 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
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 December 7, 2004.
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas
|
By: |
|
|
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 7th day of December, 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 Bobbie J. Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.
Court opened with an Invocation by Tommy Brewer followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Director of the Budget Office.
Mr. Brewer: Let us pray. Father God, we come to you again in this season of joy and thanksgiving with heartfelt thanks for the blessings and freedom we enjoy. We know that freedom isn't free and we offer a special prayer for the protection and safe return of our men and women in uniform serving the cause of freedom at home and abroad. We remember those lost at Pearl Harbor on this day 63 years ago. God, we ask that You empower us to conduct our lives to be worthy of their sacrifice. Finally, today, we ask that you guide the deliberations of this Commissioners Court, that the decisions made here will be worthy of the citizens of Denton County. In the name of Your son, Jesus Christ, we pray. Amen.
ITEM 1 PUBLIC INPUT
Sherri Gideon thanked Commissioners Court for their support of CASA.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of presentation for the Denton County Purchasing Department
receiving the Excellence in Procurement Award for 2004, and any appropriate
action. County Judge
NO ACTION
ITEM 2 CONSENT AGENDA
(Item 14E pulled for further consideration.)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100300 for Lease Payments and HMAC for Road & Bridge, Precinct #1 in the amount of $327,200, 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 Denton County policies adopted by the Commissioners Court, except as otherwise stated in the appointment orders. These appointments are within the budgetary constraints.) Sandra Schon, Deputy Clerk/Courts/County Clerk; Daniel Hendricks, Detention Officer I/County Jail; Rebecca Gunnels, Detention Officer I/County Jail; Lavern Neu, Detention Officer I/County Jail; Jeffrey Tyler, Detention Officer I/County Jail.
PUBLIC WORKS
10. A) Approval of FINAL Plat of the Bewley Addition, Precinct #1, and any appropriate action. Planning Department
LEGAL
14. B) Approval of the Service Agreement Renewal Notice with Appriss, Inc. through the State of Texas, Office of the Attorney General for Denton County VINE Service, and any appropriate action. (Briefing 11-30-04)
14. C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and McLennan County, and any appropriate action. (Briefing 11-30-04)
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Frisco Public Library, and any appropriate action. (Briefing 11-30-04)
Move to approve Consent Agenda with the exception of item 14E by Comm.
Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0728
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 $ 160.00 to BCI Mechanical, Per Department;
$ 4.50 to Pelouze, Duplicate Payment;
ADDITIONS –
GENERAL
NON DEPT $ 24.00 to Kroger, Holiday Lunch – CC#1;
$ 24.00 to Mi Casita, Holiday Lunch – CSCD;
R&B $ 78.75 to Texas Commission/Environmental, Tank Fees & Late Fees;
$ 200.00 to Roger Pace, Janitorial Service.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 04-0729
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. H) Approve the Resolution approving the issuance by Capital Trust Agency of its revenue bonds in one or more series for the financing or refinancing of certain projects in Denton County, Texas, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 04-0730
ITEM 4 PUBLIC HEARINGS
4. A) Approval of 1) abandoning a portion of the right-of-way known as the remaining portion of Elm Ridge Road, 2) the Quitclaim Deed between Denton County and Savannah Properties Associates, L.P., 3) the Quitclaim Deed between Denton County and T.B. Land, LLC % Troy McGee and 4) authorization for the County Judge to execute both Quitclaim Deeds, and any appropriate action.
Move to Open Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0731
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Presentation regarding fiber optic cable network to connect
governmental facilities.
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of appointments to the Citizens Storm Water Review Committee,
and any appropriate action. Commissioners Court
NO ACTION
13. D) Approval of appointment of Mr. Barry Jameson to the Denton County Storm Water Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0732
13. B) Approve re-appointment of Terry Sullivan to the Denton County Building & Property Committee effective December 31, 2004, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0733
13. C) Approve re-appointment of Mr. Benjamin Grooms to the Denton County Veterans Advisory Board, and any appropriate action. Commissioner, Precinct #2
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0734
13. E) Approval of the re-appointment of Mr. Charles Correll to the Denton County Transportation Authority Board of Directors, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0735
13. F) Approval of the re-appointment of Mr. Jason Pierce to the Denton County Transportation Authority Board of Directors, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0736
ITEM 14 LEGAL
14. E) Approval and implementation of Denton County Public Nuisance Abatement
Order, and any appropriate action. (Briefing 11-30-04)
REPOST IN TWO WEEKS
14. F) Approval of the Pharmacy Services Agreement between Denton County, Texas on behalf of Denton County Indigent Health Care, and Data Rx Management, and any appropriate action.
Move to approve with amendment giving the County Judge permission to sign the
agreement when we receive the signed original by Comm. Jacobs, seconded by Comm.
Carter.
Motion Carried 4-0-0
Court Order 04-0737
14. G) Approval of 1) the Real Estate Contract between Denton County, Texas, and Roger Sessions for the Florence Road Improvement right-of-way acquisition Project, 2) authorization to proceed with closing for the purchase of Roger Sessions’ Property, 3) authorization for the County Judge to sign all necessary closing documents for the purchase of Roger Sessions’ property, and 4) direction for the County Auditor to issue a warrant for the purchase cost and closing fees for the Roger Sessions’ Property, and any appropriate action.
Move to approve with amendment including that funding is coming from Precinct
4 Discretionary Funds by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0738
ITEM 16 ADDENDA
16. A) Approval of the Delivery and Acceptance Certificate of Unconditional Acceptance between Denton County and Dell Marketing, L.P., and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 04-0739
ITEM 17 RECESS 9:50AM
ITEM 18 RECONVENE 9:55AM
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 9:57AM
Reconvened in Formal Session 11:34AM
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: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Blue Skies Alliance, Downwinders at Risk, Public Citizen and Sierra Club, non-profit corporations, Plaintiffs, vs. Michael O. Leavitt, Administrator, US Environmental Protection Agency; Richard E. Greene, Regional Administrator, US Environmental Protection Agency, Region XI, and the United States Environmental Protection Agency, Defendants Cause # 3:04-cv-02169, pending in the United Stated District Court for the Northern District of Texas in Dallas, Texas.
15. E) Consultation with Attorney: Section 551.071 (2); Discussion regarding legal issues related to the Interlocal Agreement with Denton Independent School District regarding fiber optic network to connect governmental facilities.
15. F) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.
15. G) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott T. 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.
15. H) Deliberations about Real Property; Texas Government Code, Section
551.072; Disposition of certain property in the area of the City of The Colony.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:35AM
This set of minutes for December 7, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
