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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 June 14, 2005.
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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Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 14th day of June, 2005, at 9:00 a.m. in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Cynthia White, Sandy Jacobs, Jim Carter and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, Erin McCorkle.
Court opened with an Invocation by Shirley Spellerberg, followed by the Pledges of Allegiance to the American and Texas Flags led by Charlie Kearns.
Ms. Spellerberg: Join me for a moment of prayer. Father, we come before You this morning acknowledging our many shortcomings in Your sight. And we pray Your guidance and direction throughout the course of this meeting and the rest of the day. We thank You for the many, many blessings that You've bestowed upon us as individuals and as Americans. And we pray for the safety of our military around the world wherever they may be and for the comfort of their families here at home.
Just be with us as we conduct the business of this meeting. Be with our leaders. And all of these things we ask in Jesus' name. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approval/Denial of an amendment to the Lake Ray Roberts Land Use Ordinance for a SPECIAL USE PERMIT, Abstract 1322, Tract 10, Precinct #1, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0Move to overturn Lake Ray Roberts Planning & Zoning Commission recommendation to DENY the request for a SPECIAL USE PERMIT by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0357Move to grant special use permit for second mobile home and put time frame on moving third mobile home off the lot within six month by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-03584. B) Approval of amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Recreational/Commercial Services (R/C) Abstract 29, Tract 14, Precinct #1, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0359
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #101100 to increase revenues and allocate expenditures for various line items and the creation of new line items for Grant purposes or FY 2004-2005 for HAVA (Help America Vote Act) Grant in the amount of $2,391,613, and any appropriate action.
ITEM 8 HUMAN RESOURCES
8. D) Approve the creation of a new Elections Inventory Coordinator position in the Elections Department, and any appropriate action.
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of Amendment 1 for The Help America Vote Act Grant for Denton County for $1,588,999. Discusión y aprobación de la enmienda 1 para el acto Grant del votode América de la ayuda para el condado de Denton para $1.588.999. Elections Administration
13. G) Approve the purchase of HAVA Compliant voting systems from Hart Intercivic using the state TBPC Contract Agreement, and any appropriate action. Elections
ITEM 16 ADDENDA
16. A) Approval of the eSlate Agreement, including Warranty, Support, and Licensing Agreement, between Denton County, Texas and Hart InterCivic, Inc., for the purchase of an electronic voting system and equipment and any appropriate action.
Move to hold all items (7.B, 8.D, 13.D, 13.G, & 16.A) until Elections Commission can meet again and come to an agreement on the machines & repost in Commissioners Court on July 5, 2005 by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0360
ITEM 17 RECESS 11:25AM
ITEM 18 RECONVENE 11:30AM
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of specifications and authority to advertise for Vending Services, RFP
#04-05-1681, and any appropriate action. (Briefing 5-07-05)6. B) Approval of award of bid for Road Signs, Bid #04-05-1682, Sections I and II, to Vulcan Signs and approval of rejection of bids Section III, and any appropriate action. (Briefing 5-07-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Roger Cortez, Assistant County Service Officer/Veterans Service Office; Angela Keith, HIV Case Manager/P.H.-HIV Education Grant; Lisa Marie Osborne, FV Victim Intervention Specialist/Criminal District Attorney; Lawrence Stevenson, Animal Control Officer/Sheriff; John Goble, Deputy Sheriff – Patrol/Sheriff.
8. B) Approve revisions to the Denton County Personnel Policy Manual Glossary, and any appropriate action. (Briefing 5-07-05)
8. C) Approve revisions to Personnel Policies # 2. 6, 3.8, 3.9, 3.10 and 3.11 and one paragraph in the Salary Administration Guidelines, and any appropriate action. (Briefing 5-07-05)
OTHER DEPARTMENTS
13. C) Approval of Denton County HIPAA Security Policies and any appropriate action. (Briefing 5-07-05)
13. E) Approval of (1) the creation of a committee to research Denton County’s Sheriff & Constable’s fees, and (2) charging said committee with making a recommendation to the Commissioners Court regarding Sheriff & Constable fees pursuant to Section 118.131 of the Local Government Code, (3) the members of the committee to be Commissioner Bobbie J. Mitchell, Hugh Coleman, Lieutenant Mike Ballard, Constable Jerry Raburn, Constable Jim Dotson, Donna Stewart, and Frank Phillips, and any appropriate action. County Judge (Briefing 5-07-05)
13. F) Approval of award of Emergency Management Planning Grant in the amount of $33,061.00, an ongoing grant award received by Denton County for the past eight years, and any appropriate action. Fire Marshal & Emergency Management Coordinator (Briefing 5-07-05)
LEGAL
14. B) Approval of Amendment #1 to the Contract between Denton County, Texas, and URS Corp., for the FM 2499 Section 2 Project, in the amount of $51,181.00, for a total contract amount of $384,186.00 with funding to come from BSRP Auditor #7354, and any appropriate action. (Briefing 5-07-05)
14. C) Approval of changing the speed limit for the north-south section of Harmonson Road to 40 mph, the replacement of the “Stop Ahead” sign for southbound traffic approaching the intersection with Victory Circle (the existing sign is faded), the cutting of the tree blocking the stop sign on the southbound of Harmonson Road approach to Victory Circle, and that “Curve Ahead” warning sign and a 20 mph speed advisory panel for northbound traffic approaching the north end of the north-south section of Harmonson Road, and any appropriate action. (Briefing 5-07-05)
14. D) Approval of the Contract between Denton County, Texas and Sunset Trials, Inc. d/b/a Circle R Ranch or Western Skys for the Denton County Employee Service Award Event, and any appropriate action. (Briefing 5-07-05)
Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0361
ITEM 5 AUDITOR
5. A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS—
GENERAL $ 30.00 TO Clerk Supreme Court, incorrect vendor;
$ 450.00 to Amador, Victor – Attorney, incorrect amountADDITIONS—
Emerg Svcs Dept $ 19.00 to Argyle Volunteer Fire Dept, May fire call adjustments;
Operations $ 50.00 to City of Lewisville, license – Kenny Nelson;
Emerg Svcs Dept $ 1,980.00 to City of Oak Point Fire Calls, April fire call adjustments;
GENERAL
Civil DA $ 50.00 to Muskogee County Sheriff’s Dept, service – DA;
$ 50.00 to Creek County Sheriff’s Dept, service – DA;
Jail Health $ 10,337.00 to Texas Medical Insurance, ins – Randall Kesseler;
PH $ 3,530.02 to Family Radiology – Denton, lab services – PH;
WIC $ 140.99 to CoServ, service – WIC;
2004 Tax Notes $ 22,028.00 to Pierce Goodwin Alexander, professional svcs – Fire Marshal.Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0362
ITEM 6 PURCHASING
6. C) Approval of award of bid for Denton County Fire Marshal’s Office and Storage, Bid #04-005-1684, to J.C. Commercial, Inc., for $1,182,777, and any appropriate action.
Move to approve with funds as designated; funding to come from 2003 & 2004 tax note savings, from Carroll building generator, and Food Lion building by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-03636. D) Approval of award of bid for Flexible Base, (Grade 1, Type A), Bid #04-05-1687, to Cooke County Stone LP, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0364
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, and any appropriate action. County Judge
NO ACTION13. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds, and TxDOT’s MOU. Commissioner, Precinct #2
NO ACTION13. H) Approval of any action for potential change order #4 for new layout of breakroom and potential and potential change order #6 to repair roof leaks and replace metal flashing and reseal at north wall of building at 1505 E McKinney for a total addition of $5,820. Facilities
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0365
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. E) Approval of setting a date and time to conduct a Public Hearing to consider the placement of an all way stop at the intersection of King Road and Rose Lane, said public hearing to be held on July 12, 2005, at 9:05 am in the Commissioners Court, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-036614. F) Approval of setting a date and time to conduct a Public Hearing to consider the placement of an all way stop sign on Switzer Road where it intersects with Huling Road, said public hearing to be held on July 12, 2005, at 9:10 am in the Commissioners Court, Precinct #1, and any appropriate action.
Move to approve stop sign (NOT an all stop) by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0367
ITEM 17 RECESS 11:46AM
ITEM 18 RECONVENE 11:50AM
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 11:51AM
Reconvened in Formal Session 12:23AM15. 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: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Denton County v. Tarrant County, pending in the Supreme Court of Texas or District Court after remand.
15. D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Robert Donnell Davis, Jr. v. Bruce Isaacks, et al.; In the United States District Court for the Eastern District of Texas, Sherman Division; Case no. 4:04cv333.
15. E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Kenneth Earl Neal v. Lucas, et al.; In the United States District Court for the Eastern District of Texas Sherman Division; Case no. 4:02-CV-165
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS15. F) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss claim made by Michael Thomas.
Move to assign case to Civil Division, specifically to Mr. Coleman by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-036816. B) EXECUTIVE SESSION: Consultation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott T. Schambacher, individually and in all capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes, L.T.D., S.T.S. Contracting Services, L.L.C. and S.T.S. Construction, Inc.
NO ACTION ON EXECUTIVE ITEM 16B
ITEM 19 ADJOURNMENT 12:25PM
This set of minutes for June 14, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
