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 19, 2002
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 19th day of November, 2002, at 7:00 PM in the City Hall of Argyle, Texas 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 Bill Prichett, First Baptist Church of Argyle, and was followed by the Pledges of Allegiance to the American and Texas Flags led by the Mayor of Argyle, Richard Tucker.
Pastor Prichett: Heavenly Father, we thank You that You are active in the affairs of man through establishing his ability to be governed. We thank You, Lord, for this great land we call America that has chosen a democratic process by which to govern mankind. And to that end, Father, we thank You for the great democracy we have and the opportunity we have to be governed. Lord, I pray tonight that You would bless all the Commission and the agencies, the Boards, and the Councils that run our great land. And, particularly, this great County we call Denton, and this wonderful town we call Argyle. And to that end, I pray a special blessing to the men and women who give of their time and their sacrifice to lead us in ways that better our lives and honor You in so doing. We pray for their health. We pray for their happiness. We pray that they would make wise decisions and we ask all this tonight in the name of Jesus. And we thank You for blessing this great land we call Texas. Amen.
ITEM 1 PUBLIC INPUT
Councilman Joe Phelps of the Argyle City Council spoke to the court about the 1999 Road Bond Fund.
Mayor Richard Tucker welcomed Commissioners Court to the City of Argyle.
ITEM 2 CONSENT AGENDA
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of specifications and authority to advertise for Historic Courthouse Renovation, Bid #09-02-1521, and any appropriate action. (Briefing 11-12-02)
6.B) Approval of renewal of RFP #09-01-1447, Voluntary Benefits, with AFLAC for A) Accident Insurance; B) Short Term Disability; C) Cancer Expense Protection; D) Intensive Care Insurance; and E)
Hospital Confinement Insurance, and any appropriate action. (Briefing 11-12-02)
BUDGET
7.A) Approval of Budget Amendment Request #100140 for Computer Software for County-Wide Technology in the amount of $1,560, and any appropriate action. (Briefing 11-12-02)
7.C) Approval of Budget Amendment Request #100170 to increase revenues and allocate expenditures for Victim Notification Services for Criminal District Attorney including the transfer of funds from Non-
Departmental Unappropriated Contingency-Regular Contingency in the amount of $44,651, and any appropriate action. (Briefing 11-12-02)7.D) Approval of Budget Amendment Request #100200 for Computer Supplies for District Clerk in the amount of $1,104, and any appropriate action.
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.) Sammy Bishop, Bailiff/Sheriff's Department; Misty Hammons, Senior Clerk - Courts/County Clerk; Deanna Dyer, Deputy Clerk II - Courts/County Clerk; Tracy Kempf, Family Law Attorney II/Civil Child Abuse Prosecution Grant; Karen Betchan, Misdemeanor Prosecutor I/Criminal District Attorney.
COUNTY CLERK
11.A) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 5, 2002, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of amendment to terms of 381 Agreement to be entered into with AmerisourceBergen and any appropriate action. Economic Development (Briefing 11-12-02)
LEGAL
14.B) Approval o f Supplemental Agreement #1, to the Contract between Denton County, Texas and Carter and Burgess, Inc. for additional funding in the amount of $137, 615.00, for the SH 121 (Lewisville Bypass) project, and any appropriate action. (Briefing 11-12-02)
14.C) Approval of Supplemental Agreement #1, to the Contract between Denton County, Texas, and Teague Nall and Perkins, for additional funding in the amount of $22,675.00, for the Loop 288 East Project, and any appropriate action. County Judge (Briefing 11-12-02)
14.D) Approval of Supplemental Agreement, to the Contract between Denton County, Texas, and Teague Nall and Perkins, for additional funding in the amount of $6,570.00, for the FM423/FM720 Intersection Project, and any appropriate action. (Briefing 11-12-02)
14.G) Approval of the Interlocal Cooperation Agreement for Ambulance Service between Denton County and the Town of Trophy Club, and any appropriate action. (Briefing 11-12-02).
14.H Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Krum Volunteer Fire Department, and any appropriate action. (Briefing 11-12-02)
14.I) Approval of Maintenance Agreements between Denton County, Texas and Horizon Micrographics, Inc. for (a) two Minolta RP-603Z/RFC-15M' s and two Mini Mars 2/Zoom (serial #'s 30103055 & 30103058); (b) three Minolta RP603Z/RFC-15M's (serial #'s 3101962, 31013404, 31012189), three Mini Mars 2/Zoom, a Minolta DR-1600 (serial # 36005527) , MiniMaster 16 Processor , HF Extek 2150 Duplicator (serial # 5-738); (c) three Cannon RFS-1000/SQ Feeder/24X/45X/ CCD Scanners ( serial #'s BK300140, BK300142, BK300150); and Software Support Agreements between Denton County, Texas and Horizon Micrographics, Inc. for (d) PaperFlow Lite (serial # 22599); (e) PaperVision.Net (serial # 22023), PaperFlow (serial # 22025), DataFlow (serial # 22026), OCRFlow (serial # 22027), QCFlow (serial # 22028); (f) PaperFlow Lite (serial # 24196), OCFlow (serial # 24197) ; OCRFlow (serial # 24198), and any appropriate action. (Briefing 11-12-02).
14.M) Approval of Road Construction Contract between Glenn Thurman, Inc. and Rayzor Ranch, L.P. on behalf of the Denton County Fresh Water Supply District No. 6, as required by the Texas Transportation Code Section 257.003, and any appropriate action. (Briefing 11-12-02).
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 02-0716
ITEM 4 PUBLIC HEARING
4.A) Approval of changing the speed limit on Fishtrap Road, east of F.M. 2931 from 25 mph to 20 mph, and any appropriate action. Public Works/Road & Bridge Division
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0The following citizens from Aubrey, Texas spoke in favor of changing the speed limit: Fern Bugg, Susan Adkisson and Ben Adkisson. No one spoke against changing it.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0717
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.)ADDITIONS TO GENERAL -
JP # 5, $86.50 to JP # 5 for Bank Check Stock;
Non-Dept., $ 28.00 to Miguelito's for Employee Lunch;
$ 24.00 to Johnny Carino's for Employee Lunch;
$188.00 to Famous Dave's for Employee Lunch.Move to approve the amended Bill Report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 02-0718
ITEM 7 BUDGET
7.B) Approval of Budget Amendment Request #100160 to increase revenues and allocate expenditures for Vehicle Emissions Compliance Program for Non-Departmental in the amount of $156,029, and any
appropriate action. (Briefing 11-12-02)Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-07197.E) Approval of Budget Amendment Request #100210 for Computer Supplies and Computers for County-wide Technology in the amount of $32,218, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0720
ITEM 12 SHERIFF
12.A) Approval of the Underage Drinking C.O.M.B.A.T. Team Grant application for continued funding including $93,696 in grant funding and $9,596 in County funding for a total program cost of $103,292 and discussion of a Resolution for the Denton County Sheriff's Office, and any appropriate action. (Briefing 11-12-02)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0721
ITEM 8 HUMAN RESOURCES
8.B) Approval of COBRA and Retiree Rates for Plan Year 2003, and any appropriate action.
8.B-1) Move to approve PEBC 2003 COBRA Rates by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-07228.B-2) Move to approve Retiree Rates 2003 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0723
ITEM 13 OTHER DEPARTMENTS
13.C) Approval of implementation of Phase 1 of the Master Plan Space Study, including the possibility of a future bond election, naming an Executive Sponsor for the Implementation of the Facilities Master
Plan, and any appropriate action. County Judge (Briefing 11-12-02)Move to appoint Judge Mary Horn and Commissioner Jim Carter, Precinct # 4, as Co-Executive Sponsors to the Building & Property Committee by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0724
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.E) Approval of an Amendment #1 to the Contract between Denton County, Texas and Paragon Project Resources, Inc., for additional funding in the amount of $7,150.00, for a total contract amount of $184,812.00, for the IH 35E/FM1171 Ramp Modification Project, and any appropriate action. (Briefing 11-12-02)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-072514.L) Approval of (a) Participating in the Regional Public Works Program including Comprehensive Drainage Criteria & Design Manual and (b) authority for the County Judge to execute the FY 2003 Funding Commitment Response Form, and any appropriate action. (Briefing 11-12-02).
ACTION POSTPONED - DISCUSSION ON BRIEFING AT NEXT MEETING14.N) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the VAWA-FV Prosecution Grant Program
for the Criminal District Attorney's Office, and any appropriate action.Move to approve Items 14.N, O, P, Q, R, S, T & U by Comm. Carter, seconded by Comm. Jacobs.
Move to approve Item 14.N by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-072614.O) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the Child Abuse Prosecution Program for
the Criminal District Attorney's Office, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White, nay)
Court Order 02-072714.P) Approval of (a) Resolution regarding Criminal Justice Division funds and (b) the submission of the Application for the Criminal District Attorney Child Victim Intervention Specialist Grant for Denton
County for FY2004, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell, nay)
Court Order 02-072814.Q) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the 421-Juvenile Child Abuse Prosecution
Grant Program for the Criminal District Attorney's Office, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell, nay)
Court Order 02-072914.R) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the VAWA-Family Violence Expansion
Grant Program for the Criminal District Attorney's Office, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-073014.S) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the VAWA-Civil-Domestic Violence
Prosecution Grant Program for the Criminal District Attorney's Office, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-073114.T) Approval of the Resolution regarding Criminal Justice Division funds associated with the submission of the grant application for continuation funding of the 421-Civil-Child Abuse Prosecution
Grant Program for the Criminal District Attorney's Office, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & White, nay)
Court Order 02-073214.U) Approval of (a) Resolution regarding Criminal Justice Division funds and (b) the submission of the Application for the Criminal District Attorney Family Violence Intervention Specialist Grant for Denton County for FY2004, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White, nay)
Court Order 02-0733
ITEM 17 RECESS 8:31 PM
ITEM 18 RECONVENE 8:41 PM
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 8:43 PM
Court reconvened in Formal Session 10:00 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.
15.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.15.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.
NO ACTION ON ITEMS 15.A THROUGH 15.E15.F) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A),
Government Code; Discuss potential litigation by Yalondia Williams in regards to Amos G. Williams.Move to assign this matter to the Criminal District Attorney, Civil Division, by Comm.
Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0734
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of appropriate action to insure timely letting of the SH 121 Project. Commissioner, Precinct #2
ITEM 14 LEGAL
14.F) Approval of: a) the Project for design, construction and improvements of a portion of State Highway 121 from the Collin/Denton County line east to the Dallas North Tollway and b) the Interlocal Cooperation Agreement between Denton County, Texas and Collin County, Texas, for design, construction and improvements of a portion of State Highway 121 from the Collin/Denton County line east to the Dallas North Tollway, and any appropriate action. (Briefing 11-12-02)
14.J) Approval of the Supplemental Agreement #1 to the Contract between Denton County, Texas, and Bridgefarmer & Associates, Inc. for additional services and funding in the amount of $696,391.00 for the SH 121 Improvement Project, and any appropriate action. (Briefing 11-12-02)
14.K) Approval of the Supplemental Agreement #2, to the Contract between Denton County, Texas and Halff Associates, Inc., for additional funding in the amount of $43,814.24 for a total contract amount of $3,528,876.24, for the SH121/IH35E Interchange Project, and any appropriate action. (Briefing 11-12-02)
ABOVE FOUR ITEMS POSTPONED UNTIL NEXT MEETING
ITEM 19 ADJOURNMENT 10:01 PM
Move to adjourn by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0This set of minutes for November 19, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.