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 April 25, 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 25th day of April, 2006, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs and Jim Carter were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.

Court opened with an Invocation by James Wells, County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.

Mr. Wells: Our Dear Heavenly Father, we thank You today for this Country, this State and this County You've given us. Thank you for the leaders you've provided us in all levels government. Teach us all to support our leaders. Help us to pray for them, that You will guide them in Your wisdom to do the best for the citizens of the State, County and Country. We ask for these things in Christ's name. Amen.

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of resolution amending authorized representatives with the Texpool investment pool, and any appropriate action. (Briefing 4-18-06)

5. C) Approval of the Denton County Investment Policy as amended, and any appropriate action. (Briefing 4-16-06)

PURCHASING

6. A) Approval of renewal of bid for Lawn Maintenance, Bid #03-05-1675, Class A to Ryno Landscaping at $51,359.08, Class B to TruGreen Landcare at $10,121.00, and any appropriate action. (Briefing 5-18-06)

6. B) Approval of renewal for Credit Card Services for Tax Payments, RFP #04-04-1615, to Certified Payments, and any appropriate action. (Briefing 4-18-06)

6. C) Approval of specifications and authority to advertise for Old Alton Road Construction Project, Bid #04-06-1756, and any appropriate action. (Briefing 4-18-06)

BUDGET

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

7. B) Approval of Budget Amendment Request #100960 for Operating Equipment and Gasoline for Bartonville Interlocal Contract in the amount of $2,537, and any appropriate action. (Briefing 4-18-06)

7. C) Approval of Budget Amendment Request #100970 for Radio Repair and Radios and Radars including the transfer of $5,372 from Non-Departmental Unappropriated Regular Contingency for Department of Public Safety in the amount of $7,883, and any appropriate action. (Briefing 4-18-06)

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.) Kevin Clark, Investigator-CID/Sheriff; Matthew Simpson, Detention Officer I/County Jail; Rebecca Ruiz, Detention Officer I/County Jail; Christina Morrison, Detention Officer I/County Jail; Michelle Walling, Health Services Specialist II/Jail Health Department; Gary Crawford, Driver/Equipment Operator/Road & Bridge, Pct. #1; Rebecca Merchant, Financial Support Specialist II/Purchasing Department; Joshua Sales, Intern/County Planning Department; Raymond Matthew Graham, Civil Attorney II-Public Information/Criminal DA-Civil Division; Shannon Bruhn, Misdemeanor Prosecutor II/Criminal District Attorney.

LEGAL

14. B) Approval of Administrative Service Agreement between PayFlex Systems USA, Inc., and Denton County, as a member of the Public Employee Benefits Cooperative of North Texas for COBRA/Retiree Direct Billing Administration, and any appropriate action. (Briefing 4-18-06)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 06-0269

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 $ 1,050.00 to Adame, Derek – Attorney, incorrect vendor;
PH $ 294.03 to TTHR Limited Partnership, duplicate payment;
SO Trair $ 1,002.00 to LexisNexis MatthewBender, duplicate payment;
CORRECTIONS—
GENERAL
IS $ (200.00) to Avatech Solutions, adjust tuition for different course check amount=$595.00;
ADDITIONS—
GENERAL
HR $ 426.00 to Jason’s Deli, food/training – HR;
Tax $ 868.00 to US Postmaster, Box 90204 rent – Tax;
JP#1 $ 179.00 to US Postmaster, Box 460 rent – JP#1;
SO $ 118.80 to Jerry Kelly, US District Ct, public records service;
DA CPS $ 120.00 to Dallas County Constable Pct#2, service/DA;
DA CPS $ 100.00 to Tarrant County Constable Pct#7, service/DA;
DA CPS $ 100.00 to Coryell County Sheriff Dept, service/DA;
DA CPS $ 36.00 to Henderson Constable, service/DA;
CSCD $ 2,170.00 to State Comptroller, sexual assault fees.

Move to approve amended bill report and auditor’s monthly financial report for February 2006 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0270

ITEM 7 BUDGET
7. D) Approval of Budget Amendment Request #100990 to Decrease Revenues and Expenditures based on Grant adjustment for 2005 Homeland Security Grant in the amount of $420,300, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 06-0271

ITEM 13 OTHER DEPARTMENTS

13. D) Approval of 2004 State Homeland Security Grant Adjustment Notice, and any appropriate action. Emergency Services

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0272

ITEM 10 PUBLIC WORKS

10. A) Approve Tuesday, May 16, 2006, at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider the DENIAL of a request for an amendment to the Lake Ray Roberts Land Use ordinance for a zoning change from Agriculture (AG) to Recreational/Commercial (R/C) Abstract 790, Tract 12, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0273

ITEM 8 HUMAN RESOURCES

8. B) Approve changing slot #035-R1 in Road & Bridge East from DO1/Crewman position to a Part-Time Administrative Assistant 1 position, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0274

ITEM 12 SHERIFF

12. A) Approve Cooperative Agreement between the United States of America and County of Denton, Texas for the provision of Additional Law Enforcement Services, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0275

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of the appointment of Mr. John Klaiber to fulfill the unexpired term or Ms. Mary Jennings on the North Central Texas Workforce Development Board, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0276

13. B) Approve the re-appointment of Michael Nowels to the Denton County Environmental Task Force to represent Precinct #3, and any appropriate action. Commissioner, Precinct #3

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0277

13. C) Discussion and approval of Appointment of Election Judges for the May 13, 2006 Lincoln Park Local Option Election, and any appropriate action. Discusión y aprobación de la cita de los jueces de la elección para de mayo el 13 de 2006 Lincoln Elección Local De la Opción Del Parque. Elections
COME BACK TO LATER IN THE MEETING

13. E) Approval of 2005 State Homeland Security Grant Program sub recipient Agreement (Grant Adjustment Notice) and associated budget amendment, and any appropriate action. Emergency Services

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-00278

ITEM 14 LEGAL

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

14. C) Approval of the Standard Terms and Conditions for Program Service Agreement-Texas ASM/TSI/OBDII Integrated System between Denton County, Texas and Worldwide Environmental Products, Inc., and any appropriate action. (Briefing 4-18-06)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 06-0279

14. D) Approval of the Local Transportation Project Advanced Funding Agreement for the Bridge Replacement or Rehabilitation located at Brush Creek Road and Hickory Creek Tributary, CSJ #: 0918-46-936, in Denton County, Texas, located in Denton County Commissioner, Precinct 4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0280

14. E) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Roanoke, Texas, for implementation of Texas Local Government Code Section 242.001, relative to the City’s ETJ, located in Denton County Commissioner Precinct 4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0281

ITEM 13 OTHER DEPARTMENTS

13. C) Discussion and approval of Appointment of Election Judges for the May 13, 2006 Lincoln Park Local Option Election, and any appropriate action. Discusión y aprobación de la cita de los jueces de la elección para de mayo el 13 de 2006 Lincoln Elección Local De la Opción Del Parque. Elections

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 06-0282

ITEM 14 LEGAL

14. F) Approval of the Donation Deed between Denton County, Texas, and Prehlad S. Vachher for Right-of-Way for the Donald Road at South Branch Creek BRINSAP Project, located in Precinct 4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0283

14. G) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the Pilot Point Volunteer Fire Department, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0284

14. H) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Pilot Point Volunteer Fire Department, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0285

14. I) Approval of the First Amended Texas VINE Annual Maintenance Contract between Denton County, Texas and the Office of the Attorney General of Texas, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0286

14. J) Approval of the Donation Deed between Denton County, Texas, and Donald and Barbara Johnson Family Limited Partnership for Right-of-Way for the Doyle Road at Tributary Creek BRINSAP Project, located in Precinct 4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0287

ITEM 16 ADDENDA

16. A) Approval of Change Order #2 in the amount of $3,132.70 for the Meadow Vista Project to be funded from the Precinct #1 TRIP o4 Discretionary Funds for Reynolds Asphalt and Construction, and any appropriate action. Public Works

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 06-0288

ITEM 17 RECESS 9:23AM
ITEM 18 RECONVENE 9:29AM

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.

Commissioners Court did not convene in 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. E) Consultation with Attorney: Possible Settlement. Texas Government Code, Section 551.071 (1) (A); Robert H. Osburn and Blassingame & Osburn, P.C. vs. Scott Armey, Denton County Judge, Sherri Adelstein, Denton County Clerk and Tracy Kunkel, Former Denton County District Clerk, Denton County, Texas, Tracy Kunkel, Individually and Old Republic Surety Company, Cause # 2001-60515-393, in the 393rd Judicial District Court of Denton, County, Texas.
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 19 ADJOURNMENT 9:31AM

This set of minutes for April 25, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.