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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 March 8, 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 8th day of March, 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, Bobbie J. Mitchell, 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 Steve Mossman, County Tax Assessor/Collector, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath.
Mr. Mossman: Thank you, Judge. Join me in prayer. Father, we thank You this morning for the privilege of being in this great land. Thank You for the beauty of the creation you've placed around us. Thank you, Lord, for the privilege of governing our own affairs under Your hand. We pray, Father, this morning that You would guide the deliberations, the actions of this Court, each speaker, each presenter. Father, we pray for our troops and their respective places of responsibility in harm's way in preparing to be there. We ask that You would watch over them and protect them. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth spoke on the water fountains on the Confederate Memorial.
ITEM 2 CONSENT AGENDA
(Item 6A pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. B) Approval of specifications and the authority to advertise for RFP #12-04-1645, Local Phone Service, and any appropriate action. (Briefing 3-01-05)
6. C) Approval of specifications and authority to advertise for Janitorial Supplies, Bid #02-05-1664, and any appropriate action. (Briefing 3-01-05)
6. D) Approval of specifications for RFQ #02-05-1665 for Foundation Repairs at the Denton County Courts Building; appointment of an Evaluation Committee to include Beth Fleming, Danny Brumley and Lee Veness, and any appropriate action. (Briefing 3-01-05)
6. E) Approval of award of bid for Transportation of Human Resources, Bid #01-05-1653, to Slay Memorial Funeral Center, and any appropriate action. (Briefing 3-01-05)
6. F) Approval of renewal of contract for Elevator Maintenance, Bid #04-03-1553, to United Elevator Service, Inc. , and any appropriate action. (Briefing 3-01-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100660 for Equipment Maintenance for Courthouse Security in the amount of $13,785, 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.) Susan Leblanc, Deputy Clerk/Courts/County Clerk; Teresa Farnam, Deputy Clerk/Courts/County Clerk; Kirk Wyman, Detention Officer II/County Jail; Christina Dallas, Detention Officer II/County Jail; Eddie Rucker, Detention Officer II/County Jail; Penny Campbell, Detention Officer II/County Jail; Corey Hollis, Detention Officer II/County Jail; Nancy Stanford, Administrative Specialist I/County Jail.
LEGAL
14. C) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-VCivil- Child Abuse Prosecution Grant (C-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 3-01-05)
14. E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Little Elm, and any appropriate action. (Briefing 3-01-05)
14. F) Approval of the Supplement Agreement No. 1 to the Loop 288 East Contract between Denton County, Texas and Teague, Nall, and Perkins, Inc., and any appropriate action. (Briefing 3-01-05)
14. G) Approval and any possible action regarding the disposition of two (2) parcels of real property through the sealed bid procedure administered by the Denton County Commissioner’s Court. The real property is described as: (a) Being all that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being Lot 6 of Franks Addition, an Addition to the City of Denton, Texas, according to the Plat thereof recorded in Volume 75, Page 89, of the Deed Records of Denton County, Texas, and being the same property described in a Special Warranty Deed, dated October 1, 1991, from David Glick and Ilena Glick. Grantors, to Nancy Webb, Grantee, and recorded on November 8, 1991, under Clerks File # 56498, in Volume 3096, Page 0514, of the Real Property Records of Denton County, Texas; and (b) Being all that certain lot, tract, or parcel of land located in Denton County, Texas, as follows “Lot 6. Block 8, Alex W. Robertson Addition, and Addition to the City of Denton, Denton County, Texas,’ and being the same property described in a Warranty Deed, dated June 26, 1990, from Joe Kinney, III, Grantor, to Nancy Webb, Grantee, and recorded on July 2, 1990, under Clerks File # 29970, in Volume 2806, Page 0498, of the Real Property Records of Denton County, Texas. (Briefing 3-01-05)
14. H) Approval of the First Amendment to the Interlocal Cooperation Agreement for Road Improvements to Litsey Road between Denton County, Texas and the City of Roanoke, and any appropriate action. (Briefing 3-01-05)
Move to approve Consent Agenda with the exception of Item 6A by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0152
ITEM 6 PURCHASING
6. A) Approval of specifications for RFQ #02-05-1666 for TRIP 04 Engineering Services: appointment of an Evaluation Committee to include Beth Fleming, Thomas Keever and Chris Steubing, and appropriate action. (Briefing 3-01-05)
Move to approve with changing Thomas Keever to “a representative of the Civil Attorney’s Office” by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0153
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of proclaiming March 6 – 12, 2005 as Severe Weather Awareness Week in Denton County, and any appropriate action. Emergency Management
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-01543. B) Approval of a Resolution in support of gas tax indexing, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0155
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 $ 100.45 to TXU Energy, incorrect vendor;
$ 95.40 to Denton Record Chronicle, duplicate payment;
$ 2,210.00 to Brookshire Pharmacy, incorrect vendor;
$ 105,676.23 to Dell Financial Services, duplicate payment;
PH $ 130.00 to Texas Contractors Supply, incorrect vendor;ADDITIONS—
GENERAL
SO $ 25.00 to Midwestern State University, reg fee – Michael Truitt;
Leased Bldgs $ 40.45 to Roanoke Water Department, svc- Constable #4;
$ 30.00 to Roanoke Water Department, svc – JP #4;
$ 30.00 to Roanoke Water Department, svc – JP #4 (water);
Non Dept $ 2,210.00 to Scarbrough, Medlin & Assoc, paver machine insurance;
DA CPS $ 50.00 to Calvert County Sheriff’s Dept, service – DA.Move to approve amended bill report by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0156
ITEM 10 PUBLIC WORKS
10. A) Approval of Final Plat of Drop M Estates Addition, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0157
ITEM 8 HUMAN RESOURCES
8. B) Approve changing slot #130-SO in the Sheriff’s Office from a Sergeant position to a Deputy Sheriff position, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0158
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, and any appropriate action. County Judge
NO ACTION13. B) Approve the re-appointment of Sydney Coleman to the Denton County Building/Property Sub-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 05-015913. C) Approve the re-appointment of Dean Ueckert to the Denton County Transportation Committee, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0160
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Juvenile Child Abuse Prosecution Grant (J-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 3-01-05)
Move to approve by Comm. Carter, NO second.
Vote taken 4-0-0
NO ACTION since there was no second.14. D) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Civil-Child Abuse Prosecution Enhancement Grant (CJ-CAP-En) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 3-01-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-016114. I) Approval of Service Agreement Renewal Notice with Appriss, Inc., through the State of Texas, Office of the Attorney General for the Denton County VINE Service, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-016214. J) Approval of (1) the Motor Vehicle License Point of Sale Equipment Lease (Dealer) and (2) the Denton County Tax Assessor-Collector Point of Sale Subcontract for Motor Vehicle Renewal (Store/Merchant, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-016314. K) Approval of Amendment Number One to the Social Service Agreement between Denton County and CASA of Denton County, Inc., and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0164
14. L) Approval of the Commissioners Court, having found this lease serves a public purpose under Local Government Code §319.000, et. seq., approves the Lease Agreement between Denton County, Texas, and the Denton County Farmer’s Market Association, and any appropriate action.
Vote taken 4-0-0
NO ACTION since no motion or second.
ITEM 16 ADDENDA
16. A) Approval of the Contract Agreement between Denton County, Texas, and Conaster Construction Company, Bid #01-05-1659, in the amount of $2,516,230.60 for the Litsey Road Phase 1 Improvement Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0165
ITEM 17 RECESS 9:44AM
ITEM 18 RECONVENE 9:45AM
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 9:46AM
Reconvened in Formal Session 11:24AM15. 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 remand.
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, Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim regarding fixtures, plumbing, and security at Pretrial Detention Center.
15. G) Consultation with Attorney, Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Collette Johnson v. Denton County; in the 211th District Court for Denton County, Texas; Cause No. 96-50300-367.
15. H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Donna Meek v. County of Denton, Texas, Denton County Department of Public Works and Eddie Eugene May, Cause No: 2004-30045-211, pending in the 211th District Court of Denton County, Texas.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 14 LEGAL
14. B) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Juvenile Child Abuse Prosecution Grant (J-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 3-01-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-016614. L) Approval of the Commissioners Court, having found this lease serves a public purpose under Local Government Code §319.000, et. seq., approves the Lease Agreement between Denton County, Texas, and the Denton County Farmer’s Market Association, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0167
ITEM 19 ADJOURNMENT 11:26AM
This set of minutes for March 8, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
