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 August 22, 2006.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 22nd 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 Harold Jackson, Maintenance Assistant, Facilities, followed by the Pledges of Allegiance to the American and Texas Flags led by Amanda Gross, Chief Administrator, Commissioner, Precinct 1.

Mr. Jackson: Let's bow our heads. My Heavenly Father, I'd like to say thank You for this morning. My Heavenly Father, I'd like to thank You for 25 years of working here for Denton County. And I'd like to thank You. I really do. My Heavenly Father, I'd like to thank You for all of the people that work in the department and I thank You for all of the relationships that I developed during the 25 years. And Lord, I pray that all decisions that are made today be honest decisions and the right decision. In Jesus' name. Amen.

ITEM 1 PUBLIC INPUT

Amy Manuel requested the Denton County join the coalition of North Texas communities that are opposing the fast tracking of 17 new coal burning plants in the Metroplex.

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 $ 175.00 to Sam Houston State University, per department;
$ 200.00 to Texas Assoc of Counties, per department;
$ 335.61 to Holiday Inn Express, per department;
$ 90.00 to Rhodes, Wayne, per department;
$ 414.34 to Office Depot, not paid against P.O.;
CORRECTIONS—
GENERAL $ (4.99) to Smith Devoss Atty & Counselors, correct amount to $1400.00;
$ 1,310,000.00 to City of Hickory Creek Finance, incorrect vendor – issue to City of The Colony;
ADDITIONS—
GENERAL
Telephone $ 2,964.29 to AT&T, svc – Electronic Billing;
PH $ 1,841.00 to Texas Medical Liability Trust, malpractice insurance.

Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0504

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of award for Annual Voice and Data Cabling, RFP #05-06-1760, to Richmond Communications Group, Inc., and any appropriate action. (Briefing 8-15-06)

6. B) Approval of specifications and authority to advertise for Fire Alarm Panel Upgrade Denton County Sheriff’s Office Main Jail, Bid #08-06-1787, and any appropriate action. (Briefing 8-15-06)

BUDGET

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

7. B) Approval of Budget Amendment Request #101800 for Computers for Public Works Administration/Engineering for $24,790, and any appropriate action. (Briefing 8-15-06)

7. C) Approval of Budget Amendment Request #101810 for Court Reporting including the transfer of $1,025 from Non-Departmental Unappropriated Regular Contingency for Commissioners Court in the amount of $3,000, and any appropriate action. (Briefing 8-15-06)

7. D) Approval of Budget Amendment Request #101820 for Gasoline for Constable, Precinct #1 in the amount of $3,062, and any appropriate action.

7. E) Approval of Budget Amendment Request #101830 for various line items for Elections Administration in the amount of $11,329, and any appropriate action.

7. F) Approval of Budget Amendment Request #101840 for County Barn Improvements for Road and Bridge, Precinct #4 in the amount of $13,601, and any appropriate action.

7. G) Approval of Budget Amendment Request #101850 for HMAC for Road and Bridge, Precinct #4 in the amount of $36.035, and any appropriate action.

7. H) Approval of Budget Amendment Request #101910 for HMAC and Asphalt Products for Road and Bridge, Precinct #1 in the amount of $56,000, 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.) Shelindra Carter, Juvenile Probation Officer/JJAEP; Barry Acfalle, Detention Officer II/County Jail; Wanda Vinson, Crisis Counselor/Outreach Worker/Crisis Counseling Program Grant.

OTHER DEPARTMENTS

13. A) Approval of Information Services Management Committee policies: 3.2 (Software Policy), 3.3 (Hardware Policy), 3.6 (Computer Replacement Policy), 5.6 (Security Policy), 5.7 (System Backups), and 12.2 (Internet Policy), and any appropriate action. Information Services

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 06-0505

ITEM 6 PURCHASING

6. C) Approval of rejection of bids for Pharmaceutical Services, Bid #06-06-1764, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0506

6. D) Approval of specifications and authority to advertise for Pharmaceutical Services-Public Health, Bid #08-06-1791, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0507

6. E) Approval of award of bid for the Smiley Road Paving Improvement Project, Bid #06-06-1779, to Reynolds Asphalt and Construction Co., for $172,644.12, from the Precinct 1, Trip 04 Discretionary Funds, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0508

6. F) Approval of specifications and authority to advertise for Medical Lab Services, RFP #08-06-1792, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0509

6. G) Approval of award for Audio/Visual System for Emergency Operations Center, RFP #05-06-1759, to ECI Video, as the State of Texas CISV Best Value, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0510

ITEM 13 OTHER DEPARTMENTS

13. B) Approval to Call Local Option Election – City of Denton for “the Legal Sale of Mixed Beverages in Restaurants by Food And Beverage Certificate Holders Only and “The Legal Sale of Beer and Wine for Off-Premise Consumption Only” on November 7, 2006 at Denton County, Texas, Denton County. To designate the Elections Office as the main early voting site, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3 2006. The address of the early voting clerk is Don Alexander, P.O. Box 1720,Denton, TX 76202. La orden: Para llamar la elección local de la opción - la ciudad de Denton para “la venta legal de bebidas mezcladas en restaurantes de Food y la bebida certifican sostenedores solamente y “la venta legal de la cerveza y del vino para la consumición de la Apagado-Premisa solamente” el 7 de noviembre, 2006 en el condado de Denton, Tejas, Condado de Denton. To designate the Elections Office as the main early voting site, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3 2006. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0511

13. C) Approval to Call the General Election for Denton County Texas on November 7, 2006. To conduct a Joint Election with the cities of Dallas, Ft. Worth, Denton, Sanger, Ponder, Corinth, and Shady Shores, and with the Aubrey, Sanger and Krum Independent School districts. To designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the main early voting site, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3, 2006. Dates and hours of specific locations are as per attached memo. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202. La orden: Para llamar la elección general para el condado Tejas de Denton el 7 de noviembre, 2006. Para conducir una elección común con las ciudades de Dallas, Pie. Valor, Denton, Sanger, Ponder, Corinth, y orillas sombrías, y con el Districtos independientes de la escuela de Sanger y de Aubrey y de Krum. Para señalar la oficina de las elecciones, 401 West Hickory, Denton, TX 76201 as the main early voting site, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3, 2006. Dates and hours of specific locations are as per attached memo . The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0512

13. D) Approval to Call Local Option Election – City of Sanger for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” on November 7, 2006 at Denton County, Texas, Denton County. To designate the Elections Office as the main early voting site, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3 2006. The address of the early voting clerk is Don Alexander, P.O. Box 1720,Denton, TX 76202. La orden: Para llamar la elección local de la opción - ciudad de Sanger para “la venta legal de la cerveza y del vino para la consumición de la Apagado-Premisa solamente” el 7 de noviembre, 2006 en el condado de Denton, Tejas, Condado de Denton. Para señalar el oficina de las elecciones como la cañería que vota temprano el sitio, that early voting will begin October 23, 2006, that early voting will be conducted from October 23, 2006 thru November 3 2006. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0513

13. E) Approval of the appointment of DeTria Taylor to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0514

13. F) Approval of the appointment of Amy Radford to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0515
Discussion of item in Commissioners Court Transcript to minutes. (Page 14)

13. G) Approval of wording for plaque to be presented to TxDOT at a dedication ceremony for SH 121, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0516

ITEM 14 LEGAL

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

ITEM 16 ADDENDA

16. A) Approval of; 1) the Real Estate Contract between Denton County and Tony Salinas and wife, Caryn Salinas, for the purchase of property for the Lake Lewisville Corridor Project; 2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Tony Salinas and wife, Caryn Salinas; 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 Tony Salinas and wife, Caryn Salinas, with funding to come from the Lake Lewisville Corridor Project, Auditor #7401,and any appropriate action. (Commissioner Precinct #1)

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0517

16. B) Approval of 1) the Earnest Money Contract between Lake Dallas Independent School District and Denton County for the purchase of property for the Lake Lewisville Corridor Project, 2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the property from Lake Dallas Independent School District 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 Lake Dallas Lake Dallas Independent School District with funding to come from the Lake Lewisville Toll Bridge Corridor, TRIP ’04, Auditor #70-7401-90-10, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0518

16. C) Approval of Acceptance of the Temporary Construction Easement Agreement for the ODNeal Road Bridge Bypass Project for the following Property Owner, Irene Szymczak \S m z c\. aka Irene Laird, and any appropriate action. Public Works

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0519

16. D) Approval of the Donation Deeds for the Sam Bass Road @ Clear Creek Bridge Project from Property Owner, Dana Akins, and any appropriate action. Public Works

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0520

16. E) Approval of the Temporary Construction Easement Agreement, Special Warranty Deed and the Real Estate Contract for the Duck Creek Road Bridge Project from the following Owners: Danny L. & Marilyn M. Harris and Alice C. Gober Trust and any appropriate action. Public Works

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0521

ITEM 17 RECESS 9:23AM
ITEM 18 RECONVENE 9:51AM

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 9:52AM
Reconvened in Formal Session 10:19AM

Commissioner White and Commissioner Carter were absent after Executive Session.

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); 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. D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Jonathan E. Anderson v. Bing Burton, et al. in the Untied States Federal Court for the Eastern District of Texas, Sherman Division; Case no. 4:05cv361.

Move to assign this case to the Civil Division of the DA’s Office by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 06-0522

15. E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (10(A); James Paton v. Denton County and Denton County Information Services, Cause #2:05-CV-125.

15. F) 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.

15. G) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (10(A); Maricela Rodriquez vs. Bigelow Colorado Limited Liability Company d/b/a Budget Suites of America, in the United States District Court for the Eastern District of Texas, Sherman Division; Civil Action No. 4:06CV75.
NO ACTION ON EXECUTIVE ITEMS 15E, 15F, OR 15G

ITEM 17 RECESS 10:19AM
ITEM 18 RECONVENE 10:30AM

Commissioner White and Commissioner Carter were present after the recess.

ITEM 4 PUBLIC HEARINGS

4. A) Approve denial of a request for an amendment to the Lake Ray Roberts Land Use ordinance fro 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. Civil/DA

Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-1 (Horn abstain)

Randy O’Dell spoke in favor of overturning the recommendation of the LRRPZC.
Jim Horn spoke against overturning the recommendation of the LRRPZC.
Merrie Lou Abney spoke in favor of overturning the recommendation of the LRRPZC.
Craig Price spoke in favor of overturning the recommendation of the LRRPZC.
Mike Power spoke against overturning the recommendation of the LRRPZC.
Paul Guzik spoke against overturning the recommendation of the LRRPZC.

Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Horn abstain)

Move to overturn the Lake Ray Roberts Planning and Zoning Commission’s recommendation for denial by Comm. White, seconded by Comm. Carter.
Motion Failed 3-1-1 (Jacobs nay, Horn abstain) (4/5ths of the court must approve a motion to overturn for it to pass)

ITEM 19 ADJOURNMENT 12:18PM

This set of minutes for August 22, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.