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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 20, 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 20th 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 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 LeDena Ferrell, Chief Administrator to Commissioner, Precinct 4, followed by the Pledges of Allegiance to the American and Texas Flags led by Tom Vaughn.
Ms. Ferrell: Father God, we just thank You for this day that You have given us to enjoy. We thank You, Lord, for the rain that You're sending us today. And we just ask You to send us some more. We need all we can get. And, Lord, we just thank You today for this season that we celebrate the birth of Jesus, and we ask that You help us each to remember the true meaning and the reason for the season is Jesus. Lord, today I ask that You would help the Commissioners Court as they make the decisions for our County and conduct business. And we ask all these things in Jesus' name. Amen.
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 for 14 days by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0913
ITEM 2 CONSENT AGENDA
TREASURER
5. B) Approval of Payroll.
PURCHASING
6. A) Approval of renewal for Printing, Bid #08-04-1633, Section 1 to
Metroplex Finishing, and Section II and III to CLC Business Products, and any
appropriate action. (Briefing 12-13-05)
6. B) Approval of renewal of bid for Diesel, Bid #09-04-1636, to Martin Eagle
Oil Company, and any appropriate action. (Briefing 12-13-05)
6. C) Approval of renewal of contract for Medical Supplies, Bid #10-04-1639 to
Caligor, and any appropriate action. (Briefing 12-13-05)
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.) Gretchen Dye, Deputy Clerk/Tax Assessor-Collector; Kathy Kelton, Deputy Clerk/Tax Assessor-Collector; Leland Krueger, Deputy Constable/Constable, Pct 6; Brian Cormier, Web Designer/Developer/Information Services; Esther Grace Allen, Adult Probation Officer/CSCD (Adult Probation); Joyce Brittain, Administrative Specialist I/Criminal District Attorney; Don Epting, Deputy Sheriff/Sheriff; Thomas Hutson, Deputy Sheriff/Denton County Freshwater Contract; Michelle Haiduk, Deputy Sheriff/Denton County Fresh Water District; Mark Norwood, Deputy Community Policing/Sheriff; Robbie Allmon, Deputy Sheriff/Sheriff.
8. B) Approve revisions to Personnel Policy #2.20-Intern Employment, and any appropriate action. (Briefing 12-13-05)
HEALTH
9. A) Approval of a contract for renewed funding from the Texas Department of State Health Services for HIV Prevention Services in Denton County and any appropriate action. (Briefing 12-13-05)
LEGAL
14. D) Approval of the Contract Amendments to the Real Estate Contract between Denton County, Texas, and James Jordan, Hulen Ray Boliver, Trustee of the Charlsie D. Boliver Revocable Living Trust, Oscar Brewer, Beachside Limited, a Texas Limited Partnership for the purchase of property for the Lake Lewisville Corridor Project, and any appropriate action. (Briefing 12-13-05)
14. E) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Celina for implementation of Texas Local Government Code Section 242.001, relative to the City’s ETJ, located in Precinct 1, and any appropriate action. (Briefing 12-13-05)
14. F) Approval of the Agreement for Installation and Maintenance of Enhanced 9-1-1 Service between Denton County, Texas and 9-1-1 ETC, Incorporated, a Washington corporation, and any appropriate action. (Briefing 12-13-05)
14. H) Approval of Ratification of Public Employee Benefits Cooperative’s (PEBC) representation of indemnity regarding FlexBen Corporation’s transfer of data to the new 2006 administrator of the Flexible Sending Account component of the employee benefit package, and any appropriate action. (Briefing 12-13-05)
14. I) Approval of Amendment #1 to the Flexible Benefits Plan Document of Denton County, and any appropriate action. (Briefing 12-13-05)
14. J) Approval of Amendment #4 to the Agreement For Services For Flexible Spending Accounts/Section 125 Administration between FlexBen Corporation and Denton County, and any appropriate action. (Briefing 12-13-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0914
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. B) Report on the Town of Flower Mound, Texas by Mayor Jody Smith.
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 $ 1,870.00 to Law Office – Christopher Jones, incorrect amount;
$ 3,000.00 to Loveless & Loveless Attys, incorrect vendor;
$ 300.00 to Reynolds, Philip – Attorney, per department;
PH $ 95.00 to Henry, Cynthia – Attorney; incorrect vendor;
CORRECTIONS—
GENERAL $ 10,000.00 to Argyle Volunteer Fire Dept, incorrect vendor – issue to
Aubrey Fire Dept
ADDITIONS—
GENERAL
Print/Mail $ 60,000.00 to U.S. Postmaster, postage – Mail Room;
Tax $ 824.00 to U.S. Postmaster, Box 90223 rent Tax Office;
Misc $ 20.20 to City of Denton Utilities, svc – CCB parking lot;
$ 9,663.09 to City of Denton Utilities, svc – CHOS;
$ 222.57 to City of Denton Utilities, svc – DCGC;
$ 15,975.58 to City of Denton Utilities, svc – Carroll Bldg;
$ 459.54 to City of Denton Utilities, svc – Storage;
$ 861.49 to City of Denton Utilities, svc – Bayless Selby House;
JP#1 $ 45.00 to JP & Constable Assoc, dues – Kenny Kirkland/JP#1;
SO $ 193.30 to Wright Express, gasoline – SO;
DA-CPS $ 120.00 to Taylor County Sheriff’s Dept, service;
Const#4 $ 62.76 to T-Mobile, service – Constable #4;
HR $ 1,500.00 to Creative Communication Network, organizational trainer/HR;
RBE $ 14.63 to First Choice Power, svc – D1;
RBW $ 135.42 to City of Denton Utilities, svc – RB;
$ 45.84 to City of Denton Utilities, svc – RB Lights;
RB – Pct#2 $ 240,002.04 to JRJ Paving, contract labor – PWE;
WIC $ 348.20 to First Choice Power, svc – WIC;
04 Tax Notes $ 147,759.34 to JC Commercial, Fire Marshal & Storage.
Move to approve amended bill report by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0915
ITEM 6 PURCHASING
6. D) Approval of award of Records Management & Imaging System, RFP #04-05-1679, to Affiliated Computer Services, Inc., Option 2, and any appropriate action. (Briefing 12-13-05)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0916
6. E) Approval of award for Voluntary Benefits, RFP #09-05-1728, to Colonial Supplemental Insurance for A) Accident Insurance; B) Short Term Disability; C) Cancer Expense Protection; D) Intensive Care Insurance; and E) Hospital Confinement Insurance, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 05-0917
6. F) Approval of the use of excess FY2003 Tax Notes to purchase mobile file system for the Tax Office and security fence for the generator at the 1505 E. McKinney Street Government Center at a cost of $15,445.29, and any appropriate action.
Commissioner White arrived during the discussion of Item 6F.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0918
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14. B) Approval of the road and utility improvements to Harlington Drive,
(“Project”) and the Interlocal Cooperation Agreement between the City of
Highland Village and Denton County, Texas, for the road and utility improvements
to Harlington Drive, located in Precinct 3, and any appropriate action.
(Briefing 12-13-05)
NO ACTION
14. C) Approval of the Professional Services Agreement for Engineering
Surveying Services and Right-of-Way Engineering Services between Denton County,
Texas, and Teague Nall and Perkins, and any appropriate action. (Briefing
12-13-05)
NO ACTION
14. G) Approval of the Resolution approving the Financing by the North Central Texas Health Facilities Development Corporation of a Health Facility located within Denton County, Texas as required by section 147 (f) of the Internal Revenue Code, and any appropriate action.(Briefing 12-13-05)
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 05-0919
14. K) 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. (Formal 12-13-05)
NO ACTION
14. L) Approval of the proposed amendment to participating provider agreement with AMERIGROUP, Inc., a Medicaid HMO and Denton County, Texas, acting on behalf of the Denton County Health Department, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0920
14. M) Approval of amendments to the Denton County Tax Abatement Policy, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0921
14. N) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Argyle Volunteer Fire Department, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0922
14. O) Approval of the Interlocal Cooperation Agreement for Fire Protection
Services between Denton County, Texas and the Argyle Volunteer Fire Department,
and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0923
14. P) Approval of Amendment #2 to the Flexible Benefits Plan Document of Denton County, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0924
14. Q) Approval of Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Little Elm for implementation of Texas Local Government Code Section 242.001, relative to the Town’s ETJ, located in Precinct 1, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0925
ITEM 16 ADDENDA
16. A) Approve the Final Plat of Marietta Village 1 at Savannah Phase 9, Precinct 1, and any appropriate action. Planning
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0926
16. B) Acceptance of the Donation Deeds for the Michael Road Drainage Project from the following Property Owners: Martin & Norma Matheny, Doyle Gene Jonas, Mary Juanita Knight and Dave Gove to also include a Permanent Drainage Easement, and any appropriate action. DA/Civil Division
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0927
16. C) Approval of the Development Agreement for Traditions Development in Fort Worth ETJ located in Precinct 4, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0928
16. D) Approval of the Escrow Agreement in the amount of $6,000.00, by Burness R. Higgs, an Individual Developer, for the Fall Meadows Phase I and II Addition, Precinct 1, and any appropriate action. DA/Civil
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0929
16. E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the City of Frisco, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0930
16. F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Frisco, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0931
16. G) Approval of the Cooperative Purchasing Agreement between the County of Tarrant, State of Texas and the County of Denton, State of Texas, and any appropriate action. DA/Civil Division
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0932
16. H) Approval and authorization of County Judge to sign letter requesting an extension of the start date for the Criminal District Attorney’s 421-Juvenile Child Abuse to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0933
16. I) Approval of the Amended Agreement between the City of Denton and the Denton County Historical Commission, Inc., for the payment and use of Hotel Tax Revenue in support of the Denton County Historical Commission, Inc. (FY 2006), and any appropriate action. DA/Civil
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0934
16. J) Approval and authorization of County Judge to sign approval of highest elected official of Denton County, Texas as required by section 147 (f) of the Internal Revenue Code for the refinancing of existing debt and financing a new high school and related facilities for Liberty Christian School, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0935
16. K) Approve Resolution Supporting the Application for Law Enforcement Academy License with the Texas Commission of Law Enforcement Officer Standards and Education, and any appropriate action. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0936
16. L) Approve and Authorize the Sheriff’s Office to execute and submit an Application for a Law Enforcement Academy License with the Texas Commission of Law Enforcement Officer Standards and Education, and any appropriate action. DA/Civil
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0937
ITEM 17 RECESS 10:16AM
ITEM 18 RECONVENE 10:17AM
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 10:18AM
Reconvened in Formal Session 11:00AM
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 M. Paton, Plaintiff v. Denton County/Denton
County Information Services, Defendant, Cause No: 2:05-cv-00125-DF, pending in
the United States District Court for the Eastern District of Texas, Marshall
Division.
NO ACTION ON ANY OF THE ABOVE EXECUTIVE ITEMS
16. M) EXECUTIVE SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Michelle A. Chow, Chapter 7 Trustee, Plaintiff v. Cynthia Mitchell, in her official capacity as Denton County Clerk & Elizabeth A. Rohr, Debtor, Defendants, Cause No: 04-44682 (Chapter 7), Adversary No. 05-04255, pending in the United States Bankruptcy Court Eastern District of Texas Sherman Division. DA/Civil
Move to approve assigning this case to the Civil Division of the District
Attorney’s Office by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0938
ITEM 19 ADJOURNMENT 11:01AM
This set of minutes for December 20, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
