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.

June 27, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 27th day of June, 2000, with Judge Kirk Wilson presiding. Commissioners Sandy Jacobs, Jeff Krueger, Jim Carter and Scott Armey were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Dr. Bill Bennett, First Assembly of God, Denton, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas flag led by Georgia Caraway, Director of the Courthouse Museum.

Dr. Bennett: Heavenly Father, we come to You today in the lovely name of our Lord Jesus Christ. We thank You for this day, this day that You have made and we will rejoice and be glad in it. Lord, we know that there is business today that needs to be taken care of, we know that possibly there will be some business that will not be calming, we ask You to oversee and to be present in all the things that need to be discussed and moved upon. Holy Spirit, I ask You to give wisdom, give wisdom as these proceedings go forth today and, again, Father we thank You that we can call upon You and ask You to be present here this morning with the Judge and these commissioners today and the officials of this court. And, Lord, we give You all the praise. In Jesus' wonderful name, we ask. Amen.

ITEM 2 PUBLIC INPUT

ITEM 3 PUBLIC HEARING

3.A) Approval of Order Upon Hearing and Granting Petition Requesting the Creation of Denton County Fresh Water Supply District No. 8 and appointing temporary supervisors and any appropriate action.

Move to Open Public Hearing by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0

Mildred Hawk asked the developers how many trees were going to be destroyed. Mr. Boyd answered that this property is planted in maize and the few trees on the acreage will be saved.

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

Move to approve Order by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0316

3.B) Approve the re-zoning from AG (Agricultural) to R-2 (Residential Medium Density) of Abstract 418, Tract 1 as requested by Mr. And Mrs. Joel Lewis and recommended by the Lake Ray Roberts Planning and Zoning Commission - Commissioners Court.

Move to Open Public Hearing by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0

No one spoke in favor or opposition.

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

Move to approve re-zoning by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0317

ITEM 13 NON-DEPARTMENTAL

C) Approve Revision of Denton County Development District No. 5 and any appropriate action-Commissioner, Precinct One.

Move to approve Order Upon Hearing and Granting Petition requesting the Creation of Denton County Development District #5 and appointing Temporary Directors by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0318

ITEM 4 RESOLUTIONS

4.A) Approval of Resolution recognizing July 16, 2000 as Children's Health Insurance Program Roll-Out Day in Denton County - County Judge.

Move to approve by Judge Wilson, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0319

ITEM 5 CONSENT AGENDA (ITEM 9A PULLED)

PURCHASING

7.A) Approval of renewal of Independent Auditing Services, RFP #04-95-931, with Patillo, Brown and Hill, L.L.P., and any appropriate action - County Judge. (Briefing 6-20-00)

7.B) Approval of renewal of Worker's Compensation Coverage with Texas Association of Counties for the term of October 1, 2000 through September 30, 2001, and any appropriate action - County Judge.
(Briefing 6-20-00)

7. C) Approval of renewal of General Liability, Auto Liability and Auto Physical Damage insurance policies with Texas Association of Counties for the term October 1, 2000 through September 30, 2001, and
any appropriate action - County Judge. (Briefing 6-20-00)

BUDGET

8.A) Approval of Budget Amendment Request #101830 for Contract Labor for County Judge in the amount of $2,000 - County Judge. (Briefing 6-20-00)

8.B) Approval of Budget Amendment Request 101850 for Salary, Assistants for Public Health-Clinical in the amount of $11,445 - County Judge. (Briefing 6-20-00)

8.C) Approval of Budget Amendment Request #101880 for Court Appointed Attorneys-Juvenile for County Court at Law #1 in the amount of $30,000 - County Judge. (Briefing 6-20-00)

8.D) Approval of Budget Amendment Request #101890 for Consultant Fees for Right of Way in the amount of $57,450 - County Judge. (Briefing 6-20-00)

8.E) Approval of Budget Amendment Request #101900 for repair and maintenance for New Courts Building in the amount of $6,630 - County Judge.

8.F) Approval of Budget Amendment Request #101930 for tires and tubes for License and Weight in the amount of $500 - County Judge.

ITEM 9 HUMAN RESOURCES

B) Approve changes to the job descriptions for the Chief Deputy, Sergeant, License & Weight Deputy and License & Weight Sergeant in the Constable #2 Office - County Judge. (Briefing 6-20-00)

ITEM 10 COUNTY CLERK

10.A) Approve the minutes for June 13, 2000, Formal Session - County Judge.

ITEM 11 BOARDS & COMMITTEES

11.A) Approve the appointment of Jean Greenlaw to the Denton County Historical Commission - County Judge. (Briefing 6-20-00)

ITEM 13 NON-DEPARTMENTAL

13.A) Approve request from Constable, Precinct 2, to submit an application to the Texas Comptroller to assist with funding an Underage Tobacco Use Compliance Program - County Judge. (Briefing 6-20-00)

ITEM 14 LEGAL

14.B) Approval of Trade Contract Agreement No. 90-9650 between Denton County and CBS Mechanical, Inc., for the Pre-Trial Center Enforcement Center, Kitchen Expansion, Canopy Addition and
Security Enhancement for the Sheriff's Department - County Judge. (Briefing 6-20-00)

14.C) Approval of Trade Contract Agreement No. 90-9650 between Denton County and Air Communications Co., Inc., for the Pre-Trial Center Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancement for the Sheriff's Department - County Judge. (Briefing 6-20-00)

14.E) Approval of Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Argyle - County Judge. (Briefing 6-20-00)

Move to approve Consent Agenda with the exception of Item 9A by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0320

ITEM 6 COUNTY AUDITOR

Approval of Bill Report and the Auditor's Monthly Financial Report..
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS FROM THE GENERAL FUND:

To Texaco Refining & Marketing, $449.34, incorrect amount.

19 ADDITIONS TO THE GENERAL FUND (PLEASE REFER TO SUPPORT MATERIAL)

Move to approve amended Bill Report by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0321

ITEM 8 BUDGET

8.G) Approval of Budget Amendment Request #101960 for cars/small trucks for Constable, Precinct #3 in the amount of $20,587.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0322

8.H) Approval of Budget Amendment Request #101970 for Overtime-Cash Option for County Jail in the amount of $36,000 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0323

ITEM 9 HUMAN RESOURCES

9.A) Approval of Order Making Appointments. (The appointments for June 27, 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 Maker Appointments were approved: Patricia Lovette, Deputy Clerk-Support/Courts/County Clerk; Kimberly Shelton, Deputy Clerk II - Support/Courts/County Clerk; Tamangi Lewis, Detention Officer I/County Jail; Dean Asher, Detention Officer I/County Jail; Amanda Brown, Detention Officer I/County Jail; Richard Russell, Detention Officer I/County Jail; Sheila Bowles, 2nd Chair Misd. Prosecutor II/Criminal District Attorney; Archie Franklin, Driver/Equipment Operator/Centralized Road & Bridge; Cindy Dawn Hutson, Sergeant/Constable Pct.2; Stephen Salinas, Juvenile Corrections Officer/Juvenile Post Adjudication; Cindy Vandeventer, Juvenile Probation Officer/TJPC; Christina Bruce, Senior Clerk-Recording/County Clerk; Katherine Scott, Juvenile Corrections Officer/Juvenile Post Adjudication; Brad Simpkins, Deputy Fire Marshall/Investigator/Emergency Management; Barbara Belcher, Deputy Clerk-Support/Courts/County Clerk; Margarita Carrillo, Eligibility Worker/Primary Health Care Grant; Michelle Vera, Print/Mail Clerk/Print Mail.

Move to approve with the exceptions of 9A-9 and 9A-20 by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0324

9.A-9) Move to approve Order Making Appointment for Carisa Fischer, Senior Clerk/Criminal Courts/County Clerk by Judge Wilson, second by Comm. Jacobs.
Motion Carried 4-0-1(Armey abstained)
Court Order #00-0325

9.A-20) Move to approve Order Making Appointment for Mary Brockett, Administrative Technician/Centralized Road & Bridge by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0326

12.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

12.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.

Comm. Jacobs announced that the Town of Flower Mound will fund $350,000 of the $750,000 in local cost participation requested of the City of Grapevine by Denton County for the SH 121 Main Lane Improvements Project.

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

ITEM 13 NON-DEPARTMENTAL

13.B) Approval of request from Holly Matherly to use the Carrollton Government Center, Community Room, for interactive theatre workshops on the following Saturdays: July 8, August 19, September 9,
October 14, November 11, and December 9, 2000 from 11:30 a.m. until 12 midnight - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0327

ITEM 14 LEGAL

14.G) Approval of Order Clarifying Commissioners Court's Order No. 00-308, eliminating Justice of the Peace #7, by establishing an effective date and any appropriate action - County Judge.

Move to approve November 8, 2000 as the effective date for the dissolution of Justice of the Peace Precinct Seven, with this area being absorbed into Precinct Four, and authorization for the County Judge to sign the requisite submission to the Justice Department by Comm. Armey, second by Judge Wilson.
Motion Carried 5-0-0
Court Orde4 #00-0328

14.F) Approval of adoption of Resolution presented by the Citizens Budget Advisory Committee - County Judge. (Briefing 6-20-00

Move to approve by Judge Wilson, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0329

14.D) Approval of Service Agreement between Denton County, Texas and Christian Community Action - County Judge.

Move to approve by Comm. Armey, second by Comm. Krueger.

Move to amend the motion by Comm. Jacobs, that this agreement be reviewed by the Human Services Committee and this court seek their recommendation before taking any action.
Failed for lack of a second.

Motion Carried 4-0-1 (Jacobs abstained)
Court Order #00-0330

14.H) Approval of Resolution Requesting the Designation of an Extension of State Highway 170 from Interstate 35 West to US 287 by the Texas Department of Transportation - County Judge.

Move to approve by Comm. Carter, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0331

14.I) Approval of Resolution Requesting the Participation by the State of Texas Department of Transportation for Improvements to FM 1938 Interchange at SH 114 and FM 1938 Roadway Improvements from SH 114 to SH 1709 - County Judge.

Move to approve by Comm. Carter, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0332

14.J) Approval of Service Agreement between Denton County, Texas and The Provident Group, Inc., for Indoor Air Quality Evaluations and Testing - County Judge.

Move to approve by Judge Wilson, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0333

ITEM 16 RECESS

ITEM 17 RECONVENE

ITEM 15 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. Armey.
Motion Carried 5-0-0

COURT CONVENED IN EXECUTIVE SESSION
COURT RECONVENED IN FORMAL SESSION

COMMISSIONER KRUEGER WAS ABSENT FOR THE REMAINDER OF THE MEETING

15.A(1) Real Property: Texas Government Code, Section 551.072: Real Property - Commissioners Court.

Move to approve the recommendation of the District Attorney, Civil Division, of a revised contract for sale for the Bolivar property on the Lake Lewisville project as recommended by Ken Martin & Associates by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #00-0334

15.A(2) Move to approve the recommendation of the District Attorney, Civil Division, of the real estate sales contract for the property that is located at 510 Jones Street in Lewisville, Texas and authorization for the County Judge to sign the real estate sales contract by Comm. Jacobs, second by Comm. Armey.
Motion Carried 4-0-0
Court Order $00-0335

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

15.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.

15.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.

15.F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); R3M, Inc. - County Judge.
15.G) Consultation with Attorney, Pending Litigation pursuant to Section 551.07(1)(A), Government Code, Howard v. Denton County; In the 16th District Court of Denton County, Texas Cause no. 98-10795-
16.
NO ACTION ON ITEMS 15B, 15C, 15D, 15F & 15G

15.E) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. Mike Davis and Cross Custom Home, Inc. - County Judge.

Move to approve the recommendation of the District Attorney, Civil Division, that this contemplated litigation be referred to the District Attorney's office for enforcement of the County Subdivision Rules and Regulations by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0336

ITEM 18 ADJOURNMENT