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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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June 1, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 1st day of June, 2004, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, 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 Hank Scheible, Veterans Service Officer, followed by the Pledges of Allegiance to the American and Texas Flags led by Johnny Bulen, Commander, Veterans of Foreign Wars.
Mr. Scheible: Dear Heavenly Father, we come before You today on the day after Memorial Day when we memorialize those men and women who have fought and died for our country to give us the freedom that we enjoy here. During this freedom, Lord, we do have local government, and we ask that You would watch over those decisions that are made today. We lift up our President and Congress and all the elected officials in our nation. Grant them wisdom and direction in their lives, that the decisions that they make will honor You. In Christ's name we pray. Amen.
ITEM 1 PUBLIC INPUT
Commander Johnny Bulen, Veterans of Foreign Wars Post 9168, Lewisville, Texas, presented a Proclamation to Commissioners Court.
Willie Hudspeth continued his goal to bring water to the Confederate Statute on the Courthouse on the Square.
ITEM 2 CONSENT AGENDA
(Item 8.A was pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of purchase of Courts Security Video System, RFP #04-04-1613, from Henry Brothers Electronics for $125,758.49, as the State of Texas CISV Best Value, and any appropriate action. (Briefing 5-25-04)
6. B) Approval of specifications and authority to advertise for Road Signs, Bid #05-04-1617, and any appropriate action. (Briefing 5-25-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101170 to increase revenues and allocate expenditures for Economic Development Projects for Economic Development in the amount of $1,000, and any appropriate action. (Briefing 5-25-04)
7. C) Approval of Budget Amendment Request #101190 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non- Departmental in the amount of $47,386, and any appropriate action. (Briefing 5-25-04)
7. D) Approval of Budget Amendment Request #101200 for Operating Equipment including the transfer of funds from Courthouse Security Fund-Unappropriated Contingency Courthouse Security Fund in the amount of $20,093, and any appropriate action. (Briefing 5-25-04)
7. E) Approval of Budget Amendment Request #101210 for Air Conditioner Maintenance for Law Enforcement Facility in the amount of $20,500, and any appropriate action.
7.F) Approval of Budget Amendment Request #101250 for Psychiatric Services fro 158th District Court in the amount of $5,000, and any appropriate action.
LEGAL
14. B) Approval of the Engineering Services Contract between Denton County, Texas and Alexander Utility Engineering, Inc. for Fiber Optic Network Cost Study, and any appropriate action. (Briefing 5-25- 04)
14. C) Approval of (1) the Statement of Work for Services, ServiceSuite Agreement, and (2) the Schedule for Services between International Business Machines Corporations (IBM) and Denton County, Texas, and any appropriate action. (Briefing 5-25-04)
14. D) Approval of: a) the Project for improvements to FM 2181 within the city limits for the City of Denton and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for the improvements to FM 2181 within the city limits for the City of Denton, and any appropriate action. (Briefing 5-25-04)
14. E) Approval of Supplement Agreement #2 to the Contract between Denton County, Texas, and Dannenbaum Engineering Corporation for the IH 35 Widening Project for additional funding in the amount of $28,980.50 for a total contract amount of $568,938.02, and any appropriate action. (Briefing 5-25-04)
Move to approve Consent Agenda with the exception of Item 8.A by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0306
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.) Kenneth Williams, Deputy Constable/Constable Pct. 6; Jamie Boothe, Senior Deputy Clerk/District Clerk; Chris Wood, Juvenile Corrections Officer/Juvenile Post Adjudication; Krystal Foster, Juvenile Corrections Officer/Juvenile Post Adjudication; Kemila Haley, Detention Officer I/County Jail; Andrew Mitchell, Communications Officer/Communications; Terry Mike Simmons, Diesel Mechanic/R & B Pct. 1 & 2.
Move to approve Order Making Appointments with the exception of 8.A-5 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0307Move to approve Order Making Appointment 8.A-5, Tiffani Beaudry, Office Support Specialist II/Sheriff at Step Five as required by policy by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0308
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 –
$200.00 to Oak Park Heights, incorrect vendor;
$225.00 to I-Deal LLC, incorrect vendor.Move to approve amended Bill Report with the exception of Vendor 64 by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0309Move to approve Vendor 64 by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0310
ITEM 6 PURCHASING
6. C) Approval of specifications and authority to advertise for HVAC Full Service Maintenance Agreement, Bid #05-04-1619, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0311
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. F) Approval of a) the purchase of the property identified as 9076 B. Teasley Lane, Denton, Texas, for a total approximate of $772,000.00, b) the Commercial Contract – Improved Property and Addendum to Contract for Sale regarding Property Conditions of 9076 B Teasley Lane, c) authorization for the County Judge to sign all necessary closing documents for the purchase of this property, and d) direction for the County Auditor to issue a warrant for the purchase for the 9076 B Teasley Lane Property, and any appropriate action. (Briefing 5-25-04)
14. G) Approval of a) the purchase of the property identified as 9080 Teasley Lane, Denton, Texas, for a total approximate amount of $15,000.00, b) the Commercial Contract – Improved Property and Addendum to Contract for Sale regarding Property Conditions of 9080 Teasley Lane, c) authorization for the County Judge to sign all necessary closing documents for the purchase of this property, and d) direction for the County Auditor to issue a warrant for the purchase of the 9080 Teasley Lane Property, and any appropriate action. (Briefing 5-25-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0312
14. H) Approval of (a) the Construction Bond in the amount of $191,274.00, by Avondale Ranch, Ltd. For the Guy James Ranch Phase I Subdivision and (b) the Final Plat for Guy James Ranch, Precinct #4, and any appropriate action.
REPOST
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the re-appointment of Dr. Lee Nutt, Ms. Fran Moore, Ms. Vivian Edwards and Mr. Steve Johnson as Denton County representatives o the North Central Texas Workforce Development Board, and any appropriate action. County Judge.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-00313
ITEM 14 LEGAL
14. I) Approval of (a) the Escrow Agreement in the amount of $140,067.39, by Valerian Properties Associates, L.P. a Delaware limited partnership, for the Creek Village at Providence Subdivision and (b) the Final Plat for Creek Village at Providence Subdivision Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0031414. J) Approval of rescinding Court Order No. 04-0271, dated May 11, 2004, approving renewing of the addressing service agreement with DENCO Area 911 District, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0315
14. K) Approval of a) the Donation Deed, and b) the Permanent Drainage and Utility Easement Agreement, with all necessary exhibits between Denton County, Texas, and Philip and Deborah Pierce for the Bonnie Brae Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-031614. L) Approval of a) the Donation Deed, and b) the Permanent Drainage and Access Easement Agreement, with all necessary exhibits between Mont and Emrie Wilkes and Denton County, Texas, for the Bonnie Brae Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0317
ITEM 16 ADDENDA
16. A) Approval of the Interlocal Service Agreement between Denton County, Texas and DENCO Area 9-1-1 District for an amount of $20,000.00 per year plus other considerations described in the Agreement, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-031816. B) Approval of a) the Donation Deed, and b) the Permanent Drainage and Access Easement Agreement, with all necessary exhibits between Denton CJW Partners, Ltd and Denton County, Texas for the Bonnie Brae Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0031916. C) Approval of Lease Agreement between Denton County, Texas and Mothers Against Drunk Driving (MADD) for office space located at 756 East Jones Street, Lewisville, and any appropriate action. DA/Civil Division
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0320
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 – REPOST
ITEM 17 RECESS 9:40 a.m.
ITEM 18 RECONVENE 9:47 a.m.
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
10. C-1) Move to authorize the Criminal District Attorney, Civil Division, to draft a letter to the Texas State Attorney General regarding questions about the present Ex-Officio Commissioners Road System by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-00321
10. C-2) Move to allocate monies by a percentage based on the mileage and historical expenditures from the past five years in each precinct: Road Commissioner, Precinct One, 54%; Road
Commissioner, Precinct Four, 43%; Road Commissioner Precinct Two, 2%; and, Road Commissioner Precinct Three, 1%, with funds for Precincts 2 & 3 being deposited in contract labor, road work, effective October 1, 2004 by Comm. Carter, seconded by Comm. White.
Motion Carried 3-2-0 (Jacobs & Mitchell, nay)
Court Order 04-0032210. D) 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
ITEM 17 RECESS 11:35 a.m.
ITEM 18 RECONVENE
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 12:00 p.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. D) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Claims by Kim Paton and James Paton.
Move to approve settlement agreement as outlined in Executive Session by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0 (Jacobs & Mitchell absent)
Court Order 04-032315. E) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): Discussion of duties of Veterans Service Officer.
15. G) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Bert Gibbs v. Windle, et al.: In the United States District Court for the Eastern District of Texas Sherman Division: Case No. 4:04cv77; Gibbs v. Sheriff Weldon Lucas: In the 16th Judicial Court of Denton County, Texas: Cause No. 2004-10149-16.
NO ACTION
Court Reconvened in Executive Session 1:00 p.m.
Court Reconvened in Formal Session 5:33 p.m.
15. F) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, employment, and duties of the Economic Development Director and to conduct employment interviews.
Move to appoint Vanessa Sims as Economic Development Coordinator by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (Jacobs absent)
Court Order 04-0324
ITEM 19 ADJOURNMENT 5:35 p.m.
This set of minutes for June 1, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.