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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April 8, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 8th day of April, 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, Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Georgia Caraway, Director of the Courthouse on the Square Museum.
Mr. Scheible: Most magnificent Heavenly Father, we come before You today just praising Your name and asking You to make us aware of Your Presence in our midst for You've stated that where two or more are gathered, You will be also; and You know we are here. Father, we do lift up this morning this Commissioners Court, the decisions that are made and the words that are said here will bring glory and honor to Your name. We lift up the President of the United States and his immediate family. Lord, we lift up all our congressmen and their families, and ask that You would support them and strengthen them, turn their hearts and minds towards You, so that the decisions they make, thoughts that they think will help others to see You living in their lives. Father, for the men and women on the battlefield right now, we just lift them up. For their commanders, we just ask that You would bathe them in Your strength and Your purpose. Place a hedge of thorns around them to protect and bring them all safely home. Lord, we ask now that You would watch over this battle that's going on as we speak, and guide our men and women safely home to us. In Christ's name we pray, Amen.
ITEM 1 PUBLIC INPUT
Georgia Caraway, Director of the Courthouse on the Square Museum, focused on an historical moment in Denton County history.
Gary Matheson of Denton announced his candidacy for the upcoming election for Sheriff of Denton County.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approve the request of the Denton County Library Advisory Board to recognize and honor the Commissioners Court at the regular meeting, Tuesday, April 8, 2003. Commissioner, Precinct #1
3.B) Approve the resolution opposing Senate Bill 1728 (State School Closures), and any appropriate action. Commissioner, Precinct #1
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0169
ITEM 14 LEGAL
14.E) Approval of Resolution proclaiming April 2003 as Child Abuse Prevention Month, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0170
ITEM 2 CONSENT AGENDA
(Item 11.B was pulled from Consent Agenda for further discussion and/or separate vote.)
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of specifications for Request for Qualifications for Surveying Services, RFQ #03-03-1547, and any appropriate action. (Briefing 4-1-03)
6.B) Approval of specifications and authority to advertise for a Tray Washer and Waste Equipment System, Bid #03-03-1546, and any appropriate action. (Briefing 4-1-03)
BUDGET
7.A) Approval of Budget Amendment Request #100880 for Salary, Assistants/Benefits for Justice of the Peace, Precinct #4 in the amount of $9,010, 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.) Marlene Surley, Deputy Clerk/Records Management; Kerensa Cummings-Hinds, Deputy Clerk - Courts/County Clerk; Stephanie Clark, Sr. Clerk - Courts/County Clerk; Malinda Stuart, Deputy Clerk/District Clerk; Terri Jackson, Deputy Clerk/District Clerk; William Stewart, Felony Investigator/DA Civil Domestic Violence Grant; Bryan Wilkinson, Deputy Sheriff/Sheriff's Office Greenbelt Public Safety Grant; Deborah Landry, Communications Officer 1/Communications; Michael Sibley, Communications Officer 1/Communications; Bruce Elsey, Sergeant - Detention/County Jail; Andrew Mitchell, Deputy Sheriff/Sheriff's Dept.
COUNTY CLERK
11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for March 25, 2003, and any appropriate action.
LEGAL
14.C) Approval of the JURY + Jury Management System Software Maintenance Agreement between Denton County, Texas, and Jury Systems Incorporated, and any appropriate action. (Briefing 4-1-03)
14.D) Approval of Contract between Denton County and Texas Lil's Dude Ranch for the 2003 Denton County Employee Service Award Picnic, and any appropriate action. (Briefing 4-1-03)
Move to approve Consent Agenda with the exception of Item 11.B by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 03-0171
ITEM 11 COUNTY CLERK
11.B) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for April 1, 2003, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0172
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 -
$ 160.00 to U.S. Postmaster for Box Rental - Voter Registration;
$ 150.00 to Denton County District Clerk for Increase Change Fund;
$ 460.00 to Lisa Bracken, Reimbursement for Day Care Expenses - CPS;ADDITION TO C.S.C.D. -
$ 179.00 &
$ 209.00 to Marx Howell & Associates for Registration Fees for two employees.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 03-0173
ITEM 6 PURCHASING
6.C) Approval of specifications and authority to advertise for RCP and SAFETY ENDS, Bid #04-03-1552, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-01746.D) Approval of specifications and authority to advertise for Elevator Maintenance, Bid #04-03-1553, and any appropriate action.
Move to approve with an addendum that the Director of Purchasing checking on specific response times for emergencies by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0175
ITEM 10 PUBLIC WORKS
10.A) FOR RECORDING PURPOSES ONLY: Approval of the Road Superintendent Report for February 2003, and any appropriate action.
Move to accept by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0176
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session.
13.A-1) Move to approve a Legislative Policy Statement supporting House Bill 140 related to authorizing certain counties to enact ordinances to protect public health, safety and welfare by
Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-017713.A-2) Move to approve a Legislative Policy Statement supporting House Bill 2106 related to the regulation of fireworks by certain counties by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-017813.A-3) Move to approve a Legislative Policy Statement supporting Senate Bill 1460 related to county fire marshals and fire protection by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-017913.A-4) Move to approve a Legislative Policy Statement supporting House Bill 3331 related to the authority of a higher educational authority or nonprofit organization exercising its powers to
acquire, construct, improve or finance facilities by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-018013.B) Approval of acceptance of certificate of completion certifying that the continuing education provisions of Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Bobbie J. Mitchell for the calendar year 2002, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-018113.C) Approve the appointment of Mr. Richard Ching, to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-018213.D) Approval of the appointment of Theresa Rogers as the Records Management representative of the Loss Control Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-018313.E) Approval of the appointment of Theresa Rogers as the Records Management representative of the Denton County Court Building Security Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-018413.F) 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 (Formal 3-18, 25; 4-1-03)
ACTION POSTPONED UNTIL NEXT MEETING
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.B) Approval of the Right of Entry ("ROE") for Parcel ID: R62299, known as the A1220A H.H. Swisher, Tract 10, 2.920 acres, Old DCAD TR # 3E, between Denton County, Texas and the Texas Department of Transportation, and any appropriate action. (Briefing 4-1-03)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-018514.F) Approval of Third Party Administration Agreement between North Texas Alliance, DBA Employer Services and the County of Denton, and any appropriate action.
14.H) Approval of (1) Agreement between North Texas Healthcare Network, Inc. and the County of Denton and (2) Amendment #1 to the Agreement between North Texas Healthcare Network, Inc. and the
County of Denton, and any appropriate action.14.I) Approval of Interlocal Agreement for Professional Services between the Counties of Tarrant, Dallas and Denton as members of the Public Employee Benefit Cooperative of North Texas and the North
Texas Tollway Authority (NTTA) with the North Central Texas Council of Governments, and any appropriate action.Move to approve Items 14.F, 14.H and 14.I by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0186
ITEM 16 ADDENDA
16.B) Approval of the Bond and Oath for the Temporary Justice of the Peace #1 for Denton County, Texas. DA/Civil
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0187
ITEM 14 LEGAL
14.G) Approval of the Bond and Oath for the County Election Administrator, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0188
ITEM 16 ADDENDA
16.A) Approval of Budget Amendment Request #100850 to increase revenues and allocate State Training Fees for Criminal District Attorney, Constable Precincts 1-6, and Fire Marshall in the amount of $9,326, and any appropriate action. Budget
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0189
ITEM 17 RECESS 10:50 AM
ITEM 18 RECONVENE 11:12 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 Session 11:45 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: Contemplated Litigation, Texas Government Code, Section 551.071 (2); Claim of Halff Associates, Inc.
NO ACTION ON ITEMS 15.A THRU 15.E15.F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071
(1)(A); Claim by Humphrey and Associates.Move to approve the recommendation of the Criminal District Attorney's Office, Civil Division, that Commissioners Court settle this claim, authorize the County Judge to execute any documents in relation to this settlement and further, authorize the County Auditor to issue payment from the Department of Information Services in the amount of $219.00 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0 (White absent)
Court Order 03-0190This set of minutes for April 8, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.