, Denton County, Texas, and any appropriate action. DA/Civil Division (Formal 2-24-04)
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-012714.F) Authorization of County Judge to sign the Statement of Grant Award from the Texas Task Force on Indigent Defense, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0128
ITEM 16 ADDENDA
16.A) Approval of Revised Budget Amendment Policy and any appropriate action. Budget Office
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0129
16.B) Approve Ratification of Intra-Departmental Operating Transfers made during FY 2003-2004 and any appropriate action. Budget Office
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-013016.C) Approval of renewal of the Standard Form of Agreement for Janitorial Services between Denton County and Member’s Building Corporation, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-013116.E) Approval of action regarding additional title work with North American Title Company regarding the Bonnie Brae Right of Way Acquisition. DA/Civil Division
NO ACTION
ITEM 17 RECESS 10:42 a.m.
ITEM 18 RECONVENE 10:45 a.m.
ITEM 19 ADJOURNMENT
This set of minutes for March 2, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.