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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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July 8, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 8TH day of July, 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 Sandy Jacobs, Jim Carter, and Bobbie J. Mitchell were present along with County Clerk Cynthia Mitchell's representative, Deputy Clerk Kathleen Bransford.
Court opened with an Invocation by Pastor Roland Boyce, Redeemer Covenant Church, Carrollton, Texas followed by the Pledges of Allegiance to the American and Texas Flags led by Tommy Brewer.
Pastor Boyce: Good Morning, Father. It is such an honor and privilege to be able to do this Invocation. And I thank You for a judiciary that is open to doing that. I would pray that this moment will never become routine, and rote and obligatory, but real. There will be expression of our hearts to You. As I reflected on the prayer this morning, I thought about humility. I pray for that in my life as a servant of the community and I pray for that for us as those who are gathered here this morning. We are reminded that Your word says we are to submit ourselves under Your mighty hand, that we are not to be proud in our own conceits. Certainly after these great years of people giving their life for this country, for 9-1-1 and the ripples that continue from it and the very stark reality that we are at war in Iraq for a long time. How can we not be humbled? Help us today to remember that our breath and heartbeat are borrowed, that our capacities are God-given and our positions of authority are appointed by You. My prayer today is that we will not only understand, but practice humility. And in that spirit, we remember our Commissioner Cynthia White today, who is in surgery as we speak, for the fear that accompanies that experience for her, and the humility that comes sometimes through duress. Father, may we be Your people today, thankful, humbled and faithful in our assignment, whatever it is. In the name of Your Son we pray, thankfully and humbly, Amen.
ITEM 1 PUBLIC INPUT
Shirley Spellerberg, Corinth, Texas
Willie Hudspeth, Denton, Texas
ITEM 17 RECESS 9:17 AM
ITEM 18 RECONVENE 9:27 AM
ITEM 4 PUBLIC HEARING
4.A) Approval of changes to the Engineering Section of the Denton County Subdivision Rules and Regulations, and any appropriate action.
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0Steve Stolte, Dallas, Texas, asked the court for more time to study the changes.
Move to recess this Public Hearing for four weeks by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0343Move to send copies of changes to all cities with extra-territorial jurisdictions within the county by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0344
ITEM 2 CONSENT AGENDA
(Item 13.B was pulled from Consent Agenda for further discussion and/or separate vote.)
AUDITOR
5.B) FOR RECORDING PURPOSES ONLY: Approve the Annual Audit Report of the Jail Commissary. (Briefing 7-01-03)
PURCHASING
6.A) Approval of renewal for Pharmaceutical Services - Jail Health, RFP #06-01-1431, to Diamond Pharmacy, and any appropriate action. (Briefing 7-01-03)
BUDGET
7.A) Approval of Budget Amendment Request #101300 for Computer Supplies for Records Management-General Fund in the amount of $307, and any appropriate action. (Briefing 7-01-03)
7.B) Approval of Budget Amendment Request #101310 for Gasoline including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable, Precinct #4 in the amount of $7000, and any appropriate action. (Briefing 7-01-03)
7.D) Approval of Budget Amendment Request #101340 for Psychiatric Services for 16th District Court in the amount of $3,000, and any appropriate action.
7.E) Approval of Budget Amendment Request #101360 for various line items for Tax Assessor/Collector in the amount of $24,758, and any appropriate action.
7.F) Approval of Budget Amendment Request #101440 for Professional Liability and Operating Equipment for Public Health-Clinical in the amount of $20,000, and any appropriate action.
7.G) Approval of Budget Amendment Request #101450 for various line items for Elections Administration for a total amount of $62,894, 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.) James Higgs, Foreman, R & B; Johnny Chandler, Juvenile Corrections Officer/Juvenile Post Adjudication.
HEALTH
9.A) Approval of TDH Contract for WIC Services. (Briefing 7-01-03)
LEGAL
14.B) Approval of the Interlocal Agreements between Lewisville Independent School District and Denton County, the Trophy Club Municipal Utility District No. 1 and Denton County, the Trophy Club
Municipal Utility District No. 2 and Denton County, and the City of Roanoke and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)14.C) Approval of the Interlocal Agreements between the Sanger Independent School District and Denton County, the Little Elm Independent School District and Denton County, the Town of Northlake and Denton County, the City of Lake Dallas and Denton County, and the City of Argyle and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)
14.D) Approval of the Interlocal Agreements between the Krum Independent School District and Denton County, the Town of Clark and Denton County, the City of Little Elm and Denton County, the Town of
Shady Shores and Denton County, the City of Krugerville and Denton County, the City of Corinth and Denton County, the City of Justin and Denton County, and the Town of Copper Canyon and Denton County for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)14.G) Approval of setting July 22, 2003, at 9:05 AM as the time and date for a Public Hearing to receive public comment on the creation of a Restricted traffic Zone for the enforcement of parking restrictions
pursuant to Texas Transportation Code §251.152, §251.155 and §251.156,and any appropriate action. (Briefing 7-01-03)14.H) Approval of Annual Comprehensive Maintenance Program Agreement with DMI, Decker Mechanical Corp. for HVAC full service maintenance, and any appropriate action. (Briefing 7-01-03)
Move to approve Consent Agenda with the exception of Item 13.B by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0345
ITEM 5 AUDITOR
5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETION -
WIC, $ 100.86 to Member's Building Maintenance, duplicate payment.ADDITIONS -
GENERAL -
Sanger Annex $ 878.64 to City of Sanger for services;
Elections $ 250.00 to Secretary of State/Elections, registration for 4 employees;
Jud & Ct.Supp. $ 150.00 to Hong Harper, Interpreter for CCR # 3;
TNCP $ 4,700.00 to Giovanni Giomi for July Lease.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0346
ITEM 6 PURCHASING
6.B) Approval of specifications and authority to advertise for Tax Statement Preparation/Mailing Service, RFP #06-03-1566, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-03476.C) Approval of specifications and authority to advertise for Health Information Software, RFP 06-03-1563, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-03486.D) Approval of Evaluation Committee recommendation to award the Direct Recording Electronic Voting Equipment and County System, RFP #01-03-1536, to ES&S; to determine the funding mechanism,
authority to negotiate a contract; and any appropriate action.PUBLIC INPUT: Shirley Spellerberg
ACTION POSTPONED FOR TWO WEEKS
ITEM 7 BUDGET
7.C) Approval of Budget Amendment Request #101320 for Professional Services including the transfer of $7,000 from Non-Departmental Unappropriated Contingency-Regular Contingency and $2,390 from Child Protective Service's budget for a total amendment of $9,390. (Briefing 7-01-03)
Move to approve by Comm. Carter, seconded by Comm. Jacobs
Motion Carried 4-0-0
Court Order 03-03497.H) Approval of Budget Amendment Request #101460 for Training & Education including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for
Commissioners Court in the amount of $700, and any appropriate action.Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0350
ITEM 10 PUBLIC WORKS
10.B) FOR RECORDING PURPOSES ONLY: Acceptance of the Road Superintendent's Road Report for May 2003, and any appropriate action.
Move to accept by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0351
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.B) Approve an Order to Call the Constitutional Amendment Election for Denton County Texas on September 13, 2003; to designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the main
early voting site, that early voting will begin August 28, 2003, that early voting will be conducted from August 28, 2003 thru September 9, 2003. Dates and hours of specific locations are as per attached memo;
the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202, and any appropriate action. Elections (Briefing 7-01-03)Move to approve as amended by the Director of Elections by Comm. Jacobs, seconded by
Comm. Carter.
Motion Carried 4-0-0
Court Order 03-035213.C) Approval of the re-appointment of Jack Miller to the North Texas Tollway Authority Board of Directors, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0353
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.E) Approval of a) Resolution authorizing participation in the SH 121 Metropolitan Area Corridor Project and b) the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the SH 121 Metropolitan Area Corridor Project, CSJ 3547-01-008, and any appropriate action. (Briefing 7-01-03)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-035414.F) Approval of a) extension of the Agreement end date to December 31, 2003, and b) Addendum #4, to the Agreement between County and Engineer, HNTB Architects Engineers Planners, for FM 2499 §4,
and any appropriate action. (Briefing 7-01-03)Move to approve with funding coming from the Better Safer Roads Program associated with FM 2499, Section 4, by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0355
ITEM 16 ADDENDA
16.A) Approve the Economic Development Legislative Overview luncheon with Commissioners Court; luncheon meeting will be at Lantana Golf Club, 800 Golf Club Drive, Lantana, 11:30 a.m., Wednesday,
July 9, 2003, and any appropriate action. Economic DevelopmentMove to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-035616.B) Approval of any action related to a vehicle replacement in Constable Larry Floyd's Department.
NO ACTION - REPOST
ITEM 10 PUBLIC WORKS
10.A) Approval of the following potential change orders for the Courthouse-on-the-Square Restoration Project, and any appropriate action:
1. Approval of Potential Change Order #2 to A&E Services for basement and first floor HVAC construction documents revisions in the amount of $8,300;
2. Approval of Potential Change Order #3 to A&E Services for HVAC Evaluation in the amount of $4,975;
3. Approval of Potential Change Order #4 to A&E Services to renovate and restore historic corridors on second third floor in the amount of $14,177;
4. Approval of Potential Change Order #5 to A&E to provide performance specifications and proposal request for repair of the slate on the existing main roof in the amount $2,200 and prepare construction documents and provide bidding and construction administration services for refinishing of wood wainscoting, doors, base, and trim in the amount of $13, 800, totaling $16,100.Move to approve Items 1- 4 by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 03-0357
ITEM 17 RECESS 10:45 AM
ITEM 18 RECONVENE 11:21 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 1:30 PM
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.
15.E) 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 362, pending in the 362nd District Court of Denton County, Texas.
NO ACTION ON ITEMS 15.A THROUGH 15. E15.F) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Health Department Director.
15.G) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Fire Marshal.
15.H) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Economic Development Director.
15.I) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Budget Director
15.J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Aide-to-the-Court
REPOST ITEMS 15.F THROUGH 15.J
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Presentation of Recommended Budget for 2003-2004 by Donna Stewart, Budget Director and any appropriate action. Budget.
15.K) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Anthony Wayne Cunningham v. Weldon Lucas, et al.; In the United States District Court for the
Eastern District of Texas Sherman Division; Case no. 03-CV-242Move to assign to the Criminal District Attorney's Office, Civil Division, by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0358
ITEM 19 ADJOURNMENT 4:15 PM
This set of minutes for July 8, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.