Denton County, Texas, Seal

Denton County Commissioners Court
Denton County Commissioners Court
Courthouse-on-the-Square
110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes


Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.


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 31, 2006.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

By:

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 31st 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 Sandy Jacobs, 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 Jim Heath.

Dr. Burton: Pray with me, please. Oh, Lord, our Lord, how majestic is Your name in all of the earth. We know that all of our efforts, Lord, toward justice and health and peace and prosperity are in vein apart from You. And so we seek your presence. And we pray Your blessing upon the state of this nation and all who serve this nation and all who serve our cities and our states and all who serve this county. We thank You for the gift of life. And we thank You for the gift of healing. And we seek Your guidance that all that is said and done here today may be pleasing to You. For Jesus' sake. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Report on the Town of Roanoke, Texas by Mayor Scoter Gierisch. Commissioner, Precinct #4
NO ACTION

ITEM 1 PUBLIC INPUT

Richard Cook spoke on the Upper Trinity Regional Water District.

Sue Tejml spoke on the Upper Trinity Regional Water District.

Jody Smith spoke on the Upper Trinity Regional Water District.

Cynthia Mitchell spoke on Go Red Month.

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 Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0073

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of renewal of bid for Transportation of Human Remains, Bid #01-05-1653, to Slay Memorial Funeral Center, and any appropriate action. (Briefing 1-24-06)

BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.

7. B) Approval of Budget Amendment Request #100420 for Operating Equipment for Sheriff’s Department in the amount of $9,553, and any appropriate action. (Briefing 1-24-06)

7. C) Approval of Budget Amendment Request #100430 to increase revenues and allocate expenditures for Training &Education for CHOS Museum in the amount of $400, and any appropriate action. (Briefing 1-24-06)

7. E) Approval of Budget Amendment Request #100460 for Operating Equipment for Denton County Government Center in the amount of $2,500, and any appropriate action. (Briefing 1-24-06)

7. F) Approval of Budget Amendment Request #100470 for asbestos removal that was required as a result of remodeling for elections storage at 300 E. McKinney Street including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Facilities Management in the amount of $29,620, and any appropriate action. (Briefing 1-24-06)

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.) Phoebe Fireall, Corporal/Communications/Communications; Kenneth Sissney, Animal Control Officer/Sheriff; Donny McDonald, Detention Officer I/County Jail; Jon Causseaux, Detention Officer I/County Jail; Mark Currier, Deputy Sheriff – Transport/County Jail; Kelly Smith, Court Administrator/393rd District Court; Jesse Garn, Systems Support Specialist/Information Services; Rena Garza, Deputy Clerk – Courts/County Clerk; Yolan Yasmin Williams, Adult Probation Officer/CSCD (Adult Probation); Jodi Ashbaugh, Assistant WIC Program Director (PT)/WIC – Administration; Aurora Sandoval, Nutritionist II/WIC – Administration; Nimisha Mehta, Primary Care Clinician/Public Health.

OTHER DEPARTMENTS

13. A) Approval of Building Usage Request from Denton County District Attorney’s Office for use of the Denton County Courts Building, Thursday, April 27, 2006, for the purpose of National Crime Victim’s Rights Week Program from 6:00 pm to 10:00 pm, and any appropriate action. Aide-to-the-Court (Briefing 1-24-06)

13. B) Approval of Building Usage Request from Andy Rogers (Phi Nu Alpha UNT) for use of the Commissioners Courtroom at the CHOS, Saturday, February 11, 2006, for the purpose of a Public Performance of Trial by Jury from 1:00 pm to 2:30 pm, and any appropriate action. Aide-to-the-Court (Briefing 1-24-06)

13. C) Approval of Building Usage Request from Denton County Democratic Party for use of the Commissioners Courtroom at the CHOS, the 2nd Thursday of each month, for the purpose of a monthly meeting from 6:30 pm to 9:00 pm, and any appropriate action. Aide-to-the-Court (Briefing 1-24-06)

LEGAL

14. B) Approval of Flexible Benefits Plan Administrative Services Agreement between PayFlex Systems USA, Inc., a Nebraska corporation and the County of Denton in the State of Texas, as a member of the Public Employee Benefits Cooperative of North Texas, and any appropriate action. (Briefing 1-24-06)

14. E) Approve Info-Cop Mobile Data Computer System Software Maintenance Agreement between Denton County and GTBM, Inc., and any appropriate action. (Briefing 1-24-06)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0074

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 Law Offices of James Horton, delete per department;
$ 175.00 to Bannon & Associates, not attending conference;
$ 146.90 to Holiday Inn Hotel & Suites, not attending conference;
$ 45.00 to Norwood, Mark, not attending conference;
IC $ 4,332.19 to Data Rx Management, duplicate payment;

ADDITIONS—
GENERAL
Telephone $ 3,102.97 to AT&T svc – local service;
SO $ 328.00 to Office of the Governor, document request, Jaworski vs. Denton County;
Recycling $ 39,068.00 to Santex Truck Center, 2006 International CF500;
Juv Prob $ 60.00 to Burkley Harkless, mead advance – Juv Transport;
$ 60.00 to Lydia Rambo, meal advance – Juv Transport;
$ 126.36 to Garden Suites Hotel, Juv Transport lodging;
DA Chpt 59 $ 125.00 to 2nd Court of Appeals, filing fees – 2005-20008-158;
03 Tax Notes $ 98,498.95 to Travelers Casualty & Ins Co, final retainage – Harrison Quality Construction/Food Lion.

Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0075

ITEM 6 PURCHASING

6. B) Approval of exemption from bidding for Sole Source purchase for Election Ballots from Hart Intercivic according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0076

6. C) Approval of use of FY05 Certificates of Obligation funds and approval of specifications and authority to advertise for Boiler Replacement – Denton County Law Enforcement Center, Bid #12-05-1739, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0077

ITEM 7 BUDGET

7. D) Approval of Budget Amendment Request #100450 for Miscellaneous Building Maintenance including the transfer of funds from Courthouse Security Unappropriated Contingency for Courthouse Security in the amount of $1,000, and any appropriate action. (Briefing 1-24-06)

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0078

7. G) Approval of Budget Amendment Request #100480 for Keys and Locks and Election Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Election Administration in the amount of $52,585, and any appropriate action. (Briefing 1-24-06)
RETURN TO LATER IN MEETING

ITEM 13 OTHER DEPARTMENTS

13. D) Approval of an Acknowledgement of Receipt of Notice from the North Texas Tollway Authority regarding the issuance of any anticipated revenue bonds, and any appropriate action. County Judge (Briefing 1-24-06)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0079

13. E) Approve the payment of funds to TxDOT in the amount of $32,639.54 from the Better Safer Roads Program – US377 North Project, Auditor No. 7457 in Precinct 1, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0080

13. F) Approval of the re-appointment of Mr. Russell Kerbow to the Citizens Board of Appeals, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0081

13. G) Approval of the re-appointment of Mr. Coby Waddill to the MHMR Board of Trustees, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0082

13. H) Approve new 2004 State Homeland Security Grant Program Sub recipient Award from the Governor’s Division of Emergency Management in the amount of $450,800.00, and any appropriate action. Emergency Services

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0083

13. I) Approval of the re-appointment of Mr. Brent Kuhn to the Lake Ray Roberts Planning & Zoning Committee, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0084

13. J) Approve the re-appointment of Peter B. Lane to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0085

13. K) Approve the re-appointment of Kenneth L. Ingram to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0086

ITEM 14 LEGAL

14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14. C) Approval of the reimbursement of $3,890.00 to the City of Lewisville pursuit to the MOU between Denton County and the various cities participating in the funding of the improvements of SH 121 executed on March 24, 2005, and any appropriate action. (Briefing 1-24-06)

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0087

14. D) Approval of the reimbursement of $600,00.00 to the City of Grapevine pursuit to the MOU between Denton County and the various cities participating in the funding of the improvements of SH 121 executed on March 24, 2005, and any appropriate action. (Briefing 1-24-06)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0088

14. F) Approval of the Records Management and Imaging Service Agreement between Denton County, Texas and ACS State & Local Solutions, Inc., and any appropriate action. (Formal 1-24-06)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0089

14. G) Authorize the Sheriff’s Office to Submit an Application for a STEP Wave Grant, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0090

14. H) Approval of the Service Agreement between Denton County and MHMR, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0091

14. I) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas, and the City of Denton, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0092

14. J) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas, and the City of Denton, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0093

ITEM 16 ADDENDA
16. A) Approve the re-appointment of Dr. Bettye Meyers to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0094

16. B) Approve the re-appointment of Michael Roby to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0095

16. C) Approval of the re-appointment of Mrs. Glenna Krueger to the Lake Ray Roberts Planning & Zoning Committee, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0096

ITEM 7 BUDGET
7. G) Approval of Budget Amendment Request #100480 for Keys and Locks and Election Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Election Administration in the amount of $52,585, and any appropriate action. (Briefing 1-24-06)

Move to approve with amount changed to $13,271 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0097
Discussion of item in Commissioners Court Transcript to minutes. (Page 44 & 65)

ITEM 17 RECESS 10:25AM
ITEM 18 RECONVENE 10:29AM

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 10:30AM
Reconvened in Formal Session 11:26AM

Commissioner White arrived during 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.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS

15. E) Consultation with Attorney, Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss claim of John & Crystal Farr.

Move to assign this case to the Civil Division of the DA’s Office by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0098

15. F) Deliberations about Real Property, Texas Government Code, Section 551.072; Discussion of bids for two (2) parcels of real property through the sealed bid procedure administered by the Denton County Commissioners Court, provided for in Texas Local Government Code Section 263.007; the real properties are described as: (a) a vacant lot located at 624 Railroad Avenue, Denton, Texas, 76209, and (b) a vacant lot located at 903 Allen Street, Denton County, Texas 76205.

16. D) EXECUTIVE SESSION - 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. DA/Civil Division
NO ACTION ON EXECUTIVE ITEMS 15F OR 16D

16. E) EXECUTIVE SESSION - Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Claim of Louis Rizzo. DA/Civil Division

Move to assign this case to the Civil Division of the DA’s Office by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0099

ITEM 19 ADJOURNMENT 11:27AM

This set of minutes for January 31, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.