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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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I, Cynthia Mitchell, County Clerk of Denton County, Texas, do hereby certify that the following Commissioners Court Minutes are a true and correct record of the proceedings from the Commissioners Court Meeting on November 16, 2004.
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas
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By: |
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Deputy County Clerk
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 16th day of November, 2004, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton 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, Erin McCorkle.
Court opened with an Invocation by James Wells, County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Tom Keever, Chief of the Civil Division of the Criminal District Attorney’s Office.
Mr. Wells: If you'd pray with me. Our Dear Heavenly Father, we know that You
have power to protect us and enable us and give us power to do Your will. We'd
ask You that keep each one of us in Your mighty hand and protect us and give us
guidance to do Your will. We ask particularly today that you be with the Texas
Association of Counties Employee, Bill Norwood and his family, who lost their
son Byron in the war on Saturday. We ask You to give them Your blessings. We ask
You to give them compassion and understanding and please accept Byron's soul to
Your safekeeping. We ask these things in Christ's name. Amen.
ITEM 2 CONSENT AGENDA
(Item 7A was pulled for NO ACTION)
COUNTY AUDITOR
5. B) Approval of the allocation of funds from the 1999 BSRP Pct. 3 and Pct 4 Discretionary Funds in the amount of $5,000 each to Chinn Chapel Road Drainage Improvements Project, and any appropriate action. (Briefing 11-09-04)
5. C) Approval of the Denton County Investment Report for the Quarter Ended 9/30/2004, and any appropriate action. (Briefing 11-09-04)
TREASURER
5. D) Approval of Payroll.
PURCHASING
6. A) Approval of change to Nextel Service for Public Facilities Department from the current wireless phone and pager service, and any appropriate action. (Briefing 11-09-04)
BUDGET
7. B) Approval of Budget Amendment Request #100210 for Comprehensive General Liability including the transfer of funds from Non-Departmental Unappropriated Contingency-Lawsuit Settlement Contingency for Non-Departmental in the amount of $3,806, and any appropriate action. (Briefing 11-09-04)
7. C) Approval of Budget Amendment Request #100230 for Mobile Phone Expense for County Operations in the amount of $1,150, and any appropriate action.
7. D) Approval of Budget Amendment Request #100250 for various line items for Bioterrorism Grant in the amount of $26,188, and any appropriate action.
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.) Shelbria Johnson, Juvenile Corrections Officer/Juvenile Post Adjudication.
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for October 19, 2004, and any appropriate action.
PURCHASING
14. B) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Krum, and any appropriate action. (Briefing 11-09-03)
14. C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Aubrey Volunteer Fire Department; and (2) the Krum Volunteer Fire Department, and any appropriate action. (Briefing 11-09-04)
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (a) the Aubrey Area Library; (2) the Betty Foster Public Library; (c) the Krum Public Library; and (d) the Pilot Point Community Library, and any appropriate action. (Briefing 11-09-04)
14. E) Approval of the Agreement for the Use of City of Lewisville 800 Megahertz Radio System between the City of Lewisville and Denton County, Texas, and any appropriate action. (Briefing 11-09-04)
14. F) Approval and acceptance of the Donation Deed between Denton County, Texas and Jerry A. McCutchin for the Bonnie Brae Road Project, and any appropriate action. (Briefing 11-09-04)
Move to approve Consent Agenda with the exception of Item 7A by Comm. Carter,
seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0693
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 $ 1,615.00 to Micro System Enterprises, per department;
ADDITIONS –
GENERAL
MISC $ 1,250.00 to David Wacker, Attorney, CAA – A. Jones/Crim 4
CAA – C. Meing/Crim 1
CAA – K. Span/16th;
CIVIL DA $ 50.00 to Denton County Sheriff’s Dept, service – DA;
$ 100.00 to Constable Sergio DeLeon, Pct#5, service – DA;
2000 ROAD BOND $699,670.94 to Texas Dept of Transportation, LPAFA – Rosemeade.
Move to approve as amended by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0694
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the creation of a citizen committee to assess the implications of the Stormwater policy; approval of appointments; and committee report to the Commissioners Court, and any appropriate action. Commissioner, Precinct #1
13. A-1) Move to approve creation of the committee by Comm. White, seconded
by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0695
13. A-2) Move to approve appointment of Jim Horn to this committee by Comm.
White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0696
13. B) Approval of resolution and letter regarding Denton County’s position on Trans Texas Corridor Plan and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0697
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. G) Approval of modification of Letter of Understanding for Services
between Cartranz, Inc. dba
Certified Payments net and Denton County for credit card payment service to
include Justice of the Peace Offices, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0698
14. H) Approval of Supplement Agreement #3 to the Contract between Denton County, Texas, and URS Corp., for the FM 2499 Section 2 Project, in the amount of $41,510.00, for a total amount of $154,403.40, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0699
14. I) Approval of the release of escrowed funds in the amount of $140,067.39
as stipulated in the
Escrow Agreement between Valerian Properties Associates, L.P., a Delaware
limited partnership, and Denton County, Texas, for Creek Village at Providence
Subdivision in Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0700
ITEM 16 ADDENDA
16. A) Approval of Acceptance of A) Deeds without Warranty between Denton
County, Texas, and 1) Randy and Holly Piner, 2) David and Angela Fulton, 3)
Sandfield Limited Partnership, 4) Carol
Hazlewood, 5) Marlene Hazlewood, 6) James Hazlewood, 7) Rebecca Hazlewood
Edwards, 8) Peggy Hazlewood Williams for the Rector Road Bridge Replacement
right-of-way acquisition Project and B) authority for the Denton County Auditor
to issue a warrant in the amount of $2000.oo to the Law Office of D. Jorge
Urbina for Professional Services for the Grantee’s on the Rector Road Bridge
Replacement right-of-way acquisition Project in accordance with the Deeds
without Warranty, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0701
16. B) Approval of Lease-Purchase Agreement for the acquisition of two Asphalt Pavers (Lay Down Machines), and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0702
16. C) Approval of the surveying services proposal from Teague, Nall and Perkins, Inc., for BRINSAP Program for (1) Nicholson Rd. Bridge Project at Clear Creek; (2) Reik Rd. Bridge Project at South Hickory Creek; (3) Sam Bass Rd. Bridge Project at Clear Creek; and (4) Indian Trail Rd. Bridge Project at Clear Creek, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0703
16. D) Approval of setting December 7, 2004, as the time and date to hold a Public Hearing to discuss the abandoning, vacating, moving or altering of the remaining right-of-way known as Elm Ridge Road, and to order proper notice be given two weeks before the public hearing, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0704
ITEM 17 RECESS 9:40AM
ITEM 18 RECONVENE 9:42AM
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 9:43AM
Reconvened in Formal Session 10:19AM
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: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Denton County v. Tarrant County, pending in the Supreme Court of Texas.
15. D) Consultation with Attorney: Texas Government Code, Section 551.071
(2); Denton County, Texas, v. Scott Schambacher, individually and in all
capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling
Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes L.T.D.,
S.T.S. Contracting Services, L.L.C., and S.T.S. Construction, Inc.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 10:20AM
This set of minutes for November 16, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
