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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 April 19, 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 19th day of April, 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 LeDena Ferrell, Chief Administrator, Commissioner Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Hank Scheible, Veterans Service Officer.
Ms. Ferrell: Father God, we just thank You today for all of our blessings. Thank you for another day that You've blessed us and given us to enjoy. We ask You today, Lord, to just be with this family in Highland Village that's lost their precious son in the Iraqi war. Lord, just comfort them and be with them. I pray today, Lord, that You would just protect all of our troops around the world.
And, Lord, today we turn our attention now to our Court session in Denton County. We ask You to guide and direct our Commissioners Court today. Help them, Lord, to make the decisions that are wise and those that are good for the residents of Denton County. And we just thank You for all of our blessings. In Jesus' name. Amen.
ITEM 13 OTHER DEPARTMENTS
13. A-1) Approval of Legislative Policy Statement for the 79th Legislative Session relating to the Texas Health Insurance Risk Pool, specifically stating Denton County’s opposition to Senate Bill 809.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-024413. A-2) Approval of Legislative Policy Statement for the 79th Legislative Session relating to certain limitations on the Ad Valorem Tax Rates of certain taxing units, specifically stating Denton County’s opposition to House Bill 1006.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-024513. D) Approval of the Denton County Policy for the Burial or Cremation of Paupers, and any appropriate action. County Judge (Briefing 4-12-05)
NO ACTION
ITEM 2 CONSENT AGENDA
(Item 7C pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of renewal for Moving Supplies - Election Supplies, Bid #03-04-1601, to Duryea Moving and Storage, Inc., and any appropriate action. (Briefing 4-12-05)
6. B) Approval of rejection of proposal for Vending Services, RFP #03-05-1672, and any appropriate action. (Briefing 4-12-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100780 for Operating Equipment for Law Enforcement Facility in the amount of $1,431, and any appropriate action. (Briefing 4-12-05)
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.) Maritha Howard Gan, Deputy Clerk/Records Management Department; Patsy Thomas, Detention Officer I/County Jail; Randy Davis, Detention Officer I/County Jail; Jeff Cole, Detention Officer I/County Jail; Jamie Brewer, Detention Officer I/County Jail; Brianne Smith, Detention Officer I/County Jail.
8. B) Approve the designation of Kevin Carr as the HIPAA Security Officer for Denton County, and any appropriate action. (Briefing 4-12-05)
HEALTH
9. A) Approve request of a new CHIP Contract Extension for FY 2005 with the Texas Department of State Health Services (DSHS), and any appropriate action. (Briefing 4-12-05)
OTHER DEPARTMENTS
13. C) Approve the appointment of Roy Bradford as the Election Day Judge, Eddie Mullins as the Alternate Judge, and Gary Truitt as the Early Voting Ballot Board Judge for the Town of Copper Canyon Local Option Election on May 7, 2005, and any appropriate action. Número Del Orden judicial: La Orden: Para designar Roy Bradford como el día de elección Juez, Eddie Mullins como el juez alterno, y Gary Truitt como el temprano juez de votación del tablero de la balota para la ciudad de la elección local de la opción de la barranca de cobre encendido De mayo el 7 de 2005. Elections Department (Briefing 4-12-05)
13. E) Approval of Statement of Agreement between the Dallas Chapter of the American Red Cross and Denton County, and any appropriate action. Emergency Management (Briefing 4-12-05)
13. F) Approve the application for the National School Lunch Program/School Breakfast Program Contract for the 2005-2006 school year for Juvenile Probation Department, and any appropriate action. Juvenile Probation (Briefing 4-12-05)
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 Parvin Road at Doe Branch Bridge Replacement Project, CSJ 0918-46-043, Project #BR 93 (323), and any appropriate action. (Briefing 4-12-05)
14. C) 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 Mobberly Road at Little Elm Creek Bridge Replacement Project, CSJ 0918-46-044, Project #BR 93 (324) ), and any appropriate action. (Briefing 4-12-05)
14. D) 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 Mustang Road at Pecan Creek Bridge Replacement Project, CSJ 0918-46-042, Project # BR 93 (321) OX), and any appropriate action. (Briefing 4-12-05)
14. E) Approval of the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation for Bid #12-04-1652, in the amount of $72,350.00, for the Mobberly Road Culvert Project), and any appropriate action. (Briefing 4-12-05)
Move to approve Consent Agenda with the exception of Item 7C by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0246
ITEM 7 BUDGET
7. C) Approval of Budget Amendment Request #100790 to increase revenues and allocate expenditures for Economic Development Projects for Economic Development in the amount of $1,000, and any appropriate action. (Briefing 4-12-05)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0247
ITEM 8 HUMAN RESOURCES
8. C) Approve the creation of new Assistant County Service Officer position in the Veterans Service Office, and any appropriate action. (Briefing 4-12-05)
Move to approve amended to make effective date July 1, 2005 contingent on finding funding for the position by Comm. Carter, seconded by Comm. White.
Motion Carried 3-2-0 (Horn & Mitchell nay)
Court Order 05-0248
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 $ 625.00 to Vial, Hamilton, Koch, incorrect vendor;
$ 1,174.14 to West Info Publishing, not ready to pay;
$ 100.00 to Nunez, Aurora Flores – Interpreter, incorrect vendor;
$ 518.75 to Hunsucker, Ben – Atty, incorrect vendor number;ADDITIONS—
GENERAL
DA $ 110.00 to Ellis Co Sheriff, service/DA;
Sheriff $ 400.00 to PBT, reg fee – Clearman, Inman SO;
Sheriff $ 90.00 to Barry Clearman, travel advance;
Sheriff $ 547.40 to Raddison Hotel, lodging – Clearman, Inman SO;
Sheriff $ 90.00 to Chris Inman, travel advance;
2000 Road Bonds $ 21,702.35 to Whitewater Construction, Chinn Chapel Drainage;
R&B $ 11,338.75 to Alliance Area Surveying, survey, titles, testing – PWE.
Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0249
ITEM 6 PURCHASING
6. C) Approval of exemption from bidding for sole source repair of a John Deere 510D Backhoe according to the provisions of Section 262.024 (a)(7)(D) of the Local Government Code, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0250
ITEM 13 OTHER DEPARTMENTS
13. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds, and TxDOT’s MOU. Commissioner, Precinct #2
NO ACTION13. H) Approval of 1505 East McKinney construction project potential change order #1 leveling of concrete floors for an addition of $3,289, and any appropriate action. Facilities Department
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-025113. I) Approve any appropriate action for the reallocation of space at 1505 E McKinney and the Denton County Government Center at 306 N Loop 288. Facilities Department
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-025213. J) Approve any appropriate action for approval of preliminary floor plan design for the Emergency Management facility at 9060 Teasley Lane and identify funding. Facilities Department
Move to approve amended to approve the preliminary floor plan; funding to be identified at a later date, 2003-2004 tax notes by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-025313. G-1) Approve the order to approve the Denton County application for The Help America Vote Act Grant, and any appropriate action. La Orden: Para aprobar el uso del condado de Denton para el acto Grant del votode Amercia de la ayuda. Elections Department (Briefing 4-12-05)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-025413. G-2) Approval of the resolution that is required by The Help America Vote Act Grant.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 05-0255
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. F) Approval of Amendment #1 to the Contract Agreement between Denton County, Texas, and Conatser Construction Company, Bid #01-05-1659, in the amount of $34,110.00, for the Litsey Road Phase 1 Improvement Project, and any appropriate action.
Move to approve amended contingent on funds being received from the land owners by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0256
ITEM 16 ADDENDA
16. B) Approval of the Standard Terms and Conditions for Program LIMITED Service Agreement – Texas ASM/TSI/OBDII Integrated System between Denton County, Texas and Worldwide Environmental Products, Inc. and any appropriate action. DA/Civil Division
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0257
ITEM 17 RECESS 12:28PM
ITEM 18 RECONVENE 12:29PM
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 12:30PM
Reconvened in Formal Session 12:44PM15. 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 pursuant to Section 551.071 (1)(A), Government Code; Discuss status of pending case, take action on possible settlement, and other action necessary regarding Collette Johnson v. Denton County; in the 211th District Court for Denton County, Texas; Cause No. 96-50300-367.
15. E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.
15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Northport Commercial, Ltd. v. Texas Department of Transportation and Denton County, Texas, Defendants, Cause No. ED-2005-00250, pending in the Probate Court of Denton County.
15. G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); In Re: Enre, L.P., Debtor, pending in the United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division.
16. A) EXECUTIVE SESSION: 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 #2004-30045-211, pending in the 211th District Court of Denton County, Texas.
NO ACTION ON ANY OF THE EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 12:45PM
This set of minutes for April 19, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
