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.

April 18, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 18th day of April, 2000, with Judge Kirk Wilson presiding. Commissioners Jeff Krueger, Sandy Jacobs, Scott Armey and Jim Carter were present along with deputy clerk Kathleen Bransford when the following proceedings were had, to wit:

Court opened with an Invocation by Captain Jack Watkins of the Denton County Salvation Army followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Jody Gonzales, Denton County's Deputy Fire Marshal.

Captain Watkins: Heavenly Father, we thank You for another day that You give us here at Commissioners Court. We thank You for all that You do. I just ask You this morning, send Your Holy Spirit into this Court, the issues, the things the Judge and the Commissioners have to settle. I just ask You to be with them in everything that they do here in Denton County. I just ask You this in Jesus Christ's holy name. Amen.

ITEM 2 PUBLIC INPUT

Denton County Sheriff Weldon Lucas spoke to the court regarding his department's concern and responsibility for 90 percent of the Greenbelt that is within county's jurisdiction.
Judge Wilson announced that the Texas Department of Health finalized the allocation of county tobacco settlement funds for April of 2000; the amount distributed to Denton County will be $483,130.26.
Calvert Loe restated his concern about the court removing the historical bridge across county line road before other plans are implemented to replace that bridge.
Mildred Hawk reiterated her position that the historical bridge was condemned in 1997 and, even though it is maintained, should be removed as soon as possible for the safety of the citizens who are using it. Ms. Hawk also invited the members of the court to the first graduation of the Hawk-eye third grade reading program.
Discussion of these items is included in Commissioners Court Transcript attached to this set of minutes. (Page 1)

ITEM 3 PUBLIC HEARING

3.A) Approve an appeal of the Lake Ray Roberts Land Use Ordinance as requested by Mr. Charles Whittenburg and allow two special use permits be issued for each of two used manufactured homes in the J. Wilson Survey, Abstract 1409A, Tract 3D - County Judge.

Move to Reconvene Public Hearing by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0

Marleen Waldman of Dallas, Texas, spoke against the appeal based on her family's ownership of the original property and their intent on maintaining a rural, primitive area.

Joey Copeland, Commissioner and co-chair of the Lake Ray Roberts Planning & Zoning Commission, spoke against issuance of the special-use permits because of the following: the rule is that each tract of land shall be used as a single residence, issuing the permits would set a precedent and the planning commission is trying to establish uniformity and controlled growth.

Dayle Reineke of Fort Worth, Texas, spoke against the appeal because of the configuration of the lots which are approximately 200 feet wide, 1,500 feet long.

John Nygren of Fairview Circle also spoke in opposition to the appeal based on density and the precedence-setting of allowing more than one home on a lot.

Judge Wilson read into the record the opposition to the appeal from Debra Reineke and Lynda Nygren. Also, a letter from Matthew and Ann Martin, who reside at Fairview Circle, stating their opposition to the appeal was read into the record.

Charles Whittenburg, the applicant for the appeal, spoke in favor of issuing the special-use permits because it was his understanding when he purchased the land that there were no deed restrictions.

Glenna Krueger, Chairman of the Lake Ray Roberts Planning & Zoning Commission, spoke in favor of the appeal. She does not consider density an issue when the homes will be on two-plus acres each. Also, no one has ever been denied a special use permit when it has been requested.

Comm. Jacobs asked for legal clarification from Ms. Carmen Rivera-Worley, District Attorney, Civil Division, that an appeal requires a 4/5's vote from Commissioners Court and that a phrase be added to the agenda item that deals with the issue of density. Ms. Rivera-Worley asked that the phrase "and affecting the density" be added after "two used manufactured homes".

Move to Close Public Hearing by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0

Move to approve the appeal by Comm. Krueger, second by Comm. Armey.
Motion Failed 3-2-0 (needs 4/5 vote, appeal denied) (Wilson & Jacobs nay)

ITEM 4 RESOLUTIONS

4.A) Approve Resolution commending John Gardner for faithful service as Denton County Fire Marshal and Emergency Management Coordinator - County Judge. (Briefing 4-11-00)

Move to approve by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0179

ITEM 12 SHERIFF

12.B) Approve the creation of one additional Court Bailiff Slot - County Judge. (Briefing 4-11-00)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0180

ITEM 16 LEGAL

16.C) Approval of Interlocal Cooperation Agreement between Denton County, Texas and Wise County, Texas for regulation, approval, inspection and issuing of applicable certifications of compliance to Stone Creek Manufactured Home Rental Community - County Judge. (Briefing 4-4-00)

After hearing from the following speakers, court decided to repost this item for next week and also post as an Executive Session Item: Larry Fowler, speaking on behalf of the developer of the project, Jim Thomason, the developer, and Jerhea Nail, Director of Development and Community Relations for the Northwest Independent School District.
Discussion of this item is included in Commissioners Court Transcript attached to this set of
minutes. (Page 71)

ITEM 5 CONSENT AGENDA (Item 10A pulled)

TREASURER

7.A) Approval of Payroll.

BUDGET

9.C) Approval of Budget Amendment Request #101070 for Psychiatric Service for County Court at Law #1 in the amount of $2,500 - County Judge. (Briefing 4-11-00)

HUMAN RESOURCES

10.B) Approve revision of Policy #7.1 (Application for Employment) - County Judge. (Briefing 4-11-00)

COUNTY CLERK

11.A) Approve minutes for April 4, 2000 - Formal Session - County Judge.

BOARDS & COMMITTEES

13.A) Approval of appointment of Jim Carter to the Conference of Urban Counties Intergovernment Relations Standing Committee - County Judge. (Briefing 4-11-00)

NON-DEPARTMENTAL

15.A) Approval of Building Usage Requested by Sharon Leake for the use of the Commissioners Courtroom and the Courthouse Lawn on Sunday, December 17, 2000, from 4:30 p.m. until 8:00 p.m. for the purpose of Grace Temple Baptist Church, Christmas-on-the-Square (music) - County Judge. (Briefing 4-11-00)

Move to approve Consent Agenda except Item 10A by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0181

ITEM 6 COUNTY AUDITOR

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 C.S.C.D. in the amount of $264.50, wrong vendor.

ADDITIONS:
From the General Fund to Robinson Textiles, $3,696.13, for Inmate clothing;
From the General Fund to U.S. Postmaster, $324.00, for P.O. Box Rental, District Clerk;
From Road & Bridge to State Comptroller, $3,787.60, for Diesel Tax Qtr Ending 3/2000;
From Juvenile Probation to Jennifer M. Gigl, $50.00, for travel advance;
From TNCP to the Denton County Sheriff's Office, $4,870.00, reimburse imprest funds;
From '99 Road Construction to First American Title, $3,029.10, for ROW, Lot 5, La Pointe.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0182

ITEM 10 HUMAN RESOURCES

10.A) Approval of orders appointing New Employees. (The appointments for April 18, 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: Beverly Kathleen Newton, Deputy Clerk/Criminal/District Clerk; Marie E. Villarreal, Administrative Assistant I/Constable Pct.6; Sigifredo Marquez, Adult Probation Officer/CSCD; Loriann Daniels, Print/Mail Clerk/Print Mail; Leslie Willingham, Deputy/Dare Officer/Sheriff; Sara Voss, Detention Officer I (Front Desk)/County Jail; Francis Allen, Juvenile Detention Officer/Juvenile Detention; Andrew Moore, Warehouse Maintenance Clerk/Elections Administration.

Move to approve Order Maker Appointments 10A-3 through 10A-9 and 10A-11 by Comm.
Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0183

10A-1) Pulled at the request of the department.

10A-10) Move to approve Lori Moraine in the Criminal District Attorney's office by Judge Wilson, second by Comm. Carter.
Motioner and Seconder withdrew their motion at the request of the department.

10A-12) Move to approve Rosano Picazo for the Tax Assessor/Collector's office at a Step 4 by Judge Wilson, second by Comm. Carter.
Motion Failed 2-3-0 (Krueger, Jacobs & Armey nay)

Move to approve employee at a Step 3 by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0184

ITEM 17 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 under Item 17E by Comm. Jacobs, second by
Comm. Armey.
Motion Carried 5-0-0

CONVENED IN EXECUTIVE SESSION
RECONVENED IN FORMAL SESSION

17.E) Closed meeting pursuant to Texas Government Code, Section 551.074 (a) (1) Personnel matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public employee: Thomas F. Keever, Office of the District Attorney, Civil Division - County Judge.

ITEM 16 LEGAL

16.A) Any appropriate action on Executive Session matters - Legal Department.

Move to approve changes to the job description of Civil Attorney, III, in the office of the Criminal District Attorney, Civil Division, with a designation of paygrade 35, Step 6, effective immediately by Comm. Jacobs, second by Comm. Carter.

Move to amend by Comm. Armey that the listing of specific duties 1 through 22 be stricken from the job description, second by Comm. Carter.
Amendment Failed 2-3-0 (Jacobs, Krueger & Carter nay)

Motion Carried 4-1-0 (Armey nay)
Court Order #00-0185

16.D) Approve the designation of Civil Attorney, III in the office of the Criminal District Attorney, Civil Division as the person to receive Public Information Act request for Denton County or designated departments - County Judge.

Move to approve the deletion of "III" from the job title and the designation of Thomas Keever as the person recommended by the District Attorney, Civil Division, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0186

16.B) Approval of Lease Agreement between Denton County and Paul C. Guzik d/b/a PCG Enterprises for office space in Lewisville for Adult Probation - County Judge. (Briefing 4-4-00)

Move to approve by Judge Wilson, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0187

ITEM 18 RECESS

ITEM 19 RECONVENE

Comm. Krueger was not immediately present.

ITEM 8 PURCHASING

8.A) Approval of exemption from bidding for Visual Alarms at the Denton County Courts Building according to the provisions of §262.024(a)(2) of the Local Government Code, approval of contract with Huber, Hunt & Nichols, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 3-0-1 (Wilson abstains)
Court Order #00-0188

ITEM 9 BUDGET

9.A) Approval of Emergency Budget Amendment Request #101170 for Repairs and Maintenance for Denton County Courts Building in the amount of $59,469 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0189

9.B) Approval of Budget Amendment Request #101180 for Architect Fees and the creation of a new line item for county purposes for FY 199-2000 for Courthouse-on-the-Square in the amount of $38,500 -
County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0190

ITEM 12 SHERIFF

12.A) Approve contract with VERTEX to manage Denton County's application to the Federal Government for (SCAAP) Alien Assistance Reimbursement - County Judge. (Briefing 4-11-00)

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0191

ITEM 14 STANDING ITEMS

14.A) Approval of any appropriate action regarding project development, construction progress, and change 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.
NO ACTION

14.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

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

Move to appoint Glenda Duke to the Denton County Citizens Budget Advisory Committee by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0192

ITEM 15 NON-DEPARTMENTAL

15.B) Approval of building usage request by Mark Hannah Jr. for the use of the 1896 Room on Saturday, April 22, 2000 from 10:00 a.m. until 12:00 p.m. for the purpose of a small wedding - County Judge..

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0193

15.C) Approval of appointment of Election Judges for Town of Clark and State Representative District 64 Election on May 6, 2000 - County Judge.

Move to approve the following: Bill McFarling, Election Judge at the Lee Walker Government Center, Gordon Vail at the Flower Mound Town Hall, Catherine Bell as Judge and Robbie Gober as Alternate for the Carroll Building and as Judge at the Clark Airport Hanger, Peggy Wicks, and Frank Wicks as Alternate by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0194

ITEM 16 LEGAL

16.E) Approval of Contract with Huber, Hunt & Nichols, Inc., for Construction Manager Services between owner and construction manager for the Denton County Court Building, partial 4th floor build-out
and partial lower level build-out - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 2-0-2 (Wilson & Jacobs abstain)
Court Order #00-0195

ITEM 18 RECESS

ITEM 19 RECONVENE

In Judge Wilson's absence, Comm. Armey is Presiding Judge, Comm. Krueger is present and Comm. Carter is not present.

ITEM 17 EXECUTIVE SESSION

17.F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (a) (1); Blassingame & Osburn, A Professional Corporation and Robert H. Osburn v. Sherri Adelstein, District Clerk, and Tracy Kunkle, Former District Clerk - County Judge.

Move to assign to the Civil Division of the Criminal District Attorney's Office by Comm. Armey, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order #00-0196

Move to Convene in Executive Session under Item 17.D by Comm. Armey, second by Comm. Jacobs.
Motion Carried 3-0-0

CONVENE IN EXECUTIVE SESSION
RECONVENE IN FORMAL SESSION

Comm. Carter is present.

17.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

ITEM 20 ADJOURNMENT

Move to adjourn by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0

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