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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 30, 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 30th 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, 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 Jim Heath, followed by the Pledges of Allegiance to the American and Texas Flags led by Don Alexander, Director of Elections Administration.
Mr. Heath: Bow your head, please. Our Heavenly Father, thank You for this day. Thank You for this country, our state and our county. Thank You for this Court and all they stand for. Please be with them today as they do our County's business and also please look over our soldiers all over the world, where they may be in harm's way and keep them in Your care. In Thy name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the Replat of Lots 3-R & 4-R, Block 1, Dove Hollow, Phase 1, Precinct #4, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0715
4. B) Approve the Replat of Lot 4, Block 36E, Heritage Lantana, Phase 2, Precinct #4, and any appropriate action. Planning Department
Move to Open Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0716
ITEM 2 CONSENT AGENDA
(Item 7A pulled for NO ACTION.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of Change Order #1 RFP #04-03-1554, Telephone System – Sheriff’s Office and use of excess 1999 Certificates of Obligation Project Fund to purchase additional wireless hardware from NEC Business Network Solutions, Inc., and any appropriate action. (Briefing 11-23-04)
6. B) Approval of specifications and authority to advertise for Temporary Personnel Services, RFP #10-04-1638, and any appropriate action. (Briefing 11-23-04)
6. C) Approval of specifications and authority to advertise for Denton County Government Center Renovation, Bid #11-04-1643, and any appropriate action. (Briefing 11-23-04)
BUDGET
7. B) Approval of Budget Amendment Request #100270 to increase revenues and allocate expenditures for Vehicle Emission Compliance Program for Non-Departmental in the amount of $9,026, and any appropriate action. (Briefing 11-23-04)
7. C) Approval of Budget Amendment Request #100280 to increase revenues and allocate expenditures for Victim Notification Service for Criminal District Attorney in the amount of $25,880, and any appropriate action. (Briefing 11-30-04)
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.) Robert Moore, FVCA Investigator/DA-Child Abuse Pros. Exp. Grant; Roberto Fermin, Juvenile Detention Officer/Juvenile Detention; Thelma Jo Cunningham, Officer Support Specialist I (PT)/Constable, Pct. 4; Ingrid Hoffens-Lantz, Officer Support Specialist II/Public Health-Clinical.
8. B) Approve the 2005 stop loss renewal documents, and any appropriate action. (Briefing 11-30-04)
COUNTY CLERK
11. A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for October 26, 2004, and any appropriate action.
11. B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for November 10, 2004, and any appropriate action.
LEGAL
14. B) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Trophy Club, and any appropriate action. (Briefing 11-23-04)
14. C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the City of Carrollton and (2) the Town of Trophy Club, and any appropriate action. (Briefing 11-23-04)
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County, Texas and (a) the Town of Flower Mound; (b) the City of Plano; and (c) the City of The Colony, and any appropriate action. (Briefing 11-23-04)
14. E) Approval of the 2nd Amendment to the Interlocal Cooperation Agreement between the City of Plano and Denton County, Texas, for the extension of FM 544 (Parker Road) widening Project, and any appropriate action. (Briefing 11-23-04)
Move to approve Consent Agenda with the exception of item 7A by Comm. Carter,
seconded by Comm. White.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 04-0717
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 $ 261.25 to Ashlar Contracting Company, incorrect amount;
ADDITIONS –
GENERAL
NON DEPT $ 129.75 to Tia’s Restaurant, Holiday Lunch – Jail Medical;
$ 48.00 to Babe’s Chicken Dinner House, Holiday Lunch – Budget;
R&B – PCT #1 $ 84.79 to Aubrey Water & Sewer, Svc – D1;
R&B – MISC $ 440.88 to Progressive Concepts, Svc – RBW, RBE, PWE.
Move to approve amended bill report by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0718
ITEM 6 PURCHASING
6. D) Approval of specifications and authority to advertise for Copper Canyon Road Construction, Bid #11-04-1642, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0719
6. E) Approval of specifications and authority to advertise for Chinn Chapel Road Construction, Bid #11-04-1644, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0720
ITEM 9 HEALTH
9. A) Approve the Social Services Committee recommendation regarding CASA’s request to add a staff member, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0721
ITEM 13 OTHER DEPARTMENTS
13. A) Approve the Order to Call Local Option Election – Town of Ponder for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” on February 5, 2005 at Ponder Town Hall, 405 Shaffner, Ponder, Texas, Denton County; to designate the Election Office, 401 West Hickory, Denton, Texas as the main early voting site, that early voting will begin January 19, 2005, that early voting will be conducted from January 19, 2005 thru February 1, 2005; to designate the Ponder Town Hall as a branch location with voting hours the same as the Ponder Town Hall working hours and the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202. La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Ponder- para “la venta legal de cerveza y vino para consumo solamente fuera del lugar de venta” en Febrero el 5 de 2005 en Ponder Town Hall, 405 Shaffner, Ponder , Texas, Denton County. A senalar la Oficina de las Elecciones- 401 West Hickory, Denton, Texas como el sitio para votar temprano comenzando Enero el 19 de 2005 y continuara hasta el Febrero el 1 de 2005. Para senalar Ponder Town Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Ponder Town Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton, TX 76202.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0722
13. B-1) To Call Option Election – City of Oak Point for “the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Holders Only” on February 5, 2005 at Oak Point City Hall, 100 Naylor Road, Oak Point, Texas, Denton County; to designate the Elections Office 401 West Hickory, Denton, Texas as the main early voting site, that early voting will begin January 19, 2005, that early voting will be conducted from January 19, 2005 thru February 1, 2005; to designate the Oak Point City Hall as a branch location with voting hours the same as the Oak Point City Hall working hours; and the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202. La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Oak Point –para “la venta legal de bebidas mezcladas alcoholicas en restaurants solamente por poseedores de certificados autorizandolos para server alimentos y bebidas”en el 5 de Febrero de 2005 en Oak Point City Hall, 100 Naylor Road, Oak Point , Texas, Denton County. A senalar la Oficina de las Elecciones - 401 West Hickory , Denton Texas como el sitio para votar temprano comenzando Enero el 19 de 2005 y continuara hasta el Febrero el 1 de 2005. Para senalar Oak Point City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Oak Point City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton,76202.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0723
13. B-2) To Call Option Election – City of Oak Point for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” on February 5, 2005 at Oak Point City Hall, 100 Naylor Road, Oak Point, Texas, Denton County; to designate the Elections Office 401 West Hickory, Denton, Texas as the main early voting site, that early voting will begin January 19, 2005, that early voting will be conducted from January 19, 2005 thru February 1, 2005; to designate the Oak Point City Hall as a branch location with voting hours the same as the Oak Point City Hall working hours; and the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202. La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Oak Point- para “la venta legal de cerveza y vino para consumo solamente fuera del lugar de venta” en Febrero el 5 de 2005 en Oak Point City Hall, 100 Naylor Road, Oak Point , Texas, Denton County. A senalar la Oficina de las Elecciones – 401 West Hickory, Denton, Texas como el sitio para votar temprano comenzando Enero el 19 de 2005 y continuara hasta el Febrero el 1 de 2005. Para senalar Oak Point City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Oak Point City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton, TX 76202, and any appropriate action. Elections Department
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0724
13. C) Approve or reject Verification of Petition for Local Option Election – Justice of the Peace #2 and any appropriate action. Rechzar verification de la peticion para la eleccion local de la opcion – Juez de Paz, Precinto Num Dos. Elections Department
Move to approve rejection by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0725
13. D) Approval of appointments to the Citizens Storm Water Review Committee,
and any appropriate action. Commissioners Court
NO ACTION
13. E) Approval of the appointment of Kenneth Banks to the Denton County
Storm Water Committee, and any appropriate action. Commissioner, Precinct #4
NO ACTION
13. F) Approval of the reappointment of Dawn C. Lowry to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0726
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. F) Approval of the Compromise Settlement Agreement with Thornton-Tomasetti
regarding Denton County, Texas, v. Phillips Swager & Associates, Inc., Huber,
Hunt, Nichols, Inc., n/k/a Hunt Construction Group, Inc. and R.C. Small &
Associates, Inc., Cause No. 2001-40738-362, pending in the 362nd District Court
of Denton County, Texas.
NO ACTION—SEE ITEM 15D
ITEM 17 RECESS 9:37AM
ITEM 18 RECONVENE 9:40AM
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 9:41AM
Reconvened in Formal Session 10:45AM
Jacobs was absent when Formal Session reconvened.
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. E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); UPS Supply Chain Solutions, Inc., Plaintiff vs. Northwest Independent School District and Steve Mossman in His Official Capacity as Denton County Tax Assessor-Collector, Defendants, Cause # 2004-40318-362, pending in the 362nd Judicial District Court of Denton County, Texas.
15. F) Consultation with Attorney: Pending Litigation, Section 551.071 (1)(A); Ron Akin, Plaintiff vs. The Honorable Robert D. Simms, as the Presiding Judge of the Oklahoma Multicounty Grand Jury; Joel-Lyn McCormick, as Assistant Oklahoma Attorney General; Charles Rogers, as Assistant Oklahoma Attorney General; Weldon Lucas, as Denton County Sheriff; and, Bruce Isaacks, as Denton County District Attorney, Defendants, Cause # 2004-50333-367, pending in the 367th Judicial District Court of Denton County, Texas.
15. G) Personnel Matters: Texas Government Code, Section 551.074 (a)(1): Deliberations concerning the evaluation, reassignment, duties, discipline and/or dismissal of the Denton County Economic Development Director.
15. H) Consultation with Attorney: Section 551.071 (2); Discussion regarding
legal issues related to possible Interlocal Agreement with Denton Independent
School District regarding fiber optic network to connect governmental
facilities.
NO ACTION ON ANY EXECUTIVE ITEMS WITH THE EXCEPTION OF ITEM 15D.
15. D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER HUNT $ NICHOLS, INC., n/k/A HUNT CONSTRUCTION GROUP, INC., and R.C. SMALL & ASSOCIATES, INC.; Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas.
Move to approve that the Court authorize the compromise and settlement
agreement and authorize the County Judge to sign that on behalf of Denton County
by Judge Horn, seconded by Comm. White.
Motion Carried 3-0-0
Court Order 04-0727
ITEM 19 ADJOURNMENT 10:46AM
This set of minutes for November 30, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
