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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 June 27, 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 27th day of June, 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, and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Kathleen Bransford.
Court opened with an Invocation by Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Planning Manager.
Dr. Burton: Will you pray with me, please? Oh, Lord our Lord, how majestic in all of the earth. We thank You for this day, Lord and for this cool crisp air that You've provided us today. And we thank You that you daily and richly provide for all of our needs. We ask Your blessing, Lord, on all of those who serve this country, both at home and abroad. We pray Your special blessing upon this Commissioners Court and their family. We pray that Your spirit would guide all that is said and done here today. In Jesus' name. Amen.
ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS
3. A) Report on Progress of Precinct 4 Government Center, and any appropriate
action. Commissioner Precinct 4
NO ACTION
3. B) Report on progress of Denton County Building Projects and any
appropriate action. County Judge
NO ACTION
3. C) Discussion of State of Disaster for Denton County, resulting for the potential threat of wildfires due to drought and adverse weather conditions as well as any appropriate action deemed by Commissioners Court. Emergency Management
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0371
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101240 for Repairs and Maintenance for Joseph A. Carroll-Denton County Administration in the amount of $12,500, and any appropriate action. (Briefing 6-13-06)
7. C) Approval of Budget Amendment Request #101250 for Attorney Fees/Denton-Tarrant County Line for Non-Departmental in the amount of $9,149, and any appropriate action.
7. D) Approval of Budget Amendment Request #101290 for Office Supplies for Public Health Preparedness Grant in the amount of $1,391, and any appropriate action.
7. E) Approval of Budget Amendment Request #101300 for Office Supplies and Gasoline for Public Works Administration/Engineering in the amount of $4,300, and any appropriate action.
7. G) Approval of Budget Amendment Request #101330 for Evidence Expense for Criminal District Attorney CPS Division in the amount of $3,300, 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.) Maria Torres, Office Support Specialist II/WIC-Administration; Bill Mills, Jr., Medical Investigator (PT)/Death Investigation/M.E. Services; Heather Bennett, Court Clerk/Justice of the Peace, Pct. 1; Charles Wiley, Jr., Driver/Equipment Operator/Road & Bridge, Pct. 1; Robert Hoehn, Jr., Heavy Equipment Operator/Road & Bridge, Pct. #1; Dale Lee Cummings, Driver/Equipment Operator/Road & Bridge, Pct. #4; Katie Grant, Court Clerk/Justice of the Peace, Pct. 5; Sharona Luke, Deputy Clerk/County Clerk; Larry Burtchell, Detention Officer I/County Jail; Joseph Rodriguez, Detention Officer I/County Jail; Donna Capestany, Office Support Specialist II/Sheriff; Cara Kemmitz, Office Support Specialist II/Sheriff; Justynian Jones, Juvenile Prosecutor I/Juvenile Child Abuse Pros. Grant; Beth Hayes, Misdemeanor Prosecutor I/Criminal District Attorney.
OTHER DEPARTMENTS
13. A) Approval of Building Usage Request from Margie Steele for use of the CHOS Lawn, on Sunday, August 27, 2006, from 3:00 pm to 8:00 pm for the purpose of a Church Picnic, and any appropriate action. Aide-to-the-Court (Briefing 6-13-06)
13. B) Approval of Building Usage Request from Benjamin Lyon Chapter-Daughters of the American Revolution for use of the Commissioners Courtroom and lawn at CHOS on Sunday, September 17, 2006, from 1:30 pm to 5:30 pm, and any appropriate action. Aide-to-the-Court (Briefing 6-13-06)
13. C) Approve Joint Resolution between Denton County and City of The Colony Establishing an Interjurisdictional Emergency Management Program, and any appropriate action. Emergency Management (Briefing 6-13-06)
LEGAL
14. B) Approval of an amendment of both the Easement Agreement dated May 13, 1998 between Denton County, Texas, and the Denton County Historical Commission and the Modification of the Easement Agreement dated November 24, 1998, and any appropriate action. (Briefing 6-13-06)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0372
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 $ 180.00 to Grace Medical Association, incorrect vendor;
$ 268.00 to Wise Regional Health Systems, incorrect vendor;
R&B $ 149.88 to Tractor Supply, per department;
GENERAL $ 395.00 to State Bar of Texas, duplicate payments – Ck total s/b
$335.00;
$ 2,006.65 to Leah M. Harbour, incorrect vendor;
$ 217.60 to Tarrant Co Public Health, incorrect vendor;
ADDITIONS—
GENERAL
SJGC $ 324.44 to City of Carrollton Utilities, svc – SJGC;
Misc $ 256.68 to TXU Energy, svc – Denton Cty Storage Bldg;
$ 4,590.86 to TXU Energy, svc – Emerg Mgmt;
CSCD $ 2,149.25 to First Choice Power, svc – CSCD;
Misc $ 2,192.53 to JP Morgan Chase, prisoner transport – Jail;
$ 364.24 to JP Morgan Chase, prisoner transport – Mntl Health;
Colony Annex $ 237.85 to City of The Colony Utilities, svc – Colony Annex;
E Oak St $ 57.21 to City of Denton Utilities, svc – Info Svcs Storage;
$ 641.09 to City of Denton Utilities, svc – CSCD Intake;
DA CPS $ 38.41 to Jefferson Co. Sheriff’s Dept, service – DA;
SO $ 575.03 to Wright Express, gasoline – SO;
Const#2 $ 1,830.52 to Wright Express, gasoline – Constable #2;
Misc $ 1,562.83 to Wright Express, gasoline – Constable #4;
$ 230.38 to Wright Express, gasoline – Bartonville;
Emerg Svc $ 982.39 to Wright Express, gasoline – Emerg Svc;
Const#5 $ 1,318.71 to Wright Express, gasoline – Constable #5;
Misc $ 1,963.75 to Sempra Energy, svc – SJGC;
$ 114.51 to Sempra Energy, svc – JP4;
$ 533.00 to Sempra Energy, svc – JP4;
Const#2 $ 395.60 to Doral Tesora Hotel, lodging – M Truitt/Const #2;
DA CPS $ 120.00 to Dallas County Constable Pct#3, service – DA;
$ 110.00 to Collin County Constable Pct#4, service – DA;
Const#2 $ 120.00 to Michael Truitt, Ft. Worth meal adv/Const#2;
DA CPS $ 65.00 to Corporate Services, service – DA;
$ 150.00 to Jasper County Sheriff, service – DA;
Emerg Mgmt $ 385.35 to Nextel Communications, svc – Emergency Mgmt;
Purchasing $ 90.00 to LDR International, paper kit – Purchasing;
R&B $ 51.98 to Atmos Energy, svc – D3 & D4;
$ 100.24 to Aubrey Waer & Sewer, svc – D1;
$ 15.06 to TXU Energy, svc – D3;
$ 146.95 to Sempra Energy, svc – D4;
Juv Prob $ 190.00 to Sam Houston State University, reg fee – Brown/Lenington;
$ 195.50 to Renaissance Austin Hotel, lodging – Rodrick Brown/Juv;
$ 90.00 to Rodrick Brown, Austin Meal Advance/Juv;
$ 78.74 to Garden Ridge at Valley Co, svc – trash/water;
$ 90.00 to David Lenington, Austin meal advance/Juv;
WIC $ 19.52 to James Holmes, et al, svc – WIC;
05 Road Bonds $ 7,099.50 to Laughlin Law & Title Company, ROW – Church Ext
Invest;
$ 992.50 to Laughlin Law & Title Company, ROW – Pecan Creek Est;
05 CO $ 500.00 to Town of Cross Roads, rezoning Pct#1 Gov’t Center.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 06-0373
ITEM 6 PURCHASING
6. A) Approval of the adoption of the Regional Transportation Council Clean Fleet Vehicle Resolution, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0374
ITEM 7 BUDGET
7. F) Approval of Budget Amendment Request #101310 for Election Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Election Administration in the amount of $80,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0375
ITEM 9 HEALTH
9. A) Approval of contract amendment for crisis counseling services with the Department of State Health Services, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0376
9. B) Approval of an amendment to the Contract with Texas Department of State Health Services (DSHS) for Public Health Preparedness Pandemic Influenza and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0377
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, August 1, 2006, 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of the Lantana Golf Course, Parcel 4, Precinct #4, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0378
10. B) Approve Tuesday, August 1, 2006, 9:10 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of the Lantana Golf Course, Parcel 6, Precinct #4, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0379
ITEM 13 OTHER DEPARTMENTS
13. D) Acceptance of Ex-Officio Commissioner Precinct #3 Road report and any appropriate action. Commissioner, Precinct #3
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0380
13. E) Approval of re-appointment of Mrs. Bonita Kaplan to the Denton County Child Protective Services Board and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0381
13. F) Discuss Verification of Petition for Local Option Election –Town of Ponder, To Reject and Deny Call of Local Option Election – Town of Ponder for :the Legal Sale of Beer and Wine for Off-Premise Consumption Only”, and any appropriate action. Discuta la verificación de la petición para la elección local de la opción - ciudad del Ponder y de cualquier acción apropiada. Elections Department
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0382
13. G) Approval of the appointment of Purchasing Director, Beth Fleming, to serve as the Denton County Representative to the North Central Texas Council of Governments Regional Energy Efficiency and Emission Reduction Initiatives Roundtable, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0383
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. C) Approval of Contract between Denton County, Texas and Sunset Trails, Inc. d/b/a Circle R Ranch or Western Skys for the Denton County Employee Service Award Event, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0384
14. D) Approval of the Inter-local Cooperation Agreement for Tax Collection between Denton County, Texas and (1) City of Trophy Club, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0385
14. E) Approval of Amendment #1 to the GoToAssist Agreement between Denton County, Texas and Citrix Online, a division of Citrix Systems, Inc. a Delaware Corporation, with an effective date of July 7, 2006, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0386
14. F) Approval of the Amendment #1 to the Agreement between Questcare Medical Services P.A. and Denton County for EMS Medical Control Services, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0387
14. G) Approval of the Local Transportation Project Funding Agreement for FM 2499 Section 2, from FM 1171 to Spinks Road in Denton County, Texas, located in Denton County Commissioner Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0388
14. H) Approval of the Contract Agreement between Maxim Mechanical Services, L.P., and Denton County for the HVAC replacement at the Denton County Sheriff’s Office, Bid #04-06-1757, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0389
14. I) Approval of Service Agreement Renewal Notice and Maintenance Renewal with Appriss, Ind., through the State of Texas, Office of the Attorney General for the Denton County VINE Service, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0390
14. J) Approval of the Texas VINE Annual Maintenance Contract between Denton County, Texas, and the Office of the Attorney General of Texas for 2006-2007, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0391
ITEM 16 ADDENDA
16. A) Approval of the acceptance of the Donation Deed for the Duck Creek Road Bridge Project from the following Property Owners: Neal and Cheryl Small, Mary Walker, and Mary Gorman, Precinct #1, and ay appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0392
16. C) Approval of grant application to be submitted to the North Central Council of Governments Call for Projects for the Clean Fleet Vehicle Project, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0393
ITEM 17 RECESS 9:37AM
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 10:20AM
Reconvened in Formal Session 11:50AM
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); Tarrant County v. Denton Central Appraisal District, pending in 96th Judicial Court of Tarrant County, Texas, Cause #96-217341-06.
15. E) Consultation with Attorney: Texas Government Code, Section 551.071
(1)(A); Pending Litigation; Northport Commercial LTD vs. Denton County and
TxDOT; Cause No. ED-2005-00250.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
15. F) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Pending Litigation; City of Dallas vs. NCS Realty Co., Centerre Trust Company of St. Louis, City of Dallas, Denton County, Texas, and Carrollton-Farmers Branch ISD; Cause No. ED-2006—1246, pending in the Denton County Court at Law #2, Denton County, Texas.
Approval of 1) the Affidavit of Disclaimer for Denton County in the case of City of Dallas v. NCS Realty Company, Centerre Trust Company of St. Louis, City of Dallas, Denton County, Texas, and Carrollton-Farmers Branch ISD, Cause #ED-2006-01246, pending in Denton County Court of Law #2, Denton County, Texas, and 2) authorization for the County Judge to execute the Affidavit of Disclaimer on behalf of Denton County, Texas.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0394
16. B) EXECUTIVE SESSION: Consultation with Attorney; deliberations about Real Property, Texas Government Code, Section 551.072, discussion and deliberation concerning 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 4-0-0
Court Order 06-0395
ITEM 19 ADJOURNMENT 11:53AM
This set of minutes for June 27, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
