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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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September 2, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 2nd day of September, 2003, at 9:10 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 Pastor Howard J. Martin II, New Jerusalem United Methodist Church, Lewisville, Texas, followed by the Pledges to the American and Texas Flag led by Judge Mary Horn.
Pastor Martin: Dear Heavenly Father, we thank You for waking us up this morning and starting us on our way. Father, we thank You for just being better to us than we've been to ourselves. Father, we just ask that as we go through this meeting today, that we check our egos at the door, our personal agendas at the door, that we be about the business that is at-hand on the Agenda, and Father, You help us to make the right decisions for the people. Father, we thank You for restoring Ms. Horn's son to us. And, Father, we pray for the other soldiers that are still over there fighting and for the American way and for freedom. Father, we ask that You continue to be in our midst and help us to show us the way because we can't make this journey by ourselves. We pray all these things in Jesus' name. Amen.
ITEM 10 PUBLIC WORKS
10.B) Approval of 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. (Formal 08-26-03)Move to approve to ratify this decision specifically addressing the bar ditches only by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstained)
Court Order 03-0579
ITEM 1 PUBLIC WORKS
Nancy Brown, CEA-FCS and Office Administrator for the Texas Cooperative Extension, introduced Michael Schertz as 4-H and Youth Development Extension Agent with T.C.E. Shirley Spellerberg urged voters to vote against the Denton County Transportation Authority in
the upcoming election on September 13, 2003.
ITEM 4 PUBLIC HEARINGS
4.A) Approval of setting a prima facie speed limit for Avalon Drive and Holy Grail Drive, located within 500 feet of Castle Hills Elementary School in unincorporated Denton County, the City of Lewisville's ETJ, and any appropriate action. Civil DA
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0No one spoke either for or against a prima facie speed limit.
Move to Close Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0580
ITEM 2 CONSENT AGENDA
(Item 10.A & 13.B were pulled from Consent Agenda for further discussion and/or separate vote.)
PURCHASING
6.A) Approval of exemption from bidding for Sole Source purchase for software licensing from The Software Group according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code,
and any appropriate action. (Briefing 8-26-03)6.B) Approval of renewal of Gasoline, Bid #07-01-1435, to Superior Fuels, and any appropriate action. (Briefing 8-26-03)
BUDGET
7.A) Approval of Budget Amendment Request #102030 for Operating Supplies including the transfer of $3,200 from Non-Departmental Unappropriated Contingency-Regular Contingency and $800 from DA
Chapter 59 Forfeiture Fund for Death Investigations/Medical Examiner for a total amendment of $4,000, and any appropriate action. (Briefing 8-26-03)7.B) Approval of Budget Amendment Request #102070 for Comprehensive General Liability including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $3,000, and any appropriate action. (Briefing 8-26-03)
7.C) Approval of Budget Amendment Request #102080 for Operating Equipment and Operating Supplies for Emergency Management in the amount of $62,175, and any appropriate action. (Briefing 8-26-03)
7.D) Approval of Budget Amendment Request #102100 for Outside Counsel including the transfer of funds from Non-Departmental Unappropriated Contingency-Outside Counsel Contingency for Non-
Departmental in the amount of $38,394, and any appropriate action. (Briefing 8-26-03)7.E) Approval of Budget Amendment Request #102110 for Lease Payments for Jury & Grand Jury in the amount of $764, and any appropriated action. (Briefing 8-26-03)
7.G) Approval of Budget Amendment Request #102150 to increase revenues and allocate expenditures for Postage for County Clerk in the amount of $40,000, and any appropriate action. (Briefing 8-26-03)
7.H) Approval of Budget Amendment Request #102160 to increase revenues and allocate expenditures for Repairs and Maintenance for Denton County Courts Building at $40,000 and Office Supplies for County Clerk at $2,000 for a total amendment of $42,000, and any appropriate action. (Briefing 8-26-03)
7.I) Approval of Budget Amendment Request #102180 to increase revenues and allocate expenditures for Microfilm Expense for County Clerk Records Preservation Fund in the amount of $300,000, and any appropriate action. (Briefing 8-26-03)
7.J) Approval of Budget Amendment Request #102190 for various line items for Law Enforcement Facility and Sheriff's Department in the amount of $6,662, and any appropriate action.
7.K) Approval of Budget Amendment Request #10220 for various line items for County Jail in the amount of $19,945, and any appropriate action.
7.L) Approval of Budget Amendment Request #102230 for Training & Education and Uniform Expense for Sheriff's Communications Division in the amount of $2,777, and any appropriate action.
7.M) Approval of Budget Amendment Request #102250 various line items for Sheriff's Department in the amount of $18,150, and any appropriate action.
7.N) Approval of Budget Amendment Request #102270 for various line items for Public Health-Clinical in the amount of $24,500, and any appropriate action.
7.O) Approval of Budget Amendment Request #102280 for various line items for Purchasing Department in the amount of $2,177, 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.) Amanda Unger, Administrative Specialist II/County Treasurer; Larry Dean, Deputy Sheriff - Transport/County Jail; Gates Wolff, Communications Officer/Communications; Tracy Jenkins, Communications Officer I/Communications; David Cordell, Detention Officer I/County Jail; Benny Tischler, Heavy Equipment Operator/Centralized Road & Bridge; Terry Volz, Heavy Equipment Operator/Centralized Road & Bridge; Kelly Mullholland, Quality Control Technician/Centralized Road & Bridge.
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, August 12, 2003 - Formal Session, and any appropriate action
Move to approve Consent Agenda with the exception of Items 10.A & 13.B by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0581
ITEM 10 PUBLIC WORKS
10.A) Approval of the closing of Tom Cole Bridge and designate a detour for the purpose of replacing the bridge and determining Tom Cole Road Bridge to be surplus and transferring it to the City of Frisco,
and any appropriate action. (Briefing 8-26-03)Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0582
ITEM 13 OTHER DEPARTMENTS
13.B) Approval of request from Main Street, to use the Courthouse-on-the-Square east and west lawn for the Arts, Antiques & Auto Extravaganza on Saturday, September 1, 2003, from 8 a.m. to 6 p.m., and any appropriate action. Aide-to-the-Court
Move to approve with a correction to the date being September 13, 2003, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0583
ITEM 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
NO ACTION
ITEM 5 COUNTY AUDITOR
5.A) Approval of Bill Report and acceptance of the Auditor's Monthly Financial Report for July 2003.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)CORRECTIONS -
GENERAL -
$ 342.00 to Kim Vanderbeek, incorrect vendor, issue to Cindy Vandeventer;ADDITIONS -
GEN., CO.CLK $ 50.00 to Tx. College of Probation Judges for conference materials;
PH - Clinical $ 150.00 to Denton Community Hospital, Application Fee for Public Health;
S.O. Training $ 1,129.92 to Hampton Inn, lodging for Mitchell, Aston & Voss
D.C.T.A. $ 4,380.50 to North Texas Mailing for Postage for DCTA.Move to approve amended Bill Report with the exception of Vendors #2693 & #4069 by
Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White, nay)
Court Order 03-0584Move to approve Vendors #2693 & #4069 by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0585
ITEM 6 PURCHASING
6.C) Approval of award of Job Order Contracting, RFP #07-03-1574, to Jamail Construction, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-05866.D) Approval of award for Tax Statement Preparation/Mailing Service, RFP #06-03-1566, to ADS MB Corp; d/b/a The Mail Box, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0587
ITEM 7 BUDGET
7.F) Approval of Budget Amendment Request #102120 for Cars/Small Trucks including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable,
Precinct #4 in the amount of $23,500, and any appropriated action. (Briefing 8-26-03)Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Jacobs & White nay)
Court Order 03-0588
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 10:30 am
Court reconvened in Formal Session 11:15 am
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 Supreme Court of Texas.
NO ACTION ON EXECUTIVE SESSION ITEMS LISTED ABOVE
ITEM 10 PUBLIC WORKS
10.C) Discussion of the state laws that pertain to the authority and responsibility of the Commissioners Court on the County roads within the unincorporated areas of the county and any appropriate action that
relates to this subject. Commissioner, Precinct #2
NO ACTION10.D) 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 20, 2003. Commissioner, Precinct #1
Move to approve of the Ex Officio Road Commissioner Rules as reflected in the Support Material for this item: Organizational Chart, as amended to change the dotted line to a solid line under Precincts 2 & 3; the Budget; the latest revision of Job Descriptions; and amend Policy IV, 4.1, by eliminating the words "Work Schedule" so as to read simply "The Office Hours for each division shall be as follows" by Comm. White, seconded by Judge Horn.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order 03-058910.G) 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. Commissioner, Precinct #2 (Formal 08-05, 12,
& 26, 2003)
NO ACTION10.H) Approval of Tuesday, September 20, 2003 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and take any appropriate action on a request for a zoning change from Agriculture
(AG) to Residential Medium Density District (R-2), Abstract 1172, Tract 6-B, Precinct #1, in the Lake Ray Roberts Land Use District as requested by The Lake Ray Roberts Planning and Zoning Commission and Mr. and Mrs. Emmett Bewley, and any appropriate action.Move to approve with a correct date of September 30, 2003 by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-059010.I) Approval of Tuesday, September 20, 2003 at 9105 a.m. as date and time to conduct a Public Hearing to consider and take any appropriate action on a request for a Special Use Permit, Abstract 1172, Tract 6-B, Precinct #1, in the Lake Ray Roberts Land Use District as requested by The Lake Ray Roberts Planning and Zoning Commission and Mr. and Mrs. Emmett Bewley, and any appropriate action.
Move to approve with a correct date and time of September 30, 2003 at 9:10 a.m. by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0591
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION13.C) Approval of appointing Election Judges for the 2003 Constitutional Amendment Election and the Denton County Transportation Authority Special Sales Tax Election on September 13, 2003, and any appropriate action. Elections (Formal 08-26-03)
NO ACTION13.D) Approval of any action related to the Confederate Monument water fountains and any appropriate action. Commissioners Court.
NO ACTION13.E) Approval of acceptance of completion of the continuing education provisions of Texas Local Government Code, Article 81.0025 by Commissioner Cynthia White, Precinct 1 for 2003, and any
appropriate action. Commissioner, Precinct #1
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0592
ITEM 14 LEGAL
14.C) Approval of the Construction Reimbursement Agreement between Devon Energy Operating Company and Denton County, Texas, for the replacement of the existing Eakin Cemetery Bridge, and any appropriate action. (Briefing 8-26-03)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-059314.D) Approval Discussion of the Revised Resolutions for the Civil Child Abuse Prosecution Grant and the Child Abuse Prosecution Expansion Grant, and any appropriate action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-059414.E) Approval of the termination 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.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-059514.F) Approval of the Sonant Corporation Software License Agreement and the Sonant Corporation Product Maintenance and Support Agreement, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0596
ITEM 16 ADDENDA
16.A) Approval of (1) the Group Dental Service Agreement; (2) the Specialty Benefit Amendment and (3) Amendment # 1 to the Group Dental Service Agreement between Denton County, Texas and United
Dental Care of Texas, Inc. for the Fortis Dental Plan.Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0597
ITEM 19 ADJOURNMENT 1:15 PM
This set of minutes for September 2, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.