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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 December 13, 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 13th day of December, 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 Ted Hash, followed by the Pledges of Allegiance to the American and Texas Flags led by Gretchen Ethridge.
Mr. Hash: Let us pray. Dear Heavenly Father, thank You for the gifts You have
bestowed on us. Thank You for giving us this great country and please be with
the people who are protecting our country and bringing freedom to other parts of
the world. Keep our Armed Forces safe and when it is time, please bring them
home safely. Lord, thank You for our Elected Officials and please help them to
serve their people and to do Your will. Please help our President to continue to
make right decisions for our country. And thank You for the many blessings You
have given to us. In the Lord's name we pray. Amen.
ITEM 4 PUBLIC HEARINGS
4. A) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Service & Commercial District (R/C) for Abstract 0792, Tract 43, Precinct 1, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0893
4. B) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Medium Density (R-2) for Abstract 0029, Tract 46, Precinct 1 as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0894
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Presentation by the Texas Cooperative Extension regarding their annual
report to Commissioners Court, and any appropriate action. County Judge
NO ACTION
ITEM 4 PUBLIC HEARINGS
4. C) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Medium Density (R-2) for Abstract 0790, Tracts 27-28, Precinct 1 as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to Close Public Hearing by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0895
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. D) Presentation of Regional Transportation Issues in Denton County by North Texas Tollway Authority representative, and any appropriate action. Commissioner, Precinct #1
Move to communicate our support for Alternate 4 to our board members on the
NTTA at this time until additional information is brought to our attention to
change that decision by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0896
3. C) Report on the City of Denton, Texas by Mayor Euline Brock.
Commissioner, Precinct #4
NO ACTION
3. E) Presentation by Highland Village Mayor and City Manager. Commission,
Precinct #3.
NO ACTION
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of casting Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors, and any appropriate action. County Judge Formal 11-22-05)
13. A-1) Approval of casting Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Jeff Low.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Failed 2-3-0 (Horn, Jacobs, Mitchell nay)
13. A-2) Approval of casting 200 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Pearl Ford.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 05-0897
13. A-3) Approval of casting 368 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Steve Mossman
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Failed 2-3-0 (White, Mitchell, Carter nay)
13. A-4) Approval of casting 368 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Charles Stafford.
Move to approve by Comm. Carter.
Motion Failed for lack of second
13. A-5) Approval of casting 368 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Jeff Low.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Failed 2-3-0 (Jacobs, Horn, Mitchell nay)
13. A-6) Approval of casting 368 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Steve Mossman.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Failed 2-3-0 (White, Mitchell, Carter nay)
13. A-7) Approval of casting 368 of Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors to Jeff Low.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 3-2-0 (Jacobs & Horn nay)
Court Order 05-0898
Commissioner Jacobs left after Item 13A.
ITEM 6 PURCHASING
6. C) Approval of award of Records Management & Imaging System, RFP
#04-05-1679, to Affiliated Computer Services, Inc., Option 2, and any
appropriate action.
NO ACTION
ITEM 17 RECESS 12:36PM
ITEM 18 RECONVENE 12:39PM
ITEM 2 CONSENT AGENDA
(Item 7A pulled for NO ACTION.)
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of award of bid for ATV’s, Personal Water Crafts and Trailer, Bid #10-05-1733, to Cycle Center of Denton for $24,552, and any appropriate action. (Briefing 12-06-05)
6. B) Approval to declare miscellaneous vehicles as surplus, to place items in On-line Auction #11-05-1738 to be held in December 2005, advertise and any appropriate action. (Briefing 12-06-05)
BUDGET
7. B) Approval of Budget Amendment Request #100270 for Computers and Computer Software including the transfer of $6,427 from Vehicle Inventory Tax Fund Unappropriated Contingency for Vehicle Inventory Tax Fund and County-Wide Technology for a total amendment of $9,577, and any appropriate action. (Briefing 12-06-05)
7. C) Approval of Budget Amendment Request #100280 for Miscellaneous Building Maintenance including the transfer of funds from Courthouse Security-Unappropriated Contingency for Courthouse Security in the amount of $5,000, and any appropriate action. (Briefing 12-06-05)
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.) Joyce Bojarski, Health Services Specialist II/Jail Health Department; Amber Russell, Outreach Coordinator/Health Department; Forrest Clark Beadle, Misdemeanor Prosecutor II/Criminal District Attorney; Brian Drury, Personnel/Comm. Relations Officer/Sheriff.
LEGAL
14. B) Approval of the Contract Agreement between Denton County, Texas, and Mario Sinacola & Sons Excavating, Bid #09-05-1722, in the amount of $5,217,613.38, for the Lebanon Road Improvement Project, and any appropriate action. (Briefing 12-06-05)
14. C) Approval of the Agreement to Contribute Funds, between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for Right-of-Way (ROW) on the IH 35 E (Ultimate) Right-of0Way Project, CSJ No. 0195-03-050 and the Resolution for the IH 35 E (Ultimate) Right-of-Way Project from President George Bush Turnpike to U.S. 380, CSJ 0195-03-050, located in Precinct 1, 2, 3, and 4, and any appropriate action. (Briefing 12-06-05)
14. D) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Copper Canyon for implementation of Texas Local Government Code, §242.001, relative to the Town’s ETJ, located in Precinct 4, and any appropriate action. (Briefing 12-06-05)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0899
ITEM 7 BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal
Department.
NO ACTION
14. B-2) Amendment to correct project name to Boyd Lebanon Road Improvement Project.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0900
ITEM 7 BUDGET
7. D) Approval of Budget Amendment Request #100290 for Cars/Small Trucks and Operating Supplies for Constable, Precinct #2 in the amount of $27,000, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-1-0 (White nay)
Court Order 05-0901
ITEM 13 OTHER DEPARTMENTS
13. B) Approval of a Resolution solely for purposes of satisfying Section 147 (f) of the Code, and for no other purpose, at the request of Atlantic Housing Foundation relating to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) approval associated with certain multifamily housing projects located in Denton County, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Horn nay)
Court Order 05-0902
13. C) Acceptance of the Ex Officio Commissioner Road Report for Precinct 1 for fiscal year 2005, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0903
ITEM 14 LEGAL
14. E) Approval of Chapter 381 Tax Rebate Agreement between Denton County,
Texas, and Stryker Corporation, a California Corporation which desires to lease
property owned by Granite Properties, Inc., located in Flower Mound Texas,
Precinct 3, and any appropriate action.
NO ACTION
14. F) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the Town of Flower Mound and (2) the Town of Trophy Club, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0904
14. G) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (1) the Flower Mound Public Library and (2) the City of Lewisville, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 05-0905
14. H) Approval of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Parker County, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0906
14. I) Approval of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Parker County, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0907
14. J) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the City of Oak Point and (2) the Town of Trophy Club, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 05-0908
Commissioner Mitchell left after Item 14J.
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. Emergency Services
Move to approve continuation of the burn ban by Judge Horn, seconded by Comm.
Carter.
Motion Carried 3-0-0
Court Order 05-0909
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 $ 1,500.00 to Corrington Investigation Consult, incorrect vendor;
$ 400.00 to Alexander, Karen – Atty, incorrect amount;
ADDITIONS—
GENERAL
Veh Maint $ 105.00 to Texas Commission/Environ, underground tank fee – VM;
Non Dept $ 24.00 to Kroger – Denton, holiday lunch;
$ 80.00 to Salerno’s, holiday lunch;
RBE $ 105.00 to Texas Commission/Environ, underground tank fee – RBE;
RBW $ 750.36 to Sempra Energy, svc – RBW.
Move to approve amended bill report by Comm. White seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0910
ITEM 8 HUMAN RESOURCES
8. B) Approve exempting the self-funded portion of the Denton County Public Employee Benefits Cooperative Plan (PEBC EPO Medical Plan, PEBC PPO Medical Plan, and the PEBC PPO Dental Plan) from the requirements of title XXVII of the Public Health Service Act (PHS Act), and any appropriate action. (Briefing 11-29-05)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-0
Court Order 05-0911
8. C) Approve a 2006 adjustment to the Annual Election Limit for Dependent Care Spending Accounts for Highly Compensated Employees, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 05-0912
ITEM 17 RECESS 12:50PM
ITEM 18 RECONVENE 12:50PM
Commissioner Mitchell returned when the court reconvened.
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 12:51PM
Reconvened in Formal Session 1:38PM
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: Possible settlement; Texas Government Code,
Section 551.071 (a)(2); PEBC – Denton County, Texas.
NO ACTION ON ANY OF THE EXECUTIVE ITEMS
ITEM 19 ADJOURNMENT 1:38PM
This set of minutes for December 13, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
