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 December 7, 2004.

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 6th day of September, 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 Hank Scheible, Director of Veterans Service, followed by the Pledges of Allegiance to the American and Texas Flags led by Amy Phillips, Director of Human Resources.

Mr. Scheible: Most gracious Heavenly Father, we come before You this morning just praising Your name because you are the givers of all good things. It's good to know that You're in control of things, Lord, and in times like the hurricane, Lord, we know, that You are absolute and sovereign. Father, we ask now that You would help us to reach out to those hurricane survivors who have come to Denton County. Help us to find a way to minister to them, that they might know you in a rich and full way.

Father, we lift up this Court this morning and our leaders of our country, for You said that we should pray for our leaders, and Lord, we do lift up this Court that the decisions that they make would bring glory and honor to Your name. In Christ's name we pray. Amen.

ITEM 1 PUBLIC INPUT

Lynn Yeargain spoke on the even the Denton County Historical Commission held to honor the World War II Veterans.

ITEM 16 ADDENDA

16. H) Approval of any action related to Hurricane Katrina. County Judge

16. H-1) Move to approve the continuation of the disaster declaration for 7 days by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0615

16. H-2) Move to approve the authorization of overtime for all departments that are involved in helping with Hurricane Katrina (Sheriff’s Office, Emergency Management, Health Department, Facilities, and Information Services) by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0616

16. H-3) Move to approve the authorization of the County to provide public assistance by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0617

16. H-2b) Move to approve the addition of the Constable offices to the list of departments involved in helping with Hurricane Katrina by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-618

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 Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0619

ITEM 1 PUBLIC INPUT

Judge Horn read a public comment form from Cynthia Mitchell regarding a Teddy Bear/Stuffed Animal drive at Hawk Elementary in Corinth for the child victims or Hurricane Katrina.

ITEM 4 PUBLIC HEARINGS

4. A) Public Hearing on the Denton County Budget for FY 2005-2006. Budget

Move to Open Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0

John Lewis spoke about property taxes.

Move to Close Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0

4. B) Approve the adoption of the 2005-2006 Denton County Budget of $138,688,387, and any appropriate action. Budget

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (White nay)
Court Order 05-0620

4. C) Approve that property taxes be increased by the adoption of a tax rate of $0.24648. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $0.31. Approval of the adoption of the tax rate on $100 on taxable value for Denton County for tax year 2005 includes $0.20481 for the purpose of maintenance and operation and $0.04167 for the payment of principal and interest of debt service, for a total County tax rate of $0.24648, and any appropriate action. Budget

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (White nay)
Court Order 05-0621

ITEM 6 PURCHASING

6. C) Approval of award of Records Management & Imaging System, RFP #04-05-1679, to Global 360 BGS, Inc., Option 2, and any appropriate action.

Commissioner Mitchell left during the discussion of Item 6C.

Move to Defer the decision for one week by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0622

ITEM 2 CONSENT AGENDA

(Items 7C & 14B pulled for further consideration and/or separate vote.)

TREASURER

5. B) Approval of Payroll.

PURCHASING

6. A) Approval of award of bid for Tires (Passenger and Light Trucks), Bid #07-05-1711, to Gray’s Wholesale Tire, and any appropriate action. (Briefing 8-30-05)

BUDGET

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

7. D) Approval of Budget Amendment Request #101940 for Office Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for CHOS Museum in the amount of $822, and any appropriate action. (Briefing 8-30-05)

7. E) Approval of Budget Amendment Request #101990 for Training & Education for Human Resources in the amount of $500, and any appropriate action. (Briefing 8-30-05)

7. F) Approval of Budget Amendment Request #102040 for various line items for Road and Bridge, Precinct #1 in the amount of $24,250, and any appropriate action.

7. G) Approval of Budget Amendment Request #102050 for County Barn Improvements for Road and Bridge, Precinct #4 in the amount of $18,149, 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.) Juli Diaz, Deputy Clerk – Courts/County Clerk; Greg Bachman, Juvenile Detention Officer/Juvenile Detention; LaQuita Cobb, Juvenile Detention Officer/Juvenile Detention.

OTHER DEPARTMENTS

13. B) Approval of the Building Usage Request from the City of Denton for use of the Courthouse-on-the-Square Lawn for the purpose of the Ghost Stories City Event from 7:30 pm to 9:45 pm, October 31, 2005, and any appropriate action. Aide-to-the-Court (Briefing 8-30-05)

13. C) Approval of the Building Usage Request from the North Texas Food Cooperative Organization for a meeting on Saturday, October 15th from 5:00 pm to 8:00 pm in the Commissioners Courtroom, and any appropriate action. Aide-to-the-Court (Briefing 8-30-05)

LEGAL

14. C) Approve the Interlocal Cooperation Contract with the Texas Department of Public Safety for Intoxilyzer Breath Testing Program and the Laboratory Alcohol and Drug Testing Program, and any appropriate action.

Move to approve the Consent Agenda with the exception of Items 7C & 14B by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0623

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 11:31AM
Reconvened in Formal Session 11:51AM

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; Texas Government Code, Section 551.071 (1)(A); Resort Realty Company, Plaintiff v. City of Lake Dallas and Denton County, Defendants, Cause No. ED-2001-00649, pending in the United States District Court for the Eastern District of Texas, Sherman Division.

16. E) Approval of the compromise settlement agreement with Resort Realty Company, Plaintiff v. City of Lake Dallas and Denton County, Defendants, Cause No. ED-2001-00649, pending in the United States District Court for the Eastern District of Texas, Sherman Division., authorization for the County Judge to sign the agreement on behalf of Denton County, and authorization for the issuance of $150,000.00 payable to the City of Lake Dallas Economic Development Corporation, and any appropriate action.-Legal

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0624

16. G) EXECUTION SESSION: Real Property: Texas Government Code, Section 551.072: Discussion and deliberation concerning possible purchase of real estate for County building usage.-Legal

16. F) Approval of real estate contract for purchase of certain real property in Denton, Texas in the approximate amount of $3.9 million, authorizing County Judge to sign real estate contract, and authorizing payments of $5,000.00 for deposit and $100.00 for option period as provided in the contract, and any appropriate action.-Legal

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0625

ITEM 7 BUDGET

7. B) Approval of Budget Amendment Request #101920 for Gasoline including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Constable, Precinct #2 in the amount of $3,000, and any appropriate action. (Briefing 8-30-05)

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0626

7. C) Approval of Budget Amendment Request #101930 for Office Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Justice of the Peace, Precinct #6 in the amount of $680, and any appropriate action. (Briefing 8-30-05)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0627

ITEM 6 PURCHASING

6. B) Approval of specifications and authority to advertise for the Trietsch Road Bridge Widening Project, Bid #08-05-1721, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0628

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 $ 200.00 to Vanzura, Ron – Attorney, incorrect amount;
IC $ 85.63 to Questcare Medical Services, per department;

ADDITIONS—
GENERAL
CCL#1 $ 10.00 to Death Certificate Fee, death certificate fee;
DA $ 10.00 to LECC, gang conference – J Simon;
$ 10.00 to LECC, gang conference – L Osborn;
PH $ 1,230.00 to Tx Comm on Environmental Quality, onsite fee – Public Health.

Move to approve amended bill report by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0629

ITEM 8 HUMAN RESOURCES

8. B) Approve insurance changes for Plan Year 2006 including a) plan changes, b) addition of two new retiree medical plans, c) vendor rates and d) medical and dental premiums, and any appropriate action. (Briefing 8-30-05)

Move to approve the plan changes and addition of two new retiree medical plans by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0630

HOLD THE REST OF ITEM 8B UNTIL NEXT WEEK

ITEM 10 PUBLIC WORKS

10. A) Approve the Final Plat for the Cedar Top Addition, Precinct #1, and any appropriate action. Planning

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0631

ITEM 12 SHERIFF

12. A) Accept the awarded Juvenile Impact Program Grant – CJD Award of $24,464 for the period 8/1/2005 – 7/31/2006 – Grant #JB-04-J20-13373-07, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0632

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of 2006 Sheriff & Constable fees as required under Local Government Code, §118.131, and any appropriate action. County Judge (Briefing 8-30-05)

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0633

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

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0634

13. E) Approve the appointment of Amanda Gross to the Indigent Health Care Appeal Authority, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0635

ITEM 14 LEGAL

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

14. D) Approval of the Standard Form of Agreement for Services between Mastec North America, Inc. and Denton County, Texas for McKinney Street Backbone Cabling, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0636

14. B) Approve Addendum #3 to Food Service Contract with Mid-America Services, Inc. for food services to the Denton County Jail and the Denton County Juvenile Detention Facility, and any appropriate action. (Briefing 8-30-05)

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0637

ITEM 16 ADDENDA

16. A) Approval of the Easement Dedication and Agreement between Denton County, Texas and Raymond M. Hair, Jr. and Evelyn D. Dunn, and any appropriate action.-Legal

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0638

16. B) Approval of the Easement Dedication and Agreement between Denton County, Texas and Arthur Rentals, LTD, and any appropriate action.-Legal

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0639

16. C) Approval of change orders for the construction of and purchase of the Mobile Command Vehicle for the Fire Marshal’s office, and any appropriate action-Legal

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0640

16. D) Approval of placement of Post Office mailbox on Teasley Property that will provide mail delivery service to this location and surrounding area and authorizing County Judge to execute agreement for same with the United States Postal Service, and any appropriate action-Legal

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0641

ITEM 17 RECESS 12:20PM
ITEM 18 RECONVENE 12:24PM

ITEM 19 ADJOURNMENT 12:24PM

This set of minutes for September 6, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.