I'm sorry. Good morning ladies and gentlemen, Dent County Commission's Court for Tuesday, September 11th, 2012, is now in session. This morning, our education will be given by Steve Mossman, our tax assessor collector, and our pledges will be led by Bennett Van and Hall at County Engineer. Will you please stand? Let's pray. Heavenly Father, thank you this morning for your goodness to us, for your mercy. Or as we remember this day, the events of 11 years ago, we do pray for the families still of those who are suffering the loss of loved ones. We pray, Lord, for the men and women of our armed forces who are still today in harm's way. We ask Lord for your guidance and direction for our national leadership and for the coming elections. We pray, Father, for this court and for their leadership and their administration of the affairs of this county. We look for you for your blessing as we seek to honor you and what we say and do in Jesus' name, amen. We pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under our individual with liberty and justice for our honor and justice flag. I pledge allegiance to be fair for unsafe under our one and individual. Thank you, gentlemen. Item 1 is for public input for items not listed on the agenda. There's any member of the public that would like to address Commissioner's Court. We ask that you please complete a public comment form. I want to remind everyone to please turn off their cell phones and pages. Item 2 is a consented agenda. Members are there items on the consentedenda that you need to have discussion on. Do we have a motion for approval? Motion by Commissioner Mitchell, seconded by Commissioner Eads. All in favor, please say aye. Aye. Opposed to the name? Motion does carry. Consented then Agenda today consists of 2A, which is approval of the ordermaking appointments. We have two new hires in the County Clerk's Office, the Demotion in the County Clerk's Office, a rehire and records management, promotion in the Criminal District Attorney's Office, a promotion in the Tax Successor's Office, a new hire in the County Jail, three new hires in the Sheriff's Department Communications Division. Two B is department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the education for purchasing department in the amount of $800 to F is approval budget amendment quest 101-960 for shop supplies and vehicle parts for road and bridge precinct one in the amount of $5,850 to G is approval budget amendment quest 101-970 for gasoline for Constable precinct five in the amount of $2,440. 2-H is approval of budget amendment requests 101-980 for various operating line items for sheriff's department in the amount of $67,199. 2-I is approval of budget amendment requests 101-990 for various operating line items for Sheriff's Reserve Unit in the amount of $15,922. 2J is approval of Budget and MemoQuest 1-0-2-0 for training and education and evidence expenses for criminal district attorney in the amount of $7,239. 2K is approval of Budget and MemoQuest 1-0-2-040 for copier supplies and mileage reimbursement for justice to the piece precinct five in the amount of $168 to L is approval budget amendment request 102, 070 for various operating line-downness for law enforcement facility. The amount of $10,450. It's that time of year. There's a lot of budget amendments. 2M is approval of budget amendment request 102080 for various operating light on us for County Jail in the amount of $30,897 and 2N is approval of budget amendment request 102090 to transfer funds from various technology budgets to computer software maintenance for justice information systems in the amount of $444,410. And 2-0 is approval of budget amount of requests, CSCD, Community Corrections TAIP, Shares, Training Shares, Forfeiture, VIP, Interest, DA Check fee, and DA Forfeiture Funds are all presented for recording purposes only. Good morning, James Wells. Good morning, Judge and Commissioners. I ask approval of bills as presented with the two deletions, one is the departmental request, one's a process wrong, both from general fund and one addition to the road and bridge fund for not sure why that little small one's even being expedited but it is. So that's all I've all the changes I've got. Other questions and members of the court, do we have a motion? Motion by Commissioner Marchant. Seconded by Commissioner Coleman. All in favor, please say aye. Aye. Oppositing. Motion carries. 6A is approval of award of RFP 06122148. Website refresh. Site core implementation to a rounded cube incorporated for $110,450 and we'll call on death running. Morning. The evaluation committee did receive five proposals for this RFP. We met and determined our competitive range and ended up interviewing three firms and had demos of their actual work. This is an exciting project. It's going to transform our website, make it more user friendly for citizens, businesses, and it has been negotiated to $110,000. We do have a corresponding budget amendment that you just approved on the Consent Agenda to fund this project and we're recommending approval. Do you have any questions from members of the court? and we're recommending approval. You have any questions from members of court? Okay, we need a motion. Motion by Commissioner Mitchell, seconded by Commissioner Eads. Hearing no questions on favor, please say aye. Aye, opposed, aye. Motion carries. 6B is approval of ward of RFP 06122151, Medical Laboratory Services, Human Resources to Pinnacle Health Technologies Incorporated. We begin with Colin Beth. On this one, we are recommending the ward to Pinnacle. I did hand out a revision to the spreadsheet, the evaluation spreadsheet this morning. The change in it is with the ASI Medical. There was confusion about what their pre-employment testing examination for their physical, what that cross was. It actually is more than what was listed. So it doesn't make a difference in our recommendation, but I want to make sure you had the correct information. So we are recommending that HR both Gustavo Hernandez and Amy Phillips worked with us on the evaluation. Other questions and members recorded? Do we have a motion? Motion by Commissioner Mitchell. Second and back, Commissioner Marchand. Any questions on the favor, please say aye. Aye. Opposed, sen. Motion to scary. 7A is approval of Budget Amendment quest, 101-940 for outside council, including the transfer of $97,753 from non-departmental, unappropriated, lawsuit settlement contingency, and $27,247 from grant contingency for non-departmental in the amount of $125,000. Go out ahead. Mr. Stewart, I know we're at, on some of these, I mean like for Nadia Boldware, we're up to $96,000. I still believe there's been some estimated legal fees. Do you think that 43 left over is going to be enough to handle this through the rest of the budget year? We hope so. It's a guestment at this point. It leaves as much flexibility as I thought we would have but that's to be seen. I know in the past the commissioners court has you know sought money from the budgets of the entity that was you know resulted out of the lawsuit and I'm not sure if that would be an appropriate policy because I was thinking about that over the weekend and you know we have a lot of other lawsuits that are going on but you know they're related to elected officials who've time has come and passed. So I don't know how equitable that would be to seek to have funds you know at the end of the year taken out of their budgets because you know Doug Boydston's now our new constable and you know Ken Janerth has gone. Same with Constable Davis. I mean he's been out of office how many years Long time so what are you asking to do? Well, I was just trying to figure out how do we budget for any unanticipated invoices contemplated maybe asking Donna to Seek you know money or it left over funds from the entities that kind of precipitated the lawsuit, but I don't know how equitable that would be because I try to treat everybody, you know, we want to treat everybody equally and fairly, right? But that's how we came around to the unappropriated. You know what I mean? Because some of them are gone and some of them are still here. So that's the only reason I said that was for purposes of discussion. Saying that was in the past that's when been one thought but I don't know how fair that would be. That's all I was saying. I'm not not leaning one way or the other but saying in the past that's what the court has done but I don't know how equitable that would be because you know we have elected officials who I guess precipitated some of the litigation but they come and go on Yeah, I know exactly so I was just trying to figure out a you know A is this enough money and then B how do we kind of equitable? You a portion it and you know how do we plan for the future? Every year does every year Donna has to give it her best educated And she does a real good job doing that. But the unappropriated loss of settlement contingency is really the only way to do it. I think we're probably expecting a couple more invoices I bet based on some of the emails I've gotten. We're probably expecting some from... We're probably going to have additional ones on Erica Gravers' Cougar in those. I think we got some emails about that and then I think we're probably going to have an additional bill for the boldweller Deal it is what it is I just wanted to know do you all think that the money appropriated right now is I guess if it's not well Well, let's go. We'll just move it along in the future And if you'd like James just pointed out we're future. And if you'd like James just pointed out we're 116,000 over budget in this amendments for 125. So it may be worth our while to put another one on next week and go ahead and do that. I think that's probably a good idea. And I would my direction I don't know what the mother members of the Corps to seek the money where you can find it. That's what I'll that's all I got to say. to seek the money where you can find it. That's what I'll, that's all I gotta say. Say that again please. I said look for the money where she can find it. Oh, that's what I said. I thought that was a new account I had in my head. I mean, I'm just saying, you know, you know, trying to do things explain fairly across the board, right? I mean, you know, in the past we've had one thought, I don't know if that would be applicable at this instance, but I think we need to... I thought that the amount was a little low, but I would say we need to go into this room. This one and Donna probably put on another one for next week, because you're right, it's not going to be enough. Yeah, okay. We aren't like there's some bills that have hit this week that weren't available when the MMO was worked up. So we'll look at that a little closer and provide you something. Yes, for further discussion. I didn't know this, so this may be a new revelation to me. In the past, the commission's court has assigned legal fees to whatever department or elected official that That the lawsuit came from I think they That's what I thought he was saying though. Is that what you're saying? I know in the past I think that a certain elected officials have been asked to come up with the money out of their budget But I thought it was deemed inequitable because you have some departments whose budgets are quite small and then you have some people whose budgets are a lot larger. That's why she sets up the contingency fund. But do you have departments that basically never get sued, thank goodness. And then you have other departments where things can be a little more contentious like the Sheriff's Department or the DA's office or the DA's office. The DA's office? Things can be a little more contentious in those areas. The year it was released to the... The contingency fund is... And then Donna also has a record of, you know, the track record of over the years and she gives it her best estimate as to what needs to be in that contingency fund and some years it's more than enough and some years it's not. I just I had had if that's what you were saying I'd never heard that before about my knowledge we'd never done it that's probably a while ago. I'll be tempting. Okay. We need a motion in the second, I believe. I'll move for approval. Thank you. We have a motion by Commissioner Coleman. Thank you. Seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Opposed, sen. A motion does carried. Item 7B is approval of Budget amendment request 102, 00, 0 for computer equipment, computer software and computers, including the transfer of $715 to kind of wide technology for sheriff's department in the amount of $9,506. Motion by Commissioner Mitchell. Seconded by Commissioner Eads. Any questions? All in favor, please say aye. Aye. Aye. Opposed to the name. Motion carries. 7C is approval of Budget Member Quest 102-010-0. Drinking his revenues now allocate expenditures for litigation, expense for criminal district attorney civil division in the amount of $20,500. Motion by Commissioner Marchant. Seconded by Commissioner Mitchell. Any questions no questions. All in favor please say aye. Aye. Opposed to the name. Motion carries. 7D is approval of Budget and Member Quests. 102030 to transfer funds from criminal district's attorney civil division to criminal district attorney for computer equipment and training education in the amount of $3,335. Motion by Commissioner Eads. Seconded by Commissioner Marchand. Any questions? All in favor, please say aye. Aye. Opposed to the name? Motion carries. 7E is approval of budget amendment quest 102-050 to increase revenues and allocate expenditures for gasoline for Department of Emergency Services in the amount of $3,428. Motion by Commissioner Mitchell. Seconded by Commissioner Eans. Hearing no questions, all in favor, please say aye. Aye. Aye. Post and in. Motion carries. Seven F is approval. Budget amendment request one of two zero six zero to increase revenues and allocate expenditures for nonsecuring secure placements for Texas juvenile probation commission state aid in the amount of 75,000. I move for approval. Motion by Commissioner Coleman, seconded by Commissioner Mitchell. Hearing no questions, all in favor, please say aye. Aye. Opposed to the name. Motion carries. 7G is approval of the budget amendment of the request at 110-0 to transfer funds from county wide technology For capital replacement fund for computer software maintenance in the amount of 46,028 Motion by commissioner Mitchell Second back in the by commissioner marching to other questions You're none all in favor, please say aye. Aye. Okay. Ms. Nene. Motion does carry. Members, we have a guest with us this morning in consideration of his time. I'd like to go to item 14A. Just in case there's any questions. 14A is a approval to adopt and order a resolution for Tarant County Cultural Education Facilities Finance Corporation to issue Texas Health Resources System at Revenue Bonds Series 2012 and we have Mr. Glenwood Hill with us this morning that's here to answer any questions you may have. We've done this type of approval. It does not in depth the county at all. Move for approval. Thank you. We have a motion by Commissioner Marchant. The chair will second the motion. Other questions on this item. Here not only favor please say aye. Aye. Opposed to name motion does carry carry thank you for being here this morning Okay going back to item 8a 8a is approval of appointment of Peggy Foxes the Denk County Civil Service Commission chair Motion by Commissioner Mitchell seconded by Commissioner Eans, discussion. Hearing none all in favor, please say aye. Aye. Aye opposed, Cine. Aye. Aries foreign favor, one opposed. 10A is approval of the North Central Texas Council of Governance, fiscal year 2013 Regional Public Works Program Commitment Response Form. Motion by Commissioner Mitchell. Second. 13 Regional Public Works Program Commitment Response Form. Motion by Commissioner Mitchell. Second. Seconded by Commissioner Marchant. Questions? You're not only favor please say aye. Aye. Aye. Opposed to name? Motion does carry. 12A is approval of the 2011-2012 Interlocal Cooperation Agreement for a shared governance, communications, and dispatch services system for the following agencies Bartonville police Hickory Creek Police Justin police crew reveal police Lillian police and fire Oak Point police and fire pilot point police and fire and ponder police I'll move for approval motion by Commissioner Coleman second and by Commissioner merchant all in favor Please say aye aye I pose in aim motion does carry 12b is approval to authorize the sheriff's office in court of cooperation with the county judges Office to proceed and accept the grant funding for the female juvenile impact program online to activate the funding Approved the resolution supporting the female juvenile impact program grant. I'll move for approval. Second. We have motion by Commissioner Coleman, seconded by Commissioner Marchion. Questions on the favor, please say aye. Aye. Aye. Opposed, Ceneen. Motion does carry. 12 C is approval of the acceptance of the 2012 Edward Bern Memorial Justice Assistance Grant program. The for award I should say. If a motion by Commissioner Marchion. Second. Oh, he did do. Okay. Second. I had the story out here. Seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Opposed,聲音. Motion does carry. Commissioner needs to do. We have anything on 13 a.m. Okay, there'll be no action on 13 a.m. today. 13b is approval to appoint Paul. I always stumble on his name Regary. To replace Mr. JC Hughes on the transportation committee. This is a commissioner precinct one appointment. I move for approval. Second. Motion by Commissioner Cohn, second and by Commissioner Marchant. All in favor, please say aye. Aye. Aye. Opposite a aye. Motion does carry 13 C as approval of resolution filed in the district court of Denton County, Texas to collect the link with taxes on the property outline and cause number 2010 0593211 City of Lusso versus Phyllis G. Cable and unknown owners Jerry Simmons as lean holder and Ram only. This was provided by our doinck with tax attorney firm Recruer of the South of Brighton Airman. Chair is going to move for approval. Second. Seconded by Commissioner Coleman. Other questions? Here none all in favor, please say aye. Aye. Aye. Opposed, aye. Motion does carry. 14b is approval of amendment to the contract for sale of real estate between Denton County, Texas and the city of Denton for sale of certain two-acre track of land with improvements located in the southeast corner of McKinney Street and Oak Street and the H. Cisco Survey abstract 11 8 4 0 and the amount is $779,895 in order to amend the closing date to December 31st 2012. That's all we're doing here is changing the closing date. Thank you. We have a motion for approval by Commissioner Eads. The chair will second the motion. Other questions? Hearing none. All in favor, please say aye. Aye. Aye. Posting. Any motion carries. 14C is approval of the first amendment to their local cooperation agreement between Denton County, Texas and the town of Trophy Club, Texas for the trophy club drive improvement project located entirely within the town of town of Tropical Texas, Denton County Commissioner Precinct IV, decreasing Denton County's contribution from $2 million to $1 million, 700,000, with a balance of 300,000 to be transferred from Commissioner Precinct IV, AAA, Bonfons, Tropical Club Drive Project, auditor number 666-7536-9035. Do Commissioner precinct four, Indian Creek Drive Project plans auditor line item 666-7447-9035. How move for approval? That's a mouthful. It is a mouthful. We have a motion by Commissioner Eid, seconded by Commissioner Mitchell. Are there questions here in them none on favor please say aye aye Post a name motion carries 14d is a proval interlocal cooperation agreement between Denton County Texas in the city of Lake Dallas, Texas for the main street improvement project Located entirely within the city of Lake Dallas, Texas and Denton County Commissioner precinct three You want to make your motion? All right in the state of Texas and then kind of commissioner precinct three. You want to make your motion? All right. Motion by commission Mitch, I'll seconded by commission or colon hearing no questions on the favor, please say aye. Aye. Opposed, any motion carries. 14 E is approval of the local cooperation agreement between Dent County Texas and the city of Lake Dallas, Texas for the Main Street Improvement Project with the county green to contribute in a amount which should not exceed, which shall not exceed $100,000 towards satisfactory completion of the project for funds to be transferred from Commissioner Prusing 3, AAA, discretionary funds Auditor line item 666-75219035 to Commissioner Prusing 3, Miss Laney's project funds Auditor line item 6673909035. Motion by Commissioner Mitchell, seconded by Commissioner Eads, other questions? Any none? All in favor, please say aye. Aye. Post, any motion carries? 14 F. Prove of interlocal cooperation agreement between Dan County, Texas and the City of Lake Dallas, Texas for the Shady Shores Drive Improvement Project Located entirely within the city of Lake Dallas, Texas and Dan County Commissioner precinct 3 Motion by Commissioner Mitchell seconded by Commissioner Coleman Hearing no questions all in favor please say aye aye Opposed to name motion carries 14G is approval of the interlocal cooperation agreement between DEM County, Texas and the City of Lake Dallas, Texas for the humley drive improvement project located entirely within the City of Lake Dallas, Texas. DEM kind of commissioner precinct three. Motion by Commissioner Mitchell. Seconded by Commissioner Cohn. Here are no questions All in favor, please say aye. Aye. Aye. The closing name. Motion carries. I'm sure they are delighted to get all those projects going to Commissioner. 14-H is approval of the Interlocal Cooperation Agreement between the County Texas and the City of Tropicalab Texas for the Indian Creek Drive Project. We didn't kind of agree into contributing amount, which did not exceed $300,000 to the funds to be transferred from Commissioner Prissing for Triple 8 bond funds, Trophic Club Drive project. This is Auditor 667, 5369, 035 to Commissioner Prissing for Indian Creek Drive Project Funds Auditor 667, 447, 9035. Commissioner, it's yours. Ha ha. Motion by Commissioner Eid. Seconded by Commissioner Mitchell. Other questions? Here you are none. All in favor, please say aye. Opposed? Cine? Motion carries. We can do all these in one motion. 14 IJ and K, first 14 I is approval of interlocal agreement for property tax collection between Denton County, Texas and one that town of Coppertaining to, town of Bay shores. 14 J is approval of the same type of property tax collection agreement between Dent County and Northwest Independent School District and 14K is the same type of agreement between Dent County, Texas and Dent County Freshwater Supply District number 1B Dent County Freshwater Supply District number 1C and all of them are as recommended by the Dent County Tax Assessor Collector. Chair also move. by the kind of tax successor collector of Charyl Sun move, seconded by Commissioner Eans. Hearing no questions, all in favor, please say aye. Aye. Aye, opposed to Cine? Motion carries. Ladies and gentlemen, with that, we have completed our business. Everybody have a great day.