STATE OF TEXAS



COUNTY OF RANDALL



Be it remembered on this the 12th day of December 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 (absent)

Craig Gualtiere, Commissioner Precinct 4



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

Judge E.J. Hail, gave the invocation.

























































RANDALL COUNTY COMMISSIONERS COURT AGENDA



DECEMBER 12, 2000



9:00 A. M. MEETING



COUNTY SQUARE NORTH COURTROOM



400 16TH STREET, CANYON, TEXAS

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Invocation: Judge E. J. Hail, First Baptist Church, Canyon, Texas

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1. Approval of the minutes of the December 4, 2000 commissioners court meeting. (TW)



2. Report by Russell Hanson, Road Superintendent, on meeting with Texas Department of Transportation and railroad officials concerning railroad crossings. (Road Department)



3. Discuss and act on request by developer to approve a plat, Greyhawk Landing Unit #3 in Section 66, Block 9, B S & F Survey, Randall County, Texas (32.99 acres). (Road Department)



4. Discuss and act on request by Developer to approve a plat, Greyhawk Landing Unit #4 in Section 66, Block 9, B S & F Survey, Randall County, Texas (97.263 acres). (Road Department)



5. Update on road maintenance. (Road Department)



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

7. Discuss Randall County=s response to inquiry by U.S. Department of Justice concerning grant application for funding for the State Criminal Alien Assistance program (SCAAP). 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). Take any necessary action. (TW)



8. Discuss and act on request to approve engagement letter with Doshier, Pickens & Francis PC for a single audit. (Auditor)



9. Approve bonds for Carol Autry, Tax Assessor/Collector and Joel Richardson, Sheriff, for their terms beginning January 1, 2001. (Auditor)



10. Discuss and act on request to transfer $15,000 from Commissioners Court-Contingency to Non-Departmental-Insurance and Bonds. (Auditor)



11. Determine voting locations for rollback election. (TW)



12. Determine precise language to appear on ballot for rollback election. (TW)



13. Discuss and act on request to transfer a total of $43,856 from County Auditor to Commissioners Court-Contingency. Specifically, the amounts to be transferred from County Auditor would be as follows: Other Salaries ($34,202); Payroll Taxes ($2,650); Group Insurance ($3,840); and Retirement ($3,164). The purpose of the transfer is to eliminate funding for one of the two new positions in the Auditor=s office this fiscal year.

(TW, CG)



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



15. Accept official reports. (TW)



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



17. Approval of vouchers. (Auditor)



18. Public comment period. (TW)



19. 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 opportunity 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). See also Op. Tex. Att=y Gen. No. JC-0057 (1999); Att=y Gen. LO-90-27.

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Ted Wood

Randall County Judge

















































1. APPROVAL OF THE MINUTES OF THE DECEMBER 4, 2000 COMMISSIONERS COURT MEETING. (TW)



Motion was made by Commissioner Gualtiere. Motion to approve with those changes to the minutes of the December 4, 2000, Commissioners Court meeting.

SECOND was made by Commissioner Parker.

AYES: Three.

NAYS: One. Wood.

Motion carried by 3-1 vote.



2. REPORT BY RUSSELL HANSON, ROAD SUPERINTENDENT, ON MEETING WITH TEXAS DEPARTMENT OF TRANSPORTATION AND RAILROAD OFFICIALS CONCERNING RAILROAD CROSSINGS. (ROAD DEPARTMENT)



Motion was made by Judge Wood. Motion that we set a public hearing on this.

SECOND was made by Commissioner Karrh.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



MOTION was made by Judge Wood. Motion that we set the hearing for Tuesday the 9th of January 2001, at 7:00 p.m. to be incorporated into our regular weekly meeting which would begin at 6:00 p.m. that evening.

SECOND was made by Commissioner Parker.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



3. DISCUSS AND ACT ON REQUEST BY DEVELOPER TO APPROVE A PLAT, GREYHAWK LANDING UNIT #3 IN SECTION 66, BLOCK 9, B S & F SURVEY, RANDALL COUNTY, TEXAS (32.99 ACRES). (ROAD DEPARTMENT)



Motion was made by Commissioner Gualtiere. Motion to approve the Greyhawk Landing plat Unit #3.

SECOND was made by Commissioner Karrh.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



4. DISCUSS AND ACT ON REQUEST BY DEVELOPER TO APPROVE A PLAT, GREYHAWK LANDING UNIT #4 IN SECTION 66, BLOCK 9, B S & F SURVEY, RANDALL COUNTY, TEXAS (97.263 ACRES). (ROAD DEPARTMENT)



Motion was made by Commissioner Karrh. Move we accept the Greyhawk Landing Unit #4 in Section 66, Block 9, BS&F Survey, Randall County, Texas (97.263 acres).

SECOND was made by Commissioner Gualtiere.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



5. UPDATE ON ROAD MAINTENANCE. (ROAD DEPARTMENT)



Authorize the Auditor to cut a check for the traffic fines in Lubbock County.

Motion was made by Commissioner Gualtiere. So moved.

SECOND was made by Judge Wood.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



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



None.

7. DISCUSS RANDALL COUNTY=S RESPONSE TO INQUIRY BY U.S. DEPARTMENT OF JUSTICE CONCERNING GRANT APPLICATION FOR FUNDING FOR THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP). 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). TAKE ANY NECESSARY ACTION. (TW)



No action.



8. DISCUSS AND ACT ON REQUEST TO APPROVE ENGAGEMENT LETTER WITH DOSHIER, PICKENS & FRANCIS PC FOR A SINGLE AUDIT. (AUDITOR)



Motion was made by Judge Wood. Motion that we approve the engagement letter with Doshier, Pickens & Francis for a single audit.

SECOND was made by Commissioner Parker.

AYES: Four. Exhibit 1

NAYS: None. Resolution #2000-190

Motion carried by 4-0 vote.



9. APPROVE BONDS FOR CAROL AUTRY, TAX ASSESSOR/COLLECTOR AND JOEL RICHARDSON, SHERIFF, FOR THEIR TERMS BEGINNING JANUARY 1, 2001. (AUDITOR)



Motion was made by Commissioner Gualtiere. Motion to approve the bonds for Carol Autry, Tax Assessor/Collector and Joel Richardson for Sheriff.

SECOND was made by Commissioner Karrh.

AYES: Four. Exhibit 2

NAYS: None. Resolution #2000-191

Motion carried by 4-0 vote.



10. DISCUSS AND ACT ON REQUEST TO TRANSFER $15,000 FROM COMMISSIONERS COURT-CONTINGENCY TO NON-DEPARTMENTAL-INSURANCE AND BONDS. (AUDITOR)



Motion was made by Judge Wood. Motion that we make this transfer.

SECOND was made by Commissioner Gualtiere.

AYES: Four. Exhibit 3

NAYS: None. Resolution #2000-192

Motion carried by 4-0 vote.



11. DETERMINE VOTING LOCATIONS FOR ROLLBACK ELECTION. (TW)



Motion was made by Commissioner Gualtiere. Motion to approve the locations of the Rollback Election for February 10, 2001, submitted by the County Clerk's office.

SECOND was made by Commissioner Parker.

AYES: Four. Exhibit 4

NAYS: None.

Motion carried by 4-0 vote.



12. DETERMINE PRECISE LANGUAGE TO APPEAR ON BALLOT FOR ROLLBACK ELECTION. (TW)



Motion was made by Commissioner Gualtiere. Motion to approve the language of the Official Ballot for the Randall County Rollback Tax Election as submitted.

SECOND was made by Commissioner Parker.

AYES: Four. Exhibit 5

NAYS: None.

Motion carried by 4-0 vote.



13. DISCUSS AND ACT ON REQUEST TO TRANSFER A TOTAL OF $43,856 FROM COUNTY AUDITOR TO COMMISSIONERS COURT-CONTINGENCY. SPECIFICALLY, THE AMOUNTS TO BE TRANSFERRED FROM COUNTY AUDITOR WOULD BE AS FOLLOWS: OTHER SALARIES ($34,202); PAYROLL TAXES ($2,650); GROUP INSURANCE ($3,840); AND RETIREMENT ($3,164). THE PURPOSE OF THE TRANSFER IS TO ELIMINATE FUNDING FOR ONE OF THE TWO NEW POSITIONS IN THE AUDITOR=S OFFICE THIS FISCAL YEAR.

(TW, CG)



Motion was made by Commissioner Gualtiere. Motion to table the issue.

SECOND was made by Judge Wood.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.



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



Motion was made by Judge Wood. Motion to accept.

SECOND was made by Commissioner Gualtiere.

AYES: Four. Exhibit 6

NAYS: None.

Motion carried by 4-0 vote.



15. ACCEPT OFFICIAL REPORTS. (TW)



Motion was made by Commissioner Gualtiere. Motion to approve the Official Reports.

SECOND was made by Commissioner Parker.

AYES: Four. Exhibit 7

NAYS: None.

Motion carried by 4-0 vote.



MOTION was made by Judge Wood. Motion to add to the Official Reports the Auditor's report of audit of the District Clerk-Cash Count.

SECOND was made by Commissioner Karrh.

AYES: Four.

NAYS: None.

Motion carried by 4-0 vote.

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



Motion was made by Commissioner Parker. So moved, we accept the employees request to attend meetings and conferences.

SECOND was made by Judge Wood.

AYES: Four. Exhibit 8

NAYS: None.

Motion carried by 4-0 vote.



17. APPROVAL OF VOUCHERS. (AUDITOR)



Motion was made by Commissioner Gualtiere. Motion we approve the following bills to be paid.

SECOND was made by Commissioner Parker.

AYES: Four. Exhibit 9

NAYS: None.

Motion carried by 4-0 vote.



18. PUBLIC COMMENT PERIOD. (TW)



None.



19. AGENDA ITEMS FOR NEXT MEETING. (TW)



Meet with Attorney about the Neal Cearley case.

Next meeting December 19th, 9:00 a.m.









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Judge Wood adjourned the Randall County Commissioners Court until 9:00 am. Tuesday, December 19th, 2000 in the Randall County Square North Courtroom.

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At the meeting on December 19, 2000, Commissioner Gualtiere moved to approve the minutes for the meeting held on the 12th of December 2000 as distributed. Commissioner Huskey 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