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 29, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 29th day of August, 2000 with Judge Kirk Wilson presiding. Commissioners Jim Carter, Scott Armey, Sandy Jacobs and Jeff Krueger were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Corporal William Rogers of the Denton County Sheriff's Office and was followed by the Pledges of Allegiance to the American and Texas Flags led by Jody Gonzalez, Denton County Fire Marshal.

Corp. Rogers: Most Merciful Father, we pray that Thou would hear the petitions of Your faithful and that every prayer for intercession and relief be granted and that Your loving hand will comfort those whose hearts are troubled. We lift up those who are ill or in pain, especially Matthew Johnson, son of our Commissioners Court Reporter. We ask that You be with those here assembled, that Your guidance will empower them, that Your justice will strengthen them, and that Your loving arms will enfold them so that the work we set out to de here will be done to Your good. All this and the prayers that are unspoken in our hearts, we pray through our Redeemer. Amen.

ITEM 2 PUBLIC INPUT

Dessie Goodsen of Denton, Texas, gave the court her opinion on jail operations and jailers.

ITEM 3 PUBLIC HEARING

3.A) Approval of Order Upon Hearing and Granting Petition requesting the Creation of Denton County Fresh Water District No. 9 and any appropriate action - County Judge. (Briefing 8-22-00)

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

Alan H. Raynor, Attorney at Law, presented the Order and Petition giving the court jurisdiction and introduced the following speakers: Phillip H. Huffines, representing the landowners, and Bob Petitt, Engineer.

Mr. Raynor announced the following persons as temporary supervisors: Charles Nick Chiodo, Jr., Douglas Roy Cravey, Jr., Randy W. Robinson, Douglas Eugene Tallent and James David Sanders.

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

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0517

ITEM 4 CONSENT AGENDA (Item 13B pulled)

TREASURER

6.A) Approval of Payroll.

BUDGET

8.A) Approval of Budget Amendment Request #102410 for various line items for Print/Mail Department in the amount of $9,174 - County Judge. (Briefing 8-22-00)

8.B) Approval of Budget Amendment Request #102420 for contract labor for Justice of the Peace, Precinct #6 in the amount of $1,400 - County Judge. (Briefing 8-22-00)

8.C) Approval of Budget Amendment Request #102490 for computers for County Clerk in the amount of $3,022 - County Judge. (Briefing 8-22-00)

8.D) Approval of Budget Amendment Request #102380 for Office Supplies for Child Protective Services in the amount of $4,000 - County Judge.

8.E) Approval of Budget Amendment Request #102510 for various line items for Constable, Precinct #4 in the amount of $1,660 - County Judge.

8.F) Approval of Budget Amendment Request #102520 for vehicle repairs and tires and tubes for License and Weights for Constable, Precinct #2 in the amount of $2,600 - County Judge.

8.G) Approval of Budget Amendment Request #102530 for parking lot repairs for The Colony Annex in the amount of $11,514 - County Judge.

8.H) Approval of Budget Amendment Request #102540 for Interpreters for Judiciary Court Support in the amount of $16,000 - County Judge.

8.I) Approval of Budget Amendment Request #102550 for Court Appointed Attorney-Family for 362nd District Court in the amount of $12,000 - County Judge.

8.J) Approval of Budget Amendment Request #102560 for surface treatment aggregate for Centralized Road & Bridge in the amount of $20,200 - County Judge

8.K) Approval of Budget Amendment Request #102570 for various line items for Juvenile Probation in the amount of $14,420 - County Judge.

8.L) Approval of Budget Amendment Request #102590 for various line items for Emergency Management in the amount of $2,570 - County Judge.

8.M) Approval of Budget Amendment Request #102610 for office supplies for 393rd District Court in the amount of $1,043 - County Judge.

HUMAN RESOURCES

9.A) Approval of Order Making Appointments. (The appointments for August 29, 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: Susan Kenney, Deputy Clerk/MV/Tax Assessor/Collector; Nacasta Sherman, Court Clerk/JP#2; Beth Hayes, Juvenile Legal Intern/DA/Serious & Habitual Juvenile Prosecution Grant; Robin Barrow, Administrative Technician/Task Force Grant; Travis Bigham, Detention Officer I/County Jail; William Deering, Detention Officer II/County Jail; Mark Norwood/Detention Officer I/County Jail; Stacey Holden, Communications Officer/Communications; Mary Stonecipher/D.O.II/Medical/Jail Health; Sara Tischler/Election/Voter Registration Clerk/Elections Administration; Natasha Adkins, Intern/CHOS Museum Tour & Preserv. Grant.

COUNTY CLERK

10.A) Approval of minutes for August 15, 2000, Formal Session - County Judge.

NON-DEPARTMENTAL

13.A) Approval of Certification of Transfer of Property to a Political Subdivision between Denton County and University of North Texas - County Judge. (Briefing 8-22-00)

13.C) Consider petition requesting the Creation of Denton County Development District No. 7 and Adopt Order Accepting Such Petition and Setting a Public Hearing for 9:00 a.m., October 10, 2000 - Commissioner, Precinct One. (Briefing 8-22-00)

LEGAL

14.C) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of The Colony - County Judge. (Briefing 8-22-00)

14.D) Approval of Interlocal Agreement for Tax Collection between Denton County and the Denton County Fresh Water District No. 1D- County Judge. (Briefing 8-22-00)

14.E) Approval of Interlocal Agreement for Tax Collection between Denton County and the Denton County Fresh Water District Water District No. 1B - County Judge. (Briefing 8-22-00)

14.F) Approval of Interlocal Agreement for Tax Collection between Denton County and the Town of Hickory Creek - County Judge. (Briefing 8-22-00)

14.G) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of Lake Dallas - County Judge. (Briefing 8-22-00)

14.H) Approval of Interlocal Agreement for Tax Collection between Denton County and the City of Krugerville - County Judge. (Briefing 8-22-00)

14.I) Approval of giving written notice to the University of North Texas of Denton County's exercise of its option to renew the Agreement for Alternative Dispute Resolution Services, and approval of Agreement - County Judge. (Briefing 8-22-00)

Move to approve Consent Agenda with the exception of Item 13B by Comm. Jacobs,
second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0518

ITEM 5 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.)

DELETIONS FROM GENERAL FUND:

$2,105.00 TO Brinks, Inc., incorrect amount.

ADDITIONS TO THE GENERAL FUND:

$20.00 to JP#6 Bond Account;
$420.00 to Harold Alexander for mobile phone reimbursement;
$150.00 to the Conference Fund, Judicial, for Judge of CCL#1 to attend a seminar.

ADDITIONS TO THE TEXAS NARCOTICS CONTROL GRANT FUND;

$465.00 to the Texas Dept. of Public Safety for computer expenses.

Move to approve Bill Report as amended by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0519

ITEM 7 PURCHASING

7.A) Approval of award of bid for Emulsified Asphalt, Bid #07-00-1387, to Koch Materials, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0520

ITEM 9 HUMAN RESOURCES

9.B) Approve changing the effective date of a new part-time Court Clerk position (grade 14) from October 1, 2000 to September 13, 2000 - JP, Pct. #6 - County Judge.

Move to approve by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0521

ITEM 11 ELECTIONS

11.A) Approval of staff recommendations for election judges, alternates and polling sites for the election year 2001 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0522

ITEM 12 STANDING ITEMS

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.

NO ACTION

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

Move to appoint Jack Miller to replace Dr. Groff on the DENCO 911 Board by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0523

Move to appoint Jim Carter to the Speedway TIF Board of Directors by Judge Wilson, second by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstained)
Court Order #00-0524

Move to re-appoint Dr. Bettye Myers to the Denton County MHMR Board of Trustees by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0525

12.E) (1)Approve instating a Local Disaster Declaration for Threat of Wildland Fires in Denton County due to drought conditions and any appropriate action - Commissioners Court.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0526

12.E) (2) Move to approve a resolution proclaiming the need for expansion of state assistance for readiness and response to wild fires by Comm. Krueger, second by Comm. Armey. Motion Carried 5-0-0
Court Order #00-0527

ITEM 13 NON-DEPARTMENTAL

13.B) Approval of the Centralized Road & Bridge crew digging up the asphalt around the Selby House so that landscaping can begin in the Fall - County Judge. (Briefing 8-22-00)

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0528

13.D) Approval of the Preliminary Site Study Scheme E for the Juvenile Justice Alternative Education Project - County Judge. (Formal 8-22-00)

POSTPONED

13.F) Approve lunch with Commissioners Court and various employees with representatives from Lantana, followed by a Ribbon Cutting at the Lantana Development, lunch will be at Christina's, 6424 Cross Timbers, Flower Mound, 12:30 p.m., Tuesday, August 29, 2000, Ceremony will be at the Lantana property on FM 407 - Commissioner, Precinct #4.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0529

13.C) Consider petition requesting the Creation of Denton County Development District No. 7 and Adopt Order Accepting Such Petition and Setting a Public Hearing for 9:00 a.m., October 10, 2000 - Commissioner, Precinct One. (Briefing 8-22-00)

Move to approve this particular item be pulled from the approved Consent items and its approval be rescinded for further clarification by Comm. Jacobs, second by Comm Krueger.
Motion Carried 5-0-0
Court Order #00-0530

13.E) Approval of a resolution supporting Architexas application to the Texas Historical Commission for the Texas Historic Courthouse Preservation Program and any appropriate action - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter with the recommendation that the Building and Properties Sub-committee work with the architects and the Building Maintenance Department to define opportunities for savings and efficiencies.
Motion Carried 5-0-0
Court Order #00-0531

13.G) Approve Public Facilities request to continue using Centralized Road & Bridge for equipment maintenance - County Judge

PULLED

ITEM 14 LEGAL

14.B) Approval of assignment of Tax Abatement Agreement between Denton County, Texas and AIL Investment, L.P., to Sun Trust Banks, Inc. - County Judge. (Formal 8-22-00)

Move to approve by Comm. Carter, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0532

ITEM 12 STANDING ITEMS

12.D) Approval of any action related the 77th Legislative Session - Commissioners Court.

Hank Scheible spoke to the court regarding veterans affair's legislation.

ITEM 16 RECESS

ITEM 17 RECONVENE

ITEM 3 PUBLIC HEARING

3.B) Public Hearing on the proposal to increase tax revenues from properties on the tax roll by 6.8% for tax year 2000 and schedule the adoption of the tax rate for Tuesday, September 5, 2000 at 11:15 a.m., at the Courthouse-on-the-Square in the Commissioners Courtroom, 401 West Hickory in Denton, Texas - County
Judge.

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

No one spoke for or against.

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

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0533

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.

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

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.
NO ACTION ON ITEMS 15A THROUGH 15D

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A), Rubber workers Local 307 Federal Credit Union v. Robert Eberhart, Individually and d/b/a Bob's Towing Company, Winter Motor Company, Inc.; Tranum-Duck, Inc. d/b/a Tranum County; Leslie Corbitt; Chase Manhattan Bank, USA, N.A.; Mary Horn (as Tax Assessor/Collector of Denton County, Texas); and Old Republic Surety Company, Cause No. GC-99-00664, pending in the Probate Court of Denton County, Texas - County Judge.

Move to assign this claim to the District Attorney, Civil Division by Comm. Krueger,
second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0534

ITEM 18 ADJOURNMENT

Move to adjourn by Comm. Carter, 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.