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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 29, 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 29th 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 Jim Heath, followed by the Pledges of Allegiance to the American and Texas Flags led by Peggy Capps, Chair of the Denton County Historical Commission.
Mr. Heath: Bow your heads, please. Our Heavenly Father, thank You for this
day. Thank You for this country that we live in. Be with this Court today as
they deliberate the County's business. Be with all of our service people all
throughout the world as they stand in harm's way. May we have a good day under
Your eyes. In Thy name we pray. Amen.
ITEM 13 OTHER DEPARTMENTS
13. F) 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 (Formal 3-11-05)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0194
ITEM 16 ADDENDA
16. A) Approval of a) the Project to Divide the Maintenance of Roads that the Wise/Denton County boundary line runs down the centerline and b) the Interlocal Cooperation Agreement between Denton County, Texas, and Wise County, Texas, to Divide the Maintenance of Roads that the Wise/Denton County boundary line runs down the centerline, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0195
ITEM 17 RECESS 9:10AM
ITEM 18 RECONVENE 9:24AM
ITEM 1 PUBLIC INPUT
Peggy Capps spoke on the Denton County Historical Commission.
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. (Formal 3-22-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0196
ITEM 16 ADDENDA
16. C) Approval of Interlocal Cooperation Agreement between County of Denton, City of Lewisville, and City of Denton regarding allotment of 2005 Byrne Justice Assistance (JAG) Program Award and any appropriate action. Sheriff
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Vote taken after Item 16B16. B) Approval of Public Hearing regarding allocation and intended use of 2005 Byrne Justice Assistance (JAG) Program Award requested by Sheriff Benny Parkey and Criminal District Attorney Bruce Isaacks, and any appropriate action. Sheriff
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-019716. C) Approval of Interlocal Cooperation Agreement between County of Denton, City of Lewisville, and City of Denton regarding allotment of 2005 Byrne Justice Assistance (JAG) Program Award and any appropriate action. Sheriff
Motion made before Item 16B
Motion Carried 5-0-0
Court Order 05-019816. D) Approval of 2005 Byrne Justice Assistance (JAG) Award Program application, submitted by Denton County Sheriff’s Office, and any appropriate action. Sheriff
Move to approve by Judge Horn, seconded by Comm. Jacobs.
No vote taken…
Item is discussed and then another motion and second is made.Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-019916. E) Approve Juvenile Accountability Grant Application and approval of resolution, submitted by Denton County Sheriff’s Office, and any appropriate action. Sheriff
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0200
ITEM 2 CONSENT AGENDA
(Item 8A pulled for further consideration and/or separate vote.)
TREASURER
5. C) Approve Exhibit A of the Denton County Investment Policy – List of approved broker/dealers for 2005, and any appropriate action. (Briefing 3-22-05)
5. D) Approval of MBIA, Custom Asset Management (CAM) agreement, and any appropriate action. (Briefing 3-22-05)
PURCHASING
6. A) Approval of specifications and authority to advertise for Flexible Base (Grade 1, Type A), Bid #02-05-1670, and any appropriate action. (Briefing 3-22-05)
6. B) Approval of specifications and authority to advertise for Election Supplies, Bid #01-05-1654, and any appropriate action. (Briefing 3-22-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #100720 for Comprehensive General Liability including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for Non-Departmental in the amount of $10,000, and any appropriate action. (Briefing 3-22-05)
7. D) Approval of Budget Amendment Request #100730 to reduce revenues and allocate expenditures for TJPC Counseling for Juvenile Probation-TJPC Progressive Sanctions 1-2-3 and TJPC State Aide in the amount of $138,672, and any appropriate action. (Briefing 3-22-05)
OTHER DEPARTMENTS
13. C) Approve request for acceptance of the proposal for the year 2005 Greater Denton Arts Council Grant for $1,050 for December Holiday Musicales at the Bayless-Selby House Museum and for a Soapmaking Seminar, and any appropriate action. Courthouse-on-the-Square Museum (Briefing 3-22-05)
Move to approve Consent Agenda with the exception of Item 8A by Comm. Jacobs,
seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0201
Discussion of item in Commissioners Court Transcript to minutes. (Page 28)
ITEM 8 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.) William Beard, Juvenile Detention Officer/Juvenile Detention; Thomas Drake, Juvenile Detention Officer/Juvenile Detention; Anthony Lewis, Health Services Specialist II/Jail Health Department; Michelle Pena, Captain-Communications/Communications; Jeffery Wawro, Captain/CID-Homeland Security/Sheriff; Brian Williams, Sergeant-Extraditions/Fugitive/Sheriff; Carlos Hudson, Captain-Admin./Special Units/Sheriff; Robert Wrobel, Deputy Sheriff-Patrol/Sheriff; Steven Flanagan, Lieutenant-Detention Operations/County Jail; Charles Craft, Deputy Sheriff/Patrol/Sheriff; Kimberly Leonard, Detention Officer I/County Jail; Misty Staten, Detention Officer I/County Jail; Charles Arnold, Deputy Sheriff/Sheriff; Brian Nelson, Deputy Sheriff/Sheriff; Gregory Hedges, Deputy Sheriff/Denton County Fresh Water District.
Move to approve with the exception of 8A-6 by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-02028. A-6) 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.) Steven Macsas, Assistant Chief Deputy/Operations/Sheriff.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 05-0203
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of a resolution designating April 4-10 as Public Health Week in Denton County, and any appropriate action. Health Department
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0204White left after Item 3A was passed.
ITEM 5 AUDITOR
5. A-1) 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 $ 1,450.00 to Haughton, John – Attorney, waiting on order to pay;
$ 395.25 to Lintner, Dan, incorrect amount;
$ 108.26 to Verizon Wireless Messaging, pager disconnected;
$ 500.00 to Oliver, Chance – Attorney, incorrect vendor;
$ 45.00 to Lewis, Arlene – Interpretor, duplicate payment;
$ 82.82 to C&H Distributors, order cancelled per department;ADDITIONS—
GENERAL
Leased Bldgs $ 330.15 to TXU Energy, service – Fire Marshal;
S.O. $ 2,764.83 to Progressive Concepts, service – S.O.;
Operations $ 80.00 to Texas Dept of License & Reg, renew license – Dan Melgoza;
S.O. $ 395.00 to Texas Drug & Alcohol Training Inst, reg fee – Ryan Robertson;
Urban Area $ 22,840.00 to Four Wheels of Texas, 2 – 2005 Polaris Ranger 6x6;
DA Hot Check Dept $ 120.57 to Red Lobster, lunches – Hot Check Task Force.Move to approve amended bill report and remove Vendor 2828 on page 14 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-02055. A-2) Add all mobile phone expense and the $50.25 for car allowance that would be within policy back to the Bill Report for Vendor 2828 on page 14 of the Bill Report.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0206
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100700 for Court Appointed Attorney including the transfer of funds form Non-Departmental Unappropriated Court Ordered Contingency for 393rd District Court in the amount of $85,000, and any appropriate action. (Briefing 3-22-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-02077. E) Approval of Budget Amendment Request #100750 to reallocate excess funds for computers and various other line items for County-Wide Technology in the amount of $40,715, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0208ITEM 8 HUMAN RESOURCES
8. B) Approve changes to the job description for the Engineer In Training in the Engineering Department, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0209
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 4-0-0
Court Order 05-021013. 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. D) Approve the acceptance of completion of the continuing education provisions of Texas Local Government Code, Article 81.0025 by Commissioner Jim Carter, Precinct 4, for 2004, and any appropriate action. Commissioner, Precinct 4 (Briefing 3-22-05)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-021113. E) Approve the appointment of Eugenia M. King to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0212
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. B) Approval of 1) the recession of the Public Easement Right-of-Way License Agreement between Denton County and the City of Denton regarding the fiber optic cable network to connect Denton County governmental facilities, approved by Denton County Commissioners Court on January 25, 2005, and 2) approval of the Interlocal Agreement between Denton County and the City of Denton for use of the City of Denton rights-of-way for Denton County Fiber Optic Network, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-021314. C) Approval of the Chapter 381 Tax Incentive Agreement between Denton County, Texas, and Hillwood Lakeside 2, L.P., a Texas limited partnership, and any appropriate action.
NO ACTION14. D) Approval of the Donation Deed between Denton County, Texas, and Cary Hicks for the Tim Donald Road BRINSAP Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-021414. E) Approval and Authorization for the Civil Division to hire the firm of Griffin & Jones to acquire the Dennis Bryson Right-of-Way for the Florence Road Project, and any appropriate action.
NO ACTION14. F) Approval of the Donation Deed between Denton County, Texas, and Susan Noell for the Blair Road Right-of-Way Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-021514. G) Approval of the Donation Deed between Denton County, Texas, and JP Morgan Chase Bank, N.A., Trustee of the Sue Campbell Deussen Trust and Susan McRae for the Old Stoney BRINSAP Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-021614. H) Approval of the Donation Deed between Denton County, Texas, and Lance and Katie Blackwell for the Bonnie Brae Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0217
ITEM 16 ADDENDA
16. F) Approval of Budget Amendment Request #100770 for Operating Equipment for State Homeland Security Grant in the amount of $10,157, and any appropriate action. Budget
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0218
ITEM 17 RECESS 10:25AM
ITEM 18 RECONVENE 10:26AM
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 10:27AM
Reconvened in Formal Session 10:55AM
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: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); EEOC Claim of Damarcus E. Hawkins.
15. E) Deliberation about Real Property; Texas Government Code, Section 551.072; Dennis Bryson Right-of-Way Acquisition for the Florence Road Project.
15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Kenneth W. Kirkland and Kassidy Kirkland, Plaintiffs v. County of Denton, Texas, Defendant; Cause No. 2004-20126-158, pending in the 158th District Court of Denton County, Texas and discussion of compromise settlement agreement and mutual release of all claims.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 10:55AM
This set of minutes for March 29, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
