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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March 11, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 11th day of March, 2003, at 9:06 AM in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by 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 Pastor Jeff Williams, 1st Baptist Church of Denton, Texas, followed by the Pledges of Allegiance to the American and Texas Flags led by Beth Fleming, Director of Purchasing.
Pastor Williams: Father, we thank You for another day of life. We recognize that every day You give us is a gift. We thank You for the beautiful day that You have given us to live today, Father. Lord, we pray for our country today and, Lord, for the decisions that are being made by our leaders. Father, we pray for peace to prevail in our world and pray, Father, we would not have to go to war, that we might be able to resolve our differences otherwise, Father. We pray for President Bush. Thank You for his leadership. Thank You, Father, that he calls on You for his guidance in making decisions and pray that You would guide him in these very difficult days. And, Father, we might turn back to You as a nation and that You might lead us. Father, I pray for this Commissioners Court today. I thank You for their willingness to lead here in our County. We thank You, Father, that we are able to live in a county where we can feel safe, where we know our children will be safe and will be educated well. They can grow up and be contributors in our society. And, Father, we thank You that we have a Court that presides over that. Thank You for their leadership. Pray for the decisions they'll make today, that they would be guided by You and it would be to further, Father, the life that we live here in Denton County. Thank You again for this day, for all that will happen here in this place. And we thank You for Your son, Jesus. It's in His name we pray, Amen.
ITEM 1 PUBLIC INPUT
Judge Willard French, Justice of the Peace, Precinct # 4, presented his case to the court regarding an extension of funding for a Court Clerk Position in his precinct - Item 3.A in the Briefing Agenda.
Willie Hudspeth, Denton, vowed to continue his quest for bringing water to the fountains of the Confederate Soldier on the square until 2006.
ITEM 2 CONSENT AGENDA
(Items 9.A & 11.B were pulled for further discussion and/or separate vote.)
AUDITOR/TREASURER
5.B) Approve the Denton County Tobacco Settlement Distribution Report for 2003, and any appropriate action. (Briefing 03-04-03)
5.C) Approval of Payroll.
PURCHASING
6.A) Approval of renewal of Security Guard, RFP #01-02-1465, with International Investigators, and any appropriate action. (Briefing 03-04-03)
6.B) Approval of award of bid for Surface Treatment Aggregate (Type D, Grade 3, Grade 5), Bid #03-03-1533, to CAL Trucking, and any appropriate action. (Briefing 03-04-03)
BUDGET
7.A) Approval of Budget Amendment Request #100600 for Computer Software for County-Wide Technology in the amount of $520, and any appropriate action. (Briefing 03-04-03)
7.B)) Approval of Budget Amendment Request #100610 for Professional Liability for Public Health-Clinical in the amount of $10,000, and any appropriate action. (Briefing 03-04-03)
7.C) Approval of Budget Amendment Request #100620 to increase revenues and allocate expenditures for Training and Education for CHOS Museum in the amount of $150, and any appropriate action.
(Briefing 03-04-03)7.D) Approval of Budget Amendment Request #100630 to reallocate excess funds to Operating Supplies for Constable, Precinct #6 in the amount of $1,873, and any appropriate action. (Briefing 03-04-03)
7.E) Approval of Budget Amendment Request #100640 for Miscellaneous County Building Maintenance for County Operations in the amount of $6,712, and any appropriate action. (Briefing 03-04-
03)7.F) Approval of Budget Amendment Request #100650for Building Insurance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $5,116, and any appropriate action. (Briefing 03-04-03)
7.J) Approval of Budget Amendment Request #100690 for various line items and the creation of a new line items for Grant purposes for FY 2002-2003 for Bioterrorism Grant in the amount of $28,000, and any
appropriate action. (Briefing 03-04-03)7.K) Approval of Budget Amendment Request #100700 for Shop Tools/Equipment for Centralized Road and Bridge in the amount of $1,985, and any appropriate action. (Briefing 03-04-03)
7.L) Approval of Budget Amendment Request #100710 for Contract Labor for Sheriff's Department in the amount of $5,000, and any appropriate action. (Briefing 03-04-03)
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.) Michael Browning, Deputy Sheriff/Sheriff's Mental Health Unit; Valerie Howell, DO III Medical/Jail Health Dept.; Tracy Oliphant, Casework Supervisor/JJAEP; Kady Pilcher, Deputy Clerk II - Courts/County Clerk; Valerie Jackson, Deputy Clerk II - Courts/County Clerk; Catherine Wiechmann, Senior Administrator/County Clerk.
8.B) Approve revisions to Personnel Policy #6.6 Educational Tuition Reimbursement, and any appropriate action. (Briefing 03-04-03)
8.C) Approve the adoption of a Leave Without Pay Policy, and any appropriate action. (Briefing 03-04-03)
8.D) Approve revisions to Personnel Policy #3.9(c) Extended Unpaid Medical Leave, and any appropriate action. (Briefing 03-04-03)
COUNTY CLERK
11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for February 11, 2003, and any appropriate action.
11.C) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for February 21, 2003, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of the appointment of Mr. Joe A. Chiles to the Denton County Development District No. 4, and any appropriate action. County Judge (Briefing 03-04-03)
13.C) Approve adoption of the resolution in support of the At-Risk Youth Assessment Grant for the Denton County Juvenile Probation Department for fiscal year 2004. Juvenile Probation (Briefing 03-04-03)
13.D) Approve the resolution for the North Central Texas Intensive Home-Based Services Grant, and any appropriate action. Juvenile Probation (Briefing 03-04-03)
LEGAL
14.B) Approval of Amendment #1, to Contract No. 720056, between Denton County, Texas and the Office of Rural Community Affairs, and any appropriate action. (Briefing 03-04-03)
Move to approve Consent Agenda with the exception of Items 9.A & 11.B by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0117
ITEM 9 HEALTH
9.A) Approval of contract with Tarrant County for HIV Early Intervention Clinic Services, and any appropriate action. (Briefing 03-04-03)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0118
ITEM 11 COUNTY CLERK
11.B) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for February 18, 2003, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Horn abstained)
Court Order 03-0119
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of resolution supporting National Agriculture Week in Texas, March 15 thru 22, 2003, and any appropriate action. County Judge
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-01203.B) Approval of a resolution proclaiming March 16 - 22, 2003 as Poison Prevention Week in Denton County, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0121
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 -
GENERAL, $250.00 to Earlean Murphy, Attorney, incorrect amount.ADDITIONS TO -
GENERAL, D.A., $120.00 to Kaufman County Sheriff for Evidence Expense;
$ 20.00 to Polk County Sheriff's Office for Citation Service.
R & B, $ 9.51 to Hutton Communications for Freight;
CSCD, $ 354.59 to Progressive Concepts for Service;
$ 537.00 to Marx Howell & Associates for Registration Fee for 3 employees;
TNCP, $ 972.52 to Progressive Concepts for Service;
PH, $ 560.00 to National Health Services for Insurance - Dr. Kesseler.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0122
ITEM 7 BUDGET
7.G) Approval of Budget Amendment Request #100660 for prior year purchases for various County Departments in the amount of $727,486, and any appropriate action. (Briefing 03-04-03)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-01237.H) Approval of Budget Amendment Request #100670 for Appliances and Operating Equipment including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency
for Law Enforcement Facility in the amount of $16,177, and any appropriate action. (Briefing 03-04-03)Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 03-01247.I) Approval of Budget Amendment Request #100680 for Vehicle Repairs including the transfer of funds from Non-Departmental Unappropriated Contingency-Vehicle Repair Contingency for Mental Health Unit in the amount of $4,755, and any appropriate action. (Briefing 03-04-03)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 03-0125
ITEM 13 OTHER DEPARTMENTS
13.A) Discussion of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.E) Approval of participation by Denton County in the Integrated Criminal Justice Project through the Texas Conference of Urban Counties and any appropriate action. County Judge
TO BE DISCUSSED IN BRIEFING - NO ACTION13.F) Approve Verification of Petitions for Local Option Election - Town of Northlake and any appropriate action. Elections Department
13.F-1) Approve an order to Call Local Option Election - Town of Northlake for "the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Holders Only" on May 3, 2002 to Northlake Town Hall, 1301 FM 407, Northlake, Texas, Denton County; to designate the Elections Office 401 West Hickory, Denton, Texas as the main early voting site, that early voting will begin April 16, 2003 thru April 29, 2003; to designate the Northlake Town Hall as a branch location with voting hours the same as the Northlake Town Hall working hours; the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-012613.F-2) Approve an order to Call Local Option Election - Town of Northlake for "the Legal Sale of Beer and Wine for Off Premise Consumption Only" on May 3, 2002 to Northlake Town Hall, 1301 FM 407, Northlake, Texas, Denton County; to designate the Elections Office 401 West Hickory, Denton, Texas as the main early voting site, that early voting will begin April 16, 2003 thru April 29, 2003; to designate the Northlake Town Hall as a branch location with voting hours the same as the Northlake Town Hall working hours; the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, Texas 76202.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-012713.G) Approve submission to the Secretary of State for Elimination of Precinct 134 per Texas Election Code Section 42.010 due to no population, and any appropriate action. Elections Department
Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0128
ITEM 17 RECESS 9:56 A.M.
ITEM 18 RECONVENE 10:54 A.M.
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 11:50 AM15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
Move to approve the offer by the City of Denton for the surplus property owned jointly with the City of Denton on the west side of the railroad tracks by the National Guard Armory and authorization for the County Judge to execute all necessary real estate documents by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-012915.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: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, V. PHILLIPS SWAGER & ASSOCIATES, INC. HUBER, HUNT
& NICHOLS, INC. n/k/a HUNT CONSTRUCTION GROUP, INC., AND R.C. SMALL & ASSOCIATES, INC.; Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas.
NO ACTION ON ITEMS 15.B THROUGH 15.E
ITEM 19 ADJOURNMENT 11:52 A.M.
This set of minutes for March 11, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.