Denton County, Texas, Seal

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.


November 7, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 7th day of November, 2000, with Judge Kirk Wilson presiding. Commissioners Sandy Jacobs, Jim Carter, Jeff Krueger 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 the Reverend A. R. Stokes of the Morse Street Baptist Church, Denton, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Chief Jimmie Van, Administrative Chief for the Mayhill-Cooper Creek Volunteer Fire Department.

Reverend Stokes: Our Father and our God, we come to You in the name of Jesus, our Lord and Savior. Father God, we come thanking You for the many blessings that You've bestowed upon us, Father, sometimes blessings that we take for granted. We thank You, Father, for the briskness of the weather this morning. And, Father God, we thank You most of all that we live in a nation where we can pick and choose our own praying ground. Father God, we pray now on this Election Day that You would bless the proceedings of this day and, Father God, not only in that respect, but that You would bless this Commissioners Court. Father God, may everything that's transacted here today be pleasing in Your sight. We give You thanks. We praise You forever. In Jesus' name we pray, Amen.

ITEM 2 PUBLIC INPUT

Mildred Hawk of Denton requested that Commissioners Court consider assigning space in the Courthouse on the Square for the exhibits of the Denton County Historical Commission.
Jana Cott thanked Judge Kirk Wilson for his service as County Judge since Judge Moseley left his term.
Judge Wilson announced the swearing-in for the new judge would occur on December 1, 2000.

ITEM 8 BUDGET

8.A) Presentation of the Distinguished Budget Presentation Award by the Government Finance Officers Association to the Denton County Budget Office - County Judge.

ITEM 3 PUBLIC HEARING

3.A) Close October 17, 2000 Public Hearing on the Creation of Denton County Development District No 9 and take no further action on the Petition as a result of the withdrawal of the Petition by Ronald P. Berlin, Berlin Interests, Inc., Petitioner - Commissioners Court.

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0686

ITEM 4 CONSENT AGENDA (Items 8F, 9B & 15E were pulled for further discussion)

TREASURER

6.A) Approval of Payroll.

BUDGET

8.B) Approval of Budget Amendment #100150 to increase revenues and allocate expenditures for salary, assistants/benefits and various line items for CHOS Museum Tourism/Preservation Grant in the amount of $36,216 - County Judge. (Briefing 10-31-00)

8.C) Approval of Budget Amendment #100160 to transfer funds from Unappropriated Contingency to the Centralized Road & Bridge Department's fund balance in the amount of $50,000 - County Judge. (Briefing 10-31-00)

8.D) Approval of Budget Amendment #100170 for Radios and Radars for License & Weights in the amount of $2,496 - County Judge. (Briefing 10-31-00)

8.E) Approval of Budget Amendment #100180 for repairs and maintenance for Denton County Courts Building in the amount of $2,000 - County Judge. (Briefing 1-31-00)

HUMAN RESOURCES

9.A) Approval of Order Making Appointments. (The appointments for November 7, 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: Robert Howard, Driver/Equipment Operator/Centralized Road & Bridge; Joyce Miller, Deputy Clerk/Recording/Passports/County Clerk; Ann Porter, Deputy Clerk/Civil/Probate/County Clerk; Linda Barrera, Administrative Assistant/Innovation Grant; Judy Brown, Administrative Assistant I/Constable Pct.3; Mark Cockrell, Detention Officer I/County Jail; Shay Boliver, Detention Officer I/County Jail; Jana Jones, Detention Officer I/County Jail; Robert Robertson, Detention Officer I/County Jail; Jesse Hunter, Detention Officer I/County Jail; Michael Cole, Detention Officer I/County Jail; Johnny Anderson, Detention Officer I/County Jail; Betty Copeland, Education & Tourism Director/CHOS Tour Preservation Grant & CHOS Museum.

COUNTY CLERK

10.A) Approve the minutes for October 24, 2000, Formal Session - County Judge.

PUBLIC WORKS

12.A) Approve Final Re-Plat for Lot 17, Dove Hollow Phase III - County Judge.

LEGAL

15.F) Approval of Change Order No. 4 to the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and TxDOT for IH-35W Southbound Frontage Road - County Judge. (Briefing 10-31-00)

15.G) Approval of: a) the Project for road improvements to Lakeside Parkway (referred to as Freeport/Donald Road in the Better Safer Road Bond Program), and b) the Interlcoal Cooperation Agreement between the Town of Flower Mound and Denton County, Texas for improvements to Lakeside Parkway, (referred to as Freeport/Donald Road in the Better Safer Road Bond Program) - County Judge. (Briefing 10-31-00)

15.H) Approval of the Trade Contract Agreement No. 90-9539/Bid No. 05-00-1352 between Denton County and Wright Painting and Coating, Inc., for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge. (Briefing 10-31-00)

15.I) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Pilot Point - County Judge. (Briefing 10-31-00)

15.J) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Double Oak Volunteer Fire Department - County Judge. (Briefing 10-31-00)

15.K) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Justin Community Fire Department - County Judge. (Briefing 10-31-00)

Move to approve Consent Agenda with the exception of Items 8F, 9B & 15E by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0687

ITEM 5 COUNTY AUDITOR

5.A) 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 the General Fund, $143.00 to the Lewisville Chamber of Commerce, County does not pay dues,
From the General Fund, $225.00 to the Tarrant County Junior College, per department,
From Public Health, $16.00 to ETR Associates, incorrect amount.

ADDITIONS:

To the General Fund, $49.27 to Rent-A-Center, election expense,
To TNCP, $3,796.60 to the Denton County Sheriff Officer to reimburse the Imprest Fund,
To the '99 Road Construction, $15,213.25 to SoilTech Engineering for professional services to
Robson Ranch Road..

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 3-2-0 (Jacobs & Armey nay)
Court Order #00-0688

5.B) Approve the Order finding that: 1) a specific amount of excess funds, in the form of interest earnings or overage from completed projects, is available, 2) the excess funds are not needed to fund any of the existing specified projects listed in the original bond order, and 3) identifying the Old Alton Bridge Rehabilitation project as the new project to which the excess funds are allocated - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0689

ITEM 7 PURCHASING

7.A) Approval of award of bid for Denton County Courts Building - Toilet Partitions & Accessories, Bid #05-00-1354, to TBS, Inc. for $6,108.00, and any appropriate action - County Judge.

7.B) Approval of award of bid for Denton County Courts Building - Testing and Balancing, Bid #05-00-1364, to Engineered Air Balance Co. Inc. for $10,780.00, and any appropriate action - County Judge.

Move to approve Items 7.A & 7.B by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0690

7.C) Approve award of bid for Patrol Vehicles, Bid #09-00-1392, to Philpott Ford, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0691

7.D) Approve award of bid for Sports Utility Vehicles, Bid #09-00-1395, to Philpott Ford, and any appropriate action - County Judge.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0692

ITEM 8 BUDGET

8.F) Approval of Budget Amendment #100190 to transfer funds from Non-Departmental
Unappropriated Contingency to Computer Wiring for County-Wide Technology in the amount of $7,627 - County Judge. (Briefing 10-31-00)

Move to approve a revised amount of $5,625.00, as recommended by the Budget Director, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0693

8.G) Approval of Emergency Budget Amendment #100250 for Elevator Maintenance for Denton County Courts Building in the amount of $13,364 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0694

ITEM 9 HUMAN RESOURCES

9.B) Approve the continuation of the Denton County Benefit Plan's exceptions to HIPAA requirements relating to limits on pre-existing condition exclusions and to mental health parity for the plan year that begins on January 1, 2001 and ends December 31, 20001 - County Judge. (Briefing 10-31-00)

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 3-2-0 (Wilson & Armey nay)
Court Order #00-0695

ITEM 11 SHERIFF

11.A) Approve the Interlocal Cooperation Agreement for Jail Services between Denton County, Texas and Cooke County, Texas - County Judge.

Move to approve by Comm. Armey, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0696

11.B) Approve Lease with the Department of Army/Corp of Engineers for radio tower site at Lake Grapevine - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0697

11.C) Approve Construction License with the Department of Army/Corp of Engineers for radio tower site at Lake Grapevine - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0698

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.

Move to approve Change Orders for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0699

13.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 regardingthe modification of the Denton County Master Thoroughfare Plan - Commissioners Court.

NO ACTION

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

Move to approve the resignation of Len Limmer, Oak Point, Texas, and the appointment of David W. Chapin, Little Elm, Texas, to the Denton County Fire Prevention District No. 1 as recommended by John Parkin III, President of the District, by Comm. Krueger, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0700

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

NO ACTION

ITEM 14 NON-DEPARTMENTAL

14.B) Discuss and review the projects that are being recommended for the issuance of the Certificates of Obligation or Tax Notes and any appropriate action - Commissioner, Precinct #2.

NO ACTION

Comm. Jacobs made a presentation of her Review & Suggestions on the following four projects under consideration: JJAEP School, Complete 4th Floor of the Denton County Courts Building, Master Space Study & Plan and space for the Tax Office - the Food Lion Building on McKinney

14.A) Accept resolution presented by the Denton County Juvenile Board regarding the Juvenile Justice Alternative Education Program (JJAEP) Facility - County Judge.

NO ACTION

ITEM 15 LEGAL

15.B) Approval of the Trade Contract Change Order No. 028 to Trade Contract No. 90-9435/Bid No. 01-00-1282 between R3M, Inc. and Denton County for Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge. (Briefing 10-31-00)

15.C) Approval of the Trade Contract Change Order No. 02 to Trade Contract No. 90-9435/Bid No. 01-00-1282 between R3M, Inc. and Denton County for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge. (Briefing 10-31-00)

15.D) Approval of Change Order No. 2 to the Agreement between Denton County, Texas and Wright Painting and coating, Inc., Trade Contract No. 90-9539/Bid No. 01-00-1308 for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge. (Briefing 10-31-00)

Move to approve Items 15.B, 15.C & 15.D by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0701

15.E) Approval of Additional Funding in the amount of $45,749.93 under the Local Project Advance Funding Agreement for the Old Alton Bridge Project - County Judge. (Briefing 10-31-00)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0702

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

CONVENE IN EXECUTIVE SESSION
RECONVENE IN FORMAL SESSION

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

Move to authorize Operations and Purchasing Departments to exercise due diligence on the
contract of the Food Lion Building on McKinney in Denton prior to the vote by court on
November 21, 2000 by Judge Wilson, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0703

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

Move to authorize the Purchasing Director to send out a 30-day notification to International Investigators to reduce two guards and direct the Public Works Director to call a meeting of the Denton County Courts Building Operations Committee to review and amend the security policy by Comm. Jacobs, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0704

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

16.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Save Our Sanger, an unincorporated association v. Commissioners Court of Denton County, Commissioners Jeff Krueger, Commissioner Sandy Jacobs, Commissioner Scott Armey, and Commissioner Jim Carter, Cause No. 2000-50212-367 the 367th Judicial Court of Denton County, Texas - County Judge.

NO ACTION

16.E) Consultation with Attorney: Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code, Discuss potential litigation re: claim if Jim Chism - County Judge.

Move to approve the recommendation of the Assistant Criminal District Attorney to assign this claim to the District Attorney, Civil Division, and to deny the claim by Judge Wilson, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0705

ITEM 19 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.