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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 26, 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 26th 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 Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Beth Fleming, Purchasing Director.
Dr. Burton: Will you pray with me, please? Oh, Lord our Lord, how majestic is Your name in all the earth? The beauty of the morning, Lord, reminds us of Your eternal glory and of our human frailties and so we put our trust in you. We pray Your blessing upon all of those who serve this country, both at home and abroad. We ask Your blessing upon this Commissioners Court and their families and we pray that You would bless all who entered here today. For Jesus' sake. Amen.
ITEM 2 CONSENT AGENDA
(Item 7A pulled for NO ACTION.)
PURCHASING
6. A) Approval of revision of Purchasing Policy 3.2: Purchasing Requirements – Bidding/Proposal Process and Procedures, and any appropriate action. (Briefing 9-19-06)
6. B) Approval of Evaluation Committee recommendation for ranking of firms for RFQ #03-06-1748 for design of the Denton County Administration facility(s) on Loop 288 and Morse Street; declaring HDR Architects, Inc. as the most qualified firm; authorize negotiations; and any appropriate action. (Briefing 9-19-06)
6. C) Approval of report on proceeds from Surplus On-Line Auction Sale #07-06-1780 held in August, 2006, and any appropriate action. (Briefing 9-19-06)
6. D) Approval of award of bid for Lubricants and Oils, Bid #07-06-1785, to Jesse P. Taylor Oil Company, and any appropriate action. (Briefing 9-19-06)
6. E) Approval of award of bid for Tires and Tubes (Passenger and Light Trucks), Bid #07-06-1786, to Southern Tire Mart, and any appropriate action. (Briefing 9-19-06)
6. F) Approval as donation and declare as surplus a GLOCK Model 20 – 10MM Pistol, Serial #VW162US and use as trade-in toward the purchase of a GLOCK Model 19 – 9MM Pistol and any appropriate action. (Briefing 9-19-06)
BUDGET
7. C) Approval of Budget Amendment Request #102440 for Salary, Assistants from Personnel Contingency to Various County Departments for a total of $10,748, and any appropriate action. (Briefing 9-19-06)
7. D) Approval of Budget Amendment Request #102410 for Utilities including the transfer of funds from Non- Departmental Unappropriated Regular Contingency for Child Protective Services in the amount of $6,700, and any appropriate action. (Briefing 9-19-06)
7. E) Approval of 2005 State Homeland Security Grant Program Subrecipient Agreement (Grant Adjustment Notice) approval of associated budget amendment request #102420 to decrease revenues and expenses in the amount of $103,760, and any appropriate action. (Briefing 9-19-06)
7. F) Approval of Budget Amendment Request #102430 for Court Appointed Attorneys and Statement of Facts including the transfer of $20,000 from Non-Departmental Unappropriated Court Ordered Contingency for 367th District Court in the amount of $21,200, and any appropriate action. (Briefing 9-19-06)
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.) Lewis Dale Nelson, Maintenance Scheduler/Dispatcher/County Operations; Joshua Shuppert, Detention Officer/County Jail; Brandon Crooks, Deputy Clerk/District Clerk; Cody Stewart, Heavy Equipment Operator/Road & Bridge, Pct. #1; Jesse Garn, Network Manager/Information Services; Jeannine Petty, Internal Auditor/County Auditor; Misty Lowry, Juvenile Corrections Officer/Post Adjudication; Patricia Burchett, Deputy Clerk/Tax Assessor-Collector; Tamra Keill, Office Support Specialist II/Elections Administration Department.
8. B) Approve a new job description for a Background Investigator in the Sheriff’s Department, and any appropriate action. (Briefing 9-19-06)
HEALTH
9. A) Approval of a contract with DSHS for Immunization funding, and any appropriate action. (Briefing 9-19-06)
9. B) Approval of contract with DSHS for Public Health Preparedness (PHP) Funding, (formerly referred to as Bioterrorism), and any appropriate action. (Briefing 9-19-06)
SHERIFF
12. A) Approve acceptance of the FY 2006 Byrne Memorial Justice Assistant Grant (JAG) Program in the amount of $37,074.00, and any appropriate action. (Briefing 9-19-06)
OTHER DEPARTMENTS
13. A) Approval of Building usage request to use the Courthouse-on-the-Square and Lawn from Friends of the Family on October 5, 5006 from 4:30 pm to 8:30pm for the purpose of a Candle Light Vigil to Remember Victims of Relationship Violence and the Denton County Courts Building from October 2, 2006 through October 6, 2006 for the purpose of a Relationship Violence Awareness Vigil displaying 143 wooden life-size figures, and any appropriate action. Aide to the Court (Briefing 9-19-06)
LEGAL
14. D) Approval of the selection of Tuesday as the day of the week for the Denton County Commissioners Court to meet in regular session for the fiscal year 2006-2007, pursuant to Texas Local Government Code, Section 81.005(a), and any appropriate action. (Briefing 9-19-06)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0593
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
ITEM 1 PUBLIC INPUT
Donna Woodfork spoke about indigent care in Denton County.
ITEM 3 RESOLUTIONS/AWARDS/REPORTS/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 Order Restricting outdoor burning and the restriction of
use of certain aerial fireworks including executive order, and any appropriate
action. Emergency Services
NO ACTION
3. D) Approval of presentation for the Denton County Purchasing Department
receiving the Excellence in Procurement Award for 2006, and any appropriate
action. County Judge
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 $ 500.00 to Ramirez, Robert – Attorney, incorrect vendor;
$ 500.00 to Coorpender-Ramirez, no documentation;
34-PH $ 270.00 to Boulder Radiologists, Inc PC, incorrect code;
36-Indigent $ 828.95 to Denton Cancer Center, void per department;
$ 515.39 to Denton Cancer Center, void per department;
ADDITIONS—
GENERAL $ 200.00 to Denton County Clerk, fund Juvenile Cash Drawer;
$ 60.00 to Dallas County Constable, service fee.
Move to approve amended bill report by Comm. Carter, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 06-0594
ITEM 6 PURCHASING
6. G) Approval of award for Medical Lab Services, RFP #08-06-1792, to Clinical Pathology Laboratories, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0595
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #102380 for Transfer to DCEA Insurance Fund including the transfer of funds from various Non-Departmental Unappropriated Contingency Funds for Transfer from General Fund Department in the amount of $500,000, and any appropriate action. (Briefing 9-19-06)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0596
7. G) Approval of Budget Amendment Request #102450 for Repairs and Maintenance for Courthouse on the Square in the amount of $5,289, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0597
7. H) Approval of Budget Amendment Request #102460 to increase revenues and allocate expenditures for Vehicle Emissions Compliance Program for Non-Departmental in the amount of $174,052, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0598
ITEM 12 SHERIFF
12. B) Accept the awarded Juvenile Impact Program Grant – CJD Award of $25,896 for the period 8/1/2006 – 7/31/2007 – Grant # JB-05-J20-13373-08; submitted by the Denton County Sheriff’s Office, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0599
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of a resolution to sell property for less than the judgment amount in Cause #2003-1033-16, Little Elm Independent School District vs. Jerry M. Seaton and Jacquelyn S. Seaton, and authorizing an Execution of a Deed Without Warranty to Jerald D. Yensan for the purchase price of $1,000.00, and any appropriate action. County Judge (Briefing 9-19-06)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0600
13. C) Approve the re-appointment of Mr. Ben Carruthers to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0601
13. D) Approve appointment of Mark J. Girasole to the Child Protective Services Board as a Precinct #3 representative, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 3-0-0 (Jacobs absent)
Court Order 06-0602
13. E) Approval of the re-appointment of Grant Jacobson to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0603
13. F) Approval to Reject the Petition and Deny Call of Local Option Election – Justice of the Peace Precinct #5 for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” and The Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Holders Only”. La orden: Para rechazar la petición y negar llamada de la elección local de la opción - justicia del recinto #5 de la paz para “la venta legal de la cerveza y del vino para la consumición de la Apagado-Premisa solamente” y la venta legal de bebidas mezcladas en restaurantes por los sostenedores del certificado de Food y de la bebida solamente. Elections Department (Formal 9-19-6)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0604
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) Approval of Change Order #2 to the Contract Agreement between Denton County, Texas and Mario Sinacola & Sons, Inc., Bid #09-05-1722, in the amount of $362,654.84, for a total contract amount of $6,099,483.64, for the Boyd Lebanon Road Project, located in Commissioner Precinct #2, and any appropriate action. (Briefing 9-19-06)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0605
14. C) Approval of Supplemental Agreement #7 between Denton County and Engineer, HNTB Corporation, for FM 2499 Section 4 for additional roadway and landscape design in the amount of $401,500.00, with funding to come from Better, Safer, Road Program funds in Precincts 1 and 3, and any appropriate action. (Briefing 9-19-06)
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0606
14. E) Approval of the Interagency Agreement between Denton County, Texas, and Dallas County, Texas, and the Resolution supporting the North Texas Auto Theft Task Force, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0607
14. F) 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 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 1 & 2, with funding to come from Precinct 1 &
2, FM 423, Auditor #70-7358-90-10, and any appropriate action. (Formal 9-19-06)
NO ACTION – REPOST
14. G) Approval of the Easement for Equipment Station between Denton County, Texas, and Southwestern Bell Telephone, L.P., a Texas limited partnership d/b/a AT &T Texas for the Precinct #1 Government Center, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0608
ITEM 16 ADDENDA
16. A) Approval of an application for additional DSHS Immunization funding, and any appropriate action. Health
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0609
16. B) Approval of the Project of the contract between Denton County and Teague Nall Perkins for design Engineering Services the Hickory Hill and Stacee Roads Intersection Project, and any appropriate action. Public Works
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0610
16. C) Approval of the job description and creation of two positions for a Assistant Public Health Technician in the Health Department, and any appropriate action. Human Resources
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 06-0611
16. H) Approval of recommended plans, construction budget and funding sources
for the Steven Copeland Government Center, and any appropriate
action.-Facilities Department
NO ACTION – REPOST IN 2 WEEKS
16. D) Approval of specifications and authority to advertise for Steven
Copeland Government Center, Bid #08-06-1788, and any appropriate action.
Purchasing
NO ACTION – REPOST IN 2 WEEKS
16. E-1) Approval of the nomination of representatives on the North Central Texas Council of Government’s Air Transportation Technical Advisory Committee (ATTAC): nominate Tim Ward, J. Philip Jordan, and Kerry G. McAnally.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0612
16. E-2) Rescind Court Order 06-0613 nominating Tim Ward, J. Philip Jordan, and Kerry G. McAnally for representatives on the North Central Texas Council of Government’s Air Transportation Technical Advisory Committee (ATTAC).
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 06-0613
16. E-3) Approval of the nomination of representatives on the North Central Texas Council of Government’s Air Transportation Technical Advisory Committee (ATTAC): nominate Tim Ward.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 06-0614
16. E-4) Approval of the nomination of representatives on the North Central Texas Council of Government’s Air Transportation Technical Advisory Committee (ATTAC): nominate J. Philip Jordan.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-0615
16. E-5) Approval of the nomination of representatives on the North Central Texas Council of Government’s Air Transportation Technical Advisory Committee (ATTAC): nominate Kerry G. McAnally.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 06-00616
16. F) Approval to renew the Agreement for Alternative Dispute Resolution Services between Denton County, Texas and Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action. Legal
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0617
16. G) Approval of the Contract for Services-Local Government between Denton County, Texas and the State and Local Records Management Division of the State of Texas Library and Archives Commission, and any appropriate action. Legal
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0618
16. I) Approval of Contract for Voice and Data Cabling between Denton County, Texas and Richmond Communications Group, Inc., and any appropriate action. Legal
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 06-0619
ITEM 17 RECESS 9:59AM
ITEM 18 RECONVENE 10:01AM
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 10:02AM
Reconvened in Formal Session 10:24AM
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) Consultation with Attorney: Texas Government Code, Section 551.071
(1)(A); Pending Litigation; Northport Commercial LTD, vs. Denton County & TXDOT,
Cause No. ED-2005-00250.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
15. E) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071; Tami S. Morrow/Zackary L. Howard.
Move to assign to the Civil Division of the District Attorney’s Office by
Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 06-0620
ITEM 19 ADJOURNMENT 10:25AM
This set of minutes for September 26, 2006, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
