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 May 1, 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 1st day of May, 2007, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Judge Mary Horn. Commissioners Ron Marchant, Bobbie J. Mitchell and Andy Eads were present, (with Commissioner Cynthia White attending Executive Session) along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Kathleen Bransford.

Court opened with an Invocation by Tommy Brewer, Citizen, followed by the Pledges of Allegiance to the American and Texas Flags led by Roland Asebedo, Assistant Chief Fire Marshal.

ITEM 1 PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA

Return to Later in this Session

ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS

3.A) Approval of a proclamation naming the month of May, 2007, as “Motorcycle Safety and Awareness Month” in Denton County, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0246

ITEM 4 PUBLIC HEARINGS

4.A) Approval of an amendment of the Lake Ray Roberts Land Use Ordinance for a Zoning Change from Agriculture (AG) to Residential Estates District (R-1) for Abstract 418,Tract 27A, and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Public Works/Planning Department, and any appropriate action.

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

No one spoke either for or against.

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

Move to approve amendment by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0247

ITEM 2 CONSENT AGENDA (ITEMS PULLED: 7A)

TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of award of bid for Printing, Bid #03-07-1824, to Cooper’s Copies and Printing, and any appropriate action. (Briefing 4-24-07)

BUDGET

7.B) Approval of Budget Amendment Request #100900 for HVAC Supplies for Facilities Management in the amount of $10,000, and any appropriate action.

7.C) Approval of Budget Amendment Request #100910 for Election Judges and Assistants for Election Administration in the amount of $14,000, 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.) Human Resources: Jerry Metzler; Planning: Robert Wachal; Sheriff: Colton Alexander.

OTHER DEPARTMENTS

13.D) Approval of Building Use Request by DAR to use the CHOS Courtroom, Conference Room for the reading of the Constitution and DAR Meeting on September 17, 2007 from 1:00 p.m. to 5:30 p.m., and any appropriate action. Aide to the Court (Briefing 4-24-07)

13.E) Approval of Building Use Request from Greater Denton Sports Commission to use the Courthouse on the Square lawn on September 23, 2007 for spectator viewing of downtown bike race, and any appropriate action. Aide to the Court (Briefing 4-24-07)

13.F) Approve the application for the National School Lunch Program/School Breakfast Program Contract for the 2007-2008 school year for Juvenile Probation, and any appropriate action. (Briefing 4-24-07)

Move to approve Consent Agenda by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0248

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 $ 625.00 to Mims-Delia Parker, Atty., duplicate payment;
GENERAL $ 100.00 to Monica Munera - Interpreter, no invoice;

ADDITIONS—
Sup CSCD $ 2,002.00 to State Comptroller, expedite payment;

Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0249

ITEM 4 PUBLIC HEARINGS

4.B) Approval of an amendment of the Lake Ray Roberts Land Use Ordinance for a SPECIAL USE PERMIT, Abstract 418, Tract 27A, Precinct 1, recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Public Works/Planning Department, and any appropriate action.

Move to Open Public Hearing by Judge Horn, seconded by Comm. Eads.
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 Judge Horn, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0250

ITEM 6 PURCHASING

6.C) Approval to declare a digital Polaroid passport camera as surplus and use as trade-in toward the purchase of a new Polaroid camera and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0251

6.D) Approval of the purchase for Symantec Software Maintenance Renewals through the TXMAS Cooperative purchase program, from Carahsoft Technology Corp. for $57,464.18, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0252

6.E) Approval of Security Guard Services, Inc. RFP #02-07-1820 to Ruiz Protective Services, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 07-0253

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 Legislative Policy Statement for the 80th Legislative Session relating to authorizing Denton County to assess a reasonable road use fee to certain entities who drill gas wells within the county, specifically stating Denton County’s support of House Bill 4059, by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0254

Discussion followed concerning Senate Bill 1638 on which Judge Horn read a letter she composed to Senator Jane Nelson. Also discussed was Senate Bill 618 by Comm. Marchant regarding an increase to the jurisdictions of Justice of the Peace Courts to $10,000. Senate Bill 1593 regarding bond forfeiture was also mentioned.

ITEM 1 PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA
Melvina L. Sparks voiced her complaint about Denton County policy and its injustice.

ITEM 13 OTHER DEPARTMENTS
13.B) Approval of the appointment of Mr. Jesse Coffey as the County At-Large Representative to the Board of Directors on the Upper Trinity Regional Water District, and any appropriate action. (Formal 4-24-07)

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0255

13.C) Approval of the appointment of a member to the Board of Directors on the Upper Trinity Regional Water District, and any appropriate action. (Formal 4-24-07)

Move to appoint Jean Campbell by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0256
 

13.G) Discussion and approval of Appointment of Election Judges for the May 12, 2007 Constitutional Amendment Joint Election, and any appropriate action. La discusión y la aprobación de la cita de los jueces de la elección para la enmienda del 12 de mayo de 2007 Consatitutional articulan la elección. Elections Department

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0257

13.H) Approve the re-appointment of Richard Metivier to the Denton County Building and Property Committee as a Precinct 3 representative, and any appropriate action. Commissioner Precinct 3

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0258

13.I) Approve the re-appointment of Bradley Moore to the Denton County Building and Property Committee as a Precinct 3 representative, and any appropriate action. Commissioner Precinct 3

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0259

ITEM 14 LEGAL
14.B) Approval of Standard Terms and Conditions for Program Service Agreement – Texas ASM/TSI/OBDII Integrated System between Denton County, Texas and Worldwide Environmental Products, Inc., and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0260

14.C) Approval of: (1) Amendment #1 to the Health Plan Terms and Conditions between PacificCare of Texas, Inc., and Denton County, for Medicare Advantage (Secure Horizons) group health services, and (2) Amendment #4 to the Group Health Insurance Policy Secure Horizons Senior Supplement Plan, for senior supplement health benefits to eligible Retiree members, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 4-0-0
Court Order 07-0261

14.D) Approval of the Owner/Architect Short Form Agreement between HDR Architecture, Inc., and Denton County, Texas, that provides for consulting services on the Capital Improvement Committee project, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0262

14.E) Approval of: (1) the contract for Purchase of Right-of-Way between Denton County and Reddy Cross Timbers Limited Partnership for 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 Reddy Cross Timbers Limited Partnership; 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 Reddy Cross Timbers Limited Partnership with funding to come from FM 1171 Project, Auditor #63-7360-90-10, located in Commissioner Precinct #3, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0263

ITEM 16 ADDENDA

16.A) Approval of award of bid, exempted from formal bidding on April 17, 2007, for the Canyon Road Culvert Replacement, to Quality Excavation, Ltd. for $109,141.00, and any appropriate action. Purchasing

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0264

16.C) Approval of the appointments to the Building & Property Committee, and any appropriate action. Commissioner Precinct #4

16.D) Approval of the appointment to the Emergency Services District, and any appropriate action. Commissioner, Precinct #4
REPOST ITEMS 16C & 16D FOR NEXT MEETING

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 9:50 AM
Reconvened in Formal Session 10:13 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.

16.B) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton v. Denton County and Denton County Information Services, Civil Action No. 2:05-vc-00125-DF. DA/Civil

NO ACTION ON EXECUTIVE SESSION ITEMS

ITEM 6 PURCHASING

6.B) Accept receipt of bank applications delivered to the County Judge’s Office before 10:00 a.m., May 1, 2007 and approval of award of bid for Bank Depository, Bid #03-07-1822, and any appropriate action.
ITEM TABLED FOR A LATER MEETING

ITEM 19 ADJOURNMENT 10:17 AM

This set of minutes for May 1, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.