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.

April 17, 2001

Be it remembered that Commissioners Court of Denton County, Texas met on this the 17th day of April, 2001, with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell 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 David Bruce of the Aubrey Assembly of God and was followed by the Pledges of Allegiance to the American and Texas Flag led by Mayor Olive Stephens of Shady Shores.

Pastor Bruce: Father, we want to thank You for this opportunity that we have to do Your business among the people. We pray, Father, for Your wisdom, that You'll fill us. We pray, Lord, that we'll be guided by Your love for people and, Lord, that all that is to be accomplished today will be accomplished. Father, we thank You for the strength, for the leadership that You've given us in this County. And, Lord, I pray that You will continue to minister to them as they minister to us. We ask these things in the name of Jesus. Amen.

ITEM 2 CONSENT AGENDA

BUDGET

7.A) Approval of Budget Amendment Request #101180 for prior year purchases for various County Departments in the amount of $619,134. (Briefing 04-10-01)

7.B) Approval of Budget Amendment Request #101190 for Service Contracts and HVAC Supplies for County Operations including the transfer of funds from Non-Departmental Unappropriated Contingency in the amount of $23,550. (Briefing 04-10-01)

7.C) Approval of Budget Amendment Request #101210 for Contract Labor and the creation of a new line item for county purposes for FY 2000-2001 for Juvenile Detention in the amount of $607. (Briefing 04-10-01)

7.D) Approval of Budget Amendment Request #101260 for Statement of Facts for County Criminal Court #4 in the amount of $1,500.

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: Casey Finke, Detention Officer I/County Jail; Diane Lehotsky, Deputy/DARE Officer/Sheriff.

COUNTY CLERK

11.A) Approve the minutes for April 3, 2001, Formal Session.

 

OTHER DEPARTMENTS

13.E) Approval of Building Usage requested by Debra Johnson for the use of the 1896 Room and Hallway for Saturday, May 5, 2001 from 3:00 p.m. until 6:30 p.m. and Sunday, May 6, 2001 from 11:a.m. until 6:00 p.m. for the purpose of set up and for a Senior Tea - Aide-to-the-Court. (Briefing 04-10-01)

13.F) Approval of Building Usage requested by Chin Uei Ong for the use of the 1896 Room, Commissioners Courtroom, Conference Room, and 3rd floor balcony for Saturday, May 19, 2001 from 5:00 p.m. until Midnight and Sunday, May 20, 2001 from 8:00 p.m. until 5:00 p.m. for the purpose of a wedding rehearsal and wedding - Aide-to-the-Court. (Briefing 04-10-01)

LEGAL

14.D) Approval of Trade Contract Agreement No. 90-9560/Bid No. 11-00-1397 between Denton County and Southwest Solutions Group, Inc., for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition, and Security Enhancement. (Briefing 04-10-01)

14.E) Approval of Trade Contract Agreement No. 90-9564/Bid No. 11-00-1398 between Denton County and Southwest Solutions Group, Inc., for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition, and Security Enhancement. (Briefing 04-10-01)

14.F) Approval of Advertising Contract between Denton County, Texas and KnightRidder.com. (Briefing 04-10-01)

14.G) Approval of Formal Resolution directing the dissolution of the Denton County Industrial Development Corporation. (Briefing 04-10-01)

Move to approve the Consent Agenda by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0222

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Resolution declaring April 22 - 28, 2001 as Crime Victims' Rights Week - County Judge.

Move to approve by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0223

3.B) Approval of the Resolution recognizing the National Day of Prayer on May 3, 2001 - Commissioner Precinct #1.

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0224

ITEM 4 PUBLIC HEARINGS

4.A) Approve a Special Permit for a Cell Tower Equipment Tower for Tract 37, Abstract 661 as requested by Mrs. Rachel Duesman and recommended by the Lake Ray Roberts Planning and Zoning Commission - Public Works.

Move to Open Public Hearing by Comm. Mitchell, second by Comm. Carter.
Motion Carried 5-0-0

No one spoke for or against.

Move to Close Public Hearing by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0225

4.B) Approve the Replat of Lot 4, Quail Meadows, Phase I, Precinct One - Public Works.

Move to Open Public Hearing by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0

No one spoke for or against.

Move to Close Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0226

ITEM 5 AUDITOR/TREASURER

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, $69.28 to Leslee Scott, Inc., per department;
From '99 Road Construction, $16.72 to Michael Frye, incorrect vendor.

ADDITIONS TO THE GENERAL FUND:

Carrollton Gvt. Center, $1,202.33 to TXU Electric for services;
DA, $45.00 to the U.S. Postmaster for post office box rental 1271;
County Wide Tec, $30,575.59 to Dell Financial Services for lease payment.

Move to approve Bill Report, as amended, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0227

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.

Judge Armey announced the letting schedule for road work this calendar year by the Texas Department of Transportation.

ITEM 13 OTHER DEPARTMENTS

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

Move to re-appoint Jerry Taylor to the Social Services Committee by Judge Armey, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0228

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

NO ACTION

ITEM 14 LEGAL

14.B) Approval of Modifications to the Contract between Denton County, Texas and Halff Associates, Inc., for Engineering Services for SH 121 Main Lanes West of I-35 Project. (Briefing 04-10-01)

POSTPONED FOR A WEEK

14.H) Approval of Termination of the Agreement between County and Engineer between Denton County, Texas and Halff Associates, Inc., for the IH-35E Ramp Project.

14.I) Approval of: a) Determination that the IH-35 Ramp Improvement Project (No. 7452) under the Better, Safer Roads Program is being funded from the sources; b) Declaration that the Interest Earning of $33,000 from the 1991 Bond Funds for said Project are Excess Funds and no longer needed for said project; and c) Allocation of said Excess funds to the FM 3040 Improvement Project.

14.J) Approval of: a) Determination that the IH-35 Ramp Improvement Project (No. 7452) under the Better, Safer Roads Program is being funded from the sources; b) Declaration that the funds for said Project are Excess Funds and no longer needed for said project; and c) Allocation of said Excess funds to the FM 3040 Improvement Project.

Move to approve Items 14.H,I & J, with 14.I & J amended to read "other sources" instead of "the sources" by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0229

14.C) Approval of: A) Resolution authorizing participation in the development and construction of the widening of FM 3040 (from FM 2499 to Edmonds Lane and B) Local Transportation Project Advanced Funding Agreement for a Surface Transportation Program - Urban Mobility Project between Denton County, Texas, and the Town of Flower Mound, City of Lewisville and the State of Texas, acting through
the Texas Department of Transportation for the widening of FM 3040 (from FM 2499 to Edmonds Lane). (Briefing 04-10-01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0230

ITEM 13 OTHER DEPARTMENTS

13.G) Approval of a Resolution and discussion of a strategic plan encouraging Boeing's relocation to Denton County and any appropriate action - County Judge.

Move to approve by Judge Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0231

ITEM 17 RECESS

ITEM 18 RECONVENE

ITEM 13 OTHER DEPARTMENTS

13.D) Approval of revision to the Denton County Tax Abatement Policy - County Judge. (Formal 04-10-01)

POSTPONED FOR A WEEK

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.

13.C-1) Move to authorize Don Alexander, Director of Elections, to apply the court's recommended changes onto the maps and bring them back for review and vote at the next meeting by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0232

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

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 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. 99-5098-367.

NO ACTION ON ITEMS 15.A THROUGH 15.E

15.F) Consultation with Attorney: Pending 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., Cause No. 4:01-CV-00111, pending in the United States District Court, Eastern Division of Texas, Sherman, Texas.

Move to approve the recommendation of the District Attorney, Civil Division, to authorize his office to consent to the assignment of this matter to be heard before the Federal Magistrate, Judge Faulkner, in the Federal District Court, Eastern District, Sherman Division.
Motion Carried 5-0-0
Court Order #01-0233

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. Mitchell, second by Comm. White.
Motion Carried 5-0-0

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