Denton County, Texas, Seal

Denton County Commissioners Court
Denton County Pre-Trial Facility
140 Troy H. LaGrone Drive, Denton, Texas
* * * * * Formal Agenda Minutes


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 14th day of October, 2003, at 9:00 a.m. 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 Hank Scheible, Denton County Veteran's Officer, followed by the Pledges to the American and Texas Flag led by Mayor Olive Stephens, Town of Shady Shores.

Mr. Scheible: Most Gracious Heavenly Father, we just praise You and lift You up this morning. You are such a wonderful God and we humble ourselves before You. We acknowledge that You are our Savior and Lord and ask that You would help us now as we begin this time of government business that needs to be taken care of, that we'll keep first and foremost that You are the reason this country exists. Thank You for those who have willingly served on this Commissioners Court, those who assist, and those who will present issues today. Lord, we ask that You would make everything that is said and done here today glorify Your name. In Christ's name, we pray. Amen.

ITEM 13 OTHER DEPARTMENTS

13.B) Approval of the appointment of Edward E. Adcock to the Veterans Advisory Board.-Precinct #1

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0684

ITEM 1 PUBLIC INPUT

Bill Pederson, Attorney-at-Law from McKinney, Texas, presented a claim from Community Pharmacy to the Criminal District Attorney, Civil Division.

Cathy Allcorn, Manager of County Planning, thanked her staff for their hard work and thanked the court for their support of the GIS technology.

ITEM 2 CONSENT AGENDA

BUDGET

7.A) Approval of Budget Amendment Request #100010 for Computer Software for Sheriff's Department in the amount of $13,600 and any appropriate action.

7.B) Approval of Budget Amendment Request #100020 for Computer Software for Bioterrorism Grant in the amount of $5,000 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.) D.F. Kathe, Medical Investigator (PT), Death Investigation/M.E. Services; Leticia Chonay, Office Support Specialist II/Environmental Health; Alicia Russell, Office Support Specialist II/Public Health (Clinical); Carolyn Barrett, Deputy Clerk - Motor Vehicles/Tax Assessor-Collector; Larry Pyles, Detention Officer II/County Jail; Ari Alatzas, Sergeant - Detention/County Jail.

PUBLIC WORKS

10.C Approval of the FINAL plat of Spring Acres and any appropriate action.-Precinct #4

COUNTY CLERK

11.A) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for September 23, 2003 and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0685

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.)

DELETIONS FROM GENERAL -
$ 125.00 to Kim McCary, Attorney, incorrect amount;
$ 71.50 Joe Akers Wrecker Service, duplicate payment.

ADDITIONS TO GENERAL -
J.P. # 1, $ 140.00 to Rosemarie Burton, Austin Travel Advance;
20.00 to Texas State University, registration fee for R. Burton;
Tax Ofc. $ 90,000.00 to The Mail Box, 2003 Tax Statement Postage;
Non-De. $ 180.00 to Chili's, Gift Certificates;
$ 15,393.60 to Texas Lil's Dude Ranch, Employee Service Award Event.

5.A-1) Move to approve amended Bill Report with the exception of Vendors 538, 1605, 2043, 2312,
3980 & 5740 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0686

5.A-2) Move to approve Vendors 538, 1605, 2043, 2312, 3980 & 5740 from the Amended Bill Report by Comm. Carter, seconded by Comm. Horn.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0687

ITEM 14 LEGAL

14.B) Approval of the Tarrant-Parker-Denton County Medical Examiner's District Agreement for the 2003-2004 Fiscal year, and any appropriate action. (Formal 9-30-03)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0688

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of any action related to the Confederate Monument water fountains. County Judge
NO ACTION

13.C) Approval of the appointment of Fran Moore to the North Central Texas Workforce Development Board, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0689

13.F) Approval of the donation of 30 joints of used 4-1/2" drill pipe for the construction of two bridge ramps by Devon Energy and Patterson Drilling.-Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0690

13.D) Approve Denton County Commissioners Court Operating Policy, and any appropriate action. Commissioner, Precinct #2
NO ACTION

ITEM 5 AUDITOR

5.B) Approval of the County's 2003 State Criminal Alien Assistance Grant (SCAAP) award of $134,172 and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0691

ITEM 14 LEGAL

14.C) Approval of a) the Temporary Slope Easement between Nolan and Sammye Ragsdale and Denton County, Texas, b) the Special Warranty Deed and Temporary Construction Easement between I AM ONE, Inc., a Texas Corporation, and Denton County, Texas and c) directing the County Auditor to request a Warrant in the amount of NINETY TWO THOUSANDTWO HUNDRED AND 00/100 DOLLARS ($92,200.00) made payable to Nolan Ragsdale and I Am One, Inc., funded from Better Safer Roads Program for the acquisition of right-of-way for the Litsey Road Project and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0692

ITEM 10 PUBLIC WORKS

10.B) Approve revisions to job descriptions associated with the reorganization of the Public Works Department, and any appropriate action. Human Resources

13.G) Approve revisions to the organizational chart for the EX Officio Road Commissioner System regarding the two positions of Administrative Managers. Precinct #1

10.B-1) Move to approve a chain of command in the Road & Bridge Department of Public Works: the Road & Bridge employees report to the Foreman who reports to the Administrative Foreman who, in turn, reports directly to the Ex-Officio Commissioner representing their respective Road & Bridge precinct by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0693

10.B-2) Move to approve the two Administrative Managers positions remain under the two Road & Bridge areas, the Data Processing Coordinator serve as office help for Engineering and the
Office Support Specialist II serve as office help for the Planning Director by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Horn & White, nay)
Court Order 03-0694

10.B-3) Move to approve the removal of the TLETS certification requirement in the job descriptions for the Administrative Managers under Road & Bridge by Judge Horn, seconded by Comm.
Jacobs.
Motion Carried 5-0-0
Court Order 03-0695

10.B-4) Move to approve the following changes to the job description for the Data Processing Coordinating under Engineering/Vehicle Maintenance: replace all references to the Road & Bridge Department with Engineering/Vehicle Maintenance Department; add the word
"responsible for accuracy" in the paragraph referencing materials and forms; add a sentence to the job description - "Performs a variety of duties to ensure smooth operation of the office including research, special projects, and all permitting" - by Comm. Jacobs, seconded by
Comm. Mitchell.
Motion Carried 3-2-0 (Horn & White, nay)
Court Order 03-0696

10.B-5) Move to approve the following change to the job description for the Office Support Specialist II: change the Administration Department to the Planning Department to whom this position
reports to, replace all references to the Road & Bridge Department with Planning Department; add the word "responsible for accuracy" in the paragraph referencing materials and forms;and, add a sentence to the job description - "Performs a variety of duties to ensure smooth
operation of the office including research, special projects, and all permitting" by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White, nay)
Court Order 03-0697

10.B-6) Move to approve the following changes under the Engineering section: replace "coordinates and directs activities of County road construction projects" with "coordinates and directs activities of Engineering construction projects"; also, replace "prepares and administers contracts" with "this position prepares technical specifications for the procurement of outside vendor services," by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Horn & White, nay)
Court Order 03-0698

10.B-7) Move to approve the following changes under the Planning section: replace "coordinates and directs activities of County road construction projects" with "coordinates and directs activities
of Planning projects"; also, replace "prepares and administers contracts" with "this position prepares technical specifications for the procurement of outside vendor services," by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 3-2-0 (Horn & White, nay)
Court Order 03-0699

10.B-8) Move to approve to put back the empty Administrative Manager slot to the West side of Road & Bridge and move the present Administrative Manager from the West side to the East Side - Aubrey Location - by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 03-0700

10.A) Approval of Ex-Officio Commissioner System assignment of facilities and any appropriate action related to the changes to the new system. Commissioner, Precinct #2

Move to approve Option One by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 03-0701

ITEM 17 RECESS 11:17 a.m.

ITEM 18 RECONVENE 11:20 a.m.

ITEM 13 OTHER DEPARTMENTS

10.B) Approve revisions to job descriptions associated with the reorganization of the Public Works Department, and any appropriate action. Human Resources

Move to approve by Comm. Jacobs.
Motion Withdrawn.
Item to be Reposted.

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 11:30 a.m.
Court Reconvened in Formal Session 12:25 p.m.

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.

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.

15.F) Consultation with attorney concerning pending litigation, Texas Government Code, Section 551.071 (1)(A); Denton County, Texas, v. Phillip Swager & Associates, Inc., Hubert, 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 Court of Denton County, Texas.
NO ACTION ON ANY OF THE ABOVE ITEMS

ITEM 19 ADJOURNMENT 12:27 p.m.

This set of minutes for October 14, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.