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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 January 10, 2006.
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 10th day of January, 2006, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Cynthia White, Bobbie Mitchell and Jim Carter were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.
Court opened with an Invocation by Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Tommy Brewer.
Dr. Burton: God, as our refuge and strength, present in time of trouble. Lord, one of the troubles that confronts us today is the threat of wildfires. We pray for the rain that You can give. We turn to You, also, Lord, to thank You for the blessings that You bestow on us in all of our lives. We pray Your presence today as we do the work that You have given us. And we pray all of this in Jesus' name. Amen.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Report on the Town of Double Oak, Texas by Mayor Dick Cook.
Commissioner, Precinct #4
NO ACTION
3. A) Approve any possible action on a disaster declaration for the prevention of and threat of wild land fires due to drought conditions in Denton County. Emergency Services
Move to approve continuation of the burn ban by Comm. Carter, seconded by
Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0009
3. A-2) Approve the Executive Order Prohibiting the use of Outdoor Combustible Products.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0010
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100320 for Repairs and Maintenance including the transfer of funds from District Clerk Records Management-Unappropriated Contingency to Denton County Courts Building in the amount of $650, and any appropriate action. (Briefing 1-03-06)
7. C) Approval of Budget Amendment Request #100330 to increase revenues and allocate expenditures for Salary, Assistant/benefits and various other line items for Crisis Counseling Services Grant in the amount of $174,792, and any appropriate action. (Briefing 1-03-06)
7. D) Approval of Budget Amendment Request #100340 to increase revenues and allocate expenditures for various line items for Criminal District Attorney and County-Wide Technology in the amount of $6,526, and any appropriate action. (Briefing 1-03-06)
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.) Thomas Naylor, Technical Services Technician/Sheriff; Gary Greener, Detention Officer I/County Jail; Dixie Roden, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant.
PUBLIC WORKS
10. A) Approve the Final Plat of Paloma Creek, Phase 4A, Precinct 1, and any appropriate action.
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0011
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 $ 250.00 to Wacker, David – Attorney, incorrect amount;
$ 120.00 to Tarrant County College, class cancelled;
DA Ck $ 132.81 to Isaacks, Bruce, should be General Fund;
ADDITIONS—
GENERAL
SO $ 172.48 to Drury Inn – Austin, lodging – Lindsey Jones;
Print/Mail $ 40,000.00 to Reserve Account, postage – Mail Room;
SO $ 245.19 to Hilton Inn – Airport, lodging – R Guditis/SO;
Misc $ 1,750.50 to Verizon Wireless Messaging, svc – Info Svcs;
$ 231.64 to Verizon Wireless Messaging, svc – TABC;
$ (34.00) to Verizon Wireless Messaging, svc – Credit/TABC;
SO $ 105.00 to Richard Guditis, San Antonio meal advance/SO;
DA $ 30.00 to Monterey County Sheriff’s Office, serve citation;
Operations $ 5,470.50 to TMA Systems, annual software support;
Disaster Rec $ 323,911.00 to Camp Copass, contract svc – Katrina Evacuees;
R&B – PWE $ 100.00 to Texas Comm on Environ Quality, stormwater permit – PWE;
R&B – RBW $ 62.27 to Sempra Energy Solutions, svc – RBW;
CSCD $ 98.33 to Verizon Wireless Messaging, svc – CSCD.
Move to approve amended bill report and auditor’s monthly financial report
for December 2005 by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0012
ITEM 6 PURCHASING
6. A) Approval of specifications and authority to advertise for Microwave Radio System, RFP #10-05-1731, appointment of Evaluation Committee to include Beth Fleming; Jody Gonzales; Alan Williams; Mark Payne, Denton 911; and Hugh Coleman as a non-voting member, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0013
ITEM 7 BUDGET
7. E) Approval of Budget Amendment Request #100350 for Office Supplies and Training & Education for HIV Education Grant in the mount of $2,000, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0014
7. F) Approval of Emergency Budget Amendment Request #100360 for Security Service including the creation of a new line item for FY 2005-2006 and the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for County Judge in the amount of $29,800, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0015
7. G) Approval of Budget Amendment Request #100370 for Operating Equipment including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Courthouse on the Square in the amount of $14,500, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0016
ITEM 8 HUMAN RESOURCES
8. B) Approve a revision to the effective date for the new Administrative Manager position in the Civil District Attorney’s office, and any appropriate action. (Briefing 1-03-06)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0017
8. C) Approve changing the Epidemiologist Position (slot #008-B1) from a full-time to a part-time position, and any appropriate action. (Briefing 1-03-06)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0018
ITEM 9 HEALTH
9. A) Approval of contract amendment for mental health services with the Department of State Health Services, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0019
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the drawing of names from the 2005 Grand Jury to serve on the Denton County Salary Grievance Committee, and any appropriate action. Aide-to-the-Court (Briefing 1-03-06)
Names drawn: Roderick Brown, Jacque Broadhurst, Kelly Stuth, John Coker, Shannon Bryan, Jackie Nelson, John Looper, Ron Evans, and Mike Woodson.
Alternate names drawn: Darren Welch, Bob McCombs, Joyce Pittman, Gilbert Martinez, Jane Brokett, Gina DePingre, Tevon Taylor, Shannon Schwartz, and Richard Muir.
THE NAMES WERE DRAWN BUT MOTION IS NOT MADE UNTIL LATER IN MEETING
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) Approval of any appropriate action related to the Attorney General
Opinion #GA-0387 (2005) holding that Government Code section 51.961 (g), which
requires one-half of the family protection fee collected in divorce suits to be
deposited in the child abuse and neglect prevention trust account to be
unconstitutional and violating the open court provisions of the Texas
Constitution article 1, section 13, concerning the family protection fee.
(Formal 1-03-06)
NO ACTION
14. C) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Krugerville for implementation of Texas Local Government Code §242.001, relative to the City’s ETJ, located in Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0020
14. D) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Highland Village for implementation of Texas Local Government Code §242.001, relative to the City’s ETJ, located in Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0021
14. E) Approval of the Change Order to the Contract for Architectural
Services between Denton County, Texas (“Owner”) and Pierce Goodwin Alexander
Linville, Inc. (PGAL) (“Architect”) for Precinct One Government Center, and any
appropriate action.
NO ACTION
14. F) Approval of the Contract for Architectural Services between Denton County, Texas (“Owner”) and Pierce Goodwin Alexander Linville, Inc. (PGAL) (“Architect”) for Precinct One Government Center, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0022
14. H) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the City of The Colony and (2) the Highland Village Volunteer Fire Department, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0023
14. I) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of The Colony, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0024
14. J) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County, Texas and (1) the City of Frisco; (2) the City of Krum; (3) the City of Plano; and (4) the City of The Colony, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0025
ITEM 16 ADDENDA
16. A) Approval of (1) Rescission of Court Order 05-0829 approved on November 8,
2005, and (2) approval of the Interlocal Cooperation Agreement between the City
of Plano and Denton County, Texas, for installation of a waterline on SH 121
along SH 121, located in Precinct 2, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0026
16. B) Approval of (1) the Real Estate Contract between Denton County and Jack Jenkins for the purchase of property for the Lake Lewisville Corridor Project, (2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Jack Jenkins and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus any fees for the purchase of the property from Jack Jenkins with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-00027
16. C) Approval of (1) the Real Estate Contract between Denton County and Jesus Juarez and Maria Juarez for the purchase of property for the Lake Lewisville Corridor Project, (2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Jesus Juarez and Maria Juarez and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus any fees for the purchase of the property from Jesus Juarez and Maria Juarez with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0028
16. D) Approval of the evaluation committee recommendation for the ranking of most qualified engineering firm for the Copper Canyon Road Project, RFQ 02-05-1666, TRIP04 Projects, Work Category F, for Rural Roadway Design, and any appropriate action. Purchasing
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0029
16. E) Approval of the evaluation committee recommendation for the ranking of most qualified engineering firm for the Smith/Schluter Road Project, RFQ 02-05-1666, TRIP04 Projects, Work Category F, for Rural Roadway Design, and any appropriate action. Purchasing
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0030
16. F) Approval of the Electric Utility Construction Agreement between Denton Municipal Electric and Denton County, Texas, for the Lake Lewisville Toll Corridor Section 1 Project, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0031
16. G) Approval of (1) the Real Estate Contract between Denton County and Douglas A. Peyton and Linda K. Peyton for the purchase of property for the Lake Lewisville Corridor Project, (2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Douglas A. Peyton and Linda K. Peyton and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus any fees for the purchase of the property from Douglas A. Peyton and Linda K. Peyton with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor, #7401, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0032
16. H) Approval of (1) the Real Estate Contract between Denton County and Quynh Duc Nguyen for the purchase of property for the Lake Lewisville Corridor Project, (2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Douglas A. Peyton and Linda K. Peyton and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus any fees for the purchase of the property from Quynh Duc Nguyen with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor, #7401, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0033
16. I) Approval of the Project for partial funding of construction work on Robinson Road and January Lane and the Interlocal Cooperation Agreement between the Town of Ponder and Denton County, Texas, for partial funding on Robinson Road and January Lane located in the Town of Ponder, Denton County, Texas, Precinct 4, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0034
16. K) Approval of the Chapter 381 Tax Rebate Agreement between Denton
County, Texas, and Stryker Corporation, a California Corporation which desires
to lease property owned by Granite Properties, Inc., located in Flower Mound,
Texas, Precinct 3, and any appropriate action. DA/Civil
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the drawing of names from the 2005 Grand Jury to serve on the Denton County Salary Grievance Committee, and any appropriate action. Aide-to-the-Court (Briefing 1-03-06)
Move to approve the names drawn by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0035
ITEM 16 ADDENDA
16. J) Approval of Change Order #3, to the Contract Agreement between Denton
County, Texas, and Conatser Construction, Bid #01-05-1659, in the amount of
$63,028.25, and an extension of the contract for an additional 20 days, for the
Litsey Road Phase 1 Construction Project, located in Precinct #4, and any
appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0036
ITEM 14 LEGAL
14. G) Approval of the renewal of the Letter of Engagement by Greg Cooke concerning Clean Air Plan for Denton County, Collin County, Dallas County, and Tarrant County, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0037
ITEM 16 ADDENDA
16. L) Approval of (1) the Contract for Purchase of Right-of-Way between Denton
County and Church Extension Investors Fund, Inc., for the purchase of property
for the FM 1171, (2) authorization to proceed with the closing and approval for
the County Judge to sign all necessary closing documents to purchase the
Right-of-Way from the Church Extension Investors Fund, Inc., and (3) direction
to the County Auditor to issue a warrant in the amount of the purchase price
plus any fees for the purchase of the property from the Church Extension
Investors Fund, Inc., with funding to come from the FM 1171 Project, Auditor
#63-7360-90-10, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0038
16. N) Approval of the formal adoption of the Hart Intercivic “System 5” Voting System for use in Denton County, Texas, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0039
ITEM 1 PUBLIC INPUT
Steven Demarsh spoke about harassment he has been receiving on a lawsuit he has
against the City of Denton and Denton County, Texas.
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 11:06AM
Reconvened in Formal Session 11:37AM
Commissioner White left after Executive Session
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); Cause No. 2005-60609-393, William E. Trantham v. Denton County, Texas, et al.
15. E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Robert Donnell Davis, Jr. v. Bruce Isaacks, et al.; In the United States District Court for the Eastern District of Texas, Sherman Division; Case no. 4:04cv333; U.S. Court of Appeals, Fifth Circuit, Case no. 05-41338.
15. F) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss Gerald DeMarsh Sr. v. Bruce Isaacks, et al.; In the United States District Court for the Northern District of Texas Fort Worth Division; Case no. 3-05CV1562-L; U.S. Court of Appeals, Fifth Circuit Case no. 05-11455.
15. G) Consultation with Attorney; Texas Government Code, Section 551.071 (1)(A); James Paton v. Denton County and Denton County Information Services, Cause #2:05-CV-125.
15. H) Consultation with Attorney; Texas Government Code, Section 551.071
(1)(A); Claim of Ken D. Martin and Associates, Inc.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
16. M) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Texas Properties Partnership vs. Town of Northlake, Denton County, Texas and Texas Department of Transportation, Cause No. ED-2002-00079, pending in the Probate Court of Denton County, Texas. DA/Civil
Move to approve authorizing Mr. Scott to act on the court’s behalf to execute
any necessary final settlement agreement involving principally the dispute
between the Texas Department of Transportation and the Plaintiff as long as all
County settlment terms remain the same as previously briefed to the Court by
Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 06-0040
ITEM 19 ADJOURNMENT 11:39AM
This set of minutes for January 10, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
