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 February 13, 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 13th day of February, 2007, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Judge Mary Horn. Commissioners Bobbie J. Mitchell and Andy Eads were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Kathleen Bransford. (Comm. White joined the meeting later.)

Court opened with an Invocation by Barbara Looper, Aide to Commissioners Court, followed by the Pledges of Allegiance to the American and Texas Flags led by Kathleen Bransford.

ITEM 4 PUBLIC HEARINGS

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

Move to Open Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 3-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 3-0-0

Move to approve amendment by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 07-0093

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of award of bid for the Choctaw Drainage Improvement Project, Bid #01-07-1811, to Quality Excavation, LTD., for $115,901.00, and any appropriate action. (Briefing 2-06-07)

6.B) Approval of specifications and authority to advertise for Elevator Maintenance, Bid #12-06-1806, and any appropriate action. (Briefing 2-06-07)

BUDGET

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

7.C) Approval of Budget Amendment Request #100620 for prior year purchases for various County Departments in the amount of $1,826,504, and any appropriate action. (Briefing 2-06-07)

7.D) Approval of Budget Amendment Request #100630 for Administrative Costs for Pubic Health Preparedness in the amount of $42,217, and any appropriate action. (Briefing 2-06-07)

7.E) Approval of Budget Amendment Request #100640 to increase revenues and allocate expenditures for Part-Time Salaries/benefits and various other line items including the creation of a new line item for Grant purposes for FY 2006-2007 for Pandemic Preparedness Grant in the amount of $398,493, and any appropriate action. (Briefing 2-06-07)

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.) County Clerk: Sharon l. Cornelius; JP#1: Janice L. Glass, Judith Roman-Torres; County Jail: Johnna R. Kline, Brian E. Welk; Criminal District Attorney: James C. Abel, Forrest C. Beadle, Sean J. Kilgore, Matthew C. Wiebe; R&B#4: Jose R. Castillo; Juvenile Post Adjudication: Aaron L. Reed.

8.B) Approve the creation of a temporary slot in the County Treasurer’s Office, February 20 – August 1, 2007, and any appropriate action.

PUBLIC WORKS

10.A) Approve acceptance of the Donation Deed for the Sam Bass Road @ Clear Creek Bridge Project from Property Owners, Richard L. Stephens and wife Doris J. Stephens, Precinct 1, and any appropriate action. (Briefing 2-06-07)

10.B) Approve acceptance of the Right of Way Deeds for the Huling Road Bridge (BRINSAP) Project from Property Owners: Joy Parker Moore, Kenton Wolf Weathers, Waylon Brent Gay, Melody Angela Moore-David and Burness R. Higgs, as Trustee for the Burness R. Higgs Revocable Living Trust, Precinct 1, and any appropriate action.

SHERIFF

12.A) Approve Sheriff’s Office to change wireless communications service provider from Cingular to Sprint/Nextel, and any appropriate action. (Briefing2-06-07)

13.C) Approval of Building Use Request for the use of the Commissioners Courtroom every 4th Tuesday of each month from 5:30 p.m. to 10:00 p.m. for the monthly meetings or the Republican Party, and any appropriate action. Aide-to-the-Court (Briefing 2-06-07)

LEGAL

14.B) Approval of Change Order #3, to the Contract between Denton County, Texas, and Mario Sinacola and Sons, for the Lebanon/Boyd Road Construction Project in the amount of $167,265.49, for a total contract amount of $6,266,749.13 with funding to come from the BSRP Auditor #70-74556-90-10, Commissioner Precinct #2, and any appropriate action. (Briefing 2-06-07)

14.C) Approval of Addendum #1 to the Contract between Denton County, Texas, and Bucher, Willis & Ratliff Corporation for the F.M. 407 Reconstruction and Widening consisting of reconstruction from F.M. 1830 to Chinn Chapel Road in the amount of $196,184.00, for a total contract amount of $1,285,985.00, with funding to come from funds for F.M. 407, Auditor #70-7424-90-10, Commissioner Precinct #4, and any appropriate action. (Briefing 2-06-07)

14.D) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas, and Halff Associates, Inc., for the IH 35 W Project in the amount of $15,172.00, with funding to come from the BSRP Auditor #70-7455-90-10, Commissioner Precinct #4, and any appropriate action. (Briefing 2-06-07)

Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0094

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 $ 606.00 to Bruce Isaacks, Atty., incorrect vendor;
GENERAL $ 316.84 to Sharon Baughman, incorrect info/dept;
GENERAL $ 500.00 to Boswell & Moore, incorrect vendor;

ADDITIONS—
GENERAL $ 11,122.00 to City of Lewisville, 2006 Byrne Justice Asst. Grant;
GENERAL $ 513.70 to Omni Colonnade Hotel, Lodging-DA;
GENERAL $ 400.00 to Boswell & Moore, CAA-B Heath, CAA-T Frady, C#4.

Move to approve amended Bill Report and the Auditor’s Monthly Financial Report for December 2006 by Comm. Eads, seconded by Judge Horn.
Motion Carried 2-1-0 (Mitchell, nay)
Court Order 07-0095

ITEM 8 HUMAN RESOURCES

8.C) Approve a new job description for Health Technician-Epidemiology in the Bioterrorism Grant-Health Department, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0096

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 80th Legislative Session, and any appropriate action. County Judge

Move to approve a resolution supporting legislation allowing the increase of the County Auditor’s compensation and allowances above existing limits with Commissioners Court approval by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0097

13.F) Approval of changes to the Denton County Building Use Policy, and any appropriate action. County Judge
NO ACTION

13.B) Approval of Building Usage Request from Keep Denton Beautiful to use the Courthouse-on-the-Square and lawn for the Redbud Festival on Saturday, April 14, 2007 from 6:30 a.m. to 6:00 p.m. Aide to the Court (Briefing 1-30-07; Formal 2-06-07)

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0098

13.D) Approve the appointment of Wilburn “Fritz” Poppe to the Denton County Transportation Committee to replace Jack Smith and any appropriate action. Commissioner Precinct #1

Move to approve by Judge Horn, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0099

13.E) FOR RECORDING PURPOSES ONLY: Acceptance of the Ex Officio Commissioner Road Report for Precinct 1 for fiscal year 2006, and any appropriate action. Commissioner Precinct #1

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 07-0100

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14.E) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Oak Point, for the 2 Course Chipseal to various roads within the Yacht Club Estates Subdivision located in Commissioner Precinct #1, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0101

14.F) Approval of Change Order to the Construction Agreement Contract between Denton County, Texas and Henkels & McCoy, Inc., approved by the Court on January 9, 2007, under Court Order #07-0030, for construction of fiber optic network improvements to the County’s communication system, and any appropriate action.

Move to approve by Comm. Eads, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 07-0102

14.G) Approval of the Social Services Agreement between Denton County and Youth & Family Counseling, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 07-0103

14.H) Approval of (1) the Contract for Purchase of Right-of-Way between Denton County and Homer and Rayleen Turnbow for the purchase of real property, Parcel 44FE, Section 3, of the Lake Lewisville Toll Bridge, Right-of-Way Acquisition Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Homer and Rayleen Turnbow; and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price, plus any fees, for the purchase of the real property from Homer and Rayleen Turnbow with funding to come from the Lake Lewisville Toll Bridge Corridor Project, Auditor #7401, Commissioner Precinct #1, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Eads.
Motion Carried 3-0-0
Court Order 07-0104

14.I) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and Beverly McMahon for the purchase of real property, Parcel 21, Section 1, o the Lake Lewisville Toll Bridge, Right-of-Way Acquisition Project; (2) grant authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Right-of-Way from Beverly McMahon; and (3) direction to the County Auditor to issue a warrant in the amount of the purchase price, plus any fees, for the purchase of the real property from Beverly McMahon with funding to come from the Lake Lewisville Toll Bridge Corridor Project, Auditor #7401, Commissioner Precinct #1, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 07-0105

ITEM 16 ADDENDA

16.B) Approve changes to the job description for the Paralegal in the District Attorney’s Office, and any appropriate action. Human Resources

Move to approve by Comm. Eads, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 07-0106

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 9:24 AM
Reconvened in Formal Session 10:03 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

Commissioner White in Attendance.

ITEM 7 BUDGET

7.B) Approval of Organizational Goals, Commissioners Court Memo, Budget Planning Calendar, Budget Priorities and establishing tax rate parameters for the Budget Officer to use when recommending a budget for the FY2007-2008 budget process, and any appropriate action. (Briefing 2-06-07)

Move to approve as amended by Revised Draft Memo by Judge Horn, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0107

ITEM 16 ADDENDA

16.A) Approval of naming an interim administrator for Public Works for administrative matters, and any appropriate action. County Judge

Move to approve by Judge Horn.
Motion Failed for lack of a second. Item will be reposted.

ITEM 19 ADJOURNMENT 10:26 AM

This set of minutes for February 13th, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.