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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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October 21, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 21st 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 Bob Schell, Assistant District Attorney, Civil Division, followed by the Pledges to the American and Texas Flag led by Amy Phillips, Human Resource Director.
Mr. Schell: Almighty God, Heavenly Father, we thank You today for opportunities. We thank You for the opportunity to serve You through Denton County and its public offices. We thank You for the opportunity to work with the people who dedicate themselves to service in County government. We thank You for this Commissioners Court. We ask You to bless them, keep them, and guide them. We know that the opportunities that You present us, we can only achieve success through Your grace and strength. We thank You for Your guidance, Your counsel, and we look forward to serving You. In Christ's name, we pray, Amen.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Presentation of Highland Village Teen Center. Commissioner, Precinct #3
ITEM 1 PUBLIC INPUT
Bob Schell, Assistant District Attorney, Civil Division of the Criminal
District Attorney Office, announced his resignation and expressed his
appreciation to all county workers and court members for eight pleasurable years
here.
Mildred Hawk, Denton, Texas, announced the opening of the trails at Old Alton
Park.
ITEM 2 CONSENT AGENDA
(Item 10.D pulled for further consideration and/or a separate vote.)
TREASURER
5.C) Approval of Payroll.
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.) Elaine Corbin, Registered Nurse - Public Health/Clinical; Patricia Roche, Assistant WIC Clinical Prof./WIC - Administration; Carla Wade, Court Clerk/J.P. # 5; Sandra Reid, Deputy Clerk (PT)/District Clerk; Jennifer Mayo, Communications Officer/Communications; Michael Neeley, Detention Officer I/County Jail; David Schoolcraft, Detention Officer I/County Jail; Shirley Squires, Administrative Specialist I/Prosecution Enhancement Grant; Sharon Cornelius, Deputy Clerk - Courts/County Clerk; Gregory Yankey, Deputy Clerk II - Courts/County Clerk.
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for September 30, 2003, and any appropriate action.
LEGAL
14.B) Approval of the Memorandum of Understanding between Denton County, Texas and the U.S. Corps of Engineers, Fort Worth District, and any appropriate action. (Briefing 10-14-03)
14.C) Approval of a Permanent Right-of-Way Easement, a Permanent Drainage Easement, and a Temporary Construction Easement between Buddy D. and Mindy M. Kinney and Denton County, Texas, for the Eakin Cemetery Road Bridge Replacement Project, and any appropriate action. (Briefing 10-14-03)
14.D) Approval of the Statement of Work for Services between Denton County, Texas and International Business Machines Corporation (IBM), and any appropriate action. (Briefing 10-14-03)
14.E) Approval of the Annual On-Site Service Agreement between Denton County, Texas and Peak Technologies, Inc. for the Treasurer's Office pressure sealer, and any appropriate action. (Briefing 10-14-03)
Move to approve Consent Agenda with the exception of 10.D by Comm. Jacobs, seconded
by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0702
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 -
GENERAL -
$ 21.87 to AT&T, per department;
$ 382.80 to Denton Publishing Co., incorrect amount;
$ 495.51 to Shell Oil, duplicate payment;
$ 233.50 to Kimberly Reynolds, incorrect vendor;
PUBLIC HEALTH -
$ 10.25 to Affiliated Pathologists, incorrect vendor;
99 ROAD -
$ 525.59 to B.N. & S.F. Railroad Co., incorrect amount.CORRECTIONS -
TNCP - $ 524.60 to Chevron USA, incorrect amount: reissue for $305.72;ADDITIONS -
Gen - L&W $ 120.00 to Susan Tyler for Huntsville Travel Advance;
TNCP $ 4,953.00 to Denton County Sheriff Office, reimbursement for Imprest Fund.5.A-1) Move to approve amended Bill Report with the exception of Vendor Items 1052, 3491, 4676, 6389, 6625 and 3240 by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-07035.A-2) Move to approve Vendor Items 1052, 3491, 4676, 6389, 6625 and 3240 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-07045.B) Approval of allocating $369,955 in 1999 Road Bond Fund Interest to Fund the FY 2004 ITS Transportation Enhancement Contract, and any appropriate action. (Briefing 10-14-03)
NO ACTION - REPOST
ITEM 6 PURCHASING
6.A) Approval of specifications and authority to advertise for Historic Courthouse Renovation, Interior
Millwork, Bid #10-03-1585, and any appropriate action.Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0705
ITEM 9 HEALTH
9.A) Approval of 31 day contract extension of CHIP program and any appropriate action. (Briefing 10-14-03)
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0706
ITEM 12 SHERIFF
12.A) Approve Sheriff Weldon Lucas's request for the transfer of one (1) Ford Aerostar Cargo Van (inventory #FM96C81) from Records Management to the North Central Texas Narcotics Task Force for
use as a multipurpose vehicle, and any appropriate. (Briefing 11-14-03)Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0707
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION13.B) Approval of Courthouse-on-the-Square Restoration Project Potential Change Order #6 for Joe R.
Jones for North and East Façade Stone Replacement, $42,957.81, and Change Order #7 for Joe R. Jones for
reposition of floor grilles, $11,190.96 and contract extension, $35,183.96, totaling $89,332.73, and any
appropriate action. Facilities13.B-1) Move to approve Change Order # 6 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-070813.B-2) Move to approve Change Order # 7-A by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-070913.B-3) Move to approve Change Order # 7-B by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 03-071013.C) Approval of the FY 2400 Emergency Management Performance Grant Application. Fire Marshal
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-071113.D) Approve the appointment of a Court Member to the PEBC Board of Governors, effective January 1, 2004, and any appropriate action. Commissioners Court
Move to appoint Judge Mary Horn by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-071213.E) Approval of changes to the Commissioners Court Operating Procedures, and any appropriate action. County Judge
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0713
ITEM 17 RECESS 10:30 a.m.
ITEM 18 RECONVENE 10:45 a.m.
ITEM 10 PUBLIC WORKS
10.A) Approval of Committee Assignments for the Director of Public Works/Planning to include Vehicle & Radio Assessment Committee, Recycle Committee, Master Space Plan Committee and the Director of Public Works/Engineering to include Loss Control Committee, Personnel Committee and any
appropriate action. (Briefing 10-14-03)10.A-1) Move to approve the removal of the Director of Engineering from the Loss Control Committee by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Failed 2-3-0 (Jacobs & Mitchell aye)10.A-1) Move to approve Committee Assignments at the current status now being held for that assignment, either a non-voting member or voting member: for the Director of Public Works/Engineering to be appointed to the Vehicle & Radio Assessment Committee, Recycle Committee & Loss Control Committee; for the Director of Public Works/Planning to be on the Personnel Policy Committee and the Master Space Plan Committee by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-071410.B) Discussion of the authority of individuals that have any authority associated with Road & Bridge Argyle and Road & Bridge Aubrey, and any appropriate action. Comm. Precinct #2
NO ACTION - REPOST
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 12:00 noon15.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, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Mark Valimont v. Denton County Jail, et al.; In the United States District Court for the Eastern District of Texas Sherman Division; Case no. 03-CV-367.
Move to assign this pending litigation to the Criminal District Attorney's Office, Civil Division, by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0715
ITEM 10 PUBLIC WORKS
10.C) Approval of a letter to all Road and Bridge employees regarding changes to
Public Work's Department and their affect on all employees in those departments,
and any appropriate action. County Judge
10.C-1) Move to approve Comm. White's letter with amendments by Comm. Jacobs, seconded by Comm. Carter.
Seconder withdrew his motion10.C-1) Move to approve Paragraph Four as amended by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 03-071610.C-2) Move to approve Paragraph One with the replacement of "within their respective precincts" to "as it relates to their respective precincts" by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (White, nay)
Court Order 03-071710.C-3) Move to approve Paragraph Two as written by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-071810.C-4) Move to approve Paragraph Three as amended by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-071910.C-5) Move to approve Paragraph Five as amended by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-072010.C-6) Move to approve the remainder of the letter with amendments by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0721
ITEM 19 ADJOURNEMENT 12:50 p.m.
This set of minutes for October 21, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.