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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 March 6, 2007.
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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Deputy County Clerk
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 6th day of March, 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 James Wells, Denton County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Jody Gonzalez, Director of Emergency Management.
ITEM 14 LEGAL
14.I) Approval to adopt an order with request to IESI Tx Corporation and IESI Tx Landfill, L.P., project approving the issuance of revenue bonds by the Mission Economic Development Corporation, designating a public hearing officer and authorizing the County Judge to execute certificates approving the order and public hearing, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0129
ITEM 4 PUBLIC HEARINGS
4.C) 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, located in 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. Marchant, seconded by Comm. Eads.
Motion Carried 5-0-0
Move to approve replat by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0130
ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS
3.A) Approve Proclamation declaring the week of March 5-9, 2007 as Severe Weather Awareness Week and Recognition of Denton County Amateur Radio Emergency Service Volunteers and Citizen Emergency Response Team, and any appropriate action. Emergency Services
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0131
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 #100650 to transfer funds from the Law Enforcement Facility Buildings line item to the 2005 Certificates of Obligation Fund in the amount of $35,717, and any appropriate action. (Briefing 2-20-07)
7.C) Approval of Budget Amendment Request #100660 for Computer Software for County Jail in the amount of $55,046, and any appropriate action. (Briefing 2-20-07)
7.D) Approval of Budget Amendment Request #100720 for Office Rental for Child Protective Services in the amount of $1,821, 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: Donna Belanger; Juvenile Probation: Alfonso Pasquel, Jared Winter and Megan Gaither; Juvenile Post Adjudication: Marilyn DeCasas; Sheriff: Scott N. Alvis; County Jail: Landon B. Crawford and Mathew J. Edwards; Criminal DA-Civil: Claire Yancey; Criminal District Attorney: Sheila Bowles, Michael Graves, Caroline Simone and Ed Tober; Tax Office: Deana Barnes, Melissa Griffith and Vickie Rosson; Health: Dana O’Brien.
13.B) Approval of Building Use Request from Timothy Hoy to use the Courtroom of the Lee Walker Government Center on Saturday, March 17, 2007 from 9:30 a.m. to 11:30 a.m. for a Town Hall Meeting for Senator Chris Harris, and any appropriate action. Aide to the Court (Briefing 2-20-07)
13.C) Approval of Building Use Request from Jenna Harwood for the use of the Courthouse Lawn, and in case of inclement weather the Commissioners Courtroom, for TWU Counseling and Family Development Clinic Marriage and Family Expo on April 21, 2007 from 9:00 a.m. to 4:00 p.m., and any appropriate action. Aide to the Court (Briefing 2-20-07)
LEGAL
14.B) Approval of the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas and the State of Texas, acting through the Texas Department of Transportation for Right-of-Way for FM 720 North/South, from El Dorado Parkway (FM 720) to U.S. 380, ROW CSJ 1567-01-025, located in Commissioner Precinct 1, in the amount of $750,000.00, with funding to come from TRIP-04 Funds for this project, Auditor # to be assigned, and any appropriate action. (Briefing 2-20-07)
14.C) Approval of the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for Right-of-Way for FM 720 from Garza Lane to FM 423, ROW CSJ 1567-01-032, located in Commissioner Precinct 1, in the amount of $1,955,000.00, with funding to come from Auditor #70-7401-90-10, and any appropriate action. (Briefing 2-20-07)
Move to approve Consent Agenda by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0132
ITEM 16 ADDENDA
16.B) Approval of an order authorizing the issuance of Denton County, Texas,
Permanent Improvement Bonds, Series 2007 and resolving other matters incident
and related thereto, and any appropriate action. Auditor
16.C) Approval of an order authorizing the issuance of Denton County, Texas, Tax
Notes, Series 2007 and resolving other matters incident and related thereto, and
any appropriate action. Auditor
Move to approve both Item 16B & 16C by Judge Horn, seconded by Comm.
Marchant.
Motion Carried 5-0-0
Court Order 07-0133
9:32 AM – JUDGE HORN ANNOUNCES HER DEPARTURE – COMM. MITCHELL PRESIDING
ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS
3.A) Approve Proclamation declaring the week of March 5-9, 2007 as Severe
Weather Awareness Week and Recognition of Denton County Amateur Radio Emergency
Service Volunteers and Citizen Emergency Response Team, and any appropriate
action. Emergency Services
FURTHER DISCUSSION – NO ACTION – Comm. Court Transcript Page 25
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 $ 750.00 to Henry Paine, incorrect vendor;
GENERAL $ 2,857.02 to Waukesha-Pearce, double billing;
GENERAL $ 32,916.72 to Diamond Pharmacy, should be paid by purchase order.
ADDITIONS—
GENERAL $ 222.28 to Cingular Wireless, Services/Const. 2;
GENERAL $ 4,024.20 to Simmons Floor Covering, Remodeling;
GENERAL $ 604.13 to Nextel Communciations, Svc. Bio-Terrorism/Blackberry Lics.
Move to approve Bill Report as amended and with the exception of Vendor 2657,
Page 45, by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0134
Move to approve Vendor 2657, Page 45, by Comm. White, seconded by Comm. Eads.
Motion Carried 3-1-0 ( Mitchell nay)
Court Order 07-0135
ITEM 6 PURCHASING
6.A) Approval for the use of excess funds from the 2005 Certificate of Obligation Contingency to fund HVAC replacement in Information Systems server room for $22,862.00, and any appropriate action.
Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0136
6.B) Approval for the use of excess 2005 Certificates of Obligation Funds to upgrade the closed circuit television surveillance system in the Pod Jail at the Law Enforcement Center, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0137
ITEM 12 SHERIFF
12.A) Approve and authorize the Sheriff’s Office to Submit an Application for a STEP Grant with the Texas Department of Transportation for Speed Enforcement, and any appropriate action.
Move to approve by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0138
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
Discussion of item in Commissioners Court Transcript to minutes. (Page 38)
13.F) Approval To Call the Constitutional Amendment Election for Denton County Texas on May 12, 2007. To designate the Elections Office, 401 West Hickory, Denton, TX 76201 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. Dates and hours of specific locations are as per attached memo. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX, 76202. 6demarzo, 2007. MesDía Numero del orden judicial del año: La orden: Para llamar la elección de la enmienda constitucional para el condado Tejas de Denton el 12 de mayo, 2007. Para señalar la oficina de las elecciones, Nuez dura del oeste 401, Denton, TX 76201 como la cañería que vota temprano el sitio, eso que vota temprano comenzará el 30 de abril, 2007, that early voting will be conducted from April 30, 2007 thru May 8, 2007. Dates and hours of specific locations are as per attached memo. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections Department
13.G) Approve Joint Election Order Denton County Special Election for May 12, 2007 and any appropriate action. Apruebe la elección especial de la elección de la orden del condado común de Denton para el 12 de mayo, 2007 y cualquier acción apropiada. Elections Department
Move to approve Items 13.F & G by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0139
13.H) Approval of request to switch cell phone providers for Constable Precinct #3, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0140
Discussion of item in Commissioners Court Transcript to minutes. (Page 47)
13.D) Approve the appointment of Charles Farmer to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0141
13.E) Approval of appointment of Julie E. Brokaw to the Child Protective Services Board, and any appropriate action. Commissioner Precinct #2
Move to approve by Comm. Marchant, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 07-0142
ITEM 14 LEGAL
14.D) Approval of the Change Order to the Agreement for Construction between Denton County, Texas, and J.C. Commercial, Inc., for the construction of the Steven Everett Copeland Government Center, Precinct One, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0143
14.E) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and North Park Terrace Apartments V, Ltd., for the purchase of real property for the FM 1171 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 North Park Terrace Apartments V, Ltd.; and (3) direct to the County Auditor to issue a warrant in the amount of the purchase price, plus any fees, for the purchase of the property from North Park Terrace Apartments V, Ltd., with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner, Precinct #3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0144
14.F) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and FM Office Condo Alliance, Ltd., for the purchase of real property for the FM 1171 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 FM Office Condo Alliance, Ltd.; and (3) direct the County Auditor to issue a warrant in the amount of the purchase price, plus any fees, for the purchase of the property from FM Office Condo Alliance, Ltd., with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner, Precinct #3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0145
14.G) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and Bolivar Water Supply Corporation, a non-profit, member owned and member-controlled corporation, for Utility Relocation on FM 1173, in the amount of $60,000.00, with funding to come from Precinct #4 Discretionary Funds, Commissioner Precinct #4, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0146
14.H) Approval of: (1) the Contract for Purchase of Right-of-Way between Denton County and North Texas Chinese Church for the purchase of real property for the FM 1171 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 North Texas Chinese Church; and (3) direct to the County Auditor to issue a warrant in the amount of the purchase price, plus any fees, for the purchase of the property from North Texas Chinese Church with funding to come from the FM 1171 Project, Auditor #63-7360-90-10, Commissioner, Precinct #3, and any appropriate action
Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0147
14.J) Approval to renew the JURY + Jury Management System Software Maintenance Agreement between Denton County, Texas and Jury Systems Incorporated, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0148
ITEM 16 ADDENDA
16.A) Approval of Building Use Request by UNT & TWU to use the Courthouse on the Square facilities and lawn for UNT & TWU to host an event to celebrate the Denton Sesquicentennial and each university’s own history on Friday, March 9, 2007 from 4 pm to 9 pm. Aide to the Court
Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0149
16.D) Approval of the Amended Interlocal Cooperation Agreement between Denton County, Texas, and the City of Corinth for use of Street Right-of-Way for the Denton County Fiber Optic System, and any appropriate action. DA/Civil
Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0150
16.E) Approval of Change Order #1, to the Contract between Denton County, Texas, and Quality Excavation, Ltd., in the amount of $4,464.00, for the Denton County Courts Building Parking Lot Expansion Project, and any appropriate action. DA/Civil
Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0151
ITEM 17 RECESS 10:14 AM
ITEM 18 RECONVENE 10:15 AM
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 10:16 AM
Reconvened in Formal Session 10:43 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); 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.
Move to approve settlement of Northport Commercial Limited vs. Texas
Department of Transportation and Denton County, Texas, under Cause No.
ED-2005-00250 by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0152
ITEM 19 ADJOURNMENT 10:44 AM
This set of minutes for March 6th, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.
