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 25, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 25th day of March, 2003, at 9:00 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 Hank Scheible, Veterans Service Officer for Denton County, followed by the Pledges of Allegiance to the American and Texas Flags led by Joe Roy, Vice-Chairman of the Denton County Transportation Authority Committee.
Mr. Scheible: Most gracious Heavenly Father, we come before You this morning just praising Your name because You are God Almighty. We come before You specifically beseeching You that You would lift up our President, his cabinet, the legislature, the generals and all of those in charge of our military operations right now. Father, specifically, we lift up our troops, and even more specifically those troops from Denton County: Mary Gonzales, Chelsea McKinney, Wayne French, Clint S. Smith, Joey Luttner, James S. Angelino, Johnnie Knott, Jerry Holland, Craig M. Smalls, Ilicia Walker, Joseph Reed Powell, Daniel Guenther, Douglas Zimmerman, Robert Guenther, James A. Horn, Jason Smith, Christopher Vaughn, David Maples & Jeff Rothmeier. Father, we know that there are no atheists in foxholes, that these young men and women are now facing the possibility of being shot, wounded, captured and that they do turn to a God. They don't know You, specifically, perhaps. But if they do, Lord, we just ask that You would encourage them, strengthen them. If they don't, that they would turn their hearts and minds towards You, and accept You as Lord and Savior. Father, we lift up today this Court and all of the sessions that will be going on, all the decisions that will be made. We ask that You would give them the mind of Christ, that they would understand Your will and do what is glory - brings glory and honor to Your name. In Christ's name we pray. Amen.
ITEM 1 PUBLIC INPUT
ITEM 13 OTHER DEPARTMENTS
13.C) Approval of the request for funding from the Denton County Transportation Authority (DCTA) in
the amount of $86,250, and any appropriate action. County Judge (Briefing 3-18-03)Move to approve with the funding as follows:
$40,098 surplus funds from the Denton Central Appraisal District FY 2003 appropriation;
$ 8,146 in FY2002 budget that can be rolled over to FY2003 budget;
$ 244 surplus funds from the NCTCOG FY2003 appropriation;
$ 1,773 surplus funds from Conference of Urban Counties FY 2003 appropriation;
$35,989 funds from contingency in FY2003 (per Mr. Correll);
$86,250 TOTAL AVAILABLE, IF NECESSARY.
by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0139
ITEM 2 CONSENT AGENDA
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Acceptance of report of proceeds from supplies sale #02-03-1540, and any appropriate action. (Briefing 3-18-03)
BUDGET
7.A) Approval of Budget Amendment Request #100770 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various other line items and the creation of new line items for Contract
purposes for FY 2002-2003 for Denton County Fresh Water Interlocal Contract and County-Wide Technology in the amount of $60,930, and any appropriate action. (Briefing 3-18-03)7.B) Approval of Budget Amendment Request #100780 for Substitute Court Reporter including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for County Court at Law #2/Civil in the amount of $1,624, and any appropriate action. (Briefing 3-18-03)
7.C) Approval of Budget Amendment Request #100790 for Computers for County Jail in the amount of $1,471, and any appropriate action. (Briefing 3-18-03)
7.D) Approval of Budget Amendment Request #100800 for Prior Year Purchases for Commissioner, Precinct #2 in the amount of $200, and any appropriate action. (Briefing 3-18-03)
7.E) Approval of Budget Amendment Request #100810 to increase revenues and allocate expenditures for Operating Equipment and Video Equipment for the Sheriff's Department in the amount of $21,635, and
any appropriate action. (Briefing 3-18-03)7.F) Approval of Budget Amendment Request #100820 to reallocate excess funds to Operating Supplies for Sheriff's Department in the amount of $10,720, and any appropriate action. (Briefing 3-18-03)
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.) Beatrice Chambers, Court Clerk/JP # 5; Johnny Hammons, Deputy Constable/Constable Pct. 1; Jennifer Grubbs, Senior Clerk - Courts/County Clerk; Merisha Calhoun, Deputy Clerk - Courts/County Clerk; Julie Lewis, Deputy Clerk - Courts/County Clerk; Penny Campbell, Detention Officer I/County Jail; Wanda LaGrone, Detention Officer I/County Jail; Debra Lockhart, Detention Officer I/County Jail; Gerald Shepherd, Detention Officer I/County Jail; Chris Inman, Sergeant - Detention/County Jail; Gregg Bewley, Investigator/School Resource Officer.
COUNTY CLERK
11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for March 11, 2003, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of Criminal Justice policies 1.2, 3.5, 5.3, 5.4, 5.5, Appendix B, and any appropriate action. Information Services (Briefing 3-18-03)
LEGAL
14.B) Approval of the Architectural Contract Agreement between Denton County, Texas and HDR Architecture, Inc., and any appropriate action. (Briefing 3-18-03)
14.C) Approval of Addendum "C" as an amendment to the September 30, 1999 Historical Collection Loan Agreement between Denton County and the University of North Texas, and any appropriate action. (Briefing 3-18-03)
14.D) Approval of Texas Motor Speedway Law Enforcement Task Force-Interlocal Cooperation Agreement between the City of Ft. Worth Police Department, Denton County, Tarrant County, City of Northlake, City of Roanoke, City of Westlake, City of Justin, City of Trophy Club, and the Texas Department of Public Safety, and any appropriate action. (Briefing 3-18-03)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0140
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 -
Telephone - $7,318.32 to Southwestern Bell for services - electronic billing;
Voter Registration - $ 100.00 to The Election Center for Dues/Subscriptions;
Emergency Mgmt. - $ 196.00 to Texas Parks & Wildlife, registration fee for 4 employees;
ADDITION TO TNCP -
$ 505.00 to David Wacker for J.W. Bridges Seizure.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0141
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of a Resolution supporting members of the armed forces of the United States, and any appropriate action. Veterans
3.A-1) Move to approve the immediate hoisting of the MIA/POW Flag at the Courthouse-On-The-Square, Denton County Courts Building, Carroll Administration Building, Sandy Jacobs Government Center, Lee Walker Government Center, The Colony Government Center and
Loop 288 Government Center (location of the Veterans Office) by Judge Horn, seconded by
Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-01423.A-2) Move to approve the resolution by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0143
ITEM 6 PURCHASING
6.B) Approval of specifications and authority to advertise for Janitorial Supplies, Bid #03-03-1544, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0144
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
13.A-1) Approve Legislative Policy Statement for the 78th Legislative Session relating to indigent health care, including tertiary care - (opposing House Bill 1981) - and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-014513.A-2) Approve Legislative Policy Statement for the 78th Legislative Session relating to the revocation process for certain persons released from the Texas Department of Criminal Justice on parole or mandatory supervision - supporting House Bill 1849.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-014613.D) Approve request for acceptance of the proposal for the year 2003-2004 Greater Denton Arts Council for $1,110 for "Fiesta-off-the-Square" for the CHOS Museum, and any appropriate action. CHOS Museum
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-014713.E) Approve request for acceptance of the proposal for the year 2003-2004 Greater Denton Arts Council Grant for $1,300 for December Holiday Festivities at the Bayless-Selby House Museum, and any appropriate action. CHOS Museum
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-014813.F) Approve the acceptance of completion of the continuing education provisions of Texas Local Government Code, Article 81.0025 by Commissioner Jim Carter, Precinct 3 for 2002, and any appropriate
action. Commissioner, Precinct #4Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-014913.G) 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
NO ACTION - REPOST
ITEM 16 ADDENDA
16.A) Approve Tuesday, April 15, 2003 at 9:05 a.m. as date and time to conduct a Public Hearing to consider two Special Use Permits for Abstract #418, part of tracts 41, 42, and 42D, Precinct 1, in the Lake
Ray Roberts Land Use District as requested by Mr. Chad Giesting and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Planning Department, and any appropriate action.
Public Works/Planning DivisionMove to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-015016.B) Approve the Final Plat of Drop M Estates, Precinct 4, and any appropriate action. Public Works/Planning Division
NO ACTION - REPOST16.C) Approve the Final Plat of North Fork Estates, Precinct 4, and any appropriate action. Public Works/Planning Division
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-015116.D) Approval of the Chapter 381 Tax Incentive Agreement between Denton County, Texas and Amerisource Bergen Drug Corporation, a Delaware Corporation. DA/Civil
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0152
ITEM 17 RECESS 10:30 AM
ITEM 18 RECONVENE 10:32 AM
ITEM 15 EXECUTIVE SESSION
The Commissioners Court reserves the right to exercise 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 Session15.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, Contemplated Litigation pursuant to Section 551.074, Government Code; Discuss EEOC Claim filed by Anthony Cunningham.
NO ACTION ON ITEMS 15.A THROUGH 15.E15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County, Texas, v. Gregory and Maria Fleece; Cause No. GC-2003-00145, pending in County Court at Law #2, Denton County, Texas.
Move to approve and authorize the County Judge to execute the following forms: a) the Property Damage Release and b) the Release of all Claims, in settlement of the above referenced pending litigation by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (Comm. Jacobs not present)
Court Order 03-015316.E) EXECUTIVE SESSION - 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
ITEM 19 ADJOURNMENT 11:06 AM
This set of minutes for March 25, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.