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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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May 20, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 20th day of May, 2003, at 9:06 AM in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, 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 Lockadee Newland, Chief Administrator for Commissioner, Precinct One, followed by the Pledges of Allegiance to the American and Texas Flags led by Cheryl Hammons, Staff Assistant to the County Judge.
Ms. Newland: Father, in these uncertain times, we ask for Your comfort and guidance. Let us strive to live only for You and to represent you in all we do and say as we follow Your example, for we know that life is a test and a temporary assignment. Father, we pray for President Bush and all those who advise him. Please protect our men and women serving in the military. And let them feel Your presence and Your comfort. We lift up this Commissioners Court to You this morning and ask that You will empower them to make wise decisions. In Jesus' name we pray, Amen.
ITEM 1 PUBLIC INPUT
Howard Smith, Denton County Historical Commission, invited the court to opening of Old Alton Bridge on Saturday, May 31, 2003.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of Resolution recognizing the Denton High School Soccer Team and proclaiming 2003 as Denton County Year of the Denton High School Lady Broncos Soccer Team, and any appropriate
action. Commissioner, Precinct #4Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0267
ITEM 2 CONSENT AGENDA
AUDITOR/TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of award for Vending Services, RFP #03-03-1545, to Pro Star Services, Inc., and any appropriate action. (Briefing 5-13-03)
6.B) Approval of award of bid for RCP and Safety Ends, Bid #04-03-1552, to Hanson Pipe and Products, and any appropriate action. (Briefing 5-13-03)6.C) Approval of specifications and authority to advertise for Uniforms, Sheriff's Department, Bid #04-03-1557, and any appropriate action. (Briefing 5-13-03)
BUDGET
7.A) Approval of Budget Amendment Request #101070 for Contract Labor for Commissioner, Precinct #4 in the amount of $923, and any appropriate action. (Briefing 5-13-03)
7.B) Approval of Budget Amendment Request #101090 for gasoline for Constable, Precinct #5 including the transfer of $4,000 from Non-Departmental Unappropriated Contingency-Regular
Contingency and $2,000 from Constable, Precinct #5 budget for a total of $6,000, and any appropriate action. (Briefing 5-13-03)7.C) Approval of Budget Amendment Request #101100 for Prior Year Purchases for Constable, Precinct #6 in the amount of $6,514, and any appropriate action. (Briefing 5-13-03)
7.D) Approval of Budget Amendment request #101130 for Contract Labor for Sheriff's Department in the amount of $4,000 from Salary Attrition, and any appropriate action. (Briefing 5-13-03)
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.) Cindy Sanchez, Communications Officer/Communications; Rita Jo Kirby, Administrative Specialist 1 (PT)/Constable Pct. 5; Rebecca Aguirre, Deputy Clerk/District Court; Rebecca Leyba, Deputy Clerk - Motor Vehicles/Tax Assessor/Collector; Brenda Ibarra, Nutrition Technician/WIC - Administration; Kelly LaFave, Misdemeanor Prosecutor 1/Criminal District Attorney.
8.B) Approval of Declaration of Denton County as a Hybrid Entity under the HIPAA Privacy Rules and designate the Denton County employee group health plan, the Public Health Clinic and the Indigent Health Care Program as separate and distinct healthcare components that perform covered functions, and any appropriate action. (Briefing 5-13-03)
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting May 6, 2003 - Formal Session, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of using the Denton County Fire Fighters Memorial Park on June 21, 2003 from 8 am to 4pm for a Denton County Fruit, Vegetable, Herb, and Flower Show, and any appropriate action. Ag
Extension (Briefing 5-13-03)LEGAL
14.B) Approval of the Letter of Acceptance for Local Benefit FY 03 Safe & Sober Selective Traffic Enforcement Program (STEP), and any appropriate action. (Briefing 5-18-03)
14.C) Approval of the Agreement between Careington International, The Dental Network and the County of Denton in the State of Texas, and any appropriate action. (Briefing 5-18-03)
14.D) Approval of the Interlocal Cooperation Agreement for Administrative Expenses between Denton County, Texas, and the Denton County Transportation Authority, and any appropriate action. (Briefing 5-18-03)
14.E) Approval of the Administrative Services Agreement between Mental Health Network (MHN) Services and Denton County, Texas), and any appropriate action. (Briefing 5-18-03)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs abstained)
Court Order 03-0268
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.C) Approval of Resolution calling upon the Texas Legislature to seek a statewide solution to the budget crisis, instead of passing the burden to counties and their ad valorem taxpayers, and any appropriate action. County Judge. (Formal 5-13-03)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0269
ITEM 5 AUDITOR
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 FROM GENERAL -
$ 3,290.00 (7 payments) to David Wacker, Attorney, hold placed on payments;
$ 110.00 to James Rellas, M.D., incorrect vendor;
$ 400.00 (2 payments) to Kim McCary, Attorney, duplicate payments.ADDITIONS -
GENERAL -
D.A., $ 158.00 to La Quinta, lodging for Frewin & Carpenter;
Print/Mail, $20,000.00 to Postage;
Const. # 2, $ 690.00 to San Luis Hotel - Galveston, conference for 5 employees;R & B, $ 189.64 to Sprint for services, D4;
$ 23.01 to Texas Information Management for Emissions Testing;
JUV., $ 279.32 to Bobbie Hanford for Austin Conf. Expenses;
TNCP, $ 90.00 to Randy Robinson, meal advancement;
SO TRNG, $ 6,895.00 to Lab for Scientific Interrogation, registration fee for 15 employees.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0270
ITEM 6 PURCHASING
6.D) Approval of award of bid for Bank Depository, Bid #01-03-1534, and any appropriate action. (Formal 5-13-03)
Move to table this item by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-02716.E) Approval to declare two (2) Obstetrical Dopplers as surplus and use as trade-in toward the purchase of two (2) new Obstetrical Dopplers for the Health Department, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0272
ITEM 7 BUDGET
7.E) Approval of Budget Amendment Request #101050 for Radios and Radars for Departmental of Public Safety including the transfer of $3,720 from Non-Departmental Unappropriated Contingency-Regular Contingency and $3,000 from Department of Public Safety's budget for a total amount of $6,720, and any appropriate action. (Briefing 05-06-03; Formal 05-13-03)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0273
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.B) Approval of Resolution honoring the JASA Team Members from Justin Elementary School, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0274ITEM 10 PUBLIC WORKS
10.A) Approve the decision of the Citizens Board of Appeals denying the request by John Yeatts for a variance from the escrow of funds for improvements to Stice Road for a proposed subdivision in Abstract
#166, Tract 2.A, Precinct #1, and any appropriate action.Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-1-0 (White, nay)
Court Order 03-027510.B) Approve Tuesday, June 24, 2003 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 37 of the Steeplechase Addition, Precinct #4.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0276
ITEM 12 SHERIFF
12.A) Approve Sheriff Weldon Lucas' request to apply for continuing grant funding in the amount of $598,779 from the Office of the Governor-Criminal Justice Division for the North Central Texas Narcotics Task Force Grant Year 2003-2004, and authorizes the Issuance of a Commissioners Court Order and Resolution for same, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0277
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
Move to approve a Legislative Policy Statement opposing House Joint Resolution 4 relating to a proposed constitutional amendment by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-027813.C) Approve the re-appointment of Curtis Tally to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-027913.D) Approve the appointment of two persons to fill the vacancies on the Medical Examiner Committee. Commissioner, Precinct #1 (Formal 05-13-03)
Move to appoint Captain Richard Brooks from Flower Mound to fill one vacancy by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 03-0280Move to approve John Looper to the second vacancy by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-2-1 (White & Mitchell nay and Jacobs abstained)13.F) Approve the appointment of Brian Darby to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct # 4.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-028113.G) Approve the reappointment of Joe Phelps to the Denton County Transportation Committee and any appropriate action. Commissioner, Precinct # 4.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-028213H) Approve the appointment of Phillip L. Henderson to the Denton County Transportation Committee and any appropriate action. Commissioner, Precinct # 4.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0283
ITEM 16 ADDENDA
16.A) Approve possible renewal of Transportation Consultant Professional Service Contract, its terms, and any appropriate action. DA/Civil
ITEM TO BE REPOSTED
ITEM 13 OTHER DEPARTMENTS
13.E) Approve any appropriate action reaffirming Innovative Transportation Solutions, Inc.'s role in transportation issues on behalf of Denton County, and any appropriate action. (Formal 05-13-03)
Move to approve a letter from the County Judge to All Transportation Stakeholders to reaffirm ITS, Inc. and Mr. John Polster as the County's Technical Liaison related to transportation issues and roadway projects within Denton County by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 03-028413.I) Approval of (1) reorganization plan for the Department of Public Works, including all divisions within and (2) consideration of adoption of one of four county road administration systems, as permitted by Chapter 252 of the Transportation Code, and any appropriate action. County Judge
Move to approve the Commissioners White/Carter plan as outlined in the support material with Precincts One & Two working with Jack Dyer and Precincts Three & Four working with Kelly Zwinggi, subject to the Court deciding on the rules prior to the implementation date of October 1, 2003, by Comm. White, seconded by Judge Horn.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 03-0285
ITEM 17 RECESS 12:23 PM
ITEM 18 RECONVENE 12:45 PM
ITEM 19 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.15.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 THROUGH 15.D15.E) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Medicare Claim #R30590277.
Move to approve a payment of Medicare Claim in the amount of $6,999.40 and authorization for the County Auditor to identify funding and to direct that a warrant in the amount of $6,999.40 be issued payable to Medicare by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0286
ITEM 19 ADJOURNMENT 1:07 PM
This set of minutes for May 20, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.