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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 21, 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 21st 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, Erin McCorkle.
Court opened with an Invocation by LeDena Ferrell, Chief Administrator, Commissioner Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Planning Manager.
Ms. Ferrell: Father God, we just come to You this morning with thankful hearts. We thank You, Lord, for the rain and we just thank You for all of our blessings. We ask today now that You will be with our Court as they make important decisions that affect Denton County residents. And we just give you the praise. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Peggy Capps spoke on citizens’ input for the Denton County Historical Commission.
Jerome Lamel spoke about the Upper Trinity Regional Water District.
ITEM 2 CONSENT AGENDA
TREASURER
5. C) Approval of Payroll.
PURCHASING
6. A) Approval of report on proceeds from Surplus On-Line Auction Sale #11-05-1738 held in January 2006, and any appropriate action. (Briefing 2-14-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100590 for prior year purchases for Security Services for Courthouse Security in the amount of $16,246, and any appropriate action. (Briefing 2-14-06)
7. D) Approval of Budget Amendment Request #100610 to increase revenues and transfer funds to the 2004 Tax Notes Fund in the amount of $11,250, and any appropriate action. (Briefing 2-14-06)
7. E) Approval of Budget Amendment Request #100620 to increase revenues and allocate expenditures for Salary, Assistants/benefits for Juvenile Child Abuse Prosecution Grant in the amount of $55,157, and any appropriate action. (Briefing 2-14-06)
7. F) Approval of Budget Amendment Request #100630 for prior year purchases for Operating Supplies for Constable, Precinct #6 in the amount of $357, and any appropriate action. (Briefing 2-14-06)
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.) Joe Waddill, Detention Officer I/County Jail.
PUBLIC WORKS
10. A) Approve the Final Plat of Eagle Village at Providence, Phase 7, Precinct #1, and any appropriate action.
10. B) Approve the Final Plat of Isabel Addition, Phase A, Precinct #4, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of building Usage request from Hunter’s Creek Homeowners Association for use of the Sandy Jacobs Government Center Community Room from 7:00 pm to 9:00 pm on March 22, 2006 for the purpose of an Annual Homeowners Meeting, and any appropriate action. Aide-to-the-Court (Briefing 2-14-06)
LEGAL
14. B) Approval of 1) the Contract for Purchase of Right-of-Way between Denton County and Margaret K. Schluter for the purchase of real property for the FM 1173 Project, 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 Margaret K. Schulter and 3) direction to the County Auditor to issue a warrant in the amount of the purchase plus any fees for the purchase of the real property from Margaret K. Schluter with funding to come from the FM1173 Project, and any appropriate action. (Briefing 2-14-06)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 06-0140
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 5-0-0
Court Order 06-0141
ITEM 5 AUDITOR
5. A) Approval of Bill Repor.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS—
GENERAL $ 35.00 to West Info Publishing Group, incorrect vendor;
$ 22.05 to United Parcel Service, duplicate payment;
$ 30.00 to Nunez, Aurora Flores – Interpreter, incorrect amount;
$ 100.00 to Med Image of Denton County, incorrect vendor;
$ 200.00 to Meyer, Michael – Attorney, incorrect vendor;
$ 30.00 to Reaves, Nardi, incorrect vendor;
$ 35.00 to Castaneda, Maria, incorrect amount;
ADDITIONS—
GENERAL
DA CPS $ 150.00 to Montague County Sheriff’s Dept, service – DA;
Juv-JJAEP $ 96.00 to Hampton Inn, lodging – Rosendo Alvarado;
$ 60.00 to Rosendo Alvarado, Austin meal advance.Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-01425. B) Approve Denton County’s Quarterly Investment Report for the Period Ended 12/31/2005, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0143
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Presentation by Tom Taylor regarding an update on the Upper Trinity Regional Water District, and any appropriate action. County Judge
NO ACTIONChris Torley spoke on the Upper Trinity Regional Water District.
Sue Tejml spoke on the Upper Trinity Regional Water District.
ITEM 6 PURCHASING
6. B) Approval of the use of excess FY04 Tax Notes to pay for the emergency replacement of a Hot Water Heater - Denton County Law Enforcement Center in the amount of $10,678.00, and any appropriate action. (Briefing 2-14-06)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0144
ITEM 7 BUDGET
7. C) Approval of Budget Amendment Request #100600 for Tax Statements including the transfer of $1,111 Non-Departmental Unappropriated Regular Contingency for Tax Assessor/Collector for a total amendment of $5,751, and any appropriate action. (Briefing 2-14-06)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-01457. G) Approval of Budget Amendment Request #100680 for Contract Labor for Public Works/Planning in the amount of $4,000, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0146
ITEM 8 HUMAN RESOURCES
8. B) Approve setting the salary of the Associate Judge based on the salary of the Presiding Judge, Probate Court, at ninety percent (90%), and any appropriate action. (Briefing 2-14-06)
Salary will be raised to $119,250 and the Associate Judge’s salary will not be linked to the Probate Judge’s salary in the future.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 06-0147ITEM 9 HEALTH
9. A) Approval of swearing in of Victor Alvarez. M.D. as Health Authority and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0148
ITEM 10 PUBLIC WORKS
10. C) Approve Tuesday, March 28, 2006, 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of the Carlisle Addition – 1R, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-014910. D) Approve Tuesday, March 28, 2006, 9:10 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of the Amenities Center Lantana, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0150
ITEM 13 OTHER DEPARTMENTS
13. B) Approve the re-appointment of Judi Swayne to the Denton County MHMR Board of Trustees effective immediately, and any appropriate action. Commissioner Precinct #2
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-015113. C) Approve the re-appointment of Patti Dunn to the Denton County MHMR Board of Trustees effective immediately, and any appropriate action. Commissioner Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-015213. D) Approval of the re-appointment of Michael A. Truitt to the Building and Property Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-015313. E) Approve the drawing of additional names from the 2005 Grand Jury to serve on the Denton County Salary Grievance Committee for the year 2006, and any appropriate action. Aide-to-the-Court
James Florez, Lewisville; Mike Murphy, Frisco; Pearl O. Ford, Trophy Club; Alice Madden, Sanger; Terri M. Jones, Denton; Tom Chowning, Corinth; Reginald Logan, Denton; John C. Beck, Jr., Denton; Larry Holder, Sanger; Cliff Reding, Denton.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0154
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of the Contract Amendments to the Real Estate Contract between Denton County, Texas, and Swisher-35, Ltd, a Texas Limited Partnership for the purchase of property for the Lake Lewisville Corridor Project, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-015514. D) Approval of the Amendment to the Real Estate Contract between Denton County, Texas, and Jesus Juarez and wife Maria Juarez for the purchase of property for the Lake Lewisville Corridor Project, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0156
ITEM 16 ADDENDA
16. C) Approval of the Developer’s Participation Construction Agreement for the Old Alton Road Project between Denton County, Texas, and Mar-Properties, Ltd, a Texas limited partnership, and any appropriate action. DA/Civil
Move to approve with funding coming from Precinct 1 Discretionary Funds by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-015716. D) Approval of the Interlocal Cooperation Agreement between Denton County, Texas; Denton Independent School District and the Denton County Fresh Water Supply District #8-B, for Navo Road, located in Precinct 1, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-015816. E) Approve Agreement between Harris Corporation and Denton County, Texas for a Microwave Radio System, and any appropriate action. DA/SO
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0159
ITEM 17 RECESS 9:52AM
ITEM 18 RECONVENE 9:54AM
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 9:56AM
Reconvened in Formal Session 11:02AMCommissioner Mitchell was absent when Court reconvened in Formal 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: Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss claim from Timmy Glen Pinkston.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS15. F) Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 87 FE, Section 3, proposed purchase of lot from Little Elm Independent School District.
15. G) Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 137 FE and 137 FE2, Section 3, proposed purchase of lot from Little Elm Independent School District.
15. H) Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 104 DE, Section 3, proposed purchase of lot from Frank P. Shirazi, David Hosseiny and Khrosrow Shahazi.
15. I) Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 4, Section 1, proposed donation of real property to North Texas Tollway Authority (NTTA).
15. J) Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 5, Section 1, proposed exchange of real property between Lake Cities Municipal Utility Authority and Denton County.Move to approve Items 15F, G, H, IO, and J consistent with what state law allows and how this action has been handled in the past by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-16016. A) EXECUTIVE SESSION : Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 6 Section 1, proposed purchase of lot from Lake Dallas Independent School District. DA/Civil
16. B) EXECUTIVE SESSION : Deliberations about Real Property, Texas Government Code, Section 551.072; Lake Lewisville Corridor Project, Parcel 3 Section 1, proposed purchase of lot under Real Estate Contract from Oscar Brewer. DA/Civil
Move to approve Items 16A & B consistent with what state law allows and how this action has been handled in the past by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 06-161
ITEM 19 ADJOURNMENT 11:03AM
This set of minutes for February 21, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
