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 14, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 14th day of November, 2000, with Judge Kirk Wilson presiding. Commissioners Scott Armey, Jim Carter & Jeff Krueger were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Father Eugene Sweeny of the St. Mark Catholic Church, Denton, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Fire Marshal Jody Gonzalez.

Father Sweeny: Oh Lord, as we often say in the Lord's Prayer, Thy Will Be Done. How easily these words trip off our tongue. We ask You, Father, if You allow these words, Thy Will Be Done, to be impressed on our hearts that we might let them become a touchstone as we deliberate issues and concerns that affect our county. We know, Lord, as we place our trust in You, You bless us with Your wisdom. Let us never forget it is Your presence and guidance that leads us in the way of truth and righteousness. Sometimes, when confronted with contentious situations, we rely too heavily on human solutions. Let us learn patience through these encounters as Thy Will Be Done. Consequently, we ask You to continue to deepen our wisdom and charity as we are confronted with the needs of Denton County. We praise and thank You for Your constant and loving concern for this august body, the citizens of our city and our world. Our trust is in You and Your goodness. Amen.

ITEM 2 PUBLIC INPUT

Judge Wilson asked everybody to wish the County Auditor, James Wells, Happy Birthday.

Judge Wilson announced that on Tuesday, November 28, 2000, there would be a telephonic conversation with New York bond raters to clear up any confusion from the public about the trip to New York by Commissioners Krueger & Carter and himself on November 9th through the 12th.

ITEM 3 PUBLIC HEARING

3.A) Approve/Disapprove Re-Zoning of Tracts 33 and 34, Abstract 725 in the B. Lynch Survey from Agricultural to Residential R-2 as requested by Mr. Graig Irwin and Mr. Dale Irwin as recommended by the Denton County Lake Ray Roberts Planning and Zoning Commission - Commissioners Court.

Move to Open Public Hearing by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0

Brenda McDonald spoke on the Irwins' behalf and in favor of the re-zone.

Move to Close Public Hearing by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0

Move to approve Re-zoning with deed restrictions included by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0706

ITEM 4 CONSENT AGENDA (Items 15. K through Q pulled)

COUNTY AUDITOR

5.B) Approval of Order finding: 1) excess funds in the amount of $37,856 from interest earnings are available in the 1996 Road Bond Project; 2) excess funds are not needed to fund any of the projects originally listed in the bond documentation; and 3) excess funds in the amount of $37,856 are to be allocated to the ITS transportation enhancement contract - County Judge. (Briefing 11-7-00)

5.C) Approval of Order finding: 1) excess funds in the amount of $240,000 from interest earnings are available in the 1999 Road Bond Project Fund; 2) excess funds are not needed to fund any of the projects originally listed in the bond documentation; and 3) excess funds in the amount of $240,000 are to be allocated to the ITS transportation enhancement contract for fiscal year 2001 - County Judge. (Briefing 11-
7-00)

PURCHASING

6.A) Approval of renewal for Gas and Diesel, Bid 10-98-1192, Lucky Oil Company, for a firm profit margin of $0.02, and any appropriate action - County Judge. (Briefing 11-7-00)

BUDGET

7.A) Approval of Emergency Budget Amendment #100200 for Elevator Maintenance for Denton County Courts Building in the amount of $4,586 - County Judge. (Briefing 11-7-00)

7.B) Approval of Budget Amendment #100210 to increase revenues, and allocate expenditures and transfer funds from Non-Departmental Unappropriated Contingency to Sheriff's Department in the amount of $55,524 - County Judge. (Briefing 11-7-00)

7.C) Approval of Budget Amendment #100220 to Increase Revenues, and allocate expenditures for Historical Commission Projects for Denton County Historical Commission in the amount of $1,000 - County Judge. (Briefing 11-7-00)

7.D) Approval of Budget Amendment #100230 to increase revenues, and allocate expenditures, transfer funds from Non-Departmental Contingency and the creation of new line items for county purposes for FY 2000-2001 for salary, assistants/benefits and various line items for Sheriff's-Juvenile Accountability Grant in the amount of $52,505 - County Judge. (Briefing 11-7-00)

7.E) Approval of Budget Amendment #100240 to increase revenues and allocate expenditures and transfer funds from Non-Departmental Unappropriated Contingency for Victim Notification Services for the Criminal District Attorney in the amount of $44,651 - County Judge. (Briefing 11-7-00)

7.F) Approval of Budget Amendment #100260 for Mobile Phone Expense for County Judge in the amount of $2,000 - County Judge.

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (The appointments for November 14, 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: Bruce Dotterer, Administrative Foreman/Centralized Road & Bridge; Michael Clary, Detention Officer II/Medical/Jail Health; Tania Offenbaker, Deputy Clerk/Support Courts/County Clerk; Deanna Hall, Senior Clerk/Support Courts/County Clerk; Aliceli Lore, Deputy Clerk/Support Courts/County Clerk; John Feldt, Misdemeanor Prosecutor II.
8.B) Approve a new License and Weights Deputy, Grade 21, Constable, Precinct #2-License and Weights Division - County Judge. (Briefing 11-7-00)

COUNTY CLERK

9.A) Approval of minutes for October 31, 2000, Formal Session - County Judge. (Briefing 11-7-00)

SHERIFF

11.A) Approve the submittal of an application to the Office of the Governor-Criminal Justice Division for continues funding for the GREENBELT/PUBLIC SAFETY UNIT program for the grant period 2001-2003 - County Judge. (Briefing 11-7-00)

11.B) Approve the Dedication Deed for the land used for the Sheriff's Office Gun Range with Galatyn Park Corporation (formerly Ranch Vista Development Company) - County Judge. (Briefing 11-7-00)

PUBLIC WORKS

12.A) Approve Final Plat for Castle Hills Golf Course, Commissioner, Precinct #2 - County Judge.

12.B) Approve December 12, 2000 at 9:15 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 12, Lakeview Estates - County Judge.

NON-DEPARTMENTAL

14.A) Approval of request of Building Usage requested by Robin Hyatt, Homeowners Association, for the use of the Carrollton Government Center Community Room on December 1, 2000, from 6:30 p.m. until 8:30 p.m. for the purpose of a Homeowners Association Meeting - County Judge. (Briefing 11-7-000

LEGAL

15.B) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Ponder Volunteer Fire Department - County Judge. (Briefing 11-7-00)

15.C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Sanger - County Judge. (Briefing 11-7-00)

15.D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of The Colony - County Judge. (Briefing 11-7-00)

15.E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Roanoke - County Judge. (Briefing 11-7-00)

15.F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Lewisville - County Judge. (Briefing 11-7-00)

15.G) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Lake Cities Volunteer Fire Department - County Judge. (Briefing 11-7-00)

15.H) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Argyle Volunteer Fire District - County Judge. (Briefing 11-7-00)

15.I) Approval of Extension of time to complete work under the Contract between Denton County, Texas and Paragon Project Resources, Inc., for Engineering Services for IH35E/FM 1171 Ramp Modification for an additional 12 months - County Judge. (Briefing 11-7-00)

15.J) Approval of the Agreement for Denton County Tax Assessor-Collector Substation Contract between Denton County and Minyard Food Stores - County Judge. (Briefing 11-7-00)

Move to approve Consent Agenda with the exception of Items 15. K through Q by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0707

ITEM 6 PURCHASING

6.B) Approval of award of RFP #09-00-1394, Employee Benefit Insurance Plans and Related Services, and any appropriate action - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0708

6.C) Approval of exemption from bidding for sole source purchase of elevator repairs from Kone, Inc. according to the provisions of Section 262.024 (a)(7)(D), and any appropriate action - County Judge.

Move to approve by Judge Wilson, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0709

ITEM 7 BUDGET

7.G) Approval of Budget Amendment Request #100270 for Buildings and the creation of a new line item for county purposes for FY 2000-2001 for Non-Departmental in the amount of $15,000 - County
Judge.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0710

7.H) Approval of Emergency Budget Amendment Request #100300 for Elevator Maintenance for Denton County Courts Building in the amount of $16,207 - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0711

ITEM 10 ELECTION DEPARTMENT

10.A) Approve the canvassing of the votes for the November 7, 2000 General Election - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0712

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.)

ADDITIONS:

To the General Fund, $108.00 to Kroger for Employee Lunch;

To 99 Road Construction, $44,505.17 to the Texas Dept. of Transportation for IH 35 W SB Frontage Road;
To 99 Road Construction, $45,749.93 to the Texas Dept. of Transportation for Old Alton Bridge.

Move to approve the amended Bill Report by Comm. Krueger, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0713

ITEM 14 NON-DEPARTMENTAL

14.B) Approval of Presentation of the Achievement of Excellence in Procurement Award by the National Purchasing Institute, Inc. to the Denton County Purchasing Department - County Judge.

Move to approve by Judge Wilson, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0714

14.C) Approval of a Preservation Grant to the Denton County Courthouse in the amount of $462,137 from the Texas Historical Commission and to declare Architexas as the firm most qualified to provide architectural services for the project, and any appropriate action - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0715

14.D) Approval of Resolution Declaring Expectation to reimburse expenditures with proceeds of future debt - County Judge.

Move to approve by Comm. Armey, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0716

ITEM 15 LEGAL

15.K) Approval of Service Agreement between Denton County and Ann's Haven, The Visiting Nurse Association of Denton County - County Judge. (Briefing 11-7-00)

15.L Approval of Service Agreement between Denton County and Denton County Children's Advocacy Center - County Judge. (Briefing 11-7-00)

15.M) Approval of Service Agreement between Denton County and Family Health Care, Inc. - County Judge. (Briefing 11-7-00)

15.N) Approval of Service Agreement between Denton County and Friends of the Family - County Judge. (Briefing 11-7-00)

15.NN) Approval of Service Agreement between Denton County and Greater Lewisville Youth and Family Services - County Judge. (Briefing 11-7-00)

15.O) Approval of Service Agreement between Denton County and Metrocrest Social Service Center - County Judge. (Briefing 11-7-00)

15.P) Approval of Service Agreement between Denton County and PediPlace - County Judge. (Briefing 11-7-00)

15.Q) Approval of Service Agreement between Denton County and Retired Senior Volunteer Program (R.S.V.P.) - County Judge. (Briefing 11-7-00)

Move to approve Items 15.K through 15.Q by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0717

ITEM 14 NON-DEPARTMENTAL

14.E) Discussion of transition and dissolution of JP Precinct #7 and any appropriate action - Commissioner, Precinct #1.

Move to authorize the employment of Regina Holstein in Justice of the Peace Precinct #4 as a Chief Deputy B, effective on this date, November 14, 2000 at 8 am through next Tuesday, November 21, 2000 at 5 pm with the funds coming from Unappropriated Contingency by Judge Wilson, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0718

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 two Potential Change Orders for the Denton County Pre-Trial Center: a credit to Roofing for Supreme Systems, Inc. of $12,000 for not installing plywood decking and #30 roofing felt at the Enforcement Center and a net credit of $6,642 for Wright Construction for the Site Utilities Contract by Judge Wilson, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0719

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 regarding the 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 appointment of Chance Kirby, Pilot Point, Texas, to replace John Springer on the Lake Ray Roberts Zoning & Planning Commission by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0720

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

NO ACTION

ITEM 15 LEGAL

15.R) Approval of Resolution regarding Criminal Justice Division funds and the Application for Violence Against Women Prosecution Enhancement Grant for the Criminal District Attorney's Office - County Judge. (Briefing 11-7-00)
15.S) Approval of Resolution regarding Criminal Justice Division funds and the Continuation Funding Grant Application for Serious and Habitual Juvenile Prosecutor's Grant for the Denton County Criminal District Attorney's Office - County Judge. (Briefing 11-7-00)

Move to approve Items 15.R & S by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0721

15.T) Approval of Resolution regarding Criminal Justice Division funds and the Application for Criminal District Attorney's Family Violence Expansion Grant - County Judge. (Briefing 11-7-00)

15.U) Approval of Resolution regarding Criminal Justice Division funds and the Application for Child Abuse Prosecution Expansion Grant for the Criminal District Attorney's Office - County Judge. (Briefing 11-7-00)

15.V) Approval of Resolution and Application for Family Violence Intervention Specialist Grant for the Denton County Criminal District Attorney's Office - County Judge.

15.W) Approval of Resolution and Application for the Victim Notification System Grant for the Denton County Criminal District Attorney's Office - County Judge.
15.X) Approval of Resolution and Application for Child Victim Intervention Specialist Grant for the Criminal District Attorney's Office - County Judge.

Move to approve Items 15.T through 15.X by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0722

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

CONVENE IN EXECUTIVE SESSION
RECONVENE IN FORMAL SESSION

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

NO ACTION

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

NO ACTION

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): County of Denton v. James Michael Bell AKA James M. Bell (In Rem Only), Cause No. 99-0415-362, pending in the 362nd District Court of Denton County, Texas - County Judge.

Move to approve Resolution by Judge Wilson, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0723

16.E) 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 Denton County Courts Building - County Judge.
16.F) 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, Commissioner Jeff Krueger, Commissioner Sandy Jacobs, Commissioner Scott Armey, and Commissioner Jim Carter, Cause No. 2000-50212-367 in the 367th Judicial Court of Denton County, Texas - County Judge.

NO ACTION ON 16.E OR F

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. Krueger, 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.