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 21, 2000

Be it remembered that Commissioners Court of Denton County, Texas met on this the 21st day of November, 2000 with Judge Kirk Wilson presiding. Commissioners Jeff Krueger, Sandy Jacobs, Scott Armey and Jim Carter were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Pastor L. A. Caldwell of the Lake Cities Assembly of God and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Beth Fleming, Denton County Director of Purchasing.

Pastor Caldwell: Father, we thank You today. We thank You because we live in the great country of America. We thank You for all of our freedoms. Thank You for our great judicial system. We thank You for the justice that we have. I thank You for the privilege, and indeed, it is an honor, to gather with our Judge, Kirk Wilson, our Honorable Judge Kirk Wilson, and our Commissioners today in this Court. We gather and we acknowledge You today. We acknowledge You and we ask for Your direction and we invoke Your blessings in this Court today. I pray that everyone that is involved in the decisions today, we pray that our minds and our wills shall be joined together for the common good of all. I pray that Your wisdom shall just abound today in this Court. And I pray Your wisdom shall come forth through everyone that has to do today in these proceedings. Your peace shall just settle down around this Court today and we thank You for it. Your will shall be done on earth as it is in heaven and we praise You for it today. In Jesus' name. Amen.

ITEM 2 PUBLIC INPUT

Christi Bianchi, Ponder, Texas, requested the court's assistance in cleaning up a junk yard on Florene Road between Lively and Seabourn.

ITEM 3 CONSENT AGENDA (Item 12B pulled)

TREASURER

5.A) Approval of Payroll.

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (The appointments for November 21, 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: Irene Melissa Maldonado, Misdemeanor Prosecutor II/Criminal District Attorney; Manetta Toth, Office Manager/Constable, Pct. 3; Scott Nelson, Budget Analyst/Budget Office; Pamela Sims, Juvenile Corrections Officer/Juvenile Post Adjudication; Christine Castaneda, Juvenile Corrections Officer/Juvenile Post Adjudication; Timothy Goodwin, Felony Investigator/Criminal District Attorney.

COUNTY CLERK

9.A) Approve the minutes for November 7, 2000, Formal Session - County Judge.

HEALTH

10.A) Approve the utilization of Texas Department of Health grant funding - County Judge. (Briefing 11-14-00)

NON-DEPARTMENTAL

12.A) Approval of building usage requested by Angela Nelson for the use of the Courthouse Lawn on December 3, 2000 from 6 p.m. until 8 p.m. for the purpose of World Aids Day Candlelight of North Texas - County Judge. (Briefing 11-14-00)

LEGAL

13.B) Approval of Permanent Easement Agreement between Denton County, Texas and Diana Sims - County Judge. (Briefing 11-14-00)

13.C) Approval of Interlocal Cooperation Agreement for Fire Protection Services between Denton County and Krum Volunteer Fire Department - County Judge. (Briefing 11-14-00)

13.D) Approval of Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Aubrey - County Judge. (Briefing 11-14-00)

13.E) Approval of Service Agreement between Denton County and the Association of Retarded Citizens-Denton - County Judge. (Briefing 11-14-00)

13.F) Approval of Service Agreement between Denton County and CASA - County Judge. (Briefing 11-14-00)

13.G) Approval of Service Agreement between Denton County and the Denton County Soil and Water Conservation District - County Judge. (Briefing 11-14-00)

13.H) Approval of Interlocal Cooperation Agreement for Juvenile Post Adjudication Facility Services between Denton County and Cooke County - County Judge. (Briefing 11-14-00)

Move to approve Consent Agenda with the exception of 12.B by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-1 (Jacobs abstains)
Court Order #00-0724

ITEM 4 COUNTY AUDITOR

4. 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.)

DELETION from Indigent Care of $12,846.46 to the Denton Regional Medical Center - covered by Medicaid.

ADDITIONS:

To the General Fund, $22.10 to the National Safety Council for Defensive Driving Fees;
To Road & Bridge, $37,739.00 to TXU Gas for the Masch Branch Gas Extension;
To the Texas Narcotics Control Program, $8,000.00 and $3,507.00 to the Denton County Sheriff's Office to reimburse Imprest Fund.

Move to approve the Bill Report, as amended, by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0725

ITEM 6 PURCHASING

6.A) Approval of rejection of all bids received for Denton County Courts Building - Interior Signage,
Bid #05-00-1384, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Krueger
Motion Carried 5-0-0
Court Order #00-0726

6.B) Approval of award of bid for Denton County Courts Building - Blinds, Bid #05-00-1358, to Barber & Associates CWG, Inc. for $2,390.00, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Krueger
Motion Carried 5-0-0
Court Order #00-0727

6.C) Approval of specifications and authority to advertise for Jail Expansion: a) Kitchen Expansion, Bid #11- 00-1397, b) Canopy Additions and Security Enhancements, Bid #11-00-1398 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0728

ITEM 8 HUMAN RESOURCES

8.B) Approve changes to the Director of Public Works, Road & Bridge Manager and the Assistant Road & Bridge manager in the Public Works Department - County Judge. (Briefing 11-14-00)

Move to approve by Comm. Jacobs, second by Comm. Krueger
Motion Carried 5-0-0
Court Order #00-0729

ITEM 12 NON-DEPARTMENTAL

12.F) Approval of donation of approximately one hundred leather bound volumes of law related books by Wesley Stewart, Attorney at Law, to the Denton County Law Library - County Judge.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0730

ITEM 11 STANDING ITEMS

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

NO ACTION

11.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.

ANNOUNCEMENT BY JOHN POLSTER OF INNOVATIVE TRANSPORTATION SOLUTIONS REGARDING THE NORTH TEXAS TOLLWAY AUTHORITY

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

NO ACTION

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

WILL RETURN TO LATER IN THIS SESSION

11.E) Discuss and review of the projects that are being recommended for Certificates of Obligation or Tax Notes, including and not limited to JJAEP, Master Plan, 4th floor of the New Courts Building, Food Lion Building and any appropriate action - Commissioners Court. (ACTION ON THIS ITEM WAS TAKEN LATER IN THIS SESSION)

Mary Horn, Denton County Tax Assessor/Collector, recommended the purchase of the vacant Food Lion Building on McKinney for her office plus other county offices.

Kelly Zwinggi, Public Works Director, gave a presentation to the court on their options.

Comm. Jacobs presented an analysis of Certificates of Obligation and Tax Notes.

Ted Carthel, Denton, Texas, urged the court to purchase the vacant Food Lion Building for the value of the land.

Comm. Krueger agreed with Mr. Carthel.

Judge Wilson asked the court if it wanted to proceed with the closing on the Food Lion Building.

Comm. Jacobs requested an extension of the closing date in order to have time to look at the new survey because the current one is over two years old.

ITEM 12 NON-DEPARTMENTAL

12.C) Approval of exemption from bidding for Legislative Consultant Services according to the provisions of 262.024(a)(4) for professional services and approval of contract with Thompson, Coe, Cousins and Irons, and any appropriate action - County Judge. (Briefing 11-14-00)

WILL RETURN TO LATER IN THIS SESSION

12.D) Approve Final Plat for Rippy Estates, PRCT. 1 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0731

12.E) Approve December 19, 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. & Mrs. Dayle Reineke - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0732

ITEM 13 LEGAL

13.I) Approval of the Agreement between Denton County, Texas and HDR Architecture, Inc. for Professional Services of the Charlie A .Cole Building - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0733

ITEM 15 RECESS

ITEM 16 RECONVENE

ITEM 11 STANDING ITEMS

11.E) Discuss and review of the projects that are being recommended for Certificates of Obligation or Tax Notes, including and not limited to JJAEP, Master Plan, 4th floor of the New Courts Building, Food Lion Building and any appropriate action - Commissioners Court.

Move to approve the contract for purchase of the vacant Food Lion Building on
McKinney in Denton, Texas, between Flatiron Cambria L.L.P. and Denton County with the final vote on closing to be taken in next week's session by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0 (Jacobs absent)
Court Order #00-0734

ITEM 12 LEGAL

12.B) Approval of Update and Modification to the Enhancement Contract of Innovative Transportation Solutions, Inc. - County Judge. (Briefing 11-14-00)

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0735

ITEM 11 STANDING ITEMS

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

Comm. Elect Cynthia White replaced Comm. Krueger during the following Workshop.

Dr. Curtis Ramsey of the Denton Independent School District presented a Synopsis of their legislative issues.

Judge Darlene Whitten asked the court to support Texas Family Code on Information Sharing.

Bob Schell, Assistant District Attorney, Civil Division, informed the court of the Planning Committee's legislative agenda: granting counties limited zoning authority, 150 foot right-of-way for thoroughfares, subdivision lot size/dimensions and allow a uniform building code.

Don Alexander, Director of Elections, requested the court support an amendment giving election workers an increase of pay from $6/hr. to $9/hr., not to exceed the rate set by the court.

Bill Drybread, Executive Director of Mental Health Mental Retardation, asked the court to support a resolution requiring equity access to funds. Denton County is 42nd out of 42 counties for funding support.

Dr.Rick Woolfolk informed the court that special education funding in Denton County is the second most impacted in the state after Austin and he is seeking legislative action for more financial assistance.

Hank Scheible, Director of Veterans Services for Denton County, asked for legislative action to allow 150 million dollars from the tobacco settlement be allocated for 42 state nursing homes for veterans.

State Representative Mary Denny thanked the court for inviting her to hear this legislative session in preparation for January 9, 2001, the opening day of the Texas Legislature. One of her goals is to institute four uniform election dates throughout the year and to push for voting on Saturday.

ITEM 12 NON-DEPARTMENTAL

12.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.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0736

ITEM 14 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

Court Convened in Executive Session
Court Reconvened in Formal Session

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

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

14.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.

14.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, 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 ITEMS 14A THROUGH 14D

14.E) Consultation with Attorney: pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County, Texas v. American Insurance Management, Inc. et al., Cause No. 4:99cv253 pending in the United Sates District Court, Eastern District, Sherman Division - County Judge.

Move to approve the recommendation of the District Attorney, Civil Division, that the civil division be authorized to make a settlement offer be made to the defendants by Comm.
Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0737

14.F) Consultation with Attorney concerning the unresolved issues relating to the Purchase Agreement between STW, Inc., and Denton County for Financial Management Software, including possible settlement and/or contemplated litigation, Section 551.071 (1)(A); 551.071 (1)(B); and 551.071 (2), Government Code - County Judge.

NO ACTION

14.G) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim by Regina Holstine - County Judge.

Move to approve a settlement of a claim by Ms. Regina Holstine, authorize the County Auditor to cut a check for $583, and direct the Budget Office to prepare a budget amendment for employment of Ms. Holstine through December 31, 2000 by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0738

14.H) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. KONE, Inc., formerly known as Montgomery KONE, Inc., d/b/a Texas KONE, Inc. - County Judge.

14.I) 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-Dick, Inc., D/B/A Tranum Country; 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 in the Probate Court of Denton County, Texas - County Judge.

14.J) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); ATC Associates, Inc., (Formerly ATEC Associates, Inc.), David Baldwin, Inc., Landscaping, CCRD Partners Professional & Consulting Engineers, Phillips Swager & Associates, Thornton-Tomasetti Engineers (formerly Ellisor & Tanner, Inc.), JRJ Paving, Inc., Landscape Design & Construction, Hunt Construction Group (Formerly Huber Hunt & Nichols), Pacheco Koch, and R.C. Small & Associates regarding the Denton County Courts Building - County Judge.
14.K) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code Johnson v. Denton County; 362nd Judicial District Court; Cause No. 96-50300-367 - County Judge

NO ACTION ON ITEMS 14H THROUGH 14K

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #100340 for Salary, Assistants/Benefits for Justice of the Peace, Precinct #4 in the amount of $5,483 - County Judge.

Move to approve by Comm. Armey, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0739

ITEM 17 ADJOURNMENT

Move to adjourn by Comm. Jacobs, 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.