Denton County, Texas, Seal

Denton County Commissioners Court
Denton County Commissioners Court
Courthouse-on-the-Square
110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes


Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.


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 December 7, 2004.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

By:

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 22nd 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 Tom Reedy, Communications Director, Sheriff, followed by the Pledges of Allegiance to the American and Texas Flags led by Jarrett Lemke, Flower Mound Boy Scout Troop #280.

Mr. Reedy: Please join me in a moment of prayer. Father, we offer ourselves to Thee, to build with us and to do with us as Thy will. Relieve us of the bondage of self so that we may better do Thy will. Take away our difficulties so that victory over them may bear witness to those we would help of Thy power, Thy love, and Thy way of life. May we do Your will always. In Jesus' name we pray. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. A) Presentation and recognition of Jarrett Lemke for Old Alton Bridge Park Sign Project and achievement of Eagle Scout rank, and any appropriate action. Commissioner’s 1 & 4
NO ACTION

ITEM 1 PUBLIC INPUT

Willie Hudspeth spoke on the Confederate Memorial.

ITEM 5 AUDITOR

5. B) Approval of authorizing the issuance of "DENTON COUNTY, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Agreement and Special Escrow Agreement and the approval and distribution of an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date.
NO ACTION

ITEM 2 CONSENT AGENDA

TREASURER

5. C) Approval of Payroll.

PURCHASING

6. A) Approval of declaring Bucher, Willis & Ratliff Corporation as the most qualified firm for Engineering Services for PS&E for FM 407 from Briar Hill to FM 1830, authorize contract negotiations, and any appropriate action. (Briefing 3-15-05)

6. B) Approval of award of bid for Corrugated Galvanized Metal Pipe, Bid #12-04-1651, to Contech Construction Products, and any appropriate action. (Briefing 3-15-05)

6. C) Approval of report on proceeds from Surplus On-Line Auction Sale #01-05-1657 held February 10-24, 2005, and any appropriate action. (Briefing 3-15-05)

BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.

7. B) Approval of Budget Amendment Request #100670 for Prior Year Purchases for Road & Bridge, Precinct #1 in the amount of $9,582, and any appropriate action. (Briefing 3-15-05)

7. C) Approval of Budget Amendment Request #100680 for Operating Equipment for 2004 Urban Area Security Initiative II Grant in the amount of $9,933, and any appropriate action.

7. D) Approval of Budget Amendment Request #100710 for Statements of Fact for 367th District Court in the amount of $3,250, and any appropriate action.

7. E) Approval of Budget Amendment Request #100740 for Equipment Maintenance for Sheriff’s Department in the amount of $4,002, 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.) Stephanie Brackeen, Detention Officer I/County Jail; Gary Greener, Detention Officer I/County Jail; Thomas Naylor, Detention Officer I/County Jail; Scott Davis, Detention Officer I/County Jail; John Kelley, Driver/Equipment Operator/Road & Bridge, Pct 1; David Blakeley, Driver/Equipment Operator/Road & Bridge, Pct 1; Jerry Button, Detention Officer I/Crewman/Road & Bridge, Pct 1; Andrea Aeling, Officer Support Specialist II/WIC-Administration; Michael Martin, Investigator – CID/Sheriff.

LEGAL

14. B) Approval of the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for IH 35E/FM 1171 Ramp Reversal Construction Project, CAJ 0196-02-094, and any appropriate action.

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0187

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Approval of a resolution declaring March 20 – 26, 2005 as National Agriculture Week, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0188

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 $ 950.00 to Burke, Hardy – Attorney, incorrect amount;
$ 184.00 to Texas Assoc of Counties, incorrect amount;
$ 60.00 to American Association of, incorrect amount;

ADDITIONS—
GENERAL
County Clk $ 92.00 to Mayan Ranch, lodging – C Mitchell;
Homeland Sec $ 369,600.00 to Martin Apparatus, Heavy Duty Rescue;
2000 Road Bonds $ 30,651.23 to First Amer Title Insurance, Florence Rd ROW Sessions Prop.

Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0189

ITEM 13 OTHER DEPARTMENTS

13. A-1) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to a pilot program allowing for countywide voting locations in certain elections, specifically stating Denton County’s support for House Bill 758.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0190

13. A-2) Approval of the Legislative Policy Statement for the 79th Legislative Session relating to the salaries of a County Elections Administrator and the Administrator’s employees, specifically stating Denton County’s support for House Bill 2199. Preparation of a resolution supporting HB 2199.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0191

13. 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 ACTION

13. C) Approve acceptance of the certificate of completion certifying that the continuing education provisions of the Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Sandy Jacobs for the calendar year 2004. Commissioner, # Precinct 2

Move to approve by Judge Horn, seconded by White.
Motion Carried 5-0-0
Court Order 05-0192

13. D) Presentation of continuing Education Credits for 2004 for Commissioner, Cynthia White for recording purposes only. Commissioner, Precinct #1

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0193

13. E) Approval of an Adopt-A-Road program for Denton County to be administered by the individual Ex-Officio Road Commissioners, and any appropriate action. Commissioner, Precinct #1
NO ACTION

ITEM 14 LEGAL

14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

ITEM 17 RECESS 10:25AM
ITEM 18 RECONVENE 10:27AM

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 10:28AM
Reconvened in Formal Session 12:12PM

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 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) Section 551.072, Government Code: To deliberate and determine the value of certain real property owned by Denton County for possible sale or exchange.

15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); EEOC Claim of Damarcus E. Hawkins.
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 19 ADJOURNMENT 12:13PM

This set of minutes for March 22, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.