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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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August 26, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 26th day of August, 2003, at 9:10 AM in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by Commissioner Cynthia White. 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 Lockadee Newland, Civil Administrator for Commissioner, Precinct One, followed by the Pledges to the American and Texas Flag led by Tommy Brewer.
Ms. Newland: Heavenly Father, we know that You are our protector and our defender, and we praise Your name. You're our redeemer and our love. Father, we pray that America will turn back to the values that made this country the greatest nation in the world so that we can continue to receive Your blessings. We pray for our President and all of the men fighting around the world, especially in Iraq. Please cover them with Your protection and bring them home safely. We pray for this Commissioners Court today, that they will do Your will and that You will guide them and direct them. And we pray in the name of our Lord and Savior, Jesus Christ. Amen.
ITEM 1 PUBLIC INPUT
Beth Fleming, Director of Purchasing, announced and presented to Judy Watkins her Certified Purchasing Manager designation received from the Institute of Supply Management.
ITEM 4 PUBLIC HEARINGS
4.A) Approve the Replat of lots 50R & 51R, Block 23C of the Larkspur Addition, Lantana Project, Precinct #4, and any appropriate action. Planning
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0No one spoke either for or against the replat.
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-05514.B) Approval of the County Clerk's records management and preservation fund plan, and any appropriate action. County Clerk
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0No one spoke either for or against this plan.
Move to Close Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-05524.D) Approval of the County Clerk charging an additional $5.00 per document recorded in the real property records for the specific purpose of preserving and archiving documents of the real property in
accordance with SB 1731 to be imposed and collected from October 01, 2003 until September 01, 2008, and any appropriate action. County ClerkMove to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0No one spoke either for or against additional charge.
Move to Close Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0553ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approve continuation of the Disaster Declaration for Denton County for threat of wildland fires due to draught conditions, and any appropriate action. Emergency Management
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0554ITEM 4 PUBLIC HEARINGS
4.C) Approval of taking evidence on changes to the Engineering Section of the Denton County Subdivision Rules and Regulations, and any appropriate action. Legal
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0Gary Vickery, Consultant with Teague, Nall & Perkins, Denton, Texas, addressed the court with his concerns.
A letter from Kevin Murphy, President of Altura Real Estate Company, Inc. in Albuquerque, New Mexico was read into the record.
Move to recess this Public Hearing for two weeks - reset for September 9, 2003 - by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0555
ITEM 2 CONSENT AGENDA
(Items 8.A & 11.A pulled from the Consent Agenda for further discussion and/or separate vote.)
TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of award for Health Information Software, RFP #06-1563, to Remedy MedTech, LLC, and any appropriate action. (Briefing 08-19-03)
BUDGET
7.A) Approval of Budget Amendment Request #101970 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered Contingency for County Criminal Court #5 in the amount of $30,000, and any appropriate action. (Briefing 08-19-03)
7.B) Approval of Budget Amendment Request #101990 for Office Supplies including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Print/Mail in the
amount of $500, and any appropriate action. (Briefing 08-19-03)7.C) Approval of Budget Amendment Request #102000 for Printed Material and Office Supplies for Economic Development in the amount of $2,000, and any appropriate action.
7.D) Approval of Budget Amendment Request #102010 for Legal Ads for Criminal DA/Civil Division in the amount of $2,665, and any appropriate action.
7.E) Approval of Budget Amendment Request #102020 for various line items for Centralized Road & Bridge in the amount of $3,310, and any appropriate action.
7.F) Approval of Budget Amendment Request #102040 for various line items for County Operations and Various County Building's for a total amendment of $47,029, and any appropriate action.
7.G) Approval of Budget Amendment Request #102050 for Computer Software for Records Management in the amount of $16,750, and any appropriate action.
7.H) Approval of Budget Amendment Request #102060 for Car Allowance/Mileage and Psychiatric Services for Juvenile Probation in the amount of $11,500, and any appropriate action.
7.I) Approval of Budget Amendment Request #102090 for County Official Bonds and Professional Liability Insurance for Non-Departmental in the amount of $11,910, and any appropriate action.
7.J) Approval of Budget Amendment Request #102130 for Psychiatric Services for County Criminal Court #2 in the amount of $3,245, and any appropriate action.
7.K) Approval of Budget Amendment Request #102140 for Repairs and Maintenance and HVAC for Sandy Jacobs Government Center and County Operations in the amount of $16,450, and any appropriate action.
HUMAN RESOURCES
8.B) Approve Denton County retiree insurance premiums for 2004, and any appropriate action. (Briefing 08-19-03)
8.C) Approve the job description and ranking for the Financial Manager pay grade 21 in the Bioterrorism Preparedness Grant in the Health Department, and any appropriate action. (Briefing 08-19-03)
HEALTH
9.A) Approval of extension of existing Health TDH contract for immunization services, and any appropriate action. (Briefing 08-19-03)
PUBLIC WORKS
10.C) Approval of extension of existing Health TDH contract for immunization services, and any appropriate action. (Briefing 08-19-03)
COUNTY CLERK
11.B) Approve the County Clerk minutes for the Budget Work Session for August 6, 2003, and any appropriate action.
LEGAL
14.B) Approval of Interlocal Cooperation Agreements between the City of Lakewood Village and Denton County, for property tax collection for the 2003 property taxes, and any appropriated action. (Briefing 08-19-03)
14.C) Approval of Interlocal Cooperation Agreements between the (1) the Town of Marshall Creek and Denton County and (2) the Denton County Fresh Water Supply District No. 6 and Denton County, for the
2003 property taxes, and any appropriated action. (Briefing 08-19-03)Move to approve Consent Agenda with the exception of Items 8.A & 11.A by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0556
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 -
$54.75 & $350.00 to David Biles, incorrect vendor;
DA HOT CHECK FEE FUND
$242.31 to Master Graphics, per department;ADDITIONS TO -
GENERAL -
$ 182.60 to Steve Mossman, Tax Assessor/Collector, Court Ordered Refund;
$ 50.00 to Progressive Concepts for services - Game Warden.Move to approve amended Bill Report with the exception of Items #3287, #5805, #748 and
#360 by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-0-0 (Carter absent for vote)
Court Order 03-0557Move to approve Items #3287, #5805, #748 and #360 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0558
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.) Michael Boman, Heavy Equipment Operator/Centralized Road & Bridge; Michael Gidney, Driver - Equipment Operator/Centralized Road & Bridge; Jayson Wagner, Deputy Clerk - Courts/County Clerk; Jodi Ashbaugh, Nutritionist - WIC/Administration; Jessica Voelkel, Court Clerk/JP # 1.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0559
ITEM 11 COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, August 5, 2003 - Formal Session, and any appropriate action.
Move to approve corrected minutes by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0560
ITEM 6 PURCHASING
6.B) Approval of specifications and authority to advertise for a Robotic Total Station, Bid #08-03-1576, and any appropriate action. (Briefing 08-12-03; Formal 08-19-03)
Move to approve the leasing/rental of this piece of equipment as needed for certain projects and to authorize the Budget Director to create a Budget Amendment after October 1, 2003 in the amount of $10,000 with the option left open to purchase the Robotic Total Station before
all the funds are used on the lease/rental by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (White nay)
Court Order 03-05616.C) Approval of specifications and authority to advertise for Lake Ridge Estates Road construction, Bid #07-03-1575, and any appropriate action. (Briefing 08-12-03; Formal 08-19-03)
Move to approve with the source of funding to be identified at a later date by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-05626.D) Approval of exemption from bidding for emergency repairs to one of the two prisoner elevators at the Denton County Courts Building under the provisions of Section 262.024(a)(2) and (3) of the Local
Government Code, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0563
Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 89)
ITEM 7 BUDGET
7.N) Approval of Budget Amendment Request #102210 to increase revenues and allocate expenditures for Elevator Maintenance for Denton County Courts Building in the amount of $45,000, and
any appropriate action.Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-05647.L) Approval of Budget Amendment Request #102170 for Cars/Small Trucks including the transfer of funds from Non-Departmental Unappropriated Contingency-Vehicle Repair Contingency @ $16,780
and Regular Contingency @ $4,270 for Sheriff's Department in the amount of $21,050, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-05657.M) Approval of Budget Amendment Request #102200 to increase revenues and allocate expenditures for Surveys/Soil Samples for Non-Departmental in the amount of $5,000, and any
appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0566
ITEM 10 PUBLIC WORKS
10.A) FOR RECORDING PURPOSES ONLY: Approval of Road Superintendent's Report for July 2003, and any appropriate action.
Move to accept by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0567
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.B) Approval of any action related to the Confederate Monument water fountains, and any appropriate action. Commissioners Court
NO ACTION13.C) Approval of the appointment of Mary Jennings to the North Central Texas Workforce Development Board, and any appropriate action. County Judge.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-056813.E) Approve the appointment of LeDena Ferrell to the Indigent Health Care Appeal Authority, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-056913.F) Approve the reappointment of Robert V. Petrach to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-057013.G) Approve the reappointment of Dorothy Minter to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-057113.D) Approval of appointment of Election Judges for the September 13, 2003 Constitutional Amendment and Denton County Transportation Authority Sales Tax Election, and any appropriate action.
ElectionsMove to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0572
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.G) Approval of (a) the Interagency Agreement between Dallas County, Texas and Denton County, Texas, and (b) the Resolution supporting the North Texas Auto Theft Task Force, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0573
ITEM 16 ADDENDA
16.A) Approval of publication costs to the Dallas Morning News, Fort Worth Star Telegram, and Denton Record Chronicle for an approximate amount of $13,000 for a Public Hearing to be held on October 4, 2003 at the UNT Coliseum from 1 pm to 8pm to discuss the proposed construction of Farm to Market Road (FM) 2499 from FM 407 to FM 2181 on new location in Denton County, funding to come from the Better Safer Roads Program for FM 2499, Section 4, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 03-0574
ITEM 14 LEGAL
14.F) Approval of proposal by Gregg Cooke concerning Clean Air Plan for Denton County, Collin County, Dallas County, and Tarrant County, and any appropriate action. (Briefing 08-19-03)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-057514.E) Approval of Ex Officio Road Commissioners Rules and any other appropriate action needed to implement the Ex Officio Road Commissioner System of road and bridge administration pursuant to Texas Transportation Code Chapter 252, Subchapter A, as approved by Commissioners Court on May 25, 2003.
NO ACTION
ITEM 8 HUMAN RESOURCES
8.D) Approve the changes in the job descriptions in the Public Works Department and Road and Bridge in regards to the reorganization, and any appropriate action. (Formal 08-05 & 12, 2003)
NO ACTION
ITEM 9 HEALTH
9.B) Approval of 30 day contract extension for CHIP program, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0576
ITEM 14 LEGAL
14.D) Approval and implementation of the revised Denton County Vehicle Use Policy, and any appropriate action. (Formal 07-29; 08-05, 12 & 19-03)
Move to approve this policy as amended by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0577
ITEM 10 PUBLIC WORKS
10.B) Approval of the decision of the Citizens Board of Appeals granting the request by Janice May for a variance from Section XI, subdivision Improvement Acceptance Procedure of the Denton County
Subdivision Rules & Regulations for the proposed Drop M Estates Addition, and any appropriate action.
Planning.
ACTION POSTPONED FOR ONE WEEK
ITEM 17 RECESS 12:30 PM
ITEM 18 RECONVENE 12:40 PM
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 12:50 pm15.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 Supreme Court of Texas.
NO ACTION ON ITEMS 15.A THROUGH 15.D15.E) Consultation with Attorney, Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim by Denton County against Joy Ceniceros on behalf of the Sheriff's Office.
Move to approve recommendation of the Criminal District Attorney's Office, Civil Division, that the Sheriff's Department be permitted to enter into litigation for recovery of money from Joy Ceniceros by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0578
ITEM 19 ADJOURNMENT 12:52 PM
This set of minutes for August 26, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.