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 August 7, 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 7th day of August, 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 Christopher Wells, followed by the Pledges of Allegiance to the American and Texas Flags led by Tim Creek.

ITEM 13 OTHER DEPARTMENTS

13.E) Approval of the appointment of Mike Nowels to the North Texas Tollway Authority Board of Directors for the two-year term of September 1, 2007 through August 31, 2009, and any appropriate action. County Judge

13.F) Approval of the re-appointment of Dave Denison to the North Texas Tollway Authority Board of Directors for the one-year term of September 1, 2007 through August 31, 2008, and any appropriate action. County Judge

Move to amend 13.E to state that Mike Nowels is approved for a one-year term and 13.F to state that Dave Denison is approved for a two-year term by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0462

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

TREASURER

5.B) Approval of Payroll

PURCHASING

6.A) Approval of award of bid for Tires and Tubes (Passenger, Light Trucks), Bid #05-07-1834, to Gray’s Wholesale Tire, and any appropriate action. (Briefing 7-31-07)

6.B) Approval of renewal of bid for Detention Supplies, Bid #07-06-1783, to Bob Barker Company for Items #2, 3, and 5, and any appropriate action. (Briefing 7-31-07)

6.C) Approval of renewal of contract for Detention Supplies, Bid #06-05-1703 to, Robinson Textiles for items #1 and 2, and Leslee Scott, Inc. for items #4 & 7, and any appropriate action. (Briefing 7-31-07)

6.D) Approval of specifications and authority to advertise for Office Furniture, Bid #06-07-1840, and any appropriate action. (Briefing 7-31-07)

6.E) Approval of specifications and authority to advertise for Bid #07-07-1841, Preventative Maintenance Agreement – Records Management, and any appropriate action. (Briefing 7-31-07)

6.F) Approval of specifications and authority to advertise for Fire Alarm/Automatic Fire Sprinkler Semi-Annual Inspection and Fire Extinguisher Inspection, Bid #07-07-1846, and any appropriate action. (Briefing 7-31-07)

BUDGET

7.A) Approval of Intra-Departmental Transfers, and any appropriate action.

7.C) Approval of Budget Amendment Request #101420 to increase revenues and allocate expenditures for Office Supplies for CHOS Museum in the amount of $1,570, and any appropriate action. (Briefing 7-31-07)

7.D) Approval of Budget Amendment Request #101480 for Roof Repairs for Law Enforcement Facility in the amount of $6,567, 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.) Public Health: Admerle Hoskins; Post Adjudication: Luis Flores; County Jail: Kathleen Barckley, Christopher Brock, Brice Hicks, Daniel Habersham and Kenneth Lewis; Sheriff-Mental Health: Sammy Bishop; CSCD-Adult Probation: April Arnesen

8.B) Approve Personnel Policy HIV/AIDS Workplace Policy, and any appropriate action. (Briefing 7-31-07)

OTHER DEPARTMENTS

13.A) Approval of Building Use Request by Magilum Records for the use of the Courthouse on the Square Lawn on August 18, 2007 from 12:00 p.m. to 8:00 p.m. for a folk music concert, and any appropriate action. (Briefing 7-31-07) Aide to the Court

13.B) Approval to allow Exposition Media LLC to film in the Courthouse-on-the-Square in August 2007, and any appropriate action. (Briefing 7-31-07) County Judge

Move to approve Consent Agenda by Comm. Marchant, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0463

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 $ 225.00 to Texas Assoc. of Counties, voided per dept. request;
GENERAL $ 960.50 to Radisson/S. Padre Island, voided per dept. request;
GENERAL $ 100.00 to George R. Mount, Ph.D, duplicate invoice;
GENERAL $ 200.00 to Lanhon Odom, Atty., incorrect amount;
GENERAL $ 90.00 to Amy Brumley, voided per dept. request;
GENERAL $ 65.00 to Kerry Massey, duplicate payment;

ADDITIONS—
GENERAL $ 350.00 to Joe Skiles, August Lease;
GENERAL $ 262.50 to City of Denton, August Lease;
GENERAL $ 6,480.00 to Property Search, Inc., August Lease;
GENERAL $ 8,000.00 to Dr. James Shupe, August Lease;
GENERAL $ 1,000.00 to Harold A. O’Neil Co., August Lease;
GENERAL $ 3,256.00 to Masoud Property, August Lease;
GENERAL $ 5,460.27 to P & F Properties, August Lease;
JUV. PROB. $ 4,000.00 to Garden Ridge at Valley Co., August Lease;
P.H. $ 200.00 to Denton Housing Authority, August Lease;
WIC $ 2,772.09 to Northcrest Village, S.C., August Lease;
WIC $ 250.00 to The Colony Church of Christ, August Lease;
WIC $ 2,629.69 to James Holmes, Et Al, August Lease;
FORF. $ 550.00 to Martinez-Multi Service, Lien Payoff;

Move to approve amended Bill Report by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (Comm. White absent for vote)
Court Order 07-0464

ITEM 13 OTHER DEPARTMENTS

13.C) To Call Local Option Election – Town of Corral City “The Legal Sale of all alcoholic beverages including mixed beverages” on November 6, 2007 at Denton County, Texas, Denton County. To designate the Elections Office as the main early voting site, that early voting will begin October 22, 2007, that early voting will be conducted from October 22, 2007 thru November 2, 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 la ciudad del corral “la venta legal de todas las bebidas alcohólicas incluyendo las bebidas mezcladas” el 6 de noviembre de 2007 en el condado de Denton, Tejas, condado de Denton. A señalar el oficina de las elecciones como la cañería que vota temprano el sitio, eso que vota temprano comenzará el 22 de octubre de 2007, que la votación temprana será conducida a partir del 22 de octubre de 2007 hasta el 2 de noviembre de 2007. La dirección del vendedor de votación temprano es pone a Alexander, P.O. Caja 1720, Denton, TX 76202. Elections

Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0465

13.D) Approval of the appointment of Dr. Albert Pang to the Health Advisory Board, and any appropriate action. Commissioner Precinct #2

Move to approve by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0466

13.G) Approval of the order finding that (1) a specific amount of excess funds totaling $750,000 in the form of unneeded funds from the FM 2164 project in the 2000 Road Bond Fund, is available; (2) that the excess funds are not needed to fund any of the other existing specified projects; and (3) then identifying the Precinct 1 Special Projects account as the project to which the excess funds in the amount of $750,000 are to be allocated; and any appropriate action. Commissioner Precinct #1

Move to approve by Comm. White, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0467

ITEM 14 LEGAL

14.B) Approval of scheduling a Public Hearing for August 14, 2007, at 9:00 a.m., to discuss and take formal action on the Petition for Consent to Create a Fresh Water Supply District to be known as Belmont Fresh Water Supply District No. 2 of Denton County, as submitted by Realty Capital Belmont, L.P., located in Commissioner Precinct #4, and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0468

14.C) Approval of HNTB Contract Modification #8 for the FM 2499, Section 4, in the additional amount of $78,800.00, with funding to come from Better, Safer, Road Program funds, Auditor #71-7453-90-10, located in Commissioner Precinct #1, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0469

ITEM 16 ADDENDA

16.B) Approval of Change Order #3 from Quality Excavation Ltd in the amount of $10,000.00 for the Choctaw Trail Drainage Improvements Project – (Pct 1); this Change Order is for the placement of block sod on ditches, and any appropriate action. DA/Civil

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0470

ITEM 17 RECESS 9:23 AM

ITEM 18 RECONVENE 9:57 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 9:58 AM
Reconvened in Formal Session 10:57 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) EXECUTIVE SESSION: Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code: John Farr and Crystal Farr v. Denton County Sheriff’s Office, et al. in the United States Federal Court for the Eastern District of Texas, Sherman Division; Case No. 4:07cv354. DA/Civil/Sheriff
NO ACTION

ITEM 7 BUDGET

7.B) Approval of any action related to the 2007-2008 Denton County Budget.

ITEM 7 NEW REQUEST FOR A JUVENILE CASE MANAGER POSITION – PAGE A-92
ACTION: Move to approve this new position @ $47,257 including a Car Allowance and Mobile
Phone with the total cost offset with an additional fee by Comm. Marchant, seconded by
Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0471

ITEM 4 ELECTED OFFICIAL SALARY APPEALS – GRIEVANCE DENIED BY COMMITTEE

ITEM 6 CAPITAL REPLACEMENT FUND
ACTION: Move to reallocate $1,450,000 from the Denton County Court Building Lower Level to
the Fund Balance by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0472

ITEM 17 RECESS 11:12 AM

ITEM 18 RECONVENE 1:47 AM

ITEM 6 CAPITAL REPLACEMENT FUND

ACTION: Move to reallocate $1,450,000 from Fund Balance to a new line item called the Capital
Replacement Fund by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0473

ITEM 3 ROAD & BRIDGE FUNDING

ACTION: Move to approve Option Two of the Proposed Tax Rate Scenarios which reduces General
Fund Balance by $115,741, adding $600,000 each to R&B Precincts One and Four,
adding $300,000 to the Capital Replacement Fund for a Proposed Tax Rate of $0.23589
for a proposed increase above Effective Tax Rate equaling 7.99% by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0474

ITEM 2 2008 TAX NOTE CONSIDERATION – PAGE S-112
Discussion to add $150,000 for the Sandy Jacobs Government Center Parking Lot.
Discussion to stay within the court’s self-imposed policy of 5% maximum Non-Voter
Debt based on 2008 Budget equaling $166,000,000.

7.E) Discussion of the proposed tax rate for 2007 for Denton County, including:
1. determine the level of funding required for the FY2008 budget.
2. determine the proposed tax rate for tax year 2007.
3. take a record vote on the proposed tax rate.
4. schedule two public hearings on the proposed tax rate, and any appropriate action.

ACTION: Move to approve a proposed tax rate for Fiscal Year 2007-2008 of 0.23589 per $100 evaluation and the dates of the requisite Public Hearings to be August 21, 2007 and August 28, 2007 at 10 AM by Judge Horn, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0475

ITEM 1 CAPITAL IMPROVEMENT PROGRAM – PAGE S-108
Revised Requests from Comm. Precinct One – Page A-89

ITEM 19 ADJOURNMENT 3:05 PM

This set of minutes for August 7, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.