 |
Denton County Commissioners Court |
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 October 4, 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 4th day of October, 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, Jim Carter and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.
Court opened with an Invocation by Tom Brewer followed by the Pledges of Allegiance to the American and Texas Flags led by Charlie Cole.
Mr. Brewer: Let us be in an attitude of prayer. Father God, we are so thankful for this day and the sunshine and the promise of cool weather. We've waited so long and we pray that this will break the drought that we've endured through the summertime. We have a special prayer for the hurricane victims that we've had the pleasure of serving here in our County and our City as they begin to reestablish their lives. We lift them up to you. Lord, we thank You for choosing Denton County as a place of refuge and comfort for those in need. We thank You for the outstanding service and care provided by our City and our County and the citizens therein.
We thank You for giving us a chance to serve You by serving others. Lord, we
ask a special blessing on this Court today as it conducts the business of the
good people of Denton County. In Christ's name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approve an order authorizing the issuance of “DENTON COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2005”; specifying the terms and features of said certificates of obligation; levying a continuing direct annual ad valorem tax for the payment of said certificates; and resolving other matters incident and related to the execution of a Paying Agent/ Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date, and any appropriate action.
Move to Open Public Hearing by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0 (Mitchell absent)
Move to Close Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-0 (Mitchell absent)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0721
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Approval of presentation and acceptance of the “Pinkneyville Stump”,
site of Denton County’s first County Seat from the City of Cleburne’s Layland
Museum, and any appropriate action. County Judge
NO ACTION
ITEM 1 PUBLIC INPUT
Mayor Olive Stephens advised the court that they have almost completed the Shady Shores Road Project.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. C) Approve the resolutions honoring the John A. Scott Award finalists and the Employee of the Year. Human Resources
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0722
ITEM 17 RECESS 9:51AM
ITEM 18 RECONVENE 9:57AM
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 by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0723
ITEM 2 CONSENT AGENDA
(Items 6D, 6E, and 7A pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of exemption from bidding process for a Sole Source purchase of radios from Motorola Communications and Electronics, Inc. in compliance with Section 262.024 (a)(7)(A) and (D) of the Local Government Code, and any appropriate action. (Briefing 9-27-05)
6. B) Approval of renewal of Independent Auditors, RFP #05-01-1428, to Pattillo, Brown and Hill, L.L.P. , and any appropriate action. (Briefing 9-27-05)
6. C) Approval of rejection of proposals for Microwave Radio System, RFP #06-05-1697, and any appropriate action. (Briefing 9-27-05)
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.) Jana Nolte, Health Services Specialist II/Jail Health Department; Tammy Puckett, Health Services Specialist II/Jail Health Department; John Dupree, Deputy Constable/Constable Pct #1; Erin McCorkle, Assistant Records Manager/Records Preservation Department; Carrie Solberg, Registered Nurse/Public Health-Clinical; Robert Brazell, Detention Officer I/County Jail; Daryl Denbow, Detention Officer I/County Jail; Sabrina Fritz, Detention Officer I/County Jail; Karen Naylor, Detention Officer I/County Jail; Jacob Willis, Detention Officer I/County Jail; Jason Ragsdale, Detention Officer I/County Jail; Amanda Allen, Deputy/Impact Program Officer/Juvenile Accountability Grant; Thomas Isbell, Detention Officer I/County Jail; Alton Davis, Bailiff/Sheriff; Teresa Farnam, Senior Administrator/County Clerk.
LEGAL
14. E) Approval of Lease Purchase Schedule No. 11109030 with attachments, and exhibits between Denton County and Dell Financial Services, L.P., and any appropriate action. (Briefing 9-27-05)
Move to approve Consent Agenda with the exception of Items 6D, 6E, and 7A by
Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0724
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
ITEM 6 PURCHASING
6. D) Approval of award of bid for CMAP (Cold Mix Asphaltic Pavement), Bid #07-05-1712, to Unique Paving Materials, and any appropriate action. (Briefing 9-27-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0725
6. E) Approval of award of bid for Emulsified Asphalt, Bid #07-05-1713, to Sem Materials, and any appropriate action. (Briefing 9-27-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0726
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 $ 430.00 to Orsburn, D Keith – Attorney, waiting on documentation;
$ 450.00 to Shelton, Margaret – Atty, incorrect vendor;
$ 309.27 to Quinlan Publishing, incorrect fiscal year;
ADDITIONS—
GENERAL
Urban Area Sec $ 10,043.00 to Motorola, console upgrade;
Non Dept $ 650.00 to Target Stores/Denton, service awards;
CPS $ 10,520.00 to P&F Properties, October Rent – CPS & security deposit;
Non Dept $ 1,325.35 to San Bay Studio, T-shirts/service awards;
PH - Clinical $ 15,313.44 to Sanofi Pasteur, flu vaccine;
2000 Road Bond $ 150,000.00 to Lake Dallas Economic Development, ROW Lawsuit
Settlement Lake Lewisville Bridge Project.
Move to approve amended bill report and auditor’s monthly financial report
for August 2005 by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0727
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, November 6, 2005 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of Greenview Village at Savannah, Precinct #1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0728
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of adding an additional mobile phone to the Constable, Precinct 2 department, and any appropriate action. Constable, Precinct 2
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0729
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) Approval of Grantee Acceptance Notice for the Criminal District Attorney’s Prosecution Enhancement Grant (VAWA-FVP-Enhancement) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. (Briefing 9-27-05)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0730
14. C) Approval of the Grantee Acceptance Notice for the Criminal District Attorney’s 421-Civil-Child Abuse Prosecution Grant (C-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 9-27-05)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0731
14. D) Approval of the Grantee Acceptance Notice for the Criminal District Attorney’s Family Violence Expansion Grant (VAWA-FVEG) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. (Briefing 9-27-05)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0732
14. F) Consideration and action as appropriate regarding Performance Bond
Claim involving Shady Shores road project and Sutton & Associates, L.P. and
their performance bond claim. (Formal 9-27-05)
NO ACTION
14. G) Approval of the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation for the Fishtrap Road Drainage Project, Bid #07-05-1716, in the amount of $62,455.00, to be paid from Line Item 20-5210-8520 Contract Labor (Precinct One), and any appropriate action.
Move to approve with amendment changing the line item number ending to 8510
and changing the amount of the bid to $49,650 by Comm. White, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 05-0733
14. H) Approval of the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation for the Naylor Road Culvert Project, Bid #07-05-1709, in the amount of $36,250.00, to be paid from Line Item 20-5250-8510 Contract Road Work (Precinct One), and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0734
16. A) Approval of the Standard Form of Agreement for Services between Denton County, Texas and Sabre Communications Corporation, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0735
16. B) Approval of the Standard Form of Agreement for Services between Denton County, Texas and Henry Brothers Electronics, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0736
16. C) Approval of (1) the Agreement for Services Acquired from an IBM Business Partner and (2) the Statement of Work for Services, ServiceSuite Agreement, between International Business Machines Corporations (IBM) and Denton County, Texas, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0737
ITEM 17 RECESS 10:23AM
ITEM 18 RECONVENE 10:24AM
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 10:26AM
Reconvened in Formal Session 11:00AM
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: Texas Government Code, Section 551.071 (1) (a) and (2); Sutton & Associates, L.P. and performance bond claim.
15. E) 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.
15. F) Consultation with Attorney: Pending Litigation pursuant to Section
551.071 (1)(A) Government Code; EEOC Claims of Diana “Elyse” Curtsinger; Robert
Garsee; Johnny P. Guest; Douglas Hammons; Gregory Leveling; Kevin R. Patton;
Robert “Bob” Powell; William Rogers; and Paul Scott.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
15. G) Consultation with Attorney: Pending Litigation pursuant to Section 551.071 (1)(A) Government Code; Discuss Paul Jaworski v. Denton County, Texas; in the 158th Judicial District Court, Denton, Texas; Cause No. 2005-20311-158.
Move to approve assigning to the Civil Division of the District Attorney’s
Office and authorize them to remove this case to the United States District
Court in the Eastern District of Texas in Sherman by Judge Horn, seconded by
Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0738
ITEM 19 ADJOURNMENT 11:01AM
This set of minutes for October 4, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
