you you I'm going to do a happy fourth of July and safe. This morning our indication will be given by Mr. Jim Heath and our pledges will be led by Amy Phillips Director of Human Resources. Will you please stand? Oh, you're here, please. I have no father. We thank thee for this day, for this country, this state, and our county. Father, be with the commissioners as the day of the county, be with the commissioners, be with the commissioners, be with the commissioners, be with the commissioners, be with the commissioners, be with the commissioners, be with the commissioners, be with the commissioners and I name we pray, amen. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. Congratulations. I'm one of the Texas flag. I pledge allegiance to the Texas one state under God. One in indivisible. Item one is for public input for items not listed on the agenda. If there's any member of the public that would like to address commissioners court, be glad to hear from you. Just ask that you can skin. Please complete a public comment form available from the aid toers court. We'd be glad to hear from you. Just ask that you can skin. Please complete a public comment form available from the age of the court. Once you're in mind, if you're going to please turn off your cell phones and pages. We have one public comment form this morning. So Mr. Willie Hadsford, Mr. Hadsford, good morning. Good. Commissioner, my name is Willie Hadsford. fellow it's 623 Newton here in Denton. I participated in the independence parade and remembered what that was all about, our independence in this country. I fought in a night fight. I went to Vietnam. I didn't want to go. I didn't see the reason for it. I didn't understand why we were there. And I noticed how erect all of you stand when we give the pledge. I noticed you stand erect and you place your hearts on your, place your hearts, place your hands on your heart, and you look directly at it and you say the words. Imagine a young African-American male just out of high school told by this country you must go. You have to go to Vietnam. I didn't know about the place. And then fight. And then fight, I was just over there. And I saw people injured and just heard kids. And I still didn't know why I was there. But I went. As you stand erect with your hands on your heart and in a rigid position and you cite the words, how many of you went? Would you go now? That's what I think true patriotism is all about. You go because you're in this country. I imagine how I felt when I returned, when I left, I had just gotten the freedom to go to school with other humans that weren't like me. When I returned, nobody was standing in line welcoming me back and saying what a good job I did. Not one person. I didn't want to go and I went and I saw just horrible things and I came back to this racist country, same situation that I left. That's what that monument stands for me. That's what it's erected there and it means to me. Remember, you were enslaved and you were still enslaved and we're going to keep you enslaved. Look around at this room. You see anybody other than one who was elected in this room who looks like me. The room meets of what I have to come back to and I have to go fighting that during war that I didn't agree with and I got no respect when I returned. That's what the monument means to me. I told you about the horse story every time I look at that monument I see my dad being talked to like he was a child. He was a broken man. He was a proud man, but he was a broken man because of this country. That's what I see when that monument out there. Now, I know you see differently. Thank God we're in a country now where I can say what I think and I'm not lynched because of it. But we still got a long way to go. There are no African Americans in this room. There are no African Americans on the wall. I'll bet you some of those rascals had slaves. That's what the monument means to me. Put it in a museum. That's what I say. If you want to keep it, put it in a museum. Don't leave it erected out there that's saying to me, I believe that it should be there, because I don't. Members, item two is a consent agenda. There are any items on the consent agenda that you need to pull for discussion or consideration, or do we have a motion for approval? Motion by Commissioner Mitchell, seconded by Commissioner Excuse me, Coleman. All in favor please say aye. Opposed? Say name. Motion to scare you. Consent agenda today consists of two a which is approval of the ordermaking appointments. We have a new employee at the Courthouse on the Square Museum. We have a new employee at the Courthouse on the Square Museum. We have a new hire in the County Jail, a new hire in public health, jail health, promotion and sheriff's department, a new hire in road bridge precinct 4 and a re-hiring CSCD. UB is approval of the Intradepart Mental Transfers to see as approval of payroll, 2D is approval of award for law enforcement, roof replacement, bid number 0212019 to AR contractors incorporated for $1,535,358. 2E is approval of specifications and 30 to advertise for lubricants and oils, bid number 0609038. 2-038 is approval of specifications and authority to advertise for bid number 06-102-037 full service landscaping. 2G is approval of specifications and authority to advertise for RP05102033 pharmaceutical services, jail health, appointing burden, Appointing, Burton, Doug Sanders, and Beth Fleming as the evaluation committee. Two H is approval of a budget amendment request 101-390 for vehicle repairs for recycling department in the amount of $2,729. Two I's approval of budget amendment request 101-400 for electrical water service for emergency management facility, any amount of $30,000 to Jay's approval of budget amendment request 101-410 for asphalt products for road and bridge precinct four, any amount of $50,000 to Kay's approval of budget amendment request 101-420 for various line-indicates for law enforcement facility, any amount of $44,000 to I's approval of the amended plat for VR estates, lots 2A and 3A, precinct 1 and 2M is approval to set a public hearing on August 3, 2010 at 9 a.m. for a reply to Denton Northwest of states, lots 15R1 and 15R2, in our two, Glowj, Pricink 1. We have another public comment farmer go back to agenda item one. And this is from Georgia, Kerway. Good morning, Georgia. Morning, Judge. Good morning, commissioners. Last week after Mr. Hudsworth was here and spoke, I asked him to join me in my office and he did. And we had a long conversation about some of the issues that he's been bringing up each week. And I realized that you all don't address those issues. But I feel that in my position as the director of museums, I can work with Willie, have conversations with him, and perhaps try to clear up some of his misconceptions about Denton County's history. One of the things that I said to him was that I understood that I could not understand or feel the pain that he feels. Nor could he feel the pain that any of us do because our lives are so different. But it was certainly a possibility for us to talk. He is accurate in some of his accusations. There were two county judges that did have slaves. That's an issue that occurred at the time and that's not something that we can change. In regards to the Confederate monument, I explained to him that week after week he had asked us to move that monument to a museum and that I was the Denton County Museum Director. There is no better historical site in my opinion than this particular location. It is the most historical site in Denton County and that the museum is an educational facility. Not only are we a tourism location, but we act in our highest way as a historical site and as an education institution. And in that we wanted to use the monument and have used the monument my entire staff is trained to use that monument as a facility to teach what actually happened here in Denton County. Willie said that he wanted us to tell the whole story. And I ask him what that story was from his perception. And he said that lynchings occurred in the county of African-American men, and that hangings occurred on the courthouse lawn. And in fact, he used the same story that he had once used before of the hanging that occurred and he saw a picture of it down at the chicken restaurant. I told him that the day that he had said that in court, I went to that restaurant. I looked at that picture. And it is a picture of John Quincy Adams Cruz. He was the last man to be hanged in Denton County. It did not occur on the Court House lawn. It occurred at the county jail on Elm Street. And he was a white man that was brought from Gainesville to be placed on trial here because they didn't feel that they would be able to give him a fair trial in Gainesville. Lily said that that photograph was still there. So I went again after I met with him last week and I looked. It is no longer there. They have replaced those photos with a bunch of historical photos. When I spoke to the manager of the restaurant, I asked her about that. And she said, well, it was simply taken down, but it was her understanding that it was an African-American male as well. And I told her there were no photos except the one that we do have, it's in our book, in fact, of J.A.Q. Cruz's hanging. And so I did explain that to Willie. He was surprised. The other thing that he and I talked about were those other things that he felt should be displayed on the courthouse lawn. One of them was that there should be a warm memorial to all soldiers and I told him there was one. He said that we needed to tell the entire story of African Americans and their history here in Denton County. I told him that we were one of the few museums that had a museum associated with him that was the Denton County African American Museum. I asked him if he'd been there he had not. So he and I are going to go and we're going to talk about that and we're going to look at those photographs and those boards and I think that it's an actual accurate presentation of what Denton County Museum, I'm sorry, the Denton County History story is, the good and the bad. As you all know, we have Quaker Town in our history. It was a terrible thing to happen, but we reflect that in that museum. The other thing he wanted us to have were depictions or representations of lynchings, hangings, and a slave auction block. I told him there was no such thing here in Denton, and certainly not at this site. This building was built in 1896, and so when he represents that this particular courthouse had that happen, it didn't. And the trees were too small for anyone to be lynched out on that courthouse when we had the early courthouses here. So those things did not happen. He agreed that he would be open to this conversation with me. So I think that the only thing that I can do is to continue to talk with Mr. Hutspith. I think it's best for us as representatives of history to be the ones to do that. He's very open to that. I'm inviting him to go with me. And I even did one other thing, and I called one of the UNT professors who is considered the top most authority on slavery issues in Texas, Dr. Mike Campbell. Mike said, you know, you're not going to be able to change a lot of people's minds. But what you can do is to use that statue to represent all those things that people do hate if that's how they feel about it. And then also to use it to educate for forgiveness. And so I think that's what we're going to do with Mr. Hutsmith. We will continue to work with him, have dialogues with him, and try to keep this as open as we can. I don't expect that I'll convince him one way or another, but he and I both walked away from this saying we're both teachers. He was a former teacher. I'm a current teacher here at the museum. And he agreed with me that we needed to talk about factual issues, we needed to talk about fairness, and he said accuracy. And so I think that he will be open to talking with me and with my staff. Thank you. Thank you, Georgia. I appreciate you taking the time to work with Mr. Suspect. A lot of times all it takes to help somebody's give them the facts if they may not have and what you perceive is something somebody else might perceive it is different so thank you I appreciate you. Okay let's go to item five. Item five is approval of the bill report page from CSCD Community Corrections TAIP. Shares training, shares forfeiture VIT, interest, DA Check V, and DA Corpsfeiture Funds are all presented for recording purposes only. We also have the auditors monthly financial report for the month of May 2010 that is presented for recording purposes only. Good morning, James Wells. Thank you, Judge Commissioners. Ask the court to prove the bills as presented with the eight deletions that have various processing concerns and one addition. Actually one of the one addition is just a correction on the vendor and one of those and that's all corrections I have. All right. We have motion from the floor. Do you have any questions? No, the approval. Motion by Commissioner Mitchell. Seconded by Commissioner Coleman. On favor, please say aye. Opposed, aye. Motion does carry. TANAE is approval of contingency allowance authorization number 18, inclusive of change order number 59 in the amount of $4,976. Change order number 60. Credit of $2,360 and change order 61 in the amount of $1,032. Thanks, Elias. I have to move. Before approval. Thank you. We have a motion by Commissioner Marchin. Chair will second other questions. Any none? In favor, please say aye. Aye. Opposed? Any motion does carry. 10B is approval of resolution of the commission's court of the Dent County, Texas to designate kind of judge of Dent County to act as this Dewey authorize the official on water right permit application. I'm with approval. Thank you. We have a motion by Commissioner Eid seconded by Commissioner Marchant just for clarification purposes. There was a deadline to get this in and one of the requirements was to have Official paperwork designated me as the having the authority to sign or Didn't counting and so this resolution will be sent in as soon as it's all completed They have a motion is second are there any other questions? You're none on favorite. Please say aye aye Your none on favor please say aye aye Posting motion does caring 10 B is approval of a resolution of the commissioner's quarter didn't kind of Texas did does it get kind of judge It didn't kind of acts as it's do we authorize the official on what a right permit application. This is the same paperwork Thank you motion by commissioner Mitchell seconded by commissioner merchant Thank you motion by Commissioner Mitchell seconded by Commissioner merchant Did I repeat myself I'm sorry. I did forget that No, we don't need that second motion. We've already done one time. Sorry. I love maybe you had had another one yeah well give me a long weekend and you know sorry about that 13A is a provost appointment of Dick Bowen called to the Lake Ray Roberts Planning zoning committee to replace Larry Smith thank you motion by Commissioner Coleman seconded by Commissioner Ead, one of the favor please say aye. Aye, put us in in. Motion goes carry. 13b is a provolid disaster declaration and executive order. I got an email from Jody saying this is not necessary. Thank goodness for all the nice rain this weekend. It's totally helped on the fire dangers. And he also said we can remove this from the agenda Barbara So it would be no action on 13b today 13c is approval water Try this again approval of waiver or denial of waiver or the penalty and interest on property tax accounts for the 2009 tax you're noted on the company paper were for them for Devon energy and nine tax you're noted on the accounting paperwork for Devin energy. Embers, I can tell you from past experience that you, and you can see from the attachment and the placements, you get pages and pages and pages of accountants on these mineral accounts. And some of the statements got separated from the checks and consequently the tax office did the best they could to match up payments and accounts and in posting came up with an overpayment sent the money that with very bold printed memo that states if This if these funds need to be posted to another council, let them know. Well, they didn't let them know until they got the delinquent statement. Now they want their penalty and interest waived. You know, if they had sent it right back and said there's an error, this does need to go to other council, it's different, but that's not what happened. So I'm of a mind to deny waiver of pennellan interest. What is the recommendation from the Texan office? There was not a recommendation. I did talk to Steve this morning and basically we discussed just exactly what I just got through seeing to you. I would really like to have that recommendation. I think they should be here. I mean, this is, I know, at least the show will be here. I'm not sure she's there today, but well, let us say at the Fade Center, Senate right back, I mean, you can see from the posting how you have pages and pages and pages of these mineral accounts. And that changes so fast. We depend on the time of us and the appraisal district all of the depend on these folks to keep these records straight and So you know if they had taken the refund check and sent it right back and said no, no This needs to be applied to other accounts that would be different, but they waited months so and I that would be different, but they waited months. So, and I agree with you, they should have sent it back, but I still think we need a recommendation from the tax assessor. They're the ones that are in control of the information and I thank you sir, job. Is that a recommendation? It's only 100 and some. All of them, commissioners. I think there's one that I'll totally you're talking a little over five five thousand hours. Are you ready to vote on it? Are you going to get a hold of Steve Mossman? I want to remit recommendation from the refund check back, well, you know, like I said, if they had sent the refund check back right away, that would be one thing, but they didn't. They were notified, you know, with the refund check that if this needed to be applied to different accounts, they needed to notify us and they did not do that. So that's where my sympathy goes out the window. Excuse me on the speech 258. Just notice the overpayment. I don't, it doesn't have a date on here. Sorry, say it again. 258. This is what they... When did they send that? Let me see here. They have an energy that has what they call a tax analyst and that's where these emails are from. And yeah, that on the page 258 that notice of overpayment went with a refund check and they didn't act on it. Had they acted at that point, it would be a different situation. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. And that's why they send that notice with a refund check saying, you know, this isn't right to let us know. I understand the point that the point of whether denied or not, I don't think that's what Commissioner Mitchell is concerned is, is that in the past we've had a representative from the tax office to explain what they recommended. In fact, the last one we did, they had x's by the ones that they had. Yeah, there were multiple accounts and I asked for that. Right. And I think her concern is having the tax office here to explain. What at least give us a little. Did you just give us a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit Okay, there's I have one more attachment here that didn't make the book It did come with The agenda posting but for whatever reason it didn't get in there And it does have a recommendation I'm glad to give it this but the recommendation is no recommendation is no to the question of recommendation and waiting the penalty and interest. This is taxpayer at opportunity. The request overages be applied to effective accounts upon notification by the tax assessor collector of overages via refund application taxpayer requested refunds to be issued and subsequently cash the refunds. I asked one more time for the tax assessor, somebody from his office when they have these to come to the commissioners court and explain these items. I mean, you know, they decide I've been told for years, area that I can't we nobody can get their balances in interest way. And now all of a sudden we get a rush of them. I want to know what's going on. I rely upon the judge for you to explain that. I'm about to talk to them. You may not say I don't feel like I'm in trouble for it. You may not say I can't you can say it for it. That's why I asked him for this recommendation. I'm sorry, didn't make your book. I'm not going to go out to pass it to everyone. Like this. Excuse me. We have a motion recognition or Coleman. They're set in the second back. No, no, no. I'll second the motion. Commissioner Eans. Here is if our employees were in some way at fault here, because if you look at the third paragraph on two thirty seven, you know, some envelopes that contain the tax pay, the tax statements were destroyed and route Batches of payments were received by the Texas Hesiclerter Office the persons who posted the batch attempted to match the statements against the payments some curious if if since there is US Post Office is involved in here too if this taxpayer mailed their payments in good faith and involved in here too. If this taxpayer mailed their payments in good faith and you know through no fault of our own through the post office we our employees mismatched what they tried to do in good faith. You know so are we? We all these lists each one of those is an account. That pages and pages of them. So that's why it takes quite a lot of time and effort to try and match up. And there's also why they sent the notice saying if this is not correct, you know, to let them know. And they did not let them know. In fact, they they'd send an email saying send the refund check. They sent the refund check and then there wasn't ever follow up until they received a Delinquent Statement. When they received the notice about the in the refund chain, had they followed up right then and said, no, this isn't correct. I totally would have said, you know, they tried to do the right thing the first time by making the payment. Have a tax service? Well, I don't know if it's a tax service, but they have this tax analyst that works for the is the Doolinko-C date, anything posted after that, I shouldn't say posted. Anything that is post-marked January 31st or before is considered by on time, even if it gets posted after that date. Well, it's post-marked before the 31st. And had they followed up? I'm just curious, the timing of everything. And I'll say, well, we're getting these all at once. But this letter from June 15th on page 239 from the Devon. I've reconciled her payments for seats, meld me. So do we know when they... I don't have a letter, I mean, I'd date on this letter when they send it out to her. I mean, is this a May letter that, I guess this is back in the fall, this overpayment? The refund was issued in March 2010. ask them to fill out. Yes sir. I know we have a motion this second but I can't support it today. There's overpayment process on January 30, 2010. That was the original overpayment. And then it appears, hold on just a second. If you look on page 239, it's a note from the tax analyst, Tudent County. I have reconciled our payments with receipts mail to me by your office and found that the refunds were an error that was not until June 15th. When I received the application for tax refunds, I stated that we had overpaid them on a account, which is not unusual for the value to change after we've mailed our payment in. When in reality this money should have been posted to the consumention of both. But it took them till June to do that, even after receiving the refund in March. I'll ask the text, I'll ask the other to be able to hear in the future. The vote today, I'm a little unclear, so I'm not going to support it, but if we want to weigh the week, I'm looking to, I week, look into it. I missed it. It's unclear. Is there any reasons we need to act on this today? We can wait a week, as far as I know. I'm not aware of why this is urgent. We need to be taken care of today. But without having talked to the tax office, I can't. I will. I talked to the tax office this I will talk to the tax I was this morning and they have not heard back from the city or the kind of sorry the city or the school district yet so it's not going to hurt to wait until next week if you'd like to. But I'd like to wait a week and I'd like for the tax assessment of somebody, some representative from his office to be here. Okay. We can do that. I'll remove my second. I'm motion. I mean, he will remove. Okay. We'll take no action on that today then. What item 14 A, which is a pro-oval of the interlocal cooperation agreement between Danny Texas and the City of Rome, Texas for the schooling road improvement project located entirely within the City of Rome, Texas and Dent and Cunney Commissioner precinct for with the Cunney agreeing to contribute in a amount which shall not exceed $1,100,000 of fund to come from Commissioner precinct for triple eight schooling road funds, ordered on line item 857-4369-070. Motion by Commissioner Ead, seconded by Commissioner Mitchell, other questions? Your none all in favor, please say aye. Aye, opposed to any? Motion does carry. 14b is approval of supplemental agreement number one to the professional services contract between Denton County, Texas and Bridge Farmer and Associates Inc. We're additional engineering and construction management services for the Louisville Lake Quarter Project sections 4 and 6 in the amount in the additional sum of $20,000 for a total revised contract amount of $213,329 the Funding and from Commissioner Pristink I, triple four Lake Lewisville quarter funds uttered a line at 7674019010. Proof approval. Second motion by Commissioner Coleman. Seconded by Commissioner Marchant. All in favor, please say aye. Aye. Aye. Posting name. Motion is carried. Item 15 is for executive session under Texas government code 551.07118. at the attorney when the government bodies seeks the advice of its attorney about pending litigation and cause number PR 2010 002 and 9 file for record in the didn't kind of probate court with that we are an executive session. Shit. The roll of one acquisition of right away and cause number PR 2010 0 2 9 2 direct the Dink County Auditor to issue warned in the amount of 31 943 dollars plus any fees made payable to the registry of the court for the Dink County statutory probate court and three direct Dink County Auditor to issue separate $13 plus any fees made payable to the registry of the court for the Dyncanny statutory probate court and three direct Dyncanny auditor to issue separate warrants for payments to special commissioners in the amount of $1,400 each to Greg Bowling, William Brotherton and Vic Burgess and at the auditor to posit all three payments in the registry of the court for the Dync Statutory Probit Court in cause number PR 2010-0029 with funding for the total amount of $36,143 to come to the Commissioner of Pricing 3, FM 1171 Improvements Project, funds Auditor 76730, I'm sorry, 609020. This is Commissioner of Pricing III. That's my motion. And I second that. Question by... Knee, seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Opposed to say a name. Motion is carried with that. We're adjourned. Everybody have a great day.