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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 25, 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 25th 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 Jim Carter, Sandy Jacobs, 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 Tom Reedy, Communications Director, Sheriff, followed by the Pledges of Allegiance to the American and Texas Flags led by Don Alexander, Elections Adminstrator.
Mr. Reedy: Please bow your heads. Father, we offer ourselves to Thee, to build with us and to do with us as You will. Relieve us of the bondage of self so that we may better do Your will. Take away our difficulties so that victory over them may bear witness to those we would help of Your power, Your love and Your way of life. May we do Thy will always. In Jesus' name we pray, amen.
ITEM 1 PUBLIC INPUT
David S Bouschor presented the Denton County Alternative Dispute Resolution Program quarterly statistics.
ITEM 13 OTHER DEPARTMENTS
13. C) Approval of authorizing the County Judge to sign “Statement Regarding Non-Supplanting Federal Funds 2004 LETPP (Law Enforcement Terrorism Prevention Program) Grant & TechShare Program” for Juvenile Information System, and any appropriate action. (Briefing 01-18-05)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0061
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 9:40AM
Reconvened in Formal Session 9:53AM15. 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.
NO ACTION ON THE ABOVE EXECUTIVE ITEM
ITEM 16 ADDENDA
16. D) Approval of the Interlocal Agreement with Denton Independent School District regarding fiber optic network to connect governmental facilities, and any appropriate action. DA/Civil
16. E) Approval of the Public Easement Right-of-Way License Agreement between Denton County and the City of Corinth regarding the fiber optic network to connect Denton County governmental facilities, and any appropriate action. DA/Civil
16. F) Approval of the Public Easement Right-of-Way License Agreement between Denton County and the City of Denton regarding the fiber optic network to connect Denton County governmental facilities, and any appropriate action. DA/Civil
Move to approve items 16D, 16E, and 16F by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-006216. C) Approval of the following projects being submitted as candidates for submission as Congressional Demonstration Projects for the Transportation Act for the 21st Century (TEA-21) and any appropriate action. DA/Civil
1. IH 35E Additional Capacity – add an additional lane in each direction on IH 35E from the Lake Lewisville Bridge to Loop 288: Total Request $14 million.
2. IH 35E Bridge over Lake Lewisville – reconstruction of existing 6 lane bridge to its ultimate design of 10 general purpose lanes, 2 managed lanes and 6 frontage roads: Total Request $10 million.
3. Loop 288 West – construct 2-lane roadway on new alignment from IH-35N to IH-35W (Phase 1 of project): Total Request $15 million.
4. FM 2499/Section 3 – Widening of a 2-lane rural roadway to a 6-lane divided urban roadway form FM 1171 to FM 407: Total Request $12 million.
5. FM 544 – Widening of a 2 lane rural roadway to a 6-lane urban roadway to a 6-lane urban roadway from SH-121 Bypass to Dozier/Parker Road: Total Request $21 million.Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0063
ITEM 17 RECESS 9:59AM
ITEM 18 RECONVENE 10:00AM
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
5. C) Approval of the Denton County Investment Policy as amended, and any appropriate action. (Briefing 01-18-05)
PURCHASING
6. A) Approval of specifications and authority to advertise for Transportation of Human Remains, Bid #01-05-1653, and any appropriate action. (Briefing 01-18-05)
6. B) Approval of request to add an additional mobile phone to Road & Bridge West/Precinct #4 for the FY 2005 Budget, and any appropriate action. (Briefing 01-18-05)6. C) Approval to declare three analog Brooktrout fax boards as surplus and use as trade-in toward the purchase of a new Brooktrout fax board, and any appropriate action. (Briefing 01-18-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100470 for Computers for County –Wide Technology in the amount of $1,520, 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.) Carlos Amaro, Juvenile Probation Officer/Progressive Sanctions-JPO; Donna Carbonaro, Assistant Juvenile Probation Officer/Juvenile Community Corrections Grant; Denise Keith-Dimonda, Assistant Juvenile Probation Officer/Juvenile Probation Services; Phernya Fitzgerald, Assistant Juvenile Probation Officer/Juvenile Probation Services; Christie Carol Hamm, Adult Probation Officer/CSCD (Adult Probation); Katy Gathings, Secretary/CSCD (Adult Probation); Teresa Council, Health Services Specialist II/Jail Health Department; Merelee Michele Carter, Detention Officer I/County Jail; Vicki Miller, Detention Officer I/County Jail; Michael Raulston, Detention Officer I/County Jail; Angi Blagg, Deputy Clerk/Courts/County Clerk; Jennifer Garcia, Office Support Specialist II/WIC Administration; Linda Hollingshad, Intern/County Planning Department.
LEGAL
14. B) Approval of a) the Project for improvements to Garden Ridge Blvd. and b) the Interlocal Cooperation Agreement between the City of Lewisville and Denton County, Texas, for the Garden Ridge Blvd. improvement Project, and any appropriate action. (Briefing 01-18-05)
14. C) Approval of a) the Construction Project of FM 2499 from Spinks Road to FM 1171 and b) the Interlocal Cooperation Agreement between the Town of Flower Mound and Denton County, Texas, for the Construction Project of FM 2499 from Spinks Road to FM 1171, and any appropriate action. (Briefing 01-18-05)
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Carrollton Public Library, and any appropriate action. (Briefing 01-18-05)14. E) Approval of the Service Agreement between Denton County and the Boys and Girls Club of Denton County, and any appropriate action. (Briefing 01-18-05)
14. F) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Adjudication Facility between Denton County and Ellis County, and any appropriate action. (Briefing 01-18-05)Move to approve Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 05-0064
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 $ 4,000.00 to Advanced Appraisal Services, duplicate payment;
PH $ 1,106.07 to Tarrant Cty N Tx Regional Lab, incorrect amount;
ADDITIONS—
GENERAL
DPS $ 757.10 to Progressive Concepts, svc – DPS;
MISC $ 6,636.02 to Verizon Wireless Messaging, svc – SO/Const 5/Jail/16th Dist Ct;
CSCD $ 435.96 to Progressive Concepts, svc – CSCD;
$ 69.13 to Verizon Wireless Messaging, svc – CSCD;
Juv Prob $ 1,055.78 to Verizon Wireless Messaging, svc – Juv Prob/JJAEP;
PH $ 27.60 to Verizon Wireless Messaging, svc – Public Health;
BIOTERRORISM $ 5.81 to Verizon Wireless Messaging, svc – Bioterrorism.Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0065
ITEM 6 PURCHASING
6. D) Approval of specifications and authority to advertise for two 6 x 6 Utility Vehicles, Bid #01-05-1656, and any appropriate action.
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0066
ITEM 13 OTHER DEPARTMENTS
13. A) Consideration of discussing and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds. Commissioner, Precinct #2
NO ACTION13. B) Approval of Resolution in support of Recorded Texas Legislative Vote Reform, and any appropriate action. Commissioner, Precinct #2 (Briefing 01-18-05)
Move to approve with the following amendments correct “form the” to “from the” on the second bullet, correct “opened court” to “open court” in the closing, add the word “better” in front of “reform” by Comm. Jacobs, seconded by Judge Horn.
Motion Failed 2-2-0 (Horn & White nay)13. D) Approval of Appointment of Dolly Swafford as the Election Day Judge, & Ruby Nell Wortman as the Alternate Judge for the Town of Ponder Local Option Election on February 5, 2005. Elections Department
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-006713. E) Approval of Appointment of Vickie Mulkey as the Election Day Judge, & Myra West as the Alternate Judge for the City of Oak Point Local Option Election on February 5, 2005. Elections Department
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-006813. F) Appoint Early Voting Ballot Board Judges for the City of Oak Point and Town of Ponder Local Option Elections on February 5, 2005. To appoint Connie Bell as the Early Voting Count Judge, Jane Fletcher and Juanita Hannah as the Alternate Early Voting Ballot Board Judges.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-006913. G) Approve the re-appointment of John Paul Eddy to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0070
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. G) Approval of the Contract Agreement between Denton County, Texas, and Whitewater Construction, Inc., Bid #11-04-1644, in the amount of $87,237.14, for the Chinn Chapel Road Construction Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0071
ITEM 16 ADDENDA
16. A) Approval of the surveying services proposal from Teague, Nall & Perkins, Inc. for the following Road and Bridge – Brinsap Projects: (1) Sam Bass Road Bridge @ Duck Creek Brinsap Project, (2) Naylor Road Culvert Project, and any appropriate action. Engineering
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-007216. B) Approval of the proposed changes to the Contract Agreement between Denton County, Texas, and Teague Nall and Perkins Inc., for RFQ #08-04-1835 for Surveying Services, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0073
ITEM 17 RECESS 10:45AM
ITEM 18 RECONVENE 10:46AM
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 10:46AM
Reconvened in Formal Session 11:38AM15. 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. 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.
15. G) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Attorney General Opinion regarding the Denton County Ex-Officio Commissioner System.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:40AM
This set of minutes for January 25, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
