 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
November 25, 2003
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 25th day of November, 2003, at 9:07 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs (arrived at 9:27 a.m.), 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 John Polster, President of I.T.S., Inc., followed by the Pledges to the American and Texas Flag led by Meredith Gosnell, a student and member of the Argyle 4-H Club.
Mr. Polster: Father God, we do lift up our hearts this morning and give You
thanks for this day and this
opportunity to serve You. We pray, Lord, that we would seek to do Your will. And
that the meditations of our hearts and our words would be uplifting to You. We
pray these things in Your Son's name. Amen.
ITEM 1 PUBLIC INPUT
Michael Schertz, Denton County 4-H Agent, introduced Meredith Gosnell to the court for her presentation regarding a joint project between Habitat for Humanity of Denton and the Denton County 4-H Club.
ITEM 2 CONSENT AGENDA
(Item 10.D was pulled from Consent for further discussion and/or separate vote,) 7.A) Approval of Budget Amendment Request #100130 for Cars/Small Trucks for Sheriff's Department in the amount of #21,393, and any appropriate action. (Briefing 11-18-03)
7.B) Approval of Budget Amendment Request #100140 to increase revenues and allocate expenditures for Computers and Operating Equipment including the transfer of $1,798 from DA Chapter 59 Forfeiture Fund for Criminal District Attorney in the amount of $17,986, and any appropriate action. (Briefing 11-18-03)
7.C) Approval of Budget Amendment Request #100150 for Computers for Criminal District Attorney in the amount of $2,300, and any appropriate action. (Briefing 11-18-03)
7.D) Approval of Budget Amendment Request #100170 for Contract Labor for County-Wide Technology in the amount of $10,000, and any appropriate action. (Briefing 11-18-03)
7.E) Approval of Budget Amendment Request #100180 to increase revenues and allocate expenditures for Denton County Fresh Water Interlocal Contract in the amount of $2,785, and any appropriate action. (Briefing 11-18-03)
7.F) Approval of Budget Amendment Request #10090 for Operating Supplies including the transfer of funds from Criminal District Attorney Chapter 59 Unappropriated Contingency for Criminal District Attorney in the amount of $3,239, and any appropriate action. (Briefing 11-18-03)
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.) Yolanda Temple, Deputy Constable/Constable Pct. 6; Betsy Haggard, Administrative Manager/Bioterrorism Grant; Mary Revland, Senior Court Clerk/J.P. 1; Julie Lewis, Senior Administrator/County Clerk; Kimberly Rodriguez, Senior Administrator/County Clerk; Gregory Yankey, Senior Administrator/County Clerk; D.F. Kathe, Deputy - Mental Health/Sheriff's Mental Health Unit; Jennifer Denton, Data Processing Coordinator/Public Works Administration/Engineering; Mike Boman, Driver - Equipment Operator/R & B, Pct. 1 & 2; Jocelyne Mauricio, Intern/J.P. Pct. 2; Kristen Morris, Juvenile Detention Officer/Juvenile Detention; Joshua Jordan, Juvenile Detention Officer/Juvenile Detention.
HEALTH
9.A) Approval of contract with TDH for continued HIV prevention services, and any appropriate action. (Briefing 11-18-03)
COUNTY CLERK
11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 4, 2003, and any appropriate action.
11.B) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 7, 2003, and any appropriate action.
LEGAL
14.C) Approval of a) the Project and b) the Interlocal Cooperation Agreement between Denton County, Texas and the Town of Shady Shores for the reconstruction of Shady Shores Road, and any appropriate action. (Briefing 11-18-03)
14.D) Approval of the Agreement to Provide Medical Services between The University of Texas Medical Branch at Galveston and the County of Denton, and any appropriate action. (Briefing 11-18-03)
14.E) Approval of the Service Agreement between Denton County and the Adult Day Care of North Texas, and any appropriate action. (Briefing 11-18-03)
14.F) Approval of the Service Agreement between Denton County and Services Program for Aging Needs (S.P.A.N.) , and any appropriate action. (Briefing 11-18-03)
14.G) Approval of the Service Agreement between Denton County and Services Program for Aging Needs (S.P.A.N.) - Veterans Transportation , and any appropriate action. (Briefing 11-18-03)
14.H) Approval of the Service Agreement between Denton County and CASA of Denton County, Inc., and any appropriate action. (Briefing 11-18-03)
14.I) Approval of the Service Agreement between Denton County and Friends of the Family, and any appropriate action. (Briefing 11-18-03)
14.J) Approval of the Service Agreement between Denton County and AIDS Services of North Texas, and any appropriate action. (Briefing 11-18-03)
14.K) Approval of the Service Agreement between Denton County and Denton City County Day School, and any appropriate action. (Briefing 11-18-03)
14.L) Approval of the Cooperative Agreement between The Office of the Attorney General of the State of Texas and Denton County, Texas, and any appropriate action. (Briefing 11-18-03)
Move to approve Consent Agenda with the exception of Item 10.D by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0771
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 -
($ 386.97) to Sprint, Vendor sent refund check for credit;
$ 101.00 to Family Radiology, duplicate payments;
$ 25.00 to Waste News, needs purchase order;
$ 0.00 to Office Depot, incorrect amount.ADDITIONS TO GENERAL -
211th - $10,900.00 to Jason Jacoby, CAA/JUV - JD, HD/211;
Jail - $ 120.00 to Bruce Elsey and $ 120.00 to Richard Garcia for Huntsville Travel Advance;
Non-Dept - $ 204.00 to Wal-Mart, Holiday Lunch - Juvenile Probation;
Operations- $ 125.00 to Texas Dept. of Licensing & Reg., HVAC License for Bill Newman;
SO Forfeit- $ 1,000.00 to Mike Ramon for Covert Funds.Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0772
ITEM 6 PURCHASING
6.A) Approval of award for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #09-03-1583, to PharmChem, Inc., and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0773
ITEM 7 BUDGET
7.G) Approval of creation of a Family Outreach Case Manager Position as a County employee, approve ranking of the position and approve budget amendment request #100210 to reallocate existing
funds from "contract salary reimbursement" to new line items for salary, benefits, supplies and capital equipment for Public Health-Clinical in the amount of $52,170, and any appropriate action. (Briefing 11-
18-03)Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0774
ITEM 10 PUBLIC WORKS
10.C) Approval to proceed with the upgrading of Bonnie Brae Road (Precinct 4) from the US HWY 377 North to the end of County maintenance/Denton City limit line (approximately 6,640 linear feet, from gravel to asphalt in accordance with Section 2.2B and 2.3 of the Denton County Road Policy, and any appropriate action. (Briefing 11-18-03; Formal 11-18-03)
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0775
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court 13.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) Approval of reappointment of Bruce Larson to the Transportation Committee, and any appropriate action. Commissioner, Precinct #2
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-077613.D) Approval of the reappointment of Judi Swayne to the MHMR Board of Trustees, effective December 31, 2003, and any appropriate action. Commissioner, Precinct #2
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-077713.E) Approval of the re-appointment of Commissioner Jim Carter to the Urban Counties Policy Committee, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 2-0-1 (Carter abstained)
Court Order 03-077813.F) Approve the appointment of Peter Malin 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 03-077913.G) Approve the appointment of George Belcheff to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 03-0780
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION14.B) 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; Formal 11-18-03)
REPOST
ITEM 16 ADDENDA
16.A) Approval of re-appointing Mr. Hank Scheible to the Regional Aging Advisory Committee (RAAC), and any appropriate action. County Judge
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-078116.B) Approval of the Juvenile Accountability Block Grant received through the Governor's Office in order to participate in the development of a Risk Assessment Instrument to address Disproportionate Minority Contracts of Juveniles in Denton County-Juvenile Probation.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0782(Comm. Jacobs arrives.)
16.C) Approval of the Grant Acceptance Notice for a) the Civil Abuse Prosecution Grant and b) the Child Abuse Prosecution Expansion Grant.
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-078316.D) Approval of the Professional Services Agreement for Engineering Services and Right-of-Way Surveying Services between Denton County, Texas and Alliance Area Surveying.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell Nay)
Court Order 03-0784
ITEM 17 RECESS 9:30 a.m.
ITEM 18 RECONVENE 10:05 a.m.
ITEM 10 PUBLIC WORKS
10.A) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
10.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 ACTION - REPOST
ITEM 16 ADDENDA
16.D) Approval of the Professional Services Agreement for Engineering Services and Right-of-Way Surveying Services between Denton County, Texas and Alliance Area Surveying.
16.D-2) Move to re-approve this agreement with a correction, as recommended by Tom Keever, Chief of the Civil Division, Criminal District Attorney's Office, by Judge Horn, seconded by
Comm. Jacobs.
Motion & Second rescinded.16.D-3) Move to rescind the previous action - approval of this agreement - and request a list from the engineer of every imminent project and further input from the Director of Purchasing and
from the Chief of the Civil Division by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-078516.D-4) Move to approve $20,000 to Alliance Surveying for the Bonnie Brae Road Project and repost this item (approving the contract) with the previous directive to the Directors of Engineering,
Purchasing and Civil Division by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0786
ITEM 17 RECESS 10:30 a.m.
ITEM 18 RECONVENE 11:05 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
Court Reconvened in Formal Session 11:50 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 A - D15.E) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss potential claim by Denton County against Jeremy Westdyke and Eddy Dean Westdyke on behalf of the Sheriff's Office.
15.F) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Kenneth Earl Neal v. Lucas, et al.; In the United States District Court for the Eastern District of Texas Sherman Division; Case no. 02-CV-165.
15.G) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss claim of Christopher Barrow against the Denton County Jail.
Move to assign E, F, & G to the Criminal District Attorney, Civil Division, as recommended by Hugh Coleman, Counsel for the Sheriff, by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0787
ITEM 19 ADJOURNMENT 11:53 a.m.
This set of minutes for November 25, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.