Mr. Curtis, is it convene? Not reconvene. It's Tuesday, October 14th. This morning our invocation will be given by Commissioner Ron Marchett. And our pledges will be led by Amy Phillips, our Director of Human Resources, please stand. Let's go to Greg. As questions have been called in, thank the Pacific War, this is a meeting with Ms. I think we brought out a license I'm a Christian, so I'm a colony of the Pacific War, this means to be in the U.S. They think it brought out a license that you give to us and best know on your own word. So we pray that you use us today, and I can liberate you today. We've used the wisdom, the knowledge, and the information that you give us and make decisions about the six months that I want you to be. acknowledge and information that you give up in the United States that are the situations that electricity could be created. You would protect those there and harm the way around the world that is protecting us. You would create the virus and a front-right foundation. You would please offer through that protect this daily and respond to our emergency. You would create for all these things because we know that we will bless us and answer all the things we need to understand and we pray to keep them in. Yes. I was raised to the fact of the United States of America and to the Republic for British Thanksgiving's one nation under God, the invisible, the liberty and justice for all. On the Texas flag, I pledge allegiance to the Texas one shape under God, one in the indivisible. Well, thank you for waiting, everyone. We had a very special event this morning at Opportunity Regional Water District. It was the 25th anniversary of day one for them. And they've come a long way and now with the approval of the new Lake Rolf Hall that's going to be constructed to our north, it'll go a long way to addressing the water needs for this region for many, many years to come. In case you don't know at Lake Ralph Hall when you got the approval to go forward with that, that was the first lake approved in the state of Texas in over 25 years, so that's huge. Okay, let's get with it so we can get through here as quickly as can. I'm going to first go to item 3B on the agenda. 3B is a presentation by the Texas Association of Counties, TAC, recognizing Devin County for 40 years of membership in the association's risk management pool. And Rick Avery, would you like to come to the podium? Good morning, thank you for waiting for us. Good morning. Hi, my name is Rick Avery, and I'm with the Texas Association of Counties. I'm a county relations officer with TAC, and it is indeed a privilege to be here today before the court to present the county with an award that we're doing around the state this year to recognize the for the 50 original members of our risk management pool, which is now 40 years old. We are highlighting the visionary leadership that previous court showed 40 years ago when this pool was coming together. And I think I saw that Judge Todd, Tom Todd was the judge at that point here in Denton County and also to recognize the ongoing leadership that you provide in being a part of this pool and hopefully we can all work together for another 40 years and for a common goal in this area. Like I said, it is a pleasure to be here and I have Todd Kistle with me today, who some of you may have met already, who works with our RMS with the risk management pool and he has a presentation he wants to make to you today. Good morning Judge Commissioner. It's our pleasure to be here to present this recognition of 40 years of service into the attack risk management pool workers comp program. We truly appreciate the honor and the privilege to handle your workers compensation. Work very well with you and your departments in handling the safety for the employees of Denton County and look forward to continuing to do so. Thank you very much. Thank you. Gustavo, you're the one that does all the hard work. You come up here and accept this on behalf of Denton County. Yeah. Thank you. You're the one that does all the hard work. You come up here and accept this on behalf of Denton County. Yeah. Thank you. Well, I didn't know that I was going to be on the spot. So, well, actually, I just want to thank you guys for supporting us. The sheriff department always here to help us with everything. This is a team effort. They made my job really, really easy. I have all the departments here that, the department heads that are always willing to help us. Commissioner Conner, commissioner Eitz, your group always helpful. You just made my job easy. Yeah. Well, we appreciate tech and very glad to have been part of it for all of these years. Thank you so much for being here this morning. Thank you. That's a beautiful plan. Very unusual. Very heavy. That's why I sent you up there to get it. Yeah, don't hurt yourself. No, I'm the job injuries. Yeah, lift with your knees. Just follow. Lift with your knees. Okay, trying to be considered of people's time here. Do we have someone from span here? I thought so. Okay, we're gonna go to 3A on the agenda. 3A is approval of the resolution for span incorporated related to an application for grant funds from the Texas-Fronted Agriculture for the Home Delivered Meal Grant Program. Good morning. Good morning, Deborah Batson with span. This is our usual annual request to ask you to certify the supporting funds that you provide to our organization to enable us to get additional funding out of Department of Agriculture. Outstanding. Let me do this resolution right quickly. It's a resolution authorizing county grant, Texas Department of Agriculture, Home Delivery Meal Grant Program, a resolution of the County of Denton, Texas, certifying that the county has made a grant to span and incorporated an organization that provides home delivered meals to homebound persons in the county who are elderly and or have a disability in certifying that the county has approved the organization's accounting system or fiscal agent. Whereas the organization desires to apply for grant funds from the Texas Department of Agriculture to supplement and extend existing services home-bound persons in the county who are elderly and or have a disability person to the home delivered meal grant program. And whereas the program rules require the county in which an organization is providing home delivered meal services to make a grant to the organization in order for the organization to be eligible to receive program grant funds. And whereas the program rule requires rules require the county to approve the organization's accounting system a grant to the organization in the amount of $73,192 to be used between the 1st of October 2014 and the 30th of September 2015. Section 2, the county hereby certifies that the organization provides home delivered meals to homebound persons in the county who are elderly, order, have a end or have a disability in section three, the county here by certifies that it is approved the organization's accounting system or fiscal agent. The chair will some move. I will say seconded by Commissioner Marchin. On favor please say aye. Opposed? A name? Motion is carrying anlessly. Thank you very much for being here. Okay. Well item one is for public. I don't put for items not listed on the agenda. If they remember the member of the public that would like to address the commissioner's court, we ask that you please complete a public comment form. Please also remember to turn off your cell phones and pages. Members item two is the consent agenda. Do we have a motion or do we have any questions? Motion by Commissioner Coleman, seconded by Commissioner Marchant. On favor, please say aye. Aye, opposed to the need. Motion carries. I'm not going to read all the Consent Agenda in the interest of time. We're going to move right on now to item 5A on the agenda which is approval bill report payments from CSCD, Community Corrections, T-A-I-P, Shares, Train, Shares, Forfeiture, B-I-T, Interest, D-H-F-E, N-D-A, Forfeiture funds are all presented for recording purposes only. Good morning, James Wells. Morning, Judge Commissioner. It has approval to bills as presented with one addition from the General fund noted on separate page. Are there any questions that we have a motion? Assembly. Motion by Commissioner Marchant, seconded by Commissioner Coleman. Hearing no questions on favor, please say aye. Aye. Opposed to the name? Motion does carry. 6A is approval of award of RFP 06142262 for construction of the Denton County Government Center, Cure Up with the expansion project to rapid constructors LLP and the amount of $2,626,000 inclusive of $100,000 contingency allowance. The funding to come from 2013 permanent improvement bonds, line item 7875209020. We'll call on Bethlemagne. Good morning. The committee does unanimously recommend approval to reclip this morning. We are also actively going through a value engineering process to look for savings before contractors presented back to Commissioner's Court. Thank you. Thank you for approval. We have a motion by Commissioner Margin. Seconded by Commissioner Coleman. I have your questions. You're none on favor please say aye. Aye opposed to need. Motion does carry. Did you need something commissioner? All right. Okay. 7a is approval of budget amendment quest 100120 to increase revenues and allocate expenditures for salary assistance benefits and various operating in line items for the event or court grant in the amount of $150,000. Motion by Commissioner Ease. Seconded by Commissioner Mitchell. Hearing no questions on favor, please say aye. Aye. Opposed to name. Motion does carry. 7b is approval of budget amendment request 100130 to increase revenues and allocate expenditures for various operating lie-downs for the hotel occupancy tax funds tourism grant 2015 in the amount of $113,999. Motion by Commissioner Ead, seconded by Commissioner Mitchell. Can we all say a hallelujah? Yay. All in favor, please say aye. Aye. Opposed, any? Motion does carry. 7C is approval of budget and member quest 100140 to reallocate funds within the office of history and culture in the amount of $11,791 including approval to request to increase the hours of the part-time tourism coordinator from 20 hours per week to 30 hours per week. Motion by Commissioner Eads. Seconded by Commissioner Mitchell. Questions or comments? Yes, Judge Horn. I want to ask, so this is basically turning them to a full time employee. Where they receive in retirement before hand as a part time employee. Where they receive in retirement beforehand as a part time employee. Are you at retirement eligible? Now we're having the... And my other question is, and I guess I wanted to ask the wonderful people at the office of history and culture. Why didn't we propose this employee during the budget process instead of having to propose part time? And then I guess my other question is, when I was going through this last night, it looks like you shifted a lot of funds within your budget. Are you going to come back and say you have a short fall in ask as to backfill? Those are my three questions. I understand and we did look at all of your questions. We did look at all of your questions. We had some hot funds from this past year, which this grant ended September 30th. And so we were able to bring our tourism coordinator education, person gradle, a room, onto 29 hours a week. And what we saw was an increase in volunteers and an increase in our school tour program. And it just, it grew. And we only have one person doing that particular job. So we looked at our contract labor funds. And we decided as a staff and excuse me through consulting with Gretel and everyone else we could think of that. It would be better for us to move our contract labor funds into her position so she could continue to grow our education program and our outreach to schools and the training of our volunteers so they can do those programs for us. And so what that will mean is we're giving up our contract labor funds until January when our hot funds kick in which provide us with contract labor through that grant. So we're going to, we're going to all chip in and make do with the times, the services that our contract labor folks have been doing and we're all going to do those duties, which are mainly overseeing the historical park museums, but we do that with volunteers too. Does that answer your question? And no, we're not going to come back and ask for any more money for this position. I mean, I love the office of history and culture and all that. And I always think maybe we should rename it because it sounds like some sort of Soviet ministry. Oh. I don't know what it would be, but I always like the historical commission. That was pretty fun. But my concern is that we should have been able to anticipate this in the budget. And the thing that really caught my eye was changing it from 29 hours to 30. Okay. Because it seems like we're contributing a lot more money to it and we're really only increasing the person by one hour. Well she went... I was like that doesn't make sense to me. Well she did go back to 20 hours beginning not to be first and in the past that position was partially funded through the hotel occupancy tax but that... Are we shifting those taxes elsewhere then? No, well, we're using, that grant starts in January. And so that provides us with contract labor funds, which will help us with the accessioning of collections and processing collections and that type of thing. But we actually, her set her hours did go back to 20 hours per week as funded through the county budget. It becomes a nightmare to the budget office because the hot funds grant is for one year and it starts in January. And so it was a real nightmare for them. So Donna worked with us on making a county position at the 20 hours. And then we just ask if there was any way we could up her hours to meet the needs for the education program. And I understand that. And I really want to draw traffic to our wonderful attraction, but I don't think you've explained it's basically an increase from 29 hours to 30 hours. It was 20. It was 20, 20, it was 20, sorry, it was 20 beginning in October 1st. It was 29 because we had hot funds left from the 2014 grant. So she was paid those nine extra hours with the hot funds money. For a short period of time. I know that I know I've been told that a foolish consistency is the hobgobble note of feeble mine but you know the other thing that I've talked about is when the sheriff's department right after the budget department came in and saw the additional employees and stuff I still had questions for them asking them why we didn't because you know we all go through the budget process. I want them. But you know, national teeth and rendering of hair, and a huge, you know, convoluted process. And it's what is the date? It's barely 14, two weeks into it. Now you're asking us to make a full time employee. Which is a 30 hours a week is a full time employee. But like Bobby, you always mention about grand employees. Yeah. They're going to drop off? And then we have a full time employee. And then it drops off. And then we don't really fund it. Right. And I still have those concerns. But you know, those were grant funds that you did not have until when the hot funds. Hot funds, yeah. They, that grant for 2014 was January through September 30th. Okay. grant for 2014 was January through September 30th. And then that went away. So we used part of that to fund her 29th, right, at the 9 extra hours. And then we have the money that this is not increasing our budget. It's coming from our contract labor funds. And we just want to shift that to go towards her and then be beginning in January. We'll get the grant, need grant funds. So you couldn't really ask for a new employee when you didn't have the funds for you. And I think it's, it's that the bottom line budget doesn't change. You're just paying for it in a different way. I think it's important to note that what we're doing is shifting the contract personnel, which we have contractually with these people, they're ours, reducing those hours and allocated them over to Gretel's position. And I think it's a good problem to have because she is able to, in government, we should all be about leveraging. She's leveraging the money that we spend with Gretel is leveraging our volunteer hours. And I appreciate your concerns, Commissioner Coleman. She's leveraging the money that we spend with Gretel is leveraging our volunteer hours. And I appreciate your concerns, Commissioner Coleman, and I understand your questions. But we've spent some time with Donna going over this. And when you've got different fiscal years that are as far as the city of Ditton with their hot finds, and we do appreciate the city of Dittin and their participation and shared vision. We're trying to marry the two of those budget cycles together and I think this is worthy endeavor and it does not increase our budget. But it's shifting the money around. But we all when it comes to the benefit part of it. I think so. I'm the retirement when it comes to the benefit. Is that I think? I'm the retirement because we were a 29 hour employee, which would not require benefit or any benefits in this memo, talks about she's not requesting insurance. And so if we have to pick up another one, we then have to do an executive budget amendment. And then we may just have to wait a year to fill the position or something if she were to leave because we, you know, we'll have, I mean, I, she is not taking the health care because she's on Medicare. So. And I respect everybody exercising their own personal financial discipline, but for instance, we have an operator three position that hasn't had any applications, right? And I could very easily, you know, it's been open for several months, which is for the one of the main focuses of the county, which is doing rodent bridges, right? I mean, we're really not dictated to do museums. This is one of our anslaire, but not one of our core functions. Exactly. I resist the urge of coming to the court and saying, hey, you need to give this position a mid-budget year increase because I can't get any applicants. Because I use my financial discipline and say, you know, I should have done something during the budget process. I'm going to have to wait till the next year. And I think we need to hold pretty much everybody accountable to the same standard. In my opinion, because otherwise we would all be having exigent circumstances that will require us to increase the budget and give additional funds and start doing different employees. That's just my point. You know, we're not increasing the budget here. This is over shifting funds around. We are making mid budget year adjustments. So I'd be okay with taking longevity pay that wasn't used, but budgeted to increase the salary to lower new employee. I don't think you increase in the salary, and I think that's where the difference is, is you increase in the time. The salary itself has not been increased. The obesity is, it may be increased, is it Amy? But, uh, the hourly rate is not being increased at all. It's the word hours. The amount of labor. Um, the amount of labor would have been used for contract labor. There's not really any increase. It's a transfer within departments. But the point I believe the commissioner has made is that when it becomes the 30 hour, there's other expenses that are that are part of this that are even if she denies or doesn't want the insurance, there's still other benefits and ramifications of that. What would the problem cease to exist if she's not taking any of those benefits or not interested in those benefits? In her back to 29 hour a week. to a 29 hour week. Well, it was, it was explained to me that we had the money in our budget. I understand. And to cover all of those, but if she were to vacate that position, that's when we'd have to revisit this. I mean, but we all have salary contingency money. We all have, you know, and particularly Andy and I, I mean, I don't know how many employees Andy has, but we have have salary contingency money. We all have, you know, in particularly Andy and I, I mean, I don't know how many employees Andy has, but we have almost 40. There's always time where we don't have an employee in there and we're going to have money left over. You know, typically, they'll just say, you can give it to us in time. I'm department, you do. Typically, restricted, but we generally don't ask for that money to fund a position for more hours or more contract in order to lure an employee. Because that's one of kind of not to say, not to quote John Cerville, but it's kind of our social contract that we all agree during the budget process to ask those such requests. Would you feel more comfortable with 29 hours? Oh, or I just think it's something we all need to consider. And I know that people are different. I know that people's situations are different. But I think that, like I said, a foes consistency can be not a good idea. I just think it's a good thing to lend discussion for us to consider. Absolutely. I move for approval for the position and the budget amendment for 29 hours. 29 hours? Yes. I'll second that. I'll tell you, Andy, if you want to do 30 hours, I don't have a problem with that. I just thought it was something you needed to discuss. I appreciate the sentiments and the questions. I think it's our budget director who we've all have great confidence in, is not present today. But we have worked with her for several weeks about this and looking at the other employees reducing contract labor. Which it's not taking, it's not a full time employee, it's contract labor. And reducing that down, being frugal, working within our budget. We're doing exactly that and also being very nimble. Government sometimes is not nimble in responsive and I think there we are being nimble and responsive. And using this position to leverage our volunteer hours and part of this for the last budget year and also through this Donna felt that it was part of a cleanup as far as how we were funding it with the hot funds and so forth. And Peggy gave us more details about that. I think she alluded that earlier. So I mean it is with the guidance and consultation of our departments. I think so. Well like I said I'd offer an amendment to your motion to make it 30 hours if you saw all of the looks at that. But I just to me I just think it's something we all need to discuss. Absolutely. I love the conversation. I love the conversation. I love the conversation. It's just our front bridge. And do we have a second for the amended motion? Bobby, we have to. Bobby, it's free to that. For Andy, seconding the motion. OK. Further discussion, Commissioner Marchion. Yeah. And I'm not correcting you. But let me not be wronging you but what I'm offering to you is that that in the past I would be very very open for you or Andy or any other commissioners are the judge that if there was a particular position at any given time that was hard to feel and there was a reason for it within a budget year, not during a budget process, to make some amendments that you're staying within the budget, within the constraints of the budget and you're disciplined within that restraint. I would be open to hearing any of that. I can remember I can remember us talking about this same thing for jail health. Right. And how we made a special emphasis and we made a change in salary packages and incentives to bring jail health and it was within the context of their existing and not only jail health, but we are also early on in 2007, I believe, or 2008, we were having real hard time feeling any kind of IT position. We had a special emphasis within the middle of the year to within the budgeted frame of helping to recruit more of those positions. So I'm totally open to that. If you have anything that would come before this court to help you hire some people, believe me, I'm totally open to that. I mean, to have that long without an operator, I don't know. I think I'm the one. I think I'm the one commission who co-op. I'll tell you this, Ron. I really appreciate it. But also, I have to compliment the core and Amy on their diligence because last year, not this budget, but we did do a comprehensive study and, you know, Amy Phillips did a great job helping us and we did do a comprehensive study and Amy Phillips did a great job helping us and we did do a substantial increase for the Ruben Bridge people. And so when I told my employee, I said, you know, when they said I was like, look, we got a waiting year because you got that last year and we need to let the market kind of set out before. But we also did it during the budget process. And to me, you know, when we do it through the budget process, things are a lot better, better, better, better, better. Something like that than something like this. And I think I'm the one that's always having a problem with it being done outside budget process. OK, we have a motion. Second and a four. We ready to vote. On favor, please say aye. Aye. Post a need. Second on the floor. We ready to vote. On favor, please say aye. Aye. Opposed to the seat. Motion carries. Thank you. Thank you very much. Okay. 7D is approval of budget member quest 100150 for vehicle repairs, including the transfer of funds from non-departmental and appropriated vehicle repair contingency for county treasurer in the amount of $1,120. Motion by commissioner Mitchell, seconded by Commissioner Marchant. Hearing no questions, on favor please say aye. Aye. Aye, post and in. Motion carries. Tanae is approval of final acceptance of the FM 1173 left hand turn lane project. This is in Commissioner precinct four. Motion by Commissioner Ead, seconded by Commissioner Marchant. All in favor, please say aye. Aye. Aye. Posting a motion carries. 13A is approval of appointment of Mr. Sean Healy to the Child Protection Services Board to replace Kristen Pennell. I'll move for approval. Motion by Commissioner Clamin, seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Aye. Posting a motion carries. 13B is approval of the reappointment of Dr. Betty Mayer's to the MHMR Board of Trustees. I'll move for approval. Motion by Commissioner Coleman. Seconded by Commissioner Marchand. I'll in favor of the motion. Aye. Opposed to the motion. Motion carries. 13c is approval of the appointment of Mr. Rebecca Lewis to the Child Protective Services Board. I move for approval. Motion by Commissioner Coleman, seconded by Commissioner Marchand. All in favor, please say aye. Aye. Opposed, aye. Nane. Motion does carry. 13D is approval of the reappointment of Ms. Tiffany Hartley to the Den Kani M.H. on our Board of Trustees. I move for approval. Motion by Commissioner Coleman, seconded by Commissioner Marchandall. In favor, please say aye. Aye. Aye. Opposed to the name. Motion carries. 14 A's approval order setting in November 4, 2014 at 9 a.m. is the date and time to conduct a public hearing before the Dan County Commissioner's Court to consider changing the name of a portion of Robeson Ranch Road to Yarborough Way in Dan County Commissioner of Pristening Ford to begin at North Florence Road and goes east then south for a distance of approximately 9,100 feet. Motion by commissioner Eid seconded by commissioner Mitchell on favor please say aye. Aye. Opposed to the city motion carries commission. After I took office, we ended with a court's approval and funding we did. Why, Roveson Ranch Road from 35W out to the perimeter of their property and to a four-lane concrete road and in the road, currently would go straight to the north and into the west and that was a gravel road and a gravel county road. Last week we just opened up a new section of Robson Ranch Road as it connects where currently kind of didn't dead end but where the pavement stopped and went on down to the south to straighter road in North Lake. So this would be the old part of the Robson Ranch Road. We want to rename that and the YarAR borough is the family out there and their multi-generational family and they own the property and have been good partners with us as we, the sisters still own the property as we acquired it from them as we extended the new roadway. And so we thought our office thought is only appropriate to name it the family. And so I think that'd be widely received and we're excited about the November 4th public hearing. Great. Okay, 14B is approval of the 2014-2015 Social Services Agreements between Denton County Texas and one Casa of Denton County Incorporated to Children's Advocacy Center in three Christian Community Action for Denton County Friends of the Family, five health services of North Texas and six Denton County MHMR, seven PD place, eight span incorporated. Chair, I'll move for approval. Seconded by Commissioner Mitchell. All in favor, please say aye. Aye, post and a motion carries. We're going to take 14C and D together because it's all tax clutch and contracts. 14C is between Denton it's all tax clutch and contracts. 14C is between Denton County and the City of Justin, City of Crumb and the town of Lakewood Village. 14D is between Denton County and Denton County Freshwater Supply District number one C. Denton County Freshwater Supply District one D. Three is Denton County First Water Supply District 1E, 4 is Denton County First Water Supply District 1F, 5, Denton County First Water Supply District 1G, and 6, Denton County First Water Supply District 1H is all recommended by the Denton County Tax Assessor Collector. The chair has been moved for approval. Seconded by Commissioner Eads. All in favor, please say aye. Aye, post and in. Motion carries. 14 E is a proven interlocal cooperation agreement between Debt and County of Texas and the town of Bartonville, Texas for the West Jeter Road Improvement Project. Located partially within the town of Bartonville, Texas and entirely within Debt and Commissioner of Prison 4. Motion by Commissioner Eads, seconded by Commissioner Coleman. Here are no questions on favor, please say aye. Aye. Post and a motion carries. 14F is approval of request to establish reimbursement in the amount of $22,000 for local county and state law enforcement agencies participating and joint law enforcement operations with Treasury law enforcement agencies. I move for approval. Motion by Commissioner Coleman, seconded by Commissioner Marchand other questions. Hearing none, all in favor please say aye. Aye. Opposed to the name. Motion does carry. Item 15, A and B are both executive session items. 15 A is under Texas government code 551.0711A. Consultation of attorney in the closed meeting with the government of bodies, they see advice and attorney regarding contemplated litigation or settlement offered in a cause number style, then kind of Texas versus Mitch, however you say that, huh? Schmidt, Schmidt, town, then Schmidt, town and Lone Star Land Bank pending in the probate court of Denk County Texas Commissioner of Pristening 1, 15b is under government code 551.087 deliberation regarding economic development negotiations, closed meeting to deliberate the offer of a financial other incentive to a business project regarding commercial financial information. That at the governmental body has received a business prospect that the governmental body seeks to have locates they are expand in or near the territory of the governmental body located in that kind of commissioner precinct for and with which the governmental body is conducting economic development negotiations with that we are in executive session. 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