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.

August 22, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 22nd day of August, 2000, with Judge Kirk Wilson presiding. Commissioners Scott Armey, Sandy Jacobs, Jeff Krueger 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 Pastor William LaBarr of the Lake Cities Methodist Church and was followed by the Pledges of Allegiance to the American and Texas Flags led by Chief Jimmy Vann, Administrative Chief of the Mayhill-Cooper Creek Volunteer Fire Department.

Pastor LaBarr: Oh God, our Guide and our Guardian, You have led us apart from the hot and busy world into the coolness and solitude of these chambers. Let us not be lulled into complacency by our surroundings. Grant us grace to be about our business and the power of the Spirit and in the truth of Your gospel. May our work be to the comfort of our souls and to the upbuilding of every good purpose and desire. Enable us to do more perfectly the work to which You have called us, that we may not fear the coming of night when we shall resign into Your hands the task which You have committed to us. Help us to not be frivolous, but in our word and deeds let us be mindful of the great responsibility which rests upon our shoulders. Through Jesus Christ, our Lord, we pray. Amen.

ITEM 2 PUBLIC INPUT

Judge Wilson read a letter to the court from Brian Hecht, President of the Denton County Fire Chief's Association, supporting the Commissioners Court financial assistance of $25,000 to the Mayhill-Cooper Creek Volunteer Fire Department..
Chief Jimmy Vann, Administrative Chief for the Mayhill-Cooper Creek V.F.D., thanked the court for their continued and generous support.

ITEM 4 CONSENT AGENDA

COUNTY AUDITOR

5.B) Approve the County Investment Report for the Quarter Ended June 30, 2000 - County Judge. (Briefing 8-15-00)

PURCHASING

6.A) Approval of award of bid for Batteries, Bid #06-00-1378, to Ken Owens Battery Co., and any appropriate action - County Judge. (Briefing 8-15-00)

6.B) Approval of specifications and authority to advertise for Fire and Emergency Medical Services Collection, RFP #03-00-1326, and any appropriate action - County Judge. (Briefing 8-15-00)

BUDGET

7.A) Approval of Budget Amendment Request #102330 for radios and radars for Constable, Precinct #6 in the amount of $2,320 - County Judge. (Briefing 8-15-00)

7.B) Approval of Budget Amendment Request #102340 for radio repair for License and Weights in the amount of $2,644 - County Judge. (Briefing 8-15-00)

7.C) Approval of Budget Amendment Request #102370 for prior year purchases for Constable, Precinct #3 and Constable, Precinct #6 in the amount of $1,960 - County Judge. (Briefing 8-15-00)

7.D) Approval of Budget Amendment Request #102430 for various line items for Public Health-Clinical and Public Health-Environmental in the amount of $6,375 - County Judge.

7.E) Approval of Budget Amendment Request #102440 for various line items for various County Buildings in the amount of $55,608 - County Judge.

7.F) Approval of Budget Amendment Request #102450 for Substitute Court Reporter for County Court at Law #1 in the amount of $2,000 - County Judge.

7.G) Approval of Budget Amendment Request #102460 for gasoline and compressed natural gas for Constable, Precinct #1 in the amount of $1,900 - County Judge.

7.H) Approval of Budget Amendment Request #102470 for car allowance and office supplies for Information Services in the amount of $2,028 - County Judge.

7.I) Approval of Budget Amendment Request #102480 for various line items for Computer Systems/County-Wide in the amount of $46,579 - County Judge.

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (The appointments for August 22, 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: Clinton Fox, Detention Officer I/County Jail; Valcour Dominick, Detention Officer I/County Jail; Johnny Copley, Detention Officer I/County Jail; Maranda Funderburg, Detention Officer I/County Jail; Keith Coulter, Detention Officer I/County Jail; Kevin Ancelet, Detention Officer I/County Jail; Kimberly Butler, Asst. Juvenile Probation Officer/Juvenile Probation; Shawna Hatfield, Deputy Clerk/MV/Tax Assessor/Collector; Charlotte Held, Deputy Clerk/MV/Tax Assessor/Collector; James Cook, Driver/Equipment Operator/Centralized Road & Bridge; Brian Roberts, Systems Support Specialist/Information Systems; Caren Napier, Detention Sergeant/Medical/Jail Health; Jennifer Jones, Chief Administrative Assistant/CDA/Civil Div.; Sherry Bentley, Administrative Secretary/Criminal District Attorney; David Phelps, Service Writer/Parts Specialist/Vehicle Maintenance; Georgia Kuntz, Deputy Clerk/MV/Tax Assessor/Collector; Janet Thurmond, Intern/County Clerk; Vicki Oppenheim, P-T GIS Intern/County Planning.

COUNTY CLERK

9.A) Approve the minutes for August 8, 2000, Formal Session - County Judge. (Briefing 8-15-00)

SHERIFF

11.A) Accept the Denton County Sheriff's Office Forfeitures Fund Budget for Budget 2000/2001 per Article 59.06 (Code of Criminal Procedure), "Disposition of Forfeited Property" - County Judge. (Briefing 8-15-00)

COUNTY PLANNING

13.A) Approve Final Plat for Temple Dane Pump Station, Precinct One - County Judge.

LEGAL

16.B) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Shady Shores - County Judge. (Briefing 8 & 15, 00)

16.C) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Double Oak - County Judge. (Briefing 8-8 &18, 00)

16.D) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Northlake - County Judge. (Briefing 8-8 & 15-00)

16.E) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Copper Canyon - County Judge. (Briefing 8-8 & 15-00)

16.F) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of Highland Village - County Judge. (Briefing 8-8 & 15-00)

16.G) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Hackberry - County Judge. (Briefing 8-8 & 15-00)

16.H) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of Lakewood Village - County Judge. (Briefing 8-8 & 15-00)

16.I) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of Lewisville - County Judge. (Briefing 8-8 & 15-00)

16.J) Approval of Interlocal Agreement for Tax Collection between Denton County and Krum I.S.D. - County Judge. (Briefing 8-8 & 15-00)

16.K) Approval of Interlocal Agreement for Tax Collection between Denton County and Lewisville I.S.D. - County Judge. (Briefing 8-8 & 15-00)

16.L) Approval of Interlocal Agreement for Tax Collection between Denton County and Aubrey I.S.D. - County Judge. (Briefing 8-8 & 15-00)

16.M) Approval of Interlocal Agreement for Tax Collection between Denton County and Denton I.S.D. County Judge. (Briefing 8-8 & 15-00)

16.N) Approval of Interlocal Cooperation Agreement with the City of Denton for Animal Control Services - County Judge. (Briefing 8-15-00)

16.O) Approval of the Trade Contract Agreement No. 90-9508 between Denton County and Southern Glass & Mirror for Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge. (Briefing 8-15-00)

16.P) Approval of the Trade Contract Agreement No. 90-9620 between Denton County and Hallman and Keele, Inc., for Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge. (Briefing 8-15-00)

Move to approve the Consent Agenda by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order #00-0503

ITEM 5 COUNTY AUDITOR

5.A) Approval of Bill Report and Acceptance of the Auditor's Monthly Financial Report for July 2000.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS FROM PUBLIC HEALTH:

$856.96 to Medical Laboratories, Inc., wrong amount;
$883.30 to Medical Laboratories, Inc., wrong amount.

ADDITIONS:

To General - Jail, $3,668.75 to Bank of America for Prisoner Transport;
To CSCD, $75.00 to Tyler Travel Advance for Shane Bragg;
To TNCP, $400.34 to City of Denton Utilities for June Utilities;
To '99 Road Const., $176,897.73 to Jagoe-Public Co. for Road Construction.

Move to approve the amended Bill Report by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0504

ITEM 3 PUBLIC HEARINGS

3.A) Approve the re-zoning from AG(Agricultural) to R-2(Residential Medium Density) of approximately 198 acres in Abstract 29, Tracts 30, 31 & 32 as requested by Mr. Jerry Campbell and recommended by the Lake Ray Roberts Planning and Zoning Commission - County Judge.

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

No one came forward to speak either for or against.

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

Move to approve the re-zoning by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0505

3.B) Approve the issuance of one Special Use Permit for an Accessory Dwelling Unit and one Special Use Permit for a used manufactured home, in all one dwelling only, in Abstract 497, as requested by Mr. & Mrs. Roy Donn and recommended by the Lake Ray Roberts Planning and Zoning Commission - County Judge.

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

No one came forward to speak either for or against.

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

Move to approve the issuance by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0506

ITEM 10 ELECTION DEPARTMENT

10.A) Approval of Denton County Law Enforcement Association petitions and non-binding employee salary referendum for the November 7 General Election ballot - County Judge.

Move to accept the 8,000 signatures from the Denton County Law Enforcement Association as a testament to the interest and support for this ballot item and approve the second version of the wording for a non-binding referendum to be placed on the November 7, 2000 ballot in the general election by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0507

ITEM 12 CENTRALIZED ROAD & BRIDGE

12.A) FOR RECORDING PURPOSES ONLY - Approval of the Road Superintendent Report for the months of June & July, 2000 - County Judge.

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.

(1) Move to approve the appointment of Mrs. Lorraine Perry to the Denton County Child Protective Services by Comm. Armey, second by Comm. Jacobs. (This appointment is contingent upon the applicant passing the background check.)
Motion Carried 5-0-0
Court Order #00-0508

(2) Move to approve the appointments of Mr. Thomas S. Yoder and Ms. Cassandra Woods to the Building Property Sub-committee, the reappointment of Mr. Don White to the Citizens Budget Advisory Committee, Jim Carter to the Industrial Development Corporation, Ms. Dawn Lowery to the Health Advisory Committee, the reappointment of Lonnie Yarbrough to the Health Advisory Committee, and the reappointment of Mr. Peter Lane to the MHMR Board of Trustees by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0509

(3) Move to approve the reappointment of Dr. Allen Groff and Mr. Al Brown to the Denton County 911 Board by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0510

(4) Move to reappoint Patti Dunn to the MHMR Board of Trustees by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0511

14.D) Approve instating a Local Disaster Declaration for Threat of Wildland Fires in Denton County due to drought conditions - Commissioners Court.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0512

14.E) Approval of any action related to the 77th Legislative Session - Commissioners Court.

Comm. Jacobs suggested that the county exchange legislative packets amongst the various Chambers of Commerce within the county.

ITEM 15 NON-DEPARTMENTAL

15.A) Approval of Resolution in support of Legislation creating a Civil Statutory County Court to be styled Denton County Civil Court to accept the transfer of civil cases resulting from Legislative Initiative to Standardize the Jurisdiction of Statutory Probate Courts in Texas and requesting an effective date of May 1, 2002 - County Judge.

15.A)(1) Commissioners Court supports Senator Wentworth's Legislative Initiative to standardize the jurisdiction of Statutory Probate Courts in Texas and request an effective date of May 1, 2002 for this legislative initiative by Comm. Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0513

15.A) (2) Commissioners Court supports legislation creating a civil statutory county court to be styled Denton County Civil Court by Comm. Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0514

15.B) Approval of the Preliminary Site Study Scheme E for the Juvenile Justice Alternative Education
Project - County Judge.

POSTPONED

ITEM 16 LEGAL

16.Q) Approval of assignment of Tax Abatement Agreement between Denton County, Texas and AIL Investment, L.P., to SunTrust Banks, Inc. - County Judge.

POSTPONED

ITEM 18 RECESS

ITEM 19 RECONVENE

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 by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0

COURT CONVENED IN EXECUTIVE SESSION

COURT RECONVENED IN FORMAL SESSION WITH COMM. KRUEGER AS PRESIDING OFFICER WITH JUDGE WILSON AND COMM. CARTER ABSENT

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

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

17.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.

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.

17.E) Consultation with Attorney: Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Johnson v. Denton County; 362nd Judicial District Court; Cause No. 96-50300-367; Appellate #00-0053 - County Judge.

NO ACTION ON ITEMS 17.A THROUGH 17.E

17.F) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss potential litigation re: Claim of William Lasater - County Judge.

Move to assign this matter to the Civil District Attorney/Sheriff's Counsel and authorize the Civil D.A./Sheriff's Counsel to deny claim of William Lasater by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order #00-0515

17.G) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code, McBrayer v. Denton County in the U.S. District Court for the Eastern District of Texas, Sherman Division, Case No. 4:00cv285 - County Judge.

17.H) 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 ON ITEMS 17.G & 17.H

17. I) 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-97-007777-C pending in the Probate Court of Denton County, Texas - County Judge.

Move to approve recommendation of the District Attorney, Civil Division, that the court
authorize the Civil Commission to appeal the denial of this court's plea to the jurisdiction
and take an interlocutory appeal to the Second Court of Appeals by Comm. Jacobs, second by Comm. Armey.
Motion Carried 3-0-0
Court Order #00-0516

17.J) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A),
Government Code Howard v. Denton County; 16th Judicial District Court; Cause no. 98-10795-16 - County Judge.

NO ACTION

ITEM 20 ADJOURNMENT

Move to adjourn by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0

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