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 May 2, 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 2nd day of May, 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 Tommy Brewer, followed by the Pledges of Allegiance to the American and Texas Flags led by Charlie Kearns.

Mr. Brewer: Let us be in an attitude of prayer and thanksgiving. Father God, we thank You for this day and the life sustaining rain that you have provided. We ask Your special blessing on this Court today, that the decisions made here on behalf of the citizens of Denton County. Please, Father God, be with our men and women in uniform at home and abroad as they protect our safety and our freedom. Let us be ever mindful that in You, all things are possible. We ask these things in Christ's name. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Approval of a proclamation naming May 8, 2006, as “Bill Utter Ford Day” in Denton County, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0289

3. A) Approval of a proclamation naming the month of May, 2006, as “Motorcycle Safety and Awareness Month” in Denton County, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0290

3. C) Approval of a resolution recognizing the National Day of Prayer on May 4, 2006, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0291

ITEM 16 ADDENDA

16. A) Approval of a) the Project for road and utility improvements to Harlington Drive, (“Project”) and b) the Interlocal Cooperation Agreement between the City of Highland Village and Denton County, Texas, for the road and utility improvements to Harlington Drive, located in Precinct 3, and any appropriate action. DA/Civil

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0292

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 $ 350.00 to TTI-TF06, delete registration fee;
$ 250.00 to Dawn Neathawk, incorrect vendor;
$ 389.13 to Environmental Systems Research, incorrect vendor;
ADDITIONS—
GENERAL
Comm#1 $ 175.00 to TTI-TF06, reg fee – C White/Comm#1;
SO $ 28,112.94 to TESSCO, radio equipment;
DA/CPS $ 50.00 to Augusta County Sheriff’s Dept, service/DA;
2000 Road Bonds $ 36,000.00 to Texas Dept of Transportation, LTPAF – bridge;
1999 Road Cnst $ 21,890.70 to Title Resources, ROW acquisition.

Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0293

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of report on proceeds from Surplus On-Line Auction Sale #02-06-1744 held in April, 2006, and any appropriate action. (Briefing 4-25-06)

BUDGET

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

7. B) Approval of Budget Amendment Request #101000 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Non-Departmental in the amount of $48,030, and any appropriate action. (Briefing 4-25-06)

7. C) Approval of Budget Amendment Request #101020 for various line items for Public Works/Planning in the amount of $7,250, and any appropriate action.

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.) Sharon Denise Aldenderfer, Secretary/CSCD (Adult Probation); Julia Christman, Warrant Research Support Spec./Sheriff; Steven Deaton, Juvenile Detention Officer/Juvenile Detention; Chad Guest, Stormwater Coordinator/Public Works/Planning; Ryan Sims, Misdemeanor Prosecutor II/Criminal District Attorney; Sean Kilgore, Misdemeanor Pros. II-Fam. Viol./Family Violence Expansion Grant.

OTHER DEPARTMENTS

13. A) Approval of (1) allowing Dallas Telelearning, a non-profit division of the division of the Dallas Community College District, to film in the Courthouse on the Square on May 24, 2006, and (2) waving all fees related to the filming as allowed per section 26 of the Denton County Filming Policy, and any appropriate action. County Judge (Briefing 4-25-06)

LEGAL

14. B) Approval of Supplemental Agreement #2 between Denton County and Engineer, Carter & Burgess, Inc., for Engineering Services to increase their current Professional Services Contract from $302,400.00 to $371,400.00 for Boyd Road Project, from the South property line of the Wynnwood Peninsula Tract East to FM 423, including the transition East of FM 423 to Lebanon Road, with funding to come from the Better, Safer Roads Program (Auditor #71-7456-90-10), in Denton County Commissioner Precinct #2, and any appropriate action. (Briefing 4-25-06)

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-0-2 (White & Mitchell abstain)
Court Order 06-0294

ITEM 6 PURCHASING

6. B) Approval of rejection of all bids for HVAC Replacement and Repair – Denton County Sheriff’s Office Facilities, Bid #12-05-1740, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0295

6. C) Approval of specifications and authority to advertise for HVAC Replacement – Denton County Sheriff’s Office Facilities, Bid #04-06-1757, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0296

ITEM 7 BUDGET
7. D) Approval of Budget Amendment Request #101030 for Contract Labor for Print/Mail Department in the amount of $2,700, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0297

ITEM 13 OTHER DEPARTMENTS

13. B) Approval of using excess 2003 Tax Notes for the Denton County Courts Building Parking Lot Expansion Project, and any appropriate action. County Judge (Briefing 4-25-06)

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0298

13. C) Approval of (1) allowing Trinity Valley Church to film in the Courthouse-on-the-Square on May 18, 2006, and (2) waiving all fees related to the filming as allowed per section 26 of the Denton County Filming Policy, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0299

13. D) Approval of Building Usage request from UNT for a Class Presentation using the Commissioners Courtroom on Wednesday, May 3, 2006, from 5:45 pm to 8:00 pm, and any appropriate action. Aide-to-the-Court

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0300

13. E) Approval of Commissioner Cynthia White to the Denton County Housing Finance Corporation Board, and any appropriate action. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0301

13. F) Approval of Commissioner Bobbie Mitchell to represent the Commissioners Court of Denton County on the Texas Conference of Urban Counties Policy Committee, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0302

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

14. C) Approval of the Amendment to the Agreement for Records Archiving Services between Denton County, Texas and ACS State and Local Solutions, Inc. for the Records Archiving Re-Creation Project, RFP #04-04-1616, and any appropriate action. (Briefing 4-25-06)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0303

14. D) Approval of (1) the Real Estate Contract between Denton County and Wanda Parmer for the purchase of a drainage easement for the Lake Lewisville Corridor Project (2) authorization to proceed with the closing and grant of approval for the County Judge to sign all necessary closing documents to purchase the easement from Wanda Parmer and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus any fees for the purchase of the easement from Wanda Parmer with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, Commissioner Precinct 1, and any appropriate action. (Briefing 4-25-06)

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0304

14. E) Approval of scheduling a Public Hearing for May 23, 2006, at 9:10 a.m. to discuss abandoning a portion of Rosson Road and Salt Branch Road, Commissioner Precinct #1, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0305

14. F) Approval of scheduling a Public Hearing for May 30, 2006, at 9:30 a.m. to consider the petition and each issue relating to the creation of Denton County Emergency Services District #1, and any appropriate action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0306

ITEM 16 ADDENDA

16. B) Approval of Addendum #3 between Denton County and Engineer, Carter and Burgess, Inc., for Engineering Services to increase their current Professional Services contract by $50,000.00 for the Boyd Road Project, from the South property line of the Wynnwood Peninsula Tract East to FM 423, including the transition East of FM 423 to Lebanon Road, with funding to come from the Better, Safer Roads Program (Auditor #71-7456-90-10) in Denton County Commissioner Precinct #2, and any appropriate action. DA/Civil

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0307

16. C) Approval of Security Guard Services, RFP #01-05-1655, to Weiser Security Services, Inc. for a period of 45 days, and any appropriate action. Purchasing

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0308

ITEM 17 RECESS 9:41AM
ITEM 18 RECONVENE 9:47AM

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 9:49AM
Reconvened in Formal Session 10:59AM

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, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Jaworski v. Denton County, in the United States Federal Court for the Eastern District of Texas, Sherman Division; Case no. 4:05cv404.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS

15. F) Consultation with Attorney, Potential Litigation pursuant to Section 551.071 (1)(A), government Code; Discuss claim of Cristal Nelson.

Move to settle for $200 and authorize County Judge to execute the Settlement Agreement approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0309

ITEM 19 ADJOURNMENT 11:00AM

This set of minutes for May 2, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.