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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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November 18, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 18h day of November, 2003, at 9:13 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 Jack Dyer, Director of Engineering, Public Works, followed by the Pledges to the American and Texas Flag led by LeDena Ferrell, Chief Administrator to Commissioner Jim Carter, Precinct Four.
Mr. Dyer: Dear Heavenly Father, we ask that You bless our nation. We ask that You put Your divine, awe-inspiring holy spirit down upon our country and upon our State and upon this County. Father, we ask that You reach into the hearts and to the lives of each person in this room, that You make Your presentation known here today and that Your will be done in this room. Father, I ask for Your blessing upon each of the five Commissioners - or four Commissioners and County Judge that stand here today and represent this County, that You put Your holy spirit upon them and that You guide them and that each decision that is made, and each idea and each thought are taken captive to You spirit and it be given credence to You and that it be in Your will. Father, we ask all these things in Your name, Amen.
ITEM 1 PUBLIC INPUT
Diane Wagener, Krum, Texas, implored the Court to construct intersection turn lanes on 380 west of Denton to the Wise County line.
John Pollster, President, Innovative Transportation Solutions, Inc., updated the court on TxDot plans for turn lanes on US 380 at four intersections.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of a resolution honoring The Colony, Denton County, Texas for their selection as Sportstown for the State of Texas, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0756
ITEM 4 PUBLIC HEARINGS
4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinances for a Special Use Permit, Abstract #652, Tract 6A, Precinct 1, as requested by Howard Cox and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Planning Department, and any appropriate action.
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0No one spoke either for or against this amendment.
Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0757
ITEM 1 PUBLIC INPUT
Jim Brammer, Denton, Tx, voiced his approval for the paving of South Bonnie Brae Road.
ITEM 17 RECESS 9:30 a.m.
ITEM 18 RECONVENE 10:24 a.m.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.B) Approval of a presentation by John Polster of Innovative Transportation Solutions, Inc., regarding a proposed 2004 Road Bond Program, and any appropriate action. County Judge
Move to adopt 2004 Bond Recommendations as presented by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0758
ITEM 5 CONSENT AGENDA
TREASURER
5.C) Approval of Payroll.
BUDGET
7.A) Approval of Budget Amendment Request #100160 for Computer Hardware Maintenance for Financial Information Systems in the amount of $4,336, 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.) Ruth Villarreal, Deputy Clerk - Motor Vehicles/Tax Assessor; Billy Steven Zehar, Driver - Equipment Operator/Road & Bridge, Precincts Three & Four; Camille Franklin, Asst. Departmental Supervisor/County Clerk; Cassy Miller, Asst. Departmental Supervisor/County Clerk; Rickey Smith, Bailiff/Sheriff; Sherry Kay Pike, Communications Officer/Communications; Eddie Margaret Patton, Assistant Records Manager/Records Management; Alan Gunn, Intern/County Planning; Chau Nguyen, Intern/County Planning; Sherry Hess, Misdemeanor Prosecutor II/Criminal District Attorney; Kimberly Thornburg, Administrative Specialist I/Family Violence Expansion Grant; Patti Ford, Office Support Specialist II/Criminal DA - Civil Division.
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 28, 2003, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0759
ITEM 10 PUBLIC WORKS
10.C) Approve the Final Plat of Savannah - Phase 2, Precinct #1, and any appropriate action. Public works/Planning (Formal 11-07-03)
10.D) Approve the Final Plat of Savannah - Phase 3, Precinct #1, and any appropriate action. Public Works/Planning (Formal 11-07-03)
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0760
ITEM 6 PURCHASING
6.A) Approval of award of bid for Medical Laboratory Services - Human Resources, RFP #09-03-1582, to Pinnacle Diagnostics and Laboratories for Section A, Drug Testing and Section B, Physical
Examinations, and any appropriate action.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0761
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.)DELETIONS FROM GENERAL -
$ 48,600.00 to U.S. Postmaster, per department;
$ 525.00 to Scott Holman, Attorney, (four payments), not authorized for payment;
$ 416.64 to Flexben Corp., pay from Health & Dental Benefit Plan;
$ 300.00 to Bonnie Norris, waiting for PO;
$ 100.00 to Constable David Harris, per department.ADDITIONS TO GENERAL -
$ 200.00 to JP#1, Change Fund increase;
Comm. 3 $ 186.50 to Menger Hotel, lodging for Bobbie Mitchell;
S.O. $ 414.20 to The San Luis Resort, lodging for Susan Elrod.ADDITION TO -
TNCP $ 171.17 TO Verizon for services.Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-07625.B) Approve the Denton County Quarterly Investment Report for the Period Ending 9/30/2003, and any appropriate action. (Briefing 11-04-03, Formal 11-07-03)
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0763
ITEM 10 PUBLIC WORKS
10.E) Approve the Final Plat of Shale Creek Addition, Precinct #4, and any appropriate action. Public Works/Planning
Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-076410.A) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
NO ACTION10.B) 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
NO ACTION10.F) Approval of work hours for the Road and Bridge Department, and any appropriate action. Commissioner, Precinct #4
Move to approve five, 40-hour workdays for everyone in the Road & Bridge Department, from 7 a.m. to 3:30 p.m., beginning December 1, 2003, by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-076510.G) Approval of Road Superintendent Report from October 1, 2002, through October 3, 2003, and any appropriate action. Public Works/Planning
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0766
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION13.B) Approve continuation of the Disaster Declaration for Denton County for threat of wildland fires due to draught conditions, and any appropriate action. Fire Marshal
NO ACTION13.C) Approve acceptance of Laura Galloway's resignation and Dr. Jennifer Martin's re-appointment to the Denton County Child Protective Services Board, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-076713.D) Approval regarding the building usage request from Denton County Alumnae Chapter-Delta Sigma Theta Sorority, Inc. for the purpose of training and staff development for a professional women's
volunteer organization Saturday, November 22, 2003 from 8:00 a.m. to 2:30 p.m. a the Sandy Jacobs Government Center, Community Room, and any appropriate action. Aide-to-the-CourtMove to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-076813.E) Approval of the appointment of Commissioner Cynthia White to North Central Texas Council of Governments Solid Waste Subcommittee, and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-076913.F) Approve the acceptance of completion of the continuing education provisions of Texas Local Government Code Article 81.0025 by Commissioner Cynthia White, Precinct #1 for 2003, and any appropriate action. Commissioner, Precinct #1
Move to approve by Judge Horn , seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0770
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.B) Approval of the Boundary Agreement between Frisco Independent School District and the Little Elm Independent School District, and any appropriate action. (Briefing 11-04-03; Formal 11-07-03)
NO ACTION14.C) Approval of appointing a representative of the Civil Division of the Denton County Criminal District Attorney's to replace Robert Schell, on the following Committees: 1) Drilling/Land Development
Committee, 2) Evaluation Committee for Consulting Services for ROW Acquisition for FM 1171 and 3) Loss Control Committee, and any appropriate action. (Briefing 11-04-03; 11-07-03)
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 12:00 Noon
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: Texas Government Code, Section 551.087; Deliberation regarding Economic Development Negotiations for Project cover, Project Cornerstone, and Project Fearn.
NO ACTION ON ANY EXECUTIVE SESSION ITEM
ITEM 19 ADJOURNMENT 12:26 p.m.
This set of minutes for November 18, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County