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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 25, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 25th day of May, 2004, at 9:04 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, and Cynthia White were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Mike Hackler.
Court opened with an Invocation by Lockadee Newland, Chief Administrator for Commissioner White, Precinct One, followed by the Pledges of Allegiance to the American and Texas Flags led by Vanessa Sims, Interim Director to Economic Development.
Ms Newland: Father, we come to you this morning with heavy hearts at the losses of lives we experienced this weekend. We pray for Jerry and Avy Rayburn on the loss of their son Curtis. And we pray for the families of the boys that were killed and injured in the car wreck this weekend. And, Father, we look to You for comfort and guidance and wisdom. Father, it seems that America has turned its back on You. And we pray that You will not remove Your hand from us, that families will be restored, and people will return to a wholesome, moral life. We pray for the Commissioners Court this morning in that they would set the example for Denton County. And we pray that You will grant them wisdom in their decisions today. We thank You for this day, and thank You for Your love. And we pray in the name of our Lord and Savior Jesus Christ. Amen.
ITEM 1 PUBLIC INPUT
Comm. White announced the retirement of Lockadee Newland, her Chief Administrator for four years, and thanked her for her service. Ms. Newland thanked the Commissioner for giving her opportunity to serve Denton County.
ITEM 13 OTHER DEPARTMENTS
13. E) Approval of the Results for the Denton County Bond Election May 15, 2004, and any appropriate action. Elections Department
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-0293
ITEM 16 ADDENDUM
16. A) Approval of the Results for the City of Corinth Local Option Election, and any appropriate action. Elections Department
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0294
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Library Funding Policy, and any appropriate action.
Move to approve a per capita of $1.10 with matching of $10,000 for a total expenditure of $686,845 contingent upon budget considerations by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-295
ITEM 2 CONSENT AGENDA
(Item 8. A pulled for further consideration and/or separate vote.)
PURCHASING
6. A) Approval of renewal of bid for Tires and Tubes (Truck and Heavy Equipment), Bid #05-02-1489, with Gray’s Wholesale Tires, and any appropriate action. (Briefing 5-18-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101110 for Salary Assistants/Benefits and various other line items for Criminal District Attorney in the amount of $41,359, and any appropriate action. (Briefing 5-18-04)
7. C) Approval of Budget Amendment Request #101130 to increase revenues and allocate expenditures to Bank Service Charge for Debt Service Fund in the amount of $120,825, and any appropriate action. (Briefing 5-18-04)
7. D) Approval of Budget Amendment Request #101140 for Keys and Locks for County Operations in the amount of $350, and any appropriate action. (Briefing 5-18-04)
7. E) Approval of Budget Amendment Request #101150 for Computers for County-Wide Technology in the amount of $3,021, and any appropriate action. (Briefing 5-18-04)
7. F) Approval of Budget Amendment Request #101180 for Printed Material and Office Supplies for Tax Assessor/Collector in the amount of $9,225, and any appropriate action.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for May 11, 2004, and any appropriate action.
OTHER DEPARTMENTS
13. B) Approval regarding the Building Usage Request from Adrian Weaver, Wine on the Square for electricity for food vendors located on Oak St. between Elm & Locust, and the front portion of the Courthouse of the Courthouse on the Square Lawn facing Oak St. on Saturday, May 29, 2004, from 8:00 am to 11:00 pm, and any appropriate action. Aide to the Court (Briefing 5-18-04)
13. C) Approval of Building Usage Request by Denton County Republican Party Executive Committee for use of the Commissioners Courtroom on May 25, 2004, Tuesday, from 6:30 pm to 10:00 pm, and any appropriate action. Aide to the Court (Briefing 5-18-04)
LEGAL
14. B) Approval of terminating contract with Official Payments Corporation, and any appropriate action. (Briefing 5-18-04)
Move to approve Consent Agenda with the exception of Item 8.A by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0296
ITEM 8 HUMAN RESOURCES
8. A) Approval of Order Making Appointments. (Appointments have been posted and advertised. Interviews were 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.) Michelle Pruett, Deputy Clerk – Courts/County Clerk; Belinda Gibbs, Deputy Clerk – Recording/County Clerk; Angi Blagg, Deputy Clerk – PT/County Clerk; Allison Sartin, Family Law Attorney II/Criminal DA-CPS Division; Wesley Neukam, Juvenile Detention Officer/Juvenile Detention; John Kissinger, Detention Sergeant – Medical/Jail Health Department; Capricia Finke, Administrative Specialist I/County Jail; Chad Fitts, Detention Officer I/County Jail; Rebecca Kaci Wilson, Detention Officer I/County Jail; Andre Jordan, Detention Officer I/County Jail; Mark Dominy, Detention Officer I/County Jail; William Covington, Detention Officer I/County Jail; April Butler, Detention Officer I/County Jail; Jennifer Denton, Administrative Assistant II/R & B Pct. 1 & 2.
Move to approve Order Making Appointments with the exception of Item 8.A-6 by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-02978. A-6) Move to approve salaried position for Hank Ogden, Engineering Tech II/Public Works Admin./Engineering by Comm. White, seconded by Judge Horn.
Motion Carried 3-1-0 (Jacobs, nay)
Court Order 04-0298
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.)DELETION –
Bioterrorism – Tech Dept., $ 108.00, per department;ADDITIONS –
GENERAL –
DA - State Bar Legal Ast. $ 70.00 for dues – Kim Thornburg;
Denton Benefit League $ 1,146.35 for partial refund of donation;
TNCP - District Clerk of D.C. $ 218.00 for court costs;
99 Road Cons., U.S. Army C. of Eng. $ 345.00 for easement fee.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0299
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 – REPOST
ITEM 16 ADDENDA
16. B) Discussion regarding any action concerning the reorganization and positions within Engineering, Planning, Facilities or Road & Bridge, and any appropriate action. Commissioner, Precinct #2
NO ACTION - REPOST
ITEM 10 PUBLIC WORKS
10. D) Approval of authorizing the Director of Public Works Admin/Engineering discretionary authority over the remaining funds in line items 5220 Bridge Contract Labor, 5355 Bridge Consulting Fees, & 5395 Surveys, Testing for sequence 2, due to the resignation of the Director of Public Works Planning for the purpose of managing project costs, and any appropriate action. Public Works/Engineering
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0300
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of the Results for the Town of Northlake Local Option Election, and any appropriate action. Elections Department
ITEM PULLED
13. F) Approval of Building Usage Request by the City of Denton for Concerts on the Square on Wednesday’s from 10:30 a.m. to 1:30 p.m. beginning May 19, 2004 and ending June 30, 2004, and any appropriate action. Aide-to-the-Court
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0301
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Carrollton, and any appropriate action. (Formal 5-18-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-030214. D) Approve reconsideration of the renewal of the Addressing Service Agreement contract with the DENCO Area 911 District, for a renegotiated fee and to include digital orthophotograpgy, for FY2005, and any appropriate action. (Formal 5-18-04)
REPOST
14. E) Approval of: a) the Project for widening Loop 288 East from IH 35 to US 380 to a six-lane divided urban roadway within the city limits of the City of Denton and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for the Widening of Loop 288 East from IH 35 to US 380 to a six-lane divided urban roadway within the city limits of the City of Denton, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0303
ITEM 16 ADDENDA
16. E) Approval of a Construction Bond in the amount of $191,274.00, by Avondale Ranch, Ltd. For the Guy James Ranch Phase 1 Subdivision, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Carter.
Motions Rescinded
REPOST16. C) Approval of the Final Plat of Guy James Ranch, Precinct #4, and any appropriate action. Public Works/Planning
REPOST
16. D) Approval of an Addendum to the Escrow Agreement between Savannah Properties Associates, L.P., and Denton County, Texas, for the Savannah Subdivision Sections 1, 2, and 3, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0304
ITEM 17 RECESS 10:20 a.m.
ITEM 18 RECONVENE 10:35 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.
Convened in Executive Session 10:40 a.m.
Reconvened in Formal Session 10:50 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
ITEM 16 ADDENDA
16. F) EXECUTIVE SESSION – Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); James R. Henson and Ann 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 authorize Judge Horn to execute proposed settlement agreement by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0305This set of minutes for May 25, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.