Good morning ladies and gentlemen, Denton County Commissioners Court for Tuesday, October 13, 2009 is now in session. This morning, an invocation be given by Mr. Jim Heath and our pledges be led by John Felt. We please stand. Oh, you're head, please. I have any father. Thank you for this day. Thank you for our country, our state and its county. Father, we ask that all the things that court today be in your pleasure. Father, we thank you for these good rings of head, for these bins many years of wrath. And Father, we'd also ask you to please be with all of our service people throughout the world as they stand in harm's way. May they come home safe and sound. Now they may pray. Amen. Please join me in the pledge of allegiance to the flag of the United States of America. Followed by the pledge of allegiance to the Texas flag. The United States of America. And to the republic for which it stands, one Nation under God, liberty and justice for all. Honor the Texas flag, I pledge to you to the Texas one state, one in the individual. Thank you, gentlemen. Item one is for public input. For items not listed on the agenda, if 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 available from the aid to the court. And we'd be glad to hear from you. I want to remind everyone to please turn off your cell phones and pages. Members, item 2 is the consent agenda. The item's on the consent agenda that you need to pull for discussion or do we have a motion for approval? Motion by Commissioner Ead, seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Opposed, say nay. Motion does carry. Consent agenda today consists of 2A, which is approval of the order making appointments. We have a new hire in the county clerk's office, a demotion in the county clerk's work its management, two promotion in the criminal district attorney's office, one demotion in the criminal district attorney's office, a rehire in the county jail, and promotion in juvenile probation services, and a promotion in jail health. 2B is approval of the Intrad Department of Transfers, 2C is approval of payroll, 2D is approval of specifications and authority to advertise. Rebid number 09091996 is transportation of human remains. 2E is approval of specifications and hearing design services for road and bridge west, appointment of evaluation committee. And There's nothing under item three item four is a public hearing. This is a public hearing approval on amendment to the Lake River Roberts Land Use Ordinance for a zoning change to a minimum of 15 lots of zone to five I'm sorry R5, Residential Estate District with a restriction that lasts 8, 9, and 12 block A of Timberlake, Trial Subdivision, shall be zoned R5, Residential State District and all remaining lines shall be zoned R2, single family, medium, density. This is in precinct one. We need a motion for a public hearing. Motion by Commissioner Coleman, second by Commissioner Marchand, all in favor, please say aye. Aye. Opposed, sitting. Motion carries. Good morning, Mr. Chairman. Good morning. The Planning and Zoning Commission on September the 14th met for public hearing in regards to this sounding change amendment. There was 18 certified mailouts. There was one public response back. And the Planning and and zoning commission did vote an animously for this amendment to go forward to the commissioners court. Okay, the person that responded back did they just have questions? The person that responded back was basically wanting to make sure that there were larger lots and not smaller lots in the zoning change amendment. Are there any questions or members of Court? Does anyone understand that so it would like to address commissioners Court on this issue, the proposed change to the Lake River Roberts Land Use Ordinance for the zoning change? Anyone who would like to address commissioners Court on this issue, either in favor of or opposed to? Hearing none, do we have motion closed of public hearing? Motion by Commissioner Coleman, seconded by Commissioner Mitchell. All in favor, please say aye. Aye. Opposed, aye. Motion does carry. We now need to take action on the. Thank you. Thank you. We have a motion for approval by Commissioner Coleman, seconded by Commissioner Marchin. Here in no discussion, all in favor, please say aye. Aye. Opposed, aye. Motion to ask carried. Thank you, Rachel. 5 a is approval bill report payments from CSCD, Community Corrections, TAIP, Shares, Training Shares, Forfeiture, VIT Interests, D.A. Check the and D.A. Forfeiture funds are presented for recording purposes only good morning James Wells. Morning, Judge, commissioners, I'd ask the court to approve the bill report with the three deletions and two additions at a note on a separate page. That's all corrections I have. Any questions or members of the court? Do we have a motion for approval? Motion by Commissioner Mitchell. Seconded by Commissioner Eads. Here are no questions. All in favor, please say aye. Aye. Opposed? Aye. Aye. Aye. Opposed? Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye grant revenues at $40,000 into transfer $153,000, $37 from non-departmental and appropriate grant contingency, the salary, assistance, benefits, and various operating line items for criminal district attorney prosecution enhancement grant in the amount of $193,000, $37. Thank you. We have a motion for approval by Commissioner Marchin. Seconded by Commissioner Eads. Other questions? Your none on favor, please say aye. Aye. Opposed to the name? Motion carries. 7B is approval of Budget Amendment quest 1-008-0 to increase grant revenues $80,000 and to transfer $133,277 from non-departmental and appropriated grant contingency to salary assistance benefits and various operating light items. So criminal district attorney family violence expansion grant in the amount of $213,277. Thank you. We have motion for approval of our Commissioner Marchant. Chair, we'll second the motion. Other questions? Any none? All in favor, please say aye. Aye. Opposed to the knee. Motion carries. 7C is approval of Budget Amendment Quest 1-009-0. Do you increase revenues and allocate expenditures for greater debt and arts council grant for educational supplies and events in the amount of $1,000. Chair will move for approval. Seconded by Commissioner Eads, other questions? Hearing none, all in favor, please say aye. Aye opposed, sitting. Motion passed, scary. 10A is approval accepting the rose from maintenance in the sage, meadows and sunflower meadows subdivisions. Approval. Thank you. We have a motion for approval by Commissioner E. Seconded by Commissioner Mitchell. Other questions? All in favor, please say aye. Aye. Opposed sitting? Motion does carry. I get the right page. Item 13A is approval of nominations to the Dent Central Presid District, a Paraisal Review Board. And Commissioner Coleman, this is the person that originally you brought to us as a recommendation for the ARB, but I was so impressed with her experience and felt that she would be such an asset on the ARB. that she would be such an asset on the ARB suggested the Commissioner calling that probably be able to use her expertise better on the ARB and certainly help us just for the record this person and I'm sorry I can't find your name. the state law in the property tax code says that in order to serve on the ARB you cannot have worked for the district. And I did check with the presidentasal District and their legal counsel and They interpreted the way I hope they would interpret it and that was since she worked for the appraisal district in Terrent County And not Denton County it would be okay for her to serve in the capacity as an ARB member in Denton County and And so if that, if you'd like to go ahead and make the motion. ARB. Thank you. I'm motion by Commissioner Coleman, seconded by Commissioner Mitchell. Just under discussion I will tell you that I talked to some people at the appraisal district and they know of her and they're delighted to get this recommendation at Tarrant County exactly. So she has a thorough knowledge of the tax code and will be a real asset in that position. All right, I'll enter over the motion. Please say aye. Aye. Aye opposed to the name? Motion does carry unanimously. I think I've already done that and Ashley is all prepared to get the information to the Pregal District so you don't need to do anything. All right, under other departments, item 13A, this, well I'm sorry, this is what we just did. Fourteen is under legal. So approval of amendment number one to maintenance and support service agreement between Denton County and Tyler Technologies is recommended by the director of information services. Thank you. We have a motion by Commissioner Mitchell. Seconded by Commissioner March and other questions. Here none all in favor please say aye. Aye opposed any motion does carry 14 B is approval of a contract between 2021 construction and LLC in Denton County for the South County Line Road Bridge replacement project in the amount of $212,880 with funding to come from Commissioner precinct for contract labor road and bridge construction funds. This is auditor number 205 zero. I'm sorry, 205 0, 5, 2, 2, 0, 8, 5, 4, 0. This isn't Commissioner precinct 4. Approval. We have a commotion by Commissioner E. Seconded by Commissioner Marchand other questions. Any none on favor, please say aye. Aye. Opposed to the name. Motion does carry. In 14C is approval of the local project advanced funding agreement between Dan and Connie Texas and the State of Texas acting by and through the Texas Department of Transportation for Traffic Signal Installation on US377 at the intersection of Liberty Christian School Drive. This is CSJ091800127, any amount of $91,303 the funding to come from Commissioner precinct for triple eight discretionary funds. For approval. Motion by Commissioner Ead, seconded by Commissioner Marchion. Other questions? All in favor, please say aye. Aye. Opposed, Cine? Motion does carry. 14D is approval of the 2009 2009, 2010 interlocal corporation agreement for library services between Denton County, Texas and Crumb Public Library, City of Crumb. Motion by Commissioner Mitchell, seconded by Commissioner Eads. Any questions? All in favor, please say aye. Aye. Opposed Cine, motion does carry. Caxis item 15, which is executive session. This is consultation of attorney potential litigation pursuant to section 551.071.1A of the government code claim of Darrell Bennett and 15B is consultation with attorney pending litigation pursuant to 551.071.1A of the government code Gary D. Mann versus Benny Parky at all in the 21st District Court Denton County, Texas. This is cause number 2008 303-59-211 with that. We are in executive session. . The commissioners' court is reconvened from executive session. Under item 15A, there will be no action. 15B, the chair is going to move to have this case assigned to the Dictant County District Attorney Civil Division. Second. Second. Seconded by Commissioner Eans. On favor of the motion, please say aye. Aye opposed the name. Motion does carry. Believe that concludes all of our business. The lift that we are adjourned. Everybody have a great day. Drive safely up there. Thank you.