 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 23rd day of September, 2003, at 9:10 a.m. 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 Kathleen Bransford.
Court opened with an Invocation by Lockadee Newland, Chief Assistant for Commissioner White, Precinct # 1, followed by the Pledges to the American and Texas Flag led by Kathleen Bransford, Deputy Clerk for the County Clerk.
Ms. Newland: Heavenly Father, thank You for this day and the opportunity to serve You. Thank You for Your love. Help us to share Your love with those around us. Father, we pray for Commissioner Jacobs and her family as they mourn the death of her mother. Please be with them and comfort them as they grieve. Father, we pray for this Commissioners Court. Please guide and direct them as they carry out their duties today. We pray for our president and all of those who surround him. And we pray for our armed forces fighting around the world, especially in Iraq, and we pray for the Iraqi people. We pray all this in Your holy name, Amen.
ITEM 1 PUBLIC INPUT
Cynthia Mitchell, Denton County Clerk, informed Commissioners Court of a new procedure whereby Commissioners, Elected Officials, and Department Heads will be able to access the transcribed minutes on-line rather than printing them each week in 30 Agenda Books for a savings of time and money. She announced this would take place as soon as Information Services and her office could implement a plan.
ITEM 4 PUBLIC HEARING
4.A) Approve the Replat of Lot 8 & 9, of Lakeview Estates, Precinct #1. Planning
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0No one spoke either for or against.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve replat by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0631
ITEM 5 CONSENT AGENDA
TREASURER
5.C) Approval of Payroll.
PURCHASING
6.A) Approval of award of bid for Lubricants and Oils, Bid #07-03-1571, to Jessie P. Taylor Oil Company, and any appropriate action. (Briefing 09-16-03)
6.B) Approval of award of bid for Vehicle Parts, Bid #07-03-1573, to Napa Auto Parts for Sections 1, 3, 4, 5, 6, and 7 and O'Reilly Auto Parts for Section 2, and any appropriate action. (Briefing 09-16-03)
BUDGET
7.B) Approval of Budget Amendment Request #102490 for Court Reporting including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Commissioners
Court in the amount of $4,900, and any appropriate action. (Briefing 09-16-03)7.C) Approval of Budget Amendment Request #102510 to increase revenues and allocate expenditures for Overtime-Tobacco Compliance/Benefits and Supplies for Sheriff's Department in the amount of $10,000, and any appropriate action. (Briefing 09-16-03)
HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. Interviews 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.) David Allen, Detention Officer I/County Jail; Benny Splawn, Driver-Equipment Operator/R & B; Salina Harris, Juvenile Detention Officer/Juvenile Detention; Karin Qualls, Family Law Attorney II (PT)/DA Civil Domestic Violence Grant; Eduardo Davila, Juvenile Corrections Officer/Juvenile Post-Adjudication.
HEALTH
9.A) Approval of contract with TDH for Bureau of Nutrition Services-WIC Card program, and any appropriate action. (Briefing 09-16-03)
9.B) Approval of TDH Contract for Clinical Services, and any appropriate action. (Briefing 09-16-03)
9.C) Approval of TDH Contract for Local Public Health Services, and any appropriate action. (Briefing 09-16-03)
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, September 9, 2003 - Formal Session, and any appropriate action.
OTHER DEPARTMENTS
13.C) Approval of Year 2004 Grant Proposal from CHOS Museum to the Denton Benefit League for a large format, flatbed scanner and conversion of research reels to CD funding for total of $5,000-Museum, and any appropriate action. CHOS Museum (Briefing 09-16-03)
13.D) Approval of Year 2004 Grant Proposal from Bayless-Selby House Museum to the Denton Benefit League for a scanner/printer/copier/fax machine and one tent for $5,030-Museum, and any appropriate action. COS Museum (Briefing 09-16-03)
13.E) Approval of the Denton County Juvenile Probation Department At-Risk Youth Assessment Grant (ED-03-15988-03), and any appropriate action. Juvenile Probation (Briefing 09-16-03)
13.F) Approval of the Denton County Juvenile Intensive Home Based Services Grant (JA-03-J20-14166-05), and any appropriate action. Juvenile Probation (Briefing 09-16-03)
LEGAL
14.B) Approval of the Interlocal Cooperation Agreements between the Aubrey Independent School District and Denton County, for the 2003 property taxes, and any appropriate action. (Briefing 09-16-03)
14.C) Approval of the Real Estate Contract between Denton County, Texas, and Trammell Crow No. 33 and University Park Phase 1, Limited, for the purchase of right-of-way on FM 544, and any appropriate action. (Briefing 09-16-03)
14.D) Approval of the Standard Form of Agreement for Services between Denton County, Texas and Richmond Communications Group, Inc. , and any appropriate action. (Briefing 09-16-03)
14.E) Approval of a) the resolution authorizing participation in the FM 1171-Section 2 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 FM 1171- Section 2 Project, CSJ 1311-01-034, and any appropriate action. (Briefing 09-16-03)
Move to approve Consent Agenda by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0632
ITEM 16 ADDENDA
16.A) Approval of an order authorizing the issuance of "DENTON COUNTY, TEXAS, TAX NOTES, SERIES 2003"; specifying the terms and features of said notes; levying a continuing direct annual as
valorem tax for the payment of said notes; and resolving other matters incident and related to the issuance, sale, payment and delivery of said notes, including the approval and execution of a Paying Agent/Registrar
Agreement, a Purchase Contract and the approval and distribution of a Preliminary Official Statement and an Official Statement; and approving an effective, and any appropriate action. County AuditorMove to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0633
ITEM 5 AUDITOR
5.A-1) Approval of Bill Report/Acceptance of the Auditor's Monthly Financial Report for August, 2003.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)DELETIONS -
GENERAL -
$ 675.00 to Joseph Zellmer, Attorney, incorrect amount;
$ 100.00 to Tarrant County Hospital District, incorrect vendor;
$1,125.00 to Melissa Maldonado, incorrect amount;
S.O. Train $ 442.08 to Sheri Clearman, incorrect vendor;
D.A. Ck $ 7.63 to Federal Express Corp., incorrect amount.Move to approve amended Bill Report with the exception of Vendor 6019 by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-06345.A-2) Move to approve Vendor 6019 by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-06355.B) Approving the 2004 Denton County Resolution for the Indigent Defense Grant Program, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0636
ITEM 6 PURCHASING
6.C) Approval of specifications and authority to advertise for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #09-03-1583, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0637
ITEM 7 BUDGET
7.A) Approval of Budget Amendment Request #102480 for Access Control System including the transfer of $45,000 from Courthouse Security Funds-Unappropriated Contingency to the 2003 Tax Note
Fund for a total amendment of $99,489, and any appropriate action. (Briefing 09-16-03)Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-06387.D) Approval of Budget Amendment Request #102520 for Equipment Maintenance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for License &
Weight in the amount of $1,001, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0 (Judge absent for vote)
Court Order 03-06397.E) Approval of Budget Amendment Request #102530 for Unemployment Compensation including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $10,231, and any appropriated action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0640
ITEM 8 HUMAN RESOURCES
8.B) Approval of revisions to Personnel Policy #7.7-Nepotism, and any appropriate action. (Briefing 09-16-03)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion WithdrawnMove to approve with all inter-relationships left in the policy by Comm. White, seconded by Comm. Mitchell.
Motion Carried 3-1-0 (Carter nay)
Court Order 03-06418.C) Approval of revisions to Personnel Policy #5.1-Employee Discipline, and any appropriate action. (Briefing 09-16-03)
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0642
ITEM 10 PUBLIC WORKS
10.A) Approval of the Road Superintendent's Report for August 2003, and any appropriate action. (Briefing 09-16-03)
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-064310.B) Approval of Ex-Officio Road Commissioner System assignment of facilities and any appropriate action relative to the changes to the new system. Commissioner, Precinct #2
REPOST ITEM NEXT WEEK10.C) Approve revisions to job descriptions associated with the reorganization of the Public Works Department, and any appropriate action. Human Resources
REPOST NEXT WEEK
ITEM 12 SHERIFF
12.A) Approval of Sheriff Weldon Lucas & District Attorney Bruce Isaacks to hold a "Public Hearing" regarding proposed use of Local Law Enforcement Block Grant form the U.S. Department of Justice,
allocation and intended purpose of fiscal year 2003-2004 Local Law Enforcement Block Funds for $32,374.80 with local Sheriff's Office & District Attorney's Office cash match for $3,597.20, and any
appropriate action.
REPOST NEXT WEEK FOR PUBLIC HEARING
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court.
NO ACTION13.G) Approval of appointment of Ms. Ann French Clark to the Denton County Child Protective
Services Board, and any appropriate action. County JudgeMove to approve subject to approval of background check by C.P.S. by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0644
13.B) Approval of Denton County Commissioners Court Operating Policy. and any appropriate action. Commissioner, Precinct #2 (Briefing 09-26-03)
REPOST NEXT WEEK
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
ITEM 16 ADDENDA
16.B) Approval of authorizing John Polster, ITS, to execute the agreement between UNT for the use of the Coliseum for the October 4, 2003 Public Hearing for the extension of FM 2499 from FM 407 to FM 2181, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-064516.C) Approval of the Tarrant-Parker-Denton County Medical Examiner's District Agreement for the 2003-2004 Fiscal year, and any appropriate action. DA/Civil
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Failed
REPOST NEXT WEEK16.D) Approval of the Transportation Consultant Professional Service Contract between Denton County, Texas and Innovative Transportation Solutions, Inc. (ITS) for the 2003-2004 Fiscal year.
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0646
ITEM 17 RECESS 10:40 A.M.
ITEM 18 RECONVENE 11:00 A.M.
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 11:20 a.m.15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
Move to approve the recommendation of the Criminal District Attorney's Office, Civil Division, to grant the Civil Division the authority to acquire the Ragsdale and IM-1, Inc. tracts as part of the Litsey Road Project at the price discussed in Executive Session by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-064715.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.
15.E) 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-242.
NO ACTION ON ITEMS 16. B THROUGH E
ITEM 19 ADJOURNMENT 11:22 A.M.
This set of minutes for September 23, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.