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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 January 4, 2005.
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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Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 4th day of January, 2005, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Cynthia White, Sandy Jacobs, Bobbie J. Mitchell, and Jim Carter were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.
Court opened with an Invocation by Dr. Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Cynthia Mitchell, County Clerk.
Dr. Burton: Would you pray with me. Oh, Lord, our Lord, how majestic is Your name in all of the earth. We come to You this day, Lord, thankful for a new year, thankful for the opportunities that it brings, thankful for your steadfast love that endures throughout the ages. And we pray your blessing this day, Lord, upon the thousands and thousands of families affected by the Asian tsunamis. Be their refuge and strength and very present help in time of trouble. We ask Your blessing, also, today, Lord, upon our nation and upon our state, and upon our county and especially upon this Commissioners Court that is assembled today. Be with them today, Lord. Let Your spirit guide so that all that is said and done here today would be pleasing to You. For we pray in the precious and holy name of Jesus. Amen.
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of award of bid for Gas and Diesel, Bid #09-04-1636, to Petroleum Traders for Gasoline and Martin Eagle Oil for Diesel, and any appropriate action. (Briefing 12-21-04)
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Chelsie Watkins, Senior Court Clerk/Justice of the Peace, Pct. 2; Brian Drury, Sergeant/Detention/County Jail; Sherry Hendrix, Chief Administrator to the Sheriff/Sheriff; Richard West, Bailiff/Sheriff.
OTHER DEPARTMENTS
13. A) Approval of request to transfer Phone Service from Progressive Concepts to Nextel Communications, and any appropriate action. Constable, Precinct #4 (Briefing 12-21-04)
13. B) Approve Building Usage request from UNT to use the Conference Room on January 12, 2005 from 9 am to 3 pm for a meeting, and any appropriate action. (Briefing 12-21-04)
LEGAL
14. B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Ellis County, and any appropriate action. (Briefing 12-21-04)
Move to approve consent agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0003
ITEM 5 AUDITOR
5. A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)
DELETIONS—
GENERAL $ 2,205.00 to Durrance, Neil – Attorney, duplicate payment;
$ 5,047.00 to North Central Texas COG, duplicate payment;
$ 330.00 to Raesz, Chris – Attorney, incorrect vendor;
$ 1,887.00 to Piel, Susan – Attorney, incorrect vendor;
$ 75.00 to Perry, Tricia – Attorney, incorrect vendor;
PH $ 250.00 to Mosier, Curtis – MD, duplicate payment;
ADDITIONS—
GENERAL
MISC $ 586.89 to AT&T Wireless, svc – Info Svcs;
$ 81.03 to AT&T Wireless, svc – TABC;
$ 297.42 to AT&T Wireless, svc – Constable #2;
$ 26.54 to AT&T Wireless, svc – SO/T Burke;
DA $ 500.00 to TDCAA, reg fee – Carodine/Retz;
TAX $ 824.00 to U.S. Postmaster, box 90223 lease – Tax;
MISC $ 3,668.85 to Bank One, transport expenses – Jail;
$ 1,187.01 to Bank One, transport expenses – S.O.;
OPS $ 150.00 to City of Denton, 3 certificates of occupancy;
MISC $ 570.30 to Verizon Wireless Messaging, service – DA;
OPS $ 105.00 to Texas Dept of Licensing & Reg, BPAT License/Oper – K Nelson;
EMER MGMT $ 370.00 to Brad Simpkins, Ennis conf – FM;
CO CLK $ 7,455.64 to Woolverton Agency, County Official Bonds – Co Clk;
JAIL $ 1,307.26 to ATD – America, shoes – Jail;
ELECTIONS $ 37.00 to Lydena Sumrall/Elections, election judges/assistant;
$ 161.75 to Annetta Shifflett/Elections, election judges/assistant.
Move to approve amended bill report with additional deletion of vendor 6268
on page 30 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0004
ITEM 6 PURCHASING
6. B) Approval of award of bid for Copper Canyon Road Construction Bid #11-04-1642, and any appropriate action.
Move to approve with correction of funding coming from 407 TRIP 04 Project by
Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0005
6. C) Approval of award of bid for Chinn Chapel Road Construction Bid #11-04-1644, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0006
ITEM 17 RECESS 9:12AM
ITEM 18 RECONVENE 9:22AM
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of appointment of Jan Thompson to the Denton County Storm Water Committee, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0007
13. D) Approval of re-appointment of Jerry Doug Mitchell to the Denton County Veterans Advisory Board, to represent Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0008
13. E) Approve the re-appointment of Scott Corbitt to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0009
13. F) Approve the appointment of Sherman Swartz to the Denton County Storm Water Committee to represent Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0010
13. G) Approval of the re-appointment of Richard Metivier to the Denton County Building and Property Committee to represent Precinct Three, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0011
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. C) Approval of the Supplement Agreement to the North Texas Tollway Authority (NTTA) Agreement for the Lewisville Lake Bridge Corridor in the amount of $202,176.85, for a total contract amount of $1,388,079.75, and any appropriate action. (Briefing 12-21-04)
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0012
ITEM 16 ADDENDA
16. A) Approval of revisions to the 2005 Cafeteria Plan between Public Employees Benefit Cooperative (PEBC) and Denton County, Texas, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0013
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 9:30AM
Reconvened in Formal Session 1:43PM
Commissioner Jacobs and Mitchell were 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 or District Court after demand.
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. F) 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. G) Deliberations about Real Property: Texas Government Code, Section 551.072: Disposition of certain property in the area of the City of The Colony.
15. H) 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.
16. B) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation.
Texas Government Code, Section 551.071 (1) (A); Cause No.2004-31122-211,
Constable Larry Floyd v. Denton County Commissioners Court. DA/Civil
NO ACTION ANY OF THE ABOVE EXECUTIVE SESSION ITEMS
15. E) 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.
Move to approve termination by Judge Horn , seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0014
ITEM 19 ADJOURNMENT 1:45PM
This set of minutes for January 4, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
