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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 15, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 15th day of July, 2003, at 9:08 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 Willie Hudspeth, Denton, Texas, followed by the Pledges of Allegiance to the American and Texas Flags led by Jody Gonzalez, Denton County Fire Marshal.
Mr. Hudspeth: God, I thank You for this day and all the things that You do. And we know that You intended for us to get along as family members on earth and would You please help us to do that? Give us the courage to admit when we're wrong and the strength to say how we can make it better. As we attend this meeting today of Commissioners court, I'd ask that You would be with us all and give them the knowledge and the information and the strength to do what is Your will. Let them be fair and let them be forthright coming with their concerns. Let us as participants also carry ourselves in a way that would be honorable to You. We thank You again for this time and ask that You would be with us. In Jesus' name I pray, Amen.
ITEM 1 PUBLIC INPUT
Willie Hudspeth, Denton, Texas
Don Alexander, Director of Elections
ITEM 2 CONSENT AGENDA
(Items 6.A, 8.A, 14.M & 14.N were pulled for further discussion and/or separate vote.)
TREASURER
5.B) Approval of Payroll.
PURCHASING
6.B) Approval of renewal of Property Insurance, RFP #04-02-1484, to Scarborough, Medlin, and Associates, Inc., and any appropriate action. (Briefing 7-8-03)
6.C) Approval of award for Uniforms-Sheriff's Department, Bid #04-03-1557, to Sterling's Public Safety Uniform & Equipment, and any appropriate action. (Briefing 7-8-03)
6.D) Approval of renewal for Detention Mattresses, Bid # 10-02-1526, to Robinson Textiles, Inc., and any appropriate action. (Briefing 7-8-03)
6.E) Approval of renewal of Bid #06-01-1432, for Office Furniture, to Texas Furniture Source, Inc., and any appropriate action. (Briefing 7-8-03)
BUDGET
7.A) Approval of Budget Amendment Request #101370 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered
Contingency for 158th District Court in the amount of $23,545, and any appropriate action. (Briefing 7-8-03)7.B) Approval of Budget Amendment Request #101390 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered
Contingency for 211th District Court in the amount of $36,725, and any appropriate action. (Briefing 7-8-03)7.C) Approval of Budget Amendment Request #101400 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered
Contingency for 362nd District Court in the amount of $28,550 and any appropriate action. (Briefing 7-8-03)7.D) Approval of Budget Amendment Request #101410 for Statements of Fact including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 367th District Court in the amount of $22,300 and any appropriate action. (Briefing 7-8-03)
7.E) Approval of Budget Amendment Request #101420 for Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for 367th District Court in the amount of $25,375, and any appropriate action. (Briefing 7-8-03)
7.F) Approval of Budget Amendment Request #101430 for Evidence Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Criminal District
Attorney in the amount of $15,000, and any appropriate action. (Briefing 7-8-03)7.G) Approval of Budget Amendment Request #101490 for Training & Education for Human Resources in the amount of $5,000, and any appropriate action.
7.H) Approval of Budget Amendment Request #101500 for Remodeling including the transfer of funds from Vehicle Inventory Tax Interest-Unappropriated Contingency for Vehicle Inventory Tax Interest in the amount of $1,600, and any appropriate action.
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, June 17, 2003 - Formal Session, and any appropriate action.
11.B) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, June 24, 2003 - Formal Session, and any appropriate action.
LEGAL
14.B) Approval of the Interlocal Agreements between:
1) the City of Lewisville and Denton County, the City of Ponder and Denton County, the City of Aubrey and Denton County, the City of Krum and Denton County, the Town of Bartonville and Denton County, the Town of Hackberry and Denton County, the Ponder Independent School District and Denton County, the Lake Dallas Independent School District and Denton County,
2) Denton County Fresh Water Supply District No. 1-B and Denton County, the Denton County Fresh Water Supply District No.1-C and Denton County, the Denton County Fresh Water Supply District No.1-D and Denton County, the Denton County Fresh Water Supply District No. 1-E and Denton County, and the Denton County Fresh Water Supply District No. 8-C and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-8-03)14.F) Approval of the First Amendment to Lease Agreement between Denton County, Texas, and S & H Holdings and James Holmes, et al, for the WIC office in Lewisville, Texas and any appropriate action.
(Briefing 7-8-03)14.G) Approval of Statement of Work for Services, Service Suite Agreement, between International Business Machines Corporations (IBM) and Denton County, Texas and any appropriate action. (Briefing 7-8-03)
14.H) Approval of the Interlocal Cooperation Agreements between the City of Highland Village and Denton County, the Northwest Independent School District and Denton County, and the Corinth Municipal
Utility District No. 1 and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-8-03)14.I) Approval of the Permanent Drainage Easement Agreement between Denton County, Texas and the Milary Corporation for the Burnett Road Project, and any appropriate action. (Briefing 7-8-03)
14.J) Approval of the Permanent Drainage Easement Agreement between Denton County, Texas and Alexander Deuce II, for the Burnett Road Project, and any appropriate action. (Briefing 7-8-03)
14.K) Approval of a Deed, Drainage Easement and Temporary Slope Easement between the Rebecca Elaine Barr Trusts I and II and the Cynthia Ragan Adams Trusts I and II and Denton County, Texas, for the Boyd Road Project, and any appropriate action. (Briefing 7-8-03)
14.L) Approval of Supplemental Agreement #2 to the contract between Denton County, Texas, and Teague Nell and Perkins Inc., for the Loop 288 East Geometric Schematic and Environmental Assessment Project, and any appropriate action. (Briefing 7-8-03)
Move to approve the Consent Agenda by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0359
ITEM 6 PURCHASING
6.A) Approval to donate disassembled barn facade to the Denton County Historical Museum, Inc. according to the provisions of section 263.152(a) (4) of the Local Government Code, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 3-0-1 (Mitchell abstained)
Court Order 03-0360
ITEM 8 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.) Kevin Whitley, Detention Officer I/County Jail; Jason Stevens, Detention Officer I/County Jail; Katherine Davis, Assistant WIC Clinical Professional - WIC/Administration; Karina Cortinas, HIV Education/HIV Education Grant; Raquel Orozco, Juvenile Probation Officer/Juvenile Detention; Veronica Gromada, Misdemeanor Prosecutor II/Criminal District Attorney.
Move to approve Order Making Appointments 8A-1, 2, 4, 5, 6 & 7 by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-03618a-8) Move to approve Order Making Appointment of Thomas Keever, Chief of the Civil Division, Criminal District Attorney, by Comm. Carter, seconded by Comm. Jacobs. Motion Carried 2-0-2 (Horn & Mitchell abstained)
Court Order 03-0362
ITEM 1 PUBLIC INPUT
Mildred Hawk, Denton, Texas
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.)CORRECTION TO TNCP -
$ 422.00 to Misc. Vendor, Vendor S/B Jim Hamlin - District Clerk.ADDITIONS -
GENERAL -
$ 250.00 to Sam Houston State University, reg. fee for Christine Ventura;
$ 180.00 to Texas Center for Legal Ethics, registration fee for two employees.
Underage Drink $ 100.00 to Susan Elrod for Buy Money - Underage Drinking.Move to approve an amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0363
ITEM 8 HUMAN RESOURCES
8.B) Approve the establishment of a Public Access Defibrillator (PAD) program for Automated Defibrillators (AEDs) in Denton County Facilities, determine the source of funding, and any appropriate action. (Briefing 7-8-03)
Move to approve with the funding from this year's Unappropriated Contingency by Comm.
Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0364
ITEM 10 PUBLIC WORKS
10.A) Approval of August 19, 2003, 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of lot 25R, Block 3, of the Saratoga Addition, Section Two, Precinct 1 and Precinct 2, and any appropriate action. Planning Department
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0365
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.B) Approval of the Appointment of Election Judges for the Election year 2003-2004 for Denton County, Texas, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-036613.C) Approval of any action related to a vehicle replacement in Constable Larry Floyd's Department, and any appropriate action. Commissioners Court
13.C-1) Move to approve the initiation of a replacement vehicle using the Budget Director's recommendation for funding and direct Constable Floyd to begin the salvaging process of the equipment on the Camaro to be put in the replacement vehicle by Comm. Jacobs, seconded
by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-036713.C-2) Move to approve that the Camaro be taken out of the fleet of cars for Constable Floyd's office, transferred to surplus and placed under the authority of the Criminal District Attorney, Civil Division, until the lawsuit has been settled by Comm. Jacobs, seconded by Comm.
Mitchell.
Motion Carried 4-0-0
Court Order 03-036813.D) Approval of discussion of oil and gas exploration in Denton County, Texas, and any appropriate action. Commissioner, Precinct #4
Speakers: Ken Bateman, Justin, Texas Mark Grinnell, Devon Energy
Mildred Hawk, Denton, Texas Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 35)13.E) Approval for publication costs to the Dallas Morning News in the amount of $8,425.00, Fort Worth Star Telegram in the amount of $1,848.00, and the Denton Record Chronicle in the amount of
$384.00, for a total of $10,657.00 and these fees are for the Public Hearing to be held on July 31, 2003, and any appropriate action. Commissioner, Precinct #3Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0369
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.D) Approval of Amendment #1 to the Agreement between North Texas Alliance DBA Employer Services and the County of Denton and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-037014.C) Discussion of Amendment #2 to the Agreement between North Texas Healthcare Network, Inc. and the County of Denton, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-037114.E) Approval of the Amendment of the Tarrant-Parker-Denton County Medical Examiner's District Agreement to amend the agreement to reflect current budget payments, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-037214.M) Approval of an Agreement between Denton County, Texas and the State of Texas, acting through the Texas Department of Transportation for the improvements and maintenance of Harmon son Road at the right-of-way intersection of the Burlington Northern Santa Fe Railroad, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-037314.N) Approval of an Agreement between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the improvements and maintenance of Rock Hill Road at the
right-of-way intersection of the Union Pacific Railroad, and any appropriate action. (Briefing 7-8-03)Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-037414.O) Approval of the Amendment to the Standard Form or Agreement between Denton County, Texas, and Architexas to amend additional fees schedule, and any appropriate action. (Briefing 7-8-03)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 03-0375
ITEM 17 RECESS 10:45 AM
ITEM 18 RECONVENE 11:20 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 4:08 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) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Health Department Director.
15.F) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Fire Marshal.
15.G) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Economic Development Director.
15.H) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Budget Director.
15.I) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Aide-to-the-Court.
15.J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Human Resources Director.
15.K) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Information Services Director.
15.L) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Public Works Director.
15.M) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Purchasing Director.
15.N) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Veterans Services Director.
15.O) 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 362nd District County, Texas.
NO ACTION ON ABOVE REFERENCED ITEMS16.A) EXECUTIVE SESSION - Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); Bert Hughes Gibbs v. Donald Ray Windle, Principle Western Surety
Company, and Bond No. 14462104. Civil DAMove to assign this pending litigation to the Denton County Criminal District Attorney's Office, Civil Division, for the defense of Judge Windle's surety, Western Surety Company, on Bond No. 14462104 by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0 (Jacobs absent)
Court Order 03-037616.B) EXECUTIVE SESSION - Consultation with Attorney: Texas Government Code, Section 551.071 (2); Medicare Claim #R30590277. Civil DA
Move to approve payment of balance due on Medicare Claim # R30590277 in the amount of $188.19 and all accrued interest payable to Medicare by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0377
ITEM 19 ADJOURNMENT 4:10 PM
This set of minutes for July 15, 2003, was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.