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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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February 17, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 17th day of February, 2004, 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, Bobbie J. Mitchell, Jim Carter and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.
Court opened with an Invocation by Tom Keever, Chief of the Civil Division of the Criminal District Attorney’s Office, followed by the Pledges to the American and Texas Flag led by Tye DeBerry, Director of Economic Development.
Mr. Keever: Our Heavenly Father, we thank You for the opportunity to gather together today and the freedom to discuss issues and questions that are before the Commissioners Court. We thank You for the many blessings You have given us. We ask You for wisdom for the Commissioners Court and those of us who represent them. We ask that You remember to protect our troops and to watch over our leaders in the nation. We ask these things in Jesus’ name, Amen.
ITEM 1 PUBLIC INPUT
Tom Keever, Chief of the Civil Division of the Criminal District Attorney’s Office, showed a settlement check to the court received from the claim against Phillip Swagers.
ITEM 2 CONSENT AGENDA
(Item 7.A pulled for further consideration and/or separate vote.)
BUDGET
7.B) Approval of Budget Amendment Request #100510 for Contract Labor for Justice of the Peace, Precinct #3 in the amount of $3,211, and any appropriate action. (Briefing 02-10-04)
7.C) Approval of Budget Amendment Request #100520 for Computer Software for County-Wide Technology in the amount of $390, and any appropriate action. (Briefing 02-10-04)
7.D) Approval of Budget Amendment Request #100530 for Heavy Trucks for Road & Bridge, Precinct #1 and Precinct #2 in the amount of $1,000, and any appropriate action. (Briefing 02-10-04)
7.E) Approval of Budget Amendment Request #100540 for Computer Software including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Human Resources in the amount of $4,000, and any appropriate action. (Briefing 02-10-04)
7.F) Approval of Budget Amendment Request #100560 to increase revenues and allocate expenditures for Victim Notification Services for Criminal District Attorney in the amount of $50,350, and any appropriate action. (Briefing 02-10-04)
7.G) Approval of Budget Amendment Request #100580 to increase revenues, allocate expenditures and accept the anonymous donation of funds for Pharmacy for Public Health-Clinical in the amount of $5,000, and any appropriate action. (Briefing 02-10-04)
7.H) Approval of Budget Amendment Request #100600 for Computer Software for County-Wide Technology in the amount of $1,170, and any appropriate action. (Briefing 02-10-04)
7.I) Approval of Budget Amendment Request #100570 for Substitute Court Reporter including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for County Court at Law #2/Civil in the amount of $11,044, and any appropriate action. (Briefing 02-10-04)
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.) Cynthia Yarbrough, Internal Auditor/County Auditor; Linda Holden, Deputy Clerk – Recording/County Clerk; Karen Otts, Deputy Clerk – Courts/County Clerk; Salina Harris, Juvenile Probation Officer/Juvenile Post Adjudication; Bruce Thompson, Juvenile Corrections Officer/Juvenile Post Adjudication; Jerry Farguson, Juvenile Detention Officer /Juvenile Detention; Fred Schramm, Juvenile Detention Officer/Juvenile Detention.
PUBLIC WORKS
10.E) Approve the Conveyance Plat of Old Alton Industrial Park, Precinct #1, and any appropriate action.
COUNTY CLERK
11.A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for February 3, 2004, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of Building Usage Request by the Denton County Republican Party to use the Commissioners Courtroom on Saturday, March 6, 2004, from 8:30 am to 12:00 pm, for the purpose of the Republican Party Election School, and any appropriate action. Aide-to-the-Court (Briefing 02-10-04)
13.C) Approve Courthouse-on-the-Square Restoration Project Potential Change Order #13 Replacement of sidewall capstone addition of $10,115.00, and any appropriate action. Facilities (Briefing 02-10-04)
LEGAL
14.B) Approval: (1) Exemption from bidding for professional consulting services contract between Providence Service Corporation of Texas and Denton County Juvenile Board and Denton County according to the provisions of Section 262.024 (a) (4) V.T.C.A. Local Government Code; and (2) Professional Counseling Service Agreement between Denton County Juvenile Board, Denton County and Providence Services Corporation of Texas using grant monies from North Central Texas Council of Governments, and any appropriate action. (Briefing 02-10-04)
14.C) Approval: (1) Exemption from bidding for professional consulting services contract between Providence Service Corporation of Texas and Denton County Juvenile Board and Denton County according to the provisions of Section 262.024 (a) (4) V.T.C.A. Local Government Code; and (2) Professional Counseling Service Agreement between Denton County Juvenile Board, Denton County and Providence Services Corporation of Texas using grant monies from the Texas Juvenile Probation Commission, and any appropriate action. (Briefing 02-10-04)
14.D) Approval of the Agreement for Dust-to-Dawn Lighting Installation & Service between Denton Municipal Electric and Denton County, Texas for the Road and Bridge Argyle Facility, and any appropriate action. (Briefing 02-10-04)
Move to approve Consent Agenda with the exception of Item 7.A by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 04-0091
ITEM 7 BUDGET
7.A) Approval of Budget Amendment Request #100500 to increase revenues and allocate expenditures for Operating Equipment and Computers for CHOS Museum in the amount of $5,743, and any appropriate action. (Briefing 02-10-04)
Move to approve donation from the Denton Benefit League by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0092
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.A) Presentation and approval of the purchase and placement of signs (Turn Around, Don’t Drown) to identify low water crossings on County-maintained roads, and any appropriate action. Public Works/Planning Division (Briefing 02-03-04 & Formal 02-10-04)
Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0093
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 GENERAL – $12,736.74 to U.S. Risk Brothers, Inc. – duplicate payment (pd. 2/3/04)
Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0094
ITEM 6 PURCHASING
6.A) Approval of rejection of proposal for RFP #10-03-1587, Guardianship Program, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-00956.B) Approval of specifications for RFP #02-04-1598, Guardianship Program, authority to advertise, and any appropriate action.
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0096
ITEM 10 PUBLIC WORKS
10.D) Approve Tuesday, March 9, 2004 at 9:05 as date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Planned Development (PD2), Abstract #29, Tract 22, and Abstract #792, Tract 51, Precinct #1, as requested by the owners, Sanger Cinco, and recommended by The Lake Ray Roberts Planning and Zoning Commission and the Public Works/Planning Department, and any appropriate action.
Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0097
ITEM 13 OTHER DEPARTMENTS
13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION13.D) Approval of acceptance of the continuing education provisions of Texas Local Government Code, Article 81.0025 have been satisfied by Commissioner Bobbie J. Mitchell for the calendar year 2004, and any appropriate action. Commissioner, Precinct #3
REPOST13.E) Approve the appointment of Trina Finney 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 5-0-0
Court Order 04-009813.F) Approve the appointment of Everette Newland 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 5-0-0
Court Order 04-009913.G) Approval of the re-appointment of Mr. Rick Salazar to the Denton County Transportation Authority Board of Directors, to fill the remainder of a two-year ending November 12, 2005, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0100
ITEM 14 LEGAL
14.E) Approval of Permanent Right-of-Way Easement between Jimmy and Ann Anglin and Denton County, Texas, and the Partial Release from William H. Pierce, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-010114.F) Approval of Permanent Drainage Easement Agreement between David P. Johnson and Denton County, Texas, for the Chinn Chapel Road Project, and any appropriate action.
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0102
ITEM 16 ADDENDA
16.A) Approve the revised work order for the Human Resources Management System Project, and any appropriate action. Human Resources
Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0103
ITEM 17 RECESS 9:32 a.m.
ITEM 18 RECONVENE 9:45 a.m.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.B) Presentation of Report of Performance, Production and Goals for the Denton County Planning Department. Public Works/Planning (Briefing 02-10-04)
ITEM 17 RECESS 10:23 a.m.
ITEM 18 RECONVENE 10:40 a.m.
ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS
3.C) Presentation requested by Commissioners Court in regards to the Public Works Engineering responsibilities and current Projects. Public Works/Engineering (Briefing 02-10-04)
ITEM 10 PUBLIC WORKS
10.A) 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.B) Approve internal procedures for the workings between the Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2
NO ACTION10.C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2
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 11:45 a.m.
Court Reconvened in Formal Session 12:00 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 43rd District Court.
15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Texas Properties Partnership v. Town of Northlake, Denton County Texas, and the Texas Department of Transportation; Cause No. ED-2002-00729, pending in the Probate Court of Denton County, Texas.
NO ACTION
ITEM 10 PUBLIC WORKS
10.C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2
ITEM 13 OTHER DEPARTMENTS
13.H) Approval of a Blue Ribbon Task Force to review opportunities and make recommendations for improved efficiencies in all departments of Denton County government, and any appropriate action. Commissioner, Precinct #4
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Comm. Mitchell removed her second.
ITEM 19 ADJOURNMENT 12:40 p.m.
This set of minutes for February 17, 2004 prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.