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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 15, 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 15th 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, Sandy Jacobs, 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 Hank Scheible, Veterans Service Officer, followed by the Pledges of Allegiance to the American and Texas Flags led by Virgil Aldag.
Mr. Scheible: Most gracious heavenly Father, we come before You after our Veteran's Day ceremonies in which we recognize that men fought and died for their country. We thank You for these people who have committed and dedicated their lives to the service of our country. Especially we lift up those who are in Iraq and Afghanistan and other foreign parts of the world, fighting for our country, or at least standing there in uniform ready to fight for our country. Lord, we lift them up to You this morning. As we go about the tasks of running the County government, we ask that You'd keep in mind that we need Your wisdom, that only You can provide the wisdom that we need to operate our services here that this County will reach people and help them to administer their lives. Father, we do lift you up right now and just ask that You would make us aware of Your presence in our midst for You've promised where two or more or gathered, they're You'll be also. In Christ's name, we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approve the Final Replat of the Carlisle Addition – 1R, Precinct #4, and any appropriate action. Planning
NO ACTION – REPOST
ITEM 1 PUBLIC INPUT
Lynn Yeargain spoke on a parade and ceremony sponsored by the Vietnam Veterans of America welcoming home Denton County troops from the Army National Guard.
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. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0830
ITEM 4 PUBLIC HEARINGS
4. B) Approve the Replat of Lots 4R & 5R, Block 1 of Vista Industrial Park, Precinct #4, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0Move to Close Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0831
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 $ 150.00 to Crosbie/Moraine, incorrect vendor;
$ 1,303.75 to Hayes, Berry, White, McMurray, incorrect vendor;
ADDITIONS—
GENERAL
JP#5 $ 95.00 to Texas Public Health Assoc, reg fee – Anna Lyon;
$ 95.00 to Texas Public Health Assoc, reg fee – Julie Lundburg;
Non Dept $ 290.00 to Ft. Worth Brahmas Hockey, tickets – Brahmas hockey;
RBE $ 162.61 to Sempra Energy, svc – RBE;
99 ROAD CNST $ 150,000.00 to Texas Dept of Transportation, LPAFA – Loop 288 East.
Move to approve amended bill report by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0832
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. C) Approval of a Resolution supporting the Regional Transit Initiative, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0833
ITEM 2 CONSENT AGENDA
AUDITOR
5. B) Approve the Quarterly Investment Report for Denton County for the Period Ended 9/30/2005, and any appropriate action. (Briefing 11-08-05)
TREASURER
5. C) Approval of Payroll.
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100200 for Computers for District Clerk Records Management Fund in the amount of $1,116, and any appropriate action. (Briefing (11-08-05)
7. C) Approval of Budget Amendment Request #100220 for Supplies for Archive Preservation for CHOS/Bayless-Selby Museum 2005 in the amount of $6,030, 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.) Matthew Barton, Detention Officer I/County Jail; Frank Mingst, Detention Officer I/County Jail; Cynthia Head, Mental Health Investigator/Sheriff’s Mental Health Unit; Gregory Hedges, Deputy Sheriff/Sheriff; Lawrence Stevenson, Deputy Sheriff/Sheriff; Lance Simon, Juvenile Probation Officer/Post Adjudication; Rachel Fleming, Print/Mail Specialist/Print/Mail Department; James Cox, Apprentice/Journeyman Plumber/County Operations; Shelley McCutcheon, Deputy Clerk-Courts/County Clerk; Shelly Anderson, Office Support Specialist I PT/Constable, Pct 6; Kimberly Thornburg, Administrative Manager/Criminal District Attorney.
HEALTH
9. A) Approval of CHIP/Medicaid Provider Contracts with Cook Children’s Health Plan and any appropriate action. (Briefing 11-08-05)
9. B) Approval of CHIP Contract amendment for December through August 2006 with the Texas Health and Human Services (HHSC) and any appropriate action. (Briefing 11-08-05)
PUBLIC WORKS
10. A) Approve the price of the Landmark to Go map book for sale to the public at $25.00, and any appropriate action. GIS
OTHER DEPARTMENTS
13. A) Approval of Building Usage Request for the use of the Courthouse-on-the-Square and Lawn from Keep Denton Beautiful for the purpose of the Redbud Festival on Saturday, April 8, 2006 from 7:30 am to 5:00 pm, and any appropriate action. Aide-to-the-Court (Briefing 11-08-05)
Move to approve the Consent Agenda by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-0834
ITEM 13 OTHER DEPARTMENTS
13. D) Approval of a Declaration of Disaster for Denton County due to the current drought conditions, and any appropriate action. County Judge
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0835
ITEM 16 ADDENDA
16. A) Approval and acceptance of the bond and oath of Michael Truitt, as the appointed Constable for Precinct #2 of Denton County, Texas, for the unexpired term, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0836
ITEM 17 RECESS 9:37AM
ITEM 18 RECONVENE 9:59AM
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Presentation on the affects of SB 1863 regarding the Collection Compliance Program’s affects on Denton County. County Clerk
NO ACTION
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 10:52AM
Reconvened in Formal Session 12:18PMCommissioner White was absent when court reconvened in Formal 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.
15. E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton v. Denton County and Denton County Information Services, Cause #2:05-CV-125.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS16. B) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Texas Properties Partnership v. Town of Northlake, Denton County, Texas and the Texas Department of Transportation; Cause No. ED-2002-00729, pending in the Probate Court of Denton County, Texas. DA/Civil
Move to approve the proposed settlement agreement by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0837
ITEM 13 OTHER DEPARTMENTS
13. B) 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; 08-05)
NO ACTION
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. 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.
NO ACTION14. C) Approval of authorizing the County Judge to sign Letter requesting a Supplement Grant Adjustment 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.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-083814. D) Approval of the Service Agreement between Denton County and (a) Day Stay for Adults, Inc.; and (b) Denton Family Resource Center, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-083914. E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and Lake Cities, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-084014. F) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and Lake Cities, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-084114. G) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Pilot Point Community Library, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-084214. H) Approval of the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for FM 1173 at North Hickory Creek Bridge Replacement Project, CSJ 1059-01-034, located in Precinct 4, with funding to come from BSRP FM 1171 (Auditor #7486) and Precinct 4 BSRP Special Project funds, and any appropriate action.
Move to approve with correcting the funding to come from BSRP Discretionary Funds by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-084314. I) Approval of (1) the Real Estate Contract between Denton County and Hulen Ray Boliver, Trustee of the Charlsie D. Boliver Revocable Living Trust and any Amendments thereto dated July 2, 1992, for the purchase of the Hulen Ray Boliver, Trustee of the Charlsie D. Boliver Revocable Living Trust’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 to the County Auditor to issue a warrant in the amount of the purchase price plus fees for the purchase of the Charlsie D. Boliver Revocable Living Trust’s property, with funding to come from the Lake Lewisville Toll Bridge Corridor, Auditor #7401, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0844
ITEM 13 OTHER DEPARTMENTS
13. C) 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; 08-05)
NO ACTION
ITEM 17 RECESS 12:25PM
ITEM 18 RECONVENE 12:26PM
ITEM 19 ADJOURNMENT 12:26PM
This set of minutes for November 15, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
