Denton County Commissioners Court
Courthouse on the Square
110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012.
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Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
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November 5, 2002
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 5th day of November, 2002, at 9:00 AM by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell's representative, deputy clerk Kathleen Bransford.
Court opened with an Invocation by Dr. Bing Burton, Director of the Health Department, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, Manager of County Planning for the Public Work's Department.
Dr. Burton: This is the day the Lord has made. We will rejoice and be glad in it. Lord, You have promised us that if we would humble ourselves and if we would seek You with our whole heart, that You will hear our prayer and that You will heal our land. And so, on this Election Day, we bow our hearts before You, seeking Your grace and seeking Your guidance for our country, one nation under God. We pray also for Your guidance for this Commissioners Court. We would ask that all that is said and done here would be pleasing to You. Guide us and direct us and be with us. We pray in Jesus' name, Amen.
ITEM 1 PUBLIC INPUT
ITEM 2 CONSENT AGENDA
(Item 10.B was pulled from the Formal Agenda at the request of the department.)
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of specifications and authority to advertise for Corrugated Metal Pipe, Bid #10-02-1524, and any appropriate action. (Briefing 10-29-02)
BUDGET
7.A) Approval of Budget Amendment Request #100090 for Computer Hardware for County-Wide Technology in the amount of $4,554 and any appropriate action. (Briefing 10-29-02)
HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. Interviews were conducted as set forth in the Denton County policies adopted by the Commissioners Court, except as otherwise stated in the appointment orders. These appointments are within the budgetary constraints.) Frank Phillips, Director of Administration for the County Judge; Catina Forte, Deputy Clerk - Motor Vehicles/Tax Assessor; Sandra McKinney, Administrative Manager for the Bioterrorism Preparedness Grant; Veronica Barrera, Detention Officer I/County Jail; Nicalle Edwards, Detention Officer I/County Jail; Richard Greene, Detention Officer I/County Jail; Daniel Trawick, Juvenile Corrections Officer/Juvenile Post Adjudication; Kady Pilcher, Deputy Clerk-Courts/County Clerk.
PUBLIC WORKS
10.C) Approve the Final Plat of the Providence Addition, Phase 2, Precinct #1, and any appropriate action.
COUNTY CLERK
11.A) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 8, 2002, and any appropriate action.
11.B) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 15, 2002, and any appropriate action.
LEGAL
14.B) Approval of: a) the Project for replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, located within the City of Denton and b) the Interlocal Cooperation Agreement between
Denton County, Texas and the City of Denton for replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, located within the City of Denton and any appropriate action. (Briefing 10-29-02)14.C) Approval of the Grant Acceptance Notice for the Family Violence Expansion Grant Number WF-01-V30-13433-05, for the Denton County Criminal District Attorney's Office and any appropriate action.
(Briefing 10-29-02)14.D) Approval 0f the Grant Acceptance Notice for the Prosecution Enhancement Grant Number WF-01-V30-13432-05, for the Denton County Criminal District Attorney's Office and any appropriate action.
(Briefing 10-29-02)14.E) Approval of the Grant Acceptance Notice for the Civil Domestic Violence Prosecution Grant Number WF-01-V30-16180-02, for the Denton County Criminal District Attorney's Office and any
appropriate action. (Briefing 10-29-02)Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 02-0694
ITEM 4 PUBLIC HEARINGS
4.A) Approve the Replat of the Farlin Addition - Lantana, Precinct #4 and any appropriate action. Public Works/Planning
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke in favor or against the replat.
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve replat by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0695
ITEM 5 AUDITOR/TREASURER
5.A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS FROM -
General, $200.00 to KXGM, incorrect vendor;
TNCP, $148.32 to Quest Diagnostics, Inc., duplicate payment;
IC, $11.70 to Stewart, M.A., M.D., per department.CORRECTIONS to CSCD, $4,400.00 to Mayan Ranch for one less employee in attendance, s/b
$3960.00.ADDITIONS TO -
Sheriff's Office Training, $295.32 to Comfort Inn, lodging for two employees;
'99 Road Construction, $2,750.00 to Tom Jester,
$2,750.00 to Ron Neiman and
$2,750.00 to Randolph Stout in Award of L.Lee vs. Denton County.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 3-2-0 (Carter & Mitchell nay)
Court Order 02-0696
ITEM 10 PUBLIC WORKS
10.A) Approve Tuesday, November 26, at 9:05 a.m. as date and time to conduct a Public Hearing to consider a Special Use Permit for Abstract #497, Tract 4A in The Lake Ray Roberts Land Use District as requested by Mr. and Mrs. Roy Donn and recommended by The Lake Ray Roberts Planning & Zoning Commission and the Planning Department and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-069710.B) Approve the Final Plat of the Providence Addition, Phase 1-A, Precinct #1, and any appropriate
action.
ACTION POSTPONED FOR NEXT MEETING
ITEM 8 HUMAN RESOURCES
8.B) Approval of a telecommuting agreement with Kim McCoig and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0698
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of appropriate action to insure timely letting of the SH 121 Project and any appropriate
action. Commissioner, Precinct #2. (Formal 10-8, 15, 22 & 29-02)
ACTION POSTPONED FOR NEXT MEETING13.B) Approval of proposed wording for the plaque that will be located near the Confederate Soldier Monument and any appropriate action. County Judge. (Formal 10-29-02)
Move to approve with a correction by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-069913.C) Approve the inscription "I have many memories of 'Old Alton Bridge' and I love every on of them" - Wayne Stuart Ryan - on the concrete bench to be placed near the Old Alton Bridge as
recommended by The Old Alton Bridge Committee and ay appropriate action. Commissioner Precinct, #1Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-070013.D) Approve the reappointment of Darlene Munger to the Environmental Task Force as a Precinct #4 appointment, term ending 12-31-04 and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-070113.E) Approve the reappointment of Clarence D. (Dan) Hill to the Environmental Task Force as a Precinct #4 appointment, term ending 12-31-04 and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0702
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.F) Approval of the Standard Form of Agreement for Services between NetVersant and Denton County, Texas and any appropriate action. (Formal 10-29-02)
ITEM PULLED FROM AGENDA PER DEPARTMENT
ITEM 16 ADDENDA
16.A) Approve the final plat of the Meridian Addition, Phase A-Lantana, Precinct #4, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0703
ITEM 1 PUBLIC INPUT
The Court wished John Polster a Happy 40th Birthday.
ITEM 17 RECESS 9:31 AM
ITEM 18 RECONVENE 9:50 AM
ITEM 15 EXECUTIVE SESSION
The Commissioners Court reserves the exercise of its discretion and may convene in executive session as authorized by the Texas Government Code §§551.071, et seq. on any of the agenda items.
For purposes permitted by Texas Government Code, Section 551.071 - Contemplated or Pending Litigation or Settlement Offer, Section 551.072 - Real Property, Section 551.074 - Personnel Matters, and Section 551.076 - Security.Court Convened in Executive Session 9:52 AM
Court Reconvened in Formal Session 12:12 PM15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
15.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076.
NO ACTION ON ITEMS 15.A OR B15.C) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Luther Joe Lee, individually and as Trustee of the Dorothy LaVerne Lee Testamentary Trust, Frankie Jo
Robbins, individually, as Trustee of the Jason Lee Robbins 1994 Irrevocable Trust, and as Trustee of the Jon Mark Robbins 1994 Irrevocable Trust, Jon Mark Robbins and Jason Lee Robbins v. Town of North Lake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-362, pending in the 362nd District Court of Denton County, Texas.Move to approve of Thompson, Coe, Cousins & Irons, L.L.P. entering into a Settlement Agreement in Luther Joe Lee, et al v. Town of Northlake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-36; In the 362nd Judicial District Court of Denton
County, Texas on behalf of Denton County to obtain necessary state right-of-way in the amount previously authorized by the Special Commissioners and an additional $19,000 to be paid into the Registry of the Court and authorizing apportionment of costs by and among the
Defendants for projects authorized by TTC Minute Order 106745 by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-2 (Mitchell & White abstained)
Court Order 02-070415.D) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, Cause No. 02-00-00358-CV, pending in the 2nd Court of Appeals of Texas at Fort Worth.
15.E) Consultation with Attorney: Texas Government Code, Section 551.071 (2); State Infrastructure Bank Loan terms and conditions for State Highway 121 Main Lanes Project.
15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Texas Properties Partnership v. Town of Northlake, Denton County and Texas Department of Transportation, Cause No. ED-2002-00729; pending in the Probate Court of Denton County, Texas. County Judge
NO ACTION ON ITEMS 15.D THROUGH F15.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Resort Realty Company v. City of Lake Dallas and Denton County; Cause No. 4:02-CV-00148, in the United States District Court Eastern District of Texas, Sherman Division.
Move to approve the recommendation of the Civil Division of the Criminal District Attorney's Office that the court authorize the Civil Division to retain the attorney John Kelsey in the law firm of Kelsey, Kelsey & Collister to proceed with the condemnation action in this
pending litigation by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & White nay) Court Order 02-0705
ITEM 19 ADJOURNMENT 12:15 PM
Move to adjourn by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0This set of minutes for November 5, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.