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.


June 12, 2001

Be it remembered, Commissioners Court of Denton County, Texas met on this 12th day of June, 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 Garry Cox of the Central Baptist Church, Denton and was followed by the Pledges of Allegiance to the American and Texas Flags led by Amy Hughes, the team captain of the Sanger High School Lady Indians Softball Team.

Pastor Cox: Heavenly Father, as we come before You today, we know, Lord, that You're interested in all of us that have business and have needs this morning. We thank You, Father, for the opportunity and we thank You for the privilege of being able to bring these businesses before these men and women. We pray that You'll bless this day. We pray that You'll guide and direct us in every decision. Give wisdom, that which is needed, and we thank You, Heavenly Father, for the opportunity of having this business conducted here with Your name being honored. In Your name, we pray. Amen.

ITEM 1 PUBLIC INPUT

Lt. Tom Woods of the City of Denton announced Alternate Transportation Day on August 1, 2001.
Beth Fleming, Director of Purchasing, was recognized by the National Association of Purchasing Management for earning the status of Accredited Purchasing Practitioner.
Vicki Blackburn was introduced to the court as the new Administrative Assistant to Aid to Court, Barbara Looper.
Comm. Carter congratulated Bobby Abernathy, Systems Support Specialist for Information Services and Video Engineer for Commissioners Court, for his recent marriage.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Resolution recognizing the Sanger High School Lady Indians and proclaiming 2001 as Denton County Year of Sanger High School Lady Indians Softball Team - Commissioner Precinct One.

Move to approve resolution by Comm. White, second by Judge Armey.
Motion Carried 5-0-0
Court Order 01-0315

ITEM 16 ADDENDA

16.D) EXECUTIVE SESSION - Personnel Matters - Texas Government Code, Section 551.074; Deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Road and Bridge Manager. DA/Civil Division.

Move to Convene in Executive Session by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0

NO ACTION

ITEM 13 OTHER DEPARTMENTS

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

13.A-1) Judge Armey announced two new appointments to the Economic Development Commission: Jeff J. Meyers, CPA, of The Colony, Texas and Rick West of Lewisville, Texas.

13.A-2) Appointment of Tamara Null-Sadau of Sanger, Texas, (also Paralegal to the District Attorney, Civil Division) to the Child Protective Services Board and Linda Monaco, Ph.D of Corinth, Texas to the Mental Health Mental Retardation Board, pending background approval, by Comm. White, second by Judge Armey.
Motion Carried 5-0-0
Court Order 01-0316

ITEM 7 BUDGET

7.E) Approval of Budget Amendment Request #101420 for Miscellaneous Building Maintenance for Law Enforcement Facility in the amount of $17,912.

Move to approve by Comm. Carter.
Motion Failed for lack of a second.

ITEM 1 PUBLIC INPUT

Sheriff Lucas informed the court that his office has sent a letter of request to the Attorney General of Texas for his opinion regarding the Sheriff's use of salary attrition monies in his own budget.
Comm. Jacobs requested that this topic be placed on next week's agenda for discussion and request the District Attorney to be present. Judge Armey added that in two weeks the court would discuss the Budget Amendment policy regarding the use of salary attrition monies.

ITEM 2 CONSENT AGENDA (Items 8.A & 13.D pulled from consent)

PURCHASING

6.B) Approval of award of bid for Road Signs, Bid #03-01-1418, to Vulcan Signs, and any appropriate action. (Briefing 06-05-01)

BUDGET

7.A) Approval of Budget Amendment Request #101530 for Radios and Radars for Jail Health in the amount of $3,236. (Briefing 06-05-01)

7.B) Approval of Budget Amendment Request #101550 for Vehicle Repairs for Constable Precinct #4 including the transfer of funds from Non-Departmental Unappropriated Contingency in the amount of $4,118. (Briefing 06-05-01)

7.C) Approval of Budget Amendment Request #101560 to Increase Revenues and allocate expenditures for Office Supplies for Courthouse Museum in the amount of $638. (Briefing 06-05-01)

PUBLIC WORKS

10.C) Approve Tuesday July 17, 2001 at 9:15 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 18, Little Brook Estates, Precinct One. (Briefing 06-05-01)

10.D) Approve the Final Plat for Burns Branch Estates, Phase 2, Precinct Four.

COUNTY CLERK

11.A) Approve the minutes for May 29, 2001, Formal Session.

SHERIFF

12.A) Approval of Sheriff Weldon Lucas to Reapply for Underage Drinking Grant Funding from the Office of the Governor-Criminal Justice Division to fund the 20001-2002 grant and approval of resolution. (Briefing 06-05-01)

12.B) Approval of Sheriff Weldon Lucas to Accept Grant Funding awarded to Denton County Sheriff's Office from the Office of the Governor-Criminal Justice Division for the "Juvenile Impact Program" to fund the 2001-2001 grant and approval of resolution. (Briefing 06-05-01)

LEGAL

14.B) Approval of the Grant Acceptance for Continued Funding for the Prosecution Enhancement Grant WF-00-V-30-13432 for the Denton County Criminal District Attorney's Office. (Briefing 06-05-01)

Move to approve Consent Agenda with the exception of 8.A & 13.D by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0317

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.)

DELETION from Texas Narcotics Control Program Grant Fund, $4,703.00 to TAC Property/Casualty for auto insurance, pending grant approval.

CORRECTION to General Fund, $158.14 to Signature Inn Turfway, incorrect vendor, should be to Liz Foster of Vehicle Maintenance for county travel.

ADDITIONS:

To General, Court Support, $246.96 to Fredrick Lance Hoston for witness expense;
To General, Underage Drinking Grant, $200 to Denton County Sheriff's Office for "buy money";
To '99 Road Construction, $4,058.58 to First State Bank (wired to Commonwealth Land Title Co.) for Buchanan Trust/Fort Worth Sports Authority/Speedway for closing costs on right-of-way.

Move to approve Bill Report, as amended, and with the exception of Vendor 3395, Mark Lewis, and an explanation from the Judge involved, to be discussed at the next session by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-1-0 (Armey nay)
Court Order 01-0318

ITEM 6 PURCHASING

6.A) Approval of ranking of architectural firms for the Charlie A. Cole Building Kitchen Renovations and authorize contract negotiations with HDR as the most qualified firm, and any appropriate action. (Briefing 06-05-01)

Move by Comm. Jacobs to go forward on the negotiations with HDR and choose them as the court's number one professional service; request HDR to list mandatory requirements for the kitchen renovation apart from options over and above mandated requirements and the remainder of the juvenile detention requests be set-up as options to bid out; second by Comm. Carter to have the Public Works Director work very closely with all parties in the negotiations.
Motion Carried 5-0-0
Court Order 01-0319

6.C) Approval of selection of Teague, Nall and Perkins as the most qualified engineering firm for inspection services for the Shale Creek Community project, authorize contract negotiations, and any appropriate action.

Move to approve by Comm. Carter, second by Judge Armey.
Motion Carried 5-0-0
Court Order 01-0320

ITEM 7 BUDGET

7.D) Approval of Budget Amendment Request #101570 for Repair and Maintenance for Courthouse-on-the-Square including the transfer of funds from Non-Departmental Unappropriated Contingency in the amount of $5000. (Briefing 06-05-01)

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 3-2-0 (Jacobs & Mitchell, nay)
Court Order 01-0321

ITEM 8 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.) Terry Collins, Detention Officer I/County Jail; Steve LaSalle, Detention Officer I/County Jail; Suzanne Parkhill, Detention Inmate Programs Computer Manager/County Jail; Robin Barrow, Financial Manager/Narcotics Task Force Grant; Rachel Crowe, Geographic Database Manager/County Planning; Tamarra Boren, Administrative Assistant I/Constable Pct. 3; Candance Rich, Assistant Chief Deputy-Civil/Probate/Mental Health/County Clerk; Desmond Iwuagwu, Detention Officer I/County Jail.

Move to approve Order Making Appointments except for 8.A-8 and 8.A-9, which was pulled, by Judge Armey, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0322

8.A-9) Move to approve Robert Holliefield, Deputy Constable/Pct.3, at a Step One, as recommended by the Human Resource Director, by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0323

Comm. White excused herself from the remainder of the morning session.

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.

10.A-1) Move to approve the following Potential Change Orders by Comm Carter, second by Comm. Jacobs: #73, involving the Masonry, Drywall and Steel Contractors, using wall ties to connect bond beam to joists, placing the bond beam in all areas where a fire-rated wall conflicts with a joist; build a drywall partition around joist to deck to maintain the fire rating of the wall, using one layer of drywall and caulk to create a smoke partition; a credit for the steel contractor to not install angle clips to tie the wall to the deck, for an add of $12,998; #74, install combination locks on all dormitory lockers for an add of $5,107; #75, furnish and install one-inch conduits between six rooms, delete television cable in certain cells, delete fire alarm and P/A conduits and install them with plenum rated cable in Areas C-H and change wire and conduit per approved Willo Detention Drawings for a credit of $2,601; #96, finish out four windows for guard stations in Area A, finish out three hollow metal frames for the Bonds/Records Room and cut eight hollow metal frames down and finish out for an add of $3,990; #102, remove and rework security wire on top of the front of the existing jail for an add of $4,224 and #103, repair two hollow metal window frames for an add of $590.
Motion Carried 4-0-0
Court Order 01-0324

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.

10.B-1) Move by Judge Armey, second by Comm. Jacobs that a letter with the County Judge's signature be sent to the North Texas Tollway Authority requesting a more westerly realignment of the Dallas North Tollway north of SH 380, as supported by property owners in the area, including a request for monetary assistance on an alignment study, and cc the letter to Mr. Dillard, Mr. Blackwood and John Polster.
Motion Carried 4-0-0
Court Order 01-0325

10.B-2) Move by Comm. Jacobs, second by Comm. Carter that a letter with the County Judge's signature be sent to Mr. Hebert regarding the status of the contract on the Lake Lewisville Bridge project and cc to the same three people as in Court Order 01-0325
. Motion Carried 4-0-0
Court Order 01-0326

10.B-3) Move by Comm. Jacobs, second by Comm. Mitchell that a letter with the County Judge's signature be sent to Mr. Hebert regarding the SH 121 interconnect with the Tollway on the 121 interchange and cc to the same three people as above.
Motion Carried 4-0-0
Court Order 01-0327

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

10.A-2) Move to approve Automated Cable Services, Inc. to do the required work at the Pre-Trial Facility at a total project cost of $2,250.00 by Comm. Carter, second by Comm. Jacobs
Motion Carried 4-0-0
Court Order 01-0328

10.E) FOR RECORDING PURPOSES ONLY: Acceptance of the Road Superintendents Report for the month of May 2001.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-01329

ITEM 13 OTHER DEPARTMENTS

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.

NO ACTION

Judge Armey announced that the next meeting for the Redistricting Committee would be June 20, 2001 at 7:00 p.m.

13.D) Approve the request from the City of Denton for use of the county parking lots at Mulberry and Carroll as a staging for their annual parade held on July 4, 2001 from 8:00 a.m. until 12:00 p.m. - Aide-to-the-Court. (Briefing 06-05-01)

Move to approve with the City of Denton doing the clean-up and either the City or County providing 50 gallon drums for trash collection prior to an event by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0330

ITEM 16 ADDENDA

16.A) Approval of Contract between Denton County, Texas, and Teague Nall and Perkins, Inc. for Inspections of Shale Creek - DA/Civil Division.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0331

ITEM 17 RECESS

ITEM 18 RECONVENE

Comm. White rejoined the session.

ITEM 13 OTHER DEPARTMENTS

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

Rider Scott, Legislative Consultant to Commissioners Court, presented and distributed a briefing book on current legislation.

Move by Comm. Jacobs, second by Comm. Carter for the County Judge's office to put a cover letter on copies of Mr. Scott's 77th Legislative Summary book and send to every elected official, department head, the Legislative Administrative Judge and the transportation consultant, John Polster, for their review and response as to how legislative changes will affect their department and their upcoming budget.
Motion Carried 4-0-0 (Comm. Mitchell excused herself during the presentation)
Court Order 01-0332

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.

16.B) EXECUTIVE SESSION - Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); LNW REAL ESTATE, LTC v. Denton County, Texas, pending in the 16th District Court of Denton County, Cause No. 2001-10032-16. DA/Civil Division

16.C) EXECUTIVE SESSION - Consultation with Attorney: Deliberation Regarding Economic Development Negotiations, Texas Government Code, Section 551.086; Austin Project. DA/Civil Division.

NO ACTION ON ITEMS 15.A & B, 16.B & C

15.C) 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.

Move to approve the recommendation of the District Attorney, Civil Division, that the court authorize the Civil Division to negotiate an agreement for outside counsel to represent the county on this pending litigation by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0333

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. Jacobs, 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.