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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 December 7, 2004.
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 27th 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 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 James Wells, County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by John Looper, Forensic Death Investigator, Medical Examiner’s Office.
Mr. Wells: Will you bow your heads, please? Most gracious Heavenly Father, we thank You for the weather you've given us. We thank you for the weather and the challenges. We know that You love us. When You give us troubles, give us trials we should be thankful for that.You will be the guidance. You will help us be stronger and formed in Your image by the nature of these trials, whether it’s a tornado, hurricane. We ask You bless this Commissioners Court. Bless everyone seated here. Be with Commissioners Court. Give them guidance. Help them make good decisions for the good of all constituents of the County. In Christ’s name. Amen.
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of specifications and authority to advertise for a Communication System Analyzer, Bid #09-05-1726, and any appropriate action. (Briefing 9-20-05)
6. B) Approval of selecting Halff Associates as the most qualified firm for PSE and preparation of ROW map for FM 2499 Section 5 from FM 2181 to IH 35E, authority to negotiate a contract, and any appropriate action. (Briefing 9-20-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #102220 for Training/Education for Commissioner, Precinct #4 in the amount of $1,641, and any appropriate action. (Briefing 9-20-05)
7. D) Approval of Budget Amendment Request #102230 for Salary, Assistants including the transfer of $31,676 from Non-Departmental Unappropriated Regular Contingency and $50,000 from Personnel Contingency to Various County Departments for a total amendment of $81,676, and any appropriate action. (Briefing 9-20-05)
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.) Kimberly Looper, Administrative Specialist I/DA Hot Check; Marta Perez, Office Support Specialist II/WIC – Administration.
COUNTY CLERK
11. A) Approval of the Denton County Clerk accepting credit cards as payment under the authority of the contract in place with Secure Government Payment Solutions, and any appropriate action. (Briefing 9-20-05)
OTHER DEPARTMENTS
13. B) Approval of the building usage request from Daughters of the American Revolution – Benjamin Lyon Chapter on Saturday, May 6, 2006, from 9:00 am to 12:00 pm for the purpose of National Defense regular meeting in Commissioners Courtroom, and any appropriate action .Aide-to-the-Court (Briefing 9-20-05)
13. C) Approval of 2006 Grant Proposal from the Denton County Historical Commission to the Denton Benefit League for two legal size fire resistance file cabinets for $2,500, and any appropriate action. Denton County Historical Commission (Briefing 9-20-05)
LEGAL
14. C) Approval of the Tarrant-Parker-Denton County Medical Examiner’s District Agreement for the 2005-2006 Fiscal Year, and any appropriate action. (Briefing 9-20-05)
14. D) Approval of the Project to make improvements to Country Club Road as US 377 and the Interlocal Cooperation Agreement between the Town of Argyle and Denton County, Texas, for the improvements to Country Club Road at US 377, in Precinct 4, and any appropriate action. (Briefing 9-20-05)
14. E) Approve the Amendment to the Interlocal Cooperation Agreement between Tarrant County, Denton County, City of Keller, City of Southlake, and Town of Westlake, for the right-of-way acquisition and improvement project for FM 1938 and FM 1709 to SH 114, and any appropriate action. (Briefing 9-20-05)
14. F) Approval and acceptance of the Official Bonds of the following
Ex-Officio Road Commissioners in accordance with the Texas Local Government Code
§88.001 and Transportation Code §252.004:
1) Cynthia White, Precinct 1
2) Sandy Jacobs, Precinct 2
3) Bobbie J. Mitchell, Precinct 3
4. Jim Carter, Precinct 4
Move to approve the Consent Agenda with the correction to change the amount of Denton County’s contribution in Item
14C for the Tarrant-Parker-Denton County Medical Examiner’s District
Agreement from $260,133.00 to $273,140.00 by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 05-0682
ITEM 6 PURCHASING
6. F) Approval of award for 450’ Communication Tower, RFP #06-05-1696, to Sabre Communication, for $358,753.00, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0683
ITEM 7 BUDGET
7. H) Approval of Budget Amendment Request #102280 for Operating Equipment including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for 2004 Urban Area Initiative Grant in the amount of $93,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0684
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
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 Comm. Carter, seconded by
Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0685
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 $ 9,226.25 to Durrance, Neil – Attorney, waiting on documentation;
ADDITIONS—
R&B - EAST $ 21.08 TO First Choice Power, svc – D1;
WIC $ 32.81 to SBC Long Distance, svc – WIC;
Move to approve amended bill report and pull Vendor 822 out of the 2003 Tax
Notes for the Food Lion Remodel and pull Vendor 690 on page 4 in the amount of
$6,884.44 by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0686
5. A-2) Approve Vendor 822 and that the check be made out to Harrison Quality Construction. Give the District Attorney, Civil Attorney and our Facilities Director the authority to make sure that our contractor is following through correctly and that everything is in place. The total of the check is $283,899.25.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0687
ITEM 6 PURCHASING
6. C) Approval of extension of Records Management & Imaging System, RFP #01-00-1278 with ACS, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 05-0688
6. D) Approval for the use of excess FY2003 Tax Notes for Moving Services in the amount of $8,370.00, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0689
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, October 18, 2005 at 9:20 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit, Lakeview Ranchettes, Lot 5, Block 4, Precinct 1, as recommended by The Lake Ray Roberts Planning and Zoning Commission and the Planning Department, and any appropriate action. Planning
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0690
10. B) Approve Tuesday, October 18, 2005 at 9:15 a.m. as date and time to conduct a PUBLIC HEARING to consider a Zoning Change from Agriculture (AG) to Recreational/Commercial (RC), Abstract 418, Tract 8, Precinct 1, as recommended by The Lake Ray Roberts Planning and Zoning Commission and the Public Works/Planning Department, and any appropriate action. Planning
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0691
10. C) Approve Tuesday, November 1, 2005 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of Heritage Lantana, Phase Two-R2, Precinct #4, and any appropriate action. Planning
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0692
ITEM 14 LEGAL
14. O) Approval of setting a date and time to conduct a Public Hearing to consider the closure of Collins Road from 50 feet South of the Rail Road Crossing to North of the Railroad Crossing at the Intersection of Collins and Mingo Road, said pubic hearing to be held on October 18, 2005, at 9:10 am in Commissioners Court, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0693
14. H) Approve Interlocal Cooperation Agreement between the City of Lewisville, The DENCO 911 District and the County of Denton for Sharing Costs of Constructing and Maintaining a Self-Supporting Communications Tower and Approve a change in use for allocations of 1999 tax note funds for this purpose, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0694
Discussion of item in Commissioners Court Transcript to minutes. (Page 39)
14. I) Approval of the Agreement to review the Agreement for Alternative Dispute Resolution Services between Denton County, Texas and Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0695
ITEM 6 PURCHASING
6. G) Approval of award for Preventive Maintenance Agreement for Records Management, RFP #06-05-1693, to DocuData Solutions for $25,110, as the State of Texas CISV Best Value, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0696
6. E) Approval of award of bid for Trietsch Road Bridge Widening Project, Bid #08-05-1721, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0697
6. H) Approval of award of Access Control-1505 E. McKinney, RFP #08-05-1720, to Henry Brothers Electronics, for $52,218.00, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0698
6. I) Approval of award for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #07-05-1715, to Accu-Chem Laboratories, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0699
ITEM 7 BUDGET
7. B) Approval of Budget Amendment Request #102210 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Workers Compensation Contingency for County Criminal Court #4 for a total of $55,000, and any appropriate action. (Briefing 9-20-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0700
7. E) Approval of Budget Amendment Request #102250 for various line items for Various Sheriff’s Budget’s for a total of $63,330, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0701
7. F) Approval of Budget Amendment Request #102260 for Gasoline and Prisoner Transport for County Jail in the amount of $1,613, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0702
7. G) Approval of Budget Amendment Request #102270 for Fire Calls including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Fire Ambulance Services in the amount of $40,000, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0703
7. I) Approval of Budget Amendment Request #102290 for Electrical/Water Service including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Law Enforcement Facility in the amount of $43,267, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0704
7. J) Approval of Emergency Budget Amendment Request #102300 for Transfer to DCEA Ins Fund for Transfer of Funds from General Fund in the amount of $750,000, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0705
ITEM 8 HUMAN RESOURCES
8. B) Approve retiree premiums for Medicare Advantage and Senior Supplement plans for Plan Year 2006, and any appropriate action. (Briefing 9-20-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0706
8. C) Approve sponsored dependent premiums for 2006, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0707
ITEM 13 OTHER DEPARTMENTS
13. A) Approve the adjustment of boundary lines for County Election Precinct 137 and creation of precinct 140, and any appropriate action. Para aprobar el ajuste de las líneas de límite para el recinto 137de la elección del condado y la creación del recinto 140. Elections (Briefing 9-20-05)
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0708
13. D) Approval of re-appointment of Richard Ching to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0709
13. E) Approval of the re-appointment of Ms. Ann French Clark to the Denton County Child Protective Services Board, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0710
13. F) Approval of any action related to Hurricane Rita. County Judge
NO ACTION
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) Approval of the Transportation Consultant Professional Service Contract between Denton County, Texas and Innovative Transportation Solutions, Inc. (ITS) for the 2005-2006 Fiscal Year, and any appropriate action. (Briefing 9-20-05)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0711
14. G) 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. (Formal 9-20-05)
Move to approve as a short term solution and within the next 2 months have an
agenda item that addresses the long term plan for CPS by Comm. Jacobs, seconded
by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0712
14. J) Approval of the Assignment of the Tax Abatement Agreement between Denton County, Texas, and Vantage Development #21, Inc., (“Assignor”) and 21st Century Insurance Company (“Assignee”) located in Precinct 3, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 05-0713
14. K) Approval of the selection of Tuesday as the date of the week for the Denton County Commissioners Court to meet in regular session for the fiscal year 2005-2006, pursuant to the Texas Local Government Code, Section 81.005(a), and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0714
14. L) Approval of the Assignment of the Tax Abatement Agreement between Denton County, Texas and Alliance Gateway No. 61, LTD., a Texas limited partnership (“Assignor”) and Alliance No. 1 Building Partners, L.P., a Texas limited liability company (Assignee”) and the Estoppel Letter related to same, located in Precinct 1, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Horn nay)
Court Order 05-0715
14. M) Approval of Change Order #1 to the Contract between Denton County, Texas, and JRJ Paving LP, for the Wynnwood Haven Road Rehabilitation Project, Bid No. 07-05-1707, in the amount of $28,751.70, for a total contract amount of $387,213.20, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0716
14. N) Approval of the Pipeline Crossing Agreement between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, for Mile Post 723.98 Choctaw Subdivision, Denton County, Texas, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0717
ITEM 16 ADDENDA
16. D) Consideration and action as appropriate regarding Performance Bond Claim involving Shady Shores road project and Sutton & Associates, L.P. and their performance bond claim. DA/Civil
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0718
16. E) Approval of a) the Project to lay a 2 Course Chipseal on Hillside Drive from Highridge Drive to N. Peninsula Drive for a length of approximately 1,730 feet; N. Peninsula Drive from Highridge Drive to Lakecrest Drive for a length of approximately 1,980 feet; and on Park Wood Court from Highridge Drive to Lakecrest Drive for a length of approximately 770 feet and b) the Interlocal Cooperation Agreement between the Town of Lakewood Village and Denton County, Texas, for the improvements to lay a 2 Course Chipseal on Hillside Drive from Highridge Drive to N. Peninsula Drive for a length of approximately 1,730 feet; N. Peninsula Drive from Highridge Drive to Lakecrest Drive for a length of approximately 1,980 feet; and on Park Wood Court from Highridge Drive to Lakecrest Drive for a length of approximately 770 feet, (“Project”) located in Precinct 1. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0719
ITEM 17 RECESS 10:27AM
ITEM 18 RECONVENE 10:29AM
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 10:30AM
Reconvened in Formal Session 11:46AM
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); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, pending in the Probate Court of Denton County, Texas.
14. P) Approval of the Compromise Settlement Agreement and Mutual Release of all Claims in the pending litigation between Denton County, Texas, v. Resort Realty, Cause # ED-2001-00649, pending in the Probate Court of Denton County, Texas, and Resort Realty v. City of Lake Dallas and Denton County, Cause #4:02-CV-00148, pending in the United States District Court of the Eastern District of Texas Sherman Division, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0720
16. A) EXECUTIVE SESSION – Consultation with Attorney: Texas Government Code, Section 551.071 (2); and Deliberations about Gifts and Donations; Texas Government Code, Section 551.073; Discussion regarding potential donation. DA/Civil
16. B) EXECUTIVE SESSION – Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Cause No. 2005-60609-393, William E. Trantham v. Denton County, Texas, et al. DA/Civil
16. C) EXECUTIVE SESSION - Consultation with Attorney: Texas Government Code,
Section 551.071 (1) (a) and (2); Sutton & Associates, L.P. and performance bond
claim. DA/Civil
NO ACTION ON EXECUTIVE ITEMS 16A, 16B, OR 16C
ITEM 19 ADJOURNMENT 11:48AM
This set of minutes for September 27, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
