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 15, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 15th 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 Pastor Joe Carbonara, Minister of Administration for the First Baptist Church of Denton followed by the Pledges of Allegiance to the American and Texas Flags led by LeDena Ferrell, Chief Administrator for Commissioner Jim Carter, Precinct # 4.
Pastor Carbonara: Heavenly Father, we come before You to thank You for this day and the promise that it holds. Father, I lift each of our Commissioners to You. I just pray that You'll bless them and watch over this day, to watch over them as well. Father, I come before You and I lift each of our fighting men and women from Denton County who are in Iraq right now. I just pray that You will protect them. And, Father, for their families, I just pray that You give them a sense of peace, Father, that they know they're being watched over and protected. We love You Lord Jesus. We do this in Your precious and Holy name, Amen.
ITEM 1 PUBLIC INPUT
Judge Horn announced that she had spoken with her son, First Lieutenant James A. Horn, from somewhere in the Middle East. He is doing as well as can be expected under his circumstances.
Mildred Hawk, of Denton, voiced her disappointment in not being able to sit down with Commissioner White concerning the planting of trees at Old Alton Bridge.
Lockadee Newland assured the court that Commissioner White has devoted an inordinate amount of time with Ms. Hawk and others regarding the progress on Old Alton Bridge.
ITEM 2 CONSENT AGENDA
PURCHASING
6.A) Approval of Antiquities Application to the Texas Historical Commission for installation of Audio/Visual System for Commissioners Courtroom, and any appropriate action. (Briefing 4-8-03)
6.B) Approval of specifications for Bank Depository, Bid #01-03-1534, authority to advertise, and any appropriate action. (Briefing 4-8-03)
6.C) Approval of specifications and authority to advertise for Lawn Maintenance Services, Bid #03-03-1548, and any appropriate action. (Briefing 4-8-03)6.D) Approval of specifications and authority to advertise for Metal Fencing - Pre-Trail Facility, Bid #03-03-1550, and any appropriate action. (Briefing 4-8-03)
BUDGET
7.A) Approval of Budget Amendment Request #100890 for Workers Compensation including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Compensation Contingency for Non-Departmental in the amount of $33,973, and any appropriate action. (Briefing 4-8-03)
7.B) Approval of Budget Amendment Request #100900 for Outside Counsel including the transfer of funds from Non-Departmental Unappropriated Contingency-Outside Counsel Contingency for Non-
Departmental in the amount of $9,670, and any appropriate action. (Briefing 4-8-03)7.C) Approval of Budget Amendment Request #100910 for Computer Software for County-Wide Technology in the amount of $6,420, and any appropriate action. (Briefing 4-8-03)
7.E) Approval of Budget Amendment Request #100930 for Training & Education for County Planning in the amount of $6,001.
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.) Milidtza Guerrero, Juvenile Detention Officer/Juvenile Detention; Lacey Lee, Juvenile Corrections Officer/Juvenile Post Adjudication; David Lenington, Intensive Supervision Officer/Probation Services; Richard Russell, Deputy Sheriff-Transport/County Jail; Amy Turbeville, Communications Officer/Communications; Kim Rodriguez, Deputy Clerk-Courts/County Clerk.
8.B) Approve changes to the experience and special requirement sections of job descriptions for the Counselor in Juvenile Post-Adjudication, and any appropriate action. (Briefing 4-8-03)
PUBLIC WORKS
10.B) Approve the Final Plat of Brenham Addition, Lantana Project, Precinct #4.
OTHER DEPARTMENTS
13.B) Approval of Information Services Management Committee policies 3.3, 5, 6, 8.2 and 9.2, and any appropriate action. Information Services (Briefing 4-8-03)
LEGAL
14.B) Approval and authorization for the County Project Representative to accept and sign the amended Grant Activities Plan for the AirCheck Texas Repair and Replacement Assistance Program, and any appropriate action. (Briefing 4-8-03)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0191
ITEM 4 PUBLIC HEARING(S)
4.A) Approve two Special Use Permits requested by Mr. Chad Giesting for Abstract #418, part of Tracts 41, 42, and 42D, Precinct 1. Public Works/Planning
Move to open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke either for or against the two Special Use Permits.
Move to Close Public Hearing by Com. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0192
ITEM 5 AUDITOR/TREASURER
5.) 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.)DELETION from General: ($171.21) - Check for negative amount to Boise Cascade.
ADDITIONS -
GENERAL -
D.A., $ 58.00 to U.S. Postmaster for Box Rental;
S.O., $3,852.82 to Bank One for March Prisoner Transport Expense.Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0193
ITEM 7 BUDGET
7.D) Approval of Budget Amendment Request #100920 for Office Supplies and Printed Material for Criminal District Attorney-Hot Check Department including the transfer of funds from DA-Hot Check Fund Unappropriated Contingency funds for a total of $2,000.
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0194
ITEM 10 PUBLIC WORKS
10.A) Approve Tuesday May 20, 2003 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of the Steeplechase Addition, Precinct #4.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0195
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of resolution recognizing Angeleena Young. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0196
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any actions related to the 78th Legislative Session. Commissioners Court
13.A-1) Move to approve the Legislative Policy Statement for the 78th Legislative Session supporting House Joint Resolution 91 which proposes a constitutional amendment allowing a state mandate imposed on a county to have effect only if the state provides for payment to the
county for the cost of the mandate by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-019713.A-2) Move to approve the Legislative Policy Statement for the 78th Legislative Session supporting House Bill 1117 relating to the clarification by a county of the existence of a public interest in certain roads by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-019813.A-3) Move to approve the Legislative Policy Statement for the 78th Legislative Session opposing House Bill 2669 relating to mandatory controlled substance testing for certain persons arrested or confined for a criminal offense by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-019913.A-4) Move to approve the Legislative Policy Statement for the 78th Legislative Session opposing House Bill 3205 relating to crediting of motor vehicle registration fees by county tax assessor-collectors to county road and bridge funds by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-020013.C) Approval of participation by Denton County in the Integrated Criminal Justice Project through the Texas Conference of Urban Counties. County Judge. (Formal 3-18, 3-25, 4-01, 4-08 -2003)
Move to approve with recommended modifications by the Criminal District Attorney, Civil Division, by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (Mitchell & White, nay)
Court Order 03-020113.D) Approve the appointment of Sarah Hartpence to the Denton County Environmental Task Force. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-020213.E) Approval of the appointment of Judge Mary Horn as the liaison on the Denton County Transportation Committee, replacing Commissioner Sandy Jacobs, and any appropriate action. County Judge
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-020313.F) Approval of the structure of the Print/Mail Department moving said department from the Aide-to-the-Court to the County Judge's Office, to report to the Director of Administration, with the assistance of the Human Resources Director to affect the necessary changes in the job descriptions of both the Aide-to-the-Court and Director of Administration, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Judge Horn.
Question Called by Comm. Carter.
Point of Clarification Called by Comm. Jacobs.Move to Table and Repost this item by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Carter & Horn, nay)
Court Order 03-0204
ITEM 16 ADDENDA
16.A) Approval of any action related to the Denton County's Statutory and Advisory Boards, Committees and Commissions. County Judge
16.A-1) Move to appoint Linda Caldwell and Marie Hughey, both from Carrollton, Texas, and John A. Gordon from The Colony to the Denton County Transportation Committee by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-020516.A-2) Move to appoint Jerry Alford of Pilot Point, Texas, Judy Andes of Aubrey, Texas, & Tim Skeene of Little Elm, Texas to the Denton County Transportation Committee by Judge Horn,
seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-020616.B) Approval of Budget Amendment Request #100940 for Litigation Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Outside Counsel Contingency for District
Attorney Civil Division in the amount of $85,000, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0207
ITEM 17 RECESS 10:20 AM
ITEM 18 RECONVENE 10:40 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 11:02 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.
NO ACTION ON ITEMS 15.A THRU 15.D15.E) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc.
Move to assign to the Civil Division of the Denton County Criminal District Attorney's Office, the matter regarding the 2001 Chevy Camaro, and General Motors & Triangle Chevrolet, Inc., (2) Direct the Civil Division to make a final demand to General Motors & Triangle Chevrolet,. Inc. for all the County's damages and expenses and (3) authorize the Civil Division to file suit against General Motors & Triangle Chevrolet, Inc. if the final demand is not satisfied by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-020816.C) EXECUTIVE SESSION: Consultation with Attorney: Consultation with Attorney, Texas Government Code, Section 551.071 (2); Claim of Halff Associates Inc.
Move to approve payment of the claim by Halff Associates, Inc. in the amount of $70,359.00 for full and complete satisfaction of the claim for services performed on FM 2499 Section 4 and authorization for the County Auditor to prepare a warrant in the amount of $70,359.00,
payable to Halff Associates, Inc. by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0209
ITEM 19 ADJOURNMENT 11:06 AM
This set of minutes for April 15, 2003, was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.