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 17, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 17th day of October, 2000, with Judge Kirk Wilson presiding. Commissioners Jacobs, Krueger, Carter & Armey were present, along with deputy clerk Alvin Hudson, when the following proceedings were had, to wit:

Court opened with an Invocation by Pastor John Payne of the Church of Christ in Sanger, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Tye DeBerry, Economic Development Director.

Pastor Payne: Our dear God, we thank You for the opportunity to be gathered here today to discuss the business of this County and to represent the citizens that live here and work here. Father, we know that all these people here today are looking out for the best interest of those that they represent and we just ask, Father, that Your wisdom and Your guidance be in front of them today. We ask, Father, that You will always keep Your Spirit alive in the leadership of this Country and in this County. We thank You, Father, for Godly people such as this that still have in their minds and in their hearts You and want to seek Your wisdom and Your counsel in the decisions that they make. We ask, Father, that You will bless them, their lives and their families. And we ask that You be with the decisions that they make today, that they will benefit all of those that are concerned with the affairs of this community and this County. Bless us, Father. Always let us know how much You love us. And we ask all of this in Your Son, Jesus Christ. Amen.

ITEM 2 PUBLIC INPUT

Carl Williams, President of the Denton County NAACP, stated that on August 12, 1999, the Denton County NAACP affirmed that they do not support the expenditure of any taxpayer money to the Confederate monument including paying for running water. He also presented a petition to be entered into the court's record, regarding support of the NAACP's affirmation.

Katherine Bell, Denton, Texas, also stated her opposition to restoration of the Confederate monument.

Charlie Heggins, Denton, Texas, stated her opposition to the existence of the monument.

Deborah Cosimo, Denton, Texas, presented a petition regarding purchase by the county of the Immaculate Conception Church School property on Bolivar.

Scott Utley , Celina, Texas, complained about a personnel matter.

ITEM 3 PUBLIC HEARING

3.B) Public Hearing on Petition Requesting Creation of Denton County Development District No 9 and approval of the Order Upon Hearing and Granting Petition Requesting the Creation of Denton County Development District No. 9 and appointing Temporary Directors - Commissioners Court.

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

Ron Berlin

Move to Recess and Reconvene this Public Hearing for November 7, 2000, at 9:00 am by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0

3.A) Public Hearing in compliance with the US Department of Justice Office of Justice Programs requirement in order to receive Local Law Enforcement Block Grant funding to consider and approve the allocation and intended purpose of FY 2000 LLEBG funds of $37,774 and the local cash match amount of $4,197, to wit: Mobile Wireless Data Transmission equipment for the Denton County Sheriff's Office and Investigative Equipment for the Denton County Criminal District Attorney's Office - County Judge.
(Briefing 10-10-00)

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

Captain Bob Powell of the Denton County Sheriff's office requested passage of this grant request.
Cami Sandifer, representative from the District Attorney's office, presented an amendment to the request regarding some budgetary changes.

Move to Close Public Hearing by Comm.
Motion Carried 5-0-0

Move to approve allocation by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0637

ITEM 4 CONSENT AGENDA (ITEM 10.A PULLED)

BUDGET

7.A) Approval of Budget Amendment #100030 to Decrease Revenues for Primary Health Care and Decrease Primary Health Care Expense for Public Health-Clinical in the amount of ($10,671). (Briefing 10-10-00)

7.B) Approval of Budget Amendment Request #100050 for various line items and the creation of new line items for county purposes for FY 2000-2001 for County Operations in the amount of $13,106 - County Judge. (Briefing 10-10-00)

7.C) Approval of Budget Amendment #100060 for Radios and Radars and Operating Supplies for License and Weights in the amount of $6,095 - County Judge. (Briefing 10-10-00)

7.D) Approval of Budget Amendment #100070 for Salary, Assistants/benefits for Criminal District Attorney DWI Prosecution Unit Grant in the amount of $4,876 - County Judge. (Briefing 10-10-00)

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (The appointments for October 17, 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: Michael Sullivan, Detention Officer I/County Jail; Lisa Scribner, Detention Officer I/County Jail; James Bland, Detention Officer I/County Jail; Derek Bridwell, Detention Officer I/County Jail; Charles Arnold, Deputy Sheriff/Greenbelt/Public Safety Grant; Andre Jordan, Juvenile Corrections Officer/Juvenile Post Adjudication; LaTerese Jordan, Juvenile Detention Officer/Juvenile Detention; Rachel Hessel, Juvenile Corrections Officer/Juvenile Post Adjudication; Lori Pyles, Juvenile Corrections Officer/Juvenile Post Adjudication; Jose Oropeza, Juvenile Corrections Officer/Juvenile Post Adjudication; Mark Harvey, Juvenile Corrections Officer/JJAEP; Forest Cartwright, Driver/Equipment Operator/Centralized Road & Bridge; Teri Fisher, Sr. Administrator/Criminal Court/County Clerk; Richard Maxwell, Deputy Constable/Constable Pct.4; Deneen Mack, Planning Technician I/County Planning; Kathryn Fuller, Detention Officer III/Medical/Jail Health; John Robert Moore, Misdemeanor Prosecutor II/Criminal District Attorney; Angela Milberger, Juvenile Probation Officer/Juvenile Detention; Chad Brooks, Juvenile Corrections Officer/Juvenile Post Adjudication.

COUNTY CLERK

9.A) Approval of minutes for October 3, 2000, Formal Session - County Judge.

HEALTH

11.A) Approval of the utilization of Texas Department of Health grant funding - County Judge. (Briefing 10-10-00)

SHERIFF

12.A) Approve the request from Sheriff Lucas for the county to submit a grant application to the Office of the Governor, Criminal Justice Division to fund vital portions of the North Central Texas Narcotics Task Force for the period June 1, 20001 through May 31, 2002 and to accept such funding if awarded - County Judge. (Briefing 10-10-00)

PUBLIC WORKS

13.A) Approve November 14, 2000 at 9:10 a.m. as date and time to conduct a public hearing to discuss revisions to the Lake Ray Roberts Land Use Ordinance as requested by Mr. Graig Irwin and Mr. Dale Irwin - County Judge. (Briefing 10-10-00)

NON-DEPARTMENTAL

15.A) Approval of consideration of filling vacancies on Denton County Development District #4 - Commissioner, Precinct #4. (Briefing 10-10-00)

LEGAL

16.C) Approval of Trade Contract Agreement No. 90-9523, Bid No. 03-00-1322, between Denton County and King & Company, Inc. for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition, and Security Enhancements - County Judge. (Briefing 10-10-00)

16.D) Approval of the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Flower Mound - County Judge. (Briefing 10-10-00)

16.E) Approval of Trade Contract Agreement No. 90-9665, Bid No.05-00-1363, between Denton County and RTS Enterprises, Inc., d/b/a R. Taylor Electric for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge. (Briefing 10-10-00)

Move to approve Consent Agenda with the exception of Item 10.A by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0638

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/Non-Departmental, $14,626.46 to Canyon Lake Ranch for Service Awards/Picnic;
To the General Fund/S.O. Communications, $129.36 to Cindy Russell for Austin Conference;
To the General Fund/Criminal District Attorney, $50.00 to TCOG/CJ for Denison Luncheon;
To CSCD, $167.00 to NASW-Texas Chapter for Registration Fee for Peggy Evans;
To CSCD, $365.00 to ATSA for Registration Fee for Sue Morrison;
To TNCP, $75.00 to Jim Baggett for Laredo Travel Advance;
To TNCP, $55.00 to LECC for Registration Fee for Jim Baggett;
To '92 Road Construction, $72,232.25 to Trammel Crow & United Copper for Geesling Road Improvements.

Move to approve Bill Report, as amended, by Comm. Carter, second by Comm. Armey.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0639

ITEM 6 PURCHASING

6.A) Approval of Exemption from Bidding for a Sole Source purchase of Document Imaging according to the provisions of Section 262.024(a)(7)(D) of the Local Government Code, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0640

ITEM 10 INFORMATION SERVICES

10.A) Approval of agreements with The Software Group for Document Imaging including 16 Document Capture Stations, Document Imaging Software, AbleView site license, BenchView site license, and Support Services - County Judge. (Briefing 10-10-00)

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0641

ITEM 14 STANDING ITEMS

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

NO ACTION

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

NO ACTION

14.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.

NO ACTION

ITEM 15 LEGAL

15.B) Approval of giving direction to Denton County's Bond Counsel and Financial Advisor to take preliminary steps and proceed with the appropriate actions necessary for the issuance of obligations pursuant to the 1999 Better, Safer Roads Bond Election and any appropriate action - Commissioners Court.

Move to approve by Comm. Jacobs, second by Judge Wilson.
Motion and second rescinded.
Will return to this item.

15.C) Approval of the appropriate type of debt instrument to fund contemplated County real estate acquisitions, improvements of other facilities projects, and debt obligations and to give direction to the Denton County's Bond Counsel and Financial Advisor to proceed with the necessary preliminary steps to issue the appropriate debt instrument and any appropriate action - County Judge.

15.C-1) Move to adopt a policy setting a limit on the amount of indebtedness that Commissioners Court may incur through certificates of obligation or tax notes to five (5) percent of the current year's budget (emergencies excepted) and to require an election whereby the taxpayers grant this authority to the court by Comm. Carter, second by Judge Wilson; amendment accepted by both motioner and seconder that this limit would apply only to non-voter approved property tax-supported debt.
Motion Carried 3-2-0 (Jacobs & Krueger, nay)
Court Order #00-0642

15.C-2) Move to approve that Commissioners Court instruct the County bond counsel and financial advisors to proceed forward with the necessary preliminary steps to issue the appropriate debt instrument in the amount of $2.140 million dollars for the purchase of the Juvenile Justice Alternative Educational Program school, $315,000.00 for the new courts building and $85,000 for the master plan by Judge Wilson, second by Comm. Jacobs.
An amendment to the motion was made by Comm. Carter, second by Judge Wilson, to reduce the $2.140 million by $400,000 to come from the Juvenile Board funds. Also, incorporated with this amendment is that the intent of these motions is for JJAEP revenues be used to pay 100 percent of the building that the JJAE program will use.
Amendment Carried 5-0-0
Move to approve $1.740 million for the church building, $315,000.00 for the fourth floor of the new courts building and $85,000.00 for space planning.
Motion Carried 5-0-0
Court Order #00-0643

15.C-3) Move to instruct the financial advisors to proceed forward with the necessary steps to issue the appropriate debt instruments in the amount of $1.450 million for the purchase of the Food Lion Building on McKinney Street for the relocation and use of the Denton County Tax Office and other facilities, as determined by Commissioners Court, by Judge Wilson, second by Comm. Krueger.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0644

ITEM 3 PUBLIC HEARING

3.B) Public Hearing on Petition Requesting Creation of Denton County Development District No 9 and approval of the Order Upon Hearing and Granting Petition Requesting the Creation of Denton County Development District No. 9 and appointing Temporary Directors - Commissioners Court. 

Mike Groomer, Assistant City Manager for the City of Fort Worth, appeared before court and presented a letter from the Mayor of Fort Worth, Mayor Kenneth Barr, that was entered into the record under this agenda item.

ITEM 15 NON-DEPARTMENTAL

15.B) Approval of giving direction to Denton County's Bond Counsel and Financial Advisor to take preliminary steps and proceed with the appropriate actions necessary for the issuance of obligations pursuant to the 1999 Better, Safer Roads Bond Election and any appropriate action - Commissioners Court.

Move to approve by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0645

ITEM 16 LEGAL

16.B) Approval and Ratification of Grant Acceptance, and Comprehensive Certification for Continuation Funding for the Child Abuse Prosecution Unit Grant SF-01-A10-14616-02 for the Denton County Criminal District Attorney's Office - County Judge. (Briefing 10-10-00)

Move to approve by Comm. Krueger, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0646

16.F) Approval and Ratification of Grant Acceptance, and Comprehensive Certification for Continuation Funding for the Serious Habitual Juvenile Prosecution Unit Grant, SF-01-J20-14607-02 for the Denton County Criminal District Attorney's Office - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0647

16.G) Approval of Agreement Between Denton County and Architect James R. Kirkpatrick for Reconstruction and Restoration of Wilson Pottery Kiln - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0648

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. Krueger, second by Comm. Armey.
Motion Carried 4-0-0 (WILSON absent)

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

17.A-1) Move to approve the contract to purchase the Immaculate Conception Catholic Church, the contract approval in the amount of $2.140 million, with approval of the contract being contingent upon final Commissioners Court approval, by Judge Wilson, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0649

17.A-2) Move to approve a contract of the purchase preliminarily of the Food Lion building located on McKinney Street, Denton, Texas, in the amount of $1,450 million by Judge Wilson, second by Comm. Armey.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0650

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

NO ACTION

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.

NO ACTION

ITEM 20 ADJOURNMENT 12.05 pm

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.