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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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May 11, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 11th day of May, 2004, at 9:03 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, Senior Administrator to Commissioners Court, Kathleen Bransford.
Court opened with an Invocation by LeDena Ferrell, Chief Administrator for Comm. Carter, Pct. 4, followed by the Pledges to the American and Texas Flag led by Lockadee Newland, Chief Administrator for Comm. White, Pct. 1.
Ms. Ferrell: Heavenly Father, we give You thanks today for the Savior You've given us to enjoy. We ask for wisdom for our Commissioners Court in every decision that they make today. Let everything that we say be done in love and with honor. And ask this in Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth reminded the court of what Ms. Mildred Hawk had said about fixing the fountain on the Confederate Soldier on the Square that it is a maintenance problem – fix it. Also, he reminded the court he is continuing with his petition to be presented later.
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of Appointment of Election Judges for the May 15, 4004 Corinth Local Option Election and the Denton County Bond Election, and any appropriate action. Elections Department (Formal 5-4-04)
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0264
ITEM 17 RECESS 9:11 a.m.
ITEM 18 RECONVENE 9:16 a.m.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Presentation by the Denton Independent School District to recognize Denton County employees who volunteer as mentors to students. Economic Development
ITEM 2 CONSENT AGENDA
(Item 8.A & 14.E pulled for further consideration and/or separate vote.)
TREASURER
5.B ) Approval of resolution amending authorized representatives with Texpool, and any appropriate action. (Briefing 5-4-04)
PURCHASING
6. A) Approval of award for Moving Services – Election Supplies, Bid #03-04-1601, to Duryea Moving and Storage, Inc., and any appropriate action. (Briefing 5-4-04)
6. B) Approval of exemption from bidding for Sole Source purchase of an Attorney Case Record Search Website design 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 5-4-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101010 for Office Machines for Juvenile Probation in the amount of $1,750, and any appropriate action. (Briefing 5-4-04)
7. C) Approval of Budget Amendment Request #101020 for Residential Services and Riding Program for Community Corrections in the amount of $36,777 including the creation of a new line item for Grant Purposes, and any appropriate action. (Briefing 5-4-04)
7. D) Approval of Budget Amendment Request #101040 for Hardware Maintenance of Justice Information System in the amount of $9,000 including the transfer of funds from District Clerk-Records Management Unappropriated Contingency, and any appropriate action. (Briefing 5-4-04)
7. E) Approval of Budget Amendment Request #101070 for Miscellaneous Court Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Guardianship Contingency for the Probate Court in the amount of $70,250, and any appropriate action. (Briefing 5-4-04)
7. F) Approval of Budget Amendment Request #101080 for Road & Bridge, Precinct #1 in the amount of $200,000, and any appropriate action.
7. H) Approval of Budget Amendment Request #1010100 for Various Line Items including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Print/Mail Facility and County-Wide Technology in the amount of $23,493, and any appropriate action.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for April 20, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. C) Approval of Dell computer lease from state contract through Texas Department of Information Resources, and any appropriate action. Information Services (Briefing 5-4-04)
LEGAL
14. B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication
Facility between Denton County and Cooke County, and any appropriate action. (Briefing 5-4-04)
14. C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication between Denton County and Cooke County, and any appropriate action. (Briefing 5-4-04)
14. D) Approval of a) the Consent to Easement Structures NO. DACW63-04-0596, b) the Easement for Public Road located in Lewisville Lake to No. DACW63-04-0595, between Denton County, Texas, and the Department of the Army Corps of Engineers Fort Worth District and c) the approval and processing of payment of $345.00 easement fee, and any appropriate action. (Briefing 5-4-04)
14. E) Approval of Amendment #1 to a) the Resolution authorizing participation in the development and construction of the SH 121 Bypass 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 State Highway 121 Bypass Project, and any appropriate action. (Briefing 5-4-04)
Move to approve Consent Agenda with the exception of Items 8.A & 14.E by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0265
ITEM 14 LEGAL
14. E) Approval of Amendment #1 to a) the Resolution authorizing participation in the development and construction of the SH 121 Bypass 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 State Highway 121 Bypass Project, and any appropriate action. (Briefing 5-4-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0266
ITEM 8 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.) David Jahn, Misdemeanor Prosecutor II/Criminal District Attorney; Michael Clark, Jail Case Coordinator/County Jail; Shara Hilliard, Detention Officer II/County Jail; Joseph Houle, Detention Officer II/County Jail; Roland Asebedo, Emergency Management Intern/Emergency Management; Mark Pearce, Assistant Supervisor/Tax Assessor; Michael Jacobs, Deputy Constable/Constable, Pct. 5; Amanda Gross, Chief Administrator/Commissioner, Pct. 1.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0267
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.)DELETIONS –
GENERAL –
$ 85.00 to Sec. of State/Elections, per department;
$ 84.00 to Cheryl Scoma, duplicate payment;
IC $ 674.18 to Pretrorius, Mark (MD), per department;
$ 27.78 to Kagal, Dinesh (MD), per department;ADDITIONS –
GENERAL –
Sanger Annex $ 734.75 to City of Sanger, services;
DA $ 25.00 to State Bar of Texas for application fee;
CCL#2 $ 285.00 to Clerk of the Supreme Court, dues for Judge Barnes
’00 Road Bonds $116,363.09 to Halff Associates, professional services – SH 121Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0268
ITEM 6 PURCHASING
6. C) Approval of selecting Alexander Utility Engineering, Inc. as the most qualified firm to conduct a feasibility study for a fiber optic network and authority to negotiate a contract, and any appropriate action. (Briefing 5-4-04)
Move to approve by Comm. Jacobs, seconded by Comm. White,
Motion Carried 5-0-0
Court Order 04-0269
ITEM 7 BUDGET
7. G) Approval of Budget Amendment Request #101090 for Remodeling Expense for Historical Park Facilities in the amount of $3,243, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0270
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
10. D) Approve the renewal of the addressing service agreement contract with the DENCO Area 911 District, for a renegotiated fee and to include digital orthophotography, for FY2005, and any appropriate action. (Briefing 5-4-04)
Move to approve with confirmation from the District Attorney, Civil Division, that this agreement presents no licensing infringements upon COG with DENCO’ s use of the aerial photography by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0271
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any Transportation Road Improvement Program – 2004 (TRIP-04) bond election. County Judge.
13. E) Approval of Courthouse-on-the-Square Audio/Video System (RFP #02-03-1539) change order #1, addition of $7,023.79, any appropriate action. Information Services
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-027213.B) Approval of Library Funding Policy, and any appropriate action. County Judge
NO ACTION
13. F) Approval of a grant application through North Central Texas Council of Governments for funding for a Deputy Fire Marshal/Environmental Crimes Investigator and a crime scene clean-up trailer, and any appropriate action. Emergency Management-Fire Marshal
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0273
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. F) Approval of contract between Denton County and Canyon Lake Ranch, Mgmt. for the Denton County Employee Service Award Event, and any appropriate action. (Formal 5-4-04)
ITEM POSTPONED FOR NEXT MEETING
14. H) Approval of (1) the Software Support Services Agreement; (2) the Product Service Agreement and (3) Attachment One to the Product Service between Payformance Corporation and Denton County, Texas, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-027414. I) Approval of a) the Construction Agreement, b) the Donation Deed, c) the Permanent Slope Easement, with all necessary exhibits between Denton County, Texas, and 423-Phillips Ranch, Ltd., a Texas limited partnership for the Boyd Road Project, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0275
14. J) Approval of the Contact Agreement between Denton County, Texas, and R-Con, Inc., Bid #03-04- 1604, in the amount of $133,289.00, for Chinn Chapel Drainage Improvements, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0276
ITEM 16 ADDENDA
16. A) Approve transferring the Pre-Trial Facility from Facilities Department to the Sheriff’s Department, and any appropriate action. Facilities Department
Move to approve with the following stipulations: Print/Mail Department will stay until June 15, 2004, and them move to 1310 East McKinney; Historical Museum has a meeting on May 13th; Facilities Department will fund janitorial/lawn service from funds allocated to the Courthouse on the Square; and, line items for this facility will be transferred to the Sheriff’s Dept. by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0277
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 10:23 a.m.
Court Reconvened in Formal Session 11:20 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 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) Deliberations about Real Property, Texas Government Code, Section 551.072; Child Protective Service Lease.Discussion – No action
ITEM 14 LEGAL
14. G) Consultation with Attorney: Texas Government Code, Section 551.087; Deliberation regarding Economic Development Negotiations for Project Citicorp.
Move to approve Chapter 381 Tax Incentive Agreement by Comm. Carter, seconded by
Comm. Jacobs.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-0278
ITEM 17 RECESS 11:28 a.m.
ITEM 18 RECONVENE INTO EXECUTIVE SESSION 11:33 a.m.
After lunch break, came back to Executive Session 2:20 p.m.
ITEM 15 EXECUTIVE SESSION
15. F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Kim Patton.
15G) Consultation with Attorney: Texas Government Code, Section 551.087; Deliberation regarding Economic Development Negotiations for Project Citicorp.
NO ACTION
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
NO ACTION OR DISCUSSION – REPOST
ITEM 15 EXECUTIVE SESSION
15. D) Consultation with Attorney: Texas Government Code, Section 551.071 (2): Civil Division Workshop on Representation of Commissioners Court, Elected Officials, and Appointed Officials, Rules of Professional Conduct.
NO ACTION
ITEM 19 ADJOURNMENT 4:00 p.m.
This set of minutes for May 11, 2004 prepared by Senior Administrator Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.