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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 August 1, 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 1st day of August, 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 Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Planning Manager.
Dr. Burton: Would you pray with me, please? God of Grace and God of Glory, we thank You for this day, the day that You have made. We thank You for Your goodness and Your steadfast love that endures to all generations. We pray Your blessing upon all those who serve this great nation, both at home and abroad. We ask Your special blessing upon our Commissioners Court and their families. We pray that all that is done here today would be pleasing to You. Bless us in Jesus' name. Amen.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. C) Approval of Resolution congratulating Jim Heath on being chosen as the State of Texas 2006 Legionnaire of the Year, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0456
ITEM 4 PUBLIC HEARINGS
4. A) Approve a REPLAT of the Lantana Golf Course, Parcel 4, Precinct #4, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0457
4. B) Approve a REPLAT of the Lantana Golf Course, Parcel 6, Precinct #4, and any appropriate action. Planning
Move to Open Public Hearing by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0458
ITEM 16 ADDENDA
16. A) Acceptance of the Adoption request by The City of Dallas to acquire Gregory, Nicholson and Waide Road Bridges. The City of Dallas understands that dedication plaques are required to be placed at each relocation site, referencing the origin of the bridge and its background. The exact language to be determined and approved by Commissioners Court at a later date, and any appropriate action. Public Works
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Carter nay)
Court Order 06-0459
ITEM 2 CONSENT AGENDA
AUDITOR
5. B) Approve the Annual Audit Report of the Operations of the Jail Commissary, and any appropriate action. (Briefing 7-25-06)
PURCHASING
6. A) Approval of award of bid for Tires and Tubes (Truck and Heavy Equipment), Bid #05-06-1761, to Gray’s Wholesale Tire, and any appropriate action. (Briefing 7-25-06)
6. B) Approval to declare miscellaneous vehicles, election equipment, computer/printer equipment, appliances, furniture and office supplies as surplus, to place items in ON-line Auction #07-06-1780 to be held August 2006, advertise, and any appropriate action. (Briefing 7-25-06)
6. C) Approval of specifications and authority to advertise for Detention Supplies, Bid #07-06-1783, and any appropriate action. (Briefing 7-25-06)
6. D) Approval of renewal of contract for Detention Supplies, Bid #06-05-1703 to Robinson Textiles for items 1 and 2, and Leslee Scott, Inc. for items 4 and 7, and any appropriate action. (Briefing 7-25-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. D) Approval of Budget Amendment Request #101580 for Part-Time Salaries for CHOS Museum in the amount of $1,777, and any appropriate action. (Briefing 7-25-06)
7. E) Approval of Budget Amendment Request #101600 for Vehicle Repairs for Sheriff’s Department in the amount of $13,298, and any appropriate action.
7. F) Approval of Budget Amendment Request #101630 for HMAC for Road & Bridge, Precinct #2 in the amount of $1,276, and any appropriate action.
7. G) Approval of Budget Amendment Request #101650 for Evidence Expense for Criminal District Attorney-CPS Division in the amount of $1,237, and any appropriate action.
7. H) Approval of Budget Amendment Request #101670 for Gasoline for Sheriff’s Department Mental Health Unit in the amount of $3,550, and any appropriate action.
7. I) Approval of Budget Amendment Request #101680 for Vehicle Repairs for Sheriff’s Department in the amount of $4,523, 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.) Brenda Linze, Administrative Specialist I/Criminal District Attorney; Jessie Rennaker, Deputy Clerk/Tax Assessor-Collector; Fredrick Shauer, Communications Officer/Communications; Sadie Christman, Communications Officer I/Communications; Joshua Robinson, Communications Officer/Communications; Carrie Chordas, Mental Health Investigator/Sheriff’s Mental Health Unit; Debra Wilson, Senior Administrator/County Clerk; Robert Stewart, Court Reporter/County Criminal Court #3; Jared Winter, Juvenile Probation Officer/Juvenile Detention.
HEALTH
9. A) Approval of contract amendment to the Crisis Counseling Services Grant with the Department of State Health Services, designed to provide mental health assistance to Hurricane Katrina victims, and any appropriate action. (Briefing 7-25-06)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0460
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
NO ACTION
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 $ 3,534.25 to The Wright Firm, LLP, void invoice per vendor;
$ 196.54 to Office Depot, not paid against PO;
Juv $ 78.74 to Garden Woodlake, incorrect vendor;
ADDITIONS—
GENERAL $ 29.00 to Steve Mossman, Tax Assessor, stop payment fee;
Juv Acct Grant $ 20.44 to Verizon Wireless Messaging, svc – Juv Pros Grant;
JP#2 $ 21.95 to DVI Pentelstore, office supplies – JP#2;
SO Forfeiture $ 10,000.00 to David Scott, replenish impress funds.
Move to approve amended bill report by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 06-0461
ITEM 6 PURCHASING
6. E) Approval of award of bid for Flexible Base (Grade 1, Type A) Road and Bridge East, Bid #06-06-1769, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0462
ITEM 7 BUDGET
7. C) Accept the submission of the appraisal roll for Denton County for tax year 2006 from the Tax Assessor/Collector, and any appropriate action. (Formal 7-25-06)
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0463
7. J) Presentation of the effective and rollback tax rates for Denton County for tax year 2006, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0464
ITEM 10 PUBLIC WORKS
10. A) Approve the Final Plat of the Isabel Addition, Phase B, Precinct 4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0465
ITEM 13 OTHER DEPARTMENTS
13. A) Approval the appointment of Election Judges for the Election Year 2006-07 for Denton County, Texas, and any appropriate action. Elections Department
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0466
13. B) Approve execution of easement with Army Corp. of Engineers for Lewisville Lake Bridge, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0467
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. B) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and Mohammad H. Mehrkhast and Fathieh Mehrkhast 1997 Revocable 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 Mohammad H. Mehrkhast and Fathieh Mehrkhasst 1997 Revocable 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 property from Mohammad H. Mehrkhast and Fathieh Mehrkhasst 1997 Revocable Trust with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0468
14. C) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and Robert and Janet Balekian 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 Robert and Janet Balekian: 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 property from Robert and Janet Balekian with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner Precinct #3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0469
14. D) Approval of Parker County’s agreement as a part of the Tarrant-Parker-Denton County Medical Examiner’s District Agreement for 2005-2006 fiscal year, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0470
14. E) Approval of the Merger of PayFlex Systems USA, Inc., a Nebraska corporation with PayFlex Acquisition Company, Inc., a Nebraska corporation, and wholly-owned subsidiary of PayFlex Holdings, Inc., which Denton County, Texas contracts with for the Flexible Benefits Plan Administrative Services Agreement as a member of the Public Employee Benefits Cooperative of North Texas, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0471
ITEM 17 RECESS 9:44AM
ITEM 18 RECONVENE 9:46AM
ITEM 16 ADDENDA
16. B) Acceptance of the Donation Deeds for the Old Alton Road Realignment Project from Property owners, Roger A. and Cherry L. Stephens, and any appropriate action. Public Works
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0472
16. C) Approval of one year renewal of the Software License Agreement and Assumption of Maintenance Agreement between Denton County, Texas, and Environmental System Research Institute, Inc., (“ESRI”) for the two concurrent software licenses files for ARC/INFO ARCGIS 9.0 for the Denton County GIS program, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0473
16. D) Approval of the Third Amendment to the Purchase Agreement for the Financial Management Software between STW, Inc., and Denton County, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0474
16. E) Approval of the Contract Agreement between L.H. Lacy Company Ltd., and Denton County for the Lewisville Lake Corridor Project, Section 3, in Denton County, Texas, Bid #04-06-1754, located in Commissioner Precinct #1, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0475
16. F) Approval of the Contract between Denton County and RFP Depot, LLC for lease/purchase of a Secure Online Competitive Solicitation System, with an effective date commencing August 1, 2006, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0476
ITEM 17 RECESS 9:51AM
ITEM 18 RECONVENE 9:56AM
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 9:57AM
Reconvened in Formal Session 10:20AM
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.
16. G) EXECUTIVE SESSION: 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. DA/Civil
NO ACTION ON ANY EXECUTIVE ITEMS
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.
Effective and Rollback Tax Rate Discussion
7. B-2) Reduce contingency funds for the Criminal Justice Computer System and
finance the additional $500,000.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0477
Mobile Video Report for Constables
7. B-3a) Lease mobile video equipment for the Constables that requested them; 4
units for Constable, Pct #2; 6 units for Constable, Pct #4; 5 units for
Constable, Pct #5; 5 units for Constable, Pct #6.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Failed 2-3-0 (White, Horn, & Mitchell nay)
7. B-3b) Rescind prior action to approve the purchase of mobile video equipment for the Constable #2, #4, #5, and #6.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Jacobs & Carter nay)
Court Order 06-0478
Taser Report for Constables
7. B-4) Include $7,521 for 2 tasers a piece and equipment for all Constables
that requested tasers; Constable #2, #5, and #6.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 2-3-0 (White, Horn, and Mitchell nay)
Emergency Services
7. B-5a) Transfer position from Aide to the Court to Emergency Services; from
Aide to the Court Assistant (Pay Grade 19/Step 9) to Administrative Specialist
II (Pay Grade 18/Step 11), effective date is October 1, 2006.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 06-0479
District Judges’ Salary Supplement and Juvenile Board Compensation
7. B-6) Approve increasing the District Judge’s Salary Supplement to $11,000 and
Juvenile board Compensation to $2,000.
Move to approve by Comm. Carter.
Motion Failed for lack of second.
Other Discussions
Discussed court reporters’ salaries and related expenses.
Tax Assessor-Collector
Discussed the new hire request for a Deputy Clerk-Motor Vehicle in Denton.
Taser Report for Constables
Discussed the motions made in court previously to approve the tasers.
Constable Pct#6 – Laptops, supplies and software
7. B-9a) Approve replacing 4 desktop computers with 5 laptop computers and 4
desktop docking stations and related expenses for a total cost of $25,468 for
Constable, Pct. 6.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 06-0480
7. B-9b) Approve eliminating Pager line item and reallocate funding to Mobile Phone line item for Constable, Pct. 6.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0481
County Extension – 4-H Program Assistant New Hire
Discussed the new hire of 4-H Program Assistant for County Extension.
Jail Expansion
7. B-11) Approve expansion of both units as outlined on A-84 including the
revenue projections.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0482
Constable Reclassification Scenarios
7. B-8) Approve Commissioner Carter’s recommendation for Constable Office
Reclassifications: Deputies from Grade 21 to Grade 22; Sergeants from Grade 22
to Grade 24; Chief Deputies from Grade 23 to Grade 25; all be placed on closest
step plus one.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Failed 2-3-0 (White, Horn, & Mitchell nay)
ITEM 7B continued after break.
ITEM 17 RECESS 12:08PM
ITEM 18 RECONVENE 1:36PM
Commissioner Jacobs was absent when court reconvened.
ITEM 7B continued…
Emergency Services
7. B-5b) Bail Bond Board will determine who they want to handle their meeting
notices and other paperwork.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0483
Justice of the Peace, Pct #5
Discussed Precinct #1 Government Center needs for the Justice of the Peace,
Precinct 5 office; specifically new hires.
NASCO Dues
7. B-13) Approve increase of budget for NASCO dues from $15,000 to $20,000.
Move to approve by Judge Horn.
Motion withdrawn
Health Insurance
Discussed the budgeted funds for health insurance.
Future Agenda Items
Discussed the items that will be returning to the budget agenda next week.
ITEM 19 ADJOURNMENT 2:10PM
This set of minutes for August 1, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
