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 20, 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 20th 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 Cynthia White, Ron Marchant, Bobbie J. Mitchell and Andy Eads were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Kathleen Bransford.

Court opened with an Invocation by Dr. Bing Burton, Director of the Denton County Health Department, followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath.

ITEM 1 PUBLIC INPUT

Marvin Ellis of Copper Canyon expressed his concern for the widening of Copper Canyon Road.

ITEM 4 PUBLIC HEARINGS

4.A) Approve the Final Replat of the Bellaire Addition Phase A-1R, Precinct 4, and any appropriate action. Planning

Move to Open Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0

Move to approve final replat by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0108

ITEM 16 ADDENDA

16.C) Approval of Guardianship Services Task Force recommendation for Guardianship Services, RFP #12-06-1808 to: 1) award to AIDS Services of North Texas under the program name of Health Services of North Texas Guardianship Services effective March 1, 2007; 2) issue a 30 day notice to terminate contract with Denton County Guardianship Services, Inc. effective March 31, 2007; and 3) any appropriate action. Purchasing

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0109

ITEM 2 CONSENT AGENDA

TREASURER

5.B) Approval of Payroll

PURCHASING

6.A) Approval of exemption from bidding for a Sole Source purchase for GenWatch 3 from The Genesis Group, according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 2-13-07)

BUDGET

7.A) Approval of Intra-Departmental Transfers, 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.) R&B#1: Michael Ray McCool; JP#1: Patricia Cabrera and Terri Jackson; Print/Mail: Hysen Tmava; Emergency Services: Deborah Sue Doyle; County Jail: Mario M. Orduna; C.S.C.D-Adult Probation: Brady Miles Templeton; Criminal District Attorney: Paul Hiemke, Justynian Jones, Andrea Klement, Kathleen Sandlin and Nadiya Williams-Boldware.

OTHER DEPARTMENTS

13.B) Approval of the addition of Day Stay for Adults to the list of organizations to which jurors may donate their juror pay, and any appropriate action. District Clerk (Briefing 2-13-07)

13.C) Approval of Building Use Request from Sue Wooldridge, District Attorney’s Office, to use the Denton County Courts Building for National Crime Victims’ Rights Week Program on April 24, 2007 from 6:00 p.m. to 9:30 p.m., and any appropriate action. Aide-to-the-Court (Briefing 2-13-07

Move to approve Consent Agenda by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0110

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 $ 1,932.21 to Yarbrough Pharmacy, Incorrect Amount;

ADDITIONS—
JUV PROB $ 250.00 to MGA Planning Services, Reg Fee-Andrew Lind;
WIC $ 610.65 to First Choice Power, Services-WIC.

Move to approve amended Bill Report with the exception of Vendor 20566, Page 12, and the reporting of the Monthly Financial Report for January 2007 by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0111

5.A-1) Move to approve Vendor 20566, Page 12, pulled from the Bill Report by Judge Horn,
seconded by Comm. Eads.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 07-0112
Discussion of item in Commissioners Court Transcript to minutes. (Page 11)

5.B) Approve Amending and Re-affirming Denton County’s (1) General Fund Unreserved Fund Balance Policy; (2) Debt Management Policy; (3) Vehicle Use Policy; (4) Training/Education Policy; and (5) Travel Advance Policy, and any appropriate action. (Briefing 2-13-07)

Move to approve by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0113

ITEM 13 OTHER DEPARTMENTS

13.F) Approve The Order: To Call Local Option Election – Town of Ponder for “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 - ciudad de Ponder para “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, 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. Elections

Move to approve by Comm. Eads, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0114

13.G) Approve The Order: To Call Local Option Election – Town of Bartonville for “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 - ciudad de Bartonville para “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, 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. Elections

Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0115

ITEM 7 BUDGET

7.D) Approval of Budget Amendment Request #100680 to increase revenues and allocate expenditures for Computer Software and Computers for HAVA (Help America Vote Act) Grant in the amount of $12,405, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0116

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

13.A-1) Move to approve the Legislative Policy Statement for the 80th Legislative Session relating
to the hours during which the polls are open on election day and conforming changes,
specifically stating Denton County’s opposition to House Bill 961 by Judge Horn,
seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0117

13.A-2) Move to approve the Legislative Policy Statement for the 80th Legislative Session relating
to the subrogation interests of certain political subdivisions or insurance carriers providing reinsurance for subdivisions, specifically stating Denton County’s opposition to House Bill 1226 and Senate Bill 561 by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0118

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100670 for Mobile Phone Expense for Facilities Management in the amount of $3,403, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0119

ITEM 7 BUDGET

7.B) Approve the timing and the amount of the issuance of 2007 Series Denton County Permanent Improvement Bonds and Tax Notes, and any appropriate action. (Briefing 2-13-07)
Discussion Page 28 and vote taken later in this session.

ITEM 10 PUBLIC WORKS
10.A) Approve Tuesday March 13, 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 zoning change from Agriculture (AG) to Residential Medium Density District (R-2), Abstract 790, Tract 3 & 5, Precinct #1, and recommended by The Lake Roberts Planning & Zoning Commission, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0120

ITEM 13 OTHER DEPARTMENTS

13.D) Approval of naming an interim administrator for Public Works for administrative matters, and any appropriate action. County Judge (Formal 2-13-07)

Move to approve the naming of Frank Phillips as Interim Administrator for Public Works for administrative matters only by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0121

ITEM 7 BUDGET

7.B) Approve the timing and the amount of the issuance of 2007 Series Denton County Permanent Improvement Bonds and Tax Notes, and any appropriate action. (Briefing 2-13-07)

Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0122

ITEM 13 OTHER DEPARTMENTS

13.E) Approval of changes to the Denton County Building Use Policy, and any appropriate action. Commissioners Court
ACTION POSTPONED FOR A LATER COMMISSIONERS COURT MEETING

13.H) Approve the appointment of Commissioner Ron Marchant to the Denton County Health Advisory Board, and any appropriate action. Commissioner Precinct 2

13.I) Approve the re-appointment of Joseph Rodriguez to the Denton County Health Advisory Board, and any appropriate action. Commissioner Precinct 2

13.J) Approve the appointment of Laurence Schilthius to the Denton County Housing Finance Board, and any appropriate action. Commissioner Precinct 2

13.K) Approve the re-appointment of Richard McMullen, Jr. to the Denton County Environmental Task Force, and any appropriate action. Commissioner Precinct 2

13.L) Approve the re-appointment of Mary Thomas to the Denton County Environmental Task Force, and any appropriate action. Commissioner Precinct 2

13.M) Approve the re-appointment of Pamela Head to the Denton County Social Service Organization Committee, and any appropriate action. Commissioner Precinct 2

13.N) Approve the 2007 Salary Grievance Board: Ms Tina Haberson, Ms. Melissa McDade, Ms. Andera Burbano, Mr. Bill DeBerry, Ms. Susan Khoury, Mr. Johnny Hunter, Ms. April Livingston, Mr. Howard O’Neal and Alternate Mr. Don Hall & Ms. Mary Jo Babcock, and any appropriate action. Aide-to-the-Court

13.O) Approval of the appointment of Commissioner Andy Eads to the Tarrant Regional Transportation Coalition, and any appropriate action. County Judge

13.P) Approve the re-appointment of Tye DeBerry to the Speedway TIF Board of Directors, and any appropriate action. Commissioner Precinct 4

13.Q) Approve the re-appointment of Sandra Thurman to the Denton County Housing Finance Corporation Board, and any appropriate action. Commissioner Precinct 4

Move to approve Items 13.H through 13.Q by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0123

ITEM 16 ADDENDA

16.A) Acceptance of the Right of Way Deed and Real Estate Contract for the Sam Bass Road at Clear Creek Bridge Project from Property Owners, John D. Springer & Richard Muir, Precinct #1, and any appropriate action. Engineering

Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0124

16.B) Approval of the Road Closures and Detour Plans for the Sam Bass at Clear Creek, Reik, Pruett, & Indian Trail road Bridge Replacements (BRINSAP), Precincts 1 & 4, and any appropriate action. Engineering

Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0125

ITEM 17 RECESS 9:57 AM
ITEM 18 RECONVENE 9:59

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 10:00 AM
Reconvened in Formal Session 10:45 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.
NO ACTION

15.C) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Noyce McGarity, Plaintiff, v. Denton County, Texas, et al, Defendants, Cause #2007-60035-393, pending in the 393rd Judicial District Court of Denton County, Texas.

Move to approve the recommendation of the District Attorney, Civil Division, for the Court to assign this case to the Texas Association of Counties who would represent Denton County under our General Liability Insurance Policy by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0126

ITEM 19 ADJOURNMENT 10:46 AM

This set of minutes for February 20th , 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.