 |
Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
|
March 9, 2004
Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 2nd day of March, 2004, at 9:00 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 Pastor Grant Eckhart, Interim Pastor, Faith Lutheran Church in Flower Mound, Texas, followed by the Pledges to the American and Texas Flag led by Mike Hackler, Internal Auditor/Analyst for Office of County Clerk.
Pastor Eckhart: Let us pray for our country, this Court, and for all people according to their needs. Almighty God, You have given us this good land as our heritage. Make us always remember your generosity and constantly do Your will. Bless our land with honest industry, sound learning and an honorable way of life. Save us from violence, discord and confusion, from pride and arrogance and from every evil way. Make us who come from many nations with many different languages a united people. Defend our liberties and give those whom we have entrusted with the authority of government the spirit of wisdom that there might be justice and peace in our land. When times are prosperous, lot our hearts be thankful, and in troubled times, do not let our trust in you fail. We pray for these Courts, Almighty God, You sit in judgment to declare what is just and right. Bless this Court and the magistrates here. Give them the spirit of wisdom and understanding that they may perceive the truth and administer the law impartially as instruments of Your Divine will. Let us pray for social justice and for all people. Grant to us, Oh God, that Your holy and life giving spirit may so move every human heart, that the barriers which divide us may crumble, suspicions disappear and hatreds cease; and that with our divisions healed, we might live in justice and peace, through Your Son, Jesus Christ, Our Lord, Amen.
ITEM 1 PUBLIC INPUT
ITEM 4 PUBLIC HEARING
4.A) 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 29, Tract 22 and Abstract 792, Tract 51, and recommended to be APPROVED 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 5-0-0
No one spoke either for or against this amendment.Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0132
ITEM 2 CONSENT AGENDA
TREASURER
5.B) Approval of Payroll.
PURCHASING
6.A) Approval of renewal of bid for Oversize Rock (Stone Riprap), Bid #02-03-1542, with Tim Beaty Builders, Inc., and any appropriate action. (Briefing 3-02-04)
6.B) Approval of award of bid for Intersection Improvements-US Hwy. 380 at Jackson, Nail and Eagan, Bid #01-04-1593, to Summit Corporation for $285,890, and any appropriate action. (Briefing 3-02-
04)
BUDGET
7.B) Approval of Budget Amendment Request #100660 to reallocate excess funds for Cars/Small Trucks including the transfer of funds from Non-Departmental Unappropriated Contingency-Vehicle Repair Contingency for Sheriff’s Department in the amount of $21,652, and any appropriate action.(Briefing 3-02-04)
7.C) Approval of Budget Amendment Request #100680 for Office Supplies and Computer Supplies for Bioterrorism Grant in the amount of $8,995, and any appropriate action. (Briefing 3-020-04)
7.D) Approval of Budget Amendment Request #100690 to increase revenues and allocate expenditures for Water System Consultant for Non-Departmental in the amount of $165,064, and any appropriate action. (Briefing 3-02-04)
7.E) Approval of Budget Amendment Request #100700 for Operating Supplies for Emergency Management in the amount of $1,550, and any appropriate action.
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.) Jeannine Petty, Financial Support Specialist III/County Auditor; Joshua Krahl, DOII – Medical/Jail Health; Jeremy Oliver, Detention Officer I/County Jail; Christopher Black, Detention Officer I/County Jail; Drew Paschall, Bailiff/Sheriff; Rodney Ridge, Sergeant-Transport/County Jail; Andrew Hartwell, Deputy Sheriff-Transport/County Jail; Debbie Dowling, Communications Officer I/Communications.
8.B) Approve replacing Personnel Policy #2.5-Temporary Employees with revised Personnel Policy #2.5-Contract Labor, and any appropriate action. (Briefing 3-02-04)
PUBLIC WORKS
10.D) Approve the final plat of Robinson Addition, Precinct 1.
COUNTY CLERK
11.A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for February 17, 2004, and any appropriate action.
11.B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for February 24, 2004, and any appropriate action.
OTHER DEPARTMENTS
13.B) Approval of the submission for a Denton County Historical Marker for the Bayless-Selby House Museum Committee, and any appropriate action. (Briefing 3-02-04)
LEGAL
14.C) Approval of JURY + Jury Management System Software Maintenance Agreement between Denton County, Texas and Jury Systems Incorporated, and any appropriate action. (Briefing 3-02-04)
14.D) Approve Interlocal Cooperation Agreement for Domestic Animal Control Services between the City of Denton and Denton County, and any appropriate action. (Briefing3-02-04)
14.E) Approve resolutions authorizing the sale, in accordance with Property Tax Code 34.05, of foreclosed delinquent tax properties held in trust by Denton County for itself and other taxing units, and any appropriate action. (Briefing 3-2-04)
Move to approve Consent Agenda by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 04-0133
ITEM 16 ADDENDA
16.B) Approval of resolution supporting National Agriculture Week in Texas, March 14 thru 20, 2004, and any appropriate action. County Judge
Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0134
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.)DELETION –
Public Health $ 1,742.69 to Allegiance Healthcare, per department;ADDTIONS -
GENERAL –
DA - $ 38.60 to Pueblo County Sheriff’s Office, Service for DA;
Co. Wide Tech. $ 997.00 to PICO Search L.L.C, County Web Site Search Engine;
SO Forfeiture $ 1,550.00 to NEC America, Module II Training on New Phones;
’99 Road Construct $ 500.00 to Ron Neiman, ROW Special Commissioner;
$ 500.00 to R. Scott Alagood, ROW Special Commissioner;
$ 500.00 to Mike Ramos, ROW Special Commissioner.Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0135
ITEM 6 PURCHASING
6.C) Approval of award of bid for Eakin Cemetery Road Bridge Replacement, Bid #03-03-1549, to Ashlar Contracting Co., for $226,198, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0136
ITEM 7 BUDGET
7.A) Approval of Intra-Departmental Operating Transfers, and any appropriate action.
NO ACTION
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 ACTION
10.E) Approval of a decision of the Citizens Board of Appeals to DENY the request by Janice Mays for a variance from Section XI, Subdivision Improvement Acceptance Procedure of the Denton County Subdivision Rules and Regulations for the depth of driveway culverts for lots 1,6,7,9,20,23,27,28,29, and 30 for the proposed Drop M Estates Addition, and any appropriate action.
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion removed.Move to approve NOT to ratify the decision of the Citizen’s Board of Appeals and request the board to review again the variance request by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Carter abstained)
Court Order 04-0137
ITEM 17 RECESS 10:35 a.m.
ITEM 18 RECONVENE 10:45 a.m.
ITEM 14 LEGAL
14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION
14.B) Approval of the Tax Abatement Agreement between Denton County, Texas, and AR Industrial No. 2, Limited, and any appropriate action. (Briefing 3-02-04)
Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-1-0 (Horn nay)
Court Order 04-0138
ITEM 13 OTHER DEPARTMENTS
13.C) Approval of (1) proposed transportation projects, (2) proposed building and property projects, (3) proposed election equipment, and (4) inclusion of the cost of issuance of the bonds, for the proposed Transportation Roads Improvement Program (TRIP) – 04 bond election, and any appropriate action. County Judge (Briefing 3-02-04)
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-013913.D) Approval of an Order Calling a Bond Election to be held within Denton County, making provision for the conduct of the election and resolving other matters incident and related to the holding of such election, and any appropriate action. County Judge (Briefing 3-02-04)
Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-014013.E) Approve members to the Salary Grievance Committee for 2004, Mr. Perry R. McNeil, Mr. Herb Tinner, Mr. Jay Ross, Mr. Paul Confer, Mr. Ken Hodge, Mr. Ben Dennison, Mr. Terry Enmon, Mr. Bill Ellis, and Ms. Johnna Bohannon, and any appropriate action. Aide-to-the-Court
Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-014113.F) Approve the appointment of Joseph Novak to the Denton County Historical Commission as an associate member, and any appropriate action. Denton County Historical Commission
Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0142
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
POSTPONED UNTIL 3-23-04
ITEM 13 OTHER DEPARTMENTS
13.A) 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
NO ACTION
ITEM 16 ADDENDA
16.A) Approval of Budget Amendment Request #100730 to increase revenues and allocate expenses for Outside Counsel expenses in Non-Departmental in the amount of $216,063, and any appropriate action. Budget Office
Move to approve by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0143
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 12:33 p.m.
Court Reconvened in Formal Session 12:35 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 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.
NO ACTION
15.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim by TXU Business Services.
Move to assign to Criminal District Attorney, Civil Division, with authorization for Civil to deny this claim by Judge Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0144
ITEM 19 ADJOURNMENT 12:37 p.m.
This set of minutes for March 9, 2004, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.