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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February 11, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 11th day of February, 2003, at 9:00 AM in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell's representative, deputy clerk Kathleen Bransford. Commissioner Jacobs was out of town.
Court opened with an Invocation by James Wells, Denton County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Vanessa Sims, Assistant to the Director of Economic Development.
Mr. Wells: Our Dear Heavenly Father, we thank You so much for this wonderful day and the wonderful weather that You've given to us. Thank You for this few days of calm in the midst of the turmoil that's going on around the world. Help us to remember just as You can make this day calm and this day beautiful, that You can control the events of the world. And, if anything happens that You cause for Your own good reasons and if there are some things that we're not supposed to understand, please give us peace and understanding that You are in control. Watch over the things we do today, the actions that are taken and bless the ones that lead the County. Give them wisdom and give them guidance to act in Your will. Protect each of us. Protect us from sin. Guide over us. In Jesus' name we pray, Amen.
ITEM 1 PUBLIC INPUT
Dr. Howard Smith presented the Denton County Historical Commission Annual Report, thanked the court for being the best in Texas for supporting this commission and invited the court to the regional meeting of the Texas Historical Commission hosted by Denton February 28th.
Mr. Willie Hudspeth questioned court members again as to why, while all this digging and construction is going on around the Courthouse, that the fountains on the Confederate Soldier cannot be connected and made usable.
ITEM 2 CONSENT AGENDA
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.B) Approval of award for Computer Room Air Conditioning Units, Denton County Courts Building Computer Room, Bid #12-02-1532 to CBS Mechanical, and any appropriate action. (Briefing 02-04-03)
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.) Kenneth Redden, Print/Mail Specialist - Print/Mail Department; Felicia Whitaker, Deputy Clerk - Courts/County Clerk; Cassy Miller, Senior Clerk - Courts/County Clerk; Larry Musick, Driver - Equipment Operator/R & B; Friedrich Key, Driver - Equipment Operator/R & B; Cindy Selder, Communications Officer/Communications; Haider Khan, Deputy Sheriff/Sheriff's Dept.; Floyd Preskitt III, Detention Officer I/County Jail; Chris Rogers, Detention Officer I/County Jail; Chad Swann, Detention Officer I/County Jail; Laura Sweeten, HIV Educator/HIV Education Grant; LeDena Ferrell, Chief Administrator/Commissioner, Precinct # 4.
8.B) Approval of changing the table of organization in the County Clerk's office as follows: Move part-time Deputy Clerk position (slot #037-CK) from Recording Section to Courts Section. Move full-time Deputy Clerk position (slot #025-CK) from Courts Section to Recording Section, and any appropriate action. (Briefing 02-04-03)8.C) Approval of the creation of a new physician position at 24 hours per week, in the Health Department in an emergency situation, and any appropriate action. (Briefing 02-04-03)
8.D) Approval of changes to the job description for the DOI/Crewman in the Road & Bridge Department, and any appropriate action. (Briefing 02-04-03)
PUBLIC WORKS
10.A) Approve the Final Plat of The Meadowlands, Precinct #4. Planning Department
COUNTY CLERK
11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for January 28, 2003, and any appropriate action.
OTHER DEPARTMENTS
13.C) Approve the re-appointment of Robby Wright to Place 6 of the Lewisville Tax Increment Reinvestment Zone No. 1 (Old Town) Board of Trustees, and any appropriate action. Economic Development (Briefing 02-04-03)
13.D) Approve the application for the USDA School Commodity Program (school year 2003-2004), and any appropriate action. Juvenile Probation (Briefing 02-04-03)
LEGAL
14.B) Approve Joint Interlocal Cooperation Agreement for Peace Office and Patrol Services between Denton County and Denton County Fresh Water Supply District No. 8-A, Denton County and Denton County Fresh Water Supply District No. 8-C, Denton County and Denton County Fresh Water Supply District No. 9, Denton County and Denton County Fresh Water Supply No. 10, Denton County and Denton County Fresh Water Supply No. 11, and any appropriate action. (Briefing 02-04-03)
14.D) Approval of Amendment 2 to the Cooperative Agreement between the Office of the Attorney General of the State of Texas and Denton County, Texas, and any appropriate action. (Briefing 02-04-03)
14.E) Approval of Lease Addendum to Local Government Term Rental Agreement (#5447223-402) with Pitney Bowes, Inc., and any appropriate action. (Briefing 02-04-03)
14.F) Approval of a) the project for a drainage study in an area including the intersection of FM 407 and FM 2499, located within the City of Highland Village and the Town of Flower Mound, and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Highland Village and the Town of Flower Mound for the drainage study in an area including the intersection of FM 407 and FM 2499, and any appropriate action. (Briefing 02-04-03)
Move to approve Consent Agenda by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0059
ITEM 5 AUDITOR/TREASURER
A) 5.A) Approval of Bill Report and Acceptance of Auditor's Monthly Financial 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 -
County Court at Law # 1, $ 280.20 to Omni Hotel for Lodging for Judge Whitten;
Jail Health, $ 11,563.00 to Texas Medical Liability for Insurance for Dr. James Rampoldi.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0060
ITEM 6 PURCHASING
6.A) Approval of specifications and authority to advertise for Direct Recording Electronic Voting Equipment and County System, RFP #01-03-1536, appointment of Evaluation Committee and any
appropriate action. (Briefing 02-04-03)Motion by Judge Horn, seconded by Com. Carter to appoint a committee to study the use of this equipment with the following membership: Beth Fleming, Director of Purchasing; Kevin Carr, Director of Information Services; Don Alexander, Elections Administrator; Denton County Judge Mary Horn; Steven Mossman, Tax Assessor/Collector; County Clerk Cynthia Mitchell; Diane Edmondson, Republican Chair; Sym Landreth, Democratic Interim Chair. (Item to be re-posted for approval of RFP.)
Motion Carried 4-0-0
Court Order 03-00616.C) Approval of recommendations from Purchasing Department for the Greening of Denton County to re-establish and expand the Recycling Committee, to draft policies with a goal of encouraging and
increasing the use of environmentally preferable products and waste reduction measures with committee members including Commissioner Cynthia White, Frank Phillips, Beth Fleming, Pat Griffith, Clarence
McCraw, Gustavo Hernandez, Kelly Zwinggi, Theresa Rogers, Jody Gonzalez, Cathy Allcorn and a representative from the Sheriff's Department, and any appropriate action. (Briefing 02-04-03)Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0062
ITEM 7 BUDGET
7.A) Approval of Budget Amendment Request #100490 for Outside Counsel including the transfer of funds from Non-Departmental Unappropriated Contingency-Outside Counsel Contingency for Non-
Departmental in the amount of $72,339, and any appropriate action. (Briefing 02-04-03)Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-00637.B) Approval of Budget Amendment Request #100500 to increase revenues and allocate expenditures for Office Supplies for CHOS Museum in the amount of $5,300, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0064
ITEM 8 HUMAN RESOURCES
8.E) Approve the transfer of an Office Support Specialist 1 position (slot #021-CS) from the Department of Information Services budget to the County Clerk's budget.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0065
ITEM 9 HEALTH
9.A) Approval for Doctor Burton to sign an MOU with the American Red Cross, and any appropriate action. (Briefing 02-04-03)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0066
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the78th Legislative Session.
Don Alexander, Director of Elections, asked the court to consider placing the following three Legislative Policy Statements in the Packet to be approved next week. LPS's opposing: House Bill 441, Senate Bill 135 & Senate Bill 207.
Move to request the Criminal District Attorney's Office, Civil Division, to write a letter to the Attorney General requesting an opinion on whether or not Denton County would qualify in the Transportation Code under governmental purposes to be able to swipe a voter's driver's
license for the purpose of expediting the voting process by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-006713.B) Approve names to be drawn from the 2002 Grand Jury, to serve on the Denton County Salary Grievance Committee for year 2003. Aide-to-the-Court
Move to approve Lewis Lawrence, Double Oak, and Mary Thibodeaux, Denton, by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-006813.E) Approve request for Denton County to pursue Certified Local Government status, and any appropriate action. Historical Commission (Briefing 02-04-03)
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-006913.F) Approve appointment of Anita Nelson the Transportation Committee as a representative of Precinct #3. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-007013.G) Approve the appointment of Bob Cates to the Environmental Task Force to fill a vacant position, and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-007113.H) Approve re-appointment of Mr. Benjamin Grooms to the Denton County Veterans Advisory Board, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-007213.I) Approval of re-appointment of Julia Kidd to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-007313.J) Approve re-appointment of Mary Thomas to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-007413.K) Approve adjustment of member Howard Hunt to the Child Protective Services Board from County Judge appointment to Commissioner, Precinct #2 appointment, effectively immediately, and any appropriate action. Commissioner, Precinct #2
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-007513.L) Approval of re-appointment of Dean Ueckert to the Denton County Transportation Committee as a Precinct #3 representative, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-007613.M) Approval of the appointment of Jerry Doug Mitchell to the Denton County Advisory Board as a Precinct #3 representative, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-007713.N) Approval of a request from the Denton County Democratic Executive Committee to use the conference room at the Public Works facility, 306 N. Loop 288, Denton, TX, for meetings on the 2nd
Thursday of every month beginning February 13, 2003, and ending January 4, 2004, (excluding the month of May and November, 2003), and any appropriate action. County JudgeMove to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-007813.O) Approve the re-appointment of Pamela Head to the Denton county Social Services Organization Committee, and any appropriate action. Commissioner, Precinct #2
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-007913.P) Approval of the appointment of Shirley Spellerberg to the Social Services Organization Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0080
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.C) Approve of a) Resolution authorizing participation in the Voluntary Maintenance Project in Denton County, Texas and b) Local Transportation Project Advanced Funding Agreement between Denton
County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the Voluntary Maintenance Project, and any appropriate action. (Briefing 02-04-03)Move to approve including spelling corrections by TxDot by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0081
ITEM 17 RECESS 10:18 AM
ITEM 18 RECONVENE 10:48 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
Court Reconvened in Formal Session 11:25 AM15.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, Personnel Matters 551.074, Government Code; Discussion regarding
Rubiella Morrison.
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 Settlement of Claims against Automated Cable and Boggs Electric regarding the Flooding of the Law Enforcement Building.
Move to approve the recommendation of the Criminal District Attorney, Civil Division, that the court authorize the County Judge to execute a release for settlement of a claim filed by the County against Automated Cable Systems & Boggs Electric by Comm. Mitchell, seconded
by Comm. White.
Motion Carried 4-0-0
Court Order 03-0082
ITEM 19 ADJOURNMENT 11:27 AM
This set of minutes for February 11, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.