Denton County, Texas, Seal

Denton County Commissioners Court
Courthouse on the Square
110 West Hickory, Denton, Texas
* * * * * Formal Agenda Minutes


Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.


March 28, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 28th day of March, 2000, with Judge Kirk Wilson presiding. Commissioners Jacobs, Krueger and Carter were present when the following proceedings were had, to wit:

Court opened with an Invocation by Pastor Russell Tieken of the St. Paul Lutheran Church in Denton and was followed by the Pledges of Allegiance to the American Flag and the Texas flag led by Steve Rollins, Director of Denton County Planning Department.

Pastor Tieken: Dear Heavenly Father, we thank You for this day and opportunity, that You offer us wisdom and courage and grace and strength to seize the opportunities before us and to confront the challenges against us. And, in so doing, we may accomplish our duties for the benefit and prosperity of all people. We give You our thanks for the life and service of Representative Crownover, in his accomplishments and in his willingness to serve in many ways. Bless the hearts of all those present, grant them full peace and grace and sustain them and comfort them in their time of loss. And now, Heavenly Father, may your presence fill this place and our hearts as we continue to serve You. In Your Holy name, we pray. Amen.

ITEM 2 PUBLIC INPUT

Dessie Goodsen, of Denton, wanted to let the court know that the truth about the new courthouse's structure is not being told. Also, she requested that the court rebuild the fountain on the Confederate Soldier and not leave it to Mr. Hudspeth to do that project.
Delia Parker from Denton County Child Protective Services announced that April is Child Abuse Prevention month. She read a proclamation into the record.

ITEM 12 NON-DEPARTMENTAL\

12.B) Approval of the Resolution urging the City of Corinth to do its sovereign duty to preserve and protect the site of the second seat of Denton County and historic Post Oak Drive - County Judge.

After a reading of the resolution by Charles Fletcher and comments from Mildred Hawk, a motion to approve, with a correction in the resolution, was made by Comm. Krueger, second by Judge Wilson.
Motion Carried 4-0-0
Court Order #00-0139

ITEM 3 RESOLUTIONS

3.A) Approval of resolution designating April 3 - 9, 2000, as Public Health Week - County Judge.
(Briefing 3-21-00)

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0140

ITEM 4 CONSENT AGENDA

TREASURER

6.A) Approval of Payroll.

BUDGET

7.A) Approval of Budget Amendment Request #100920 for Incentive Pay/Benefits and the creation of a new line items for county purposes for FY 1999-2000 for various departments in the amount of $130,489 - County Judge. (Briefing 3-21-00)

7.B) Approval of Budget Amendment Request #100930 for lease payments and the creation of a new line item for county purposes for FY 1999-2000 for District Attorney Hot Check Department in the amount of $1,565 - County Judge. (Briefing 3-21-00)

7.C) Approval of Budget Amendment Request #100940 for legal ads for Criminal District Attorney-Civil Division in the amount of $1,100 - County Judge. (Briefing 3-21-00)

7.D) Approval of Budget Amendment Request #100950 for salary, assistants/benefits line items for Justice of the Peace, Precinct #4 in the amount of $18,274 - County Judge. (Briefing 3-21-00)

7.E) Approval of Budget Amendment Request #100960 for mobile phones and operating supplies for Constable, Precinct #4 in the amount of $1,400 - County Judge. (Briefing 3-21-00)

7.F) Approval of Budget Amendment Request #100970 for Training/Education for Human Resources in the amount of $2,500 - County Judge. (Briefing 3-21-00)

7.G) Approval of Budget Amendment Request #100980 for TEC/Unemployment for Non-Departmental in the amount of $20,909 - County Judge. (Briefing 3-21-00)

HUMAN RESOURCES

8.A) Approval of orders appointing New Employees. (The appointments for March 28, 2000, have been posted and advertised; and interviews were 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 restraints.)The following Orders were approved: Donnie Erickson, Detention Officer I/County Jail; Frankie Casey, Detention Officer I/County Jail; Amanda Allen, Detention Officer I/County Jail; Terrance Harris/Detention Officer I/County Jail; Teri Fisher, Senior Court Clerk/Justice of the Peace, Pct.5; Renissa "Kali" Riley, Health Inspector/Environmental Health; Darcea Handy, Outreach Coordinator/CHIP Outreach Grant; Veronica Gonzalez, Admin. Asst./VA & Juvenile/Criminal District Attorney; Sydney Carol Crowell, Court Clerk, JP Pct. 3; Palmer E. Patton, Detention Officer I/Crewman/Centralized Road & Bridge; Daniel Allison, Detention Officer I/Crewman/Centralized Road & Bridge; Diane Johnson, Asst. Supervisor-Tax/MV/Tax Assessor/Collector; Amber Lillie/Detention Officer II/Medical/Jail Health; Phillip Boudreaux, Detention Officer II/County Jail; Marilyn Kessler, Comptroller/Tax Assessor/Collector; and, Michelle French, Chief Deputy/Tax Assessor/Collector.

8.B) Approve changes to job descriptions (Deputy Clerk, Deputy Clerk-Ad Valorem, Deputy Clerk-Motor Vehicles) in the Tax Office - County Judge. (Briefing 3-21-00)

COUNTY CLERK

9.A) Approval of minutes for March 14, 2000, Formal Session - County Judge. (Briefing 3-21-00)

NON-DEPARTMENTAL

12.A) Approval of the use of the county parking lots used for the annual 4th of July Parade which will begin at 9:30 a.m. on Mulberry and Carroll - County Judge. (Briefing 3-21-00)

LEGAL

13.B) Approval of: a) the Project for Road Construction and Widening of Parker Road to a six lane divided thoroughfare, and b) the Interlocal Cooperation Agreement between the City of Plano and Denton
County, Texas, for Road Construction and Widening of Parker Road - County Judge. (Briefing 3-14-00)

13.C) Approval of: a) the Project for Road Construction of Spring Creek Parkway, of a six lane divided thoroughfare from SH 121 to the Denton/Collin County Line, and b) the Interlocal Cooperation Agreement
between the City of Plano and Denton County, Texas for Road Construction of Spring Creek Parkway - County Judge. (Briefing 3-21-00)

13.D) Approval of JURY + Jury Management System Software Maintenance Agreement between Jury Systems Incorporated and Denton County, Texas - County Judge. (Briefing 3-21-00)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0141

ITEM 5 COUNTY 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.)

DELETIONS:
From General Fund to Caprock Capital Corp., $150,513.64, previously paid;
From Juvenile Probation to Boise Cascade, $38.00, wrong amount.

ADDITIONS:
To U.S. Postmaster from the General Fund, $44.00 for the P.O. Box Rental for the D.A..
To Sam Houston State University from Juvenile Probation, $135.00 for registration;
To Stacie Villarreal from Juvenile Probation, $150.00 for Huntsville travel;
To Denton County Sheriff's Office from TNCP, $5,492.00 to reimburse Imprest Fund.

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0142

5.B) Approval of the Denton County Comprehensive Annual Financial Statement, Independent Auditor's Opinions and Management Letter - County Judge.

James Wells, County Auditor, made a presentation along with John Manning from the firm of Pattillo, Brown & Hill. Commissioner Jacobs requested that, in the near future, the Health Department, along with the Human Resources Dept., send out a simple letter to all employees
of Denton County giving the status of the county's health insurance program

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0143

ITEM 7 BUDGET

7.H) Approval of Budget Request for computers, County Planning Department - County Judge

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0144

7.I) Approval of Budget Amendment Request #101030 for Transfer to the 1999 Certificates of Obligation Construction Fund for the Transfer Department in General Fund in the amount of $141,294 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0145

ITEM 10 COUNTY PLANNING

10.A) Approval of final plat for Ridgecrest North, Phase 1-A, Lots 9, 10, & 11 Block A, Precinct One -
County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0146

ITEM 11 STANDING ITEMS

11.A) Approval of any appropriate action regarding project development, construction progress, andchange orders to ongoing Denton County Projects: Sheriff's Office/Jail, Centralized Road & Bridge, Carroll Building, Denton County Courts Building, Denton County Annexes, and future Denton County Satellite Facilities - Commissioners Court.

Danny Brumley, Director of Facilities Management, handed out to the court copies of the floor plans for the fourth floor build-out agreed to and signed by all the users.

11.B) Approval of any appropriate action regarding ongoing, planned, and proposed county and state transportation projects; Denton County's Better Safer Roads Program; and any necessary action regarding the modification of the Denton County Master Thoroughfare Plan - Commissioners Court.

NO ACTION

11.C) Approval of any action regarding Denton County boards and committees - Commissioners Court.

Move to approve the resignation of Heather Bobo from the Denton County Child Protective Services Board of Directors effective May 31, 2000 by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0147

ITEM 12 NON-DEPARTMENTAL

12.C) Approve a request by Sheriff Weldon Lucas asking the Commissioners Court to authorize Sheriff Lucas to submit an application to the Office of the Governor-Criminal Justice Division to assist with
funding the JUVENILE IMPACT PROGRAM - County Judge.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0148

12.D) Approve a request by Sheriff Weldon Lucas asking the Commissioners Court to authorize Sheriff Weldon Lucas to submit an application to the Texas Department of Health to assist with funding the
UNDERAGE TOBACCO USE COMPLIANCE PROGRAM - County Judge.

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0149

ITEM 15 RECESS

ITEM 16 RECONVENE

ITEM 14 EXECUTIVE SESSION

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.

Move to Convene in Executive Session by Comm. Carter, second by Comm. Jacobs.
Motion Carried 3-0-0 (Krueger was not present for the remainder of the session)

CONVENED IN EXECUTIVE SESSION
RECONVENED IN FORMAL SESSION

14.A) Real Property: Texas Government Code, Section 551.072: Real Property - Commissioners Court.

Move to authorize outside counsel to commence condemnation proceedings on Parcel #14 of the Robson Ranch Road project by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-0-0
Court Order #00-0150

14.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076 -Commissioners Court.

NO ACTION

14.C) Consultation with Attorney: Pending Litigation - Texas Government Code, Section 551.071 (1)(A) Tarrant County v. Denton County, pending in the District Court of Parker County, Texas 43rd Judicial District, Cause No. 44051 - Commissioners Court.

Judge Wilson announced that the Court of Appeals for the Second Judicial District granted Denton County's motion to postpone oral arguments in the appeal while the Texas Supreme Court considers the county's motion to transfer to the 11th Judicial District Court in Eastland,
Texas.

4.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071(1)(A) Identification of parties and claims regarding possible breach of warranties and defects as relates to the Denton County Courts Building - County Judge.

NO ACTION

14.E) Consultation with Attorney: Pending Litigation. Texas Government Code, Section 551.071 (1) (A); Denton County, Texas v. American Insurance Management, Inc., et al., Cause No. 4:99cv253 pending in the United States District Court, Eastern District, Sherman Division - County Judge.

NO ACTION

14.F) Consultation with Attorney: Pending Litigation. Texas Government Code, Section 551.071 (1) (A);Bruce & Rhonda Huther v. Trustees of Sanger I.S.D. and Lamarc and Denton county, Texas; Cause No. GC-97-00777-C pending in the Probate Court of Denton County, Texas - County Judge.

Move to authorize the Civil Division of the Criminal District Attorney Office to proceed with an appeal of the denial of Denton County's Plea to the Jurisdiction in the case of Bruce & Rhonda Huther v. Trustees of Sanger ISD, Lamarc and Denton County pending in the Probate Court of Denton County, Texas, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-0-0
Court Order #00-0151

14.G) Consultation with Attorney: Contemplated Litigation. Texas Government Code, Section 551.071 (1) (A); Blassingame & Osburn, A professional Corporation and Robert H. Osburn v. Denton County, Texas, et al - County Judge.

Move to approve denial of the claim of Blassingame & Osburn, A Professional Corporation
by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-0-0
Court Order #00-0152

14.H) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code Colette Johnson v. Denton County; In the 393rd District Court of Denton County, Texas, Cause no.
96-50300-393 - County Judge.

Move to approve the recommendation of Counsel to the Sheriff that the court authorize the District Attorney's Office to pursue Motion for Rehearing in the Court of Appeals and, if necessary, to seek Writ of Error with the Texas Supreme Court by Comm. Carter, second by
Comm. Jacobs.
Motion Carried 3-0-0
Court Order #00-0153

ITEM 17 ADJOURNMENT

Move to adjourn by Comm. Carter, second by Comm. Jacobs.
Motion Carried 3-0-0

This set of minutes prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.