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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 19, 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 19th 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 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 Dan Japhet, Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Brody Shanklin, Assistant District Attorney.
Mr. Japhet: Will you pray? Father, we ask Your wisdom and guidance as decisions are made today. We pray, Lord, for more rain. We pray the blessings over our men and women who serve overseas. We pray all of this for Jesus who died for all of our sins. In Jesus' name we pray. Amen.
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) Approval of a proclamation establishing Monday, September 25, 2006, as Family Day – A Day to Eat Dinner With Your Children in Denton County, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0568
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 $ 175.68 to Express Personnel Services, duplicate invoice;
PH $ 1,674.38 to Denton Prescription Shop, incorrect vendor;
DA-Forfeiture $ 4,591.90 to Gadd, Janet/Election, incorrect vendor;
CORRECTIONS—
94 Rd. Const. $ 15,000.00 to Griffin & Jones, incorrect fund s/b fund 68;
ADDITIONS—
DA-Forfeiture $ 4,591.90 to TX Dept of Public Safety, forfeiture-Clatt, P.
Move to approve amended bill report and auditor’s monthly financial report
for August 2006 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0569
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award for Medical Lab Services-Human Resources, RFP #06-06-1766, to Pinnacle Diagnostics and Laboratories, and any appropriate action. (Briefing 9-12-06)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #102200 for Salary, Assistants and Part-Time Salaries including the transfer of $13,146 from Non-Departmental Unappropriated Regular Contingency for Constable, Precinct #2 in the amount of $14,771, and any appropriate action. (Briefing 9-12-06)
7. C) Approval of Budget Amendment Request #102250 for Computers for District Attorney-Hot Check Fund in the amount of $10, and any appropriate action. (Briefing 9-12-06)
7. D) Approval of Budget Amendment Request #102260 for Attorney Fees/Denton-Tarrant County Line and Outside Counsel including the transfer of funds from Non-Departmental Unappropriated Outside Counsel and Vehicle Repair Contingency for Non-Departmental in the amount of $50,000, and any appropriate action. (Briefing 9-12-06)
7. E) Approval of Budget Amendment Request #102270 for Gasoline and Mobile Phone Expense including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Constable, Precinct #6 in the amount of $10,460, and any appropriate action. (Briefing 9-12-06)
7. F) Approval of Budget Amendment Request #102280 to increase revenues and allocate expenditures for Bank Service Charges for Debt Service in the amount of $108,200, and any appropriate action. (Briefing 9-12-06)
7. G) Approval of Budget Amendment Request #102290 to increase revenues and allocate expenditures for Victim Notification Services for Criminal District Attorney in the amount of $3,235, and any appropriate action. (Briefing 9-12-06)
7. H) Approval of Budget Amendment Request #102300 for Electric/Water Service including the transfer of $4,224 from Non-Departmental Unappropriated Regular Contingency for CSCD (Adult Probation) in the amount of $5,000, and any appropriate action. (Briefing 9-12-06)
7. I) Approval of Budget Amendment Request #102310 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for Probate Court in the amount of $20,000, and any appropriate action. (Briefing 9-12-06)
7. J) Approval of Budget Amendment Request #102320 for Diesel for Road and Bridge, Precinct #1 in the amount of $723, and any appropriate action. (Briefing 9-12-06)
7. K) Approval of Budget Amendment Request #102350 for Operating Supplies for Department of Emergency Services in the amount of $18,000, and any appropriate action. (Briefing 9-12-06)
7. L) Approval of Budget Amendment Request #102360 for Repairs and Maintenance for Joseph A. Carroll Denton County Administration in the amount of $5,505, and any appropriate action. (Briefing 9-12-06)
7. M) Approval of Budget Amendment Request #102390 for computer Software for Sheriff’s Department in the amount of $2,491, and any appropriate action.
7. N) Approval of Budget Amendment Request #102440 for Court Appointed Attorney Family for 158th District Court in the amount of $5,800, 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.) Carole Erskine, Health Services Specialist II/Jail Health Department; Heather Norie, Health Services Specialist II/Jail Health Department; Nikki Brackin, Health Services Specialist I/Jail Health Department; Wayne Saviers, Detention Officer I/County Jail; Marcus Coulter, Communications Officer/Communications; Diana Arias, Office Support Specialist II/Human Resources; Carrie Smith, Deputy Clerk/District Clerk; Amanda McElroy, Senior Clerk-Recording/County Clerk; Dana Anderson, Juvenile Detention Officer/Juvenile Detention; Bobby Hale, Jr., Driver/Equipment Operator/Road & Bridge, Pct. #1; Don Click, Telecommunications Manager/Information Services; Andrekus Dixon, Adult Probation Officer/CSCD (Adult Probation); Chandria Moore, Detention Officer I/County Jail.
OTHER DEPARTMENTS
13. A) Approval of Building Usage Request from Dancing Moose Productions for use of the Commissioners Courtroom, Conference Room, and 1896 Room on Saturday, December 2, 2006, from 8:00 am to 3:00 pm, and any appropriate action. (Briefing 9-12-06) Aide-to-the-Court
13. B) Approval of Building Usage Request from City of Denton for use of the CHOS Lawn, on October 31, 2006, from 5:00 pm to 10:00 pm for the purpose of Ghost Stories, and any appropriate action. (Briefing 9-12-06) Aide-to-the-Court
LEGAL
14. B) Approval of the Professional Service Employment Agreement for Denton County Mental Health Court between Dr. James G. Shupe and Denton County, Texas, and any appropriate action.
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0570
ITEM 6 PURCHASING
6. B) Approval of exemption from bidding process for a Sole Source purchase of a Motorola Embassy Network Ambassador Electronics Bank from Motorola Communications and Electronics, Inc., in compliance with Section 262.024 (a)(7)(A) and (D) of the Local Government Code and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0571
6. C) Approval of the purchase of a Reverse 911 Communications System through the TXMAS Cooperative purchasing program, from Reverse 911/Sigma Communications for $74,856.00, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0572
ITEM 4 PUBLIC HEARINGS
4. A) Approval of County Clerk’s Records Archive fund, fee and plan, and any appropriate action. County Clerk
Move to Open Public Hearing by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0573
4. B) Approval of the County Clerk’s Records Management fund, fee and plan, and any appropriate action. County Clerk
Move to Open Public Hearing by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0574
ITEM 16 ADDENDA
16. A) Approve any appropriate action related to the Verification of
Petitions for Local Option Election –Justice of the Peace Precinct 5 and any
appropriate action. Discuta la verificación de las peticiones para la elección
local de la opción - justicia del recinto 5 de la paz y de cualquier acción
apropiada. Elections Department
NO ACTION – REPOST
16. B) Approval to Amend the Order for General Election for Denton County Texas on November 7, 2006, as follows “To conduct a Joint Election with the cities of Dallas, Ft. Worth, Denton, Sanger, and Ponder, and with the Aubrey, Sanger and Krum Independent School Districts and Denton County Fresh Water Supply District #1F and #1G. 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”, and any appropriate action. La orden: Para enmendar la orden para la elección general para el condado Tejas de Denton el 7 de noviembre, 2006, como sigue “Para conducir una elección común con las ciudades de Dallas, Pie. Valor, Denton, Sanger, y Ponder, y con el Aubrey, Sangery districtos independientes de la escuela de Krum y districto #1F y #1G de la fuente del agua dulce del condado de Denton. Para señalar la oficina de las elecciones, Nuez dura del oeste 401, Denton, TX 76201 como la cañería que vota temprano el sitio, eso que vota temprano comenzará el 23 de octubre, 2006, eso que vota temprano será conducida a partir del 23 de octubre, 2006 hasta el 3 de noviembre, 2006. Las fechas y las horas de localizaciones específicas. Elections Department
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0575
ITEM 17 RECESS 10:02AM
ITEM 18 RECONVENE 10:12AM
ITEM 6 PURCHASING
6. D) Approval of award of Pharmaceutical Services-Public Health, Bid
#08-06-1791, and any appropriate action.
Move to approve awarding both Denton and Lewisville to Avia by Comm. Carter,
seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0576
ITEM 8 HUMAN RESOURCES
8. B) Approve adopting 2007 Plan of 8.95% for the Texas County and District Retirement System, and any appropriate action. (Briefing 9-12-06)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0577
8. C) Approve retiree premiums for Plan Year 2007, and any appropriate action. (Briefing 9-12-06)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0578
ITEM 13 OTHER DEPARTMENTS
13. C) Approve the appointment of Catherine Reynolds to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0579
13. D) Approval of the appointment of Mr. William “Bill” Lawrence to the Denco Area 9-1-1 District Board of Managers, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0580
13. E) Approval of the re-appointment of Mr. Jack Miller to the Denco Area 9-1-1 District Board of Managers, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 06-0581
13. F) Approval of any appropriate action related to Denton County Burn Ban and Drought Conditions. Emergency Services
Move to approve temporarily removing the burn ban and revisiting it each week
by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 06-0582
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. C) Approval of a) the Project to improve Blackjack Road East from E. Sherman Drive going West to the City limits for a length of 3,612 feet by 19 feet, Tisdale Street from Magnolia Street going East to Highway 377 for a length of 1,101 feet by 20 feet and DeMoye Street from Magnolia Street going East to Highway 377 for a length of 1,092 by 22 feet and b) the Interlocal Cooperation Agreement between the City of Aubrey and Denton County, Texas, for the Project to improve Blackjack Road East from E. Sherman Drive going West to the City limits for a length of 3,612 feet by 19 feet, Tisdale Street from Magnolia Street going East to Highway 377 for a length of 1,101 feet by 20 feet and DeMoye Street from Magnolia Street going East to Highway 377 for a length of 1,092 by 22 feet located in the City of Aubrey, Denton County, Texas, Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0853
14. D) Approval of the bond for each of the following Ex-Officio Road Commissioners in accordance with the Texas Local Government Code, Section 88.001 and Transportation Code Section 252.004: 1) Cynthia White, Precinct 1, 2) Sandy Jacobs, Precinct 2, 3) Bobbie J. Mitchell, Precinct 3, and Jim Carter, Precinct 4, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0584
ITEM 16 ADDENDA
16. C) Approval of the Public Auction of the Freeman Road Bridge, AA01-12-002, and any appropriate action. Public Works/Engineering
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0585
16. D) Approve the Final Plat of Continental Congress Village at Savannah Phase 6.A, Precinct 1, and any appropriate action. Public Works/Planning
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 06-0586
16. E) Approval of the Annexation by the City of Denton of County Property on Masch Branch Road, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0587
16. F) Approval of the Reserve Deputy Constable Positions are approved for
the various Constables as follows: Constable, Precinct 1, Constable, Precinct 2,
Constable, Precinct 3, Constable, Precinct 4, Constable, Precinct 5, Constable,
Precinct 6, and any appropriate action. DA/Civil
NO ACTION – REPOST
16. G) Approval of the Bonds and Oaths for each of the following Reserve
Deputy Constables in accordance with the Texas Local Government Code, Section
86.004, and Texas Government Code, Section 604.001; 1) Thomas Tourk, Reserve
Deputy Constable Precinct 2, 2) Robert Powell, Reserve Deputy Constable Precinct
2, 3) Frank Mills, Reserve Deputy Constable Precinct 2, 4) David McCreary,
Reserve Deputy Constable Precinct 2, and 5) Jeremy Ivanovskis, Deputy Constable
Precinct 2, and any appropriate action. DA/Civil
NO ACTION – REPOST
16. H) Approval of a) the Resolution authorizing participation in the
Agreement to Contribute Funds for Local Government and b) the Agreement to
Contribute Funds for Local Government between Denton County, Texas, and the
State of Texas, acting through the Texas Department of Transportation for the FM
423 from US 380 to SH 121 Project, ROW CSJ 1315-02-010 & 1567-02-029 and CCSJ
1315-02-009 & 1567-02-027, located in Precinct 2, with funding to come from
Precinct 2, FM 423, Auditor #70-7358-90-10, and any appropriate action. DA/Civil
NO ACTION - REPOST
16. I) Approval of the Resolution authorizing participation in the Agreement to Contribute Funds for Local Government and the Agreement to Contribute Funds for Local Government between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the FM 407 from FM 1830 to Briarhill Blvd. Project, CCSJ 1785-01-028, located in Precinct 4, with funding to come from Precinct 4, FM 407, Auditor #70-7424-90-10, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0588
16. J) Approval of the Contract Agreement between Isbell Engineering and Denton County for the Foundation Repairs Phase II at the Denton County Courts Building RFQ #02-05-1665, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 06-0589
16. K) Approval of the Subscription Plan Amendment for State/Local Government between Denton County, Texas, and LexisNexis, a division of Reed Elsevier, Inc. for Legal Research for the Denton County Criminal District Attorney’s Office, and any appropriate action. DA/Civil
Move to approve with the contingency that there will be a Budget Amendment
required later on next year coming out of the District Attorney’s budget by
Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order
16. L) Approval of the Third Amended Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Copper Canyon for Chinn Chapel Road from the Town of Copper Canyon’s south limits to Orchid Hill Road, located in Precinct 4, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0591
16. M) Approval of the Resolution authorizing participation in Local Participation Advanced Funding Agreement (LPAFA) for the Local Project Advanced Funding Agreement (LPAFA) for Voluntary Local Government Contributions to Transportation Improvements Projects with No Required Match between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for FM 1171 from IH 35W to US 377 Project CSJ 1311-01-035, located in Precinct 4, with funding to come from Precinct 4, FM 1171-Section 3, Auditor #70-7360-70-20, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 06-0592
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 10:42AM
Reconvened in Formal Session 11:01AM
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 EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:01AM
This set of minutes for September 19, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
