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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 25, 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 25th 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, and Jim Carter were present, along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk, Erin McCorkle.
Court opened with an Invocation by Dr. Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.
Dr. Burton: Would you pray with me, please? God, is our refuse in strength, our very present help in time of trouble. And we will not fear though the earth tremble and the waters roar and foam and the mountains melt away in the heart of the sea. Indeed, Lord, on a beautiful day like this, when there seems little reason to fear, and so we ask Your continued blessing upon our nation and our State, upon our County, and especially upon this Commissioners Court, we ask that You would guide and direct all that is said and done here and be with us. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
Dr. Burton spoke about the immunization clinic.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approve any possible action on a disaster declaration for the prevention of and threat of wild land fires due to drought conditions in Denton County. Fire Marshal/Emergency Management
Move to approve the continuation of the burn ban and give the County Judge the authority to lift the burn ban if necessary rain is received by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-07783. B) Approval and any appropriate action related to the Digital Government Achievement Award to Denton County from the Center for Digital Government in the category of Government to Citizen for its Judicial Records Search, http://justice.dentoncounty.com. Commissioner, Precinct #2
Move to approve the acceptance of the Digital Achievement Award by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0779
ITEM 2 CONSENT AGENDA
(Item 7A pulled for NO ACTION.)
PURCHASING
6. A) Approval of award of bid for Detention Supplies, Bid #06-05-1703, to Robinson Textiles for items 1 and 2; Leslee Scott for items 3, 4 and 7; Bob Barker for items 5, 6 and 9 and rejection of all bids for item 8; and any appropriate action. (Briefing 10-18-05)
6. B) Approval of bid for Janitorial Paper Products, Bid #08-05-1719, Item 1, 2, 3, 4 and 10 to Pollock Paper, Item 5, 6 and 7 to Central Poly, Item 8 to Pyramid School Products, Item 9 to Unisource, and any appropriate action. (Briefing 10-18-05)
BUDGET
7. B) Approval of Budget Amendment Request #100080 for Office Machines and Office Supplies including the transfer of funds from District Clerk Records Management Fund Unappropriated Contingency for District Clerk Records Management Fund in the amount of $2,705, and any appropriate action. (Briefing 10-18-05)
7. C) Approval of Budget Amendment Request #100090 to increase revenues and allocate expenditures for Overtime-Tobacco Compliance Grant/Benefits for Sheriff’s Department in the amount of $12,000, and any appropriate action. (Briefing 10-18-05)
7. D) Approval of Budget Amendment Request #100100 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Non-Departmental in the amount of $24,421, and any appropriate action. (Briefing 10-18-05)
7. E) Approval of Budget Amendment Request #100120 for Miscellaneous County Building Maintenance including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Facilities Management in the amount of $9,098, and any appropriate action. (Briefing 10-18-05)
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.) Ludmila E. Santiago, Office Support Specialist II/Public Health; Stephen Hughes, Detention Officer I/County Jail.
8. B) Approve changes to the job description for the Education and Tourism Director in the Courthouse-on-the-Square Museum, and any appropriate action. (Briefing 10-18-05)
OTHER DEPARTMENTS
13. A) Approval of Building Usage Request from William Street for use of the 2nd floor Conference Room at the CHOS every other Monday beginning October 31, 2005 thru April 2006 for the purpose of Girl Scout meeting, Troop 1330, from 4:30 pm to 6:30 pm, and any appropriate action. Aide-to-the-Court (Briefing 10-18-05)
LEGAL
14. B) Approval of Agreement Exercising Final Option to Renew the Contract between Denton County, Texas and Member’s Building Maintenance, Ltd., and any appropriate action. (Briefing 10-18-05)
14. C) Approval of the Contract for Services – Local Government between Denton County, Texas and the State and Local Records Management Division of the Texas State Library and Archives Commission, and any appropriate action. (Briefing 10-18-05)
14. D) Approve a donation in the amount of $3,103.11 from the Denton County Sheriff’s Office Reserves Unit to Denton County to assist with purchase of a vehicle for that unit, and any appropriate action. (Briefing 10-18-05)
Move to approve the Consent Agenda with the exception of Item 7A by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0780
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
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 $ 7,665.59 to City of Denton Finance Dept, incorrect amount;
$ 5,583.32 to City of Carrollton Finance Dept, incorrect amount;
$ 28.17 to City of Coppell Finance Dept, incorrect amount;
$ 2,231.23 to City of Dallas Finance Dept, incorrect amount;
$ 314.95 to City of Frisco Finance Dept, incorrect amount;
$ 293.54 to City of Plano Finance Dept, incorrect amount;
$ 40.64 to City of Southlake Finance Dept, incorrect amount;
IC $ 7,950.60 to Data Rx Management, duplicate payment;ADDITIONS—
GENERAL
DA $ 18.00 to Dade County Clerk of Courts, service;
DA $ 34.00 to Sheriff of Mercer County, service;
PH $ 272.25 to Presbyterian Hospital of Denton, medical svc – L Moore/Jail.Move to approve amended bill report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0781
ITEM 6 PURCHASING
6. C) Approval of specifications and authority to advertise for RFP #09-05-1728, Voluntary Benefits; appointment of Evaluation Committee to include Cindy Brown, James Wells, Amy Phillips, Tom Keever, Gustavo Hernandez, and Beth Fleming, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-07826. D) Approval of specifications and authority to advertise for NEC Mobile Command Wireless System, Bid #10-05-1734, from 2004 UASI grant, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0783Commissioner Mitchell arrived during the discussion of Item 6E
6. E) Approval of specifications and authority to advertise for Night Vision Goggles and Helmet Mounts, Bid #10-05-1736, and any appropriate action.
HOLD UNTIL LATER IN MEETING
ITEM 7 BUDGET
7. F) Approval of Budget Amendment Request #100130 to increase revenues and allocate expenditures for Cars/Small Trucks for Sheriff Reserve Unit in the amount of $3,103, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0784
ITEM 13 OTHER DEPARTMENTS
13. B) Approve re-appointment of Mr. Larry Lipscomb to the Denton County Transportation Committee as a Precinct #3 representative, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-078513. C) Approve appointment of Mr. Phillip Beims to the Denton County Historical Commission, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-078613. D) Approval of any appropriate action for potential change order #10 for the Fire Marshal’s facility at Teasley Lane for a total addition of $1,149.00. Facilities
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0787
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. E) 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, 18-2005)
NO ACTION14. F) Approval of the Letter of Engagement by Greg Cooke concerning Clean Air Plan for Denton County, Collin County, Dallas County, and Tarrant County, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-078814. G) Approval of 1) Rescinding Court Order #05-0744, approved on October 11, 2005, which was for 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”), 2) Rescinding the informal Assignment of the Tax Abatement Agreement between Denton County, Texas and CB Parkway Business Center XIV, Ltd., (“Assignor”) to Lexington Corporate Properties Trust, a Maryland statutory real estate investment trust (“Assignee”), by letter dated September 23, 2005, and 3) the Assignment and Assumption of the Tax Incentive Agreement between Denton County, Texas and CB Parkway Business Center XIV, Ltd., (Assignor”) to Acquiport Int’l Parkway L.P., a Delaware limited partnership, located in Precinct 2, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 05-078914. H) Approval of the Service Agreement between Denton County and (a) AIDS Services of North Texas; (b) the Boys & Girls Club of Denton County; (c) CASA (Court Appointed Special Advocates); (d) Denton City-County Day School; (e) Family Health Care, Inc.; (f) Interfaith Ministries; (g) Metrocrest Social Services Incorporated f/k/a Metrocrest Social Service Center; and (h) Services Program for Aging Needs, SPAN, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0790
ITEM 16 ADDENDA
16. A) Approval of Budget Amendment Request #100140 for Office Machines including the transfer of funds from Vehicle Inventory Tax Interest – Unappropriated Contingency for Vehicle Inventory Tax Interest in the amount of $7,604, and any appropriate action. Budget
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-079116. B) Approval of Budget Amendment Request #100170 for various line items including the transfer of funds from Vehicle Inventory Tax Interest-Unappropriated Contingency for Vehicle Tax Interest in the amount of $15,033, and any appropriate action. Budget
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-079216. C) Approval of the Interlocal Cooperative Agreement between Denton County and Wise County to maintain those roads which fall along the county line, Precinct 1, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0793
ITEM 17 RECESS 9:48AM
ITEM 18 RECONVENE 10:14AM
ITEM 6 PURCHASING
6. E) Approval of specifications and authority to advertise for Night Vision Goggles and Helmet Mounts, Bid #10-05-1736, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0794
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 10:23AM
Reconvened in Formal Session 10:40AMCommissioner White was absent when court reconvened from Executive Session.
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 ABOVE EXECUTIVE ITEMS15. E) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code; EEOC Claim of Michael Overstreet, EEOC Charge No. 310-2006-00250.
Move to approve assigning to the Civil Division of the DA’s office by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0795
ITEM 19 ADJOURNMENT 10:41AM
This set of minutes for October 25, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
