STATE OF TEXAS



COUNTY OF RANDALL



Be it remembered on this the 7th day of November 2000, there came to and was held a Regular Meeting at 9:00 a.m. of the Commissioners= Court in and for Randall County, Texas with the following present and presiding:



Theodore Wood, Presiding County Judge

Robert Karrh Commissioner Precinct 1

Gene Parker, Commissioner Precinct 2

George Huskey, Commissioner Precinct 3

Craig Gualtiere, Commissioner Precinct 4



Also present at the meeting was Joella McPherson, County Auditor and Sue Wicker Bartolino, County Clerk.

Jerry Hudson, Grace Baptist Church, gave the invocation.





























































RANDALL COUNTY COMMISSIONERS COURT AGENDA



NOVEMBER 7, 2000



9:00 A.M. MEETING



COUNTY SQUARE NORTH COURTROOM



400 16TH STREET, CANYON, TEXAS

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Invocation: Jerry Hudson, Grace Baptist Church, Canyon, Texas

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1. Approval of the minutes of the October 31, 2000 commissioners court meeting. (TW)



2. Discussion concerning unsignalized railroad crossings in rural Randall County. Tracy Tellman of the Texas Department of Transportation will be visiting with the commissioners court concerning options in regard to these crossings. Take any appropriate action. (TW)



3. Discuss circumstances surrounding the bidding of the telephone system with legal counsel. This discussion may involve a private consultation with the commissioners court=s legal counsel pursuant to Tex. Gov. Code Ann. ' 551.071 permitting a governmental body to conduct a private consultation with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Section 551.071. This provision has been interpreted to allow a governmental body to meet with its attorney in executive session to seek or receive the attorney=s advice in regard to legal matters. See Op. Tex. Att=y Gen. JM-100 (1983). (CG)



4. Reconsider the award of bid for telephone system. Take appropriate action. (CG)



5. Discuss possibility of the commissioners court conducting a work session prior to regular commissioners court meetings. Take any appropriate action. (BK)



6. Discuss possiblity of a policy regarding the time in which items to be placed on the agenda, and written materials relating to these items, must be requested. (BK)



7. Discuss and act on proposal to transfer $1,000 from Commissioners Court - Contingency to Tax Assessor/Collector - Vehicle Operation to pay for repairs to automobile used by different county departments. (Aditor)



8. Discuss whether Randall County should accept grant from the U.S. Department of Justice - Office of Commmunity Oriented Policing Services for partial funding for a Civilian Public Information Officer in the Sheriff=s Department. (CG)

9. Discuss issues of concern related to construction of the new jail. Take any necessary action. (TW)



10. Discuss the County=s practice of subscribing to TAC News. Take appropriate action. (CG)

11. Review of correspondence with the commissioners court. (TW)



12. Accept official reports. (TW)



13. Discuss and act on Randall County employees= requests to attend meetings and conferences. (Auditor)



14. Employment matters. (Treasurer)



15. Approval of vouchers.



16. Public comment period. (TW)



17. Agenda items for next meeting. (TW)



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The public is invited and encouraged to speak on any agenda item and will be given an oppurtunity to do so before any vote is taken.

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This agenda notice is made in accordance with Texas Government Code Annotated, Chapter 551

(Vernon 1994), Texas Open Meetings Act.

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Agenda items may not necessarily be considered in the order listed on the agenda.

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The Randall County Commissioners Court reserves the right to adjourn into executive session at anytime during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (deliberations about Gifts and Donations), 551.074

(Personnel Matters), 551.076 (Deliberations about Security Devices and 551.086 (Economic Development).

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Ted Wood

Randall County Judge











































































1. APPROVAL OF THE MINUTES OF THE OCTOBER 31, 2000 COMMISSIONERS COURT MEETING. (TW)



No action.



2. DISCUSSION CONCERNING UNSIGNALIZED RAILROAD CROSSINGS IN RURAL RANDALL COUNTY. TRACY TELLMAN OF THE TEXAS DEPARTMENT OF TRANSPORTATION WILL BE VISITING WITH THE COMMISSIONERS COURT CONCERNING OPTIONS IN REGARD TO THESE CROSSINGS. TAKE ANY APPROPRIATE ACTION. (TW)



No action.



3. DISCUSS CIRCUMSTANCES SURROUNDING THE BIDDING OF THE TELEPHONE SYSTEM WITH LEGAL COUNSEL. THIS DISCUSSION MAY INVOLVE A PRIVATE CONSULTATION WITH THE COMMISSIONERS COURT=S LEGAL COUNSEL PURSUANT TO TEX. GOV. CODE ANN. ' 551.071 PERMITTING A GOVERNMENTAL BODY TO CONDUCT A PRIVATE CONSULTATION WITH ITS ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BOARD OF TEXAS CLEARLY CONFLICTS WITH SECTION 551.071. THIS PROVISION HAS BEEN INTERPRETED TO ALLOW A GOVERNMENTAL BODY TO MEET WITH ITS ATTORNEY IN EXECUTIVE SESSION TO SEEK OR RECEIVE THE ATTORNEY=S ADVICE IN REGARD TO LEGAL MATTERS. SEE OP. TEX. ATT=Y GEN. JM-100 (1983). (CG)



Closed session, see motion of next agenda item #4.



4. RECONSIDER THE AWARD OF BID FOR TELEPHONE SYSTEM. TAKE APPROPRIATE ACTION. (CG)



Motion was made by Judge Wood. Motion that we withdraw the award of the bid that we made last week and start the bidding process on the telephone system over again at some future time.

SECOND was made by Commissioner Gualtiere.

AYES: Three. Wood, Huskey, Gualtiere.

NAYS: Two. Karrh, Parker. Resolution #2000-176

Motion carried by 3-2 vote.



5. DISCUSS POSSIBILITY OF THE COMMISSIONERS COURT CONDUCTING A WORK SESSION PRIOR TO REGULAR COMMISSIONERS COURT MEETINGS. TAKE ANY APPROPRIATE ACTION. (BK)



Motion was made by Commissioner Parker. Motion that we do have a pre-session.

SECOND was made by Commissioner Karrh.

AYES: Two. Parker, Karrh.

NAYS: Three. Wood, Huskey, Gualtiere.

Motion failed by 2-3 vote.



6. DISCUSS POSSIBILITY OF A POLICY REGARDING THE TIME IN WHICH ITEMS TO BE PLACED ON THE AGENDA, AND WRITTEN MATERIALS RELATING TO THESE ITEMS, MUST BE REQUESTED. (BK)



No action.



7. DISCUSS AND ACT ON PROPOSAL TO TRANSFER $1,000 FROM COMMISSIONERS COURT - CONTINGENCY TO TAX ASSESSOR/COLLECTOR - VEHICLE OPERATION TO PAY FOR REPAIRS TO AUTOMOBILE USED BY DIFFERENT COUNTY DEPARTMENTS. (ADITOR)



Motion was made by Commissioner Karrh. So moved.

SECOND was made by Commissioner Parker.

AYES: None. Exhibit 1

NAYS: Four. Resolution #2000-177

ABSTAINING: One. Karrh

Motion failed by a 0-4-1 vote.



MOTION was made by Commissioner Huskey. Motion that we authorize the Auditor to transfer $493.00 to cover the part.

SECOND was made by Commissioner Gualtiere.

AYES: Four.

NAYS: One. Karrh

Motion carried by a 4-1 vote.



8. DISCUSS WHETHER RANDALL COUNTY SHOULD ACCEPT GRANT FROM THE U.S. DEPARTMENT OF JUSTICE - OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR PARTIAL FUNDING FOR A CIVILIAN PUBLIC INFORMATION OFFICER IN THE SHERIFF=S DEPARTMENT. (CG)

Motion was made by Commissioner Karrh. Motion to table this until next week.

SECOND was made by Commissioner Gualtiere.

AYES: All five.

NAYS: None.

Motion carried by 5-0 vote.



9. DISCUSS ISSUES OF CONCERN RELATED TO CONSTRUCTION OF THE NEW JAIL. TAKE ANY NECESSARY ACTION. (TW)



None.



10. DISCUSS THE COUNTY=S PRACTICE OF SUBSCRIBING TO TAC NEWS. TAKE APPROPRIATE ACTION. (CG)



Motion was made by Commissioner Karrh. Motion to use the e-mail method and not pay for this subscription.

SECOND was made by Judge Wood.

AYES: All five.

NAYS: None.

Motion carried by 5-0 vote.

11. REVIEW OF CORRESPONDENCE WITH THE COMMISSIONERS COURT. (TW)



None.



12. ACCEPT OFFICIAL REPORTS. (TW)



Motion was made by Commissioner Gualtiere. Motion to approve the official reports.

SECOND was made by Commissioner Parker.

AYES: All five. Exhibit 2

NAYS: None.

Motion carried by 5-0 vote.



13. DISCUSS AND ACT ON RANDALL COUNTY EMPLOYEES= REQUESTS TO ATTEND MEETINGS AND CONFERENCES. (AUDITOR)



Motion was made by Commissioner Gualtiere. Motion to approve the Randall County Employees request to attend meetings and conferences.

SECOND was made by Commissioner Huskey.

AYES: All five. Exhibit 3

NAYS: None.

Motion carried by 5-0 vote.



14. EMPLOYMENT MATTERS. (TREASURER)



Motion was made by Commissioner Huskey. Motion that we have employment matters considered under the same agenda item as accepting official reports and that they not be individually read unless specifically requested.

SECOND was made by Commissioner Karrh.

AYES: All five.

NAYS: None.

Motion carried by 5-0 vote.

Motion was made by Commissioner Gualtiere. Motion to approve the employment matters.

SECOND was made by Commissioner Karrh.

AYES: All five. Exhibit 4

NAYS: None.

Motion carried by 5-0 vote.



15. APPROVAL OF VOUCHERS.



Motion was made by Commissioner Huskey. Move the following checks be approved, except check #3350 and #3259.

SECOND was made by Commissioner Parker.

AYES: All five. Exhibit 5

NAYS: None.

Motion carried by 5-0 vote.



16. PUBLIC COMMENT PERIOD. (TW)



None.



17. AGENDA ITEMS FOR NEXT MEETING. (TW)



Rollback petition

Next meeting November 14, 2000 at 9:00 a.m.





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Judge Wood adjourned the Randall County Commissioners Court until 9:00 am. Tuesday, November 14th, 2000 in the Randall County Square North Courtroom.

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At the meeting on November 14, 2000, Commissioner Gualtiere moved to approve the minutes for the meeting held on the 7th of November 2000 as distributed. Commissioner Karrh seconded the motion. Five (5) Voted aye. The said minutes were approved as distributed and No correction was made in open Court.



Ted Wood, County Judge, Presiding Officer of Commissioners Court





Attest:

Sue Wicker Bartolino, County Clerk