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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 November 8, 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 8th day of November, 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, Bobbie Mitchell, and Jim Carter 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 Steve Mossman, Tax Assessor/Collector.
Mr. Brewer: Dear God and Heavenly Father, we thank You for the blessings of
today. As we experience the change of seasons we feel and we see Your presence
in our lives. We thank You for the bountiful harvest of this great land. Let us
be ever mindful to share our good fortune with those less fortunate at home and
abroad. We ask Your protection for our countrymen in uniform around the world
and here at home. We thank You for our Veterans this week, for all of the
sacrifices they have made and continue to make to guarantee the freedom that we
enjoy in our way of life. And finally, Father, we ask for the wisdom
that You provide in the conduct of this Court of the people of Denton County. We
ask these things in Your name. Amen.
ITEM 2 CONSENT AGENDA
(Items 7A and 8B were pulled for further consideration and/or separate vote.)
BUDGET
7.B) Approval of Budget Amendment Request #100150 to increase revenues and allocate expenditures for various line items for CHOS Museum/Tourism Preservation Grant 2005 in the amount of $5,935, and any appropriate action. (Briefing 11-01-05)
7. C) Approval of Budget Amendment Request #100160 to increase revenues and allocate expenditures for CHOS Museum Tourism Promotion for CHOS Museum/Tourism Preservation Grant 2006 in the amount of $3,100, and any appropriate action. (Briefing 11-01-05)
7. D) Approval of Budget Amendment Request #100180 for Computers for County Extension in the amount of $1,550, and any appropriate action. (Briefing 11-01-05)
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.) Gary Greener, Technical Services Technician/Sheriff; Michael Sibley, Detention Officer II/County Jail; Larry Murphree, Detention Officer I/County Jail; Roger Shaw, Bailiff/Sheriff; Susan Piel, Felony Prosecutor II A/Criminal District Attorney; Crystal Morris, Deputy Clerk/Records Management Department; Bernardo Esparza, Adult Probation Officer/CSCD (Adult Probation); Christy Bomer-Norton, Assistant WIC Clinical Professional/WIC-Administration.
8. C) Approve revisions to Personnel Policy #3.13-Death in the Immediate Family, and any appropriate action. (Briefing 11-01-05)
LEGAL
14. B) Approval of 1) the Real Estate Contract between Denton County and Swisher -35, Ltd., for the purchase of the Swiher-35, Ltd., property for the Lake Lewisville Corridor Project, 2) authorization to proceed with the closing for the Swisher -35, Ltd., property and for the County Judge to sign all necessary closing documents, and 3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus fees for the purchase of the Swisher -35, Ltd., property, and any appropriate action. (Briefing 11-01-05)
14. C) Approval of 1) the Real Estate Contract between Denton County and Oscar Brewer for the purchase of the Oscar Brewer property for the Lake Lewisville Corridor Project, 2) authorization to proceed with the closing for the Oscar Brewer property and for the County Judge to sign all necessary closing documents, and 3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus fees for the purchase of the Oscar Brewer property, and any appropriate action. (Briefing 11-01-05)
14. D) Approval of the Microsoft Enterprise Agreement Enrollment Form and Amendment 002, and any appropriate action. (Briefing 11-01-05)
14. E) Approval of a) the Project to engineer and construct Double Eagle Parkway Bridge in accordance with the Community Facilities Agreement (“CFA”) and b) the Interlocal Cooperation Agreement between the City of Fort Worth and Denton County, Texas, for the “Project” to engineer and construct Double Eagle Parkway Bridge in accordance with the CFA, located in Precinct 4, and any appropriate action. (Briefing 11-01-05)
Move to approve the Consent Agenda with the exception of Items 7A and 8B by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0814
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
ITEM 8 HUMAN RESOURCES
8. B) Approve revisions to Policy #6.7-Denton County Benefit Plan, and any appropriate action. (Briefing 11-01-05)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 05-0815
ITEM 4 PUBLIC HEARINGS
4. A) Approve the Replat of Greenville Village at Savannah, Precinct 1, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0816
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 9:11AM
Reconvened in Formal Session 9:19AM15. E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); James Patton v. Denton County and Denton County Information Services, Cause #2:05-CV-125.
NO ACTION ON THE ABOVE EXECUTIVE ITEM
ITEM 1 PUBLIC INPUT
Judge Horn read a letter from the mayor of The Colony about a national touring exhibition called The Wall that Heals.
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 by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-08173. B) Presentation of an award from the Texas Comptroller’s State Energy Conservation Office (SECO) to the Denton County Public Facilities Department, recognizing their efforts in energy efficiency and improving air quality in the State of Texas. County Judge
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 $ 100.00 to Adame, Derek – Attorney, incorrect vendor;
$ 625.00 to Cortinas, Karina, incorrect vendor;
ELECT $ 506.56 to Randie Smith/Election Exp, s/b paid through Treasurer’s Ofc;
$ 100.91 to Cindy Compton/Elections, s/b paid through Treasurer’s Ofc;
$ 93.87 to Lillie Henry/Elections, s/b paid through Treasurer’s Ofc;
$ 90.48 to Mark Hoffman/Elections, s/b paid through Treasurer’s Ofc;
$ 95.36 to Kesha Woods/Elections, s/b paid through Treasurer’s Ofc;
$ 121.05 to Wint Mabile/Elections, s/b paid through Treasurer’s Ofc;
ADDITIONS—
GENERAL
Non Dept $ 184.00 to Kroger/University Drive, holiday lunch – PW Eng;
$ 272.00 to Boston Market, holiday lunch – R&B East;
$ 256.00 to Piggly Wiggly, holiday lunch – Tax Office;
PH
Clinical $ 15,313.44 to Sanofi Pasteur, Inc, flu vaccine;
05 ROAD BOND $ 244,248.42 to Conatser Construction, construction – Litsey Road.
Move to approve amended bill report and correcting the Commissioner Precinct from Pct 3 to Pct 2 on vendor 10607 on page 32 and approving the monthly financial report for September 2005 by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0818
ITEM 7 BUDGET
7. E) Approval of Budget Amendment Request #100190 for Computers including the transfer of funds from JP Technology Unappropriated Contingency for JP Technology Fund in the amount of $1,116, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0819
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of the creation of a Homeland Security Funds Committee, Emergency Management Director, Purchasing Director, Budget Director, Auditor, Information Services Director, Sheriffs Office Representative, County Judge’s Office – Frank Phillips, Health Director and Civil Attorney, and any appropriate action. Fire Marshal/Emergency Management (Briefing 11-01-05)
NO ACTION13. B) Approval of casting Denton County’s 568 votes for Denton Central Appraisal District (DCAD) Board of Directors in favor of DCAD Board nominee Steve Mossman, and any appropriate action. County Judge (Briefing 11-01-05)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion was REMOVED.
NO ACTION – REPOST NEXT WEEK
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. 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.
NO ACTION14. G) Approval of the Capital Lease Agreement with Koch Financial Corporation for Financing of the Asphalt Zipper Road Equipment, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-082014. H) Approval of the Service Agreement between Denton County and (a) ARC, Association for Retarded Citizens-Denton; and (b) Friends of the Family, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-082114. I) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the Justin Volunteer Fire Department; and (2) the Krum Volunteer Fire Department, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-082214. J) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Hood County, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-082314. K) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Hood County, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-082414. L) Approval of renewal of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Double Oak Volunteer Fire Department; (2) the Justin Volunteer Fire Department; and (3) the Krum Volunteer Fire Department, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-082514. M) Approval of Software License Assignment and Assumption of Maintenance Agreement between Denton County, Texas, and Environmental System Research Institute, Inc., (“ESRI”) for the two concurrent software licenses files for ARC/INFO ARCGIS 9.0 for the Denton County GIS program, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0826
ITEM 16 ADDENDA
16. C) Approval of 1) the Real Estate Contract between Denton County and James Jordan, for the purchase of the James Jordan’s property for the Lake Lewisville Corridor Project, 2) authorization to proceed with the closing for the James Jordan Property and for the County Judge to sign all necessary closing documents, and 3) direction to the County Auditor to issue a warrant in the amount of the purchase price plus fees for the purchase of the James Jordan property, with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-082716. D) Approval of 1) the Real Estate Contract between Denton County and Beachside Ltd., for the purchase of Beachside Ltd’s property for the Lake Lewisville Corridor Project, 2) authorization to proceed with the closing for the Beachside Ltd, property and for the County Judge to sign all necessary closing documents, and 3) direction for the County Auditor to issue a warrant in the amount of the purchase price plus fees for the purchase of the Beachside Ltd, property, with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-082816. E) Approval of the Interlocal Cooperation Agreement between the City of Plano and Denton County, Texas for the relocation of a City waterline on SH 121, located in Precinct 2, and any appropriate action.
Move to approve with funding being moved from TRIP-04 Collin and Causeway to 121 by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0829
ITEM 17 RECESS 9:39AM
ITEM 18 RECONVENE 9:50AM
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 9:51AM
Reconvened in Formal Session 10:35AM15. 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.
15. F) Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); Claim from PB Electronics Inc.
16. A) EXECUTIVE SESSION: 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.
16. B) EXECUTIVE SESSION: Personnel matters, Texas Government Code, Section 551.074 (a) (1): Deliberation concerning and evaluation of Primary Care Physician, Health Department.
NO ACTION ON ANY OF THE EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 10:35AM
This set of minutes for November 8, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
