 |
Denton County Commissioners Court |
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 16, 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 16th 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, Kathleen Bransford.
Court opened with an Invocation by Dan Japhet, Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Public Works Manager.
Mr. Japhet: Will you pray? Father, today we come before You to do the business of the County. We ask that You bless the decisions made here with Your grace and Your wisdom. We ask, Lord, that You bless those who serve our country overseas and here, Lord. But above all, we thank You for the greatest blessing of all, Your son, Jesus Christ. And it's in his name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approval or Denial of 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 Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
ITEM 5 AUDITOR
5. A) Approval of Bill Report.
(Payments from CSCD, Community Corrections, TAIP, Sheriff’s Training, Sheriff’s
Forfeiture, VIT Interest, DA Check Fee, and DA Forfeiture Funds are presented
for recording purposes only.)
DELETIONS—
GENERAL $ 28.19 to Texaco/Shell, incorrect vendor;
$ 358.00 to Howard County – Donna Wright, incorrect vendor;
$ 265.00 to Texas State Comptroller, exempt from dues;
$ 1,750.00 to Reynolds, Phillip, per DA’s Office;
ADDITIONS—
GENERAL
367th $ 358.00 to Howard County Clerk, forensic exam – 367th;
Const#4 $ 2,479.42 to Wright Express, gasoline – Constable #4;
Const#2 $ 2,001.34 to Wright Express, gasoline – Constable #2;
Planning $ 40.00 to Sanger ISD, rental fees;
CPS $ 160.00 to Greyhound Lines, bus tickets;
DA/CPS $ 140.00 to Eastland County Sheriff, service/DA;
$ 130.00 to Richmond Constable Pct#1, service/DA;
DA $ 65.00 to Uvalde Co Sheriff’s Dept, service/DA;
DA/CPS $ 60.00 to Ramsey County Sheriff, service/DA;
Juv Prob $ 60.00 to Tarrant County College, reg fee – C Bowden/T Sherman.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 06-0316
ITEM 10 PUBLIC WORKS
10. A) Approve the Final Plat of Frisco Ranch Phase 3A, Precinct 1, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0317
ITEM 13 OTHER DEPARTMENTS
13. A) Approve the Results for the Town of Lincoln Park Local Option Election of May 13, 2006, and any appropriate action. Aprobación de los resultados para la ciudad de la elección local de la opción del parque de Lincoln de mayo 13, 2006. Elections
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0318
13. B) Approval to accept Precoated Aggregate and Recycled Asphalt Pavement from the Texas Department of Transportation, and any appropriate action. Commissioner, Precinct #4
Move to approve with 55% of it going to Precinct 1, 45% of it going to
Precinct 4
by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0319
13. C) Approve the appointment of Elaine Smith-Poyourow to the Denton County Environmental Task Force replacing Bob Cates and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0320
ITEM 4 PUBLIC HEARINGS
Return to Item 4A…
4. A) Approval or Denial of 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.
David Dial spoke against upholding the denial for rezoning.
Mary Lou Abney spoke against upholding the denial for rezoning.
Carl Sadau spoke against upholding the denial for rezoning.
Randy O’Dell spoke against upholding the denial for rezoning.
Mike Power spoke for upholding the denial for rezoning.
Richard Muir spoke against upholding the denial for rezoning.
Jim Horn spoke for upholding the denial for rezoning.
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to uphold denial by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-1 (Horn abstain)
Court Order 06-0321
ITEM 17 RECESS 10:35AM
ITEM 18 RECONVENE 11:10AM
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of a Resolution in support of the Regional Transit Council’s (RTC) approved tolling policies for comprehensive development agreements and general tolling principles, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0322
ITEM 16 ADDENDA
16. D) Approval of a) the Project to engineering, design and construction of Kings Road as a 2-lane roadway and b) the Interlocal Cooperation Agreement between the Town of Double Oak, Texas, and Denton County, Texas, for the engineering, design and construction of Kings Road as a 2-lane roadway, located in the Town of Double Oak, Denton County, Texas, Commissioner Precinct 2, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0323
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of renewal for Election Supplies, Bid #01-05-1654, items #6 through #17, to Hart InterCivic, Inc., and any appropriate action. (Briefing 5-09-06)
6. B) Approval of award for Independent Auditors, RFP #05-01-1428, to Pattillo, Brown & Hill, L.L.P., and any appropriate action. (Briefing 5-09-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101080 to increase revenues and allocate expenditures from the Sale of Surplus Property for Heavy Trucks @ $80,812 and Diesel @ $7,465 for Road & Bridge, Precinct #1 for a total amendment of $88,277, and any appropriate action. (Briefing 5-09-06)
7. C) Approval of Budget Amendment Request #101060 to increase revenues and allocate expenditures for Contract Labor to reimburse Briarwood Lutheran Ministries for sheltering Hurricane Katrina evacuees for Disaster Recovery Department in the amount of $38,758 and overtime cash option for the Department of Emergency Services in the amount of $775 for a total of $39,533, and any appropriate action. (Briefing 5-09-06)
7. D) Approval of Budget Amendment Request #101070 to increase revenues and allocate expenditures from the Sale of Surplus Property @ $35,445 for Road Maintenance Equipment and Shop Tools and Equipment and reallocation of various line items for Road & Bridge, Precinct #4 for a total amendment of $38,337, and any appropriate action. (Briefing 5-09-06)
7. E) Approval of Budget Amendment Request #101100 for Psychological Services for Sheriff’s Department in the amount of $4,000, 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.) Lucretia Tennant, Juvenile Corrections Officer/Post Adjudication; Flavia Souza, Nutritionist (PT)/WIC-Administration; Sarah Ellison, Communications Officer/Communications; John Kircher, Detention Officer I/County Jail; Kim Romskog, Detention Officer I/County Jail; Debra Ferguson, Detention Officer I/County Jail; John Gardner, Detention Officer I/County Jail; Brandon Watts, Juvenile Detention Officer/Juvenile Detention; Julie Whaley, Shift Leader/Juvenile Detention; Robert Juckniewitz, Health Services Specialist II/Jail Health Department; Charles Pate, Detention Officer I/County Jail; Lee Tillman, Chaplain Assistant/County Jail.
SHERIFF
12. A) Approve FY 2007 Tobacco Compliance Grant Application, and any appropriate action. (Briefing 5-09-06)
LEGAL
14. B) Approval and acceptance of the Supplement Grant Award for the Criminal District Attorney’s 421-Civil-Child Abuse Prosecution Grant (C-CAP) for the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 5-09-06)
14. C) Approval of : (1) the Contract for Purchase of Right of Way between Denton County and FM 1171 / Saddle Oaks Ltd., for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from 1171 / Saddle Oaks, Ltd., 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 property from FM 1171 / Saddle Oaks with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action. (Briefing 5-09-06)
14. D) Approval of: (1) the Contract for Purchase of Right-of Way between Denton County and Shirley A. Voirin, Individually and as Independent Executrix of the Estate of Orville J. Voirin, Deceased; and Voirin Family Trust for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Shirley A. Voirin, Individually and as Independent Executrix of the Estate of Orville J. Voirin, Deceased; and Voirin Family Trust; 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 property from Shirley A. Voirin, Individually and as Independent Executrix of the Estate of Orville J. Voirin, Deceased; and Voirin Family Trust with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3.
14. E) Approval of: (1) the Contract for Purchase of Right-of Way between Denton County and Daniel W. Raybun for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Daniel W. Rabun; 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 property from Daniel W. Rabun with funding to come from the FM 1171 Project, Auditor#63-7360-90-10, Commissioner Precinct #3, and any appropriate action. (Briefing 5-09-06)
14. F) Approval of the Birth Certificate Remote Contract including Amendment
#1 with the Department of State Health Services, formerly known as Texas
Department of Health, and any appropriate action. (Briefing 5-09-06)
14. G) Approval of the Inter-Jurisdictional Mutual Aid Agreement between Denton
County, Texas, and other participating political subdivisions located wholly or
partially within the State of Texas, administered by the North Central Texas
Council of Government (“NCTCOG”), and any appropriate action.
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 06-0324
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. H) Approval of Amendment #3 to the Agreement between North Texas Alliance DBA Employer Services and the County of Denton, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0325
14. I) Approval of Amendment No. 4 to the Agreement between North Texas Healthcare Network, Inc. and the County of Denton, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0326
14. J) Approval of the Interlocal Agreement for the Sale and Exchange of a Surplus Urban Search and Rescue Vehicle from the City of Coppell, Texas to Denton County, Texas, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0327
ITEM 16 ADDENDA
16. A) Approval of the Road Closures and Detour Plans for the Doyle, Duck Creek, Sam Bass @ Duck Creek and Donald Road Bridge Projects (BRINSAP), and any appropriate action. Engineering
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0328
16. B) Acceptance of the Donation Deed for the Doyle Road Bridge Project from the following Property Owners, Cody and Karen Vanover, and any appropriate action. Engineering
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0329
16. C) Acceptance of the Donation Deed for the Sam Bass Road @ Duck Creek Bridge Project from the following Property Owners; Floy Jo Wilson and James G. Swan, and any appropriate action. Engineering
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0330
16. E) Approval of (1) the Contract for Purchase of Right-of-Way between Denton County and Joe H. Keahey for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Joe H. Keahey; 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 property from Joe H. Keahey with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0331
16. F) Approval of (1) the Contract for Purchase of Right-of-Way between Denton County and Marguerite Sayers for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Marguerite Sayers; 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 property from Marguerite Sayers with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0332
16. G) Approval of (1) the Contract for Purchase of Right-of-Way between
Denton County and Joe H. Keahey for the purchase of property for the FM 1171
Project; (2) grant authorization to proceed with the closing and approval for
the County Judge to sign all necessary closing documents to purchase the
Right-of-Way from Joe H. Keahey; 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 property from Joe H. Keahey with funding to come from the FM
1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any
appropriate action. DA/Civil
ITEM 16G WAS A DUPLICATE OF ITEM 16E
16. H) Approval of (1) the Contract for Purchase of Right-of-Way between Denton County and Plaza Towne Centre, LTC., for the purchase of property for the FM 1171 Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Plaza Towne Centre, LTD.; 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 property from Plaza Towne Centre, LTD., with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0333
16. I) Approval of exemption from bidding for emergency replacement of HVAC unit(s) at Denton County Law Enforcement Center, Section 262.024(a)(2)(3); and any appropriate action. Purchasing
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0334
ITEM 17 RECESS 11:48AM
ITEM 18 RECONVENE 11:50AM
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 11:50AM
Reconvened in Formal Session 12:00PM
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) Deliberations about Real Property, Texas Government Code, Section 551.072; discussion and deliberation concerning abandoning a portion of Rosson Road and Salt Branch Road, Commissioner Precinct #1.
15. F) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Denton County v. Tarrant County, pending in District Court after remand.
15. G) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Tarrant County v. Denton Central Appraisal District, pending in 96th Judicial Court of Tarrant County, Texas, Cause #96-217341-06.
15. H) Consultation with Attorney: Pending Litigation; Texas Government Code,
Section 551.071 (1)(A); William Trantham v. Denton County, Cause
#2005-20609-393, pending in the 393rd Judicial District Court of Denton County,
Texas.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 12:00PM
This set of minutes for May 16, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
