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 March 21, 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 21st day of March, 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 Barbara Looper, Aide to the Court, followed by the Pledges of Allegiance to the American and Texas Flags led by Brad Simpkins, Deputy Fire Marshal.

Ms. Looper: Shall we pray? Our dear Heavenly Father, we thank You for this day and all the many blessings. We thank You so much for this wonderful rain that You've given us this past weekend. Dear Heavenly Father, we pray that You will bless the soldiers as they are protecting this country. And dear Heavenly Father, we pray that You will bless all public officials. Dear Heavenly Father, be with this Commissioners Court that they will make the decisions that will best benefit Denton County. In Your precious name we pray. Amen.

ITEM 16 ADDENDA

16. B) Approval of a proclamation naming March 27, 2006 as “Pat Gobble Day” in Denton County and any appropriate action.-County Judge

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0206

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Approval of resolution supporting the 2005-2006 Leadership Denton Project, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0207

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 lifting of the burn ban by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0208

3. D) Presentation of concerns by Michelle and Michael Boyd regarding the South Bonnie Brae Road Project, and any appropriate action. Commissioner, Precinct #4
NO ACTION

3. E) Presentation by Sgt. Jay Webster, Texas Department of Public Safety, regarding changes in Highway Patrol for Denton County, and any appropriate action. County Judge
NO ACTION

3. C) Presentation by Tom Taylor regarding an update on the Upper Trinity Regional Water District, and any appropriate action. County Judge
NO ACTION

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of award for Ballot Boxes, Bid #01-06-1742, to Independent Tabulation, Inc. dba: Intab, Inc., and any appropriate action. (Briefing 3-14-06)

6. B) Approval of specifications and authority to advertise for RFP #02-06-1743, Independent Auditors, and any appropriate action. (Briefing 3-14-06)

BUDGET

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

7. B) Approval of Budget Amendment Request #100740 to increase revenues and allocate expenditures for Criminal District Attorney in the amount of $15,000, and any appropriate action. (Briefing 3-14-06)

7. C) Approval of Budget Amendment Request #100770 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 $34,218, and any appropriate action. (Briefing 3-14-06)

7. D) Approval of Budget Amendment Request #100790 for Office Rental Expense including the transfer of $7,450 from Non-Departmental Unappropriated Regular Contingency for CSCD (Adult Probation) for a total amendment of $9,450, and any appropriate action. (Briefing 3-14-96)

7. E) Approval of Budget Amendment Request #100800 to increase revenues and allocate expenditures for various line items for 2003 Urban Area Security Initiative Grant in the amount of $663,567, and any appropriate action. (Briefing 3-14-06)

7. F) Approval of Budget Amendment Request #100810 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various line items fro 2004 Urban Area Security Initiative Grant in the amount of $1,692,942, and any appropriate action. (Briefing 3-14-06)

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.) Chelsie Buris, Office Support Specialist II/Constable Pct #1; Crystal Carodine, Family Law Attorney II/Criminal DA-CPS Division; Theresa Taylor, Court Clerk (PT)/Justice of the Peace, Pct. 6; Debbie Hunter, Detention Officer I/County Jail; Adrian Boyce, Detention Officer I/County Jail; Christopher Tepfer, Detention Officer I/County Jail; Christie Morrison, Detention Officer I/County Jail; Melissa York, Detention Officer I/County Jail; Cynthia Head, Detention Officer I/County Jail.
8. B) Approve the creation of a Part-Time Nutrition Tech position in the WIC Department, and any appropriate action. (Briefing 3-14-06)
SHERIFF

12. A) Approve Interlocal Cooperation Agreement for School Resource Deputy between Denton County and Northwest ISD, and any appropriate action. (Briefing 3-14-06)

OTHER DEPARTMENTS

13. A) Approval of building usage request from City of Denton for use of the CHOS Lawn from 9:30 am to 2:30 pm, each Wednesday beginning May 3, 2006 thru Wednesday, June 28, 2006, for the purpose of Concerts on the Square, and any appropriate action. (Briefing 3-14-06)

LEGAL

14. B) Approval of the refund of $5,600.00, the remaining portion of the Escrow Agreement between Savannah Properties Associates, L.P., and Denton County, Texas, for the Savannah Subdivision Sections 1, 2, and 3, and any appropriate action. (Briefing 3-14-06)

14. C) Approval of the Agreement between County and Engineer for engineer, surveying, right-of-way acquisition, and construction management services between Teague Nall and Perkins, Inc., and Denton County for the Copper Canyon Road in Precinct 4 in the amount of $1,071,300.00 with funding to come from TRIP 04, and any appropriate action. (Briefing 3-14-06)

Move to approve Consent Agenda by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-2 (White & Jacobs abstain)
Court Order 06-0209

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 $ 274.59 to Baughman, Sharon, incorrect amount;
$ 17,258.59 to Calhoun, Alexander-Atty, original check found and re-mailed;
ADDITIONS—
GENERAL
Purchasing $ 750.00 to DFW Metroplex Chpt of NIGP, reg fee – Scott Arledge;
WIC $ 1,176.50 to National WIC Assoc Conf, reg fee – 3 employees/WIC.

Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0210

ITEM 6 PURCHASING

6. C) Approval of selecting Carter f& Burgess as the most qualified for Construction Management Services for Lebanon/Boyd Road Project, authority to negotiate a contract, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0211

6. D) Approval for the transfer of $10,000.00 from Precinct 1 Government Center Contingency Fund, to Precinct 1 Government Center Testing and Survey, line to cover the cost of a complete survey, filing fees, and review fees and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0212

ITEM 7 BUDGET

7. G) Approval of Budget Amendment Request #100820 for Computers including the transfer of funds from JP Technology Unappropriated Contingency for JP Technology Fund in the amount of $1,116, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0213

ITEM 9 HEALTH

9. A) Approval of a grant renewal application to DSHS (Department of State Health Services) for Immunization Services, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0214

ITEM 12 SHERIFF

12. B) Public Hearing regarding allocation and intended use of 2006 Byrne Justice Assistance (JAG) Program Award requested by Sheriff Benny Parkey and Criminal District Attorney Bruce Isaacks, and any appropriate action. (Briefing 3-14-06)
NO ACTION

ITEM 13 OTHER DEPARTMENTS
13. B) Approval and acceptance of the certificate of completion certifying that the continuing education provisions of Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Cynthia White for the calendar year 2005, and any appropriate action. Commissioner, Precinct #1

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0215

13. C) Acceptance of continuing education provisions of the Texas Local Government Code Article 81.0025 that have been satisfied by Commissioner Bobbie J. Mitchell for the calendar year 2005, and any appropriate action. Commissioner, Precinct #3

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0216

13. D) Approve acceptance of certificate of completion certifying that the continuing education provisions of the Texas Local Government Code Article 81.0025 that have been satisfied by Commissioner Sandy Jacobs for the calendar year 2005, and any appropriate action. Commissioner, Precinct #2

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0217

13. E) Approval of the appointment of Mr. Edward Adcock to the Veterans Advisory Board, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0218

13. F) Approval of appointment of Cynthia Johnson to the Denton County MHMR Board of Trustees as a representative of Precinct #3. Commissioner, Precinct #3

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0219

ITEM 14 LEGAL

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

14. D) Approval of the Standard Form of Agreement of Services between Denton County, Texas and Trevino Mechanical Contractors for Boiler Replacement at the Denton County Jail, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0220

14. E) Approval of Supplement Agreement Number 4, to Interlocal Cooperation Agreement (ICA) between Denton County, Texas and the North Texas Tollway Authority (NTTA) for the Lake Lewisville Corridor Project, located in Precinct 1, in the amount of $44,954.00, which will increase the previously approved I.C.A. amount from $815,962.15 to $865,962.15; funding for Supplemental Agreement Number 4 shall come from the Transportation Road Improvement Program (TRIP 04), Lake Lewisville Bridge Project (Auditor #70-7401-90-10), and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0221

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

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0222

ITEM 17 RECESS 10:00AM
ITEM 18 RECONVENE 10:20AM

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 10:21AM
Reconvened in Formal Session 1041AM

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 Denton County against James Patrick, potential settlement with insurance company and any appropriate action.

Approve as a part of the settlement with the insurance company, that we will release the vehicle that was the patrol car for $150.00 to the firm of Springer and Lyle in order to facilitate their claim which the County has an interest in it by virtue of the subrogation claim with our worker's comp carrier.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0223

16. A) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Dianne Beynon and Roger Beynon, Individually and as Next of Friends of Rhiannon Beynon, a Minor v. Mark Hilz and Denton County, Texas, et al., Cause Number 2004-31125-211, Pending in the 211th Judicial District Court of Denton County Texas.
NO ACTION ON EXECUTIVE ITEM 16A

ITEM 19 ADJOURNMENT 10:43AM

This set of minutes for March 21, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.