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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 15, 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 15th 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 Sandy Jacobs, 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 John Polster, ITS, followed by the Pledges of Allegiance to the American and Texas Flags led by Cynthia Mitchell, County Clerk.
Mr. Polster: Let us pray. Father God, we do come to You this morning to give
You thanks for the mercy You show on us each day. We pray, Lord, that as Your
word says that the fear of the Lord is the beginning of all wisdom. We just pray
Lord that You would bestow wisdom upon us and that You would be with this Court
and let them make decisions according to Your purpose. In Christ's name we pray.
Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth spoke on the Confederate Memorial.
ITEM 2 CONSENT AGENDA
(Item 7A pulled for NO ACTION.)
AUDITOR
5. B) Approve the Renewing of the Contract with Justice Benefits, Inc. for Federal Funding Enhancement Services, and any appropriate action. (Briefing 3-08-05)
PURCHASING
6. A) Approval of award of bid for Mobberly Road Culvert, Bid #12-04-1652, to Calvert Paving Corporation, and any appropriate action. (Briefing 3-08-05)
6. B) Approval of specifications for RFQ #02-05-1669 for County Road Reconstruction & Paving Rehabilitation Engineering Services; appointment of an Evaluation Committee to include Beth Fleming, a representative from Civil DA and Chris Steubing, and any appropriate action. (Briefing 3-08-05)
6. C) Approval of specifications and authority to advertise for Vending Services, RFP #03-05-1672, and any appropriate action. (Briefing 3-08-05)
BUDGET
7. B) Approval of Budget Amendment Request #100650 for Consultant Fees including the transfer of funds from Non-Departmental-Regular Unappropriated Contingency for Non-Departmental in the amount of $2,000, and any appropriate action. (Briefing 3-08-05)
7. C) Approval of Budget Amendment Request #100690 for Evidence Expense for D.A. – CPS Division in the amount of $2,500, 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.) Matthew Wiebe, Misdemeanor Prosecutor II/Criminal District Attorney; Susan Myrlin, Chemical Abuse Program Coordinator/Juvenile Community Corrections Grant; Richard Guditis, Lieutenant-Patrol/Sheriff; David Strickland, Jr., Detention Office I/County Jail; Chad Archer, Detention Officer I/County Jail.
LEGAL
14. B) Approval of Amendment #1 to the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the BUS 377 E Project at Pilot Point High School, CSJ 0081-14-005, and any appropriate action. (Briefing 3-08-05)
14. C) Approval of Amendment #1 to the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for FM 428 from US 377 to Aubrey High School, CSJ 0817-01-020, and any appropriate action. (Briefing 3-08-05)
14. D) Approval of the First Amendment to the Chapter 381 Tax Incentive Agreement between Denton County, Texas, and Flowers Baking Company of Denton, a Texas limited liability company, and any appropriate action. (Briefing 3-08-05)
14. E) Approval of the Project for a 2 course penetration Chipseal on Cedar Lane for a distance of approximately 2165 feet located in the City of Oak Point and the Interlocal Cooperation Agreement (“ICA”) between the City of Oak Point and Denton County, Texas, for a 2 course penetration Chipseal on Cedar Lane for a distance of approximately 2165 feet in the City of Oak Point, and any appropriate action. (Briefing 3-08-05)
14. F) Approval of the Agreement exercising option to renew the Contract between Denton County and Richmond Communications Group, Inc., and any appropriate action. (Briefing 3-08-05)
Move to approve Consent Agenda with the exception of Item 7A by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-0168
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
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 $ 1,354.99 to City of Denton Utilities, incorrect amount;
$ 25.00 to Nunez, Aurora Flores – Interpreter, incorrect amount;
$ 500.00 to Crosbie Moraine – Attys, incorrect amount;
$ 400.00 to Trantham, Bill – Attorney, incorrect vendor;
$ 1,850.00 to Cliff Jenkins, PI, incorrect amount;
$ 42.00 to Misc Vendor, incorrect vendor;
ADDITIONS—
GENERAL
SO $ 175.00 to Texas Department of Licensing & Reg, application fee;
Civil DA $ 41.50 to Pam Densmore, litigation exp – DA.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-01695. C) Approve Denton County’s 2005 Unreimbursed Health Care Expenditure Report, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0170
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, April 12, 2005 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use District for a zoning change from Planned Development (PD) to Agriculture (AG) for Abstract 790, Tracts 1, 2, & 9 as recommended by the Lake Ray Roberts Planning & Zoning Commission and the Planning Department, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0171
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
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-017213. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds. Commissioner, Precinct #2
NO ACTION13. C) Approve the re-appointment of Hugh and Scarlett Long to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-017313. D) Approval of Building Usage Request on Saturday 19, 2005, from 10:45 am to 3:00 pm, Courthouse on the Lawn for Peace Action Denton Peace Event, including musicians, speakers, educational brochures, (will be putting up pop-up tent), and any appropriate action. Aide-to-the-Court
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0174
ITEM 16 ADDENDA
16. A) Approval of modifications to the Transportation Roads Improvement Program (TRIP – 04), and any appropriate action. County Judge
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0175
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. G) Approval of the Project to improve and widen Memorial Drive and access thereto, form 700 feet west of Paige Road to 300 feet east of Worley and the Interlocal Cooperation Agreement between the City of The Colony and Denton County, Texas, to improve and widen Memorial Drive and access thereto, from 700 feet west of Paige Road to 300 feet east of Worley, and any appropriate action. (Briefing 3-08-05)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-017614. H) Approval of the Donation Deed between Denton County, Texas, and Kevin Wade and Sheila Luster for the Bonnie Brae Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0177
ITEM 16 ADDENDA
16. B) Approval of the Donation Deed between Denton County, Texas, and Charlie and Brenda O’Shel for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-017816. C) Approval of the Donation Deed between Denton County, Texas, CJW Partners, Ltd., for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-017916. D) Approval of the Donation Deed between Denton County, Texas, Michael and Michele Boyd for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-018016. F) Approval of the Donation Deed between Denton County, Texas, Timothy A. Frye for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-018116. G) Approval of the Donation Deed between Denton County, Texas, Lynda Matthews for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-018216. E) Approval and acceptance of the Deed between Denton County, Texas, and Rick and Donna Crider, for the Old Stoney BRINSAP Road Project for the purchase price of $2,000.00 and direction for the County Auditor to issue a warrant for the purchase cost for the Crider Property for the Old Stoney BRINSAP Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-018316. H) Approval of Amendment One to the Lease of State of Texas Registration and Title System (RTS) Information Resources and Support to Agreement for the use of State of Texas Automation Equipment Approval of the Donation Deed between Denton County, Texas, and Charlie and Michael and Michele Boyd for the Bonnie Brae Road Project, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0184
ITEM 17 RECESS 10:05AM
ITEM 18 RECONVENE 10:06AM
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 10:07AM
Reconvened in Formal Session 10:50AM15. 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, Potential Litigation pursuant to Section 551.071 (1)A), Government Code; Discuss potential claim regarding fixtures, plumbing, and security at Pretrial Detention Center.
15. E) 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 OF THE ABOVE EXECUTIVE ITEMS15. F) Approval of assignment of Cause No. 2005-60062-393; Eric Stanley, Realtor v. Don Alexander, Denton County Elections Administrator, Respondent, pending in the 393rd District Court of Denton County, Texas; to the Civil Division for representation of Denton County Elections Administrator, Don Alexander.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0185
ITEM 19 ADJOURNMENT 10:52AM
This set of minutes for March 15, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
