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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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June 24, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 24th day of June, 2003, at 9:00 AM in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Jim Carter, Bobbie J. Mitchell, and Cynthia White were present along with County Clerk Cynthia Mitchell's representative, Deputy Clerk Alvin Hudson.
Court opened with an Invocation by Dr. Bing Burton, Health Director, followed by the Pledges of Allegiance to the American and Texas Flags led by Robbie Baughman, Assistant Manager of Facilities.
Dr. Burton: Oh Lord, our Lord, how majestic is Your name in all the earth. We thank You for this day, the day that You have made. We pray Your blessing upon this Commissioners Court, upon all who enter here. We ask that Your spirit guide all deliberations, that all that is said and done here would be pleasing to You. And as we turn our face to You, as we seek You with our whole heart, we pray that You would heal our land and let freedom ring. For Jesus' sake, Amen.
ITEM 1 PUBLIC INPUT
ITEM 4 PUBLIC HEARING
4.A) Approve the Replat of Lot 37 of the Steeplechase Addition, Precinct 4. Public Works/Planning Division
Move to Open Public Hearing by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0No one spoke either for or against replat.
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve replat by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0317
ITEM 2 CONSENT AGENDA
(Items 13.D and 14.J were pulled from the Consent Agenda for separate vote and/or further discussion.)
PURCHASING
6.A) Approval of renewal of bid for HVAC Full Service Maintenance Agreements, Bid #03-02-1476, to DMI, Decker Mechanical Corp., and any appropriate action. (Briefing 6-17-03)
6.B) Approval of renewal of bid for Tires and Tubes (Truck and Heavy Equipment), Bid #05-02-1489, with Gray's Wholesale Tires, and any appropriate action. (Briefing 6-17-03)
6.C) Acceptance of report of proceeds, form miscellaneous computer and telephone surplus sale #04-03-1555 and approval to dispose of unsold items per Chapter 263.152 (a)(3) of the Local Government
Code, and any appropriate action. (Briefing 6-17-03)
BUDGET
7.A) Approval of Budget Amendment Request #101210 for Prior Year Purchases for Constable, Precinct #3 in the amount of $2,516 including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for $5,854 for a total amendment of $8,370, and any appropriate action. (Briefing 6-17-03)
7.B) Approval of Budget Amendment Request #101220 to increase revenues and allocate grant revenues for Operating Equipment for Criminal District Attorney at $19,471 including the transfer of $5,260 from DA Chapter 59 Unappropriated Contingency for a total amendment of $24,731, and any appropriate action. (Briefing 6-17-03)
7.C) Approval of Budget Amendment Request #101230 for Court Reporting including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Bail Bond Board in the amount of $600, and any appropriate action. (Briefing 6-17-03)
7.D) Approval of Budget Amendment Request #101270 for Contract Labor for License & Weight in the amount of $4,422, 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.) John M. Boyd, Deputy Constable/Constable, Pct. 1; John Dupree, Bailiff/Sheriff's Dept; Michael Martin, Deputy Sheriff/Sheriff's Dept; Tiffani Beaudry, Detention Officer I/County Jail; Paul Jaworski, Detention Officer I/County Jail; Robin Barrow, DO I/County Jail; Randy Robinson, DO I/County Jail; Donald Jones, DO I/County Jail; William Rogers, Deputy Sheriff-Transport/County Jail; Amanda Kastens, Financial Support Specialist II/Purchasing Dept.
COUNTY CLERK
11.A) Approve the County Clerk minutes for Denton County Commissioners Court Meeting June 13, 2003 - Formal Session, and any appropriate action.
OTHER DEPARTMENTS
13.C) Approval of a resolution to sell property for less than the judgment amount in Cause #2001-1030-16, City of Denton vs. Lucius A. Wilkerson, Tax Account #R22134, and any appropriate action. County
Judge (Briefing 6-17-03)
LEGAL
14.B) Approval of the Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County, between the City of The Colony, and Denton County, and between the Town of Flower Mound
and Denton County for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 6-17-03)14.C) Approval of Service Agreement between Denton County, Texas and DENCO Area 9-1-1 District, and any appropriate action. (Briefing 6-17-03)
14.E) Approval of Lease Purchase Schedule No. 605 and 606 with attachments, and exhibits between Denton County and Dell Financial Services, L.P., and any appropriate action. (Briefing 6-17-03)
14.F) Approval of: a) the Chinn Chapel Road Reconstruction Project and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Copper Canyon for the reconstruction of Chinn Chapel Road, and any appropriate action. (Briefing 6-17-03)
14.I) Approval of Consent to Easement Structures No. DACW63-3-03-0577, for the Lake Lewisville, Texas, Project, Tracts Nos. G0603E and G-620-1E between Denton County, Texas, and the U.S. Department of the Army, Corps of Engineers, Fort Worth District, and any appropriate action. (Briefing 6-17-03)
Move to approve Consent Agenda with the exception of Items 13.D & 14.J by Comm.
Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0318ITEM 13 OTHER DEPARTMENTS
13.D) Approve the appointment of John Looper to serve on the Medical Examiner Committee, and any appropriate action. Commissioners Court
Move to place 14.D back on the agenda by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to table Item 13.D by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0PUBLIC INPUT from Dwight Crawford, Willie Hudspeth and Comm. Jim Carter. Also, comments from Mr. Looper toward the end of this session (page 74) but not noted in these minutes.
ITEM 14 LEGAL
14.J) Approval of the Resolutions authorizing participation in the Off System Bridge Replacement Program and the Local Project Advanced Funding Agreements (LPAFA) between Denton County, Texas,
and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for the Off System Bridge Replacement of the following bridges:1. Donald Road at South Hickory Creek CSJ 0918-46-0262;
2. Blair Road at Tributary-Hog Branch, CSJ 0918-46-163;
3. Duck Creek at Duck Creek Bridge, CSJ 0918-46-162;
4. Ganzer Road at Milam Creek, CSJ 0918-46-093;
5. Sam Bass Road at Duck Creek, CSJ 0918-46-158;
6. TN Skiles Road at South Hickory Creek, CSJ 0918-46-164;
7. Tim Donald Road at South Hickory Creek, CSJ 0918-46-100;
8. Doyle Road at Tributary-North Hickory Creek, CSJ 0918-46-160;
9. Strader Road at Hog Branch, CSJ 0918-46-161, and any appropriate action. (Briefing 6-17-03)
PUBLIC INPUT from Mildred Hawk, Denton.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0319
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 -
GENERAL -
$ 550.00 to Jason Jacoby, Attorney, incorrect amount;
$ 566.11 to Gall's, incorrect line item charged;
TNCP -
$ 18.48 to Texaco, incorrect amount;
$ 4,700.00 to Giovanni Giomi, grant not renewed.ADDITIONS -
GENERAL -
$ 50.00 to the City of Lewisville, Registration Fee for Ed Roberts;
$12,667.66 to TXU Energy for Electrical Service for Lewisville and CPS;
$ 161.01 to the City of The Colony Utility for water services;
$ 28.00 to the Denton County Clerk for Bank Service Charge;
R & B -
$ 4,426.78 to TXU Energy for Electrical Service D-1;
JUVENILE PROBATION -
$ 4,295.44 TO TXU Energy for Electrical Service.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0320
ITEM 9 HEALTH
9.A) Approval of TDH grant proposal for $100,000 in HIV Prevention/Education funding for Denton County Health Department, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0321
ITEM 10 PUBLIC WORKS
10.A) Approve the Planning/GIS Department request to hold Public Education Classes for the new Landmark Internet Mapping System, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0322
ITEM 12 SHERIFF
12.A) Approval of application for funding through the U.s. Department of Justice for grant funding for Homeland Security Overtime Program to fund the 2003-2004 grant period and approval of resolution, and
any appropriate action.Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0323
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.B) Approval of a report entitled "Denton County Election Equipment Evaluation - Minority Report" by Mr. Kurt Hyde, CDP, for the purposes of reading the report into the public record, and any appropriate
action County Judge (Briefing 6-17-03)
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.D) Approval of the Public Employee Benefits Cooperative of North Texas Interlocal Agreement (Bylaws) by and among the Counties of Dallas, Denton, Tarrant and the North Texas Tollway Authority,
and any appropriate action. (Briefing 6-17-03)Move to approve by Judge Horn , seconded by Comm. Carter.
Motion Carried 3-1-0 ( Mitchell nay)
Court Order 03-032414.G) Approval of the Construction Agreement and Escrow Agreement between Denton County, Texas, and Lake Ridge Group, Inc. , and any appropriate action. (Briefing 6-17-03)
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-032514.H) Approval of: 1) submitting an opinion or 2) not submitting an opinion on the Bond Issuance Application of Denton County Fresh Water Supply District No. 9, and any appropriate action. (Briefing 6-
17-03)Move to not submit an opinion by Judge Horn , seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-032614.K) Approval of the Criminal District Attorney-VWA Grant Revised Resolutions: Prosecution Enhancement Grant, Family Violence Expansion Grant; and Civil-Domestic Violence Prosecution Grant.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-032714.L) Approval of the Permanent Drainage Easement Agreement between Denton County, Texas and Little Elm Independent School District.
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0328
ITEM 16 ADDENDA
16.A) Approval of the Customer Agreement Statement of Work for Project Support Services between Denton County, Texas and International Business Machines Corporation (IBM), and any appropriate action. Civil DA
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0329
ITEM 17 RECESS 11:05 AM
ITEM 18 RECONVENE 11:50 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 12:17 AM15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
Move to approve the following recommendation of the Criminal District Attorney, Civil Division: approve an order to make offers on two pieces of real estate and to authorize the County Auditor to give directions to the Treasurer to draft checks in an amount designated by the contract for earnest money deposits on both pieces of property and the property authorized for contract last week by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-033015.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 concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, in Probate Court of Denton County, Texas.
NO ACTION ON ITEMS 15.B THROUGH 15.E15.F) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Bert Hughes Gibbs v. Donald Ray Windle, Principle Western Surety Company, and Bond No. 14462104.
Move to assign this pending litigation to the Denton County Criminal District Attorney's Office, Civil Division, by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0331
ITEM 19 ADJOURNMENT 12:20
This set of minutes for June 24, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.