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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 13, 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 13th 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 Tommy Brewer 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 Zoning change from Agriculture (AG) to Residential Medium Density District (R-2) for Abstract 790, Tract 3 & 5, and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
No one spoke either for or against.
Move to Close Public Hearing by Comm. White, seconded by Comm. Marchant.
Motion Carried 4-0-0
Move to approve amendment by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0153
ITEM 1 PUBLIC INPUT
Steven E. Benzer voiced a complaint against Constable Jim Davis at the Sandy Jacobs Government Center.
ITEM 2 CONSENT AGENDA 7A & 8A-2 pulled
PURCHASING
6.A) Approval of report on proceeds from Surplus On-Line Auction #01-07-1810 held in February 2007, and any appropriate action. (Briefing 3-06-07)
6.B) Approval to declare 2001 Chevy Camaro as surplus; place in Sealed Bid Sale #02-07-1816; advertise; and any appropriate action. (Briefing 3-06-07)
6.C) Approval of award of bid for Corrugated Galvanized Metal Pipe, Bid #12-06-1809, to Contech Construction Products, Inc., and any appropriate action. (Briefing 3-06-07)
6.D) Approval of renewal of bid for Surface Treatment Aggregate (Type D, Grades 3 & 4), Bid #04-05-1683, to DFW Materials, and any appropriate action. (Briefing 3-06-07)
6.E) Approval of specifications and authority to advertise for Smoke Detection System Upgrade-Denton County Jail, Bid #02-07-1815, and any appropriate action. (Briefing 3-06-07)
6.F) Approval of specifications and authority to advertise for Flexible Base (Grade 1, Type A), Bid #02-07-1817, Road and Bridge West, and any appropriate action. (Briefing 3-06-07)
6.G) Approval of award for Employee Service Award Event, RFP #12-06-1807, to Circle R Ranch, and any appropriate action. (Briefing 3-06-07)
BUDGET
7.B) Approval of Budget Amendment Request #100690 to increase revenues and allocate expenditures for various line items for 2005 Homeland Security Grant in the amount of $678,559, and any appropriate action. (Briefing 3-06-07)
7.C) Approval of Budget Amendment Request #100700 for Office Supplies including the transfer of $2,042 from Non-Departmental Unappropriated Regular Contingency for Justice of the Peace, Precinct #6 for a total of $3,992, and any appropriate action. (Briefing 3-06-07)
7.D) Approval of Budget Amendment Request #100710 for Office Rental for County Leased Building in the amount of $2,664, and any appropriate action. (Briefing 3-06-07)
7.E) Approval of Budget Amendment Request #100730 for Operating Equipment for Law Enforcement Facility in the amount of $6,724, and any appropriate action. (Briefing 3-06-07)
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.) Eduardo Davila - JJAEP; Timothy Phillips - Criminal District Attorney; Mark Wilkins – Emergency Services; Daniela Ruiz – Health Department; Katriona Salazar – Tax Assessor/Collector.
OTHER DEPARTMENTS
13.B) Approve request for acceptance of the proposal for the year 2007 Greater Denton Arts Council Grant for $1,800 for December Holiday Musicales at the Bayless-Selby House Museum, and any appropriate action. (Briefing 3-06-07)
13.C) Approval of the Building Use Request by Denton Main Street to use the CHOS Lawn and restrooms for Twilight Tunes Concert Series from 6:00 p.m. to 8:00 p.m. on May 3, 10, 17, 24, 31; June 7, 14, 21, & 28, 2007, and any appropriate action. Aide to the Court
13.D) Approval of Building Use Request by Denton Main Street to use CHOS Lawn and restrooms for the Arts, Antiques & Autos Extravaganza on Saturday, September 8, 2007 from 8:00 a.m. to 4:00 p.m., and any appropriate action. Aide to the Court
13.E) Approval of Building Use Request by Sandra J. Swan to use the CHOS Lawn for a Candlelight Vigil to Memorialize 4th Anniversary of Iraq War on Monday, March 19, 2007, and any appropriate action. Aide to the Court
LEGAL
14.B) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas, and Dannenbaum Engineering Corporation for Design and Construction Phase Services for Schluter Road, Old Stoney Road and Smith Road Improvements, a TRIP-04 project in the amount of $124,300.00 located in Commissioner Precinct #4, and any appropriate action. (Briefing 3-06-07)
14.C) Approval of the Contract between Denton County, Texas, and Graham Associates, Inc., for the Engineering and Surveying of FM 156, in the amount of $29,500.00, with funding to come from Precinct 4 TRIP-04 project funds located in Commissioner Precinct #4, and any appropriate action. (Briefing 3-06-07)
14.D) Approval of the Contract between Denton County, Texas, and Ed Bell Construction Company for the construction and widening of FM 407-Rayzor Road to Lantana Trail, Bid #11-06-1804, in the amount of $5,642,035.80, with funding to come from various TRIP-04 project funds located in Commissioner Precinct #4, and any appropriate action. (Briefing 3-06-07)
14.E) Approval of: (1) the Contract for purchase of Right-of-Way between Denton County and Howard Lundeen 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 Right-of-Way from Howard Lundeen; 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 property from the Howard Lundeen with funding to come from the FM 1171 Project, Auditor #63-7360-90-10 located in Commissioner Precinct #3, and any appropriate action. (Briefing 3-06-07)
14.F) Approval of the Supplemental Agreement #5 to the Contract between
Denton County, Texas, and Carter & Burgess, Inc., for Lebanon/Boyd Road Project
in the amount of $80,000.00, with funding to come from Precinct 2 TRIP 04,
Auditor #70-7456-90-10 located in Commissioner Precinct #2, and any appropriate
action. (Briefing 3-06-07)
14.G) Approval of the Supplemental Agreement #3 to the Contract between Denton
County, Texas, and Halff Associates, Inc., for additional funding in the amount
of $57,777.00, for the F.M. 2499, Section 3 Project, located in Commissioner
Precinct #3, and any appropriate action. (Briefing 3-06-07)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0154
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 $ 175.00 to Jason Jacoby, Atty., duplicate invoice;
GENERAL $ 107.69 to Betty Copeland, duplicate invoice;
GENERAL $ 3,256.25 to Coby Waddill, incorrect vendor;
ADDITIONS—
GENERAL $ 99.00 to Texas Continuing Education, expedite;
GENERAL $ 9,500.00 to Office of the Attorney General, expedite;
GENERAL $ 6,440.00 to Office of the Attorney General, expedite.
Move to approve amended Bill Report by Comm. Marchant, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 07-0155
5.B) Approve the Denton County Quarterly Investment Report for the Period Ending 12/31/2006, and any appropriate action. (Briefing 3-06-07)
Move to approve by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0156
ITEM 16 ADDENDA
16.A) Approval of the Interlocal Agreement for Motor Vehicle License Point of Sale Equipment Lease between Denton County, Texas, and motor vehicle dealership, VODVT Motors Limited, and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0157
16.B) Approval of the Customer Agreement between Denton County, Texas, and
International Business Machines Corporation (IBM) for the new i5 IBM Computer
(AS400) in the Tax Collector and Assessor’s Office, and any appropriate action.
DA/Civil
Move to approve by Judge Horn, seconded by Comm. Marchant.
Motion Carried 450-0
Court Order 07-0158
ITEM 6 PURCHASING
6.H) Approval of specifications and authority to advertise for Security Guard Services, RFP #02-07-1820; appointment of Evaluation Committee to include Rex George, Dugan Broomfield, Danny Brumley, Sgt. Jim Bob Kline, and Beth Fleming, and any appropriate action.
Move to approve by Comm. Marchant, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0159
ITEM 12 SHERIFF
12.A) Approve Planning Funding Agreements for 800mhz Reconfiguration Program between Denton County and Nextel Operations, Inc., and Denton County and Motorola, Inc. as submitted by the Transition Advisor, and any appropriate action.
Move to approve by Comm. Marchant, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0160
ITEM 13 OTHER DEPARTMENTS
13.F) Approve appointment of Dr. Scott McDearmont to the Denton County Health Advisory Board as a Precinct #3 representative, and any appropriate action. Commissioner Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0161
ITEM 14 LEGAL
14.H) Approval of an amendment to the Commercial Lease Agreement between Denton County and P & F Properties to extend the lease of approximately 4,602 square feet of space at 3612 E. McKinney Street (additional space for CPS), and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0162
14.I) Approval of Lease Agreement between Denton County, Texas and Masoud Sadeghian d/b/a Masoud Property for office space for Justice of the Peace, Precinct 4, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0163
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 a resolution regarding the Denton County Indigent
Healthcare Program
and how proposed legislation calling for drastic increases in Indigent Care
would trigger
devastating cuts in other existing health care programs by Judge Horn, seconded
by
Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0164
13.A-2) Move to approve the Legislative Policy Statement for the 80th
Legislative Session relating
to the ownership and disposition of official court reporter notes and
transcripts,
specifically stating Denton County’s support of Senate Bill 179 by Judge Horn,
seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0165
13.A-3) Move to approve the Legislative Policy Statement relating to the
compensation of official
court reporters for district courts, specifically stating Denton County’s
support of Senate
Bill 1164 by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0166
ITEM 17 RECESS 9:35 AM
ITEM 18 RECONVENE 9:42 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 9:42 AM
Reconvened in Formal Session 10:16 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);
Pending or Anticipated Litigation; Nicholson Road at Clear Creek Bridge
Right-of-Way Acquisition for the Bridge Replacement Project located in
Commissioner Precinct #1.
Move to approve the District Attorney’s, Civil Division, request for
permission to assign outside counsel for anticipated litigation concerning this
item by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0167
ITEM 8 HUMAN RESOURCES
8.A-4) Move to approve a corrected Court Order Making Appointment for Mark
Wilkins,
Emergency Services, by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0168
ITEM 13 OTHER DEPARTMENTS (CONTINUED)
13.A-4) Move to approve a resolution opposing a moratorium on Comprehensive
Development
Agreements in relation to the Texas Department of Transportation – TxDOT – and
SH
121 CDA Concession Fee by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0169
ITEM 19 ADJOURNMENT 10:44AM
This set of minutes for March 13th , 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.
