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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 September 5, 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 5th day of September, 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 Tommy Brewer, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.
Mr. Brewer: Lord, we come to You today with great thanksgiving in our heart. We didn't miss sunny picnics. We just danced in the rain and we loved every second of it. I hope you heard our collective sigh. This morning we praise Your name and send this Invocation in thanks and appreciation for sustaining us through the hot and dry summer. Let us treat this day as a new beginning with the light giving rain You have provided. Father, we pray Your blessing on this Court and ask Your protection and safety for our men and woman in uniform both at home and abroad. May these deliberations today be pleasing to You. In the name of Jesus Christ. Amen.
ITEM 2 CONSENT AGENDA
(Pulled Item 14C for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award for Janitorial Service, Bid #04-06-1755, to Members Building Maintenance for $226,455.12, and any appropriate action. (Briefing 8-29-06)
6. B) Approval of award for Armored Car Services, Bid #06-06-1768, to Dunbar Armored, Inc., and any appropriate action. (Briefing 8-29-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101950 for Court Appointed Attorney-Family and Criminal including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency @ $15,000 and the transfer of $85,000 from the 393rd District Court for the 16th District Court in the amount of $100,000, and any appropriate action. (Briefing 8-29-06)
7. C) Approval of Budget Amendment Request #101960 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for 158th District Court in the amount of $40,000, and any appropriate action. (Briefing 8-29-06)
7. D) Approval of Budget Amendment Request #101970 for various Court Ordered Line Items including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for 211th District Court in the amount of $97,500, and any appropriate action. (Briefing 8-29-06)
7. E) Approval of Budget Amendment Request #101980 for Court Appointed Attorneys and Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for 362nd District Court in the amount of $110,000 and any appropriate action. (Briefing 8-29-06)
7. F) Approval of Budget Amendment Request #102000 for various Court Ordered line items including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for 367th District Court in the amount of $120,000, and any appropriate action. (Briefing 8-29-06)
7. G) Approval of Budget Amendment Request #102030 for Copier Supplies for Print/Mail Department in the amount of $15,000, and any appropriate action. (Briefing 8-29-06)
7. H) Approval of Budget Amendment Request #101920 for Office Supplies for Public Works/Planning in the amount of $8,076, and any appropriate action.
7. I) Approval of Budget Amendment Request #102050 for Vehicle Repairs for Sheriff’s Department in the amount of $4,000, and any appropriate action.
7. J) Approval of Budget Amendment Request #102070 for HMAC for Road and Bridge, Precinct #1 in the amount of $27,740, and any appropriate action.
7. K) Approval of Budget Amendment Request #102080 for Law and Reference Books and Legal Ads for Purchasing Department in the amount of $1,800, and any appropriate action.
7. L) Approval of Budget Amendment Request #102150 for HMAC for Road and Bridge, Precinct #1 in the amount of $8,948, 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.) Patrick Lawler, Public Health Preparedness Intern/Bioterrorism Grant; Joseph Wilson, Engineering Technician II/Public Works Admin/Engineering; Billy Lantrip, Heavy Equipment Operator/Road & Bridge, Pct. #4; Bruce Stewart, Deputy Sheriff/Sheriff; Richard Carlson, Detention Officer II/County Jail; Paul Clark, Detention Officer II/County Jail.
HEALTH
9. A) Approval of a contract with the Department of State Health Services (DSHS) for funding support through the Bureau of Regional and Local Health Office, and any appropriate action. (Briefing 8-29-06)
PUBLIC WORKS
10. A) Approve the Final Plat of the Azalea Addition – Phase A, Precinct 4, and any appropriate action.
OTHER DEPARTMENTS
13. A) Approval of 2007 Sheriff & Constable fees as required under Local Government Code, Section 118,131, and any appropriate action. County Judge (Briefing 8-29-06)
LEGAL
14. B) Approval of Inter-local Cooperation Agreement for Tax Collection between Denton County, Texas and (1) the Town of Aubrey; (2) the City of The Colony; (3) Denton County Fresh Water Supply District 1-C; and (4) Clear Creek Watershed Authority, and any appropriate action. (Briefing 8-29-06)
Move to approve Consent Agenda with the exception of Item 14C by Comm.
Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-1 (Jacobs abstain)
Court Order 06-0538
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. C) Approval of the Renewal of the Lease Agreement between the City of Denton and Denton County regarding Parking spaces at the Williams Trade Square and any appropriate action. (Briefing 8-29-06)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0539
14. D) Approval of the Chapter 381 Tax Abatement Agreement between Denton County, Texas, and FMBP Industrial 1, L.P., a Delaware Limited Partnership, located in Flower Mound, Texas, Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 06-0540
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
3. C) Presentation by Linda Ratliff, Director of Economic Development, City of Denton for consideration of approval of the adoption of the resolution supporting the establishment of a Foreign Trade Zone (FTZ) in the City of Denton’s Industrially-zoned Area near Denton Airport and at the University of North Texas Research Park in order to stimulate economic development growth and activity, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0541
Discussion of item in Commissioners Court Transcript to minutes. (Page 13)
3. D) Presentation of the quarterly report of the Denton County Alternative Dispute Resolution Program, and any appropriate action. County Judge
Commissioner White arrived during the discussion of Item 3D.
Move to approve the quarterly report by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0542
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 $ 300.00 to Kimberly Shanklin, Atty, incorrect amount;
$ 311.62 to Office Depot, not paid against P.O.;
ADDITIONS—
Juv $ 78.74 to Garden Ridge at Valley Co, utility service – Juv Prob;
2003 Tax $ 223,481.80 to Maxim Mechanical Service, Sheriff’s HVAC replacement.
Move to approve amended bill report by Comm. Carter, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 06-0543
ITEM 6 PURCHASING
6. C) Approval of specifications and authority to advertise for Wildcat Road Paving Improvement Project, Bid #08-06-1794, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0544
6. D) Approval of award for Security and Access Control Systems, RFP #07-06-1782, to Stanley Security Solutions, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0545
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of the placement of “No Parking” signs on Ike Byrom Road in Precinct 1 and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 06-0546
Court Order 06-0546
13. C) Approval to submit Application for Citizen Corps Grant Project to North Central Texas Council of Governments, and any appropriate action. Emergency management
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0547
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. E) Presentation by Mr. Gregg Cooke regarding Clean Air Act matters, and
any appropriate action. County Judge
NO ACTION
ITEM 4 PUBLIC HEARINGS
4. A) Public Hearing on the Denton County Budget for FY 2006-2007. Budget Office
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
4. B) Approve the adoption of the 2006-2007 Denton County Budget of $150,449,433, and any appropriate action. Budget Office
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0548
4. C) Approval of the adoption of the tax rate on $100 of taxable value for Denton County for tax year 2006 includes $0.19279 for the purpose of maintenance and operation and $0.03913 for the payment of principal and interest on debt service, for a total County tax rate of $0.23192; THIS RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0549
ITEM 17 RECESS 10:40AM
ITEM 18 RECONVENE 11:21AM
ITEM 14 LEGAL
14. E) Approval of the Release Agreement between Great American Insurance Company and Denton County for the Shady Shores Drive - Related to the completion of the Shady Shores Paving Improvement Project, 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 06-0550
14. G) Approval of the Contract Agreement between Advanced Paving Company, and Denton County for the Shady Shores Drive – Completion of Deficient Work Under Bond with Great American Insurance Company Project, 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 06-0551
14. F) Approval of the Contract Agreement between Calvert Paving Corporation, and Denton County for the Sedalia Trail and Saratoga Trail Drainage Improvement Project, Bid #06-06-1762, in the amount of $103,950.00, from the Commissioner Precinct 1 budget line 20-5250-8510 (Contract Road Work) and Engineering’s budget line 20-5220-8550 (Contract Labor) Project 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 06-0552
14. H) Approval to renew Contract No. 07-C0139, Cooperative Agreement between the Office of the Attorney General of the State of Texas and Denton County, Texas, to furnish Registry Only court order information to the Denton County District Clerk’s office relating to Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B, and Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle B, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0553
ITEM 16 ADDENDA
16. A) Approval of the Contract Agreement between Quality Excavation, Ltd and Denton County for the Lariat Trail Drainage and Paving Improvement Project, Bid #07-06-1775, in the amount of $239,030.50, located in Commissioner Precinct #2, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0554
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 11:25AM
Reconvened in Formal Session 1:35PM
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.
15. D) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): to
deliberate the annual performance evaluation of a public employee: Director of
Public Facilities.
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 1:36PM
This set of minutes for September 5, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
