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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 February 14, 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 14th day of February, 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, Kathleen Bransford.
Court opened with an Invocation by Willie Hudspeth, followed by the Pledges of Allegiance to the American and Texas Flags led by Scott Arledge, Assistant Purchasing Director.
Mr. Hudspeth: It turned out for me to give this Invocation because although I have the same problems as many of you have, I've seen the light. Healthy, wealthy and wise. Well, two out of three is not bad, so I want to praise God for this meeting and all of us today. Thank You, God, for this day. It's a good day because we're here and you're here. And we ask that You bless these proceedings and all of us, that we can come to some Resolution over the issues that come before the Court. Be with the Court, God, and guide them and give them the wisdom and knowledge that they need to come up with the solutions and the decisions that will be pleasing to You. I thank You, again, for this day and thank You all for all of those who here. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth spoke on the Confederate memorial.
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 06-0119
3. B) Report on the Town of Ponder, Texas by Mayor Pro Tem Terry Bussell.
Commissioner, Precinct #4
NO ACTION
3. C) Presentation by Mr. David Bouschor of the quarterly report of the
Denton County Alternative Dispute Resolution Program, and any appropriate
action. County Judge
NO ACTION
ITEM 2 CONSENT AGENDA
AUDITOR
5. B) Approval of Denton County’s 2006 Unreimbursed Health Care Expenditure Report, and any appropriate action. (Briefing 2-07-06)
PURCHASING
6. A) Approval of renewal for Employee Services Award Event, RFP #01-04-1594, with Circle R Ranch, and any appropriate action. (Briefing 2-07-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100530 to increase revenues and allocate expenditures for Office Supplies and Riding Program including the creation of a new line item for Grant purposes for FY 2005-2006 for Juvenile Probation and Juvenile Post Adjudication in the amount of $7,200, and any appropriate action. (Briefing 2-07-06)
7. C) Approval of Budget Amendment Request #100540 to increase revenues and allocate expenditures for various line items for Cities Readiness Initiative Grant in the amount of $112,176, and any appropriate action. (Briefing 2-07-06)
7. D) Approval of Budge Amendment Request #100560 for New Instruments and Computer Software for Telephone Department and County-Wide Technology in the amount of $2,036, and any appropriate action. (Briefing 2-07-06)
7. F) Approval of Budget Amendment Request #100580 for Office Supplies and Training & Education for Crisis Counseling Program Grant in the amount of $8,526, 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.) Michael Wade Woody, Emergency Management Spec PT/Emergency Management; Eric Hale, Mechanic/Detention Officer I/Vehicle Maintenance; Paul Pilkenton, Detention Officer I/County Jail; Francheska Simpson, Communications Officer I/Communications; Shannon Sprabary, Detention Sergeant-Medical/Jail Health Department; Kelly LaFave, Felony Prosecutor II B-FV/Criminal District Attorney; Sherry H. Wolf, Misdemeanor Prosecutor I/Criminal District Attorney; Minerva Barraza, Office Support Specialist II/Health Department.
HEALTH
9. A) Approval of DSHS contract amendment relating to the Office of Public Health Practice grant increasing it to $60,244, and any appropriate action. (Briefing 2-07-06)
OTHER DEPARTMENTS
13. A) Approve the application for the USDA School Commodity Program (school year 2006-2007), and any appropriate action. Juvenile Probation (Briefing 2-07-06)
13. B) Approval of revised Telephone Committee policies – 1.2 (Membership), 1.3 (Rules of Procedure), 2.2 (Telephone Maintenance), 2.4 (Telephone Bills), 3.3 (Fraud Control Measures), 3.4 (Lost or Stolen Calling Cards), and 5.3 (Threatening/Harassing Calls), and any appropriate action. (Briefing 2-07-06)
13. C) Approval of:
1) To Call Local Option Election – Town of Lincoln Park for “the Legal Sale
of Mixed Beverages in Restaurants by Food And Beverage Certificate Holders Only”
on May 13, 2006 at Lincoln Park Town Hall, 110 Parker Parkway, Lincoln Park ,
Texas, Denton County. To designate the Lincoln Park Town Hall as the main early
voting site, that early voting will begin May 1, 2006, that early voting will be
conducted from May 1, 2006 thru May 9, 2006. The address of the early voting
clerk is Don Alexander, P.O. Box 1720, Denton,TX 76202. La Orden: Para llamar la
elección local de la opción - ciudad del parque de Lincoln para "la venta legal
de bebidas mezcladas en restaurantes por los sostenedores del certificado de
Food y de la bebida solamente" de mayo el 13, 2006 en la ciudad pasillo del
parque de Lincoln, Parkway De 110 Parker, Parque De Lincoln, Tejas, Condado De
Denton. Para señalar la Lincoln parquee la ciudad pasillo como la cañería que
vota temprano el sitio, que la votación temprana comenzará de mayo el 1, 2006,
eso que vota temprano será conducida del de mayo 1, 2006 al de mayo 9, 2006. La
dirección del vendedor de votación temprano es Don Alexander, P.O. Caja 1720,
Denton, TX 76202;
2) To Call Local Option Election – Town of Lincoln Park for “the Legal Sale of
All Alcoholic Beverages for Off-Premise Consumption Only” on May 13, 2006 at
Lincoln Park Town Hall, 110 Parker Parkway, Lincoln Park , Texas, Denton County.
To designate the Lincoln Park Town Hall as the main early voting site, that
early voting will begin May 1, 2006, that early voting will be conducted from
May 1, 2006 thru May 9, 2006. The address of the early voting clerk is Don
Alexander, P.O. Box 1720, Denton, TX 76202; La Orden: Para llamar la elección
local de la opción - ciudad del parque de Lincoln para "la venta legal de todas
las bebidas alcohólicas para la consumición de la Apagado-Premisa solamente" de
mayo el 13, 2006 en la ciudad pasillo del parque de Lincoln, 110 ParkerParkway,
Parque De Lincoln, Tejas, Condado De Denton. Para señalar la Lincoln parquee la
ciudad pasillo como la cañería que vota temprano el sitio, que la votación
temprana comenzará de mayo el 1, 2006, eso que vota temprano será conducida del
de mayo 1, 2006 al de mayo 9, 2006. La dirección del vendedor de votación
temprano es pone a Alexander, P.O. Caja 1720, Denton, TX 76202. Elections
(Briefing 2-07-06)
LEGAL
14. C) Approve and Execute the Conditional Deed of Gift for Ceremonial Rifles on behalf of the Denton County Sheriff’s Office, and any appropriate action. (Briefing 2-07-06)
14. D) Approval of the Project to improve and extend the two southbound lanes of South Colony Boulevard from Memorial Drive to State Highway 121 and to improve and widen Paige Road from South Colony Boulevard to North Colony Boulevard and two sections of Memorial Drive and the Interlocal Cooperation Agreement between the City of The Colony and Denton County, Texas, for the Project of improve and extend the two southbound lanes of South Colony Boulevard from Memorial Drive to State Highway 121 and to improve and widen Paige Road from South Colony Boulevard to North Colony Boulevard and two sections of Memorial Drive, located in the City of The Colony, Denton County, Texas, Precinct 2, and any appropriate action. (Briefing 2-07-06)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0120
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 $ 290.00 to County Treasurers Assn, incorrect vendor/amount;
$ 10,000.00 to City of Pilot Point, incorrect vendor;
$ 914.25 to Omni/Austin Southpark, delete per department;
$ 375.00 to Texas Dept of Licensing, duplicate payment;
$ 210.00 to Perez, Arlene Lewis – Interpret, incorrect amounts;
$ 1,500.00 to Denton County Guardianship, incorrect vendor;
CORRECTIONS—
GENERAL $ 666.00 to Ft. Worth Star Telegram, incorrect amount–issue for $660.00;
ADDITIONS—
GENERAL
Treasurer $ 250.00 to Texas Assoc of Counties, dues – 3 employees;
Misc $ 16.95 to Verizon Wireless Messaging Services, svc–Medical Examiner;
$ 13.05 to Verizon Wireless Messaging Services, svc–Medical Examiner;
$ 33.05 to Verizon Wireless Messaging Services, svc–Medical Examiner;
$ 364.27 to Verizon Wireless Messaging Services, svc–Game Warden;
$ 99.00 to Verizon Wireless Messaging Services, svc–Game Warden;
$ 27.84 to Verizon Wireless Messaging Services, svc–SO/Mental Health;
$ 50.18 to Verizon Wireless Messaging Services, svc–SO/Mental Health;
$ 397.91 to Verizon Wireless Messaging Services, svc–Constable #3;
$ 99.00 to Verizon Wireless Messaging Services, svc–Constable #3;
$ 33.13 to Verizon Wireless Messaging Services, svc–SO/Jail;
$ 104.90 to Verizon Wireless Messaging Services, svc–SO/Jail;
$ 54.45 to Verizon Wireless Messaging Services, svc–SO/Jail;
$ 33.52 to Verizon Wireless Messaging Services, svc–16th District Court;
Treasurer $ 40.00 to County Treasurer’s Assoc of Tx, dues;
DA CPS $ 100.00 to Dan Smith, Sheriff of Bell Co, service – DA;
$ 34.00 to Jim Coats, Sheriff of Pinellas Co, service – DA;
$ 125.00 to Chris Scherer – Sheriff, service – DA;
Juv Prob $ 37.10 to Verizon Wireless Messaging Svcs, svc – Juv Prob;
PH – Clinic $ 34.76 to Verizon Wireless Messaging Svcs, service – Public Health.
Move to approve amended bill report by Comm. Mitchell, seconded by Comm.
White.
Motion Carried 4-0-0
Court Order 06-0121
ITEM 17 RECESS 9:35AM
ITEM 18 RECONVENE 9:50AM
ITEM 13 OTHER DEPARTMENTS
13. G) Approve the final cost sheet for the Communications Tower Project along with deposit of funds pursuant to section 4 of the Interlocal Agreement and any appropriate action, Precinct 1. Commissioner, Precinct 1
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0122
ITEM 6 PURCHASING
6. B) Approval of award of bid for the Lewisville Lake Corridor Project, Section 1, Bid #12-04-1646, to L. H. Lacy Company for $4,460,318.90 from the 2005 issue of the 91 Road Bond Projects fund and the 2005 issue of the TRIP Project fund, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0123
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. H) Approve Interlocal Agreement for Denton County to provide Microwave System Services to DENCO 9-1-1 District, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0124
ITEM 6 PURCHASING
6. C) Approval of award of bid for Microwave Radio System, RFP #10-05-1173 to Harris Corporation; authority to proceed with contracting for Phase I and II for $927,241; and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0125
ITEM 7 BUDGET
7. E) Approval of Organizational Goals, Commissioners Court Memo, Budget Planning Calendar, Budget Priorities and establishing tax rate parameters for the Budget Office to use when recommending a budget for the FY 2006-2007 budget process, and any appropriate action. (Briefing 2-07-06)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0126
7. G) Approval of Emergency Budget Amendment Request #100640 for Architect Fees for Denton County Courts Building in the amount of $44,000, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0127
ITEM 13 OTHER DEPARTMENTS
13. D) Approve the re-appointment of Scott Edward Tuxhorn to the Denton County MHMR Board of Trustees as a representative of Precinct #3, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0128
13. E) Approve the appointment of Wanda Smith to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0129
13. F) Approve the appointment of Ann Clark to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0130
13. H) Approval of the application for the ongoing Emergency Management Performance Grant covering partial salaries for Jody Gonzalez, Brad Simpkins, Jill Holbrook, and part-time employee, and any appropriate action. Emergency Services
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0131
ITEM 14 LEGAL
14. B) Approval of the Contract Agreement between Isbell Engineering and Denton County for the Foundation Repairs at the Denton County Courts Building RFQ #02-05-1665, and any appropriate action. (Briefing 2-07-06)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0132
14. E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas, and the Town of Little Elm, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0133
14. F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas, and the Town of Flower Mound, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0134
14. G) Approval of the Interlocal Agreement for Professional Service between the Counties of Tarrant, Dallas, Denton, the City of Frisco and the North Texas Tollway Authority (NTTA), as members of the Public Employee Benefit Cooperative of North Texas, with the North Central Council of Governments (NCTCOG), and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0135
ITEM 16 ADDENDA
16. A) Approve appointment of Chris Steubing to the DCTA Technical Advisory
Group (TAG), and any appropriate action. County Judge
NO ACTION
16. B) Approval of the Amendment to the Huitt Zollars Contract RFQ #05-01-1424 for the Bridge Management Program to provide design engineering for the Brush Creek Road Bridge Replacement Project (BRINSAP), and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0136
ITEM 17 RECESS 10:20AM
ITEM 18 RECONVENE 10:22AM
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 10:24AM
Reconvened in Formal Session 11:03AM
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 potential claim of the family of Nancy L. Simmons.
Move to assign this case to the Civil Division of the DA’s Office by Judge
Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0137
15. F) Consultation with Attorney: Pending Litigation; Texas Government Code,
Section 551.071 (1)(A); James Paton v. Denton County and Denton County
Information Services, Cause #2:05-CV-125.
NO ACTION ON EXECUTIVE ITEM 15F
15. G) Consultation with Attorney: Possible settlement; Texas Government Code, Section 551.071 (a)(1) & (2); PEBC – Denton County, Texas.
Move to settlement of subrogation interest on Denton County and PEBC by
accepting $10,000.00 in the case of Ernestina Lopez by Judge Horn, seconded by
Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0138
15. H) Deliberations about Real Property, Texas Government Code, Section 551.072; Discussion of the selection of bids for the 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.
Approval of the award of the sealed bid for each parcel of real property selected through the sealed bid procedure administered by the Denton County Commissioners Court, provided for in Texas Local Government Code 263.007. The real properties are described as: (a) a vacant lot located at 624 Railroad Avenue, Denton, Texas, 76209, awarded to Habitat for Humanity of Denton County for $6,600.00, and (b) a vacant lot located at 903 Allen Street, Denton County, Texas, 76205, awarded to Habitat for Humanity of Denton County for $9.075.00.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-0139
ITEM 19 ADJOURNMENT 11:06AM
This set of minutes for February 14, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
