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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 23, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 23rd 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 Sandy Jacobs, Jim Carter, 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 Jack Dyer, Engineering Director/Public Works, followed by the Pledges to the American and Texas Flag led by Beth Fleming, Director of Purchasing.
Mr. Dyer: Dear Heavenly Father, we thank You for this day. It’s such a pretty day that we are able to come here and conduct the business of our County. And carry out the leadership for this area. Father, we give You thanks for the freedom that we take for granted sometimes, that we are able to worship in this country in freedom and without fear of being molested or hurt. And, Father, we pray a special prayer for all of the families and all of the Christians in other nations who do not have that freedom. And we ask, Father, that You bless them and that You look out for them and You care for them. Father, we pray for the missionaries and the people who are serving and are doing things that we never even know anything about for Your name. Father, we ask a special prayer of guidance to our Commissioners that their will and their and their decisions will be guided by Your will, and that Father, sometimes we don’t know the best things to do and that You would help us to see these things clearly as we possibly can. Father, we ask that we as a nation continue to turn to You as our God and as our sole source of all of the strength that we have as a nation. Father, we ask these things in Your most holy name. In Jesus’ name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4.A) Approve the change of the name of “Fishtrap Road to Shenandoah Drive”, and any appropriate action. DA/Civil
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0The following citizens spoke or contributed their input: Ben Adkisson, Brent Ballard, Wilma Haggard, Richard Rogstad and Nancy G. Watson.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to deny the change of name by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0158
ITEM 1 PUBLIC INPUT
Beth Fleming, Director of Purchasing, announced the Employee Forum to be held Wednesday, March 24, 2004.
ITEM 2 CONSENT AGENDA
TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of renewal of contract for Janitorial Supplies, Bid #03-03-1544, to Eagle Brush and Chemical, Inc., for Section I, Five Star Supply for Section II and Dart Janitorial and Paper for Section IV, and any appropriate action. (Briefing 3-16-04)
6.B) Approval of specifications and authority to advertise for Surface Treatment Aggregate, Bid #01-04-1595, and any appropriate action. (Briefing 3-16-04)
6.C) Approval of selecting Carter and Burgess as the most qualified firm for additional Engineering Services for FM 423, authority to negotiate a contract, and any appropriate action. (Briefing 3-16-04)
6.D) Approval of award of bid for Denton County Roofing Project – Roof Repairs, Bid #12-03-1591, to Granite Roofing Corporation for the sum of $100,000.00, and any appropriate action. (Briefing 3-16-04)
BUDGET
7.B) Approval of a Budget Amendment Request #100740 for Road Maintenance Equipment for Road & Bridge, Precinct’s #3 and #4 in the amount of $24,425, and any appropriate action. (Briefing 3-16-04)
7.C) Approval of Budget Amendment Request #100750 for Contract Labor for Sheriff’s Department in the amount of $5,000, and any appropriate action. (Briefing 3-16-04)
7.D) Approval of Budget Amendment Request #100760 to increase revenues and allocate expenditures for various line items for Bioterrorism Grant in the amount of $13,950, and any appropriate action. (Briefing 3-16-04)
7.E) Approval of Budget Amendment Request #100770 for Interpreters including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Justice of the Peace, Precinct #2 in the amount of $2,971, and any appropriate action. (Briefing 3-16-04)
7.F) Approval of Budget Amendment Request #100780 for Computer Software including the transfer of $6,900 from D. A. Hot Check-Unappropriated Contingency funds for Criminal District Attorney-Hot Check Department for a total amendment of $10,000, and any appropriate action.
7.G) Approval of Budget Amendment Request #100810 for Contract Labor for County-Wide Technology in the amount of $15,000, 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.) Brant Livingston, Sergeant/Constable Pct. 6; Andrea Escamilla, Financial Support Specialist II/District Clerk; Joy Kimball, Senior Clerk – Recording/County Clerk.
OTHER DEPARTMENTS
13.B) Approval of request from Denton County Texas Cooperative Extension to use the Denton County Firefighters Memorial Park to conduct a public event, The Denton County Fruit, Vegetable, Herb and Flower Show on June 19, 2004 from 7 am to 3pm, and any appropriate action. Aide to the Court (Briefing 3-16-04)
13.C) Approval of the Farmer’s Market Association and Denton County Texas Cooperative Extension to use the corner parking lot at Carroll Blvd. and Sycamore Street for marketing produce grown by Denton County Farmers from April through November from 7am to 6 pm, and any appropriate action. Aide to the Court (Briefing 3-16-04)
13.D) Approval of acceptance of the proposal for the year 2004-2005 Greater Denton Arts Council Grant for $1,300 for December Holiday Musicales and Handpainted Porcelain seminar at the Bayless-Selby House Museum, and any appropriate action. CHOS/BSH Museum (Briefing 3-16-04)
13.E) Approval of acceptance of the proposal for the year 2004-2005 Greater Denton arts Guild Grant for $2,034 for Courthouse Museum “Fiesta-Off-the-Square”, and any appropriate action. CHOS/BSH Museum (Briefing 3-16-04)
LEGAL
14.D) Approval of acceptance of the gift of 1.43 acres of Reveille Bluegrass sod from Gardner Turfgrass, Inc. to Denton County, Texas, for the purpose of resodding the lawn of the Denton County Courthouse on the Square (CHOS), including delivery to the site, and any appropriate action. (Briefing 3-16-04)
14.E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Roanoke, and any appropriate action. (Briefing 3-16-04)
14.F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Roanoke, and any appropriate action. (Briefing 3-16-04)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-1 (White abstained)
Court Order 04-0159
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 -
GENERAL –
Info Servs, $ 192.00 to New Horizon, registration fee for Tina Golden;
Misc. $ 121.02 to Verizon Wireless Messaging for services to Constable #5, FM;
JUV - $ 23.00 to Verizon Wireless Messaging, lost pager - Juvenile Post Adj.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0160
ITEM 6 PURCHASING
6.E) Approval of renewal of contract for Elevator Maintenance, Bid #04-03-1553, to United Elevator Service, Inc., and any appropriate action. (Briefing 3-16-04)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-01616.F) Approval of specifications and authority to advertise for Chinn Chapel Road Drainage Improvements, Bid #03-04-1604, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0162
ITEM 7 BUDGET
7.A) Approval of Intra-Departmental Operating Transfers and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0163
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 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 ACTION
13.F) Approve the appointment of Guy Wade Willis to the Denton County Drilling/Land Development Committee. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0164
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.B) Approval of the Chapter 381 Tax Incentive Agreement between Denton County, Texas, and Flowers Baking Company of Denton, a Texas limited liability company, and any appropriate action. (Briefing 3-16-04)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-016514.C) Approve resolutions authorizing the sale, in accordance with Property Tax Code 34.05, of foreclosed delinquent tax properties held in trust by Denton County for itself and other taxing units, and any appropriate action. (Briefing 3-16-04)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-016614.G) Approval of Lease Agreement between Denton County, Texas and Masoud Sadeghian d/b/a Masoud Property for office space for Justice of the Peace, Precinct 4, and any appropriate action. (Briefing 3-16-04)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-016714.H) Approval of Professional Services Contract between Denton County, Texas and Rene’ Bates Auctioneers, Inc. for Online Auctioneering Services, and any appropriate action. (Briefing 3-16-04)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-016814.I) Approval of a) the Project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and Cooke County, Texas, for road maintenance, and any appropriate action. (Briefing 3-9-04; Formal 3-16-04)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0169
ITEM 16 ADDENDA
16.A) Approval of Supplement Agreement #4 to the Contract between Denton County, Texas and Halff Associates, Inc., for additional funding in the amount of $165,990.00, for a total contract amount of $362,920 for Environmental work on the FM 2499 Section 4 project, and any appropriate action. DA/Civil Division.
ACTION POSTONED UNITL NEXT MEETING
16.B) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas and Lopez Garcia Group for additional funding in the amount of $5,500.00, for a total contract amount of $196,124.00 for the Rosemeade Parkway project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-017016.C) Approval of a) the Resolutions authorizing participation and b) Amendment #1 to 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 Construction and Maintenance Advanced Funding Agreement for Bridge Replacement or Rehabilitation on Litsey Road at Henrietta Creek, Auditor’s Account #7455, and Precinct 4 Misc., CSJ #0918-46-099, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-017116.D) Approval of a) the Resolutions authorizing participation and b) 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 Rosemeade Parkway Better, Safer Road Program (“BSRP”) and Surface Transportation Program – Metropolitan Mobility/Rehabilitation Project in Denton County, Texas, Auditor’s Account #355, CSJ #0918-46-144, and any appropriate action. DA/Civil Division
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-017216.E) Approval of the Contract between Denton County, Texas, and Griffin & Jones, Thacker & Weatherly, P.C., for the Consulting Services for ROW Acquisition on the FM 1171 Project, RFP #08-03- 1580, and any appropriate action. DA/Civil Division
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0173
ITEM 17 RECESS 9:52 a.m.
ITEM 18 RECONVENE 9:56 a.m.
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
Court Reconvened in Formal Session 10:25 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 ACTION
16.F) EXECUTIVE SESSION – Consultation with Attorney: Contemplated Litigation, Texas Government Code Section 551.071 (1)(A); Commencement of Condemnation proceedings regarding the property owned by Karen Naomi Speed for the Boyd Road Project. DA/Civil Division
Move to approve 1) commencement of condemnation proceedings regarding the property owned by Karen Naomi Speed for the Boyd Road Project and 2)authority for the Denton County Criminal District Attorney’s Office, Civil Division, hiring of outside counsel to handle the condemnation of proceedings to acquire the necessary right-of-way for the Boyd Road improvement project by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0174
ITEM 10 PUBLIC WORKS
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
Presentation by Amanda Gross and Bruce Dotterer, Road & Bridge Precincts 3 & 4.
NO ACTION
ITEM 19 ADJOURNMENT 11:30 a.m.
This set of minutes for March 23, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.