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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 17, 2007.
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 17th 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, Sandy Jacobs, and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.
Court opened with an Invocation by Dan Japhet, Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Hugh Coleman, Counsel to Sheriff.
Mr. Japhet: Will you pray? Father, we come before You today, a blessed people, by Your grace we can rule ourselves and make decisions, and, hopefully, we make those decisions with Your wisdom, Lord. Lord, it's been a long time since 9-11. Today, I want to pray for our firefighters and our police officers who protect us. Lord, the land needs rain right now. Our firefighters are working very, very hard to save homes and property. Lord, right now they need rain. They need rest, Lord. We pray for them. Lord, we thank You so much for all that you do for each one of us. We pray, Lord, You'd bless this meeting. In your son's name, Jesus Christ, we pray. Amen.
ITEM 1 PUBLIC INPUT
Cynthia Mitchell spoke on the Martin Luther King, Junior celebration, commending the African-American community in Denton and Harold Jackson.
ITEM 2 CONSENT AGENDA
(Item 6A pulled for further consideration and/or separate vote.)
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Justin Caldwell, Deputy Clerk (PT)/District Clerk; Christy Sakelaris, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant; Linda Roberson, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant; Janella Usher, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant; Robert lee Harrison, Deputy Constable (PT)/Constable, Pct. 4; Brian Adams, Juvenile Detention Officer/Juvenile Detention; Lester Newsome, Juvenile Corrections Officer/Post Adjudication; Rebecca Broussard, Communications Officer/Communications; Theresa Portales, Court Administrator/16th District Court; Budi Yulianto, Application Development Manager/Information Services.
8. B) Approve a revision to the Holiday Schedule for 2006, and any appropriate action. (Briefing 1-10-06)
LEGAL
14. B) Approval of the Supplement Agreement to the Pipeline Crossing Agreement between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, and any appropriate action. (Briefing 1-10-06)
14. C) Approval of the Amendment #4 to Contract #582-2-55082-05, between Denton County, Texas and the Texas Commission on Environmental Quality for the Low Income Repair and Replacement Assistance Program (LIRAP), and any appropriate action. (Briefing 1-10-06)
14. D) Approval of 1) the Real Estate Contract between Denton County and Clarence Roger Brunk and Nancie Marie Olsen Brunk, Trustee of the Clarence R. and Nancie M.O. Brunk Joint Living Trust 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 the Trust listed above 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 Trust listed above, with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action. (Briefing 1-10-06)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. White.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 06-0041
ITEM 6 PURCHASING
6. A) Approval of donation of gifts from Bill McFarling to the Courthouse-on-the-Square Museum, and any appropriate action. (Briefing 1-10-06)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0042
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
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 Judge Horn, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 06-0043
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 $ 400.00 to Orsburn, D. Keith – Attorney, incorrect vendor;
$ 1,607.40 to Tarrant County Auditor, incorrect vendor;
$ 385.00 to Peugh, Daniel – Attorney, incorrect amounts;
$ 666.25 to Sigma Consulting, incorrect vendor;
$ 652.00 to Medical Edge Healthcare Group, incorrect vendor;
ADDITIONS—
GENERAL
Auditor $ 168.00 to U.S. Postmaster, Box 2055 rent/Auditor;
DA $ 120.00 to Constable Derick Evans, serve papers/DA;
05 Road $ 356,598.00 to Law Offices of Eddie Vassallo, lawsuite settlement –
Speedway;
$ 213,525.89 to Conatser Construction, construction – Litsey Road.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0044
ITEM 6 PURCHASING
6. B) Approval of specifications and authority to advertise for the Lewisville Lake Corridor Project, Section 1, Bid #12-04-1646, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0045
ITEM 13 OTHER DEPARTMENTS
13. A) Approve setting jury pay amounts at $6 for the first day of appearing and $40 for the 2nd and subsequent days of appearing, and any appropriate action. District Clerk
Move to approve and make it retroactive from the first of the year by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0046
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. E) 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, and
any appropriate action. (Formal 1-03 & 10-06)
NO ACTION – HOLD UNTIL NEXT WEEK
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Report on the City of Justin by Mayor Ed Trietsch. Commissioner,
Precinct #4
NO ACTION
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100440 to increase revenues and allocate expenditures for Operating Equipment for 2003 Urban Area Security Initiative Grant in the amount of $34,575, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0047
ITEM 10 PUBLIC WORKS
10. A) Approval of the Road Closures and Detour Plans for the Strader and Blair Road Bridge Projects (BRINSAP), and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0048
ITEM 13 OTHER DEPARTMENTS
13. B) Approve the appointment of Katherine Carrington to the Denton County Child Protective Services Board and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0049
13. C) Approval of the appointment of Mr. Charles Emery as Denton County’s representative on the Regional Rail Transit System Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0050
ITEM 14 LEGAL
14. F) 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. (Formal 1-10-06)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 06-0051
14. G) 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 1505 E. McKinney, and any appropriate action. (Formal 1-10-06)
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 06-0052
14. H) Approve Joint Interlocal Cooperation Agreement for Peace Officer and Patrol Services between Denton County and Denton County Fresh Water Supply District No. 8-A, Denton County Fresh Water Supply District No. 8-B, Denton County Fresh Water Supply District No. 8-C, Denton County Fresh Water Supply District No. 9, Denton County Fresh Water Supply District No. 10, Denton County Fresh Water Supply District No. 11-A and Denton County Fresh Water Supply District No. 11-B, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0053
14. I) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas, and (1) Aubrey Area Ambulance Services, Inc., and (2) the Town of Little Elm, and any appropriate action.
Move to approve Aubrey Area Ambulance Services only by Judge Horn, seconded
by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0054
14. J) Approval of the Service Agreement between Denton County and Ann’s Haven Hospice, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0055
14. K) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas, and the Town of Little Elm, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0056
14. L) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Johnson County, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0057
14. M) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Johnson County, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0058
14. N) Approval of the Contract Agreement between Reynolds Asphalt and Construction and Denton County for the Meadow Vista Reconstruction Project, Bid #09-05-1725, in the amount of $227,950.00, in Denton County, and any appropriate action.
Move to approve with funding coming from County Roads, Precinct #1 by Comm.
White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0059
14. O) Approval of the January 6, 2006 Promissory Note between Denton County, Texas and Tami S. Morrow, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0060
ITEM 16 ADDENDA
16. A) Approval of (1) the Resolution to Impose Additional Penalty for
Collection Costs and (2) Amendment to the Contract for the Collection of
Delinquent Property Taxes between Denton County, Texas and McCreary, Veselka,
Bragg & Allen, P.C., and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0061
16. B) Approval of the Construction Management Service Contract between Denton County, Texas, and HNTB Corporation, in the amount of $923,200.00, for the Lake Lewisville Toll Bridge Project located in Precinct #1, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0062
ITEM 17 RECESS 9:45AM
ITEM 18 RECONVENE 10:02AM
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 10:03AM
Reconvened in Formal Session 10:21AM
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; Discuss David Duran v. Cassandra Duran, et al.;
In the United States District Court for the Eastern District of Texas, Sherman
Division; Cause no. 4:05cv174.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 10:21AM
This set of minutes for January 17, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
