 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
November 4, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 4th day of November 4, 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 Dr. Bing Burton, Health Department Director, followed by the Pledges to the American and Texas Flag led by Mike Hackler, Internal Auditor for Denton County Clerk's Office.
Dr. Burton: Almighty and Everlasting God, we thank You for this day, the day that You have made. We thank You for the love and the mercy that You show us. We ask that You would help us to grow in our capacity to reflect those to others. We ask Your blessing this day, Lord, upon our military men and women that serve around the world, and especially those that face so much peril in Iraq. We pray Your protection upon them and that You would at the completion of their mission bring them home safely. We thank You, Lord, that the fires that ravaged California are so much more under control now. We pray Your comfort upon those that lost so much in that devastation. And we're thankful, Lord, for the heroic efforts of those firefighters and all that they did to seek to preserve life and property. We pray Your blessing, Lord, upon this Commissioners Court Today. We pray that Your Holy Presence might so fill the air that every breath that we breathe will fill us with Your spirit; that You might guide and direct all that is said and done here that it might be pleasing to You. And we pray in Jesus' name, Amen.
ITEM 1 PUBLIC INPUT
Bryan Firth, Krugerville, Texas, asked the court to look at a development considered for his neighborhood, increasing his neighborhood's traffic burden, decreasing their safety.
Comm. White
ITEM 4 PUBLIC HEARING
4.A) Approve the Replat of Lots 9R-1 and 9R-2 pf Breezy Acres Estates, Precinct #4, and any appropriate action.
Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0No one spoke either for or against.
Move to Close Public Hearing by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to approve a replat by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0737
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of presentation for the Denton County Purchasing Department receiving the Excellence in Procurement Award for 2003, and any appropriate action. County Judge
ITEM 2 CONSENT AGENDA
TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval to declare URS Corporation as the most qualified for the development of PS&E for FM 2499-Section 2 and the authority to negotiate a contract, and any appropriate action. (Briefing 10-28-03)
BUDGET
7.A) Approval of Budget Amendment Request #100060 to increase revenues and allocate expenditures for Educational Supplies for CHOS Museum in the amount of $1,100, and any appropriate action. (Briefing 10-28-03)
7.D) Approval of Budget Amendment Request #100100 to increase revenues and allocate expenditures for various line items for CHOS Museum/Tourism Preservation Grant 2003 in the amount of $18,570, and any appropriate action. (Briefing 10-28-03)
7.E) Approval of Budget Amendment Request #100110 to increase revenues and allocate expenditures for Vehicle Emissions Compliance Program for Non-Departmental in the amount of $635,306, and any appropriate action. (Briefing 10-28-03)
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.) Veronica Brunner, Administrative Manager, Criminal District Attorney; J.R. Moore, Juvenile Prosecutor, C.D.A.; Michael Dickens, Juvenile Prosecutor II/C.D.A.; Daniel Hoffman, Felony Prosecutor II B-FV/C.D.A.; Emma Guzman, Misdemeanor Prosecutor I/C.D.A.; Diane Elisabeth Foster, Emergency Management Specialist (PT)/Emergency Management; Lori Pethtel, Deputy Clerk-Courts/County Clerk; Anna Marie Paulson, PT Assistant Law Librarian/Law Library; Lindsay Miller, DO III - Medical/Jail Health; Jackie Cottongame, Corporal/Communications; Verney Sullivan, Deputy Sheriff/Sheriff; Ray Fuentez, Driver-Equipment Operator/Road & Bridge Pct. #'s 3 & 4; Brenda Leake, Juvenile Corrections Officer/Juvenile Post Adjudication; Donnell Simon, Juvenile Corrections Officer/Juvenile Post Adjudication.
8.B) Approve appropriate changes to the Holiday Schedule for 2004, and any appropriate action. (Briefing 10-28-03)
8.C) Approve Loss Control Committee Membership, and any appropriate action. (Briefing 10-28-03)
8.D) Approve Stop Loss Rates and Limit for 2004, and any appropriate action. (Briefing 10-28-03)
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 21, 2003, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of splitting or combining of Precincts to Comply with Sec. 42.032 Texas Election Code, and any appropriate action. (Discussion y aprobacion de partir o de combiner de los recintos a conformarse con el Sec. 42.032 Codigo De la Eleccion De Tejas.) Elections (Briefing 10-28-03)
13.C) Approval of casting Denton County's 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors in favor of DCAD Board nominee Steve Mossman, and any appropriate action. County Judge (Briefing 10-28-03)
LEGAL
14.B) Approval of Interlocal Cooperation Agreement between Denton County, Texas and Wise County, Texas, for regulation, approval, inspection, and issuing of applicable permits and approvals for the Shale Creek Subdivision, and any appropriate action. (Briefing 10-28-03)
14.C) Approval of the Mylar title sheet between Denton County, Texas, and the Texas Department of Transportation for the project to install railroad warning devices at the crossing of Hopkins Road and the Burlington Northern Santa Fe Railroad, and any appropriate action. (Briefing 10-28-03)
Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-2 (Jacobs & White abstained)
Court Order 03-0738
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.B) Approval of resolution recognizing The Colony Veterans Memorial, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-07393.C) Approval of John Cook, the Regional Director of the Veterans County Service Officers Association of Texas, making a presentation to Hank Scheible for "Outstanding Service Officer of the Year", and any appropriate action. County Judge
ITEM 5 AUDITOR
5.A) Approval of Bill Report.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund presented for recording purposes only.)DELETION -
GENERAL -
$ 380.00 to Byron Brown, incorrect vendor.ADDITIONS -
GENERAL -
JP # 3 $ 1,500.00 to U.S. Postmaster for postage;
HR $ 319.70 to Hyatt Regency Dallas, lodging for S. Stastny;
JP # 1 $ 120.00 to Kenny Kirkland, S. Padre Travel Advance;
S.O. $ 90.00 to Elissa Bailey, Amarillo Travel Advance;
R & B $ 110.00 to Texas Floodplain Mgmt. Assoc., Registration Fee for K. Zwinggi;
TNCP $ 90.00 to Mike Martin, Austin Travel Advance;
$ 90.00 to William Rogers, Austin Travel Advance;
PH $ 15,626.00 to Wells Fargo Bank, liability Insurance for Dr. Rampoldi;
98 ROAD $ 13,000.00 to US Army Corps of Engineers.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0740
ITEM 7 BUDGET
7.B) Approval of Budget Amendment Request #100080 for Pager Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable, Precinct #2 in the amount of $65, and any appropriate action. (Briefing 10-28-03
7.C) Approval of Budget Amendment Request #100090 for Pager Expense including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for License & Weight in the amount of $50, and any appropriate action. (Briefing 10-28-03
REMOVED FROM AGENDA - REQUEST OF DEPARTMENT
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 (Formal 10-28-03)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-074110.B) Approve changes to job titles of the administrative staff positions in Road & Bridge and County Planning Department, and any appropriate action. Human Resources (Formal 10-28-03)
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-074210.C) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
10.C-1) Move to approve for the Purchasing list of the FY 2004 Authorization Forms for Road & Bridge Fund that the Engineering Department & the Planning Department authorize certain individuals within each of their own departments to be responsible for transactions
with the Departments of Purchasing, Budget and the Treasurer by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-074310.C-2) Move to approve the removal of the Chief Administrators - Lockadee Newland for Commissioner Pct. 1, Patty Larson for Commissioner Pct 2, and Donna Coulter for Commissioner Pct.3 - from the Purchasing list of the FY 2004 Authorization Forms for Road
and Bridge Fund with the right to revisit this issue by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-074410.D) Approval of clarification of Director of Public Works/Planning and Director of Public Works/Engineering in relationship with Road and Bridge, and any appropriate action. Commissioner, Precinct #2
Move to approve that the Director of Engineering and the Director of Planning (1) have no authority to give directives to the road and bridge crews to do any purchasing, budget, or any activity associated with personnel; (2) should only be located in the road and bridge facilities
if they are doing business relative to their positions; and, (3) should work directly through the administrative foreman to accomplish their particular task by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-074510.E) Approve any road and bridge differences between Ex-Officio Road Commissioners that need to be addressed by the Commissioners Court, and any appropriate action. Commissioner, Precinct #2
10.E-1) Move to approve that the Aubrey/Krum crew return to the same four 10-hour work days as the Argyle crew - Tuesday through Friday - beginning November 17th - as requested by the crew and administrative foreman by Comm. Jacobs, seconded by Comm. Carter.
Motion Failed 1-2-2 (Carter & Mitchell abstained)
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.D) Approval of the Software License and Professional Services Agreement between Denton County, Texas and NOW Solutions, LLC, and any appropriate action.
14.E) Approval of the Standard Form of Agreement for Services between Denton County, Texas and Henry Brothers Electronics, and any appropriate action.
Move to approve Items 14.D & 14.E subject to receipt of performance bonds by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0747
ITEM 16 ADDENDA
16.A) Approval of a disaster declaration for the prevention of and threat of wildland fires due to drought conditions in Denton County and any possible action. Fire Marshall
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-074816.B) Approval of specifications and authority to advertise for Denton County Historic Courthouse Renovation, Interior Corridor Restoration, Bid #10-03-1588, and any possible action.
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0749
ITEM 17 RECESS 11:00 a.m.
ITEM 18 RECONVENE 11:03 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 11:04 a.m.
Court Reconvened in Formal Session 11:27 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.
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.D
ITEM 16 ADDENDA
16.C) EXECUTION SESSION: Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); Bert Hughes Gibbs v. Donald Ray Windle, and Weldon Lucas et al, in the
United States District Court, Northern District of Texas, Case No. 3-03-CV 24691.Move to assign this litigation to the Criminal District Attorney's Office, Civil Division, the Sheriff's Counsel, Mr. Hugh Coleman, by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0 (White absent)
Court Order 03-0750
ITEM 19 ADJOURNMENT 11:30 a.m.
This set of minutes for November 4, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.