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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 29, 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 29th 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 Jim Heath, followed by the Pledges of Allegiance to the American and Texas Flags led by Wayne Trevathan.
Mr. Heath: Bow your heads, please. Our Heavenly Father, thank You for this day. Thank You for our country. Please look over us in the day's we have ahead as we know they are troubled. Please be with this Court today as they do our County's business. We'd also ask You to look over all of our service people throughout the world as they stand in harm's way. May this day be done in Your likeness. In thy name we pray. Amen.
ITEM 2 CONSENT AGENDA
(Items 7B & 14E were pulled for further consideration and/or separate vote.)
TREASURER
5. B) Approval of Payroll.
BUDGET
7. A) Approval of Intra-Departmental Transfers, 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.) Stephen C. Ruten, Justice Project Manager/Justice Information System; Rolando Asebedo, Assistant Fire Marshal/Emergency Services; Mary A. Davenport, Office Support Specialist II/Mental Health Unit; Larry Murphree, Bailiff/Sheriff.
OTHER DEPARTMENTS
13. A) Approval of the Building Usage Request from the American Legion Post 71 for use of the Commissioner Courtroom, Conference Room and 1896 Room on Sunday, January 22, 2006, 12:00 pm to 5:00 pm, and any appropriate action. Aide-to-the-Court (Briefing 11-22-05)
13. B) Approval of a letter and resolution supporting the actions taken by the City of Denton to hold a Public Meeting regarding the TCEQ Permit No, 50163 for Safety Kleen Sysems Inc., and any appropriate action. Commissioners Precinct 1 & 4 (Briefing 11-22-05)
13. C) Approval of the notice from the North Texas Tollway Authority (NTTA) that Johnson County has petitioned for admission to the NTTA, and any appropriate action. County Judge (Briefing 11-22-05)
LEGAL
14. C) Approve Interlocal Cooperation Agreement for Communications Services with the Town of Northlake, and any appropriate action. (Briefing 11-22-05)
14. D) Approval of the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation for the Trietsch Road Widening Project, Bid #08-05-1721, in the amount of $134,538.10, with funding to come from Contract Labor-Bridge Construction from the Engineering Department Budget, and any appropriate action. (Briefing 11-22-05)
14. F) Approval of Lease Purchase Schedule No. 11111653 with attachments and exhibits between Denton County and Dell Marketing, L.P., and any appropriate action. (Briefing 11-22-05)
14. G) Approval of Supplement Agreement #6 to the Contract between Denton County, Texas, and HNTB Corporation, for the FM 2499 Section 4 Project, in the amount of $55,000.00, to be paid from the Better, Safer Roads Program, FM 2499, Section 4, Auditor #7469, for a total contract amount of $2,515,707.00, and any appropriate action. (Briefing 11-22-05)
Move to approve the Consent Agenda with the exception of Items 7B & 14E by
Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-2 (White & Jacobs abstain)
Court Order 05-0867
ITEM 7 BUDGET
7. B) Approval of setting the county salary supplement for District Judges to comply with HB 11 from $9300 to $7500 per year effective December 1, 2005 and to set the salary of the Statutory County Court and Probate Court Judge’s salaries at the maximum of $132,500 and approval of Budget Amendment Request #100240 including the transfer from Non-Departmental Unappropriated Contingency Judge’s Salary Contingency for the various County Courts in the amount of $168,864, and any appropriate action. (Briefing 11-22-05)
Move to approve with corrected amount of $157,856 by Judge Horn, seconded by
Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0868
ITEM 14 LEGAL
14. E) Approval of Supplement Agreement Number 3, to the Interlocal Cooperation Agreement between Denton County, Texas and the North Texas Tollway Authority (NTTA) for the Lake Lewisville Corridor Project, in the amount of $1,650,000.00, with funding to come from TRIP-04, FM 720 Project, and any appropriate action. (Briefing 11-22-05)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0869
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 Judge Horn, seconded by
Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0870
3. B) Approval of a Resolution supporting the appointment of Beverly A. McClure to the State of Texas Guardianship Certification Board, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0871
3. C) Report on the Town of Argyle, Texas by Mayor Richard Tucker.
Commissioner, Precinct 4
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 $ 130.00 to Boswell & Moore, incorrect vendor;
ADDITIONS—
RBE $ 238.90 to Aubrey Water & Sewer, service – D1.
Move to approve amended bill report by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-2 (Jacobs & Mitchell abstain)
Court Order 05-0872
ITEM 6 PURCHASING
6. A) Approval of award of bid for Night Vision Goggles and Helmet Mounts, Bid #10-05-1736, to ANVS, Inc., for $25,783.00 and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0873
ITEM 8 HUMAN RESOURCES
8. B) Approve the adoption of a Post-Retirement Employment Policy, and any appropriate action. (Briefing 11-15 & Formal 11-22-05)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0874
ITEM 17 RECESS 9:48AM
Commissioner Mitchell left during the recess.
ITEM 18 RECONVENE 10:33AM
ITEM 13 OTHER DEPARTMENTS
13. D) 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; 22-05)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0875
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.
NO ACTION
14. H) Approval of 1) rescinding Court Order 05-0717 dated September 27, 2005, approving the Pipeline Crossing Agreement between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, for Mile Post 723.98 Choctaw Subdivision, Denton County, Texas and 2) approval of the Pipeline Crossing Agreement Folder No. 02323-72; Mile Post: 723.98, Choctaw Subdivision, Location Denton, Denton County, Texas between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0876
14. I) Approval of the Contract Agreement between Denton County, Texas, and Halff Associates for Engineering Services for FM 2499 Section 5 from FM 2181 to IH 35E, for $1,073,796.00 with funding to come from Better, Safer Road Program FM 2499 Section 5 Funds Auditor Account 71-7453, Project located in Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0877
14. J) Approval of substitution of the revised 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, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0878
14. K) 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 US 380 Project from Denton/Wise County Line to IH 35, CSJ 0134-09-057, 0134-09-058 and 0134-09-059, located in Precinct 4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0879
14. L) Approval of the Location Release Agreement between Denton County,
Texas, and Authentic Entertainment, (Producer”), and any appropriate action.
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 11:25AM
Reconvened in Formal Session 11:54AM
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 ITEMS
15. E) Consultation with Attorney: Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss Monty Shelton v. Benny Parkey, et al.; in the United States District Court for the Eastern District of Texas, Sherman Division; Case no. 4:005cv188.
Move to approve assigning this to the Civil Division of the DA’s Office by
Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0880
15. F) 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 EXECUTIVE ITEM 15F
ITEM 19 ADJOURNMENT 11:55AM
This set of minutes for November 29, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
