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.

May 15, 2001

Be it remembered the Commissioners Court of Denton County, Texas met on this 15th day of May, 2001 with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, 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 Buddy Owens of the Bell Avenue Baptist Church in Denton and was followed by the Pledges of Allegiance to the American and Texas Flag led by Cathy Alcorn, Interim Planning Manager for Denton County.

Pastor Owens: Our Father, we thank You personally tonight for the opportunity to be here and to serve You. We thank You, Father, for living in the best country in the world. We thank You, Father, You have taught us how to follow You and how to love You and understand You, to reach You through our Lord and Savior, Jesus Christ. And it's in His name that we come and approach You tonight. Father, and thank You, ask You to cleanse our hearts now, Father, personally, and then, Father, collectively for these that serve in our county. We thank You, Father, for their authority. We pray, our Father, tonight as they handle that, they would do it in a manner, Father, which would please You. We pray, Father, that they would embrace this responsibility, Lord, and realize tonight, new and refreshed, how important it is for the representation of Your people. We thank you again, Father, for the greatest place in the world and for the greatest opportunity. And pray, Father, that what is accomplished here tonight would be good for mankind. This is our prayer in Jesus' name. Amen.

ITEM 1 PUBLIC INPUT

Jody Gonzalez, Fire Marshall for Denton County, announced the first Denton County Spring Fire School for May 18 & 19, 2001 sponsored by his office and free to any Denton County fire fighter.
Kirby Pickett, Deputy Executive Director for the Texas Department of Transportation, presented the prestigious Texas Road Hand Award to Comm. Sandy Jacobs for her dedication and time spent on improving local and regional transportation projects.
Judge Armey announced that Comm. Mitchell would not be present tonight due to a death in her family.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of resolution to honor Caleb D. Williams, a senior at Lewisville High School, for his outstanding performance and achievement in becoming Denton County's 1st student ever to win 1st place in the Nation at the American Legion National High School Oratorical Competition - Commissioner Precinct #3.

Move to approve by Judge Armey, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0274

ITEM 4 PUBLIC HEARINGS

4.A) Approve the Replat of Lot 1, Block B, Breezy Acres Estates, Precinct Four - Public Works.

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

No one spoke in favor or against.

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

Move to approve the Replat by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0275

4.B) Approve the Replat for Lot 8, Block A, Breezy Acres, Precinct Four - Public Works.

REMOVED FROM THE AGENDA

ITEM 2 CONSENT AGENDA

AUDITOR/TREASURER

5.B) Approval of resolution with First State Bank of Texas to provide internet banking services. (Briefing 05-08-01)
5.C) Approval of Funds Transfer Agreement between Denton County and First State Bank of Texas. (Briefing 05-08-1)

PURCHASING

6.A) Approval of award of bid for a 50 ton 3 Axle Removable Gooseneck Trailer, Bid #02-01-1411, to Dallas Trailer and Equipment Sales for $35,541, and any appropriate action. (Briefing 05-08-01)

BUDGET

7.A) Approval of Budget Amendment Request #101350 for Vehicle Repairs for License and Weight in the amount of $2,093. (Briefing 05-08-01)

7.C) Approval of Budget Amendment Request #01370 to increase revenues and allocate expenditures
for various line items for Criminal District Attorney-Metro Alien Task Force in the amount of $13,000. (Briefing 05-08-01)

HUMAN SERVICES

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: Christy Stewart, Deputy Clerk-Support Court/County Clerk; Jefflyn Gilbert, Deputy Clerk-Support Courts/County Clerk; Stephanie Kyle, Senior Clerk -Criminal Courts/County Clerk; Bryan Gann, Detention Officer II-Medical/Jail Health; Barry Pennell, Deputy Sheriff/Sheriff.

COUNTY CLERK

11.A) Approve the minutes for May 1, 2001, Formal Session.

OTHER DEPARTMENTS

13.D) Approval of Software Management Team with representatives from Information Services, Auditor, Purchasing, Human Resources, District Attorney, Sheriff and Commissioners Court, Commissioner Sandy Jacobs. (Briefing 05-08-01)

13.E) Approval of building usage requested by Jennifer Collins for the use of the Commissioners Courtroom and the Conference Room on October 20, 2001 from 12 noon until 8:00 p.m. for the purpose of a wedding. (Briefing 05-08-01)

LEGAL

14.B) Approval of the Agreement between Denton County, Texas and HDR Architecture, Inc. for the design and construction phases of the Charlie A. Cole Building. (Briefing 05-08-01)

14.C) Approval of Authorization by Denton County, Texas for Innovative Transportation Solutions, Inc., to Execute a Contract with Halff Associates for Safety Improvements to FM 455 at Metz Road in Sanger, Texas. (Briefing 08-08-01)

14.D) Approval of Modifications to the Contract between Denton County, Texas, and Turner, Collie & Braden, Inc., for Engineering Services for the Parker Road Extension. (Briefing 05-08-01)

14.E) Approval of Renewal of the ATM Placement Agreement between Denton County, Texas, and First State Bank of Texas for an Automatic Teller Machine in the Denton County Courts Building. (Briefing 05-08-01)

Move to approve Consent Agenda by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0276

ITEM 10 PUBLIC WORKS

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.

Presentation by John Polster of Innovative Transportation Solutions, Inc. on Better Safer Roads.

10.C) Presentation of the duties and responsibilities of the Department of Public Works, Road and Bridge and any appropriate action.

The following citizens voiced their concerns and suggestions concerning their roads: Glynnis Phillips on Swisher Road, Tommy Purser on Ripy Road, Rebecca Holbrook, Randy Anderson, Melba J. Phares, Jeri Anderson, Charles Burch & Dr. Bruce Lyle on the maintenance and the urgent need for asphalting Ike Byrom Road.

ITEM 17 RECESS

ITEM 18 RECONVENE

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.)

ADDITION to the General Fund, Emergency Management Grant monies, $22,995.00 to Travis Boating Center for a boat, motor & trailer.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 3-1-0 (Armey nay)
Court Order 01-0277

ITEM 7 BUDGET

7.B) Approval of Budget Amendment Request #101360 for Operating Equipment for Courthouse Security in the amount of $10,500. (Briefing 05-08-01)

Move to approve an amended financial impact of $17, 500 by Comm. Jacobs, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0278

ITEM 8 HUMAN RESOURCES

8.B) Approve revisions to Policy #7.1-Application for Employment.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0279

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

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.

Move to approve a resolution stating the court's opposition to Senate Bill 1120 by Comm. Jacobs, second by Judge Armey.
Motion Carried 4-0-0
Court Order 01-0280

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,
4) 2001 Redistricting Committee - County Judge.

Move to appoint Dr. Charles Ku as the Asian representative to the Redistricting Committee by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0281

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. Carter.
Motion Carried 4-0-0

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.

NO ACTION ON ITEMS 15.A THROUGH D

15.E) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code, McBrayer v. Denton County, et al.; in the Untied States District Court, Eastern District, Sherman Division; Case no. 4:00cv285.

Move to approve the recommendation of Counsel for the Sheriff to settle the records claim in the amount of $5,000, approve the settlement agreement, and release and authorize the County Judge to execute that release; also, authorize the Budget Director, the Auditor and the Treasurer to transfer funds from the Sheriff's Jail Salary Attrition Account to the Lawsuit Settlement line item and cut a check for $5,000 by Comm. Jacobs, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0282

ITEM 19 ADJOURNMENT

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

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