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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 30, 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 30th 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 Jim Heath followed by the Pledges of Allegiance to the American and Texas Flags led by Cubby Gardner, Health Department.
Mr. Heath: Bow your heads, please. Our Heavenly Father, thank You for this day. Thank You for this country that we live in. Be with all of the people who lead our country, from our President all of the way down to this Commissioners Court. Be with our servicemen throughout the world as they stand in harm's way. And, Father, give particular look today for all of the people on the Gulf Coast, because they need your help desperately. In Thy name we pray. Amen.
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) Approval of the renewal of the Agreement for Alternative Dispute Resolution Services between Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0592
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Presentation of State Bar of Texas Community Partnership Award, and any appropriate action. County Judge
NO ACTION3. 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, but allow agricultural burns at Lake Ray Roberts, Texas Parks & Wildlife by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-05933. C) Approval of resolution proclaiming October as “Walk for Success Month in Denton County”, and any appropriate action. Commissioner, Precinct #3
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0594
ITEM 2 CONSENT AGENDA
(Item 8A-8 pulled for no action.)
PURCHASING
6. A) Approval of award of Bid #05-05-1692, to PAC System for Annual Fire Alarm Testing; to DSS Fire, Inc. for Annual Automatic Fire Sprinkler Testing; and to Special Fire Systems for Annual Fire Extinguisher Inspection, Testing and Vent-a Hood inspection, and any appropriate action. (Briefing 8-23-05)
6. B) Discussion of specifications and authority to advertise for Detention Supplies, Bid #06-05-1703, and any appropriate action. (Briefing 8-23-05)
6. C) Approval of renewal of bid for Vehicle Parts, Bid #07-03-1573, to Napa Auto Parts for Sections 1,3, 4, 5, 6, and 7 and O’Reilly Auto Parts for Section 2, and any appropriate action. (Briefing 8-23-05)
6. D) Approval of award for Annual Voice and Data Cabling, RFP #04-05-1680, to Richmond Communications Group, Inc., and any appropriate action. (Briefing 8-23-05)
6. E) Approval of award for Vending Services, RFP #04-05-1681, to Mcliff Vending and Coffee Service, and any appropriate action. (Briefing 8-23-05)
6. F) Approval of rejection of proposal for Mobile Microwave Antenna System, RFP #06-05-1698, and any appropriate action. (Briefing 8-23-05)
BUDGET
7. F) Approval of Budget Amendment Request #101950 for Contract Services including the transfer of funds from Juvenile Justice Alternative Education Program-Unappropriated Contingency for Juvenile Justice Alternative Education Program in the amount of $12,850, and any appropriate action. (Briefing 8-23-05)
7. G) Approval of Budget Amendment Request #101910 for various line items for Road & Bridge, Precinct #4 in the amount of $7,040, and any appropriate action.
7. H) Approval of Budget Amendment Request #101980 for various line items for Elections Administration in the amount of $32,200, and any appropriate action.
7. I) Approval of Budget Amendment Request #102000 for Surveys Titles and Testing for Public Works Admin/Engineering in the amount of $18,923, 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.) Betsy Haggard, Health Technician/Bioterrorism Grant; Marta Anne Cole, Legal Intern/DA Civil Domestic Violence Grant; Kevin Ray, Juvenile Corrections Officer/Juvenile Post Adjudication; Jerry Burch, Juvenile Detention Officer/Juvenile Detention; Suzanne Mott, Deputy Clerk/District Clerk; Terry Marriott, Driver/Equipment Operator/Road & Bridge, Pct. #4; Larry Murphree, Bailiff/Sheriff; Richard Hill, Detention Officer I/County Jail; Pamela Smith, Administrative Specialist I/Constable, Pct. 5.
OTHER DEPARTMENTS
13. B) Approval of a resolution nominating Commissioner Jim Carter to represent the Commissioners Court of Denton County while serving as an officer in the Texas Conference of Urban Counties, and any appropriate action. County Judge (Briefing 8-23-05)
ADDENDA
16. A) Approval of Budget Amendment Request #102010 for Contract Labor-Bridge for Public Works Admin/Engineering in the amount of $44,500, and any appropriate action. Budget
Move to approve Consent Agenda with the exception of Item 8A-8 by Comm.
Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0595
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 $ 12.51 to United Parcel Service, incorrect pay date;
$ 299.00 to Global Knowledge, per department;
$ 525.00 to Burkett, Cynthia – Atty, incorrect amount;
$ 1,729.17 to Jones, Debra – Atty, incorrect amount;
$ 193.74 to Charnstrom, waiting on invoice;
ADDITIONS—
GENERAL
JP#3 $ 5,000.00 to The Software Group, conviction reporting software;
$ 3,000.00 to The Software Group, offense code mapping;
2005 Road Bonds $ 114,984.00 to Calvert Paving, Copper Canyon Road Construction.
Move to approve amended bill report by Comm. Carter, seconded by Comm. Jacobs
Motion Carried 5-0-0
Court Order 05-0596
ITEM 6 PURCHASING
6. G) Approval of award of bid for Naylor Road Culvert Project, Bid #07-05-1709, to Calvert Paving Corporation for $36,250, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0597
6. H) Approval of award of bid for Fish Trap Road Drainage Project, Bid #07-05-1716, to Calvert Paving Corporation for $49,650, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0598
Discussion of item in Commissioners Court Transcript to minutes. (Page 27)
6. I) Approval of specifications and authority to advertise for Access Control, 1505 E. McKinney, RFP #08-05-1720; and use of excess 2003 Tax Notes in the 1505 E. McKinney project budget, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0599
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0600
7. B) Approval of Budget Amendment Request #101860 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Workers Compensation Contingency for County Criminal Court #1 in the amount of $36,000, and any appropriate action. (Briefing 8-23-05)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0601
7. C) Approval of Emergency Budget Amendment Request #101870 for Indigent Medical Care including the transfer of $100,000 from Fund Balance for Indigent Health Care in the amount of $300,000, and any appropriate action. (Briefing 8-23-05)
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0602
7. D) Approval of Budget Amendment Request #101890 for Court Appointed Attorneys and Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Workers Compensation Contingency for 211th District Court in the amount of $153,180, and any appropriate action. (Briefing 8-23-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0603
7. E) Approval of Budget Amendment Request #101900 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Workers Compensation Contingency for County Criminal Court #2 in the amount of $25,000, and any appropriate action. (Briefing 8-23-05)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0604
7. J) Approval of Budget Amendment Request #102020 for Lawsuit Settlement including the transfer of funds from Non-Departmental Unappropriated Lawsuit Settlement Contingency for Non-Departmental in the amount of $2,755, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0605
ITEM 8 HUMAN RESOURCES
8. B) Approve the creation of a new Office Support Specialist II position in the WIC Department, and any appropriate action. (Briefing 8-23-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0606
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of assigning use of the “Old Law Library” building, located adjacent to the Joseph A. Carroll Building to Elections Administration, and any appropriate action. County Judge (Briefing 8-23-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0607
13. C) Approve appointment of Jerry Sylo to the Transportation Committee effective immediately, and any appropriate action. Commissioner, Precinct #2 (Briefing 8-23-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0608
13. D) Approval of the appointment of Mr. Shannon Burchett to the North Central Texas Workforce Development Board, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0609
13. E) Approve the Agreement between the City of Denton and Denton County, Texas Providing for Payment and Use of Hotel Tax Funds for the Denton County Historical Commission, $12,500, and any appropriate action. Denton County Historical Commission
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0610
ITEM 16 ADDENDA
16. B) Approval of Supplement Agreement Number 2 to the Lake Lewisville Corridor Project Feasibility Study Interlocal Cooperation Agreement between Denton County, Texas and the North Texas Tollway Authority in Precinct 1, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0611
16. C) Approval of Service Agreement Renewal Notice with Appriss, Inc., through the State of Texas, Office of the Attorney General for the Denton County VINE Service, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0612
16. D) Approval of payment of costs for official bond for temporary appointee to the office of Constable, Precinct Two, Denton County, Texas, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0613
ITEM 17 RECESS 9:53AM
ITEM 18 RECONVENE 10:09AM
ITEM 4 PUBLIC HEARINGS
4. A) 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. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
ITEM 17 RECESS 10:20AM
ITEM 18 RECONVENE 10:43AM
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 10:44am
Reconvened in Formal Session 11:24am
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
15. D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss David Duran v. Cassandra Duran, et al.; in the United States District Court for the Eastern District of Texas, Sherman Division; Case no. 4:05cv174.
Move to assign this case to the Civil Division, specifically Mr. Coleman by
Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0614
15. E) Consultation with Attorney: Anticipated Litigation, Texas Government Code, Section 551.071 (1)(A); Discussion of potential litigation concerning the salary of Justice of the Peace, Precinct 2, for Fiscal Year 2006.
15. G) Real Property: Texas Government Code, Section 551.072: Discussion and
deliberation concerning possible purchase of real estate for County building
usage.
NO ACTION ON EXECUTIVE ITEMS 15E & 15F
ITEM 19 ADJOURNMENT 11:25AM
This set of minutes for August 30, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
