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 28, 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 28th 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 Tommy Brewer followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.

ITEM 1 PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of renewal of contract for Janitorial Paper Products, Bid #06-06-1773, to Central Poly Corp. for Item 5, and Empire Paper Co. for Items 2, 3, 8, and 9, and any appropriate action. (Briefing 8-21-07)

6.B) Approval of renewal of Bid #04-06-1755 for Janitorial Service, to Members Building Maintenance Ltd. and any appropriate action. (Briefing 8-21-07)

BUDGET

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

7.B) Approval of Budget Amendment Request #101600 for Asphalt Products for Road & Bridge, Precinct #4 in the amount of $32,000, and any appropriate action. (Briefing 8-21-07)

7.C) Approval of Budget Amendment Request #101680 to transfer funds from County Jail to 2005 Certificates of Obligation to cover additional expenses as recommended by Jamail and Smith Construction per change order on the Denton County Sheriff Office-SWAT-Shop Building in the amount of $35,000, and any appropriate action. (Briefing 8-21-07)

7.D) Approval of Budget Amendment Request #101690 for Contract Labor for Justice of the Peace, Precinct #6 in the amount of $1,560, and any appropriate action. (Briefing 8-21-07)

7.E) Approval of the Property Tax Collection Fee Analysis Report and approval for setting fee for the 2007 Tax Collection Contracts with other entities for the 2007 contract period at a rate of $0.72 per parcel, and any appropriate action. (Briefing 8-21-07)

7.G) Approval of Budget Amendment Request #101750 for Professional Services for Public Work’s Administration/Engineering in the amount of $21,000, and any appropriate action.

7.H) Approval of Budget Amendment Request #101760 for Computer Supplies for Tax Assessor/Collector in the amount of $17,208, 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: Sausley Behrens & Marie Martin; Death Investigation Medical Examiner: Troy Taylor; County Jail: Steven Henderson & Joseph Houle; Juvenile Probation Services: Isaac Tellez & Kimberly Reynolds; District Attorney – Hot Checks: Joseph Marchese.

8.B) Approve adopting 2008 Plan of 8.73% for the Texas County and District Retirement System, and any appropriate action. (Briefing 8-21-07)

8.C) Approve a revision to Personnel Policy #7.3 Job Opportunity Listings, and any appropriate action. (Briefing 8-21-07)

OTHER DEPARTMENTS

13.A) Approval of Building Use Request from Denton Holiday Festival Association to use the Courthouse on the Square and the Lawn for the Denton Holiday Lighting Festival on the Square on Thursday, November 29, 2007 from 5:00 p.m. to 8:00 p.m., and any appropriate action. Aide to the Court (Briefing 8-21-07)

LEGAL

14.B) Approval of Amendment and Renewal to the Agreement for Services between Denton County, Texas, and Richmond Communications Group, Inc., for Voice and Data Cabling, and any appropriate action. (Briefing 8-21-07)

Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0495

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 $ 650.00 to Joseph Zellmer, Atty., incorrect vendor;

Move to approve amended Bill Report by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0496

ITEM 7 BUDGET

7.F) Approval of the proposed Denton County Capital Improvement Program, and any appropriate action. (Formal 8-14 & 21-07)

Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 07-0497

7.I) Approval of Budget Amendment Request #101770 for Architect Fees including the transfer of funds from Unappropriated Regular Contingency for Non-Departmental in the amount of $1,200, and any appropriate action.

Move to approve by Comm. Marchant, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0498

ITEM 12 SHERIFF

12.A) Approve Interlocal Agreement for Patrol Services between Denton County, Constable Hatzenbuhler, Constable Precinct #4 and the Town of Copper Canyon, and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0499

12.B) Approve 2008 Tobacco Grant Acceptance Agreement and Compliance Standards for the Sheriff’s Office, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0500

12.C) Approve Interlocal Agreement for Denton County to provide Microwave System Services to DENCO Area 9-1-1 District, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0501

ITEM 13 OTHER DEPARTMENTS

13.B) Approve re-appointment of Gloria H. Massey to the Denton County Child Protective Services Board as a Precinct #3 representative, pending further approval by the CPS Board, and any appropriate action. Commissioner Precinct #3

Move to approve by Comm. Mitchell, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0502

13.C) Approval of the appointment of Kathy Williams to the North Central Texas Workforce Development Board, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0503

13.D) Approve the re-appointment of Dorothy Minter to the Denton County Child Protective Services Board, and any appropriate action. Commissioner Precinct #4

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0504

13.E) Approve the re-appointment of Joe Chiles to the Denton County Development District #4 Board, and any appropriate action. Commissioner Precinct #4

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0505

13.F) Approve the re-appointment of Sean O’Keefe to the Denton County Development District #4 Board, and any appropriate action. Commissioner Precinct #4

Move to approve by Comm. Eads, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0506

ITEM 14 LEGAL

14.C) Approval of Change Order #1, to the Interlocal Cooperation Agreement between Denton County, Texas, and Jagoe-Public Company, for additional work on the Culvert Replacement Project on Naylor Road, in the amount of $12,236.00, for a total contract amount of $151,461.00, 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 07-0507

14.D) Approval of Amendment #2 to the Agreement for Interim Engineering Services between Denton County, Texas, and Teague, Nall and Perkins, Inc., and any appropriate action.

Move to approve by Comm. Eads, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0508

ITEM 16 ADDENDA

16.A) Approval of granting a Right-of-Entry between Denton County, Texas, and Teague, Nall and Perkins, Inc., for three properties owned by Denton County: the Mary and Jim Horn Government Center; the Denton County Criminal Justice Facility; and the Denton County Jail, and any appropriate action, Commissioner Precinct #1, and any appropriate action. DA/Civil

Move to approve with a correction - Precinct 4- by Judge Horn, seconded by Comm.
Eads.
Motion Carried 5-0-0
Court Order 07-0509

16.B) Approval of the Contract for Professional Services between Denton County, Texas, and Huitt-Zollars, Inc., for the Smiley Road Bridge Deck Replacement Project, Commissioner Precinct #1, and any appropriate action. DA/Civil

Move to approve by Comm. White, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0510

16.C) Approval of the Contract for Professional Services between Denton County, Texas, and Huitt-Zollars, Inc., for the John Day Road Bridge Deck Replacement Project, Commissioner Precinct #1, and any appropriate action. DA/Civil

Move to approve with a correction – Precinct 4 - by Comm. Eads, seconded by Comm.
Marchant.
Motion Carried 5-0-0
Court Order 07-0511

16.D) Approval of the Lease Renewal Amendment Agreement (Lease #09917 – Lewisville) between Denton County, Texas, and the State of Texas. Acting by and through the Texas Building and Procurement Commission, for the benefit of the Texas Department of Public Safety, and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. Marchant.
Motion Carried 5-0-0
Court Order 07-0512

16.E) Approval of the Cooperative Purchasing Agreement between the Counties of Cooke and Denton, State of Texas, and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0513

16.F) Approval of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facilities between Denton and Wood Counties, and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 07-0514

16.G) Approve Addendum #1 to Agreement between Harris Corporation and Denton County, and any appropriate action. DA/Sheriff

Move to approve by Comm. Marchant, seconded by Comm. Eads.
Motion Carried 5-0-0
Court Order 07-0515

ITEM 17 RECESS 9:26 AM
ITEM 18 RECONVENE 9:35 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 9:36 AM
Reconvened in Formal Session 10:00 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

16.H) EXECUTIVE SESSION: 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 located in Commissioner Precinct #1. DA/Civil

Move to authorize outside Counsel, Harris Cook & Shanklin, to offer payment to Mr. Joseph A. Stockard in the amount of $3,750 plus installing a temporary gate on Nicholson Road (during the pendency of bridge construction) for acquisition of right-of-way for the Nicholson Road Bridge replacement project located in Commissioner, Precinct One, by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 07-0516

ITEM 4 PUBLIC HEARINGS

4.A) Public Hearing on the proposed county tax rate of $0.23589 per $100 valuation which would increase total tax revenues from properties on the tax roll by 7.99 % for tax year 2007 and schedule a meeting to adopt the tax rate for Tuesday, September 4, 2007 at 10:15 a.m. at the Courthouse-on-the-Square in the Commissioners Courtroom at 110 West Hickory, 2nd floor in Denton Texas, and any appropriate action. Budget

Move to Open Public Hearing by Comm. Marchant, seconded by Comm. Mitchell.
Motion Carried 5-0-0

The following citizens spoke: Kenneth Stout and Chuck Burch.

Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Eads.
Motion Carried 5-0-0

ITEM 17 RECESS 10:34 AM

BRIEFING WORKSHOP IN THE 1896 ROOM

ITEM 19 ADJOURNMENT 11:40 AM

This set of minutes for August 28, 2007, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk, Cynthia Mitchell.