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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 28, 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 28th 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, 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 Jim Heath, followed by the Pledges of Allegiance to the American and Texas Flags led by Olive Stephens, Mayor of Shady Shores.
Mr. Heath: Our Heavenly Father, that You for this day. Thank You for our country, for this county. Please be with our Commissioners and our Judge as they do the County's business today. Also, we thank You very much for the rains we had over the past weekend. They were very grateful. And Father, we'd be remiss if we did not ask for You to look over all of our service people throughout the world as they stand in harm's way. Take them -- keep them in care and well. In His name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the REPLAT of Lot 17, Block F, Denton Northwest Estates, Precinct #1, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Anthony Yeatts spoke.
Move to Close Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0162
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. D) Approve the resolution honoring Paula Rainey for 34 years of service to Denton County, and any appropriate action. Planning
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0163
ITEM 2 CONSENT AGENDA
(Item 7B pulled for further consideration and/or separate vote.)
PURCHASING
6. A) Approval of use of FY04 Tax Notes and approval of specifications and authority to advertise for HVAC Replacement and Repair – Denton County Sheriff’s Office Facilities, Bid #12-05-1740, and any appropriate action. (Briefing 2-21-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #100660 to increase revenues and allocate expenditures for TJPC Counseling and TJPC Institutional Care for Juvenile Probation and TJPC State Aide in the amount of $92,753, and any appropriate action. (Briefing 2-21-06)
7. D) Approval of Budget Amendment Request #100670 to increase revenues and allocate expenditures for Salary, Assistants/benefits and various supplies and equipment for 2005 Homeland Security Grant in the amount of $1,710,855, and any appropriate action. (Briefing 2-21-06)
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.)
Daniel Kent Myers, Driver/Equipment Operator/Road & Bridge, Pct 4; Paloma
Garcia, Detention Officer I/County Jail; Michael Mersch, Detention Officer
I/County Jail; Courtney Ludwig, Detention Officer I/County Jail; Amanda Jones,
Detention Officer I/County Jail; Roy Hogsed, Jr., Criminal Justice Systems
Tech/County Jail; Rachel Perry, Communications Officer/Communications.
8. B) Approve a salary correction for Kathryn Wilkinson, DOII, from pay grade 20
step 2 to pay grade 20 step 3, and any appropriate action. (Briefing 2-21-06)
PUBLIC WORKS
10. A) Approve the Final Plat of Seaside Village II at Providence, Phase 7, Precinct #1, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of Building Usage request from Peace Action Denton, for use of the CHOS Lawn on Saturday, March 18, 2006 from 10:00 am to 2:00 pm to commemorate the 3rd anniversary of the beginning of the Iraq war, and any appropriate action. (Briefing 2-21-06)
LEGAL
14. B) Approve Amendment 1 to the Texas Traffic Safety Program Grant
Agreement between the State of Texas, Denton County, and the Denton County
Sheriff’s Office, and any appropriate action. (Briefing 2-21-06)
14. C) Approval of the Donation Deed between Denton County, Texas and Ponderosa
Ranch Properties No. 2, L.P., a Texas Limited Partnership for Right-of-Way for
the Ponderosa Creekside Project, and any appropriate action. (Briefing 2-21-06)
Move to approve Consent Agenda with the exception of Item 7B by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0164
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 06-0165
3. B) Presentation by Lewisville Mayor Gene Carey, and any appropriate
action. Commissioner, Precinct #3
NO ACTION – PRESENTATION POSTPONED
3. C) Report on the Town of Northlake, Texas by Mayor Pro Tem Fred Tasker,
and any appropriate action. Commissioner, Precinct #4
NO ACTION
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 $ 190.00 to Behavior Training, incorrect vendor;
ADDITIONS—
GENERAL
367th $ 25.00 to CASA of Denton County, reg fee – Melody Carlton;
Bayless Selby $ 2,050.00 to Manex Display, mannequins;
2000 Road Bond $ 5,693.00 to Fidelity National Title Agency, ROW – Lake
Lewisville Corridor.
Move to approve amended bill report by Comm. Mitchell, seconded by Comm.
Jacobs.
Motion Carried 5-0-0
Court Order 06-0166
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100650 for Salary, Assistants/Benefits for Probate Court in the amount of $11,513, and any appropriate action. (Briefing 2-21-06)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 06-0167
7. E) Approval of Budget Amendment Request #100730 for Car Allowance/Mileage for Juvenile Accountability Grant in the amount of $3,494, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0168
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Town of Little Elm, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0169
ITEM 16 ADDENDA
16. A) Approval of award of bid for Boiler Replacement – Denton County Jail, Bid #12-05-1739 to Trevino Mechanical Contractor, for $70,708.00, and any appropriate action. Purchasing
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0170
16. B) Approval of the Verizon Wireless Messaging Services Account Agreement between Denton County, Texas and Verizon Wireless Messaging Services, LLC d/b/a Verizon Wireless, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0171
16. C) Approval of Planned Maintenance Agreement between Waukesha Pearce Industries, Inc. and Denton County, Texas acting on behalf of the Denton County Facilities Department, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0172
16. D) Approval of the Professional Service Employment Agreement for Denton County Mental Health Court between Dr. James G. Shupe and Denton County, Texas, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0173
16. E) Approval of (1) the Donation Deed and (2) the Temporary Construction Easement Agreement between W.A. Crawford and wife, Gladys Crawford for Doyle Road at Tributary Bridge, Precinct 4, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0174
16. F) Approval of (1) the Donation Deed, (2) Temporary Construction Easement Agreement and (3) Drainage Easement Agreement with the Rudman Partnership, LTD., d/b/a The Rudman Partnership, as nominee, and Rudman Real Estate Partnership I, LTD., and Rudman Real Estate Partnership II, LTD., for Navo Road Right-of-Way acquisition in Denton County 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 06-0175
16. G) Approval of Contract Agreement between Denton County, Texas and L.H. Lacy Company, LTD for Lewisville Lake Corridor Project, 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 06-0176
ITEM 17 RECESS 9:56AM
ITEM 18 RECONVENE 9:58AM
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 10:00AM
Reconvened in Formal Session 10:17AM
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: Texas Government Code, Section 551.071 (1)(A); Claim of Louis Rizzo.
Settle Mr. Louis Rizzo’s claim of driveway damage, located at 8000 Faught Rd., Denton County, Texas, in the amount of three thousand seven hundred eighty dollars and 0/100 ($3,780.00).
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0177
16. H) EXECUTIVE SESSION – Deliberation about Real Property, Texas Government Code, Section 551.072; Discussion of the selection of the 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. DA/Civil
Payment by Denton County on one-half (1/2) of the mowing liens assessed by the City of Denton against real property located at 903 Allen Street, Denton County, Texas 76205 (hereinafter “the property”), with payment to be deducted from the proceeds of the sale of the property and paid by Denton County to the City of Denton within 30 days of the sale of the property by Denton County to Habitat for Humanity of Denton County.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0178
16. I) EXECUTIVE SESSION - Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Stephany Phillips and Josey Evans, Plaintiffs vs. Denton County, Texas, Defendant, Cause No:2006-30547-211, pending in the 211th Judicial District Denton County, Texas. DA/Civil
Refer this as a tort claim under our insurance coverage to Defense Counsel with TAC under our contract with them.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0179
ITEM 19 ADJOURNMENT 10:21AM
This set of minutes for February 28, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
