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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 18, 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 18th day of January, 2005, at 6:00 p.m. in Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas by Denton County Judge Mary Horn. Commissioners Bobbie J. Mitchell, 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 Rick Cochran, Executive Pastor of the Lakes of Trophy Club Church, Trophy Club, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Welch, Town Manager of Trophy Club.
Pastor Cochran: Let us pray. Father, we thank You so much for your goodness
and your grace and the blessings upon our lives. We thank You for the
opportunity to live in a country that is free. We ask, Dear God that You will
continue to guide and direct all of our leadership on all levels throughout our
country. We pray, Father, that You'll be with our service men and women and
their families all over the world, and that You will protect them and keep them
safe. And, Father, we ask that You be over these proceedings tonight as Your
work is done here and all that is taken care of, business of the Cities, and the
Counties. And, again, we thank You for being good to us. And we bless You. In
Jesus' precious holy name. Amen.
ITEM 2 CONSENT AGENDA
PURCHASING
6. B) Approval of renewal for Employee Service Award Event, RFP #01-04-1594, with Circle RRanch, and any appropriate action. (Briefing 01-11-05)
6. C) Approval of award of bid for Medical Supplies, Bid #10-04-1639, to Caligor, and any appropriate action. (Briefing 01-11-05)
6. D) Approval of award for Temporary Personnel Services, RFP #10-04-1638, to Express Personnel Services as the primary agency, and ProFlex Personnel LLC as the secondary agency, and any appropriate action. (Briefing 01-11-05)
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.) Michael Caley, Captain-Patrol/Sheriff; William Hall, Deputy Constable/Constable, Pct. 2; Thomas Lee Rasor, Mechanic/Welder/Road & Bridge, Pct. 4.
LEGAL
14. C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Plano, and any appropriate action. (Briefing 01-11-05)
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County, Texas and the Little Elm Public Library, and any appropriate action. (Briefing 01-11-05)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0041
ITEM 3 RESOLUTIONS
3. A) Approval of a resolution to establish the Dallas North Tollway (DNT) preferred corridor alignment North of FM 428 and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0042
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 $ 300.00 to Service Merchandise, incorrect vendor;
$ 1,250.00 to Ron Vanzura – Attorney, incorrect amount;
$ 122.01 to James s Angelino, per department;ADDITIONS—
CSCD $ 1,986.00 to State Comptroller, qtrly pymt – sexual assault fees;
GENERAL
$ 50.00 to John Looper, change fund – ME;
S.O. $ 2,984.79 to Bank One, prisoner transport;
DA CPS $ 110.00 to Constable Derick Evans, serve papers;
$ 75.00 to Pierce County Sheriff, serve papers;
$ 60.00 to Hardeman County Sheriff’s Dept, serve papers.Move to approve amended bill report by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-1 (Mitchell abstain)
Court Order 05-0043
ITEM 6 PURCHASING
6. A) Approval of transfer of Centralized Road & Bridge fixed assets to Road & Bridge-East, Precinct 1, Road & Bridge-West, Precinct 4, Engineering and Planning Departments, and any appropriate action. (Briefing 01-11-05)
Move to approve with addition of asset # 304-245, engineering v. planning, by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-00446. E) Approval of award of bid for Denton County Government Center Renovation, Bid #11-04-1643, to Harrison Quality Construction, for $1,862,000, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0045
Discussion of item in Commissioners Court Transcript to minutes. (Page 16)
ITEM 16 ADDENDA
16. B) Approval of the Interlocal Cooperation Agreement between Denton County Fresh Water Supply District (FWSD) No. 10 and Denton County, Texas, for the exchange of their respective interest in real properties, subject the execution of the Interlocal Cooperation Agreement by the Denton County Fresh Water Supply District No. 10, and any appropriate action. DA/Civil Division
NO ACTION UNTIL AFTER EXECUTIVE SESSION16. C) Approval of the Interlocal Cooperation Agreement between the Denton County Fresh Water Supply District (FWSD) No. 10 and Denton County, Texas, for the construction and maintenance of Fields Road from the intersection of Fields Road and Fishtrap proceeding south for a distance of approximately 3,718 feet to the intersection of Fields Road and U.S. Highway 380, subject to the Interlocal Cooperation Agreement by the Denton County Fresh Water Supply District No.10, and any appropriate action. DA/Civil Division
NO ACTION UNTIL AFTER EXECUTIVE SESSION
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 6:29PM
Reconvened in Formal Session 6:32PM15. 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: 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. E) 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.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 16 ADDENDA
16. B) Approval of the Interlocal Cooperation Agreement between Denton County Fresh Water Supply District (FWSD) No. 10 and Denton County, Texas, for the exchange of their respective interest in real properties, subject the execution of the Interlocal Cooperation Agreement by the Denton County Fresh Water Supply District No. 10, and any appropriate action. DA/Civil Division
16. C) Approval of the Interlocal Cooperation Agreement between the Denton County Fresh Water Supply District (FWSD) No. 10 and Denton County, Texas, for the construction and maintenance of Fields Road from the intersection of Fields Road and Fishtrap proceeding south for a distance of approximately 3,718 feet to the intersection of Fields Road and U.S. Highway 380, subject to the Interlocal Cooperation Agreement by the Denton County Fresh Water Supply District No.10, and any appropriate action. DA/Civil DivisionMove to approve 16B & 16C by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0046
ITEM 6 PURCHASING
6. F) Approval of purchase of equipment from Homeland Security Grant from Cooperative Purchasing Agreements, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-00476. G) Approval of exemption from bidding process for a Sole Source purchase of radios from Motorola Communications and Electronics, Inc. in compliance with Section 262.024 (a)(7)(A) and (D) of the Local Government Code, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0048
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100430 to increase revenues and allocate expenditures and the creation of various new capital line items for Grant Purposes for FY 2004-2005 for Urban Area Security Initiative Grant in the amount of $942,006, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-00497. C) Approval of Budget Amendment Request #100440 reallocate excess funds for various line items including the creation of new line items for Grant Purposes for FY 2004-2005 for State Homeland Security Grant in the amount of $613,854, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0050
ITEM 11 COUNTY CLERK
11. A) Acknowledge the County Clerk minutes will no longer be included in the agenda packet for approval in accordance with Local Government Code 81.003 ( c ), and any appropriate action. (Formal 01-11-05)
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of re-appointment of Bradley Moore to the Denton County Building and Property Committee from Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-005113. B) Approval of re-appointment of Stephanie Gage to the Denton County Health Advisory Board from Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0052
Discussion of item in Commissioners Court Transcript to minutes. (Page 29)13. C) Approval of re-appointment of Mrs. Ronni Cade to represent Precinct #3 on the Social Services Committee, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-005313. D) Approve the re-appointment of Dr. Derrell W. Bulls to the Building and Property Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-005413. E) Approve the re-appointment of Randy Wolf to the Building and Property Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-005513. F) Approve the re-appointment of Theresa Grant to the Health Advisory Board, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-005613. G) Approve the re-appointment of Jerry Taylor to the Social Services Organization Board, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-005713. H) Approve the re-appointment of Ben Pinnell to the Transportation Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0058
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of (1) the 2005 HMO Group Agreement; (2) the Certificate and Riders; and (3) the Plan Sponsor Attestation between Denton County, as a member of the Public Employee Benefits Cooperative of North Texas (PEBC) and Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and any appropriate action. (Briefing 01-11-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0059
ITEM 16 ADDENDA
16. A) Approval of a) the Construction Agreement, b) the Donation Deed, c) the Permanent Drainage and Utility Easement Agreement, and d) the Temporary Construction Easement Agreement between Denton County, Texas, and the Byron Nelson Special Trust for the Litsey Road Project, subject the execution of the Construction Agreement by Byron Nelson, Jon Bradley and Charles M. Summerall, the Co-Trustees of the Byron Nelson Special Trust, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0060
ITEM 1 PUBLIC INPUT
Steve White asked about the ownership of the new High School Road in Trophy Club.
ITEM 17 RECESS 6:48PM
ITEM 18 RECONVENE 7:10PM
ITEM 19 ADJOURNMENT 7:10PM
This set of minutes for January 18, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchel
