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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 March 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 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 Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Scott Arledge, Assistant Director of Purchasing.
Dr. Burton: Will you pray with me, please? Lord, we thank You for this day, a day that You have made. In Your word remind us that You are our refuge and strength the very present help in time of trouble and, therefore, we will not fear. And so we come today to you in thankfulness, thankful for Your blessings, thankful for Your protection upon us and especially on our Armed Forces overseas. We ask Your guidance today and Your blessing upon this Court that all that is said and done here would be pleasing to You. We pray in Jesus' name. Amen.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approve Proclamation designating April 2006, Child Abuse Prevention Month in Denton County, and any appropriate action. Commissioner, Precinct #2
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0224
ITEM 4 PUBLIC HEARINGS
4. A) Approve the REPLAT of the Carlisle Addition – 1R, Precinct #4, and any appropriate action.
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0225
4. B) Approve the REPLAT of the Amenities Center Lantana, Precinct #4, and any appropriate action.
Move to Open Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0226
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) 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
NO ACTION
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of renewal of contract for Elevator Maintenance, Bid #04-03-1553, to United Elevator Services, Inc., and any appropriate action. (Briefing 3-21-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #100840 to reduce revenues and allocate the remaining expenses for DA Prosecution Enhancement, Civil Domestic Violence Grants and Criminal District Attorney in the amount of $135,958, and any appropriate action. (Briefing 3-21-06)
7. D) Approval of Budget Amendment Request #100850 for Operating Equipment for Constable, Precinct #1 in the amount of $1,070, and any appropriate action. (Briefing 3-21-06)
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.) Joshua Baldwin, Detention Officer I/County Jail; Angela Gaston, Detention Officer I/County Jail; Laurie Moran, Detention Officer I/County Jail; Timothy Hartman, Detention Officer I/County Jail; Jon Porsche, Detention Officer I/County Jail; Adam Tostado, Detention Officer I/County Jail; Curtis Payne, Detention Officer I/County Jail; Norman Alambar, Detention Officer I/County Jail; Farhad Rasman, Detention Officer I/County Jail; Charles McAfee, Deputy Sheriff/Sheriff; Gayla Craig, Senior Planner/Subdivision/County Planning Department; Christopher Mayes, Court Clerk/Justice of the Peace, Pct. 1.
SHERIFF
12. A) Approve the Application for the 2006 Bullet Proof Vest Partnership Program offered by the Bureau of Justice Assistance, Office Justice Programs, U.S. Department of Justice, deadline for Application is April 18, 2006; request endorsement by the County Judge for funding assistance under the 2006 Bullet Proof Vest Partnership Program offered by the U.S. Department of Justice, and any appropriate action. (Briefing 3-21-06)
OTHER DEPARTMENTS
13. A) Approve any appropriate action for renovations at the Denton County Government Center for areas that were assigned by Commissioners Court to the Health Department and the Facilities Department when Planning and Engineering moved to the 1505 E. McKinney facility and requesting approval to utilize unencumbered 2003 Tax Note funds. Facilities
LEGAL
14. B) Approval of a) the Resolution authorizing participation in Local Participation Advanced Funding Agreement (LPAFA) and b) the Local Project Advance Funding Agreement (LPAFA) for Construction Engineering Reimbursement between Denton County, Texas and the State of Texas, acting through the Texas Department of Transportation for the On-System Loop 288 East Project from US 380 to IH 35E, CSJ 2250-01-021, 012, located in Precinct 1, with funding to come from Precinct 1 Discretionary Funds, and any appropriate action. (Briefing 3-21-06)
14. D) Approval of A) submission of a new Application and B) Resolution for the Criminal District Attorney’s Prosecution Enhancement Grant (VAWA-FVP-Enhancement) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. (Briefing 3-21-06)
14. E) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Juvenile Child Abuse Prosecution Grant (J-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421) , and any appropriate action. (Briefing 3-21-06)
14. F) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Civil Child Abuse Prosecution Grant (C-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 3-21-06)
14. G) Approval of A) submission of a new Application and B) Resolution for the Criminal District Attorney’s Family Violence Expansion Grant (VAWA-FVEG) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. (Briefing 3-21-06)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0227
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 $ 107.50 to Perez, Arlene Lewis – Interpreter, incorrect amount;
$ 4,250.00 to Hair, Ray, not valid payment – moved 1/31/06;
$ 487.50 to Hammerle Finley, incorrect amount;
Crisis Counseling $ 133.69 to Melinda Morrison, incorrect amount;
ADDITIONS—
GENERAL
Em Mgmt $ 44.00 to TXU Energy, svc – Emergency Management;
DA $ 62.00 to U.S. Postmaster, Box 1271 rent/DA;
$ 386.40 to Holiday Inn, lodging – J Willingham;
$ 2,000.00 to ASR Data, reg fee – J Willingham;
CSCD $ 358.00 to U.S. Postmaster, Box 1309 rent/CSCD;
05 Road Bonds $ 100.00 to Laughlin Law & Title, earnest money;
$ 100.00 to Laughlin Law & Title, earnest money.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 06-0228
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #100830 for Vehicle Emissions Compliance Program for Non-Departmental in the amount of $20,531, and any appropriate action. (Briefing3-21-06)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0229
ITEM 8 HUMAN RESOURCES
8. B) Approve revisions to Personnel Policy #2.20-Intern Employment and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0230
8. C) Approve changes to the job description for the Juvenile Prosecutor I in the District Attorney’s Office, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0231
ITEM 12 SHERIFF
12. B) Approve the Juvenile Accountability Grant Application and approval of resolution, submitted by Denton County Sheriff’s Office, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0232
12. C) Approve notice that a Public Hearing will be held on Tuesday, April 4th, 2006 at 9:10 a.m. regarding allocation and intended use of 2006 Byrne Justice Assistance (JAG) Program Award, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0233
ITEM 13 OTHER DEPARTMENTS
13. B) Approve re-appointment of Joel Marks, Dick Abernethy, and Perry Schrag to the Transportation Committee effective immediately, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0234
13. C) Approval and acceptance of the certificate of completion certifying that the continuing provisions of Texas Local Government Coed Article 81.0025 have been satisfied by Commissioner Jim Carter for the calendar year 2005, and any appropriate action. Commissioner, Precinct #4
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Carter abstain)
Court Order 06-0235
13. D) Approve the appointment of Dan Fauver to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0236
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. C) Approval of a) Addendum #1 to the Engineering Contract between Halff & Associates, Inc., and Denton County, Texas, for the FM 2499 Section 3, Project, in the amount of $164,852.00, with funding to come from Better, Safer, Roads, Program (BSRP) funds for FM 2499-Section 3 (Auditor #63-7370-90-10), Precinct 3, and b) authorization of the transfer of $66,434.93 from FM 2499, Section 4, Auditor #70-7469-90-30 to FM 299 Section Auditor #63-7370-90-10, and any appropriate action. (Briefing 3-21-06)
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0237
14. H) Approval of the request from the Denton County Farmers Market Association to use the Denton County parking lot on the corner of Sycamore Street and Carroll Boulevard in Denton for the purpose of marketing produce from 7 a.m. to 6 p.m. daily from April 1, 2006 through October 31, 2006, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0238
14. I) Approval of a Quitclaim Deed from Denton County, Texas, to The State of Texas for 310.483 square meters, 13,342 square feet of land, situated in Henry Turner Survey, Abstract Number 1248, City of Lewisville, Denton County, Texas, located in Denton County Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0239
14. J) Approval of the Group Agreement between Denton County, as a member of the Public Employee Benefits Cooperative of North Texas (PEBC) and Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0240
14. K) Approval of Amendment #2 to the Local Transportation Project Funding Agreement for FM 3040 from FM 2499 to Edmonds Lane in Denton County, Texas, located in Denton County Commissioner Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0241
ITEM 16 ADDENDA
16. A) Approval of the suspension or possible suspension of the license of
Weiser Security Service, Inc. to do business in the State of Texas and approval
and authorization of the Denton County Purchasing Department as the County’s
Agent to negotiate and enter into an immediate, temporary contract for security
service for Denton County Buildings and Properties, and any appropriate action.
Legal
NO ACTION
16. B) Approval of specifications and authority for Security Guard Services #03-06-1750, and the appointment of the Security Guard Evaluation Committee and any appropriate action.-Purchasing
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0242
ITEM 17 RECESS 9:44AM
ITEM 18 RECONVENE 9:47AM
Commissioner Jacobs left during the recess.
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 9:48AM
Reconvened in Formal Session 10:05AM
Commissioner White left 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.
15. F) Deliberations about Security Devices; Texas Government Code, Section
551.076; Discussion of Security Contract for Denton County Buildings.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
15. E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Elizabeth Ann Rohr v. Officer B. Harpole, et al.; in the 16th Judicial District Court of Denton County, Texas; Cause No. 2006-10071-16.
Move to assign this case to the Civil Division of the District Attorney’s
Office and CDA Office be authorized to remove this to the United States District
Court in Sherman by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 06-0243
ITEM 19 ADJOURNMENT 10:06AM
This set of minutes for March 28, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
