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.


March 13, 2001

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 13th day of March, 2001, with Judge Scott Armey presiding. Commissioners Cynthia White, Bobbie J. Mitchell 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 Randy Snow of the Faith Tabernacle Assembly of God in Denton, Texas and was followed by the Pledges of Allegiance to the American & Texas Flags led by Barbara Looper, Aide to Commissioners Court.

Pastor Snow: Father, we thank You for this morning for another day to serve You and to live for You. Thank You for the breath of life that we have. Thank You, Lord, for the freedom that we have today in America to call upon You. I thank You, Lord, for the desire of this Court to open their session in calling upon that name which is above every name, realizing Lord, that someday we will all stand before Thee and give an account. Let the words of our mouth, the meditation of our heart be acceptable in Thy sight. I pray, Lord, that You would guide each and every one of us. Lord, that You would direct us in the direction that we're headed today for our County. Lord, that You, by Your divine spirit, would go with us so that at the end of the day, we would once again bow and give thanks for the grace of the Lord to us for another day. We thank You and we praise You for these things. In Your name, Amen.

ITEM 1 PUBLIC INPUT

Judge Armey explained that Comm. Jacobs was detained out of state on personal business.

ITEM 2 CONSENT AGENDA

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of renewal of bid for Transportation of Human Remains, Bid #5-99-1225, to Goen-Hudges Funeral Home, Inc., and any appropriate action. (Briefing 03-06-01)

6.B) Approval of specifications and authority to advertise for a 50 Ton 3 Axle Removable Gooseneck Trailer, Bid #02-01-1411, and any appropriate action. (Briefing 03-06-01)

BUDGET

7.A) Approval of Budget Amendment Request #100930 for Contract Labor for District Clerk in the amount of $450. (Briefing 03-06-01)

7.C) Approval of Budget Amendment Request #100960 for National Associate of Counties and North Central Texas Council of Governments for Appropriations in the amount of $576. (Briefing 03-06-01)

7.D) Approval of Budget Amendment Request #100970 for Elevator Maintenance for Denton County Courts Building in the amount of $96,500. (Briefing 03-06-01)

7.F) Approval of Budget Amendment Request #100990 for Non-Departmental Personnel Contingency for Various County Departments in the amount of $36,532. (Briefing 03-06-01)

7.G) Approval of Budget Amendment Request #101000 to transfer funds from Unappropriated Contingency and various other line items in the District Attorney Chapter 59 Funds Budget for Contract Labor and the creation of a new line item for county purposes for FY 2000-2001 for District Attorney Chapter 59 Forfeiture Fund in the amount of $8,000. (Briefing 03-06-01)

7.H) Approval of Budget Amendment Request #101010 for Salary/Assistants/Benefits for CHIP Outreach Grant in the amount $343. (Briefing 03-06-01)

7.J) Approval of Budget Amendment Request #102030 for Repair and Maintenance for Carroll Building County Administration in the amount of $11,500. (Briefing 03-06-01)

7.K) Approval of Budget Amendment Request #101050 for Radios and Radars for Constable, Precinct #6 in the amount of $4,660. (Briefing 03-06-01)

7.L) Approval of Budget Amendment Request #101060 to transfer funds from Non-Departmental Unappropriated Contingency for Cars and Small Trucks for Sheriff's Department in the amount of $20,996. (Briefing 03-06-01)

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: Wilburn Robinson, Foreman, Centralized Road & Bridge; Jimmie Burris, Environmental Health Coordinator/Environmental Division; Lisa Williams, Registered Nurse/Public Health(Clinical); Francis Allen, Juvenile Corrections Officer/JJAEP; Melanie Miller, Adminstrative Assistant/Juvenile Probation; David Hunt, Legal Intern/VAWA Intern Project Grant.

8.B) Approve a resolution supporting an active safety program within the County. (Briefing 03-06-01)

PUBLIC WORKS

10.C) Approve Final Plat for Lots 1, 2 and 3, Block A, Ponder Creek Addition, Commissioner, Precinct 4.

10.D) Approve April 17, 2001 at 9:15 a.m. as date and time to conduct a Public Hearing to consider and approve the replat of Lot 4 Quail Meadows, Phase 1, Precinct 1.

OTHER DEPARTMENTS

13.F) Approval of Building Usage requested by Shari Withey, Denton Market-on-the-Square, for the use of the Courthouse Lawn and Courthouse first floor, every Saturday starting May 19, 2001 through October 27, 2001, from 8:00 a.m. until 1:00 p.m., for the purpose of the Denton Market-on-the-Square - Aide-to-
the-Court. (Briefing 03-06-01)

13.H) Approval of the Reappointment of Ben Carruthers and Eugene Eng as Directors for the Denton County Levee Improvement District No. 1 - Public Works Director. (Briefing 03-06-01)

LEGAL

14.B) Approval of Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Dallas. (Briefing 03-06-01)

14.C) Approval of an Application for Custom Work between Denton County, Texas and Southwestern Bell Telephone Company. (Briefing 03-06-01)

14.E) Approval of Amendment No. 1 to the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Argyle for Crawford Road (Robson Ranch Road) West of IH 35W dated June 6, 2000. (Briefing 03-06-01)

14.F) Approval of Interlocal Cooperation Agreement for Library services between Denton County and the City of Carrollton. (Briefing 03-06-01)

14.H) Approval of the Trade Contract Agreement No. 90-9607/Bid No. 05-00-1334 between Denton County and American Seating Company for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition, and Security Enhancements. (Briefing 03-06-01)

Move to approve Consent Agenda by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0153

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Resolution recognizing March as Nation Red Cross Week - County Judge.

Move to approve by Judge Armey, second by Comm. White.
Motion Carried 4-0-0
Court Order #01-0154

ITEM 5 AUDITOR/TREASURER

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, $293.25 to Homewood Suites/Hilton, void per department;
From the General Fund, $50.00 to Kathy Thoms, duplicate payment.

DELETION from CSCD, $180.84 to Sa-So Company, incorrect amount.

ADDITION to the General Fund/DA Criminal, $4.00 for Key.

ADDITION to TNCP, $230.00 to Joshua Crain for Return Seized Funds.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 3-1-0 (Armey nay)
Court Order #01-0155

5.C) Approval of the Denton County 2001 Unreimbursed Health Care Expenditure Report for Submission to the Texas Department of Health.

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0156

ITEM 7 BUDGET

7.B) Approval of Budget Amendment Request #100950 for Consultant Fees for Non-Departmental in the amount of $25,500. (Briefing 03-06-01)

Move to approve a corrected fee of $27,500 by Judge Armey, second by Comm. Carter.
Motion Carried 3-1-0 (White nay)
Court Order #01-0157

7.I) Approval of Budget Amendment Request #101020 for Computers for District Clerk in the amount of $1,539. (Briefing 03-06-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0158

7.E) Approval of Budget Amendment Request #100980 to Increase Revenues and transfer matching funds from Non-Departmental Unappropriated Contingency for Architect Fees for Courthouse-on-the-Square in the amount of $497,220. (Briefing 03-06-01)

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0159

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 - Discussion on space usage and the location of the chiller for the Courthouse on the Square.

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.

NO ACTION

ITEM 13 OTHER DEPARTMENTS

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

NO ACTION

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

13.B-1) Move to approve the Legislative Policy Statement supporting House Bill 1588 and its interest to give county purchasing agents the option of receiving continuing education credit from state professional associations by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0160

13.B-2) Move to approve the Legislative Policy Statement supporting House Bill 197 and its interest to make all statutes related to city and county purchasing bid thresholds compatible by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0161

13.B-3) Move to approve the Legislative Policy Statement supporting House Bill 1981 and Senate Bill 871 and its interest to give counties the option of receiving competitive bids electronically by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0162

13.B-4) Move to approve the Legislative Policy Statement supporting Senate Bill 872 and its interests to give counties the option of posting bids electronically by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0163

13.B-5) Move to approve the Legislative Policy Statement supporting Senate Bill 335 and House Bill 884 and its interest to give counties the option of entering into interlocal agreements with other states by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0164

13.B-6) Move to approve the Legislative Policy Statement opposing House Bill 2854 with the intent of using statistically corrected 2000 Federal Census Data for State and local Redistricting byComm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order #01-0165

13.B-7) Move to approve the Legislative Policy Statement opposing HJR89 with the intent to allow a county to construct, maintain or improve in the county any street, road or highway of a city, town or village by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order #01-0166

13.C) Approval of Denton County Redistricting 2001:

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

Don Alexander, Director of Elections, distributed to the court a chart outlining the make-up of each Precinct.

13.E) Approval of Denton County Operating Policy - County Judge.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0167

13.G) Approval of Denton County Building Usage Policy and any appropriate action - County Judge. (Briefing 03-06-01)

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0168

ITEM 14 LEGAL

14.D) Approval of Amendment to the Agreement between Denton County, Texas and Verizon, formerly known as GTE Southwest Incorporated for CentraNet Services. (Briefing 03-06-01)

Move to approve by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0169

14.G) Approval of Road Construction and Reimbursement Agreement between Denton County, Texas and Robson Denton Development, LP, and Arizona limited partnership. (Briefing 03-06-01)

Move to approve by Comm. Carter, second by Judge Armey.
Motion Carried 3-0-1 (Mitchell abstained)
Court Order #01-0170

ITEM 16 ADDENDA

16.A) Approval of Assignment of Right-of-Way Acquisition duties for the Highway 544/Parker Road
project - Commissioners Court.

Move to assign duties to the District Attorney, Civil Division, by Comm. Carter, second by Judge Armey.
Motion Carried 4-0-0
Court Order #01-0171

ITEM 17 RECESS

ITEM 18 RECONVENE

ITEM 13 OTHER DEPARTMENTS

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

Presentation was given by the District Attorney's Office, Civil Division.

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

Court Convened in Executive Session.
Court Reconvened in Formal Session.

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

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

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.

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.

15.E) 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 Crobitt; Chase Manhattan Bank, USA, N.A.; Mary Horn (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.

NO ACTION ON ITEMS 15.A THROUGH 15.E

15.F) Consultation with Attorney pursuant to Texas Government Code Section 551.071 (1)(A), contemplated litigation, to consider the claim of Tonya Thompson.

Move to approve the recommendation of the District Attorney, Civil Division, for the court to settle this claim and authorize the County Auditor to make payment by Judge Armey, second by Comm. White.
Motion Carried 4-0-0
Court Order #01-0172

ITEM 19 ADJOURNMENT

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

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