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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 July 25, 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 25th day of July, 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, 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 Dan Japhet, Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath.
Mr. Japhet: Will you pray? Father, we pray for your wisdom as decisions are made today in this room about the business of the County. Lord, we pray for protection of our servicemen overseas and at home, Lord. Lord, we pray for the police officers that protect our streets. And right now we particularly pray for the firefighters who are protecting us from the fires and the dry weather we have right now, Lord. Lord, we pray for rain. We need relief. And Lord, above all, we thank You so much for Your son who died on the cross for our sins. It's in His name we pray. Amen.
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of renewal of General Liability, Auto Liability and Auto Physical Damage insurance policies with Texas Association of Counties for the term of October 1, 2006 through September 30, 2007, and any appropriate action. (Briefing 7-18-06)
6. B) Approval of award for Tax Statement Preparation/Mailing Service, RFP #03-06-1747, to Accurate Forms & Supplies, and any appropriate action. (Briefing 7-18-06)
6. C) Approval of renewal of Property Insurance, RFP #05-05-1690, to Scarbrough, Medlin and Associates, Inc., and any appropriate action. (Briefing 7-18-06)
6. D) Approval of renewal of Bid #06-04-1625 for Office Furniture, to Texas Furniture Source, Inc., and any appropriate action. (Briefing 7-18-06)
6. E) Approval of renewal Bid #06-05-1701 for contract for Microfilming Supplies, , to Anacomp, Inc. Section 1 & 2, and Business Equipment Solutions, L.L.C. Section 3., and any appropriate action. (Briefing 7-18-06)
6. F) Approval of award of bid for the Sedalia Trail and Saratoga Trail Drainage Improvement Project, Bid #06-06-1762, to Calvert Paving for $103,950 from the Precinct 1 budget line 20-5250-8510 (Contract Road Work) and Engineering’s budget line 20-5220-8550 (Contract Labor) ., and any appropriate action. (Briefing 7-18-06)
6. G) Approval of specifications and authority to advertise for Medical Lab Services, RFP #06-06-1765., and any appropriate action. (Briefing 7-18-06)
6. H) Approval of renewal of bid for Uniform Rental, Bid #07-03-1572, to Unifirst., and any appropriate action. (Briefing 7-18-06)
6. I) Approval of specifications and authority to advertise for Cold Mix Asphaltic Pavement (CMAP), Bid #07-06-1776., and any appropriate action. (Briefing 7-18-06)
6. J) Approval of specifications and authority to advertise for Emulsified Asphalt (CRS-2H, AEP, CSS-1-CSS-1H, CRS-1P), Bid #07-06-1777., and any appropriate action. (Briefing 7-18-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101490 to increase revenues and allocate expenditures for Salary, Assistants/benefits and various other line items for Public Health Preparedness Grant in the amount of $164,209., and any appropriate action. (Briefing 7-18-06)
7. D) Approval of Budget Amendment Request #101500 for Car Allowance/Mileage including the transfer of $1,200 from Non-Departmental Unappropriated-Medical Examiner Contingency for Death Investigations/Medical Examiner Services in the amount of $2,200., and any appropriate action. (Briefing 7-18-06)
7. E) Approval of Budget Amendment Request #101530 to increase revenues and allocate expenditures for Salary, Assistants/various other line items for Crisis Counseling Program Grant in the amount of $294,232., and any appropriate action. (Briefing 7-18-06)
7. F) Approval of Budget Amendment Request #101560 for Computer Supplies for County Treasurer in the amount of $500, and any appropriate action.
7. G) Approval of Budget Amendment Request #101570 for various line items for Juvenile Probation in the amount of $16,090, 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.) Australia Whitfield, Secretary/CSCD (Adult Probation); Andrea Simmons, Appellate Attorney II/Criminal District Attorney; Michele Lucas, Budget Analyst/Budget Office; Ernest Johnson, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant; Rachelle Blazio-Blouin, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant; Angela Crawford, Administrative Specialist I/Criminal District Attorney; Lindsay Fullington, Administrative Specialist I/Criminal District Attorney.
LEGAL
14. B) Approval of the renewal of the Letter of Engagement by Greg Cooke
concerning Clean Air Plan for Denton County, Collin County, Dallas County, and
Tarrant County., and any appropriate action. (Briefing 7-18-06)
14. C) Approval of Victoria County Time Clock System License Agreement between
Victoria and Denton Counties, with an effective date of July 25, 2006., and any
appropriate action. (Briefing 7-18-06)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 06-0427
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Report on Progress of Denton County Building Projects, and any
appropriate action. County Judge
NO ACTION
3. B) Report on Progress of Precinct 4 Government Center, and any appropriate action. Commissioner, Pct. #4
3. C) Approval of a proclamation naming July 28, 2006 through July 30, 2006, as “John B. Denton Days” in Denton County, and any appropriate action. Denton County Historical Commission
Commissioner White arrived during the discussion of Item 3C.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0428
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 $ 110.00 to Burke, Hardy – Attorney, incorrect vendor;
$ 225.00 to Texas Association of Counties, will not attend;
$ 195.00 to West Info Publishing Group, incorrect amount;
$ 131.40 to Denton Record Chronicle, duplicate payment;
$ 275.00 to N’Duka, Angie – Attorney, incorrect vendor;
RBE $ 4.54 to NAPA Denton, should be a credit;
ADDITIONS—
WIC-Admin $ 4.61 to SBC Long Distance, svc – WIC;
Bioterrorism $ 1,065.35 to Nextel Communications, svc – Bioterrorism.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0429
ITEM 6 PURCHASING
6. K) Approval of specifications and authority to advertise for Security and Access Control Systems, RFP #07-06-1782, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0430
6. L) Approval of award of bid for Flexible Base (Grade 1, Type A), Bid #03-06-1745, to Hanson Aggregates, for Item 1 for Road and Bridge West, and rejection of bids for Items 2, 3, 4 and 5 for Road and Bridge East, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0431
ITEM 7 BUDGET
7. H) Approval of Budget Amendment Request #101590 for Contract Road Work including the transfer of funds from Non-Departmental Unappropriated Judge’s Salary Contingency for Non-Departmental in the amount of $9,000, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0432
7. I) Accept the submission of the appraisal roll for Denton County for tax
year 2006 from the Tax Assessor/Collector and any appropriate action.
NO ACTION
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, August 15, 2006 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2) Abstract 29, Tract 82 A, as recommended by the Lake Roberts Planning and Zoning Commission, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0433
10. B) Approve Tuesday, August 15, 2006 at 9:10 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use ordinance for a Special Use Permit, Abstract 29, Tract 82 A, as recommended by the Lake Roberts Planning and Zoning Commission, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0434
10. C) Approve Tuesday, August 15, 2006 at 9:15 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2) Abstract 29, Tract 33, as recommended by the Lake Roberts Planning and Zoning Commission, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0435
ITEM 13 OTHER DEPARTMENTS
13. A) Approve the re-appointment of Lorraine Perry to the Denton County Child Protective Services Board as a Precinct #3 representative, pending approval of the CPS board, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0436
13. B) Approve any appropriate action to have the plat for the Precinct 1 Government Center in the Town of Cross Roads signed and notarized by the authorized agent for Denton County. Facilities
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0437
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. D) Approve Modification of Intergovernmental Agreement for the Housing of Federal Prisoners with the U.S. Department of Justice, U. S. Marshals Service, and any appropriate action. (Briefing 7-18-06)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0438
14. E) Approval of the Huitt-Zollars Contract for Traffic Engineering Services on the FM 423/The Colony Project in Precinct #2, in the amount of $39,544.00, with funding to come from TRIP-04 Precinct 2 Discretionary Funds, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0439
14. F) Approval of the Title Sheet for the Installation of railroad warning signals and gates at the crossing of Ganzer Road at Kansas City Southern Railroad, TxDOT Project STP 2006 (631) FRS is located in Commissioner, Precinct 4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0440
14. G) Approval of the Contract Agreement between JRJ Paving and Denton County for the Old Alton Road Construction Project Bid #04-06-1756, located in Commissioner Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0441
ITEM 16 ADDENDA
16. A) Approval of change to Nextel Service for Constable Precinct 6 from the current wireless phone and pager service, and any appropriate action. Purchasing
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0442
Discussion of item in Commissioners Court Transcript to minutes. (Page 21)
16. B) Approval of specifications and authority to advertise for Medical Lab Services-Human Resources, RFP #06-06-1766, and any appropriate action. Purchasing
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0443
ITEM 17 RECESS 9:29AM
ITEM 18 RECONVENE 9:32AM
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 9:33AM
Reconvened in Formal Session 9:47AM
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.
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; Hosie Thomas Smith v. Sheriff Weldon Lucas, et al. in the Untied States Federal Court for the Eastern District of Texas; Case no. 4:05cv67.
Move to assign this case to the Civil Division of the District Attorney’s
Office by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0444
15. F) Consultation with Attorney: Pending Litigation, Texas Government Code,
Section 551.071 (1)(A); Texas Pyrotechnic Association; Alamo Fireworks, Inc;
American Promotional Events, Texas L.P. DBA TNT Fireworks; Ches/Lee Enterprises,
Inc. DBA American Fireworks; Bonneau Fireworks, Shan English; Jakes Fireworks,
Inc.; Sam-Ken, Inc.; Truckload Fireworks, Inc.; Plaintiffs; vs. Andrew County,
Texas, Collin County, Texas, Dawson County, Texas; Denton County, Texas; Donley
County, Texas; Ector County, Texas; Gainse County, Texas, Gray County, Texas;
Hood County, Texas; Midland County, Texas; Parker County, Texas; Tarrant County,
Texas; and Wise County, Texas; Defendants; Cause No. MO-06-CV 082, pending in
the United States District Court for the Western District of Texas Midland
Division.
NO ACTION ON EXECUTIVE ITEM 15F
ITEM 7 BUDGET
7. B) Approval of any action related to the 2006-2007 Denton County Budget.
Below you will find brief descriptions of what took place during the Budget Appeals. Please see www.dentoncounty.com for the video of the meeting or contact the County Clerk’s Office for the tapes to hear the exact conversations.
Wellness Program Proposal
Discussed the proposal for the Wellness Program.
Maxed Out Employee Report
Discussed maxed out employees and how other counties handle them.
Raises
7. B-2) Approve a 1 Step (4%) raise for all employees and elected officials that
qualify for a raise.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0445
District Judge Salaries & Juvenile Board
Discussed District Judges salary supplement and juvenile board compensation.
Reclassification Recommendations
7. B-3) Approve reclassifications in the recommended budget.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0446
Maxed Out Employee Report
7. B-4) Approve some kind of one time stipend for maxed out employees.
Move to approve by Comm. Mitchell.
Motion Failed for lack of second
New Hires included in Recommended Budget
7. B-5) Approve the list of new hires in the recommended budget.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 06-0447
Lower Level Lawsuit Settlement Allocation
7. B-6) Approve putting the settlement money that we received plus interest in
the General Fund so we can move forward on this project ($3.3 million in
February ’04, $100,000 in December ’04, for a total of $3.4 million) total of
$3.5 million including interest.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0448
Mobile Video Camera Report – Requests and Current Inventory
7. B-9) Approve mobile video cameras for all Constables that made requests for
videos, whether initially or appealed, and buy state of the art equipment (only
videos, no laptops), this does not include equipment needed for new hires.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 06-0449
ITEM 7B continued after break.
ITEM 17 RECESS 11:55AM
ITEM 18 RECONVENE 1:35PM
ITEM 7B continued…
Library Funding
Discussed level funding for libraries.
Wellness Program Proposal
7. B-1) Approve Wellness Program and allocate $10,000 for the first year and a
$60,000 reduction for this year.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0450
Elections Administrator Salary Survey
7. B-10) Approve raise to Elections Administrator salary to market value plus a
4% increase (Option 1).
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0451
Future Agenda Items – August 1st
Will discuss District Judge’s salary supplements next week.
Will discuss JP #5 – Pct #1 Government Center next week.
Raises
7. B-2b) Approve Justice of the Peace Precinct #2’s salary to go to full salary
January 1, 2007.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0452
List of Appeals on Changes Sheet
7. B-13a) Reclassification of 18 Warrant Deputies – Sheriff for a budget impact
of $7,4560.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0453
7. B-13b) Approve reclassifying the following positions in the Constable Offices: Chief Deputies from Grade 23 to Grade 24; Sergeants from Grade 22 to Grade 23; Deputies from Grade 21 to Grade 22; all placed on the closest step.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion and Second removed.
7. B-13c) Records Management reclassification request - $1,643
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Failed 2-3-0 (White, Jacobs, & Mitchell nay)
Discussed District Clerk – reclassification appeal – Deputy Clerk to Senior Clerk, budget impact of $2,336.
Discussed Tax Office – new hires: 4 Deputy Clerks (budget impact of $35,759 each) and 1 Motor Vehicle Supervisor (budget impact of $51,418).
Discussed Constable Precinct #2 – PT to FT Office Support Specialist II (effective 4/1/07 with budget impact of $8,865) & Deputy Constable New Hire (budget impact of $112,663) & Taser Equipment (budget impact of $2,507)
7. B-13d) Approve Constable Precinct #2 taser equipment, budget impact of $2,507
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 06-0454
7. B-13e) Approve same set up and amount for taser equipment for Constable Precinct #4, 5, and 6 as for Constable Precinct #2.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
No Vote Taken
Commissioner Jacobs stated that she wanted to rescind her motion on Constable, Precinct #2, but no motion was made to do such.
Discussed Constable Precinct #2 new hires.
7. B-13f) Approve Constable Precinct #4, 4 radar units, budget impact of $4,180.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Failed 2-3-0 (White, Jacobs, & Mitchell nay)
Discussed Constable Precinct #6, new hire – Deputy Constable (budget impact $109,358); new hire – PT Office Support Specialist I to FT (budget impact $18,167), and various other appeals.
7. B-13g) Approve new hire Deputy Fire Marshal for Emergency Management, $76,413.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0455
7. B-13h) Approve new hire 4-H Youth Development Program Assistant for County Extension Office, $41,762.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 2-2-1 (White & Mitchell nay; Jacobs abstain)
7. B-13i) Approve reclassification of Administrative Manager for County Extension Office, $2,200.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Failed because Second was removed.
Discussed Records Management & Preservation Fund – reclassification of 2 DO I/Records Clerk positions.
ITEM 19 ADJOURNMENT 2:56PM
This set of minutes for July 25, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
