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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 28, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 28th day of October, 2003, at 9:05 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners 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 Hank Scheible, Veteran's Service Officer, followed by the Pledges to the American and Texas Flag led by Kelly Zwinggi, Director of County Planning.
Mr. Scheible: Almighty God, we come before You this morning standing in awe of Your power and majesty. As we acknowledge You as God, it humbles us to stand before You and ask for You to watch over these proceedings. Help us as we go through this day and the things that are said here today, that they will all bring glory and honor to Your name. Help us to make decisions that would be the decisions You would want us to make and not the decisions we would want to make. Fill us with the power of the Holy Spirit that his day might be a marvelous day for you. In Christ's name, we pray, Amen.
ITEM 1 PUBLIC INPUT
ITEM 2 CONSENT AGENDA
(Item 13.B pulled from Consent Agenda for further discussion and/or separate vote.)
BUDGET
7.A) Approval of Budget Amendment Request #100040 for Small Tools and Equipment for Road & Bridge, Precinct #4 in the amount of $1,399, and any appropriate action. (Briefing 10-21-03)
7.B) Approval of Budget Amendment Request #100050 for various Ambulance Service line items including the creation of a new line item for Contract purposes for FY 2003-2004 for Emergency Services
in the amount of $750,000, and any appropriate action. (Briefing 10-21-03)
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.) Jennifer Rodriguez, Deputy Clerk (PT), District Clerk; Karla Kay Schuster, Senior Planner/Stormwater - County Planning; Diane McNeil, Administrative Manager/Road & Bridge Precincts 3 & 4; Daniel Timmons, Driver - Equipment Operator/Road & Bridge Precincts 3 & 4; Bonnie Putnam, Communications Officer 1/Communications; Rhonda Houle, Detention Officer 1/County Jail.
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 3, 2003, and any appropriate action.
11.B) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 14, 2003, and any appropriate action.
LEGAL
14.B) Approval of 1) the Permanent Drainage Easement Agreement between Denton County, Texas and James and Deborah W. Simpson and 2) the Partial Release of Lien by CTX Mortgage Company, LLC, for the Chinn Chapel Road Project, and any appropriate action. (Briefing 10-21-03)
Move to approve Consent Agenda with the exception of Item 13.B by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0722
ITEM 13 OTHER DEPARTMENTS
13.B) Approval of Dell computer lease from state contract through Texas Department of Information Resources, and any appropriate action. Information Services (Briefing 10-21-03)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0723
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
13.A) Report on the October meeting of the Emergency Preparedness Planning Council. Commission, Pct. #3 Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 4)
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 -
$ 160.00 to Cynthia Burkett, Attorney, incorrect vendor;
$ 34.35 to Accurint, incorrect invoice number;
$ 23,258.00 to HGAC, holding for updated PO;
$ 16.00 to 9274 Lexis-Nexis, incorrect invoice #.5.A-1) Move to approve amended Bill Report, except for Vendors #'s 495, 2810, 3113 & 6390 by
Comm. Mitchell, seconded by Comm. Carter
Motion Carried 3-0-0
Court Order 03-0724
Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 11)5.A-2) Move to approve Vendors #'s 495, 2810, 3113 & 6390 by Comm. Carter, seconded by Judge Horn.
Motion Carried 2-1-0 (Mitchell nay)
Court Order 03-07255.B) Approve allocating $369,955 in 1999 Road Bond Fund Interest to Fund the FY 2004 ITS Transportation Enhancement Contract, and any appropriate action. (Formal 10-21-03)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0726
ITEM 7 BUDGET
7.C) Approval of Budget Amendment Request #100070 to Transfer to North Central Texas Narcotics Task Force Fund including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Transfer from General Fund in the amount of $64,899, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0727
ITEM 10 PUBLIC WORKS
10.A) Approval of Committee Assignments for the Director of Public Works/Planning and Public Works/Engineering, and any appropriate action. Commissioner, Precinct #2
NO ACTION - REPOST10.B) Approval of moving expenses for the Department of Public works/Planning and Department of Public works/Engineering at the Denton County Government Center, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-072810.C) Approve the appointment of Brett Kuhn to the Lake Ray Roberts Planning & Zoning Commission as a County Judge appointment, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-072910.D) Approve Tuesday, November 18, 2003 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider a Special Use Permit for Abstract #652, Tract 6A, in the Lake Ray Roberts Land Use District as requested by Mr. Howard Cox and recommended by the Lake Ray Roberts Planning & Zoning Commission and the Planning Department, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0730
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION13.C) Approve the appointment of Clifford L. Thomson to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-073113.D) Approve the appointment of George W. Jackson to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0732
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.C) Approval of a) authorizing the County Judge to execute all necessary documents for the closing b) the Special Warranty Deed, Easement Amendment and Reciprocal Easement Agreement, and Replatting Agreement, as amended, all between Arthur Rentals, Ltd., a Texas limited partnership and Denton County and c) directing the County Auditor to request a Warrant in the amount of $730,755.00, made payable to Land America Texas Title for the acquisition of the storage facility at 9070 Teasley Lane, Denton, Texas, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-073314.D) Approve the Ratification of complete execution of Standard Form of Agreement for Services between Denton County, Texas and ECI Video for Audio/Video System for Commissioners Court, and any appropriate action.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0734
ITEM 16 ADDENDA
16.B) Approval of application for grant offered by the Governor's Division of Emergency Management (for SERC) to provide funding for the Denton County Local Emergency Planning Committee for Hazardous Materials Emergency Preparedness-Fire Marshall.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 03-073516.C) Approval of and ratification of Notice of Option to renew the ADR Contract with the University of North Texas for an Additional One Year Period and any possible action.
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 2-1-0 (Mitchell nay)
Court Order 03-073616.D) Approval of changes to the job titles of the administrative staff positions in Road & Bridge and in County Planning Department and any appropriate action.
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 9:45 a.m.
Court reconvened in Formal Session 10:00 a.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.
16.A) 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 15.A-C, 16.A
ITEM 19 ADJOURNMENT 10 a.m.
This set of minutes for October 28, 2003 prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.