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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 6th day of January, 2004, at 9:06 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners 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 James Wells, Denton County Auditor, followed by the Pledges to the American and Texas Flag led by Dick Tedrow, Denton, Texas.
Mr. Wells: Our Dear Heavenly Father, we give thanks to You today for the love You've shown us. We thank that You loved us before we were made and that You've loved us since the beginning of time. We thank You especially for the love You've shown us by giving us your Son, Jesus Christ. Help us in this new year to be aware of all of the blessings You give us. Help us to try to use the blessings You've given us to the best of our ability to glorify You. Remember especially those people today that are suffering or grieving. Be with them and comfort them with Your love. We ask these things in Christ's name. Amen.
ITEM 1 PUBLIC INPUT
Nancy Brown, CEA-FCS & Office Administrator for the Texas Cooperative Extension, introduced Ag Extension Agent Eddie Baggs, a replacement for Rebecca Parker.
Sandy Thurman, Lewisville, Texas, thanked the court for their support of Pedi-Place and thanked Dr. Burton and our legislators for their assistance in applying for a Federally Qualified Health Care Community for Denton County.
ITEM 4 PUBLIC HEARINGS
4.A) Approval/Denial of an amendment to the Lake Ray Roberts Land Use Ordinance fro a zoning change from Agriculture (AG) to Residential Medium Density (R-2) for Abstract 1100, Tract 1, Abstract 792, Tract 33, and Abstract 29, Tract 1 and recommended to be DENIED by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Public Works/Planning
Move to Open Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0The following citizens spoke to court: Dick Tedrow, Gary K. Pirkle, Jacob Pena, Marcus
Smith, Mary Raleigh, Roxanne Robison, Glenna Krueger and Lucy Belcher.
Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve the amendment and not accept the recommendation of denial by the Lake Ray Roberts Planning & Zoning Commission by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-00034.B) Approval/Denial of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2) for Abstract 792, Tract 34, Abstract 29, Tract 6 and recommended to be APPROVED by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Public Works/Planning
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-00044.C) Approval/Denial of an amendment to the Lake Ray Roberts Land Use Ordinance for a variance request from lot width for Abstract 1100, Tract 1, Abstract 792, Tract 33 and Abstract 29, Tract 1, and any appropriate action. Public Works/Planning
Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-00054.D) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Planned Development (PD) for Abstract 792, Tract 50, and Abstract 790, Tract 2 & 9 and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Public Works/Planning
Move to Open Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0006
ITEM 2 CONSENT AGENDA
(Item 8.A pulled for further consideration and/or separate vote.)
PURCHASING
6.A) Approval of the purchase of Telephone System-Sheriff’s Office, RFP #04-03-1554, from NEC Business Network Solutions, Inc., as the State of Texas CISV Best Value, and any appropriate action. (Briefing 12-30-03)
6.B) Approval of renewal of contract for Medical Supplies, Bid #10-01-1454, to Allegiance Healthcare, and any appropriate action. (Briefing 12-30-03)
BUDGET
7.A) Approval of Budget Amendment Request # 100350 for Heavy Trucks for Road & Bridge Precinct #3 and Precinct #4 in the amount of $1,000, and any appropriate action. (Briefing 12-30-03)
7.C) Approval of Budget Amendment Request #100370 for Repairs and Maintenance for Charlie Cole Building in the amount of $1,869, and any appropriate action. (Briefing 12-30-03)
HEALTH
9.A) Approval of Texas Department of Health contract for continuation of immunization services and any appropriate action. (Briefing 12-30-03)
SHERIFF
12.A) Approve Interlocal Agreement for School Resource Deputy between the Denton County Sheriff’s Office and the Northwest Independent School District, and any appropriate action. (Briefing 12-30-03)
LEGAL
14.I) Approval of the Service Agreement between Denton County and Ann’s Haven VNA (Visiting Nurse Association), and any appropriate action. (Briefing 12-30-03)
14.J) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and (1) the Argyle Volunteer Fire District; (2) the City of the Colony; (3) the Justin Volunteer Fire Department; (4) the Lake Cities Volunteer Fire Department; and (5) the Ponder Volunteer Fire Department, and any appropriate action. (Briefing 12-30-03)
14.K) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and (1) the Argyle Volunteer Fire District; (2) the Aubrey Area Ambulance, Inc.; (3) the Justin Community Volunteer Fire Department; (4) the City of Highland Village; (5) the Lake Cities Volunteer Fire Department; and (6) the City of The Colony, and any appropriate action. (Briefing 12-30-03)
Move to approve Consent Agenda with the exception of Item 8.A by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0007
ITEM 8 HUMAN RESOURCES
8.A) Approval of Order Making Appointments. (Appointments posted and advertised. Interviews 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.) Jerry Yates, Deputy Sheriff/Sheriff; Rachel Ramirez, Detention Officer I/County Jail; Michael Truitt, Personnel – Committee Relations Officer/Sheriff; Phillip Ray Ryan, Captain CID – Homeland Security/Sheriff.
8.A-1) Move to approve all Order Making Appointments by Comm. Carter, seconded by Comm. Mitchell.
Motions removed by Comm. Carter & Mitchell.
8.A-2) Move to approve Order Making Appointments 8.A-1, 2, 3 by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-00088.A-3) Move to approve Order Making Appointment 8.A-4 at a Step Nine with the difference in salary between Step Nine and Step Seven be made from Dr. Burton’s supplemental grant funding by Comm. Carter.
Motion Failed for lack of a second.
8.A-4) Move to approve Order Making Appointment at a Step 7 by Comm. Mitchell. Motion Failed for lack of a second.
ITEM TABLED UNTIL THE END OF THIS SESSION
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.)DELETION from Public Health, $210.00 to Anna Reed, incorrect vendor.
Move to approve amended Bill Report by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 04-0009
ITEM 7 BUDGET
7.B) Approval of Budget Amendment Request #100360 to Transfer to 2002 Tax Note Fund including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Transfer of Funds in the amount of $35,718, and any appropriate action. (Briefing 12-30-03)
Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-0010
ITEM 10 PUBLIC WORKS
10.A) Approval 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.B) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, 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.B) Approval of re-appointment of James Polser to Place 7 of the Board of Directors of Lewisville Tax Increment Reinvestment Zone, and any appropriate action. Economic Development
Move to approve by Comm. Mitchell, seconded by Comm. Carter. Motion Carried 4-0-0
Court Order 04-001113.C) Discussion and possible action on a disaster declaration for the prevention of wildland fires due to drought conditions in Denton County. Fire Marshal
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-001213.D) Approval of the re-appointment of Scott Tuxhorn to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Comm. Carter. Motion Carried 4-0-0
Court Order 04-001313.E) Approval of the appointment of Gregory Leveling to the Denton County MHMR Board of Trustees, and any appropriate action. Commissioner, Precinct #3
Move to approve by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 04-001413.F) Approval of the appointment of Charles “Coby” Waddill to the Denton County MHMR Board of Trustees, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0015
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.B) Approval of Contract Agreement between Denton County, Texas and Joe R. Jones Construction, Inc., and any appropriate action. (Briefing 12-19 & 30-03)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 04-001614.C) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Juvenile Child Abuse Prosecution Grant (J-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 12-30-03)
14.H) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Civil Child Abuse Prosecution Expansion Grant (C-CAPE) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 12-30-03)
ACTION POSTPONED
14.D) Approval of A) submission of an Application and B) Resolution for Criminal District Attorney’s Prosecution Enhancement Grant (VAWA-FVP-Enhancement) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women’s Act, and any appropriate action. (Briefing 12-30-03)
14.E) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s 421-Civil Child Abuse Prosecution Grant (C-CAP) to the Criminal Justice Division of the Governor’s Office for funding from the State Criminal Justice Planning Fund (421), and any appropriate action. (Briefing 12-30-03)
14.F) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s Family Violence Expansion Grant (VAWA-FVEG) to the Criminal Justice Division of the Governor’s Office for funding from the Violence Against Women Act, and any appropriate action. (Briefing 12-30-03)
14.G) Approval of A) submission of an Application and B) Resolution for the Criminal District Attorney’s VAWA-Civil Domestic Violence Prosecution Grant (C-DVP) to the Criminal Justice Division of the Governor’s Office for continuation funding from the Violence Against Women Act, and any appropriate action. (Briefing 12-30-03)
Move to approve Items 14.D thru G by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0017
ITEM 16 ADDENDA
16.A) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for implementation of Texas Local Government Code, Section 242.001, relative to the Town’s ETJ, and any appropriate action. DA/Civil Division
Move to rescind an approval (See Court Order 03-0842, Item 14.E, dated 12-30-03) until the City of Denton can produce an ordinance showing when Division One will be annexed by the City by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 04-0018
ITEM 17 RECESS 10:50 a.m.
ITEM 18 RECONVENE 11:03 a.m.
ITEM 8 HUMAN RESOURCES (CONT.)
8.A-4) Move to approve an Order Making Appointment for Phillip Ray Ryan at Step Nine with the additional funding between Step Seven and Step Nine coming from the Bioterrorism Grant in the Health Department by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-1 (White nay)
Court Order 04-0019
ITEM 17 RECESS – BRIEFING
ITEM 18 RECONVENE
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 11:06 a.m.
Court Reconvened in Formal Session 11:18 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.
15.E) 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 ON ITEMS 15.A THRU E
ITEM 19 ADJOURNMENT 11:19 a.m.
This set of minutes for January 6, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by Denton County Clerk Cynthia Mitchell.