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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 July 31, 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 31st day of July, 2007, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Judge Mary Horn. Commissioners Cynthia White, Bobbie J. Mitchell and Andy Eads were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Kathleen Bransford. Commissioner Ron Marchant arrived at 9:37 a.m.
Court opened with an Invocation by Dr. Bing Burton, Director of the Health Department, followed by the Pledges of Allegiance to the American and Texas Flags led by Scott Arledge, Assistant Director of Purchasing.
ITEM 3 RESOLUTIONS/AWARDS/REPORTS/PRESENTATIONS
3.A) Presentation recognizing Beth Fleming, Director of Purchasing, as having achieved the Certified Public Purchasing Officer designation from the Universal Public Purchasing Certification Council, and any appropriate action. County Judge
ITEM 7 BUDGET
7.E) Presentation of the effective and rollback tax rates for Denton County for tax year 2007, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0416
ITEM 2 CONSENT AGENDA
PURCHASING
6.A) Approval of renewal for Microfilming Supplies, Bid #06-05-1701 to Windward Group. LLC, formerly Business Equipment Solutions, LLC, Section 3&4, and any appropriate action. (Briefing 7-24-07)
6.B) Approval of specifications and authority to advertise for Walk-In Freezer Project – Sheriff’s Office, Bid #07-07-1842, and any appropriate action. (Briefing 7-24-07)
BUDGET
7.A) Approval of Intra-Departmental Transfers, and any appropriate action.
7.C) Approval of Budget Amendment Request #101370 for Guardianship Services including the transfer of funds from Non-Departmental Unappropriated Contingency for Probate Court in the amount of $8,000, and any appropriate action. (Briefing 7-24-07)
7.D) Approval of Budget Amendment Request #101340 for Substitute Court Reporter for Probate Court in the amount of $3,500, and any appropriate action. (Briefing 7-24-07)
7.F) Approval of Budget Amendment Request #101400 for Vehicle Repairs and Mobile Phone Expense for Constable, Precinct #4 in the amount of $1,608, and any appropriate action.
7.G) Approval of Budget Amendment Request #101410 for Training/Education and Law/Reference Books for Criminal District Attorney in the amount of $17,000, 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.) County Clerk: Michelle Carreon; Purchasing: Teresa Farnam; Tax Assessor/Collector: Cynthia Manross and Cindy Offutt; Law Enforcement Facility: Danny Dunn; County Jail: Jeremy Tucker; Sheriff: Cara Kemmitz; R&B 4: Rickey Powell; Probate Court: Amanda Lackey.
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0417
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 $ 200.00 to Derek Adame, Atty., incorrect vendor;
GENERAL $ 263.43 to Classic Advertising, Atty, incorrect vendor;
GENERAL $ 25.04 to Office Depot, incorrect date;
ADDITIONS—
R & B $ 89.56 to Atmos, expedite;
CSCD $ 1,863.00 to State Comptroller, Sexual Assault Fees, expedite.
Move to approve amended Bill Report by Comm. Eads, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 07-0418
ITEM 6 PURCHASING
6.C) Approval of specifications and authority to advertise of Tactical Equipment, Bid #07-07-1845, and any appropriate action.
Move to approve by Comm. Eads, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 07-0419
ITEM 6 PURCHASING
6.D) Approval of award of bid for Moving Services – Records Management, Bid #06-07-1838, to Duryea Moving and Storage for $28,888.88, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 3-1-0 (Comm. Eads, nay)
Court Order 07-0420
ITEM 6 PURCHASING
6.E) Approval of award of bid for Denton County Courts Building Lower Level Renovation, Bid #05-07-1832, to Fain Group, Inc., for $4,175,000 and Alternate 1 for $82,300, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0421
ITEM 17 RECESS 9:19 AM
ITEM 18 RECONVENE 9:25 AM
ITEM 14 LEGAL
14.B) Approval of Amendment #1 to the LPAFA for FM 1171-Section 1, limiting the County’s commitment to Right-of-Way acquisition located in Commissioner Precinct #3 and Commissioner Precinct #4, and any appropriate action. (Formal 7-17-07)
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0422
14.C) Approval of Amendment One – Agreement for Guardianship Services between Denton County, Texas, and Aids Services for North Texas d/b/a Health Services of North Texas Guardianship Services, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0423
ITEM 4 PUBLIC HEARINGS
4.A) Approve the termination of the County Clerk’s Record Archive fee, and
any appropriate action. County Clerk
Move to Open Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
County Clerk spoke in favor of the termination of the fee.
Move to Close Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
Court Order 07-0424
4.B) Approve the County Clerk’s Records Management fund, fee and plan, and
any appropriate action. County Clerk
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 4-0-0
County Clerk spoke in favor of the plan.
Move to Close Public Hearing by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 07-0425
Comm. Marchant arrived.
ITEM 14 LEGAL
14.D) Approval of the Contract for Professional Services between Denton
County, Texas, and Huitt-Zollars, Inc., for the OD Neal Road Bridge Replacement
Project located in Commissioner Precinct #4, and any appropriate action.
Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0426
ITEM 14 LEGAL
14.E) Approval of the Interlocal Cooperation Agreement between Denton County,
Texas, and Jagoe-Public Company, for completion of the Culvert Replacement
Project on Naylor Road, at a total construction cost of $139,225.00 located in
Commissioner Precinct #1, and any appropriate action.
THIS ITEM IS APPROVED LATER IN THIS SESSION
14.F) Approval of (1) the Contract for Purchase of Right-of-Way (Parcels 10
and 10E) between Denton County and Deacon Investments, a General Partnership,
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 Deacon
Investments; 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 real property from
Deacon Investments, with funding to come from the FM 1171 Project, Auditor
#70-7360-90-20 located in Commissioner Precinct #3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0427
14.G) Approval of (1) the Contract for Purchase of Right-of-Way (Parcel 31) between Denton County and Harpavat Investment Management, 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 Harpavat Investment Management; 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 real property from Harpavat Investment Management, with funding to come from the FM 1171 Project, Auditor #70-7360-90-20 located in Commissioner Precinct #3, and any appropriate action
Move to approve by Comm. Mitchell, seconded by Comm. Eads
Motion Carried 5-0-0
Court Order 07-0428
ITEM 16 ADDENDA
16.C) Approval of the Interlocal Cooperation Agreements for Juvenile
Post-Adjudication Facility services between Denton and Somervell Counties.
DA/Civil.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0429
16.D) Approval of the Interlocal Cooperation Agreement for property tax collection between Denton County, Texas, and the Town/City of Argyle. DA/Civil.
Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0430
16.E) Approval of Amendment One-Agreement between Denton County, Texas and Alexander Utility Engineering,, Inc. for Engineering Services for County Fiber Optic Network, Phase 1. DA/Civil.
Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0431
ITEM 13 OTHER DEPARTMENTS
13.A) Approve the reorganization of the Public Works Department, and any appropriate action. Commissioner Precinct #4 (Formal 7-24-07)
13.A-1) Move to adopt on October 1, 2007, the revised organizational plan
eliminating the
following positions: Director of Public Works, Planning System Analyst, Storm
Water Coordinator, Administrative Assistant to the Director of Public Works, the
Engineer in Training, Quality Control Technician and the Engineering Technician
II by Comm. Eads, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0432
13.A-2) Move to add three positions, effective October 1, 2007: Project
Coordinator for the
Road and Bridge East, a Project Coordinator for Road and Bridge West and a
County Engineer; the Project Coordinators will come in as a level grade 22, and
the
County Engineer as a Grade 32 by Comm. Eads, seconded by Comm. White.
Motion Carried 4-1-0 (Comm. Mitchell, nay)
Court Order 07-0433
13.A-3) Move to reclassify in Road and Bridge East the Administrative
Assistant to be Associate
Development Coordinator with a Grade change from 15 to 17, the Associate Planner
of
Subdivisions to be reclassified as Associate Development Coordinator with grade
to stay
the same and the Heavy Equipment Operator 19 to be changed to Quality Control
Technician, Grade 20 by Comm. Eads, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0434
13.A-4) Move to approve revisions, not reclassifications, to the following
job descriptions: Construction Manager to Construction Storm Water Manager,
Senior Planner Subdivision to Development Coordinator and Senior Planner Flood
Plain to Development Coordinator by Comm. White, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0435
13.A-5) Move to approve the Engineering Budget as recommended by the Budget
Director in the County’s Recommended Budget: reallocate the funding to either
the Engineering Budget or the Road and Bridge Precincts including two vehicles
for Precinct One by Comm. White, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0436
ITEM 17 RECESS 9:58 AM
ITEM 18 RECONVENE 10:06 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 10:07 AM
Reconvened in Formal Session 10:34 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.
16.A) Consultation with Attorney: Pending Litigation; Texas Government Code,
Section 551.071 (1) (A); Cause #4:07CV354, John Farr and Crystal Farr v. Denton
County, et. al.
NO ACTION
16.B) Consultation with Attorney when the governmental body seeks the advice of its attorney about: pending or contemplated litigation; or a settlement offer. Texas Government Code, Section 551.071 (1) (A)-(B); Proposed settlement offer by Calvert Paving.
Move to approve the settlement offer on the Lake Ridge Estates from Calvert
Paving to pay the remaining balance of $58,406.80 with funding to come from
Engineering by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0437
ITEM 14 LEGAL
14.E) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and Jagoe-Public Company, for completion of the Culvert Replacement Project on Naylor Road, at a total construction cost of $139,225.00 located in Commissioner Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 4-1-0 (Mitchell, nay)
Court Order 07-0438
ITEM 7 BUDGET
7.B) Approval of any action related to the 2007-2008 Denton County Budget.
ITEM 3 REVISED CONSTABLE EQUITY ADJUSTMENT SCENARIOS – PAGE A-57
Move to approve Option Two: Reinstate Sergeant Position and reclassify by Comm.
Marchant, seconded by Comm. Eads.
Motion Failed 2-3-0 (Comm.’s White & Mitchell and Judge Horn, nay)
ITEM 9 ROAD & BRIDGE FUNDING – PRESENTATION BY COMM. WHITE
ITEM 5 NEW HIRES INCLUDED IN RECOMMENDED BUDGET – PAGE S-59
ACTION: Move to approve two new full time positions and one part time position
in the County
Clerk’s Office by Comm. Mitchell, seconded by Comm. Eads
Motion Carried 5-0-0
Court Order 07-0439
ACTION; Move to approve in Justice of the Peace, Precinct 6, one new part
time position by
Comm. Marchant, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0440
ACTION: Move to approve two new full time positions for Collections by Comm.
Eads, seconded
by Comm. White.
Motion Carried 5-0-0
Court Order 07-0441
ACTION: Move to approve three full time positions for the Tax
Assessor/Collector, Precinct One Government Center, by Comm. Mitchell, seconded
by Comm. White.
Motion Carried 5-0-0
Court Order 07-0442
ACTION: Move to approve two new Deputy Clerks (one for Motor Vehicle, one for
Property) for
the Tax Assessor/Collector by Comm. Marchant, seconded by Judge Horn.
Motion Carried 4-1-0 (Comm. Mitchell, nay)
Court Order 07-0443
ACTION: Move to approve three new full time people for one position requiring
24/7 coverage in
Communications, Sheriff’s Office, by Comm. Eads, seconded by Judge Horn.
Motion Carried 4-1-0 (Comm. Mitchell, nay)
Court Order 07-0444
ACTION: Move to approve three new positions for Patrol Deputies for the
Sheriff’s Office by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0445
ACTION: Move to approve a part time Office Support Specialist to a full time
position @ $18,005 in Constable, Precinct 2, by Comm. Mitchell, seconded by
Comm. Eads.
Motion Carried 3-2-0 (Comm. White & Judge Horn, nay)
Court Order 07-0446
ACTION: Move to approve a part time Office Support Specialist position to a
full time position in Constable, Precinct 4, for an additional $10, 962 by Comm.
Mitchell, seconded by Comm. Marchant.
Motion Carried 3-2-0 (Comm. White and Judge Horn, nay)
Court Order 07-0447
ACTION: Move to approve an Emergency Management Planner in the Department of
Emergency
Services by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 4-1-0 (Comm. Mitchell, nay)
Court Order 07-0448
ACTION: Move to approve a Casework Supervisor in the Juvenile Community
Corrections Department by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0449
ACTION: Move to approve a Senior Court Clerk (Cashier- tied to Collections
Department) for the
County Clerk by Judge Horn, seconded by Comm. Marchant.
Motion Carried 3-2-0 (Comm. Mitchell and Comm. Eads, nay)
Court Order 07-0450
ACTION: Move to approve Transferred Slots in Recommended Budget by Comm.
Marchant,
seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0451
ACTION: Move to approve a separate budget from the County Clerk’s Office for
the Collections
Department by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0452
ACTION: Move to approve recommended reclassifications and equity adjustments
except for the
District Clerk’s positions by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0453
ITEM 17 RECESS 12:12 PM
ITEM 18 RECONVENE 1:45 PM
ITEM 10 APPEALS
ACTION: Move to approve the District Clerk’s appeal for reclassification of
four positions for an
impact of $19,020 and the appeal from Children’s Protective Services for
children’s clothing and an increase in Training & Education for a total amount
of $23,240 by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0454
CONSULTANT FOR HUMAN RESOURCES – APPROXIMATE COST OF $50,000 FOR 3-6 MONTHS – COURT NEEDS MORE INFORMATION/FURTHER IN-HOUSE STUDY
ACTION: Move to approve $34,000 for TLETS Service Contract by Comm. Marchant.
Failed for lack of a second (amount unknown at this time - may be addressed by
Unappropriated Contingency once more information is received)
ACTION: Move to approve a reallocation of $99,100 from Contingency to
Guardianship
Services by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0455
ACTION: Move to approve a reallocation of $7,338 from Miscellaneous County
Building Maintenance of which $1385 will go to landscaping for the Courthouse on
the Square and $5953 to landscaping for the Denton County Courts Building by
Comm. Eads, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0456
ACTION: Move to approve $11,016 for upgrading the Deputy Constable position
from part time to
full time in Constable, Precinct Four, by Comm. Eads, seconded by Comm.
Marchant.
Motion Carried 3-2-0 (Judge Horn & Comm. White, nay)
Court Order 07-457
ACTION: Move to approve a new vehicle and equipment for Copper Canyon
contract, Constable,
Precinct Four, for an impact of $21,500 plus $3,907 by Comm. Eads, seconded by
Judge Horn.
Motion Carried 4-1-0 (Comm. White, nay)
Court Order 07-0458
ACTION: Move to approve Recommended library funding by Judge Horn, seconded
by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0459
ACTION: Move to approve Denton County Social Service Agency Committee
Recommendations by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0460
ACTION: Move to approve $580,411 from interest earned funds (2005
Certificates of Obligation)
for various building repairs by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0461
ITEM 19 ADJOURNMENT 2:36 PM
This set of minutes for July 31, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.
