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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 22, 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 22nd 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 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 LeDena Ferrell, Chief Administrator, Commissioner, Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Bill Merritt, Mayor of Dish, Texas.
Ms. Ferrell: Father God, we just come to You this morning, thanking You, Lord, for this wonderful privilege that we have of living in a free country. Lord, we are at this time of the year, at Thanksgiving, we just all have such thankful hearts for all of our blessings. And, Father, let us let every day be a day of thanksgiving, not just once a year, Lord, when we're reminded of Thanksgiving. We ask today, Father, that You would just be with our troops around the world, keep them safe and just bless them at this time when I know they miss their families, Lord, that you're just able to just encourage them and protect them. We pray today for wisdom for our Court today, that every decision that's made would be what You have the decision to be for our county. And we just thank You. In the precious name of Jesus. Amen.
ITEM 1 PUBLIC INPUT
Erin McCorkle read a statement for County Clerk, Cynthia Mitchell, about the fees for birth and death certificates.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. C) Report on Dish, Texas by Mayor Bill Merritt, and any appropriate action. Commissioner, Precinct #4
NO ACTION3. 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 3-0-0
Court Order 05-0846
Discussion of item in Commissioners Court Transcript to minutes. (Page 11)3. D) Approval of Resolution of appreciation for the service of Roger Shaw as Interim Constable, Precinct 2. Commissioner, Precinct #4
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-08473. B) Presentation by Denton County Guardianship Services, Inc., and any appropriate action. County Judge
NO ACTION
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14. C) Approval of Change Order #1, to the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation, Bid #11-04-1642, in the amount of $57,392.25, for a total contract amount of $289,976.25, which is 125% of the original contract amount of $229,581.00, for the Copper Canyon Road Project, located in Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-0848
ITEM 17 RECESS 9:38AM
ITEM 18 RECONVENE 9:43AM
ITEM 2 CONSENT AGENDA
PURCHASING
6. A) Approval of award of bid for the Lebanon Road Improvements, Bid #09-05-1722, to Mario Sinacola & Sons Excavating, Inc. for $5,217,613.38 from the TRIP-04 – Boyd Road fund, and any appropriate action. (Briefing 11-15-05)
6. B) Approval of renewal for Temporary Personnel Services, RFP #10-04-1638, to Express Personnel Services as the primary agency and ProFlex Personnel LLC as the secondary agency, and any appropriate action. (Briefing 11-15-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. B) Approval of Budget Amendment Request #100210 for New Instruments including the transfer of funds from Vehicle Inventory Tax Fund – Unappropriated Contingency for Telephone Department in the amount of $1,152, and any appropriate action. (Briefing 11-15-05)
7. C) Approval of Budget Amendment Request #100230 for Computer Software Maintenance for Sheriff’s Department in the amount of $2,590, 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.) David Harris, Sergeant/Constable, Pct 4; Rande Caldwell, Detention Officer I/County Jail; Jennifer Lynn Garrett, Secretary/CSCD (Adult Probation).
8. B) Approve revisions to Personnel Policy #2.6-Part-Time Employees, and any appropriate action. (Briefing 11-15-05)Move to approve the Consent Agenda by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0849
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 $ 756.60 to Corrington Investigation, incorrect vendor;
$ 450.00 to Kimberly Shanklin, Atty, incorrect amount;
$ 10,000.00 to Nat’l Information Data Cntr, incorrect vendor;
$ 400.00 to Reynolds, Philip – Attorney, incorrect vendor;
$ 1,000.00 to Advanced Doc & Hand Exam, incorrect vendor;
CORRECTIONS—
GENERAL $ 3,788.40 to Good Technology, Inc, incorrect amount – issue for $3999.60;
ADDITIONS—
GENERAL
Cont#2 $ 25.00 to Texas State University, reg fee – Bill Hall;
2005 ROAD BONDS $ 38,153.47 to Conatser Construction, construction – Litsey Road;
$ 360,000.00 to City of Argyle Finance Dept, US377 @ Country Club Pay Requests #1-4Move to approve amended bill report by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 05-0850
ITEM 6 PURCHASING
6. C) Approval of award of bid for Mobile Microwave Antenna System, Bid #10-05-1730 to NS Microwave, for $75,000.00, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-0851
Discussion of item in Commissioners Court Transcript to minutes. (Page 31)6. D) Approval of award of bid for NEC Mobile Command Wireless System, Bid #10-05-1734 to NEC Unified Solutions, Inc. for $71,911.00, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0852
HUMAN RESOURCES
8. C) Approve the adoption of a Post-Retirement Employment Policy, and any appropriate action. (Briefing 11-15-05)
NO ACTION8. D) Approve job descriptions and rankings for the Mental Health Team Coordinator, Assistant Mental Health Team Coordinator, Mental Health Advisor and Crisis Counselor/Outreach Worker in the Crisis Grant in the Health Department, and any appropriate action.
MOTION MADE WITH ITEM 9A
HEALTH
9. A) Approval of a contract enabling DCHD to administer a FEMA grant program, through the Department of State Health Services, designed to provide mental health assistance to Hurricane Katrina victims.
Move to approve Items 8D & 9A by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-0853
ITEM 10 PUBLIC WORKS
10. A) Approve Tuesday, December 13, 2005, at 9:05 a.m. as the date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture to Recreational Service and Commercial District for Abstract 0792, Tract 43, Precinct 1, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-085410. B) Approve Tuesday, December 13, 2005, at 9:10 a.m. as the date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture to Residential Medium Density for Abstract 0029, Tract 46, Precinct 1, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-085510. C) Approve Tuesday, December 13, 2005, at 9:15 a.m. as the date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture to Residential Medium Density for Abstract 0790, Tracts 27-28, Precinct 1, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0856
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; 08; 15-05)
NO ACTION13. B) Approval of sub-recipient award and Grant Adjustment offer from the Governor’s Division of Emergency Management, U.S. Department of Homeland Security and the Office of Domestic Preparedness entitled Homeland Security Grant Program 2005-GE-T5-4025 for the purpose of providing Denton County with Enhanced capabilities for preparing and responding to the potential threats of manmade and natural disasters, and any appropriate action. Emergency Management (Briefing 11-15-05)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-085713. C) Approval of casting Denton County’s 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; 15-05)
NO ACTION
ITEM 14 LEGAL
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.
NO ACTION14. D) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Wise County, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-085814. E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the Sanger Volunteer Fire Department, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-085914. F) Approval of payment of claim to PB Electronics, Inc. for $174.50 as fee for repair of radar unit for Constable, Precinct 5, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 2-1-0 (Mitchell nay)
Court Order 05-086014. G) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Coppell, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-086114. H) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Wise County, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-086214. I) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Hackberry for implementation of Texas Local Government Code Section 242.001, relative to the City’s ETJ, located in Precinct 1, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-086314. J) Approval of (1) the Real Estate Contract between Denton County and Entrust Arizona FBO Katherine Ann Apel, Account Number 10417, for the purchase of property for the Lake Lewisville Corridor Project, (2) authorization to proceed with the closing and approval for the County Judge to sign all necessary closing documents to purchase the Entrust Arizona FBO Katherine Ann Apel, Account Number 10417 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 Entrust Arizona FBO Katherine Ann Apel, Account Number 10417, 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. Carter.
Motion Carried 3-0-0
Court Order 05-0864
ITEM 16 ADDENDA
16. A) Approval of ratification of approval of County Judge as required by section 147 (f) of the Internal Revenue Code for the financing of equipment purchase for the Lewisville YMCA, and any appropriate action. DA/Civil Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-086516. B) Approval of Amendment #1 to the Interlocal Cooperation Agreement between Denton County Fresh Water Supply District #9 and Denton County, Texas, for maintenance, repair, financial responsibility of Fish Trap Road, and any appropriate action. DA/Civil
NO ACTION16. C) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (1) the Carrollton Public Library and (2) the Lake Cities Library, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 05-0866
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 10:08AM
Reconvened in Formal Session 10:29AM15. 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.
16. D) EXECUTIVE SESSION: Consultation with Attorney: Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim of Barbara Sue Mack. DA/Civil
NO ACTION ON ANY OF THE EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 10:29AM
This set of minutes for November 22, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
