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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 October 11, 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 11th 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, Sandy Jacobs, 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 LeDena Ferrell, Chief Administrator, Commissioner, Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Danny Brumley, Facilities Manager.
Ms. Ferrell: Father God, we're so thankful today for Your presence and we just thank You for Your love. We ask today now that You will guide and direct our Commissioners Court as they make important decisions for our County. We pray for those that are suffering around the world, Lord, that You will comfort and that You will be with them. And we just thank You today for Your presence. In Jesus' name. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the change of the name of “County Line Road” to “N. Legacy Drive” on the eastern county line between Denton and Collin County, and any appropriate action. DA/Civil
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0739
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 continuation of the burn ban, but allow the County Judge to
remove the burn ban within the 7 day period if weather permits by Comm. Jacobs,
seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0740
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of any appropriate action of potential change orders 2, 3, 4, 5, 6, 7 and 8 for the Fire Marshal’s facility at 9060 Teasley Lane for a total addition of $28,235.73. Facilities
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0741
ITEM 4 PUBLIC HEARINGS
4. B) Approve the placement of a stop sign at the intersection of Osburn and Cole Road on the southbound side of Cole Road, and any appropriate action. DA/Civil
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0742
ITEM 2 CONSENT AGENDA
(Item 14B pulled for further consideration and/or separate vote.)
PURCHASING
6. A) Approval of selecting HNTB as the most qualified firm for Construction Management Services for Lake Lewisville Bridge, Section 1 & 3, authority to negotiate a contract, and any appropriate action. (Briefing 10-04-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100020 to increase revenues and allocate expenditures for Educational Supplies/Events for CHOS Museum in the amount of $700, and any appropriate action. (Briefing 10-04-05)
7. C) Approval of Budget Amendment Request #100030 to increase revenues and allocate expenditures for Bioterrorism Grant in the amount of $17,034, and any appropriate action. (Briefing 10-04-05)
7. D) Approval of Budget Amendment Request #100040 to increase revenues and allocate expenditures for Salary Assistants/various benefits for Bartonville Interlocal Contract in the amount of $42,828, and any appropriate action. (Briefing 10-04-05)
7. E) Approval of Budget Amendment Request #100010 for various Ambulance Service line items for Fire and Ambulance Services for $799,998, 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.) Maritha Howard Gan, Detention Officer I/Records Clerk/Records Management Department; Keith Wright, Print/Mail Specialist/Print/Mail Department; Jennifer McKeathen, Financial Support Specialist II/Purchasing Department; Dontrey Flemings, Detention Officer I/County Jail; Donal Ouellette, Mechanic/Welder/Road & Bridge, Pct. #1; Richard Vandever, Construction Manager/Public Works Admin/Engineering; Sue Wooldridge, Director of Victim Services/Criminal District Attorney.
HEALTH
9. A) Approval of Interlocal Agreement between the Denton County Health Department and Carrollton-Farmers Branch Independent School District for public health preparedness, and any appropriate action. (Briefing 10-04-05)
LEGAL
14. C) Approve Tobacco Grant Acceptance Agreement and Compliance Standards, and any appropriate action. (Briefing 11-04-05)
Move to approve the Consent Agenda with the exception of Item 14B by Comm.
Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-0743
ITEM 14 LEGAL
14. B) Approval of the Assignment of the Tax Abatement Agreement between Denton County, Texas, and CB Parkway Business Center XIV, Ltd., (Assignor”) to Accor International Sales Corporation (“Assignee”) located in Precinct 2, and any appropriate action. (Briefing 10-04-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 05-0744
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 $ 400.00 to N’Duka, Angie – Attorney, incorrect vendor;
ADDITIONS—
GENERAL
JP#1 $ 120.00 to Rosemarie Burton, Myrtle Beach meal advance
Jail $ 605.92 to Holiday Inn, lodging – Watkins/Baker – jail;
Jail $ 150.00 to Malissa Baker, Denver meal advance – jail;
JP#1 $ 120.00 to Angelica Tobias, Myrtle Beach meal advance;
Jail $ 150.00 to Connie Watkins, Denver meal advance – jail;
JP#1 $ 120.00 to Kenny Kirkland, Myrtle Beach meal advance;
Non Dept $ 18,146.67 to Circle R Ranch, picnic/awards;
Museum $ 200.00 to Julie Kortidis, PMB, presentation fee – museum.
Move to approve amended bill report and pull vendor 5402 from page 32 by
Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0745
ITEM 6 PURCHASING
6. B) Approval of specifications and authority to advertise for Mobile Microwave Antenna System, Bid #10-05-1730, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0746
6. C) Approval of specifications and authority to advertise for Microwave
Radio System, RFP #10-05-1731, appointment of Evaluation Committee to include
Beth Fleming; Jody Gonzales; Alan Williams; Mark Payne; Denton 911; and Hugh
Coleman as a non-voting member, and any appropriate action.
NO ACTION
6. D) Approval for the use of excess FY2003 Tax Notes to purchase interior and exterior signs and fund preparation and move of electronic equipment to 1505 E. McKinney Street Building at a budgetary cost of $11,100 and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0747
ITEM 10 PUBLIC WORKS
10. A) Approve the Final Plat of Lots 14 & 15, Block 4, Lake Ridge Estates, Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0748
10. B) Approve the Final Plat of Sea Pines Village at Savannah, Phase 5, Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0749
10. C) Approve the Final Plat of Horseshoe Nail Ranch, Phase 1, Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0750
10. D) Approve the Final Plat of Lantana Northern Amenity Addition, Precinct 4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0751
10. E) Approve Tuesday, November 15, 2005, 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of the Carlisle Addition -1R, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0752
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of assigning the use of the Tax Office Building, 300 East McKinney to the Elections Administration, and any appropriate action. Elections Department
Move to approve utilizing existing funds now with a budget amendment in the
near future and for the total not to exceed $9,100 by Comm. Jacobs, seconded by
Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0753
13. B) Approval of the appointment of Larry Lispscomb and Tye DeBerry as Denton County’s representative to the Flower Mound Tax Increment Reinvestment Zone No. 1 Board, commonly referred to as TIRZ, and any appropriate action. (Briefing 10-04-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0754
13. C) Approve the appointment of Deborah Dail to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0755
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. 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. (Formal 9-27; 10-04 -2005)
NO ACTION
ITEM 16 ADDENDA
16. A) Approve Tuesday, November 15, 2005 at 9:10 a.m. as the date and time to
conduct a PUBLIC HEARING to consider and approve a REPLAT of Lots 4R & 5R, Block
1, Vista Industrial Park, Precinct #4, and any appropriate action. Planning
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0756
16. B) Approval of the Grantee Acceptance Notice of the Criminal District Attorney’s 421-Juvenile Child Abuse Prosecution Grant (J-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. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0757
16. C) Approval of the Agreement to Transfer Real Estate between the City of Lake Dallas Economic Development Corporation (LDEDC) and Denton County, Texas, and authorization for the County Judge to execute any necessary documents for the closing on this property which is part of the Lake Lewisville Bridge Project, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0758
16. D) Approval of the Agreement for EMS Medical Control between Denton
County, Texas, and Questcare Medical Services, P.A., and any appropriate action.
DA/Civil
NO ACTION – HOLD FOR ONE WEEK
16. E) Approval of the Environmental Site Assessment Service Agreement for the 41.66 acre tract of land located in the Golden Triangle Industrial Park, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0759
16. F) Approval of the Renewal of the Agreement between Denton County Guardianship Services, Inc., and Denton County, Texas for the Guardianship Program, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0760
16. G) Approval of the Chapter 381 Tax Rebate Agreement between Denton County, Texas, and SCI Lewisville Hotel Ltd., duly acting through its General Partner, Hospitality, Ltd., for the Hilton Garden Inn Project located in Precinct 3, and any appropriate action. DA/Civil
Move to approve with amendments as stated by Tom Keever by Comm. Mitchell,
seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Horn nay)
Court Order 05-0761
ITEM 17 RECESS 10:12AM
ITEM 18 RECONVENE 10.:22AM
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 10:22AM
Reconvened in Formal Session 11:05AM
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: Pending Litigation, Texas Government Code,
Section 551.071 (1)(A); Cause No. 2005-60609-393, William E. Trantham v. Denton
County, Texas, et al.
NO ACTION ON ANY OF THE EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 11:06AM
This set of minutes for October 11, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
