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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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Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 9th day of December, 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, 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 Robert Garsee, Assistant Chaplain to the Sheriff’s Department, followed by the Pledges to the American and Texas Flag led by Deputy Mark Norwood, Denton County Sheriff’s Office.
Mr. Garsee: Shall we pray. Our, Father, we come to You this morning and our hearts are lifted up to You as our almighty God, our creator, and our savior. And we thank You for the time that we can come together because it's a time of freedom that we can rejoice in, that we can discuss your business, and the business of this County. And we pray, Heavenly Father, for wisdom for each of those who make decisions. Would You Lead us and guide us and direct us and correct us. In Jesus' name. Amen.
ITEM 1 PUBLIC INPUT
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Approval of a presentation of the National Sheriff’s Association’s “MEDAL OF MERIT” to Captain Gregory Leveling by Sheriff Weldon Lucas, and any appropriate action. Sheriff
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0799
ITEM 17 RECESS 9:14 a.m.
ITEM 18 RECONVENE 9:52 a.m.
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 #100260 to increase revenues and allocate expenditures for Office Supplies and Laboratory for HIV Education Grant in the amount of $33,000, and any appropriate action. (Briefing 12-02-03)
7.B) Approval of Budget Amendment Request #100280 for Small Tools and Equipment for Road & Bridge Precinct #1 and Precinct #2 in the amount of $2,495, and any appropriate action. (Briefing 12-02-03)
7.C) Approval of Budget Amendment Request #100290 to increase revenues and allocate expenditures for salary assistants/benefits, supplies and capital equipment including the creation of new line items for Grant purposes for Federal Health Care Facility Grant in the amount of $252,410, and any appropriate action. (Briefing 12-02-03)
7.D) Approval of Budget Amendment Request #100300 for Shop Tools & Equipment for Road & Bridge Precinct #3 and Precinct #4 in the amount of $1,785, and any appropriate action. (Briefing 12-02- 03)
7.E) Approval of Budget Amendment Request #100310 for various line items for Road & Bridge Precinct #3 and Precinct #4 in the amount of $2,725, and any appropriate action. (Briefing 12-02-03)
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.) Lori Pyles, Detention Officer I/County Jail; Eric Holden, Detention Officer I/County Jail; Larry Edwards, Driver – Equipment Operator/Road & Bridge, Pcts. 1 & 2; Sharon Bedford, DOI – Records Product Supervisor/Records Management & Preservation; Debra Carr, Deputy Clerk – Courts/County Clerk; Deanna Johnson, Deputy Clerk – Courts/County Clerk; Sia Johnson, Deputy Clerk (PT)/County Clerk; Jessica Herpeche, Health Technician/Bioterrorism Grant; Christopher Scott Wells, Misdemeanor Prosecutor 1/Criminal District Attorney.
8.B) Approve the change of the Assistant WIC Director, slot #011-WC, from a full-time to a part time position, and any appropriate action. (Briefing 12-02-03)
COUNTY CLERK
11.A) Approve the County Clerk minutes for Denton County Commissioners Court Meeting, November 25, 2003 – Formal Session, and any appropriate action.
Move to approve Consent Agenda with the exception of Item 13.B by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0800
ITEM 13 OTHER DEPARTMENTS
13.B) Approval of revised Denton County Tax Abatement Policy, and any appropriate action. Economic Development (Briefing 12-02-03)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0801
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 –
$ 150.00 to J. Stanley Goodwin, Attorney, incorrect amount;ADDITIONS –
Gen.-Non-Dept. $ 32.00 to Johnny Carinos for Holiday Employee Lunch; Public Health $ 740.00 to U.S. Postmaster for postage.5.A-1) Move to approve the exception to the Bill Report – Item 6268, Page 24 - by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 4-1-0 (Mitchell, nay)
Court Order 03-08025.A-2) Move to approve amended Bill Report by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0803
ITEM 13 OTHER DEPARTMENTS
13.D) Approval of Courthouse-on-the-Square Restoration Project Potential Change Order #8 fro Joe R. Jones for Basement HVAC - $379,486.57; Potential Change Order #9 for Joe R. Jones for Door Hardware Modifications - $3,953.92; Potential Change Order #10 for Joe R. Jones for Tower Clock - $13,682.40; and Potential Change Order #11 for Joe R. Jones deduction for Floor Grille Substitution - $562.28, Wall Painting - $759.07 and Balcony Window Opening - $0.00. Potential Change Orders are for an addition of $383,440.49 and $1,321.35 as a deduction, and any appropriate action.
Move to approve with funding of $35,717.87 from Contingency by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0804
ITEM 6 PURCHASING
6.A) Approval of award of bid for Historic Courthouse Renovation, Interior Corridor Restoration, Bid # 10-03-1588, to Joe R. Jones Construction, Inc. for base bid and Alternate #1, for total of $166,500.00, and any appropriate action.
6.B) Approval of award of bid for Historic Courthouse Renovation, Interior Millwork, Bid #10-03- 1585, to Joe R. Jones Construction, Inc. for base bid and Alternate #4A, for total of $235,922.00, and any appropriate action.
Move to approve Item 6.A (with the deletion of Alternate # 1 and an amended amount of $ 151,500.00) & 6.B by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0805
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
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION
13.C) Approve acceptance of Bruce Larson’s resignation from the Transportation Committee and appointment of Perry Schrag to fill unexpired term effective immediately. Commissioner, Precinct #2
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell. Motion Carried 5-0-0
Court Order 03-0806
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.B) Approval of a) submission of an Application and b) Resolution for Highway Safety Funding for the Criminal District Attorney’s DWI Prosecution Expansion Grant to the Texas Department of Transportation, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0807
ITEM 16 ADDENDA
16.B) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc. DA/Civil
REMOVE FROM AGENDA
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 10:30 a.m.
Court Reconvened in Formal Session Noon
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 551.071 (2); Duty of attorney within Texas Disciplinary Rules of Professional Conduct.
NO ACTION
15.F) Consultation with Attorney: Texas Government Code, Section 551.072 and 551.073 – Real Estate and Gifts and Donations 103 Swisher Road and 105 Swisher Road.
Move to assign to Civil Division of the C.D.A.’s office by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0808
ITEM 16 ADDENDA
16.A) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); James R. Henson, et al. v. Denton County, Texas et. al., Cause No. 2003-40114-362. DA/Civil
Move to assign to Civil Division of the C.D.A.’s Office by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-080916.B) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc. DA/Civil
Move to approve of the Civil Division of the C.D.A.’s Office to negotiate an appropriate fee arrangement with the expert witness in this case by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-081016.C) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., n/k/a HUNT CONSTRUCTION GROUP, INC., AND R. C. SMALL & ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas. DA/Civil
16.D) Approval to authorize Innovative Transportation Solutions, ITS, to execute an agreement with Carter & Burgess for Intersection Improvements, cost estimates on FM 423 from Stewart Creek to SH 121, and any appropriate action.
16.E) Executive Session – Personnel matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee. Public Works Engineering Director.
NO ACTION
ITEM 19 ADJOURNMENT 12:05 p.m.
This set of minutes for December 9, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.