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 September 20, 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 20th 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 Dan Japhet, Denton County Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Wayne Trevathain.

Mr. Japhet: Let us pray. Father, we come before You today knowing that the power we have here is given to us by You and You alone. And we pray, Lord, that we act in accordance to Your will.

Lord, we also lift up the family of Bonita Turner who passed away last week. We ask that You be with her family and friends in their time of morning and grief, let us celebrate the life she had and the gifts she gave as a public servant.

Lord, I want to pray for our men and women all over the world in this country, who are serving our country, defending our country, Lord. I want to pray that You'll watch over them. I pray that You'll continue to bless us with all of the things that you've given us. Take care of the hurricane victims. And I pray, Lord, that you help us just to make better decisions. I pray all these things in Your Son's Name, Jesus Christ. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Approval of proclamation supporting National Preparedness Month, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0667
Discussion of item in Commissioners Court Transcript to minutes. (Page 2)

3. A) Approve any possible action on a disaster declaration for the prevention of and threat 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. Carter.
Motion Carried 5-0-0
Court Order 05-0668

ITEM 14 LEGAL

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

14. F) Approval of funding options for two (2) existing Criminal District Attorney grant awards where funding was declined or reduced for FY 2006 and any appropriate action.

Move to approve funds to come out of attrition, taking Option #1 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 05-0669

ITEM 4 PUBLIC HEARINGS

4. A) Approve raising the speed limit from 40 to 50 mph on Robson Ranch Road, beginning at the city limits of Argyle, to a point on Robson Ranch Road that is 1.42 miles west of IH 35W, Precinct #4. DA/Civil

Move to Open Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
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 5-0-0
Court Order 05-0670

ITEM 13 OTHER DEPARTMENTS

13. A) Approval of budget and approval of option A, B, C, or D and any appropriate action related to Precinct 4 Government Center floor plan design, and any appropriate action. Facilities (Briefing 9-13-05)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 05-0671

ITEM 2 CONSENT AGENDA

AUDITOR

5. B) Approve the Resolution Accepting the FY 2006 State Indigent Defense Formula Grant, and any appropriate action. (Briefing 9-13-05)

TREASURER

5. C) Approval of Payroll.

PURCHASING

6. B) Approval of award for PaperFlow Software License Renewal, RFP #06-05-1695, to Precision Products, Inc. as the State of Texas CISV Best Value, and any appropriate action. (Briefing 9-13-05)

6. C) Approval of award of bid for Lubricants and Oils, Bid #06-05-1700, Items 3, 4 and 6 to Jesse Taylor Oil Company and Items 5 and 7 to Buckley Oil, and approval of rejection of bids for Items 1 and 2, and any appropriate action. (Briefing 9-13-05)

6. D) Approval of award for Microfilming Supplies, Bid #06-05-1701, to Anacomp, Inc. for Sections 1 & 2 and Business Equipment Solutions for Sections 3 and 4, and any appropriate action. (Briefing 9-13-05)

6. E) Approval of renewal of Job Order Contracting, RFP #07-03-1574, to Jamail Construction, and Change Order #1, and any appropriate action. (Briefing 9-13-05)

6. F) Approval of exemption from bidding for Sole Source purchase for Internet Records Access services for the Tax Office from Net Data according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 9-13-05)

BUDGET

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

7. B) Approval of Budget Amendment Request #102070 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Non-Departmental in the amount of $22,013, and any appropriate action. (Briefing 9-13-05)

7. C) Approval of Budget Amendment Request #102080 for Copier Supplies including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Print/Mail Department in the amount of $8, 000, and any appropriate action. (Briefing 9-13-05)

7. D) Approval of Budget Amendment Request #102090 for Computer Software for County-Wide Technology in the amount of $6,000, and any appropriate action. (Briefing 9-13-05)

7. E) Approval of Budget Amendment Request #102140 for Awards Program and Medical Expense for Non-Departmental in the amount of $4,560, and any appropriate action. (Briefing 9-13-05)

7. F) Approval of Budget Amendment Request #102150 for Copier Rental and Office Supplies for Non-Departmental @$6,000 and Public Works/Planning @ $1,100 for a total amendment of $7,100, and any appropriate action. (Briefing 9-13-05)

7. G) Approval of Budget Amendment Request #102240 for Mobile Phone Expense for Facilities Management in the amount of $1,210, 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.) Maria Olga Huerta, Office Support Specialist II/Public Health (Clinical); James Putman, Driver/Equipment Operator/Road & Bridge, Pct. #4; Jeremy Hammonds, Detention Officer I/County Jail; Nathan Brewer, Detention Officer II/County Jail; Joseph Gardsbane, Bailiff/Sheriff.

HEALTH

9. A) Approval of a contract attachment to our DSHS (Department of State Health Services) contract for Office of Public Health Practice funding and any appropriate action. (Briefing 9-13-05)
9. B) Approval of renewed Department of State Health Services (DSHS) contract for Service Delivery Integration, which helps to fund our primary care services and any appropriate action. (Briefing 9-13-05)
9. C) Approval of contract with Department of State Health Services for Public Health Preparedness funding, (formerly referred to as Bioterrorism), and any appropriate action. (Briefing 9-13-05)

LEGAL

14. B) Approval of Supplemental Agreement #5 to the Contract between Denton County, Texas, and HNTB Corporation, for the FM 2499 Section 4 Project, in Precinct 1, the amount of $257,213.00, with funding for this supplemental agreement from the Better, Safer Roads Program, FM 2499 Section 4 (Auditor #7469), and any appropriate action. (Briefing 9-13-05)

14. C) Approval of the Agreement between Denton County, Texas and Richmond Communications Group, Inc. for Voice and Data Cabling, and any appropriate action. (Briefing 9-13-05)

14. D) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County, Texas and (1) the City of Hickory Creek (2) the Town of Little Elm (3) the Town of Lakewood Village; (4) Aubrey Independent School District (5) Clear Creek Watershed Authority; (6) Denton County Fresh Water Supply District, No. 1-C; (7) Denton County Fresh Water District No. 9; and (8) Denton County Fresh Water District, No. 10, and any appropriate action. (Briefing 9-13-05)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0672

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. C) Approve the resolution endorsing the Piloting the Flight: Taking Management Training to a Higher Altitude management training program, and any appropriate action. Human Resources

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0673

ITEM 13 OTHER DEPARTMENTS

13. B) Approval of process for selecting the most qualified firm for Architectural Services for design of the Precinct 1 Government Center, and any appropriate action. Purchasing (Formal 9-06 & 13-05)

Move to approve Option #2 and select PGAL as the most qualified firm by Comm. White, seconded by Comm. Carter.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 05-0674

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
$ 10,674.90 to Sanger Fire Dept, per department;
$ 411.14 to Texaco/Shell, should be separate checks;
$ 655.10 to Texaco/Shell, should be separate checks;
$ 29.45 to Lonestar Car Wash/Colony, duplicate payment.

Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0675

ITEM 6 PURCHASING

6. A) Approval of award of Records Management & Imaging System, RFP #04-05-1679, to Global 360 BGS, Inc., Option 2, and any appropriate action. (Formal 9-06 & 13-05)
NO ACTION

ITEM 13 OTHER DEPARTMENTS

13. C) Approval of the nomination of Tax Assessor-Collector Steve Mossman to serve on the Denton Central Appraisal District Board of Directors, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0676

ITEM 14 LEGAL

14. E) Approval of changes and/or renewal with Camp Copass, Inc. for provisions of shelter and food for Hurricane Katrina evacuees, and any appropriate action. (Formal 9-13-05)
NO ACTION

ITEM 16 ADDENDA

16. A) Approve the appointment of Dave Denison to the North Texas Tollway Authority (NTTA) effective immediately. Commissioner Precinct #2

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0677

16. B) Approval of specifications and authority to advertise for the Meadow Vista Reconstruction Project, Bid #$09-05-1725, and any appropriate action. Purchasing

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0678

16. C) Approval of the Lease Agreement between Denton County and P & F Properties for the lease of approximately 4,602 square feet of space at 3612 E. McKinney (Additional CPS space), and any appropriate action. DA/Civil
NO ACTION

16. D) Approval of Amendment to the Commercial Lease for temporary lease of warehouse space between Denton County, Texas and Raymond M. Hair, Jr. and wife Evelyn D. Dunn for the Fire Marshal, and any appropriate action. DA/Civil

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0679

16. E) Approval of a) the Project to lay a 2 inch asphalt beginning at the intersection of FM 407 and Corral City Road for a length of approximately 480 feet in length and 28 feet with a 2-course chip seal and b) the Interlocal Cooperation Agreement between the Town of Corral City and Denton County, Texas, for the improvements to lay a 2 inch asphalt at the beginning of the intersection of FM 407 and Corral City Road for a length of approximately 480 feet in length and 28 feet with a 2-course chip seal, (“Project”) located in Precinct 4, and any appropriate action. DA/Civil

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0680

16. F) Approval of Contract Agreement between Denton County, Texas and JRJ Paving, L.P. for Wynnwood Haven Road Rehabilitation, Precinct 2, and any appropriate action. DA/Civil

Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0681

ITEM 17 RECESS 11:06AM
ITEM 18 RECONVENE 11:09AM

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 11:10AM
Reconvened in Formal Session 12:12PM

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.

15. D) Consultation with Attorney: Contemplated/Anticipated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim against Payment and Performance Bond of Harrison Quality Construction.

15. E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A; Northport Commercial, Ltd. Plaintiff v. Texas Department of Transportation and Denton County, Texas, Defendants, Cause No: ED-2005-00250, pending in the Probate Court of Denton County, Texas.

15. F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); James M. Paton, Plaintiff v. Denton County/Denton County Information Services, Defendant, Cause No: 2:05-cv-00125-DF, pending in the Untied States District Court for the Eastern District of Texas, Marshall Division.

15. G) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(A); Discussion of changes and/or renewal with Camp Copass, Inc. for provisions of shelter and food for Hurricane Katrina evacuees.

16. G) EXECUTIVE SESSION: Consultation with Attorney: Potential Litigation, Texas Government Code, Section 551.071 (1)(A); Discussion of possible claim against performance bond of AKS and/or possible settlement of claim. DA/Civil
NO ACTION ON ANY EXECUTIVE ITEMS

ITEM 19 ADJOURNMENT 12:12PM

This set of minutes for September 20, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.