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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 August 9, 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 9th day of August, 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, Jim Carter and Bobbie Mitchell were present, along with County Clerk Cynthia Mitchell’s representative, Senior Administrator to Commissioners Court, 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 Chris Noland.
Ms. Ferrell: Father, it's with a thankful heart today that we come before
You. We just thank You for bringing our astronauts safely home this morning. We
ask, Father, that You would comfort the family of Private First Class Dallas and
that You would just comfort them in their time of grief. We pray for our
military men and women around the world that You would keep them safe, and
Father, today we ask for wisdom for our Commissioners Court that -- as they make
important decisions for Denton County. And we ask all of these things in Jesus'
name. Amen.
ITEM 16 ADDENDA
16. A) Presentation of Appraisal District’s practices and the subsequent effect on the tax rate and any appropriate action. Commissioner, Precinct #1
NO ACTION
ITEM 1 PUBLIC INPUT
Judge Horn read a public comment form from Hilltown Homeowners expressing their concerns regarding the owners utilization and permitted OSSFS (onsite septic sewage facilities).
ITEM 7 BUDGET
7. G) Presentation of the effective and rollback tax rates for Denton County for tax year 2005, and any appropriate action. (Formal 8-02-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0517
ITEM 8 HUMAN RESOURCES
8. B) Approve authorizing Diana Kongevick, Director of PEBC, as the Retiree Drug Subsidy (RDS) Account Manager, and any appropriate action. (Formal 8-02-05)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0518
ITEM 2 CONSENT AGENDA
TREASURER
5. D) Approval of Payroll.
PURCHASING
6. A) Approval of renewal of contract for Janitorial Services, Bid #06-02-1494, to Members Building Maintenance, and any appropriate action. (Briefing 8-02-05)
6. B) Approval of renewal of Bid #06-04-1625 for Office Furniture, to Texas Furniture Source, Inc. , and any appropriate action. (Briefing 8-02-05)
6. C) Approval of renewal of RFP for Pharmaceutical Services, RFP #06-04-1626, Diamond Pharmacy Service, and any appropriate action. (Briefing 8-02-05)
6. D) Approval of renewal of bid for Uniform Rental, Bid #07-03-1572, to Unifirst, and any appropriate action. (Briefing 8-02-05)
6. E) Approval of specifications and authority to advertise for Hot Mix Asphaltic Concrete Pavement, Bid #07-05-1714, and any appropriate action. (Briefing 8-02-05)
6. F) Approval of renewal of Medical Laboratory Services-Human Resources, RFP #09-03-1582, to Pinnacel Diagnostics and Laboratories, and any appropriate action. (Briefing 8-02-05)
6. G) Approval of specifications and authority to advertise for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #07-05-1715, and any appropriate action. (Briefing 8-02-05)
BUDGET
7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
7. C) Approval of Budget Amendment Request #101490 for Repairs and Maintenance for Lee Walker Government Center in the amount of $500, and any appropriate action. (Briefing 8-02-05)
7. D) Approval of Budget Amendment Request #101500 for Repairs and Maintenance for Lee Walker Government Center in the amount of $1,000, and any appropriate action. (Briefing 8-02-05)
7. E) Approval of Budget Amendment Request #101510 for Lease Payments for Road and Bridge, Precinct #1 in the amount of $10,000, and any appropriate action. (Briefing 8-02-05)
7. H) Approval of Budget Amendment Request #101560 for Law/Reference Books for Sheriff’s Communications Division in the amount of $513, and any appropriate action.
7. I) Approval of Budget Amendment Request #101600 for Court Appointed Attorneys for 16th District Court in the amount of $15,000, and any appropriate action.
7. J) Approval of Budget Amendment Request #101650 for various line items for Sheriff’s Department in the amount of $2,890, 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.) Jennifer Harbour, Senior Administrator/County Clerk; Martha Gallegos, Office Support Specialist I/County Clerk; Michelle Haynes, Pre-Bar Misdemeanor Prosecutor/Criminal District Attorney; Wingate Williams, Deputy Constable (PT)/Northwest ISD ASAP Officer; Justin Yates, Deputy Constable/Constable, Pct. 6; Jim Conatser, Driver/Equipment Operator/Road & Bridge, Pct. 4; Sean Kinney, Detention Officer I/County Jail; Rex Larson, Detention Officer I/County Jail; Kayla Barrow-Price, Detention Officer I/County Jail.
PUBLIC WORKS
10. A) Approval of the Amended Agreement for the Aircheck Texas Repair and Replacement Assistance Program, and any appropriate action. (Briefing 8-02-05)
OTHER DEPARTMENTS
13. C) Approval of Building Usage Request from Denton County Democratic Party Executive Committee for use of the Commissioners Courtroom at the CHOS on the 2nd Thursday of each month for the purpose of a monthly meeting from 6:30 pm to 9:00 pm, and any appropriate action. (Briefing 8-02-05)
LEGAL
14. B) Approval of the renewal of the VINE Maintenance Contract between Denton County, Texas and the Office of the Attorney General of Texas, and any appropriate action. (Briefing 8-02-05)
14. C) Approval of Change Order #2 for Litsey Road Phase 1 Construction Contract with Conatser for a total increase of $5,038.25, Precinct #4, and any appropriate action. (Briefing 8-02-05)
14. D) Approval of Halff Associates Supplement Agreement for the FM 2934 project in the Lake Lewisville Corridor in the amount of $20,690.50, Precinct #1, and any appropriate action. (Briefing 8-02-05)Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0519
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3. A) Approval of any possible action on a disaster declaration for the prevention of wildland fires due to drought conditions in Denton County. Fire Marshal/Emergency Management
Move to approve continuation of the burn ban by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0520
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 $ 100.00 to Nunez, Aurora Flores – Interpreter, wrong vendor;
CORRECTIONS—
R&B EAST $ 36,000.00 to Philpott Ford, total should be $39,996.50 – keyed as
$3,996.50;
ADDITIONS—
GENERAL
SO $ 400.00 to Armor Training Academy, reg fee – 4 employees/S.O.;
Juv – Detention $ 210.00 to Olive Branch Pizza, pizza for graduation lunch.Move to approve amended bill report and auditor’s monthly financial report for June 2005 by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-05215. B) FOR RECORDING PURPOSES ONLY: Approve the Annual Audit Report of the Jail Commissary Operations for the Period of 10/1/2003 to 9/30/2004, and any appropriate action. (Briefing 8-02-05)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-05225. C) Approve the Denton County Investment Report for the Quarter Ended 6/30/2005, and any appropriate action. (Briefing 8-02-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0523
ITEM 7 BUDGET
7. F) Approval of Budget Amendment Request #101550 for various line items including the transfer of $61,692 from Non-Departmental Unappropriated Regular Contingency for County Operations and Various County Building’s in the amount of $247,989, and any appropriate action. (Briefing 8-02-05)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0524
ITEM 12 SHERIFF
12. A) Approve Federal Equitable Sharing Agreement between Denton County, the Denton County Sheriff’s Office, U.S. Department of Justice and the U.S. Department of the Treasury, and any appropriate action. (Briefing 8-02-05)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0525
ITEM 13 OTHER DEPARTMENTS
13. A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, and any appropriate action. County Judge
NO ACTION13. B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds, and TxDOT’s MOU. Commissioner, Precinct #2
NO ACTION
ITEM 14 LEGAL
14. A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
ITEM 16 ADDENDA
16. B) Approve the drawing of names from the 2004 Grand Jury to serve on the Denton County Salary Grievance Committee, and any appropriate action. Aide-to-the-Court
NO ACTION16. C) Approval of award of bid for Wynnwood Haven Subdivision Street Rehabilitation Project, Bid #07-05-11707, to JRJ Paving, Inc. , and any appropriate action. Purchasing
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-052616. D) Approval of (1) extending delivery date of Mobile Command Vehicle to September 15, 1005, and (2) approval of the extended Performance Bond with AK Specialty Vehicles, and any appropriate action. Legal
HOLD UNTIL AFTER EXECUTIVE SESSION16. E) Approval of the Escrow Agreement in the amount of $6,000.00, by S & T Custom Homes, Inc., a Texas Domestic Corporation, for the Hunnington Ridge Addition Subdivision Precinct #1, and any appropriate action. Legal
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-052716. F) Approval of (1) the Real Estate Contract between Denton County, Texas, Zena Land Development, L.P.; ACLP ATTILA Construction Company L.P.; and FM 2181 Ltd. For the FM 2499, Section 4 Road Improvement right-of-way acquisition Project, 2) authorization to proceed with closing of the purchase of the Zena Land Development, L.P.; ACLP ATTILA Construction Company, LP Properties, 3) authorization for the County Judge to sign all necessary closing documents for the purchase of the Zena Land Development, L.P.; ACLP ATTILA Construction Company, LP properties, and 4) direction for the County Auditor to issue warrants and closing fees for the purchase of the Zena Land Development, LP.; ACLP ATTILA Construction Company, LP Properties, and any appropriate action. Legal
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0528
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 10:13AM
Reconvened in Formal Session 11:22AM15. 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.
16. G) EXECUTIVE SESSION: Real Property: Texas Government Code, Section 551.072: Discussion and deliberation concerning possible purchase of real estate for County Building Usage, and any appropriate action. Legal
16. H) EXECUTIVE SESSION: Potential Litigation, Texas Local Government Code, Section 551.071 (1)(A); Discussion of potential claim against and contract with AK Specialty Vehicles, and any appropriate action. Legal
16. I) EXECUTIVE SESSION: Deliberation about Real Property: Texas Government Code, Section 551.072; Zena Land Development, LP; ACLP ATTILA Construction Company, L.P.; and FM 2181 Ltd. Right-of-Way Acquisition for the FM 2499, Section 5 Road Project, and any appropriate action. Legal
NO ACTION ON ANY EXECUTIVE ITEMS
ITEM 16 ADDENDA
16. D) Approval of (1) extending delivery date of Mobile Command Vehicle to September 15, 1005, and (2) approval of the extended Performance Bond with AK Specialty Vehicles, and any appropriate action. Legal
Move to approve with amendment that the extension would be at no additional cost by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0529
ITEM 17 RECESS 11:25AM
ITEM 18 RECONVENE 1:10PM
ITEM 7 BUDGET
7. B) Approval of any action related to the 2005-2006 Denton County Budget.
Below you will find brief descriptions of what took place during the Budget Appeals. Please see www.dentoncounty.com for the video of the meeting or contact the County Clerk’s Office for the tapes to hear the exact conversations.
Potential Projects for Tax Notes
Discussed list of potential projects for the tax notes.
Criminal Justice Systems Upgrade
Discussed upgrade to the Criminal Justice System. Kevin Carr gave a
presentation.
Government Centers
Discussed government centers under potential projects for tax notes.
Library Discussions
7. B-10) Accept the Denton County Library Board’s recommended list of funding
for Budget Year 2005-2006 as in the written proposal.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0530
Potential Projects for Tax Notes
Discussed the layout and features of the Flower Mound Government Center.
7. B-7a) Keep the amount of money ($3,407,389.00) listed in the Potential Projects for Tax Note Consideration for FT 2005 for Precinct #4 Government Center; still address the details, but the money will stay there.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0531
Discussed tax notes.
7. B-7b) Approve $3.9 million to be in the 2005 Tax Note Issuance for the land purchase for government center.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0532
7. B-7c) Approve $3 million in the 2006 Tax Note Issuance for Precinct #1 Government Center.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0533
ITEM 16 ADDENDA
16. G) Authorize County Judge to go forward with the contractual obligations for
real estate purchase of $3.9 million.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0534
ITEM 7 BUDGET
7. B) Approval of any action related to the 2005-2006 Denton County Budget.
BUDGET DISCUSSION CONTINUED
Potential Projects for Tax Notes
7. B-7d) Approve placing $300,000 in the 2005 Tax Note Issuance for Pre-Trial
Center.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0535
Implementation of an Energy Conservation Plan
Discussed the implementation of an energy conservation plan.
Potential Projects for Tax Notes
7. B-7e) Change $4 million to $500,000 to upgrade the Criminal Justice System in
Tax Note Issuance for 2006.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0536
Road & Bridge Revenue
Discussed road & bridge revenue.
CPS – Office Rent
7. B-1) Approve Increase – Office Rent ($5,200.26 a month) for Child Protective
Services for a total of $62,404.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0537
NCTCOG Aging Program Increase
7. B-14) Approve Increase – NCTCOG – Aging Programs Request for Appropriations
for $1,129.00.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0538
Commissioners Court Training and Education
7. B-5) Take $5,000 out of Commissioners Court Training and Education and
distribute $1,000 to each of the Commissioners’ budgets and the County Judge’s
budget.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 05-0539
Emergency Management – Vehicle Appeal
7. B-8) Approve Replacement Vehicle for Emergency Management. Purchase a Ford
Expedition for $27,500.
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 3-2-0 (White & Jacobs nay)
Court Order 05-0540
Other Discussions
7. B-16a) Increase taxes from effective rate for $349,542.
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 05-0541
Constable, Pct #3 – Training Expense
7. B-13) Add back training for Constable Precinct #3 – No funding requested or
included in the recommended budget; add $200.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 05-0542
County Auditor – Office Supplies and Training Expenses
7. B-12) Add back $500 for office supplies and training for County Auditor based
on statute.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 05-0543
Equity Adjustment – Three (3) Department Heads
7. B-15a) Approve equity adjustment for the Director of Human Resources;
increase by $6,966 to get to 100% of market.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 05-0544
7. B-15b) Approve equity adjustment for the Director of Public Works; increase by $16,939 to get to 100% of market.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-2-0 (Mitchell & Carter nay)
Court Order 05-0545
7. B-15c) Approve equity adjustment for the Fire Marshal; increase by $11,533 to get to 100% of market.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 05-0546
Commissioner White had to leave meeting.
Road & Bridge Revenue
7. B-3) Approve Increase – Additional 5% Auto Registration Fee in Road and
Bridge; add $200,000 to Road and Bridge Fund.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0547
Other Discussions
Discussed the Health Care Relief Fund.
7. B-16b) Approve including T21 funding of $25,000 for this year.
Move to approve by Comm. Jacobs.
Motion Failed due to lack of second.
Collection Program for Court Costs
James Wells informed the court of new legislation for a collections program that
covers all three levels of court.
7. K-1) Approval of proposed tax rate for 2005 or Denton County, including:
1. determine the level of funding required for the FY2006budget
2. determine the proposed tax rate for tax year 2005
3. take a record vote on the proposed tax rate
4. schedule a public hearings n proposed rate
Move to approve proposed 2005 tax rate of .24648 by Judge Horn, seconded by
Comm. Carter.
Motion Carried 4-0-0
Court Order 05-0548
7. K-2) Approval of proposed tax rate for 2005 or Denton County, including:
1. determine the level of funding required for the FY2006budget
2. determine the proposed tax rate for tax year 2005
3. take a record vote on the proposed tax rate
4. schedule a public hearings n proposed rate
Move to approve scheduling the 1st public hearing on August 23, 2005 at
10:00am and scheduling the 2nd public hearing on August 30, 2005 at 10:00am;
both during the Commissioners Court meeting at the Courthouse on the Square in
Denton, TX by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 05-0549
ITEM 19 ADJOURNMENT 4:24PM
This set of minutes for August 9, 2005, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.
