I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. I'm going to do it. Good morning ladies and gentlemen, Denton County Commissioner's Court for Tuesday, November 27th is now in session. This morning our invocation will be given by Director of our Health Department, Dr. Bing Burton, and our pledges will be led by our Sheriff-alept. Will you be Travis? Will you please stand? Thank you. Thank you. Thank you. Good morning, ladies and gentlemen. Denton County Commissioner's Court and our pledges will be led by our Sheriff's Left. Will you be promised we would please stand. Pray with me. The steadfast love of the Lord never ceases. His mercies never come to an end. They are new every morning. We praise you, O God. We acknowledge you to be the Lord. We ask you're blessing upon this and every meeting of the commissioner's court. May your Holy Spirit guide and direct all of this said and done today. We pray your special blessing upon our county and our state and our nation and all those who serve it for Jesus' sake. Amen. and all those who serve it for Jesus' sake. Amen. A blood diligence to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible for liberty and justice for all. Honour to Texas flag, I pledge allegiance to the Texas one state under God, one in indivisible. Thank you gentlemen. I hope everybody had a safe and very nice Thanksgiving. Commissioner Eads, did you have something that you wanted to tell us on number one for public input for? I was not listed on the agenda. Members yesterday morning, I got an opportunity to speak again to Congressman Burgess's 10th annual transportation summit. He hosted it here at Apigee State. He owned it was very well attended. Commissioner Mitchell joined us as well. State of the moment, it was very well attended, Commissioner Mitchell joined us as well. At your place, I just wanted to go over this, at your place is part of a handout that takes dot. The Dallas District bill help presented with me as well is million dollars worth of construction projects going on in Ditton County for on system projects. Throughout the county we have and funded through a variety of funding mechanisms. If you'll notice there's a lot of RTR funds, projects funded through RTR, regional toll revenue, fund six, proposition 12, funds. And then we also, on our next slide, we have over $312 million of projects currently under design across the county. Those are primarily RTR and with some local funding as well. And our next one is our segment 13, stay highway 121. That is outside of the Ditton County limits, but it is an extreme importance to Ditton County as it connects 121 and expands 121, especially as it addresses highway 2499 in the Tarant County portion as it connects into Flower Mound to the South And then we have over 1.6 billion dollars on our next slide for planning projects and that's primarily 35 in the north part of the county 35 W and 377 as it as. So, and that's $1.6 billion. And our last slide is our 35 E Management Corde or project, which we've all been keenly aware of. And I'll just let everybody know that the TechStyle Commission plans to award the contract on December 13th later next month. So we will and our time frame is that we anticipate construction to begin next summer. But you all have this at your place. You already had it beforehand in your own transportation updates that you provide as well. This is very timely. I want you all to have that. Thank you. Thank you. Lot going on. OK. Well, item one is for public input. Freedom's not posted on the agenda. There's any member of the public that would like to address Commissioner Scort. Yes, that you please complete a public comment form. They're available on the side table. Would you remind everyone to please turn off your cell phones and pages. Members under item two, the consent agenda, Beth Fleming sent us an email yesterday concerning 2C where they had inadvertently posted the wrong bid package for item 2C, the briefing memo is correct, and the bid packet should replace the backup for the agenda packet. I just want to make that distinction. Are there any questions on any of the consent agenda items or do we have a motion for approval? Motion by Commissioner Mitchell. Excuse me. Seconded by Commissioner Eads all in favor please say aye aye Posting motion does carry As you can hear I've got a cold And I hope I don't start coughing my head off so I'm not gonna read all the agenda items today because I think that was just irritate the whole situation Might also help us get through a little quicker, huh? Okay, item three is approval of proclaiming November 2012 as the month of celebration for the love of the Chapel Church of God in Christ, great-byen Texas, as they celebrate their your anniversary. Don't need to read it. Unless you want to read it. Excuse me. Okay, no one's here to represent them today. Except you, yes. If you would like to speak to it a little bit and then we will call for you. This is our 80th year anniversary in a little small church, a little church without any Christ. One I've been going to since I was nine, nine years old and you know I'm only 39 so that means 30 years. I just want to take this opportunity to thank the poet for allowing me to put this proclamation on and recognizing I recognize and I, little small church in Great Vintexes. All righty, you want to make a motion? No move. Motion by Commissioner Mitchell, seconded by Commissioner Eid, so I'll in favor please say aye. Aye. Opposed? The name? Motion does carry. Just for a second, I'd like to go back to the Consent of Dunn item 2A, which is the order making appointments. We have a new hire and human resources, a promotion in the correction facility, a tech one, and a promotion in public health. Okay. Item 4A is public hearing approval of Item 4A is public hearing approval of Levenia, addition phase two, lots 15R1, 15R2, 16R and 17R, block 10B, replat, and this is on Commissioner precinct four. First we need a motion to go into public hearing. The motion by Commissioner Mitchell. Seconded by the Commissioner Eates. On the favor please say aye. Aye. Aye. Opposed to the Senate. Motion does carry. Good morning, go ahead and speak to us on this issue if you would. Morning commissioners, good morning, Judge Horn. This is a replat out in Lantana, and basically they are going to be splitting off a small portion of one of the properties and dedicating it to the adjoining golf course. Certified notices were mailed out and it was approved at the development support committee. We did have one person call with an inquiry which was forwarded to the applicant and I followed up with that person and they were satisfied with the way it was handled and the way it was responded to. It's in Commissioner precinct for. Already is there anyone in the stands that would like to address Commissioner's court on the issue either in favor of or opposed to the proposed reply. Anyone in attendance would like to address Commissioner's court on this issue. Hearing none do we have a motion to close the public hearing? Motion by Commissioner Eads. second and by commissioner Mitchell all in favor please say aye aye opposed Cine motion does carry out any questions from members of court okay do we have a motion for the approval the reply I move thank you we have motion by commissioner Ead's second and by Commissioner Marchant. All in favor, please say aye. Aye. Opposed, sitting. Motion to carry. Five a is approval. Thank you. Five a is approval of the bill report payments from CSCD, Community Corrections, TAA, IP, Shares, Training Shares, Forfeiture, VIP, Interest, DA, CheckP and DA, Forfeiture Funds are represented for recording purposes only. And then we had a last minute email with a little addition to the change, changes she didn't know what I'm making sure everybody saw that too. Good morning James. Judge commissioners, I asked approval of the bills that's presented with the changes. There's one deletion for duplicate payment. Once actual other additions, actually addition to the check where are your items to get the amount correct. And we had also the one addition from the DA's office for a warrant service and cotton county Oklahoma. And that's all the change that I have. Thank you. We have a motion by Commissioner Marchant. Second. Second by Commissioner Coleman. Here are your know-of questions. I'll in favor please say aye. Aye. Aye. Oppositing. Motion does carry. Six a is a approval of the ward of RFP09122165. This is pharmaceutical services jail health to correct RX pharmacy services in the call of death funding. Good morning. Good morning. Go ahead Beth. Sorry. I wanted to give an overview. This is a very large contract. It's approximately 360,000 a year. And this is a new contractor for us. The evaluation committee included Doug Sanders and being Barton and myself and we did interview the top two firms of the six receive. We did online demos of their technology which is very important so we have real-time information. We also concentrated on their cost containment efforts because it is such a large exposure for us. We wanted to make sure that they had processes in place to kind of partner with us and help us control those costs. So we feel correct our express meets our needs for all the issues raised in the RFP and based on the evaluation criteria. I recommend recommending approval. Are there any comments? Excuse me, comments that you gentlemen would like to add? Are there any questions from members of the commission's court? All right, commissioners Coleman. Move for approval. Thank you. Motion by commissioners Coleman, seconded by commissioners Marchant. You may know further discussion. All in favor please say aye. Aye. Opposed say aye. Motion is carried. Seven a is approval. Budget amount, quest 100200 to decrease revenues and allocate expenses based on the recent grant award to merge the two hot fund grants into a single budget, including the creation of a new line item for grant purposes for the 2013 hot funds. This is the tourism grant in the amount of $25,600. All right. Thank you. We have a motion by Commissioner Marche. Thank you. Seconded by Commissioner Eads. Are there questions or comments? Very none all in favor. Please say aye. Aye. Aye. Aye. Mr. Nain. Motion carries. 7B is approval of budgetman request 1 0 0 2 and 0 for remote maintenance equipment including the transfer 1003 thousand five hundred and eighty eight dollars from unappropriated contingency for road bridge precinct one for a total amendment 280,750 Motion by commissioner common second by commissioner ease $150. Thank you. We have motion by Commissioner Coleman, second and by Commissioner Ease. Hearing no questions, all in favor, please say aye. Opposed, the name? Motion carries. 7C is approval. Budget amendment quest 100220. 203 revenues. Navigating. Unspent funds from the 2012 budget to fiscal year 2013 budget for risk-based funding in the amount of $12,612. May I motion by Commissioner Marchand? Okay. Seconded by Commissioner Coleman or questions? Any none? All in favor, please say aye. Aye. Aye. House sitting. Motion is carried. 7D is approval of Budget Amendment request 100230 to increase revenues and allocate unspent funds from the fiscal year 2012 budget to fiscal year 2013 budget for a national association of county and city health officials grant or public health clinical in the amount of 13. I'm sorry in the amount of 3,,123. I'll move motion by Commissioner Mitchell. Thank you. Seconded by Commissioner Eads. Here are no questions. I'll in favor please say aye. Aye. Posting. Motion is carried. Seven E's approval of the budget of my request. 10024020, the chair of the board is now in the advocate unspent funds for the fiscal year 2012 budget to fiscal year 2013 budget for cities readiness initiative grant part two. Mr. Chair, Mr. Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the Chair, the name. Ayes, 7F. Is a budget amendment request 100250. To increase revenues and allocate unspent funds from the fiscal year 2012, fiscal year 2013 budget. Again for public health preparedness grant, this is in the amount of $504,989. Motion by Commissioner Marche. Thank you. Seconded by Commissioner Eans. All in favor please say aye. Aye. Aye. Posting. Motion carries. Seven G is approval of the budget amount, quest 100260 to increase revenues and advocate donated funds from fiscal year 2012 budget for the veterans memorial for Sanjay Jacobs Government Center in the amount of $20,072. Go to my commission or march them. Seconded by Commissioner Eads. All in favor, please say aye. Aye. Opposed to name. Opposed to name. Just carry. 7-H is approval of budget amount of quest270 for computers, including the transfer of fund. I'm Roden Bridge precinct for unappropriated contingency in the amount of $20,104. Approval. Motion by Commissioner Eads, second by Commissioner Coleman. All in favor, please say aye. Aye. Opposed to the name. Motion does carry. 10 a's approval of a Carlyle edition phase D, Atlanta, final plat, lots, 25, 26, and 35, 336 block 2b. This is on commission and prison for. We have a motion by commission or eeds. Seconded by commission or comment. Are there questions or comments? Here in NANO and favor please say aye. Aye. Opposed to the name? Motion is carried. 12 a.m. is approved of the 2012-2013 in a local cooperation agreement for the shared governance communications and dispatched service system for the City of Crown Police and Fire. Approval. Motion by Commissioner Eads. Seconded by Commissioner Mitchell. system for the City of Crown Police and Fire. Approval. Motion by Commissioner Eads. Second. Second by Commissioner Mitchell. Questions? Hearing none, on favor please say aye. Aye. Opposed to the name? Motion does carry. 12b is approval of the Memphis solicitation modification of contract between U.S. Corps of Engineers and Denton County, Texas. I move for approval. 30 here. We'll say motion by Commissioner Ead, second and by Commissioner Marchant. I on favor, please say aye. Aye. Opposed, aye. Motion does carry. 12C is the approval of audit report for the date and county sheriff's office fiscal year 2012 chapter 59 asset for ensure report is required by article 59.06g1 other Texas code of criminal procedure. I'll move for approval motion by commissioner Coleman seconded by commissioner marchin. Here are no questions on favor please say aye aye. I propose a singing motion does carry 12d is approval of the sheriff's office fiscal year 2012 Hearing no questions, all in favor, please say aye. Aye. Opposed, aye. Opposed, aye. Cary 12D is approval of the Sheriff's Office fiscal year 2012. Equitable sharing agreement annual certification report for the U.S. Department of Justice. Motion by Commissioner Mitchell. Thank you. Seconded by Commissioner Eadz. Hearing no questions, all in favor, please say aye. Aye. Opposed, aye. Opposed, aye. Aye. Opposed, in a motion carries. 13A is approval of the rejection of Hunt Construction claims for teen potential change order, PCO number 40 for the administrative complex phase two project is recommended by HDR architecture and Michael Tobiola, Dent County's construction manager. And let's take this next one at the same time, 13B which is approval of the rejection of Hunt Construction Group claims for teen potential change order, PCO, next one at the same time 13B which is approval the rejection of how construction group clients pertaining a potential change order PCO 145 167 229 317 and 368 for the administrative conflicts phase 2 project is recommended by HDR architecture and Michael Tulliola that kind of construction manager. Good morning, Michael. Good morning, commissioners. These are some initial PCO as a potential change order that Hunt submitted on the project. We did not think it was valid cost, so at one point I rejected the change orders. At that point they filed a claim. I rejected the claim and then it went to the architect for a decision. They I rejected the claim and then it went to the architect for a decision. They also rejected the claim so then it goes to commissioners court to either upheld that or to approve the change. So at that point with our contract that would be resolved from our end. And I'm recommending that on all of these items that they are rejected for various reasons and go through each one if you like, but in the background, it kind of gives a brief explanation. Can you give us a thumbnail sketch of basically it's regarding the storm water inspection in the sediment? Right, for number 40, the storm water prevention plan, it was real clear in the documents that the contractor was supposed to identify, design, document, implement, and manage that, so that should have been in his bid to begin with. So we don't think that we should be paying for those items. But why would he think any different if it was in his original bid is did it go? I don't think he had no been beyond what he expected. Yes, that's what happened. So they didn't expect it to be that much work and but that's what happens. Okay. As he's inspection notes identified whether city of Denton been taking care of regarding you know, large amount of sediment tracking. Yes. Yep. Those were, those were periodic inspections that they did, and they did maintain them after they got the notices. So they're, as far as I know, there's no fines or anything like that, everything's been taken care of. And now the property's been seated over, so they're just working out. The silt fences have been removed. They're working out, working on, taking the check dams off and stuff like that. So they're finishing up out there. Okay, so we've removed the additional sediment and all that stuff that discharged into. There's still, yeah, from that report, yes. There's some things that they're working on now to finish up. What's their work on? Number 145, that work was, there was an alternate detail requested for some canopies at the facilities building. That, that, that alternate detail was acceptable to us, but we did not approve any additional costs for that detail. It was should have been a labor time savings to do that work. So therefore we shouldn't have any charge for that. And that one started at 5200. It's come down a couple times, but we don't think there should be any charge for that. And that cost of doing that works complete. They never got that approved before they did it. There was never a CCD, so that's all their own risk to do. So we don't think we should pay for that one. Number 167 is another stormwater prevention. It was just a different case of that. Let me see here. Number 229, they installed some floor boxes in the concrete slab and had to come back and cut out the slab because the conduits were not done correctly. What happened there, they did not have shopgongs approved to do that work so they should not have proceeded with that work so that was at their own risk and it did not match the original contract documents to begin with so that's why they had to tear it out. Number 317, that cost was, I'm not even sure why that's a question. We had only one drawing that showed the extent of the decorative concrete versus regular concrete and it was very clear to be at the center line of the door. When they did it, they stopped it. They took the regular concrete too far. They had a saw cut that out and poured the decorative, they stopped it. They took the regular concrete too far, say the sock got that out and poured the decadent concrete up to it so there shouldn't be any charge for that. Let's just comply with the original contract documents. Number 358, we were a little bit unclear whether that we haven't gotten the official letter that it was a claim, but in a couple of emails, it was referenced as a claim, so that's why we put that on there. That item was, there was some underground conduit that was put in and then it conflicted with the footings for some light poles so we have an alternate detail to do a spread footing instead of a pole footing which will spread that out which will work and our structural engineers looked at that and it's fine but there shouldn't be any cost for that because that should have been coordinated beforehand. So that's number 350. That's where the architect said the contractor did not coordinate the installation on the underground conduit with the light locations and both of these items where the responsibility of the electrical contractor. Okay. Now, okay. Well, I'll go ahead and move to reject the Approval approval the rejection Okay, I have a motion by commissioner Coleman. Move to reject them or move to approve the rejection Well, it says approval of rejection is how it's posted. So I'll do the double negative. Okay We have motion by Commissioner Coleman and I believe Commissioner Mitchell is already seconded in motion. Other further questions or comments? Oh, thank you, Michael, for doing a good job on this. We, uh, Michael's earning is paid. I really appreciate you working hard on this. Yep. I think Commissioner Mitchell and I, where the people who voted against or the contract to hunt, because some of our past difficulties with them I'm going to give you a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a No, in favor, please say aye. Aye. Aye. Opposed, Ceney? Motion to carry. Thank you all very much. And thank you for being here this morning. 14A is approval of the supplemental agreement. And number five to the engineering services contract between Denton County, Texas, and Tignol, Perkins, and corporate, Differed the Road and Bridge, East Project B, Bridge, and Cross Culvered the evaluation and design project in the additional sum of $83,100 for our total revised contract amount with $317,900. So the funding to come from Commissioner Prisate One, bridge and culvert CIP funds, auditor, line item 8574949050. I'll move for approval. Motion by Commissioner Coleman, seconded by Commissioner Marchand are there questions? You're no no in favor please say aye aye Opposed to name Motion does carry 14 D as approval the 2013 and local collaboration agreement for library services between didn't kind of Texas in the town of Flowerman The flowerman public library any amount of 5412225 the fund that come from Auditor Line Item 017208010. I move for approval. Motion by Commissioner Eid, seconded by Commissioner Mitchell. All in favor, please say aye. Aye, opposed to the name. Motion does carry 14 C as approval of one. Defense replacement contract in the amount of $10,798. Between Denton County, Texas and John B. Leadsoe and Lisa Bledsoe. With a copper canyon road reconstruction project, and two, directed Denton County auditor to issue a warrant and the amount of $10,598. The Funded Confirm Commission are precinct for a copper canyonyour road reconstruction project funds ordered or 857-487-906-0. Members, items 14b, c, d, and e are all related to the copper canyour road expansion where we had everyone. I mean c, d, and e. 14b, c, d, and e. No, b is a library if I need to. I'm sorry to scratch that c, d, and e. I'm sorry, I'm sorry, I'm sorry to stretch that CD and EM sorry I was trying to help you there. Thank you CD and E are all because we had to remove fences directly related to the project. Let's take this all in one motion. Are there any questions in this issue? On either 14 CD or E? Yeah, I'll move for approval. Thank you. We have a motion for approval by Commissioner. I'll second. Seconded by Commissioner Marchant. That is for 14 C D and E. Hearing no questions, all in favor, please say aye. And all of them. Aye. Opposed say nay. Motion does carry. 14 F is approval of a clear election suite hosting in support agreement in the amount of $132,320 between SOE software cooperation in Denton County for the purchase of software and services recommended by Denton County Election Administrator with funding to come from local election contract funds. This is allowed at our line item 464 to 9010 75. We all received an email from Frank Phillips yesterday giving some explanation on this. He is happily moving into his new digs this morning, so he's not with us today. I move for approval. Thank you. Motion by Commissioner E. Seconded by Commissioner Mitchell, hearing the questions all in favor, please say aye. Aye. Opposed, aye. Motion does carry. In 14 G is approval scheduled in a public hearing for Tuesday, December 18th, 2012 at 9 a.m. To discuss and take a formal action on the abandonment of Prairie Mound Cemetery Road at its intersection with FM 407 to the Prairie Mound Cemetery located in Denton County Commissioner Prussie IV. I move for approval. Andy are we expecting a big crowd? No. I'll save the big crowds for you. We have a second by commissioner. He's seconded by Commissioner Mitchell. Any other comments? OK. We want flocking to the cemetery. Oh Lord. All in favor, please say aye. Aye. Aye. Opposed? Any motion? Does Carrie? I'm going to go back to item one for just a minute. I don't know if you all heard on the news this morning about the Alice County Commission's court considering actually going to the legislature to create a mosquito district. Yeah, I heard a special district. So this is a mosquito district. They don't need any more lawyers in the government. Well, I just want to make it abundantly clear that A, this is a new taxing district, so they can tax people and take that money to use for aerosframe. I have no plans to go to legislature and ask to create a mosquito district in Denton County. I second that. I don't think we should create any more. It doesn't even take the motion. I won't let you. Any more special districts, mosquito or otherwise? Oh lord, I just couldn't even believe my ears. Actually I think you know when we're doing the testing and you know we got it maybe tag them. This one's infected with West Nile this one's not okay well enough in the nonsense. Okay we are done with today's business. You have something to add to that. Yes for future meetings I would like to have on the agenda, John, an update on the Nadia Boldware lawsuit because we have not heard how that is going regarding our notice of appeal and other things. So I'd like to have an update on that. And then, too, I would like to Barbara, if you could post an agenda item regarding adopt, I'd like to have a workshop regarding traffic calming devices. Traffic calming devices on county roads. In other words, something to discuss. Maybe, you know, traffic bumps, speed humps, yeah, tripping, if we're gonna proceed in that manner, we really need to develop policies and procedures. And I think we need to have a workshop regarding that and get some input from Mr. Felt and Mr. Bennett. And I think we need to figure out, I am still, I think it's a good idea if we get together and talk about it, and maybe a point of committee, because I'm still, I think it's a good idea if we get together and talk about it and maybe a point in committee because I'm still on the mind that I know there's that Attorney General opinion out there that says we can do him. I'm the approval of textile but that Attorney General opinion in my opinion is I guess bipolar it's very confusing and I'm very much concerned about us doing any kind of traffic hump that may fall within the special defect, labor of our labor of a sovereign community, because it would be potentially a special defect created by the county. And so I wanna just workshop it, have a long discussion, talk about putting together a policy and maybe thinking if we could ask the legislature for a specific legislative authority instead of having to be a great area. But I really think we need to, together as a group, work out what policy means we might run an adopt. So now gives an opportunity to share with the other members of the court the information that we've already received from not only legal but buzz that works for John Poster and we're trying to get proactive on the situation of the hearing that we had here and certainly justified safety concerns out in that area. So yes, we'll put that on the agenda. It has like rumble strips, striping, traffic calming, speed bumps. Our speed bumps, the waiver of our immunity under the Torque Clean Act. I really spent a lot of time looking at attorney general opinion. I'll tell you, I know. They don't help you a lot, do they? I think it's just one man's opinion. When I like them, they're OK when I don't. That's right. Hey, Anyway, I'd like to have a work on that. Okay. With that, we are adjourned, everybody, have a great day. Stay warm. Warm. Great day.