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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 18, 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 18th 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 Dan Japhet, Probate Attorney, followed by the Pledges of Allegiance to the American and Texas Flags led by Olive Stephens, Mayor of Shady Shores.
Mr. Japhet: Will you pray? Father, we come before You today. We pray for wisdom in the decision making of this body. Lord, we pray for our soldiers and our servants that are serving overseas and here abroad, serving us, serving our country, and serving You and Your will, Lord. Lord, we come before You today and pray for rain, Lord. This part of the country is in desperate need of rain and we pray that You send it our way. Lord, above all, we praise Your name for letting us live in a country where we are free, where we have the ability to worship You, and we have the ability to make our own decisions in our lives, Lord. A lot of countries don't have that. Lord, we pray all these things in Your Son's name Jesus Christ. Amen.
ITEM 1 PUBLIC INPUT
Cynthia White spoke on an article in the November 2005 edition of Texas Highways about the bridges of Denton County.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the Replat of Georgia Village at Savannah, Precinct #1, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
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 05-0762
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 and allow the County Judge to
lift the burn ban if necessary rain is received by Comm. Carter, seconded by
Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0763
3. B) Approval of resolution supporting Retired and Senior Volunteer Program Day, October 27, 2005, and any appropriate action. County Judge
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0764
ITEM 4 PUBLIC HEARINGS
4. B) Approve the closure of Collins Road form 50 feet south of the Rail Road Crossing to north of the Railroad Crossing at the intersection of Collins and Mingo Road, and any appropriate action. DA/Civil
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Richard Rogstad spoke in favor of this item.
Darlene Collins spoke in favor of this item.
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 05-0765
4. C) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for 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 Denton County Public Works/Planning Department, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0766
4. D) Approve an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit, Lakeview Ranchettes, Lot 5, Block A, Precinct #1, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
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. Jacobs.
Motion Carried 5-0-0
Court Order 05-0767
ITEM 2 CONSENT AGENDA
TREASURER
5. C) Approval of Payroll.
PURCHASING
6. A) Approval of exemption from the bidding process for Sole Source purchase of Vaccines from Sanofi Pasteur in compliance with Section 262.024(a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 10-11-05)
6. B) Approval of selecting Alexander Utility Engineering, Inc. as the most
qualified firm for
Fiber Optic Network Engineering Services, authority to negotiate a contract, and
any appropriate action. (Briefing 10-11-05)
6. C) Approval of specifications and authority to advertise for Lebanon Road Improvements, Bid #09-05-1722, and any appropriate action. (Briefing 10-11-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100050 for Office Rental including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for CPS Facility and Fire Marshal Facility in the amount of $10,580, and any appropriate action. (Briefing 10-11-05)
7. D) Approval of Budget Amendment Request #100070 for Mediation Services including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Judiciary and Court Support in the amount of $9,000, and any appropriate action. (Briefing 10-11-05)
7. E) Approval of Budget Amendment Request #100110 for Cars/Small Trucks for Recycling Department in the amount of $568, 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.) Margaret H. Lewis, WIC Clinical Professional/WIC-Administration; Leticia Chonay, Administrative Manager/Bioterrorism Grant; Dale Ernest Morris, Jr., Adult Probation Officer/CSCD (Adult Probation); Stephen Sheffield, Health Services Specialist II/Jail Health Department; Gary Williams, Detention Officer I/County Jail; Matthew Simpson, Detention Officer I/County Jail; Salim Plumb, Detention Officer I/County Jail; Candice April Leavell, Detention Officer I/County Jail; Ashley Nelson, Detention Officer I/County Jail; Jonathan Cunningham, Detention Officer I/County Jail; Douglas Campbell, Detention Officer I/County Jail; Latosha Guthrie, Communications Officer/Communications; Gretchan Dye, Communications Officer/Communications; Erica Perusse, Communications Officer I/Communications.
Move to approve the Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0768
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 $ 260.00 to Jerry Parr – Attorney, incorrect vendor;
$ 50.00 to Lewis, Arlene – Interpretor, incorrect vendor;
$ 250.00 to National Training Center, incorrect vendor;
$ 1,125.00 to Hammerle Finley, incorrect amount;
$ 625.00 to Coorpender & Ramirez – Atty, incorrect amount;
IC $ 29,812.51 to Denton Community Hospital, per department;
ADDITIONS—
GENERAL
SO $ 250.00 to United States District Clerk, filing fee.
Move to approve amended bill report by Comm. Carter, seconded by Comm.
Mitchell.
Motion Carried 5-0-0
Court Order 05-0769
5. B) Approve the Order finding that (1) excess funds in the amount of $369,000 from interest earnings are available in the 2000 Road Bond Project Fund and the 1992 Road Bond Project Fund; (2) the excess funds are not needed to fund any of the projects originally listed in the bond documentation; and (3) that excess funds in the amount of $369,000 are to be allocated to the ITS transportation enhancement contract for fiscal year, and any appropriate action. (Briefing 10-11-05)
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 05-0770
ITEM 6 PURCHASING
6. D) Approval of award of bid for the Meadow Vista Reconstruction Project, Bid #09-05-1725, to Reynolds Asphalt for $227,950 from Precinct 1, TRIP-04 Discretionary Fund, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0771
ITEM 7 BUDGET
7. C) Approval of Budget Amendment Request #100060 for Dues and Subscriptions including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Commissioners Court in the amount of $5,000, and any appropriate action. (Briefing 10-11-05)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstain)
Court Order 05-0772
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of any appropriate action regarding potential change order #9 for the Storage facility at Teasley Lane for a total amendment of $18,377.00. Facilities
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0773
13. B) Approval of any appropriate action to utilize excess FY2003 Tax Note funds to purchase Protection One Intrusion System, Protection One Owned for the facility at 1505 E. McKinney. Facilities
Move to approve and change the amount to $2,241.00 by Comm. Carter, seconded
by Comm. White.
Motion Carried 5-0-0
Court Order 05-0774
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B) 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, 11-2005)
NO ACTION
14. C) Approval of the Agreement for EMS Medical Control and Denton County, Texas, and Questcare Medical Services, P.A., and any appropriate action. (Formal 10-11-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0775
14. D) Approval of the Interlocal Cooperation Agreement between Denton County, Texas and the City of Justin for implementation of Texas Local Government Code Section 242.001, relative to the City’s ETJ, located in Precinct 4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0776
ITEM 16 ADDENDA
16. A) Approval of the Road Closure and Detour Plan for the John Pane Road Bridge Project (BRINSAP), and any appropriate action. Engineering
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0777
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.
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 EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 9:36AM
This set of minutes for October 18, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell
