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.

March 6, 2001

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 6th day of March, 2001, with Judge Scott Armey presiding. Commissioners Jim Carter, Bobbie J. Mitchell, Sandy Jacobs and Cynthia White were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Pastor Scott Brown of the Justin Baptist Church and was followed by the Pledges of Allegiance to the American and Texas Flags led by Kelly Zwinggi, P.E., Director of Public Works.

Pastor Brown: Our Father, we're thankful for this day and the opportunities of life. Lord, we come this morning remembering people in our country that are less fortunate than us, in particular the families that have been affected in the school tragedy in the California area. Father, we pray a special blessing for them and protection over them. Father, we pray for protection for all of our young people. They are the future of this great country. Today in the business that's at hand before these people, I pray that You give them wisdom, discernment. Help them understand that they represent many citizens of this great County and that the decisions that are made here today have lasting impacts and make impacts on huge sums of people and many people that live here. Father, we thank You for their office of leadership and we pray that You'd bless them. We thank You for the privilege to live in America where we can enjoy freedom of prayer and religion, freedom of independent government that makes decisions to affect people. We love You and we thank You for this day and the opportunities that lay before us and we commit this time to You. In Christ's name, Amen.

ITEM 2 PUBLIC INPUT

Judge Armey recognized Mildred Hawk, Denton, for her 83rd birthday.

ITEM 3 CONSENT AGENDA (Items pulled: 7.C, 11.A, 11.C, 11.D, 14.G, 14.E)

PURCHASING

6.A) Approval of purchase of service to provide evaluation of the HVAC in the Lower Level to Carrier Corporation for $2,110.00 from the 4th Floor and Lower Level Bond Funds, and any appropriate action - Purchasing Director. (Briefing 02-20-01)

6.B) Approval of specifications and authority to advertise for Deferred Compensation Services, RFP #02-01-1408, appointment for Evaluation Committee to include County Judge, County Auditor, County Treasurer, Director of Human Resources and Director of Purchasing, and any appropriate action - Purchasing Director. (Briefing 02-20-01)

6.C) Approval of rejection of proposals for Fire & EMS Collection Services, RFP #03-00-1326, and any appropriate action - Purchasing Director. (Briefing 02-20-01)

6.D) Approval of renewal for Janitorial Supplies, Bid #01-00-1295, Section 1 and 4 to Five Star Supply and Section 2 to Guest Products, and any appropriate action - Purchasing Director. (Briefing 02-20-01)

6.E) Approval of specifications and authority to advertise for ATM Services, RFP #02-01-1409, and any appropriate action - Purchasing Director. (Briefing 02-20-201)

BUDGET

7.A) Approval of Budget Amendment Request #100860 for Repairs and Maintenance for Denton County Government Center in the amount of $699 - Budget Director. (Briefing 02-20-01)

7.B) Approval of Budget Amendment Request #100890 for Microfilm Equipment for Records Management in the amount of $3,435 - Budget Director (Briefing 02-20-01)

7.D) Approval of Budget Amendment Request #100940 for VCR & Projection Equipment and the creation of a new line item for county purposes for FY 2000-2001 for Elections Administration in the amount of $4,907 - Budget Director (Briefing 02-20-01)

7.E) Approval of Budget Amendment Request #101040 for Vehicle Repairs for Constable, Precinct #6 in the amount of $2,590 - Budget Director.

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. 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 constraints.) The following Order Making Appointments were approved: Anthony Farley, Deputy Constable/Constable, Pct.6; Saovanee Wongvanirut, Web Designer/Developer/Information Services; Molly Bowers, Court Reporter/362nd District Court; Jerry Holland, Deputy Constable/Constable, Pct.4; Ivy Yarckow, Family Law/Domestic Violence Intervention/DA-VAWA Intern Project Grant.

PUBLIC WORKS

10.C) Approval of assignment of space in the Denton County Government Center and any appropriate action - Public Works Director. (Briefing 02-20-01)

COUNTY CLERK

11.B) Approval of minutes for February 20, 2001, Formal Session - County Clerk.

OTHER DEPARTMENTS

13.D) Approval of Building Usage requested by Norell Mounger, Peters Colony Chapter (DAR) for the use of the Carrollton Government Center Community Room on March 13, 2001 from 6:30 p.m. until 9:00 p.m. for the purpose of a meeting - Aide-to-the-Court. (Briefing 02-20-01)

13.E) Approval of adding a new policy as an addendum to Denton County Policy #8.1 that addresses Travel/Education expenditures within Commissioners Court Budget - Commissioner, Precinct #2. (Briefing 02-20-01)

13.F) Approval of Building Usage requested by Dixie Allen, Denton County Friends of the Family, for the use of the Courthouse-on-the-Square's Lawn and First Floor, on Thursday, April 26, 2001, from 4:00 p.m. until 9:30 p.m. for the purpose of an Annual Candlelight Vigil honoring survivors of sexual assault - Aide-to-the-Court. (Briefing 02-20-01)

13.H) Approval of Building Usage requested by Stan Payton, St. Mary's Law School, a non-profit organization, for the use of Denton County Courts Ceremonial Courtroom, on Tuesday, April 17, 2001 from 3:00 p.m. until 7:30 p.m., for the purpose of a continuing legal education seminar - Aide-to-the-Court. (Briefing 02-20-01)

LEGAL

14.B) Approval of Interlocal Cooperation Agreement for Library Services between Denton County and the City of Frisco - ADA/Civil Division. (Briefing 02-20-01)

14.C) Approval of Agreement for Denton County Tax Assessor-Collector Substation Contract between Denton County and Safeway, d/b/a Tom Thumb - ADA/Civil Division. (Briefing 02-20-01)

14.D) Approval of Interlocal Cooperation Agreement for Library Services between Denton County and the City of Lewisville - ADA/Civil Division. (Briefing 02-20-01)

14.F) Approval of Partial Assignment of Mutual Release Agreement between Denton County, Texas and Motor Speedway Partners, Ltd. - ADA/Civil Division. (Briefing 01-20-01)

14.H) Approval of Interlocal Cooperation Agreement for Library Services between Denton County and the Town of Flower Mound - ADA/Civil Division. (Briefing 02-20-01)

14.I) Approval of Interlocal Cooperation Agreement for Library Services between Denton County and the City of Denton - ADA/Civil Division. (Briefing 02-20-01)

Move to approve Consent Agenda with the exceptions of Items 7.C, 11.A, 11.C, 11.D, 14.E & 14.G by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0129

ITEM 1 PUBLIC INPUT

Assistant District Attorney Bob Schell announced a settlement from American Insurance
Management, Inc. in the amount of $300,000 paid to Denton County.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of declaring March 18-24, 2001 Poison Prevention Week to mark the 40th annual observance - County Judge.

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0130

3.B) Approval of the week of March 4-10, 2001 as Severe Weather Awareness Week - Fire Marshal.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0131

ITEM 5 AUDITOR/TREASURER

Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS:

From General Fund, $95.00 to Dallas Observer, duplicate payment;
From CJAD, $200.00 to Public Agency Training, per department.

ADDITIONS TO THE GENERAL FUND:

Human Resources, $96.30 to the Texas Section ASCE for personnel ad;
Planning, $228.83 to Omni San Antonio for Lodging - Markham/Crowe;
Volunteer Fire Depts, $488.75 to Omni South Park/Austin for lodging-Bowery/Florentino;
Colony Annex, #118.65 to the City of The Colony Utility for service to the Colony Annex;
Jail, $2,436.50 to Bank of America for prisoner transport express;
Constable, Pct.2, $241.50 to Omni Bayfront Hotel for lodging-Rhodes/Tyler.

ADDITION TO CSCD, $149.00 to Marx Howell & Assoc. for reg. fee - Kristen Edwards.

ADDITIONS TO TNCP:

$4,540.00 to the Denton County Sheriff's Office to reimburse Imprest Funds;
$348.00 to Paul Jaworski for Quantico Travel Advance;
$199.95 to Karla Sikes for Annual Internet Access Fee;
$348.00 to Joe Ellenurg for Quantico Travel Advance.

ADDITION TO PUBLIC HEALTH GRANT, $40.00 to TWU/Student Activity for microphone set-up fee.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0132

ITEM 6 PURCHASING

6.F) Approval to declare Door Cards surplus and to sell to Montgomery County according to the provisions of Section 263.152(a)(1) and any appropriate action - Purchasing Director.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0133

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100900 for Repair and Maintenance for Lee Walker Government Center in the amount of $200 - Budget Director. (Briefing 02-20-01)

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 4-0-1 (Mitchell abstains)
Court Order #01-0134

ITEM 9 HEALTH

9.A) Approval of contract with VERTEX for Medicaid billing services - Health Director.

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0135

ITEM 10 PUBLIC WORKS

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

NO ACTION

10.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.

Move to approve License No. DACW63-3-01-0582 for the Dept. of the Army, Fort Worth District, Corps of Engineers, regarding the proposed extension of FM 2499 across Federal land at Lewisville Lake, Texas, by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0136

Comm. Jacobs discussed the North Texas Tollway Authority and the extension of the North Dallas Tollway. She also gave the court an update on FM 544 and the need for another attorney to handle right-of-way issues.

10.D) FOR RECORDING PURPOSES ONLY: Acceptance of Road Superintendent Report for the month of January 2001 - Public Works Director.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0137

ITEM 11 COUNTY CLERK

11.A) Approval of minutes for February 13, 2001, Formal Session - County Clerk.

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0138

11.C) Approval of minutes for February 23, 2001, Formal Session - County Clerk.

Move to approve, as amended, by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0139

11.D) Approval of minutes for February 28, 2001, Formal Session - County Clerk.

Move to approve by Comm. Mitchell, second by Judge Armey.
Motion Carried 3-0-2 (Carter & Jacobs abstained)
Court Order #01-0140

ITEM 13 OTHER DEPARTMENTS

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

13.A) Move to appoint County Judge Scott Armey to the Operations Plan Committee by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0141

Judge Armey announced the appointment of Austin D. Adams, CFP, to the Denton County Economic Development Commission.

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

13.B-1) Move to approve the Legislative Policy Statement regarding a resolution supported by the Upper Trinity Water District concerning their administrative functions by Comm. White,
second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0142

13.B-2) Move to approve the Legislative Policy Statement supporting Senate Bill 43 and its intent to simplify eligibility for Texas Children to apply for medical assistance by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order #01-0143

13.B-3) Move to approve the Legislative Policy Statement supporting Senate Bill 156 and its intent to take parental resources and assets out of consideration for the purpose of determining children's eligibility for Medicaid, and base the decision upon income by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order #01-0144

13.B-4) Move to approve the Legislative Policy Statement supporting the renewal of the Historic Courthouse Preservation Program by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0145

13.C) Approval of Denton County Redistricting 2001:

1) Splitting and Realigning Voter Precincts,
2) Redistricting of County Commissioners Precincts,
3) Redistricting of Justice of the Peace and Constables Precincts - County Judge.

NO ACTION

13.G) Approval of Denton County Operating Policy - County Judge. (Briefing 02-20-01)

NO ACTION - REPOST FOR NEXT WEEK

13.I) Approval of any action related to Open Records/Open Meetings Laws - ADA/Civil Division.

NO ACTION - REPOST FOR NEXT WEEK

ITEM 14 LEGAL

14.E) Approval of Jury+ Management System Software Maintenance Agreement between Jury Systems Incorporated and Denton County, Texas - ADA/Civil Division. (Briefing 02-20-01)

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0147 (There was no court action taken under Court Order 01-046.)

14.G) Approval of the Trade Contract Agreement No. 90-9534/Bid No. 01-00-1300 between Denton County and Shaw Contract Flooring for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements - ADA/Civil Division. (Briefing 02-20-01)

Move to approve by Comm. Jacobs, second by Judge Armey.
Motion Carried 5-0-0
Court Order #01-0148

ITEM 17 RECESS

ITEM 18 RECONVENE

ITEM 15 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. Mitchell, second by Comm. White.
Motion Carried 4-0-0 (Comm. Jacobs had other county business and will not be present for the remainder of the meeting.)

15.A) Real Property: Texas Government Code, Section 551.072: Real Property.

NO ACTION

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

NO ACTION

15.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.

NO ACTION

15.D) 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.

NO ACTION

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Shaw v. Toshiba Class Action Settlement.

Move to approve the recommendations of the District Attorney's Office, Civil Division,
Information Services and the Purchasing Department for the county to accept a partial
settlement in the amount of $5400 in coupons and approximately $1,450 in cash, with the possibility of additional funds to come sometime in the future, by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0149

15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A): Bruce & Rhonda Huther v. Trustees of Sanger I.S.D. and Lamarc and Denton County, Texas; Cause No. GC-97-00777-C pending in the Probate Court of Denton County, Texas.

NO ACTION

15.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A): LNW Real Estate. Ltd., v. Denton County, Texas, Cause No. 2001-10032-16 pending in the 16th Judicial District Court of Denton County, Texas.

Move to approve the recommendation of the District Attorney, Civil Division, Department of Public Works and the Planning Department that the court authorize a settlement by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order #01-0150

15.H) 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 States District Court, Eastern District, Sherman Division.

Move to approve the recommendation of the District Attorney, Civil Division, that the court authorize settlement in full and final acceptance of $300,000 from American Insurance Management, Inc. by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0151

15.I) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code: Bivens v. Lucas; Case No. 4:00cv47; in the United States District Court for the Eastern District of Texas, Sherman Division.

NO ACTION

15.K) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code: Purser v. Denton County, et al.; in the 367th Judicial District Court of Denton County; Cause No. 99-50982-367.

NO ACTION

15.J) Consultation with Attorney, Pending Litigation pursuant to Section 551.071 (1)(A), Government Code: Monk v. Anderson, et al.; in the 393rd Judicial District Court of Denton County, Texas, Cause No. 2001-60136-393.

15.L) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code: Discuss potential litigation re: Claim of T. Sweatman.

15.M) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code: Discuss potential litigation re: Claim of R. Matlock.

Move to assign 15.J, L & M to the District Attorney, Civil Division, by Judge Armey,
second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0152

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. Mitchell, second by Comm. White.
Motion Carried 4-0-0

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