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.

October 10, 2000

Be it remembered that Commissioners Court of Denton County, Texas met on this the 10th day of October, 2000 with Judge Kirk Wilson presiding. Commissioners Scott Armey, Sandy Jacobs, Jim Carter 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 Captain Jack Watkins of the Salvation Army and was followed by the Pledges of Allegiance to the American and Texas Flags led by Kelly Zwinggi, newly appointed Director of Centralized Road & Bridge.

Captain Watkins: Heavenly Father, we love You this morning. We thank You for the many blessings that You give each day of our lives and we thank You for Your love and kindness each day. Heavenly Father, we thank You for the Commissioners Court this morning, the decisions and the work that they do. I just ask You continue to be with Judge Kirk Wilson, also the decisions that he has to make here in Denton. I just ask You this morning to be with all of the people, the problems and the things that they bring in. I just ask You to be with Sanger this morning, the decisions that's going to have to be made in Sanger. I just ask You this morning to let us have a good day in Your name. I just ask this in Jesus Christ's holy name. Amen.

ITEM 2 PUBLIC INPUT

Mildred Hawk questioned the fairness of the book loan policy in the Courthouse on the Square Museum. She also asked for some delineation between the budgets of the Historical Commission and that of the Museum.

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.)

ADDITIONS TO THE GENERAL FUND:

1. $50.00 to Human Resources for Employee Picnic-Gift Certificate to Chili's;
2. $50.00 to Human Resources for Employee Picnic-Gift Certificate to Outback Steakhouse;
3. $1,561.45 to Human Resources for Employee Picnic-T shirts to San Bay Studio;
4. $18,500.00 to Tax A/C for Tax Statements Service to Compass Print & Mail Services;
5. $75.00 to Civil D.A. for Service Fee/Citation to El Paso County Sheriff;

ONE ADDITION TO THE JUVENILE PROBATION DEPT:

$800.00 for Registration Fee for N. Montgomer to Handle with Care;

ONE ADDITION TO THE TEXAS NARCOTICS CONTROL PROGRAM GRANT FUND:

$581.84 for September Utilities to the City of Denton Utilities.

Move to approve Bill Report, as amended, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0620

ITEM 3 PUBLIC HEARING

3.A) Public Hearing on Petition Requesting Creation of Denton County Development District No. 7 and approve Order Upon Hearing and Granting Petition Requesting the Creation of Denton County Development District No. 7 and appointing Temporary Directors - Commissioners Court.

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

Frank Van Court, attorney for the law firm of Leonard Hurt Frost Lilly & Levin, Austin, Texas, presented the petition and introduced Edwin Pickett, the developer, and Jeff Crannell, the engineer.

Dick Tedrow, Denton, Texas, spoke against the residential segment of all CDDs.
Kay & Bob Goodman, Sanger, Texas, wrote their protests of all CDDs.
Joyce Lynch & Faye Hughes requested that Commissioners Court postpone their action on this petition until the ruling from the State Attorney General comes down.

Tom Spencer, Shady Shores, Texas, also requested that the court wait for the opinion of the Attorney General.
William Taylor supports CDDs but voiced his concern about the roads and increased traffic. He also questioned the court as to the rush to get the CDDs approved in a short period of time.

Marsha Casteen. Flower Mound, Texas, asked the court to wait on the Attorney General's opinion.
Reverend Roosevelt Johnson, Jr., The Colony, Texas, asked the court if additional medical facilities were also in the proposal for this CDD and if an environmental study had been taken on the land proposed for the CDD.

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

Move to approve Petition by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0621

3.B) Public Hearing on Petition Requesting Creation of Denton County Development District No 8 and approval of the Order Upon Hearing and Granting Petition Requesting the Creation of Denton County Development District No. 8 and appointing Temporary Directors - Commissioners Court.

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

Selvin Green, president and managing partner of Solomon, Baruch & Solomon of New York City, New York, presented the project's name as "Heritage Resort & Conference Center, featuring the Links on Clear Creek" and introduced the following: Jim Carrillo, planner with Halff & Associates; Dennis Chovan, civil engineer with Halff & Associates; Jerry Swartz, with the firm Pergolis Swartz Associates, New York City; Karin Werness with BancOne Capital, Houston, Texas, investment banker; Jack Smith, Sanger City Manager; Charles Fenoglio, president, Sanger Bank; John Springer, lifetime resident of Sanger; and Gordon Hikel, associate attorney for Hayes, Coffey & Berry, LLC, Denton, Texas, representing the petitioner.

Monica Antonelli, Denton, Texas, wrote her opposition to CDD #8.
Ted Carthel, Denton, Texas, asked for a moratorium on all CDDs.;
Ray Roberts, Denton, Texas, voiced his opposition to all CDDs.
Janna Cott, Flower Mound, Texas, asked the court that it appeared they were ram-rodding CDD's through the process.

Joey Copeland, Sanger, Texas, spoke against CDD #8 as did Nancy C. Stevens of Sanger, Texas.
Kathryn Dodd, Sanger, Texas, voiced her opposition to CDD #8.
Sharon Copeland, Sanger, Texas, asked the court how the developer would change Sanger from a dry to wet town.

Ken Cornell, Sanger, Texas, indicated on his Public Input form that he is against CDD #8.
Linda Hartman, Sanger, Texas, requested information on the proposal that McReynolds Road would eventually be six lanes. She voiced her opposition to this CDD.
Sherry Withey, Sanger, Texas, asked the court to use their authority wisely.

Roosevelt Johnson, Jr. stated his opposition not to economic development but to the vehicle that is being used to bring in economic development.
Russell Browning, Sanger, Texas, asked where the sewage disposal plant would be located.

Mary Stockard, Sanger, Texas, and landowner, recorded her position in favor of CDD #8.
Michael Wallace, general manager of the Marina on Lake Ray Roberts, gave his support for CDD #8.
Joe Stockard, landowner in Sanger, Texas, said he is in favor of the creation of CDD #8.
Richard Vickorman, manager of the Lighthouse Restaurant on the Marina, gave his support.
Don Blackwood commended Commissioners Court for following the law as written by the state legislature.

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

Move to approve petition by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0622

ITEM 14 NON-DEPARTMENTAL

14.A) Recognition of past County Commissioner Ernest Hilliard - Commissioner, Precinct Two. (Briefing 10-3-00)

Move to approve by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0623

ITEM 9 HUMAN RESOURCES

9.G) Approve the resolutions honoring the Employee of the Year finalists and winner - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0624

COMM. JACOBS EXCUSED HERSELF FROM THE REMAINDER OF THE PROCEEDINGS.

ITEM 4 CONSENT AGENDA

TREASURER

6.A) Approval of Payroll.

PURCHASING

7.B) Approval of report on proceeds from Surplus Auction held in conjunction with the City of Denton on Thursday, August 31, 2000, and any appropriate action - County Judge. (Briefing 10-3-00)

7.C) Approval to declare miscellaneous computer equipment surplus, authorize a Sealed Bid Sale, advertising, and any appropriate action - County Judge. (Briefing 10-3-00)

7.D) Approval to reject all bids for Denton County Courts Building, Glass and Glazing, Bid #05-00-1346, and any appropriate action - County Judge. Briefing 10-3-00)

7.E) Approval to reject all bids for Denton County Courts Building, Terrazzo, Bid #05-00-1350, and any appropriate action - County Judge. (Briefing 10-3-00)

BUDGET

8.A) Approval of Budget Amendment Request #100040 to increase revenues, allocate expenditures, transfer funds from Non-Departmental Unappropriated Contingency and the creation of new line items for county purposes for FY 2000-2001 for salary, assistants/benefits and various line items for Criminal District Attorney DWI Prosecution Unit Grant in the amount of $176,613 - County Judge. (Briefing 10-3-00)

8.B) Approval of Budget Amendment Request #100010 to increase revenues and allocate expenditures for salary, assistants/benefits for County Jail in the amount of $73,686 - County Judge. (Briefing 10-3-00)

8.C) Approval of Budget Amendment Request #100020 to increase revenues, allocate expenditures, and the creation of new line items for county purposes for FY 2000-2001 for salary, assistants/benefits for Sheriff's Office Greeenbelt/Public Safety Grant in the amount of $189,265 - County Judge. (Briefing 10-3-00)

HUMAN RESOURCES

9.A) Approval of Order Making Appointments. (The appointments for October 10, 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: Lori Linn,
Asst. Chief Deputy/Courts/County Clerk; Holly Sprabary, Asst. Chief Deputy/Civil/Probate/Mental Health./County Clerk; Debbie Green, Deputy Clerk/Support Courts/County Clerk; Derek Dean, Purchasing & Inventory Control Specialist/County Operations; Tracy Ho, Misdemeanor Prosecutor II-FV/DA-Family Violence Expansion Grant; Nancy Ashwill, Juvenile Corrections Officer/Juvenile Post Adjudication; Jennifer Smirl, Juvenile Probation Officer/Juvenile Detention; Holly Vaughn, Juvenile Corrections Officer/Juvenile Post Adjudication; Joseph Thomas, Shift Leader/Juvenile Detention; Charley Smith, Shift Leader/Juvenile Detention; Lawanda Patterson, Shift Leader/Juvenile Detention; Jesse Curiel, Shift Leader/Juvenile Detention; Clyde Williamson, Shift Leader/Juvenile Detention; Darcea Handy, Health Technician/Education/Innovation Grant; Jamie Westbrook, Mechanic/Welder/Centralized Road & Bridge; Erika Minor, Administrative Secretary/County Judge; Tommy Naylor, Detention Officer I/County Jail; Michael Proffer, Detention Officer I/County Jail; Shannon Ritchie, Detention Officer I/County Jail; Maury Wheeler, Detention Officer I/County Jail; Brian Nelson, Deputy Sheriff/Greenbelt/Public Safety Grant; William Rogers, Sergeant/Asst. Commander/Task Force Grant; Bob Garsee, Chaplain Asst./County Jail; Terry Johnson, Chaplain Asst./County Jail.

9.B) Approve salary adjustment for Kimberly Shelton (slot #018-CK), County Clerk - County Judge. (Briefing 10-3-00)

9.C) Approve changing a Machinist/Fabrication Specialist II (slot #053-RW, grade 19) position into a Diesel Mechanic (grade 19) position, Public Works Department - County Judge. (Briefing 10-3-00)

9.D) Approve the adoption of a Telecommuting Policy (#2.22) - County Judge. (Briefing 10-3-00)

9.E) Approve revisions to policy #3.7-Holidays - County Judge. (Briefing 10-3-00)

SHERIFF

11.A) Accept the "Certification of Substantial Completion" for the new Medium Security Barracks at 1410 Troy H. LaGrone Drive - County Judge. (Briefing 10-3-00)

11. B) Approve request to authorize Sheriff Lucas to submit an application to the Office of the Governor-Criminal Justice Division to assist with funding a CRIMINAL INTELLIGENCE ANALYSIS UNIT and to accept such funding if awarded - County Judge. (Briefing 10-3-00)

COUNTY PLANNING

12.A) Approve October 31, 2000 at 9:15 A.M. as date and time to conduct a Public Hearing to consider and approve revisions to the Lake Ray Roberts Land Use Ordinance as requested by the City of Denton and recommended by the Lake Ray Roberts Planning and Zoning Commission - County Judge. (Briefing 10-3-00)

12. B) Approve October 31, 2000 at 9:20 A.M. as date and time to conduct a Public Hearing to consider and approve revisions to the Lake Ray Roberts Land Use Ordinance as requested by Tom & Diane Kinzer, and recommended by the Lake Ray Roberts Planning and Zoning Commission - County Judge. (Briefing 10-3-00)

12. C) Approve Final Plat for Ponderosa Estates, Lots 1 - 9, Precinct Four - County Judge.

LEGAL

15.B) Approve the Interlocal Cooperation Agreement for Narcotics and Controlled Substance Inspections with the Denton State School - County Judge. (Briefing 10-3-00)

15.C) Approval of: a) the Project for Signal Installation at SH 121 and Morningstar, Intersection Improvements at FM 423 and North Colony Blvd., and SH 121 and Paige Road, and b) the Interlocal Cooperation Agreement between the City of The Colony and Denton County, Texas, for Signal Installation at SH 121 and Morningstar, Intersection and Intersection Improvements at FM 423 and North Colony Blvd., and SH 121 and Paige Road - County Judge. (Briefing 10-3-00)

15. D) Approval of additional funds for the Contract between Denton County, Texas and NTB Associates, Inc., for the US 377 Intersection Project - County Judge. (Briefing 10-3-00)

15. E) Approval of Extension of 60 days to complete work under the Contract between Denton County, Texas and Dannenbaum Engineering Corporation, for Engineering Services for IH35 Widening Project - County Judge. (Briefing 10-3-00)

15. F) Approval of: a) the Project for Road Reconstruction of Moseley Road, Historic Lane and Tipps Road, and b) the Interlocal Cooperation Agreement between the Town of Cross Roads and Denton County, Texas, for Road Reconstruction of Moseley Road, Historic Lane and Tipps Road - County Judge. (Briefing 10-3-00)

15.G) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County and Denton County Road Utility District #1 - County Judge. (Briefing 10-3-00)

15.H) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County and Corinth Municipal Utility District - County Judge. (Briefing 10-3-00)

15. I) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County and Denton County Fire District #1 - County Judge. (Briefing 10-3-00)

15. J) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Ponder - County Judge. (Briefing 10-3-00)

15. K) Approval of Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Corinth - County Judge. (Briefing 10-3-00)

15. M) Approval of additional funds for the Contract between Denton County, Texas and Kenneth D. Martin & Associates, P.C. for the Lewisville Lake Bridge - County Judge. (Briefing 10-3-00)

15.N) Approval of the Trade Contract Agreement No. 90-9523 between Denton County and King & Company, Inc., for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge. (Briefing 10-3-00)

Move to approve Consent Agenda by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0625

ITEM 17 RECESS

ITEM 18 RECONVENE 1:53 PM

ITEM 10 ELECTION DEPARTMENT

10.A) Approval of staff recommendations for election judges, alternates and polling sites for the election year 2001 - Commissioners Court.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0626

10.B) Approve the Canvassing of Votes for October 7, 2000 Local Option Election, City of Roanoke and any appropriate action - County Judge.

Move to approve the certification by the Elections Administrator of the number of ballots cast in the Local Option Election held in the City of Roanoke on October 7, 2000, and that the issue of the legal sale of beer and wine for off-premise consumption only passed by a vote of 345 FOR and 314 AGAINST by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0627

ITEM 13 STANDING ITEMS

13.A) Approval of any appropriate action regarding project development, construction progress, and change orders to Denton County Building Projects - Commissioners Court.

NO ACTION

13.B) Approval of any appropriate action regarding ongoing, planned, and proposed county and state transportation projects - Commissioners Court.

NO ACTION

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

Move to approve the appointment of Benjamin Grooves to the Veterans Advisory Board by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0628

13.D) Approval of any action regarding the 77th Legislative Session - Commissioners Court.

NO ACTION

13.E) 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 for an enforcement period of seven (7) days by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0629

15.L) Approval of : a) Ratification of the Selection Process and designation of Teague Nall and Perkins as the most qualified for Surveying and Engineering Services for FM 455 Improvements, and b) agreement between Denton County, Texas and Teague Nall and Perkins for Surveying Engineering Services for FM 455 Improvements - County Judge. (Briefing 10-3-00)

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0630

15.O) Approval of minor changes to Resolution of the Commissioners Court to Denton County, Texas, consenting to the Financing or Refinancing of a Health Facility, and the incurrence of loans for that purpose, authorizing the County Judge to approve the loans and the project in accordance with Internal Revenue Code Section 147(f) and Ratification of Actions taken by the Civil Division of the Denton County Criminal District Attorney's Office contingent upon approval of all affected governmental agencies - County Judge. (Briefing 10-3-00)

Move to approve by Judge Wilson, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0631

15.P) Approval of the Contract No. 04-00-1331 between Denton County and Automated Cable Services, Inc., for Cabling of the Fourth Floor of the Denton County Courts Building - County Judge.

RETURN TO LATER IN THIS SESSION

ITEM 7 PURCHASING

7.A) Approval of recommendations from the Alternative Fuels Committee for purchase of vehicles in FY2001 budget to comply with §382.134 of the Health and Safety Code, and any appropriate action - County Judge. (Briefing 10-3-00)

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0632

7.F) Approval of purchase of voice & data cabling for the Medium Security Barracks from Jail Expansion Bond Funds, any appropriate action - County Judge.

Move to approve by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0633

ITEM 9 HUMAN RESOURCES

9.F) Approve revision to Policy #7.3, Job Opportunity Listings - County Judge. (Briefing 10-3-00)

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0634

9.H) Approval of changes to the job description for Corporal/Administration in the Sheriff's Department - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0635

15.P) Approval of the Contract No. 04-00-1331 between Denton County and Automated Cable Services, Inc., for Cabling of the Fourth Floor of the Denton County Courts Building - County Judge.

Move to approve by Judge Wilson, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0636

ITEM 17 RECESS

ITEM 18 RECONVENE

ITEM 16 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. Krueger, second by Comm. Armey.
Motion Carried 4-0-0

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

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

16.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.

NO ACTION ON ITEMS 16A THROUGH 16C

ITEM 19 ADJOURNMENT

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

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