Commissioners Court Agenda Minutes January 30, 2007


	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 30, 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 30th day of January, 2007, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Judge Mary Horn. Commissioners Cynthia White, Ron Marchant and Andy Eads were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.

Court opened with an Invocation by James Wells, Denton County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Planning Director.

ITEM 4 PUBLIC HEARINGS

4.A) Approval of 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. Public Works/Planning

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

Move to approve amendment by Comm. White, seconded by Comm. Marchant.
Motion Carried 3-0-1 (Horn abstained)
Court Order 07-0061

4.B) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a Zoning Change from Agriculture (AG) to Residential Medium Density District (R-2), Abstract 1409, Tract 3D, located in Commissioner Precinct #1, in the Lake Ray Roberts Land Use District as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Public Works/Planning

Move to Open Public Hearing by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0

No one spoke either for or against.

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

Move to approve amendment by Comm. Marchant, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0062

ITEM 1 PUBLIC INPUT

Judge Horn and Comm. White honored “Pinky” Harpool.

ITEM 2 CONSENT AGENDA

BUDGET

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

7.B) Approval of Budget Amendment Request #100600 for Personnel Advertisement including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Human Resources in the amount of $10,000, and any appropriate action. (Briefing 1-23-07)

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.) District Clerk: LaToya Brown; District Court Administrator: LeDena Ferrell; County Clerk: Julie Diaz; Criminal District Attorney: M. Cameron Smith; County Jail: Tanya L. Coleman, Michael D. Daugherty and George A. Foster; R&B Pct.1: Arturo Gonzales and William Haynes.

HEALTH

9.A) Approval of revisions to the Denton County Inmate Pay for Care Policy, and any appropriate action. (Briefing 1-23-07)

OTHER DEPARTMENTS

13.B) Approve the applications for USDA School Commodity Program (school year 2007-2008), and any appropriate action. Juvenile Probation (Briefing 1-23-07)

Move to approve Consent Agenda by Comm. White, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0063

ITEM 13 OTHER DEPARTMENTS

13.C) Approval to Call Local Option Election – City of Highland Village 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 May 12, 2007 at Denton County, Texas, Denton County. To designate the The Elections Office as the main early voting site, that early voting will begin April 30, 2007, that early voting will be conducted from April 30, 2007 thru May 8, 2007. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202, and any appropriate action. La orden: Para llamar la elección local de la opción - la ciudad de la aldea de la montaña 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 12 de mayo, 2007 en el condado de Denton, Tejas, Condado de Denton. Para señalar el oficina de las elecciones como la cañería que vota temprano el sitio, eso que vota temprano comenzará el 30 de abril, 2007, eso que vota temprano será conducida a partir del 30 de abril, 2007 hasta el 8 de mayo, 2007. La dirección del vendedor de votación temprano es pone a Alexander, P.O. Caja 1720, Denton, TX 76202. Elections Department

Move to approve by Comm. Marchant, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 07-0064

13.D) Approval to Call Local Option Election – Justice Precinct 5 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 May 12, 2007 at Denton County, Texas, Denton County. To designate the The Elections Office as the main early voting site, that early voting will begin April 30, 2007, that early voting will be conducted from April 30, 2007 thru May 8, 2007. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202, and any appropriate action. La orden: Para llamar la elección local de la opción – Justica del Precinto cinco 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 12 de mayo, 2007 en el condado de Denton, Tejas, Condado de Denton. Para señalar el oficina de las elecciones como la cañería que vota temprano el sitio, eso que vota temprano comenzará el 30 de abril, 2007, eso que vota temprano será conducida a partir del 30 de abril, 2007 hasta el 8 de mayo, 2007. La dirección del vendedor de votación temprano es pone a Alexander, P.O. Caja 1720, Denton, TX 76202. Elections Department

Move to approve by Comm. Marchant, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 07-0065

13.E) To Approve TEAM Compatibility Amendment to the Denton County Help America Vote Act Grant, and any appropriate action. La orden: Para aprobar la enmienda de la compatibilidad del EQUIPO al acto Grant del voto de América de la ayuda del condado de Denton. Elections Department

Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0066

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 $ 1,419.75 to Omni/Austin Southpark, incorrect amount;
R & B $ 84,157.10 to Quality Excavation, Ltd., incorrect amount;

ADDITIONS—
GENERAL $ 40.00 to Bonnie Putnam/SO, N. Richland Hill Meal;
CSCD $ 1,677.00 to State Comptroller, Sexual Assault Fees.

Move to approve amended Bill Report by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0067

ITEM 10 PUBLIC WORKS

10.A) Approve Tuesday, March 6, 2007 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 12R, Block J and Lots 1R thru 3R, Block M, Kinsey III at Briarcreek a replat of Lot 12, Block J, and Lots 13 thru 22, Block M, Briarcreek Development, Fifth Installment, Section 1, Precinct 4, and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0068

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of building usage request from Dallas Symposium to use the Sandy Jacobs Government Center Community Room for a meeting of the Department of State Health Services Alcohol Education from 6 p.m. to 10 p.m. on the following dates: January 23, 24, 25, 30; February 1; March 20, 21, 22, 27, 29; April 17, 18, 19, 24, 26; May 15, 16, 18, 22, 24, 2007. Aide to the Court (Briefing 1-23-07)

Move to deny by Judge Horn, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0069

13.F) Approve the re-appointment of members to the Denton County Historical Commission: Betty Alford, Gloria V. Anderson, Bruce Arledge, Connie D. Baker, Elizabeth Roberts Bays, Annell Bradford, Tommy Brewer, Kathy Aunean Byrom, Peggy W. Capps, Robert E. Lee Caps, Jean Carter, Ann French Clark, Deborah Boone Dail, Andy Eads, Robert M. Estes, Annette Fry, Julie Glover, Jackye Havenhill, James P. Heath, Shirley C. Holley, Virginia B. Hodge, Mary Evelyn Blagg Huey, Randena Hulstrand, Eugenia M. King, Willian Foxworth King, M.D., Adelene Matin, Christine H. McAdams, Michelle M. Mears, Marha Len Nelson, Joe Novak, Rynell Novak, Charles Osburn, Patricia B. Peckham, Amy C. Rudford, Tom Reedy, Mary Alice Reding, Catherine E. Reynolds, Sue-Beall Shaffer, Keith Shelton, Howard W. Smith, Jr., Wanda Smith, Olive Stephens, Kathleen G. Strauss, Beth Stribling, Clothilda A. Sturm, Detria H. Taylor, Nita Thurman, Nita Watkins, Leon F. Wilson, Peggy J. Wilson, and Lynn Yeargain, and any appropriate action. Denton County Historical Commission

Move to approve by Judge Horn, seconded by Comm. Eads
Motion Carried 4-0-0
Court Order 07-0070

13.G) Approval of the appointment of members of Commissioners Court to various boards and committees, and any appropriate action. County Judge

Move to approve list of appointments of members of Commissioners Court to various boards and committees by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0071

13.H) Approve appointment of Nelda Calleri to the Denton County Health Advisory Board as a Precinct 3 representative, and any appropriate action. Commissioner Precinct #3

13.I) Approve the re-appointment of Ben Pinnell to the Denton County Transportation Committee, and any appropriate action. Commissioner Precinct #1

13.J) Approve the re-appointment of Raymond Roberts to the Denton County Housing Finance Corporation, and any appropriate action. Commissioner Precinct #1

13.K) Approve the re-appointment of Theresa Grant to the Health Advisory Board, and any appropriate action. Commissioner Precinct #1

13.L) Approve the re-appointment of Jerry Taylor to the Social Services Committee, and any appropriate action. Commissioner Precinct #1

13.M) Approve the re-appointment of John Paul Eddy to the Denton County Transportation Committee, and any appropriate action. Commissioner Precinct #1

13.N) Approve the re-appointment of Randy Wolf to the Denton County Building and Property Committee, and any appropriate action. Commissioner Precinct #1

Move to approve Items 13.H thru 13.N by Comm. White, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0072

ITEM 14 LEGAL

14.B) Approval of the Library Service Agreement between Denton County, Texas, and the Little Elm Public Library (Town of Little Elm), and any appropriate action.

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 07-0073

14.C) Approval of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication and Post-Adjudication Facilities between Denton and Parker Counties, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0074

14.D) Approval of the Subscription Plan Amendment for State/Local Government between Denton County, Texas, and LexisNexis, a division of Reed Elsevier, Inc., for use by the Collection Department of Denton County, Texas, and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0075

ITEM 16 ADDENDA

16.A) Approval of the appointment of Mr. Ken Carson to the Lake Ray Roberts Planning & Zoning Committee, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0076

16.B) Approval of the Road Closure and Detour Plan for Swafford Road Low Water Crossing, located in Precinct 4, and any appropriate action. Public Works/Engineering

Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0077

16.C) Approval of the Road Closures and Detour Plans for the Huling Road Bridge Project Packabe (BRINSAP) which includes Huling, Friendship & Nicholson Roads; at this time we are only requesting the approval to close Huling and Friendship Roads, Nicholson Road is still to be determined, located in Precinct 1, and any appropriate action. Public Works/Engineering

Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0078

ITEM 17 RECESS 9:38 AM

ITEM 18 RECONVENE 9:43

Comm. Eads and Comm. White accept District Attorney, Civil Division’s, correction to the Financial Impact Statement regarding the funds to purchase this service are available out of the Denton County Clerk’s Dues and Subscriptions Line Item 01-4350-1020.
Court Order 07-0075

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 9:44 AM
Reconvened in Formal Session 10:05 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: 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.
NO ACTION

16.D) D) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A) & (B); Denton County v. General Motors Corporation, Cause No. GC 2004-01938, pending in Denton County Court at Law No. 2. DA/Civil Division

Move to approve an order in regards to Cause Number GC 2004-01938, Denton County, Texas versus General Motors Corporation that the Court hereby accepts the terms and conditions of the Confidential Release and settlement of all claims by Judge Horn, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0079

ITEM 19 ADJOURNMENT 10:06 AM

This set of minutes for January 30th, 2007, prepared by Deputy Clerk Kathleen Bransford, reviewed by County Clerk, Cynthia Mitchell.