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.

May 30, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 30th day of May, 2000, with Judge Kirk Wilson presiding. Commissioners Sandy Jacobs, Jim Carter and Jeff Krueger were present, along with deputy clerk Alvin Hudson, when the following proceedings were had, to wit:

Court opened with an Invocation by Dr. Blake Allen, the youth director of the Central Baptist Church, Denton, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Danny Brumley, Director of Facilities Management.

Mr. Allen: Father, we thank You for blessing our country, our state and our county. And, Father, we ask that You bless and guide us today in our meeting. Father, we ask that You guide Jeff Krueger, Sandy Jacobs, Jim Carter and Judge Kirk Wilson. Father, we also ask that You help with Scott Armey's health and continue to help him and heal him. Father, we just ask that You guide us with Your spirit. In Jesus Christ we ask, Amen.

ITEM 2 PUBLIC INPUT

Mildred Hawk asked that a letter regarding the historic bridge on County Line Road be entered into the record.
A letter from Mitch Liles, Director of Probation Services, concerning a request to re-open the Adult Probation Office at 210 Woodrow, be entered into the record.

ITEM 3 CONSENT AGENDA (ITEMS 6A, 6C, 6G & 8B PULLED)

BUDGET

5.B) Approval of Budget Amendment Request #101560 for salary, assistants/benefits and various other line items for License & Weight in the amount of $15,177 - County Judge. (Briefing 5-30-00)

5.C) Approval of Budget Amendment Request #101520 for Training/Education for Purchasing Department in the amount of $2,710 - County Judge. (Briefing 5-23-00)

5.D) Approval of Budget Amendment Request #101550 to increase revenues, and allocate expenditures for postage for County Planning Department in the amount of $1,000 - County Judge. (Briefing 5-23-00)

5.E) Approval of Budget Amendment Request #101540 for office supplies for 393rd District Court in the amount of $1,214 - County Judge. (Briefing 5-23-00)

5.F) Approval of Budget Amendment Request #101440 for Miscellaneous Building Maintenance for Centralized Road & Bridge in the amount of $30,900 - County Judge.

HUMAN RESOURCES

6.B) Approve reclassifications of Detention Sergeant-Medical to Detention Lieutenant/Medical in the Jail Health with corresponding salary adjustment - County Judge. (Briefing 5-23-00)

6.D) Approve combining a part-time LVN position (022-HD, from 16) & a part-time RN position (021-HD, grade 22) into a full-time RN position (grade 22) - Public Health - County Judge. (Briefing 5-23-00)

6.E) Approve reclassification of Clerk to D.O.1 Administrative Assistant in the Jail Health with corresponding salary adjustment - County Judge. (Briefing 5-23-00)

6.F) Approve dividing two full-time Detention Officer 1 positions (slot 267-JA & 264-JA) into four part-time Detention Officer 1 positions for the remainder of the 1999/2000 fiscal year - Sheriff's Department - County Judge. (Briefing 5-23-00)

6.H) Approve job description for Deputy Sheriff in the Sheriff's Department - County Judge. (Briefing 5-23-00)

COUNTY CLERK

7.A) Approve the minutes for May 16, 2000, Formal Session - County Judge.

7.B) Approve the minutes for May 19, 2000, Emergency Session - County Judge.

COUNTY PLANNING

9.A) Approve June 27, 2000 at 9:15 a.m. as date and time to conduct a Public Hearing to discuss and approve revisions to the Lake Ray Roberts Land Use Ordinance as requested by Mr. And Mrs. Joel Lewis
and recommended by the Lake Ray Roberts Planning and Zoning Commission - County Judge. (Briefing 5-23-00)

9.B) Approve Final Plat for Goodview Estates, Lots 1 - 6, Block A, Precinct One - County Judge.

NON-DEPARTMENTAL

11.C) Approval of building usage requested by Donna Gumm for the use of the 1896 Room, Commissioners Conference Room on September 30, 2000, for 12 p.m. until 6 p.m., and the use of the lawn from 2 p.m. until 6 p.m. on the same day, for the purpose of a wedding - County Judge. (Briefing 5-23-00)

11.D) Approve joint lunch with Commissioners Court Members and County Clerk, District Attorney, District Clerk, Sheriff, Tax Assessor/Collector, and Treasurer, to be held at the Greenhouse Restaurant, 606 N. Locust, Denton, at noon on May 30, 2000 - Commissioner Precinct Two.

Move to approve with the exceptions of Items 6A., 6C, 6G & 8B by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0263

ITEM 4 COUNTY AUDITOR

4.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.)

DELETI0N FROM GENERAL FUND OF $225.00 TO Kimberly McCary, incorrect vendor.

ADDITION TO THE GENERAL FUND of $7,296.00 to the Clerk of the Texas Supreme Court
for dues for the District Attorney's Office.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 3-1-0 (Jacobs, nay)
Court Order #00-0264

4.B) Approve (1) excess funds in the amount of $183,952 are available in the 1992 Road Bond Fund from the Jim Christal Road Project, Precinct #4; (2) excess funds are not needed to fund any of the projects
originally listed in the bond documentation; and (3) excess funds are to be allocated as follows: the amount of $30,000 to the Precinct #4 Bridge Project and $153,952 to the Upgrade of S.N. Skiles Road and C. Wolf
Road - County Judge.

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0265

ITEM 5 BUDGET

5.A) Approval of Budget Amendment Request #101710 for repairs and maintenance for Juvenile Probation Facility in the amount of $37,859 - County Judge.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0266

ITEM 6 HUMAN RESOURCES

6.A) Approval of Order Making Appointments. (The appointments for May 30, 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 Order Making Appointments were approved: Thomas Reece, Deputy Clerk/County Clerk; Kevin Wayne Hamption, Truck Driver/Equipment/Centralized Road & Bridge; Jerilyn DeJernett, Administrative Secretary/Criminal District Attorney; Kimberly Hughes, Administrative Secretary/Criminal District Attorney; Jason Renfro, Juvenile Corrections Officer/Juvenile Post Adjudication; Paul Martinez, Juvenile Corrections Officer/Juvenile Post Adjudication; Paul Rodriguez, Junvenile Corrections Officer/Juvenile Post Adjudication; Casey Day, Juvenile Corrections Officer/Juvenile Post Adjudication; Letha Robinson, Detention Officer I/County Jail; Tiffani Kircher, Detention Officer I/County Jail; Kerry Childers, Detention Officer I/County Jail; Benjamin Wilson, Communications Officer I/Communications; Jennifer Mayo, Communications Officer/Communications; Alicia Vogel, Communications Officer/Communications; Robert Gathings, Juvenile Detention Officer/Juvenile Detention; Shabeena Meghani, Deputy Clerk/MV/Tax Assessor/Collector; Aldonza Partida, Community Service Aide/Immunization Grant; Sandra Gonzales, Deputy Clerk/MV/Tax Assessor/Collector; Tanya Jackson (Linebaugh), Street & Map Coordinator/Elections Administration; Angi Blagg, Court Clerk/Justice of the Peace Pct.5.

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0267

6.C) Approve reclassification of Jail Health Administrator to Correctional Health Supervisor in the Jail Health with corresponding salary adjustments - County Judge. (Briefing 5-23-00)

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0268

6.G) Approve appeal of denial of coverage of treatment for pre-existing condition - County Judge. (Briefing 5-23-00)

ITEM 8 SHERIFF

8.A) Approve the request to accept grant funding continuance for the North Central Texas Narcotics from the Office of the Governor - Criminal Justice Division - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0269

8.B) Approve the Intergovernmental Service Agreement for the Housing of Federal Prisoners with the United States Department of Justice, United States Marshals Service - County Judge. (Briefing 5-23-00)

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0270

ITEM 10 STANDING ITEMS

10.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

10.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

10.C) Approval of any action regarding Denton County boards and committees - Commissioners Court.
NO ACTION

COMMISSIONER KRUEGER STEPPED OUT OF THE COURTROOM

ITEM 11 NON-DEPARTMENTAL

11.A) Approval of the building usage requested by Lee R. Keith for use of the Commissioners Courtroom on May 31, 2000, at 3:30 p.m. until 4:30 p.m. for the purpose of a brief American Legion Boys and Girls State Delegates on County Government - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 3-0-0
Court Order #00-0271

COMMISSIONER KRUEGER RETURNED TO THE COURTROOM

11.B) Approve the use of any courtrooms, hearing rooms, the Central jury room or combination of court rooms in the Denton County Courts Building and the court room located in the Denton County Law
Enforcement Center for use as a juvenile court to the extent of the Juvenile Board's and localadministrative Judge's authority under the law - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0272

11.E) Approval of relocation plans, including assignment or reassignment of space for various County Offices and personnel, including but not limited to Denton County Juvenile and Adult Probation, County
Court at Law #1, County Clerks assigned to the County Court at Law #1, Juvenile Detention, and visiting district judge - County Judge.

Move to approve by Comm. Carter that the Charlie A. Cole Building be re-opened only to the adult probation employees who agree to sign a waiver that they are entering at their own risk and that the waiver be in effect until a second opinion can be rendered in approximately 30 days, second by Judge Wilson.
Motion Fails 1-2-1 (Jacobs & Krueger, nay and Wilson abstains)

Move to approve by Comm. Krueger that the Charlie A. Cole Building be reopened to Adult Probation as Mitch Liles has requested, second by Comm. Jacobs.
Motion Fails 2-2-0 (Wilson & Carter nay)

11.F) Approval of award of bid for Hot Mix Asphaltic Concrete, Bid #03-00-1328, to Martin Marietta Materials for $22.49/ton origin and Jagoe Public for $25.60/ton destination, and any appropriate action -
County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0273

11.G) Approval of exemption from bidding for professional services for an Indoor Air Quality Study according to the provisions of Section 262.024(a)(4) of the Local Government Code - County Judge.

11.H) Approval of process for conducting Indoor Quality Air Study, approval of contract(s), and any
appropriate action - County Judge.

Move to approve both Item 11.G & 11.H by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0274

ITEM 12 LEGAL

12.B) Approval of: a) Denton County Commissioners Court Resolution and b) Tax Abatement Agreement between AIL Investment, L.P., and Denton County, Texas - County Judge. (Formal 5-23-00)

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0275

6.G) Approve appeal of denial of coverage of treatment for pre-existing condition - County Judge. (Briefing 5-23-00)

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 3-1-0 (Wilson nay)
Court Order #00-0276

ITEM 14 RECESS

ITEM 15 RECONVENE

ITEM 13 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. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0

COURT CONVENES IN EXECUTIVE SESSION
COURT RECONVENES IN FORMAL SESSION

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

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

13.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.

13.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 ON ITEMS 13A THROUGH 13D

13.E) Consultation with Attorney: Pending Litigation against Toshiba regarding an FDC class action lawsuit, Texas Government Code, Section 551.071 (1)(A) - County Judge.

Move to assign this to the Civil Division of the Criminal District Attorney's Office by Judge Wilson, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0277

13.F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. Carole Keeton Rylander, Texas Comptroller of Public Accounts - County Judge.
NO ACTION

13.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); In Re: Christopher Conner, Relator; Cause No. GC2000-00491 in the Probate Court of Denton County - County Judge.

Move to assign this to the Civil Division of the Criminal District Attorney's Office by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0278

ITEM 16 ADJOURNMENT

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

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