Denton County, Texas, Seal

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 January 9, 2007.

ATTEST:

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

By:  

Deputy County Clerk

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 9th day of January, 2007, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Commissioner Cynthia White, Precinct One. Commissioners Ron Marchant, Bobbie J. Mitchell and Andy Eads were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.

Court opened with an Invocation by Dr. Bing Burton, Director of the Health Department, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.

ITEM 4 PUBLIC HEARINGS

4.A) Approve the placement of a “No Parking Sign” on Dr. Sanders Road from Fishtrap Road north to Liberty Road, located in Commissioner Precinct #1, and any appropriate action. DA/Civil

Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0

Move to approve placement of sign by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0005

4.B) Approve the Final Replat of Lot 12, Block B, of Ponderosa Creekside Estates, located in Precinct #4, and any appropriate action. Planning

Move to Open Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0

Move to approve placement of sign by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0006

ITEM 2 CONSENT AGENDA

TREASURER

5.B) Approval of Payroll

BUDGET

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

7.B) Approval of Budget Amendment Request #100490 for Cars/Small Trucks for Constable, Precinct #4 in the amount of $5,286, 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.) County Clerk: Melissa J. Boucher and Cynthia J. Brown; JP#1: Jessica N. Raschke; County Jail: Janet R. Groff, Alexandra B. Johnston, Gauri D. Uribarri, Taylor B. White, Grace E. Williams and Charles A. Works; Jail Health: Sabrina D. Lambert; Sheriff: Linda L. Amsbaugh; CDA: Michael Dickens, Rex D. George, Dave W. Jahn and Lauri A. Rector; R&B#4: James W. King; Immunization Grant: Ann B. Arcuri and Susan H. LeMaire.

Move to approve Consent Agenda by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0007

ITEM 5 AUDITOR

5.A) Approval of Bill Report/Payroll.
(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 $ 375.00 to Hardy Burke, Atty., incorrect invoice;
GENERAL $ 500.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 75.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 75.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 350.00 to Hardy Burke, Atty., incorrect invoice;
GENERAL $ 125.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 125.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 175.00 to Hardy Burke, Atty, incorrect invoice;
GENERAL $ 133.85 to Denton Publishing, duplicate invoice;
GENERAL $ 67.55 to Denton Publishing, duplicate invoice;

ADDITIONS—
GENERAL $ 482.86 to City of Lewisville, services to annex;
GENERAL $ 812.45 to Cingular Wireless, Services/Info Svcs;
GENERAL $ 642.04 to Cingular Wireless, services -CWT;
GENERAL $ 1,119.96 to Cingular Wireless, Supplies - CWT;
GENERAL $ 279.99 to Cingular Wireless, Supplies - CWT;
GENERAL $ 100.80 to State Comptroller, 2006 Sales Tax;
GENERAL $ 180.00 to U.S. District Clerk, fee-Hardy Burke;
GENERAL $ 180.00 to U.S. District Clerk. Fee- Kimberly Gilles;
GENERAL $ 175.06 to JP#4 Bond, Check Stock, New Account;
GENERAL $ 187,513.85 to ECI Video/Electronic, Audio/Visual System;
GENERAL $ 125.35 to Renaissance Worthington, lodging-Randie Smith;
GENERAL $ 1,565.40 to Hemispheres, furniture for Comm.2;
P.H. $ 466.02 to Nextel Communications, services-BioTerrorism;
P.H. $ 589.95 to Nextel Communications, Equipment, BioTerrorism;
GENERAL $ 10,430.00 to NTBS Filing & Storage, file folders for Dist. Clerk.

Move to approve Bill Report as amended by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0008

ITEM 4 PUBLIC HEARINGS

4.C) Approve the placement of a “No Parking Sign” on the Southern end of Garza Lane South of Shady Lane to the cul-de-sec, located in Commissioner Precinct #1, and any appropriate action. DA/Civil

Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0

Move to approve placement of sign by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0009

ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS

3.A) Receive Report regarding the planned Denton County Wellness Program for FY 2007, and any appropriate action. Health
NO ACTION

ITEM 6 PURCHASING

6.A) Approval of specifications and authority to advertise for the Choctaw Drainage Improvement Project, Bid #01-07-1811, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0010

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100510 to increase revenues and allocate expenditures for Salary, Assistants/benefits and various other line items for 2006 Homeland Security Grant in the amount of $672,979, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0011

7.D) Approval of Developing a long-term Capital Improvement Program for Denton County, appointment of a Capital Improvement Committee and any appropriate action. (Formal 12-19-06)

Move to approve and accept the list of members to the CIP Committee by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0012

7.E) Approval of Budget Amendment Request #100410 to increase revenues and allocate expenditures for Law Enforcement Contract/Benefits for The Bureau of Alcohol, Firearms and Explosives (ATF) for Sheriff’s Department in the amount of $8,000, and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0013

ITEM 8 HUMAN RESOURCES

8.B) Approve revisions to the Personnel Policy #2.18-Volunteer Reserve Deputy Constables, and any appropriate action. (Formal 12-19-06)

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0014

8.C) Approve the deletion of Personnel Policy #2.19-Monitoring the Use of Reserve Peace Officers, and any appropriate action. (Briefing 12-19-06)

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0015

ITEM 10 PUBLIC WORKS

10.A) Approve Tuesday, January 30, 2007 at 9:05 a.m. as date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a variance to lot size, Abstract 790, Tract 12, located in Commissioner Precinct #1, and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0016

10.B) Approve Tuesday, January 30, 2007 at 9:10 a.m. as date and time to conduct a Public Hearing to consider a Zoning Change from Agriculture (AG) to Residential Medium Density District (R-2), Abstract 1409, Tract 3D, located in Precinct #1, in the Lake Ray Roberts Land Use District as recommended by the Lake Ray Roberts Planning & Zoning Commission and the Public Words/Planning Department, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0017

ITEM 13 OTHER DEPARTMENTS

13.A) Approve the appointment of Marty Thompson to the North Central Texas Workforce Development Board, and any appropriate action. County Judge

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0018

13.B) Approval of the appointment of Commissioner Ron Marchant to the Denton County Telephone Committee, and any appropriate action. County Judge

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0019

13.C) Approval of the following Justice-of-the-Peace appointments: (1) Honorable James DePiazza to the Criminal Justice Computer Committee, (2) Honorable Mike Bateman to the Bail Bond Board, (3) Honorable Joe Holland to the Personnel & Policy Committee, (4) Honorable Patty Larson to the Telephone Committee, and (5) Honorable J.W. Hand to the Medical Examiner Committee, County Judge

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0020

ITEM 14 LEGAL

14.B) Approval of the Contract between Denton County, Texas, and Site Concrete Inc., in the amount of $89,061.35, for the Swafford Road Low Water Crossing Project Bid Number 10-06-1801, with funds to come from Commissioner Precinct 4 TRIP-04 Discretionary Funds in the amount of $14,061.35 and from the Engineering Contract Labor Line Item in the amount of $75,00.00, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0021

14.C) Approval of the Interlocal Cooperative Agreement between The North Central Texas Council of Governments (NCTCOG) and Denton County, Texas for Clean Fleet Vehicle Project, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0022

14.D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Town of Flower Mound, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0023

14.E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (a) City of Aubrey Fire Department, and (b) the Town of Flower Mound, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0024

14.F) Approval of (1) Rescinding Court Order #06-0814 approved on December 19, 2006 and (2) approval of the New Amendment One and Renewal of the Agreement between Denton County, Texas and Denton County Guardianship Services, Inc., for guardianship services, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0025

14.G) Approval and ratification of the Contract between Denton County, Texas, and (1) Health Plan Terms and Conditions between PacifiCare of Texas, Inc., and (2) the Group Health Insurance Policy Secure Horizons Senior Supplement Plan between PacifiCare Life Assurance Company and Denton County, Texas, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0026

14.H) Approval of the Agreement for Interim Engineering Services between Denton County, Texas, and Teague Nall and Perkins, Inc., and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0027

14.I) Approval of the Agreement for Engineering Services between Denton County, Texas, and Dannenbaum Engineering Corporation, Inc. for the Duck Creek Road Drainage Improvement Project, Commissioner Precinct #1, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0028

14.J) Approval and ratification of the Contract between Denton County, Texas, and J.C. Commercial, Inc. for the construction of the Steven Copeland Government Center, located in Commissioner Precinct #1, and appropriate action.

Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0029

14.K) Approval of the reconsideration of the Order Making Appointment dated January 1, 2007, for Timothy K. Phillips, employed by the Criminal District Attorney’s Office, to set his salary at Step 8 rather than Step 5 as previously recommended by Human Resources, or any appropriate action.
ACTION POSTPONED

ITEM 16 ADDENDA
16.A) Approval of the Construction Agreement Contract between Denton County, Texas and Henkels & McCoy, Inc. for construction of fiber optic network improvements to the County’s communication system, and any appropriate action. DA/Civil

Move to approve by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0030

ITEM 17 RECESS 9:48 AM

ITEM 18 RECONVENE 9:54

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 9:54 AM
Reconvened in Formal Session 10:34 AM

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: Texas Government Code, Section 551.071 (1)(A); Claim of Melissa Jane Hall.

15.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Northport Commercial, Ltd. Plaintiff v. Texas Department of Transportation and Denton County, Texas, Defendants, Cause No: ED-2005-00250, pending in the Probate Court of Denton County, Texas.

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Milagro Castillo, Individually and as Next Friend of Ricardo Castillo, Minor Child and Maribel Cruz, Individually and as Next Friend of Jhuliana Fernandez and Dayana Fernandez, Minor Child v. Jeremy Haden and GTE Southwest Incorporated d/b/a Verizon Southwest, Cause #2006-20260-158, pending in the 158th Judicial District Court of Denton County, Texas.
NO ACTION

ITEM 19 ADJOURNMENT 10:34AM

This set of minutes for January 9th, 2007, prepared by Deputy Clerk Kathleen Bransford. Reviewed by County Clerk, Cynthia Mitchell.