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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 August 23, 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 23rd day of August, 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 Barbara Looper, Aide to the Court, followed by the Pledges of Allegiance to the American and Texas Flags led by James Wheeler, Assistant County Service Officer.
Ms. Looper: Our Dear Heavenly Father, we pray that You will bless Commissioners Court and that Commissioner Court will use their wisdom in all of their decisions they make here today. Dear Heavenly Father, we pray that You will bless all of the soldiers throughout this world, that You will just comfort them and keep them wrapped in Your arms until they are delivered safely to their homes. Now, go with us through this session. In Your name, we pray. Amen.
ITEM 2 CONSENT AGENDA
(Item 8A-1 was pulled for no action.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of specifications and authority to advertise for CMAP (Cold Mix Asphaltic Pavement), Bid #07-05-1712, and any appropriate action. (Briefing 8-16-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #101680 for Office Machines for Tax Assessor/Collector in the amount of $5,706, and any appropriate action. (Briefing 8-16-05)
7. C) Approval of Budget Amendment Request #101690 for Court Reporting including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Commissioners Court in the amount of $3,000, and any appropriate action. (Briefing 8-16-05)
7. D) Approval of Budget Amendment Request #101730 for Copier and Copier Maintenance including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Print/Mail Department in the amount of $25,261, and any appropriate action. (Briefing 8-16-05)
7. E) Approval of Budget Amendment Request #101750 for various line items for various Department of Information Service’s Budget’s in the amount of $23,798, and any appropriate action. (Briefing 8-16-05)
7. F) Approval of Budget Amendment Request #101790 for Radios/Radars for Constable, Precinct #3 in the amount of $3,353, and any appropriate action. (Briefing 8-16-05)
7. G) Approval of Budget Amendment Request #101850 for Training/Education for County Clerk in the amount of $1,600, and any appropriate action.
7. H) Approval of Budget Amendment Request #101880 for Supplies for Archival Preservation for CHOS/Bayless-Selby Museum 2005 in the amount of $1,994, 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.) Michael Dickens, Juvenile Prosecutor I/Criminal District Attorney; Greg Davis, Juvenile Prosecutor II/Criminal District Attorney; George Mitcham, Misdemeanor Prosecutor II/Criminal District Attorney; Jeffery Hensley, Sergeant-Detention/County Jail; Jason Williams, Correction Facility Technician I/Law Enforcement Facility.
HEALTH
9. A) Approval of proposal to the Texas Department of State Health Services (DSHS) for Public Health Preparedness and any appropriate action. (Briefing 8-16-05)
9. B) Approval of proposal for renewed funding from the Texas Department of State Health Services for HIV Prevention Services in Denton County and any appropriate action. (Briefing 8-16-05)
OTHER DEPARTMENTS
13. E) FOR RECORDING PURPOSES ONLY: Acceptance of the notifications by Constable Larry Floyd, Jerry Raburn, John Hatzenbuhler, Ken Jannereth, and Jim Davis of their compliance with Chapter 86.0021 (b) of the Local Government Code, and any appropriate action. County Judge (Briefing 8-16-05)
LEGAL
14. B) Approval of (a) the Interagency Agreement between Dallas County, Texas
and Denton County, Texas, and (b) the Resolution supporting the North Texas Auto
Theft Task Force, and any appropriate action. (Briefing 8-16-05)
14. C) Approval of Resolution in Support of the Proposed Town of Flower Mound
Tax Increment Reinvestment Zone, and any appropriate action. (Briefing 8-16-05)
Move to approve Consent Agenda with the exception of Item 8A-1 by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (White abstain)
Court Order 05-0566
ITEM 4 PUBLIC HEARINGS
4. A) Approve the Replat of Lot 2, Block 1, Plainview Farms Addition, Precinct #4, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0 (Mitchell absent during vote)
Court Order 05-0567
4. B) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2) Abstract 497, Tract 6a (1), as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0568
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 approve the continuation of the burn ban by Comm. Carter, seconded by
Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0569
ITEM 5 AUDITOR
5. A-1) 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 $ 400.00 to Reynolds, Philip – Attorney, per DA’s Office;
INVOICES ON BILL REPORT – OUTSIDE OF COUNTY POLIC
GENERAL $ 19.50 to Bullock, Jana, exceeds time limit for mileage reimb;
$ 177.75 to Sherwood, Gina, exceeds time limit for mileage reimb;
ADDITIONS—
GENERAL
CCL#1 $ 92.00 to Renaissance Hotel/Austin, lodging – D. Whitten;
General $ 100.00 to Justice of the Peace, Pct. 3, increase change fund to $300;
DA CPS $ 100.00 to Oklahoma Co. Sheriff’s Dept., service fees. prop.
Move to approve amended bill report excluding the mileage that is outside of
policy by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0570
5. A-2) Approve the mileage that is outside of policy.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Horn & Mitchell nay)
Court Order 05-0571
ITEM 6 PURCHASING
6. B) Approval of award of bid for Furniture, 1505 E. McKinney, Bid #07-05-1710, to Corporate Source, Ltd. for $62,921.60, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0572
6. C) Approval of award for McKinney Street Backbone Cabling, Bid #07-05-1708, to Mastec North America, Inc., and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0573
ITEM 7 BUDGET
7. I) Approval of Budget Amendment Request #101960 to increase revenues and allocate expenditures for various line items for 2004 Urban Area Securities Initiative Grant in the amount of $1,098,493, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0574
7. J) Approval of Budget Amendment Request #101970 to increase revenues and allocate expenditures for various line items and the Creation of new line items for Grant purposes for FY 2004-2005 for State Homeland Security Grant in the amount of $450,800, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0575
ITEM 4 PUBLIC HEARINGS
4. C) Approval of the County Clerk’s Records Archive fund, fee and plan, and any appropriate action. County Clerk (Briefing 8-16-05)
Move to Open Public Hearing by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0576
4. D) Approval of the County Clerk’s Records Management fund, fee and plan, and any appropriate action. County Clerk (Briefing 8-16-05)
Move to Open Public Hearing by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0577
ITEM 13 OTHER DEPARTMENTS
13. D) Approve adding the Denton Parks Foundation to the list of organizations to which jurors may donate their pay, and any appropriate action. District Clerk (Briefing 8-16-05)
Move to approve by Comm. Carter.
Motion Failed due to lack of second.
13. C) Approve setting the filing fee amount for the Family Protection Fee,
and any appropriate action. District Clerk. (Briefing 8-16-05)
NO ACTION
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. F) Approve the Agreement between the City of Denton and Denton County, Texas Providing for Payment and Use of Hotel Tax Funds for the Courthouse-on-the-Square Museum, the Bayless-Selby House Museum, and the Denton County African American Museum, $95,000, and any appropriate action. CHOS Museum
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0578
13. G-1) Approve The Order: To Call Local Option Election – Justice of the
Peace Precinct #2 for “the Legal Sale of Beer and Wine” on November 8, 2005 at
Denton County Elections Office, 401 West Hickory, Denton, Texas, Denton County.
To designate the Elections Office 401 West Hickory, Denton Texas as the main
early voting site, that early voting will begin October 24, 2005, that early
voting will be conducted from October 24, 2005 thru November 4, 2005. To
designate all Denton County Early voting locations as a branch locations with
voting hours the same as the Constitutional Amendment election. The address of
the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202.
De agosto el 23 de 2005
Año Del Día Del Mes
Número Del Orden judicial:
La Orden:Para llamar la elección local de la opción - justicia del Recinto #2 de
la paz para "la venta legal de la cerveza y del vino" de noviembre el 8 de 2005
en la oficina de las elecciones del condado de Denton, 401 nuez dura del oeste,
Denton, Tejas, condado de Denton.Para señalar Nuez dura del oeste de la oficina
401 de las elecciones, Denton Tejas como la cañería que vota temprano el sitio,
eso que vota temprano comenzará de octubre el 24 de 2005, que la votación
temprana será conducido del de octubre 24, 2005 al de noviembre 4 de 2005.Para
señalar todo el condado de Denton que vota temprano localizaciones como
localizaciones de un rama con horas de votación iguales que la elección de la
enmienda constitucional. La dirección del vendedor de votación temprano es Don
Alexander, P.O. Encajone 1720, Denton, de TX 76202. Elections Department
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0579
13. G-2) Approve advertising the Local Option Election – Justice of the Peace Precinct #2 for “the Legal Sale of Beer and Wine” on November 8, 2005 in the local newspapers in Little Elm, Frisco, The Colony, and Carrollton. State “This is an election for the legal sale of beer and wine” at the top of the election advertisement.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0580
ITEM 4 PUBLIC HEARINGS
4. E) Public Hearing on the proposed County tax rate of $0.24648 per $100 valuation which would increase total tax revenues form properties on the tax roll by .15% for tax year 2005 and schedule the meeting to adopt the tax rate for Tuesday, September 6, 2005 at 10:15 am at the Courthouse-on-the-Square in the Commissioners Courtroom at 110 W. Hickory, 2nd floor in Denton, Texas, and any appropriate action. Budget
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
John Johnson spoke against raising the tax rate above the effective rate.
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
ITEM 13 OTHER DEPARTMENTS
13. H) Approve The Order: To Call the Constitutional Amendment Election for
Denton County Texas on November 8, 2005. To designate the Elections Office, 401
West Hickory, Denton, TX 76201 as the main early voting site, that early voting
will begin October 24, 2005, that early voting will be conducted from October
24, 2005 thru November 4, 2005. Dates and hours of specific locations are as per
attached memo . The address of the early voting clerk is Don Alexander, P.O. Box
1720, Denton, TX 76202.
De agosto el 23 de 2005
Año Del Día Del Mes
Número Del Orden judicial:
La Orden: Para llamar la elección de la enmienda constitucional para el condado
Tejas de Denton de noviembre el 8 de 2005.Para señalar las elecciones Oficina,
401 nuez dura del oeste, Denton, TX 76201 como la cañería que vota temprano el
sitio, de que la votación temprana comenzará October24, 2005, que la votación
temprana será conducida del de octubre 24, 2005 al de noviembre 4 de 2005.Fechas
y horas del específico las localizaciones están según nota unida.La dirección
del vendedor de votación temprano es pone a Alexander, P.O. Caja 1720, Denton,
TX 76202. Elections Department
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0581
13. I) Approval of the reappointment of Jerry Goodale and Johnny William Wheat as Directors of DCDD#4 for the term commencing September 1, 2005 through August 31, 2008, and the appointment of Keith Owens as Director of DCDD#4 for the term commencing September 1, 2005 through August 31, 2008, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0582
13. J) Approval of the reappointment of Jack Miller to the North Texas Tollway Authority Board of Directors, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0583
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. D) Approval of Amendment #2 to the Local Project Advanced Funding Agreements (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the State Highway 121 Bypass Project, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0584
14. E) Approval of Service Agreement Renewal with Appriss, Inc., through the
State of Texas, Office of the Attorney General of the Denton County VINE
Service, and any appropriate action.
NO ACTION
14. F) Approval of the release of the remaining Escrow Funds in the amount of $5,000.00, as stimpulated in the Escrow Agreement between Denton County, Texas, and Elaine Torres for the Braewood Bay Subdivision, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0585
ITEM 16 ADDENDA
16. A) Approval of the Interlocal Cooperation Agreement between City of Aubrey and Denton County, Texas, for a 2 course chip-seal on various streets located in the City of Aubrey and any appropriate action. Legal
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0586
16. B) Approval of the Escrow Agreement in the amount of $5,233.20, by Northlake Partners, L.P., a Texas Limited Partnership, for the North Ridge Estates and any appropriate action (Precinct #4). Legal
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0587
16. C) Approval of the US Warranty Parts Direct (WPD) Re0Enrollment Application between Dell Marketing, L.P. and Denton County, Texas and any appropriate action. Legal
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0588
16. D) Approval of the Donation Deed between Denton County, Texas and Greg and Debbie Brinkley for the Tim Donald Road BRINSAP Project, and any appropriate action. Legal
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0589
ITEM 17 RECESS 11:08AM
ITEM 18 RECONVENE 11:13AM
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 11:15AM
Reconvened in Formal Session 12:01PM
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 THE ABOVE EXECUTIVE ITEMS
15. D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss Gerald DeMarsh Sr. v. Bruce Isaacks, et al.; in the United States District Court for the Northern District of Texas Dallas Division; Case n. 3-05CV1562-L.
Move to assign this case to the Civil Division of the DA’s Office by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0590
15. E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential settlement agreement and any appropriate action in 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.
Move to settle the lawsuit for $2,500 and $255 in court costs and authorize
the County Judge to execute the release and settlement agreement by Judge Horn,
seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0591
15. F) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss Bert Gibbs v. Sheriff Weldon Lucas; in the 16th Judicial District Court of Denton County, Texas; Cause #2004-10149-16.
16. E) EXECUTIVE SESSION: Section 551.071 (1) (A), Government Code: Consultation with Attorney to discuss contemplated and threatened litigation concerning the salary of Justice of the Peace, Precinct 2, for the Fiscal Year 2006.
16. F) EXECUTIVE SESSION: Consultation with Attorney: Potential Litigation
pursuant to Section 551.071 (1)(A). Government Code; Discuss potential claim
regarding fixtures, plumbing, and security at Pretrial Center.
NO ACTION ON EXECUTIVE ITEMS 15F, 16E, AND 16F.
ITEM 19 ADJOURNMENT 12:03PM
This set of minutes for August 23, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
