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 July 12, 2005.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

By:

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 12th day of July, 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, 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 Tom Keever, Civil District Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Charlie Kearns.

Mr. Keever: Heavenly Father, we thank You for the opportunity to gather as a free people to govern ourselves. We ask for Your blessings and Your wisdom to be conveyed on this Commissioners Court as they do the County's business. We ask that You remember our troops in whatever locale they may be, and keep them out of harm's way. We ask these things in Jesus' name. Amen.

ITEM 13 OTHER DEPARTMENTS

13. F) Approve any appropriate action for potential change order #5 at 1505 E McKinney for a total addition of $9,129.80 and a deduction of $8,032.00 for a total addition of $1,097.80. Facilities

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0401

ITEM 4 PUBLIC HEARINGS

4. A) Approve the placement of an all stop sign at the intersection of King Road and Rose Lane, Precinct #1, and any appropriate action. DA/Civil Division

Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0

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

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0402

4. B) Approve the placement of a stop sign on Switzer Road where it intersects with Huling Road, Precinct #1, and any appropriate action. DA/Civil Division

Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0

Move to Close Public Hearing by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0403

ITEM 13 OTHER DEPARTMENTS

13. E) Approve the purchase of a HAVA Compliant Voting System, and any appropriate action. Elections (Formal 6-14-05)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0404

13. D) Approve the purchase of HAVA Compliant voting systems from Hart Intercivic using the state TBPC Contract Agreement, and any appropriate action. Elections (Formal 6-14-05)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0405

ITEM 16 ADDENDA

16. A) 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, and any appropriate action. Elections Administration

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0406

16. E) Approval of the eSlate Agreement including Warranty, Support, and Licensing Agreement, between Denton County, Texas and Hart InterCivic, Inc. for electronic voting system and equipment, and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0407

ITEM 2 CONSENT AGENDA

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of donation of obsolete and/or incomplete dental equipment to Denton Bible Church for missions according to the provisions of Section 263.151 and 263.152 of the Local Government Code, and any appropriate action. (Briefing 7-05-05)

6. C) Approval of report on proceeds from Surplus On-Line Auction Sale #04-05-1678 held May 23-June 7, 2005, and any appropriate action. (Briefing 7-05-05)

6. D) Approval of specifications and authority to advertise for Microwave Radio System, RFP #06-05-1697, and any appropriate action. (Briefing 7-05-05)

6. E) Approval of specifications and authority to advertise for Mobile Microwave Antenna System, RFP #06-05-1698, and any appropriate action. (Briefing 7-05-05)

6. F) Approval of specifications and authority to advertise for 450’ Communication Tower, RFP #06-05-1696, and any appropriate action. (Briefing 7-05-05)

BUDGET

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

7. C) Approval of Budget Amendment Request #101210 for Institutional Care including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency to Juvenile Probation in the amount of $40,000, and any appropriate action. (Briefing 7-05-05)

7. D) Approval of Budget Amendment Request #101180 to increase revenues, allocate expenditures and transfer excess funds for Operating Equipment for Constable, Precinct #5 in the amount of $1,620, and any appropriate action. (Briefing 7-05-05)

7. E) Approval of Budget Amendment Request #101250 for Psychological Services for County Criminal Court #4 in the amount of $1,000, and any appropriate action.

7. F) Approval of Budget Amendment Request #101270 for Computer Supplies for County Clerk in the amount of $5,508, 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.) Yvette Olden, Administrative Specialist I/Constable, Pct. 5; James Christopher Abel, Misdemeanor Prosecutor II/Criminal District Attorney; Vanessa Freeman, Senior Buyer/Purchasing Department; John Peters, Driver/Equipment Operator/Road & Bridge, Pct 4; Larry Pyles, Sergeant – Detention/County Jail; Allen Slater, Detention Officer II/County Jail; Donald Stewart, Detention Officer I/County Jail; Steven Welborn, Detention Officer I/County Jail; Denise Keith, Detention Officer I/County Jail.

HEALTH

9. A) Approval of an amendment to our Service Delivery Integration contract with the Department of State Health Services and any appropriate action. (Briefing 7-05-05)

PUBLIC WORKS

10. A) Approval of a software maintenance/technical support agreement (Implementation Services Terms and Conditions Agreement) between Environmental Systems Research, Inc. (ESRI) and Denton County, Texas. The agreement is necessary to upgrade the current SDE database which runs the G.I.S. program, and any appropriate action. (Briefing 7-05-05)

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0408

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. A) Approval of any possible action on a disaster declaration for the prevention of wildland fires due to drought conditions in Denton County. Fire Marshal/Emergency Management

Move to Continue the Burn Ban by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-409

3. B) Approval and adoption of the National Incident Management System (NIMS) as standard for incident management for Denton County, and any appropriate action. Fire Marshal/Emergency Management

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0410

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 $ 122.40 to Jacobs, Sandy, per department;
$ 250.00 to Vanzura, Ron – Attorney, incorrect invoice number;
$ 4,529.79 to Law Offices of Mark Lewis, per department;
$ 240.00 to Bowen, Brent – Attorney, incorrect amount.

Move to approve amended bill report and auditor’s monthly financial report by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0411

ITEM 6 PURCHASING

6. B) Approval of pre-qualification of the most qualified firms RFQ #02-05-1669, County Road Reconstruction and Paving Rehabilitation Engineering Services, to include Bridgefarmer & Associates, Inc., Dannenbaum Engineering Corporation, Inc., Freese & Nichols, Inc., Halff Associates Inc., and Teague Nall & Perkins, Inc. , and any appropriate action. (Briefing 7-05-05)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0412

6. G) Approval of award of Health Department Security, RFP #04-05-1685, to Convergint Technologies, for $36,725.91, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0413

6. H) Approval of specifications and authority to advertise for the Wynnwood Haven Subdivision Street Rehabilitation Project, Bid #07-05-1707, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0414

ITEM 7 BUDGET

7. B) Approval of Budget Amendment Request #101200 for Psychiatric Services including the transfer of funds from Non-Departmental Unappropriated Court Ordered Contingency for 211th District Court in the amount of $15,000, and any appropriate action. (Briefing 7-05-05)

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0415

7. G) Approval of Budget Amendment Request #101280 for Computers and Computer Supplies for County-Wide Technology in the amount of $24,237, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0416

ITEM 8 HUMAN RESOURCES

8. B) Presentation from the Human Resources Department regarding the 2005 Salary Surveys.
NO ACTION

ITEM 10 PUBLIC WORKS

10. B) Approval of the Final Plat for Alliance Logistics Addition, Precinct #4, and any appropriate action. Planning

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0417

10. C) Approval of Alliance Geotechnical Group to perform geotechnical service on the Wynnwood Haven Project, Precinct #2, and any appropriate action. Engineering

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0418

10. D) Approval of Alliance Geotechnical Group to provide materials inspection and testing services for the Bonnie Brae Road Project, Precinct #4, and any appropriate action. Engineering

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0419

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 ACTION

13. 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 ACTION

13. C) Approve revisions to the amount of juror pay based on the passage of SB 1704, and any appropriate action. District Clerk (Briefing 7-05-05)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0420

13. G) Approval of reappointment of Dr. Jennifer Martin to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0421

ITEM 14 LEGAL

14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14. B) Approval of the Escrow Agreement in the amount of $71,625.84, by Valerian Properties Associates, L.P., a Delaware limited partnership, for the Island Village Phase 1 and Harbor Village Phase 1 collectively called Providence Subdivision Section 5, Precinct #1 and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0422

14. C) Approval of the Donation Deed between Denton County, Texas, and Bumb Ltd, a Texas Limited Partnership, and Bumb Management Company LLC, for the Reik Road at Hickory Creek Bridge Replacement Project, Precinct #4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0423

14. D) Approval of the Donation Deed between Denton County, Texas, and Nelwyn A. Penley, Alla Gene Finlay, L. Paden Neeley, Randy D. Robason, Brad A. Robason, and Larry J. Bridgefarmer, Trustee for the TN Skiles Road at South Hickory Creek Replacement Project, Precinct #4, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0424

ITEM 16 ADDENDA

16. B) Approve the Final Plat for Island Village, Phase 1, collectively called Providence Subdivision Section 5, Precinct #1, and any appropriate action. Planning

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0425

16. C) Approve the Final Plat for Harbor Village, Phase 1, Precinct #1, collectively called Providence Subdivision Section 5, and any appropriate action. Planning

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0426

16. G) Approval of the Credit Card Processing Agreement between Denton County, Texas and Secure Government Payment Solutions, Inc., and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0427

16. D) Approve the Final Plat of Hunnington Ridge Phase 1, Precinct #1, and any appropriate action. Planning
NO ACTION

16. F) Approval of the Escrow Agreement in the amount of $6,000.00, by S&T Custom Homes, Inc., a Texas Domestic Corporation, for the Hunnington Ridge Addition Subdivision Precinct #1 and any appropriate action. DA/Civil
NO ACTION

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 10:53AM
Reconvened in Formal Session 11:17am

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: 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.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS

16. H) Executive Session – Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); Notice of claim for alleged wrongful death of Bert Hughes Gibbs. DA/Civil

16. I) Executive Session – Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); Notice of claim for personal injuries to Reygan Baugh. DA/Civil

16. J) Executive Session – Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); Notice of claim for personal injuries to Zach, Dominque and Kassadra Boxell. DA/Civil

Move to refer Executive Items 16H, 16I, and 16J to Texas Association of Counties by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0428

ITEM 19 ADJOURNMENT 11:18AM

This set of minutes for July 12, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.