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.

July 24, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:09 am on the 24th day of July, 2001 with Judge Scott Armey presiding. Commissioners Sandy Jacobs and Bobbie J. Mitchell were present, along with deputy clerk Kathleen Bransford.

Court opened with an Invocation by Pastor Gary W. Summers of the Pearl Street Church of Christ and was followed by the Pledges of Allegiance to the American and Texas Flags led by Barbara Looper, Aide to Commissioners Court.

Pastor Summers: Gracious Heavenly Father, we are thankful for the freedoms that we have in this nation. We're mindful of those who live under oppressive systems. And we pray that they may be blessed, that things may improve, and that You would grant them endurance. Heavenly Father, we're mindful that there are many needs in this community that need to be met. And we pray for those who take the lead in these matters, that they may have wisdom in exercising the judgments that need to be made. We're mindful of the fact that sin dominates in large part this nation. And we pray for a restoration of respect for human life and dignity. And we pray that hearts of men and women will be turned under thee and that this nation might have more than a passing acquaintance with thy word. We're thankful for Jesus, also, who died on the cross for our sins. May we ever love and respect him in return. And may we diligently seek thee to follow thy paths. In the name of Christ we pray. Amen.

ITEM 1 PUBLIC INPUT

Mildred Hawk of Denton requested that the court review and renew county funding for the Denton City/County Day Care because it is vital to many working mothers and children throughout the county.

ITEM 4 PUBLIC HEARINGS

4.A) Approve the Replat of Lot 10, Pecan Valley Addition, Precinct 1.

Move to Open the Public Hearing by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0

The following citizens spoke in opposition to the replat: Mr. & Mrs. Brent Hill and Clint Doss, both from Pecan Valley.

Sharon Vaughn, Pecan Valley, spoke in favor of the replat.

Move to Recess the Public Hearing to reconvene at 9:15 am, July 31, 2001, by Judge Armey, second by Comm. Jacobs.
Motion Carried 3-0-0

ITEM 2 CONSENT AGENDA

(The following items were pulled for further discussion or separate vote: 8A, 8C, 13G & 14B)

BUDGET

7.B) Approval of Budget Amendment Request #101740 for Fleet Liability Insurance for Non- Departmental in the amount of $27,189. (Briefing 07-17-01)

7.C) Approval of Budget Amendment Request #101760 for Copier Supplies for Print/Mail Department including the transfer of funds from Non-Departmental Unappropriated Contingency, Regular Contingency in the amount of $18,000. (Briefing 07-17-01)

7.D) Approval of Budget Amendment Request #101770 for Gasoline and Operating Supplies for Constable Precinct #6 in the amount of $3,150.

7.E) Approval of Budget Amendment Request #101780 for various line items for County Treasurer in the amount of $1,039.

7.F) Approval of Budget Amendment Request #101790 for various line items for Department of Information Services in the amount of $7,126.

7.G) Approval of Budget Amendment Request #101810 for Office Supplies for County Auditor in the amount of $800.

7.H) Approval of Budget Amendment Request #101860 for Office Supplies for Tax Assessor/Collector in the amount of $2,300.

HUMAN RESOURCES

8.B) Approve the release of a temporary downgrade (slot 001-CV) and a salary adjustment for Beverly Bailey -Criminal District Attorney. (Briefing 07-17-01)

PUBLIC WORKS

10.D) Approve move for County Court at Law #1 from the Charlie J. Cole Building to the Denton County Courts Building on a temporary basis until renovations to the Charlie J. Cole Building have been completed and any appropriate action regarding this issue. (Briefing 07-17-01)

COUNTY CLERK

11.A) Approve the minutes for July 10, 2001, Formal Session.

OTHER DEPARTMENTS

13.D) Approval of appointing Frances Caster, Lee Ann Nutt, and Earlean Murphy to the North Texas Workforce Board - County Judge. (Briefing 07-17-01)
13.E) Approval of Building Usage requested by Karen Abernathy, Denton County Democratic Executive Committee, for the use of the Commissioners Courtroom every 4th Wednesday of the months of August, October, December, 2001, February, April, June, August, October, and December 2002 from 6:30 p.m. to 10:00 p.m. - Aide-to-the-Court. (Briefing 07-17-01)

13.F) Approval of Building Usage requested by Penelope Hanstein, TWU Dance Department, for the use of the 1896 Room on Tuesday, August 21, 2001, form 9:00 a.m. to 5:00 p.m. and Wednesday, August 22, 2001, from 9:00 a.m. to 1:00 p.m. for the purpose of a Faculty Retreat - Aide-to-the-Court. (Briefing 07-17-01)

13.I) Approval of appointment of Margaret B. Smith to the Denton County Historical Commission - Aide-to-the-Court. (Briefing 07-17-01)

LEGAL

14.C) Approval of Premier Access Program Application and Premier Access Program Agreement with the Dell Computer Corporation for the Department of Information Services. (Briefing 07-17-01)

14.D) Approval of renewal for the Interlcoal Cooperation Agreement for Tax Collection between Denton County and the Town of Shady Shores. (Briefing 07-17-01)

14.E) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and Lake Dallas ISD. (Briefing 07-17-01)

14.F) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and Northwest ISD. (Briefing 07-17-01)

14.G) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Roanoke. (Briefing 07-17-01)

14.H) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Lake Cities Municipal Utility Authority. (Briefing 07-17-01)

14.I) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Corinth. (Briefing 07-17-01)

14.J) Approval of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Erath County. (Briefing 07-17-01)

14.K) Approval of Administrative Services Agreement, Deferred Compensation Plan, Employer Appointment of Agent and Portfolio Director Group Master Application with American General Financial Group/VALIC. (Briefing 07-17-01)

14.L) Approval of Revision to the Denton County Flood Damage Prevention Ordinance. (Briefing 07-17-01)

Move to approve Consent Agenda with the exception of Items 8.A, 8.C, 13.G & 14.B by Comm. Jacobs, second by Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0404

ITEM 13 OTHER DEPARTMENTS

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

State Legislator Representatives Mary Denny and Myra Crownover updated the court on 77th Legislative items.

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.)

CORRECTION TO CSCD of $166.69 to Eric Martin, incorrect vendor, s/b Erika Martin.

ADDITIONS TO GENERAL FUND:

Elections, $129.01 to Advantage Rent-A-Car for car rental for L. Henry;
Jail, $240.00 to the Univ. of Texas for jailer's test, ½ of fees;
Underage Drinking, $200.00 to Kevin Bragg for buy money;
General, $14.36 to Denton Woman's Club Cookbook for Co-signor Sales;
Jail, $240.00 to Test Proctor, Mary K. Adams for jailer's test, ½ of fees;
Operations, $122.30 to Petco for monitor repair parts.

ADDITION to Courthouse Security, $10,777.53 to International Investigators for security.

Move to approve the amended Bill Report with the exception of Vendor 1089 to be approved after Executive Session by Comm. Jacobs, second by Judge Armey.

Motion Carried 3-0-0
Court Order 01-0405

ITEM 7 BUDGET

7.I) Approve the designation of the Tax Assessor/Collector to calculate and publish the effective and rollback tax rates for Denton County for tax year 2001.

Move to designate Mary Horn by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0406

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.) Larry Spencer, Detention Officer I/County Jail; Mark Robinson, Detention Officer I/County Jail; Justin Ramon, Detention Officer II/County Jail; Rebecca Beattie, Detention Officer II/County Jail; Anna Reed, Detention Officer II/County Jail; Kimberly Balderas, Communications Officer/Communications; Randy Robinson, Corporal - Investigator - Narcotics/Task Force Grant; Stacy (Richardson)Vaughn, Deputy Clerk-Support Courts/County Clerk; Kathy Allgood, Administrative Secretary/Criminal District Attorney; Sara Byrd, Court Clerk/JP Pct. 4; Charley Smith, Juvenile Corrections Officer/Juvenile Post Adjudication; Jerry Holland, Deputy Constable/Constable Pct. 4.

Move to approve all Order Making Appointments with the exception of 8.A-8 by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0407

8.A-8) This item is to be returned to the Elections Administrator for further consideration.

8.C) Approve any appropriate action regarding the demotion section of the Salary Administration Guidelines. (Briefing 07-17-01)

Move to approve the section regarding Voluntary Demotions, effective immediately, and
request that Human Resources review and recommend action on Disciplinary and
Performance Related Demotions by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0408

ITEM 17 RECESS

ITEM 18 RECONVENE (11:20 AM)

ITEM 13 OTHER DEPARTMENTS

13.K) Accept Resolutions provided by the Justice of the Peace Courts and any appropriate action - Commissioner Precinct 2. (Briefing 07-17-01)

13.K-1) Move to approve for Justice Courts 1,2,3,4,5 & 6 the creation of an Administrative Judge to act as liaison between Commissioners Court and the Justice Court Judges in Denton County by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0409

13.K-2) Move to approve for Justice Courts 1, 2, 3, 4, 5 & 6 the creation of Justice Court precincts according to the Texas Constitution and that this resolution be forwarded to all the members of the Redistricting Committee by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0410

13.K-3) Move to approve the exploration of future salary increases according to a percentage of increases received by existing judicial positions for the Justice Court Judges by Comm. Jacobs, second by Judge Armey.
Motion Carried 3-0-0
Court Order 01-0411

13.K-4) Move to approve a request for a legislative initiative to increase the jurisdictional limits of the Denton County Justice Courts to $10,000 in the next legislative session year 2003 and forward this request to the legislative delegation by Comm. Jacobs, second by Judge Armey.
Motion Carried 3-0-0
Court Order 01-0412

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.

NO ACTION

10.C) Approve the Final Plat for Lantana School Addition, Precinct 4. (Formal 07-17-01)

NO ACTION - POSTPONED

10.E) FOR RECORDING PURPOSES ONLY: Accept the Road Superintendent Report for the month of
June 2001.

Move to accept by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0413

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.
Comm. Jacobs discussed the following bills: House Bill 1299, HB2874, Senate Bill 523, House Bill 177, SB 1778, SB 732, House Bill 2092, Senate Bill 201 - NO ACTION

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

13.G) Approval of Compensation for Election Judges, Alternate Judges and Election Clerks for Denton County - Election Administrator. (Briefing 07-17-01)

ACTION TAKEN IN BUDGET WORKSHOP LATER IN THIS SESSION

13.H) Approval of appointment of Election Judges and Alternate Judges for FY2002 - Election Administrator. (Briefing 07-17-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0414

13.J) Approval of drawing additional names to serve as alternates, from the 2000 Grand Jury, on the Denton County Salary Grievance Committee for the year 2001 - Aide-to-the-Court.

Move to approve the nine names drawn by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0415

ITEM 14 LEGAL

14.B) Approval of: a) a Resolution Accepting the Texas Community Development Program Block Grant and b) an Interlocal Governmental Cooperation Contract between Denton County, Texas and Nortex Regional Planning Commission for General Administration Services for a Texas Community Development Program Block Grant. (Briefing 07-17-01)

Move to approve by Judge Armey, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 01-0416

14.M) Approval of Grant Acceptance, for Continued Funding for the Victim Notification Grant VA-99- V30-13611-02, for the Denton County Criminal District Attorney's Office.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0417

14.N) Approval of Grant Acceptance, for Continued Funding for the Child Victim Intervention Specialist Grant VA-00-V30-13989-03, for the Denton County Criminal District Attorney's Office.

Move to approve by Comm. Jacobs, second by Judge Armey.
Motion Carried 3-0-0
Court Order 01-0418

ITEM 16 ADDENDA

16.A) Approval of Budget Amendment Request #101820 for Professional Services for Child Protective Services in the amount of $4,002 - Budget Department.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0419

16.B) Approval of Addendum to Individual Case Basis Agreement No. TX-00-01830 with GTE Southwest Incorporated d/b/a Verizon Southwest-Civil D.A.

Move to approve by Comm. Jacobs, second by Judge Armey.
Motion Carried 3-0-0
Court Order 01-0420

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the exercise of its discretion and may convene in executive session as authorized by the Texas Government Code §§551.071, et seq. on any of the agenda items previously listed.
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 3-0-0

ITEM 18 RECONVENE (1:38 PM)

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

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.

15.D) 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.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A): Save Our Sanger, an unincorporated association v. Commissioners Court of Denton County, Cause No. 2000-50212-367 in the 367th Judicial Court of Denton County, Texas.

15.G) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim by Glen Baldwin.

NO ACTION ON ITEMS 15.B, C, D, E & G (Remove Item 15.C AND REPOST 15.G)

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

Move to authorize the County Judge to execute all necessary closing documents, directing the County Auditor to execute a warrant in the amount of $773,560.85 payable to First American Title for the purchase price and closing costs to acquire the Beeson (M.S.G.G., Inc.) property at closing July 25, 2001, 1:00 pm and approval of the Bill Report reflecting the same by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0421

15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); General Motors Class Action Suit Settlement.

Move to approve the recommendation of the District Attorney, Civil Division, to have this matter assigned to them and authorization for the County Judge to sign eight applications for certificates to be submitted in this class-action suit by Comm. Jacobs, second by Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0422

ITEM 7 BUDGET

7.A) Approval of any action related to Denton County's 2001/2002 Budget.

(The following is a paraphrasing of the motions and salient points made during this budget work session.)

Judge Armey: Since there are only three members of the court here, this will be more of an informational session. There will be some action today but none, as Comm. White & Carter requested, on Road & Bridge and Public Works budgets or reorganization, salaries or the Sheriff's budget. We have a number of judges to visit with us on Item 9 of the agenda, so we will go to that first. And there is one item I would like to address before that.

Comm. Jacobs: Judge, I would also like to put the Computer Software Report high on the list. We have several people here for that item.

Judge Armey: Last week we took action to budget salaries for several departments at less than 100% based on a three-year history. What happens if that department's staffing exceeds that percentage? If a department is fully staffed and needs those dollars, it would automatically be sent to their office. If additional dollars is requested, that would have to be approved by Commissioners Court. The intention is for departments to not have to come back to us for those salary needs up to 100%, but anything over 100% or other than salary issues, they would have to address court.

Ms. Stewart: That is how it is handled in other counties, like Travis, and we would recommend that you give the budget office authorization to transfer the funds as necessary.

ITEM 9 COUNTY COURT AT LAW #2/CIVIL COURT - STAFFING REVIEW

Ms. Stewart: The Civil Court is budgeted to begin May 1, 2002, as the date approved by the legislature. We have included funding in the Recommended Budget for the Judge, Court Reporter, Court Administrator, Bailiff, and two employees for the County Clerk's Office. The Judges and the County Clerk are here to air some of their concerns about staffing.

Judge Garcia: The issue of whether staffing can be used from the Probate Court to the Civil Court#2 needs to be addressed by Judge Windle. I do not think staff can be shared. I would stress the continuing need not to take away any staffing in the County Criminal Courts or in the County Court at Law #1. The need for additional staffing is increasing, not decreasing. House Bill 1094 does allow the County Criminal Courts jurisdiction over Criminal Appeals but Judge Whitten's Court Administrator already does more, like for JJAEP, etc. Senate Bill 7 will impact the budget because it requires the county to have administrative duties far exceeding our present ones. We had hoped to use the Court Administrator assigned to Judge Whitten for gathering the required statistical information. Specifically, we must keep track of all requests for court appointed attorneys, from the time the judge receives the request - a ruling must be made within 24 hours - to when the appointed attorney contacts the defendant.

Judge Armey: Is your recommendation then to leave that position within that court or create one that serves all the courts?

Judge Garcia: I think that position should be one that serves all the courts. House Bill 1118 adds responsibilities to the Juvenile Board requiring additional reporting requirements. Judge Whitten's court administrator has been keeping the data for juvenile.

Comm. Jacobs: Two things we need to keep in mind: One, if the judges can all agree, they could come up with their own system, so if these newly adopted bills overburdened the present system, then they have the authority to come up with a new system. Two, a lot of the reporting requirements should be handled by the computer system. I discovered that a new board is to be appointed, along with this bill, having jurisdiction to provide funds to set-up and address computerizing this system and adding more technology. It is my recommendation to the court that our Information Services Dept. begin looking into that as soon as possible, getting our request for some of that funding at the top of the list.

Judge Garcia: The law requires us to have this reporting system in place by January 1, 2002. We have to comply first.

Comm. Jacobs: The board will be formed before January but we may have to put up the funds and then be reimbursed from a grant. Keep in mind, a lot of this information being requested is already being tallied somewhere. I know the Sheriff's Office keeps a lot of that information. We need someone to coordinate the information and we need to look for technological shortcuts.

Judge Garcia: I believe there will be some software modifications so Information Services must be involved from the beginning.

Judge Armey: I would like to see an organizational chart of how these changes will take place. You are seeking a position similar to the District Court Administrator?

Judge Garcia: Yes.

Comm. Jacobs: We need to, Kevin, get a copy of this bill to the Software Group and if they can't handle it, then find someone who can. We may want to partner with other counties, since we are all under this mandate, and could share the expense.

Judge Garcia: And I have been in touch with the judges of Dallas and Harris counties as to how they are handling this bill.

Judge Windle: As an aside, I usually endorse most of what Judge Garcia has to say, his being my protégé, but I do not agree that we should follow Dallas's example on anything. CCL#2, Civil Court, effective May 2002, assumes the following duties from Probate (as I told the court ten years ago, I would be able to handle these matters for about ten years): Bond forfeiture - a bigger issue for the court administrator than the judge, for time spent. Justice court appeals - civil in nature, general civil cases, and non-probate guardianship or trust related issues. We have been keeping a separate numbering classification for a long time so that we can identify these cases that will carved out of Probate, making the transition easier. It is imperative that this court be located where Judge Isaacks is now because the civil and probate clerks are housed and functioning efficiently with the Probate Court and that set of clerks also serve all the civil dockets. The duties now being handled by the Court Master, I will take back because I must do the jury trials. The Court Master would continue on with the mental health hearings. The Sheriff has asked that those be increased from three days to four days a week. We can do that effective May 1 through the use of the Court Master. The Juvenile Court does have a continuing need for a Detention Hearings Officer - Judge Podgorski has been filling that need. Those hearings have to be done every single morning, five days a week, requiring a person with magistrate authority. I was involved in drafting the bill for Probate Masters. Probate Court Masters also are Chapter 27 magistrates, so they can handle any function of a magistrate. I cannot control everything but I propose to offer the magistrate every morning, five days a week, to the juvenile court. I believe a budget request from Judge Whitten for a magistrate was denied. That brings up the issue of a contract court reporter, which I had requested but is not viable now because everything in mental health and juvenile hearings has to be on record. The Master will be a full time position with a completely different set of duties. Also, I propose to offer the Master as a Senate Bill 7 magistrate during the week: the Master would go to the jail each morning and magistrate those people arrested within the last 24 hours and do the court appointments for unfiled cases, felony or misdemeanor. The Juvenile Board will have to accept this proposal and vote to appoint the Probate Master as the Juvenile Detention and Adjudication Hearing referee. I need the concurrence of the Statutory County Judge, the Constitutional County Judge and the District Judges on that board to make that appointment. I also need the confidence of the other judges for the Probate Master to do all these various duties. This leads back to the necessity of keeping the staffing level the same; hopefully, this will solve the problem in the juvenile court without new people or money and facilitate compliance with Senate Bill 7, at least on weekdays. Weekends and holiday magistrates are another issue and not part of this proposal today.

Judge Armey: The current jail magistrate contract expires at the end of September. That is not included in the Recommended Budget and your proposal will address that as well except for the weekends and holidays. There might be some interest from the Justices of Peace in the area of weekends and holidays. Between October and May, the issue of jail magistrate must be addressed.

Judge Windle: I am going to prevail upon the county criminal court judges to rotate that position until May. It may not work but I will ask.

Judge Armey: The next Juvenile Board meeting will be August 1. Can we get this proposal on their agenda?

Judge Whitten: Yes. And a clarification - Judge Windle doesn't do detention hearings - juvenile detention hearings do not have to be on the record but if either side requests it, then it is mandated that they be on record. Other hearings, such as modification, adjudication, must all be on record and often these hearings directly proceed the detention hearing so we opt to put it all on record.

Judge Podgorski: County Criminal Court #5 was initially discussed as beginning in October of 2000. I asked for a three-month postponement to clear my private practice. The next start-up date was for October 2001 and that is my preference.

Ms. Mitchell: County Clerk: (Refer to Page 584) The caseload in civil is not as large as in criminal however the amount of information in civil on a daily basis is monumental. We could easily have 13 clerks kept busy in this area five days a week. The Supervisor of this department stays until 7:00 -7:30 everyday to ensure timeliness. Even if we were currently fully staffed, we would be understaffed. We are understaffed in being able to handle court hearings for Judges Windle and Barnes.

Comm. Jacobs: Would it be possible to get some statistics, state averages, of staffing levels for civil cases showing where we are?

Ms. Mitchell: I can do that.

Judge Windle: This constant rehiring, retraining impacts civil cases harder than in criminal cases. Defendants don't care whether or not their cases go to trial. The citations in civil cases are technical at the clerk level and when a clerk makes a mistake, the impact is great and affects many people who represent our constituency, in that they pay the ad valorem taxes. Please leave the staffing alone.

ITEM 5 COMPUTER SOFTWARE REPORT

Comm. Jacobs: This is a good new/bad news report. The key issues here are, in addition to avoiding liability, to offset cost and to obtain updates on all our microsoft software. (Comm. Jacobs is off mic.) Travis, Dallas and Bexar counties are currently being audited. Some of this hardware is impossible to locate and we have already provided you the costs and time of hiring additional personnel to inventory all this equipment. $227,500 is the annual cost for three years for this License Agreement covering 875 computers. If we did not buy this agreement, the costs plus several unknowns, is $235,527 not including the untold thousands it might cost us in liability.

7.A-1) Approve to place in the budget $227,500 for the Microsoft Enterprise license in order to improve efficiency, bring us up to date and protect us from liability by Comm. Jacobs.

Died for lack of a second.

Comm. Mitchell: I think it is a good idea but I need to look at the entire budget before we approve this.

Comm. Jacobs: Before I knew that counties in Texas are being audited right now, I too thought we could wait on this. But now I do not believe we have the time to wait. We are looking at tens of thousands of dollars and this is actually a cheap option. I will adjust my motion.

7.A-2) Approve to place $227,500 in the budget now and re-look at it at the end with the option of removing it, if necessary, by Comm. Jacobs.

Died for lack of a second.

Comm. Mitchell: I am not ready to second the motion but I commit to Comm. Jacobs that I will look at this item to seriously consider later.

7.A-3) Approve the recommendation of the Budget Director to increase by $600 per year per employee the Health Insurance benefit rate (from $2,964 to $3,564) as included in the Recommended Budget by Comm. Jacobs, second from Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0423

Ms. Stewart: Page 4 of 9, the last item on that page, the court asked that the space study be removed from the budget and placed under Tax Notes, resulting in a possible reduction of $170,000 in the Operations Budget. This may be something you will want to wait on the report from the Building & Property Committee.

Judge Armey: I say wait for the committee report and for a full court.

Comm. Jacobs: Do we know when the committee is meeting?

Ms. Stewart: They have met and sent me a list of questions. One of their number one priorities is the continuation of this space study.

Comm. Jacobs: With permission of the court, I would like to add a couple of items for their study: Loop 288 building and the impact of removing Road & Bridge; Emergency Management is another one to look at, as to where else they could be located rather than in this building.

Ms. Stewart: Page 7 of 9, the item under Appropriations - Water Conservation District - the court requested to remove this item from the Health Care Relief Fund and place here for an add of $3,200.

7.A-4) Approve the recommendation of the Budget Director, and as the court directed her earlier, remove the Water Conservation District from the Health Care Relief Fund and add that amount of $3,200 to Appropriations by Comm. Jacobs, second by Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0424

Judge Armey: That impacts Page 8 of 9, Health Care Relief, as well.

Comm. Mitchell: Last week we took action to remove Denton City/County Day School from the Health Care Relief Fund. I visited with them and with Ms. Hawk last week and learned that, in fact, it does serve the entire county. I would request that we place this school back into the budget.

Comm. Jacobs: Since my original motion included them, I will second it.

7.A-5) Move to reinstate the Denton City/County Day School into the Health Care Relief Fund budget for $10,000 as recommended by the Social Service Committee and Dr. Burton by Comm. Mitchell, second by Comm. Jacobs.

Motion Carried 3-0-0
Court Order 01-0425

ITEM 1 SALARY INFORMATION

EMPLOYEE RAISES

Ms. Stewart: Page 541, this report is provided based on a sliding scale as well as various percentages on top of that of 4%, 8%, and 12% increments. The very bottom of Page 543 you will see that to slide the scale as recommended by Human Resources, the cost would be approximately 1.4 million.

Judge Armey: This it to adjust that regression line.

Ms. Stewart: And then to add a 4% increase (one-step) would be an additional 1.7 million so to do both would cost 3.1 million. An 8% increase would be a little over 5 million and the 12% would be 6.5 million.  There are areas of concern for the court to review and discuss - in the areas of non-classified employees and elected officials - we prepared some comparisons for you because sliding the scale could create some inequities. For example, Page 534 shows you all the department heads and their assistants in the county according to the sliding scale. The areas of concern are highlighted. Page 534a is the other non-classified positions where everyone is currently making above the survey average so no discrepancies there. Page 535 includes the same scenario for elected officials/assistants and highlights problems with some clerk and constable departments. If you chose to leave elected official salaries at the current levels and slide the scale for their assistants, it would cause inequity problems. I propose giving these scenarios to Human Resources so that Amy can study them. There may be other inequities that I am not seeing.

Ms. Phillips: We have been looking at these scenarios and I have passed out to you today some tables with some of the same, some different information. What we are looking at is balancing internal and external inequity. There is never a perfect solution to that, but we are studying it.

Judge Armey: I know that last year we made some significant increases in the assistants' positions. We may need to look at those on an individual basis. In addition, I visited with Douglas Lee of the Law Enforcement Association and he has worked up a proposal, along with the Sheriff, that I will distribute now. These target raises for various levels and positions. I have asked Amy and Donna to take this and compare it to what they have done up to now. Some of these goals may have already been reached. This is a good reference point as to the expectations of the Sheriff and the Association.

INTERNS

Ms. Stewart: We received favorable responses on an Intern raise. That documentation will be provided to you next week.

VACANT SLOTS

Ms. Stewart: The court had asked for a report on vacant slots. Page 551 is a complete list of county vacancies with those over a year highlighted. There are 11 positions, 4 of them in the County Jail and one in the Sheriff's Dept. Based on my research of that position, it appears that in May of 2000 this position was added based on a grant and it was carried over into next year's budget due to the information from the Sheriff's Office. That position has never been filled and could be eliminated, even though I have not discussed this with the Sheriff. On Page 552, slot 111-SO, is the one in question. There are six positions in Road & Bridge that have been vacant, some since 1999.

Comm. Mitchell: So we do not need those positions, right?

Ms. Stewart: Yes, I think that money could go for road materials.

Judge Armey: Let us communicate with those departments having vacancies of over a year and ask them if they can do without those positions. We would need a little history about why it is vacant, what they are doing to fill those and, hopefully they will agree to live without it.

EMPLOYEES AT MAXIMUM OF PAY GRADE

Ms. Stewart: We have prepared a report on Page 553 showing 11 positions currently at the maximum. If the court chose to slide the scale, all but one of those positions would see an increase this year. That one - 006MP - falls below where the salary scale is adjusted.

Judge Armey: The one that already exceeds the pay grade, how is that adjusted?

Ms. Stewart: On that one, the DMG study lowered the pay grade.

Judge Armey: And the salary did not adjust downward?

Ms. Stewart: We left it at the current rate of pay.

RECLASSIFICATION OF APPEALS

Ms. Stewart: Page 554 is a memo from Amy Phillips, the court asked her to review those.

Ms. Phillips: I found only two appeals for reclass or equity adjustments having information not provided through the DMG Maximus process. The first one was Judge Bridges' appeal - that did not go before DMG because they were only looking at ranking and his issue was on how the incumbent in the position should be paid. In addition, the Public Works Dept. had an appeal in one of the positions Donna was just discussing - the position was downgraded and the employee's salary did not go down, therefore he will be maxed out. Public Works provided marketing information not provided to DMG.

Comm. Jacobs: So you are not recommending either reclass?

Ms. Phillips: That is correct. I am not recommending the first one because the salary has already been set according to policy and on the second one, I agree with the DMG evaluation and the marketing information provided was not relevant.

Judge Armey: Then we do not need to hear any reclass appeals. We will see if the other two members agree with that statement.

COURT ADMINISTRATION (NOT ON AGENDA)

Comm. Jacobs: I would like to ask court members if there is any interest in something unique and different. This wraps up everything we have been discussing on staffing, additional employees and the requirements of SB 7. It goes back to the topic I brought up in an earlier court on my visit to Orange County, Florida. They have one room with a large screen divided into four segments where the judges rotate and dispose of cases. One judge hears criminal, one civil - each is actually seeing the prisoner or claimant on the screen. At the same time, a staff person is checking on indigency, etc. So it is the same set of clerks whether district or county. One side is criminal, the other side civil. This set-up runs 24/7 rotating staff. So, the worry about a magistrate, or about a court administrator, is gone. Transferring of prisoners would be reduced. This system cut down their court reporting by a third and cut the number of clerks by a third. If there is some interest in this concept, I believe I can get a CD for court to review. It may be too late for this budget year. Considering the numbers we are looking at adding for the new courts, another magistrate, etc., this scenario could represent a savings and the equipment to begin this process is not that expensive.

Judge Armey: We need to take a look at that along with the judges and the county clerk.

Comm. Jacobs: If there is an interest, I would suggest we send one or more of the judges down there to see for themselves how it works, including someone from Kevin's office to get the technological end of it. It was amazing to me how efficient and smoothly it works.

Judge Armey: We will add that to the Senate Bill 7 posting on Briefing and add it as a budget item as well.

ITEM 4 EMPLOYEE HEALTH CARE CLINIC

Ms. Stewart: We do not have anything new on this item.

Ms. Phillips: The survey to all employees requesting their input on this item is not due back until July 30. What's coming back is very favorable. Some feel like it is long overdue.

Judge Armey: Can you work with Dr. Burton and look at a small start-up putting some numbers to it?

Comm. Jacobs: Loop 288 building lends itself to such a purpose if Road & Bridge is moving out. We already have the health department there. Could we work on getting volunteer doctors?

Judge Armey: Dr. Burton has contacts to pursue that - perhaps getting physician assistants, in training.

ITEM 6 LAW ENFORCEMENT CONTRACTS

Ms. Stewart: Page 566 is an email I sent to Captain Powell of the Sheriff's Office.

ITEM 7 BREAKDOWN OF COUNTY SERVICES/NON-MANDATED

Ms. Stewart: Page 569 is a breakdown of county services, non-mandated. The court requested the revenue side of this part of the budget. We tried to show you as much as we can. There are several that are not tracked separately: Sheriff's Reserve Unit, License and Weight, Dept. of Public Safety, Alcohol Beverage Commission and Game Warden, making it difficult for us to tell how much goes toward each agency. What we did is take the total fine money that is collected by the JP courts, reducing their expenditure side of the budget, to come up with the remainder as surplus. All the fines collected in JP courts pays for the operation of those departments with an additional $300,000. There is about 38.5% of what we consider non-mandated, that is offset with revenue.

Comm. Jacobs: In court today, I mentioned a new piece of legislation that would allow private entities to pay for some things. I do not know if that has to be for capital items or projects but we need to be looking for areas that might comply with this bill's requirements.

Judge Armey: We need to send that bill out to various offices for feedback from them.

ITEM 10 VOLUNTEER RECOGNITION SCENARIO REPORT

Ms. Stewart: Page 595 we prepared a report showing the various ways we could recognize our volunteers.

Comm. Jacobs: This is good information. I would like to recommend to the court, and perhaps make a motion, that we do the resolutions with frames for $1,712.00 and then perhaps we could all five pitch in at approximately $300 a piece and provide a buffet luncheon, at which time we could present those resolutions.

Ms. Stewart: These prices are all based on catering prices.

Comm. Mitchell: I think the county should do it all but I am willing to do my part, because these volunteers are invaluable.

7.A-6 Move to do Option #2 - that the county expend $1,712.00 for framed resolutions - change the amount in the budget on Page 2 of 9, first item, to $1,712 and place in the Aide to Court's budget, create a line item called Volunteer Recognition and explore further the option of a luncheon or reception by Comm. Jacobs, second by Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0426

ITEM 11 GRANT FUNDING VS. COUNTY FUNDING REPORT

Ms. Stewart: One of the hardest reports to prepare, Page 596, is a summary of current grant funding included in our adopted budget. Our plans, now that we're involved in grants across the board, is to be able to prepare a report like this on an annual basis. Hopefully, we can expand this to include the other grants, like in the Health Dept., that are fully supported without county matching funds.

Judge Armey: These are just the ones that require county funding.

Ms. Stewart: Exactly. This is the best information we have right now. Out of 1.2 million, the county funds just under $300,000.

ITEM 12 JAIL EXPANSION

Ms. Stewart: Comm. Carter had requested a report from the Auditor. That is on Page 599. We will discuss this further next week.

ITEM 13 RADIO TOWER FUNDING

Ms. Stewart: There are several issues we need to discuss - perhaps next week - an appeal for a new hire, a Radio Technician in lieu of a large contract with Motorola to provide this service for us.

Comm. Jacobs: I have promised Beth Fleming for three weeks to provide her with information where we make not have to utilize so many sole-source vendors. I will bring that and that may open up some of our contracts for electronics.

ITEM 14 ELECTION JUDGES FUNDING

Ms. Stewart: Page 601 is a report that Don Alexander prepared based on the present rate of pay of $6/hr. and the proposed $7, $8 & $9 for various positions. This request would entail an additional $48,322.

7.A-7) Move to set the election judge pay rates at $9.00 for the election judge, $8.00 for the alternate election judge and $7.00 for each clerk on Page 2 of 9 under Elections Administration by Comm. Jacobs, second by Comm. Mitchell.

Motion Carried 3-0-0
Court Order 01-0427

ITEM 15 JUROR PAY

Ms. Stewart: Comm. Carter had requested a list of all the organizations that are paid through juror pay donations. Page 602 and 602 is a report that Cindy Brown prepared based on different agencies and a breakdown of those allocations.

Judge Armey: So 28% of the total jury checks are given to charity?

Comm. Jacobs: I was expecting more. Could we allow these charities to put posters in the jury room explaining what the money is used for.

Mr. Wells: I believe there are restrictions on what can be placed in the jury room. The District Clerk may hand out flyers.

Judge Armey: Let us check with Ms. Adelstein, anyway.

Comm. Mitchell: Maybe they only want to give to the charity of their choice.

ITEM 16 DEPARTMENTAL APPEALS - IMPACT ABOVE RECOMMENDED

Ms. Stewart: If you will note, the last four on this list, beginning with Emergency Management, there is new information in your packet beginning on Page 604 for your review.

Judge Armey: Members, I don't know if you have had the opportunity to go through these. I have and maybe we could do a tally and see which one of these gets to three. Reading through the list:

CHOS Museum
Treasurer
District Clerk
Constable Pct.#6
Records Management - I have a question on the software request: Is Microsoft Office Professional 2000
included in the Enterprise Agreement?
Veterans Service
Constable Pct. #2
County Criminal Court #4
Constable Pct.#1
Teen Court - one for hearing their appeal
Child Protective Services - one
County Criminal Court #3
County Clerk - two
Human Resource - one
Alcohol Beverage Commission - one
Tax Assessor-Collector - one
Juvenile Detention
Juvenile Post-Adjudication
Juvenile Justice Alternative Education Program - two, if 0 impact to the budget
Criminal District Attorney
Criminal District Attorney/Civil Division - two
Various Sheriff Department Budgets
Centralized Road & Bridge - two
Emergency Management - one
License and Weight - one
Justice of the Peace Pct.#4
Sheriff's Dept/Radio Technician - one.

Judge Armey: We will check with the other two members for their interest in hearing any of the above appeals.

Comm. Jacobs: We need to set a time limit of 5 minutes on those appeals.

NEW HIRES

Ms. Stewart: The court requested I prepare a "new hire ranking list" but I have a philosophical problem I would like to share with the court. There were a lot of new hire requests but no appeals and speaking personally, I asked for a new hire and I am not appealing, despite my need. A lot of the departments' needs are just as great but are not appealing because they would like to see the employees get raises.

Comm. Jacobs: Could you do this: marking only those that we should take a second look at?

Judge Armey: To follow-up, we will only look at new hires for the new courts. In essence, we have a hiring freeze except for what is mandated.

Ms. Stewart: And there are some grant positions……

Judge Armey: Any other items we need to discuss today? Items to add to the agenda? The Economic Development Commission funding needs to be added, electronic courts, and the Transportation Authority.

Comm. Jacobs: I would like to look at the capital item list, vehicles and anything over $25,000. Donna, do you feel the line item for Court Appointed Attorneys is sufficient?

Ms. Stewart: No. Right now we have $200,000 for contingency on Senate Bill 7. I am not comfortable with that number.

Comm. Jacobs: The judges need to be asked for an update - what they feel is needed for Senate Bill 7.

Ms. Stewart: We have asked for that and we will ask again.

Judge Armey: Next week we will begin with a revenue status report based on the final appraisal district numbers.

Comm. Jacobs: And I would suggest that we do not start hearing appeals next week. We still have a lot to do.

Judge Armey: We are not hearing appeals next week. We will finalize who will be heard on appeals.

Ms. Stewart: Hopefully, the court will be ready to look at salary issues. That is a huge part of the whole budget.

Judge Armey: We have a motion from Comm. Jacobs, second from Comm. Mitchell to adjourn. You will be counted as voting in the affirmative unless I hear otherwise. Court is adjourned (around 4:00 pm).

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