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.

August 21, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:10 am on the 21st day of August, 2001 with Judge Scott Armey presiding. Commissioners Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with deputy clerk Kathleen Bransford.

Court opened with an Invocation by Bob Garsee, Chaplain for the Denton County Sheriff's Department, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Jimmie Van, Chief Administrator for the Mayhill-Cooper Creek Fire Department.

Chaplain Garsee: Our Eternal Heavenly Father, we do thank You for the privilege that we can come this morning and take care of Your business. We're reminded of Jebez as he prayed and said, God, bless me indeed, enlarge my territory, keep me from pain, and keep me from sin. And I pray this this morning for each of these Commissioners, Heavenly Father, that God, that You would bless them indeed, that you would truly enlarge our territory here in Denton County, that You would keep them well, that Heavenly Father, You would keep them from sin. We commit this day to You and Thank You. Amen.

ITEM 1 PUBLIC INPUT

Mildred Hawk of Denton invited everyone to attend the Grand Opening of the Historic Bridge in the Northlakes city park at 10:00 am on Saturday, August 25, 2001.

Jerry Goodale reported on the Lake Cities Education Foundation to the court.

Douglas Hammons of the Denton County Sheriff's Department expressed his views on the county's 2001-2002 budget year.

Sgt. William Rogers, Assistant Commander of the North Central Texas Narcotics Task Force, awarded an honorary plaque for outstanding service to Lt. Janie Mauldin of the Denton County Sheriff's Warrant Unit.

Corporal Van Maples awarded an honorary plaque to Deputy Sheriff Larry Partin for his outstanding service to REACH, a handicap association.

ITEM 2 CONSENT AGENDA

The following items were pulled from the Consent Agenda for further consideration and/or separate vote: 7.E, 7.F,11.A - 14.B was removed from the agenda.

PURCHASING

6.A) Approval of exemption from Bidding for Sole Source purchase of CAD interface to the Aether
Wireless Data System from The Software Group according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code and any appropriate action. (Briefing 08-14-01)
6.B) Approval of renewal of Property Insurance with Scarbrough, Medlin and Associates, Inc., and any appropriate action. (Briefing 08-14-01)

6.C) Approval of specifications and authority to advertise for Surface Treatment Aggregate (Type D, Grade 3 and 4), Bid #07-01-1441, and any appropriate action. (Briefing 08-14-01)

BUDGET

7.B) Approval of Budget Amendment Request #102200 for Shop Tools/Equipment for Public Works Road and Bridge in the amount of $2,316. (Briefing 08-21-01)

7.D) Approval of Budget Amendment Request #102210 for Operating Equipment for Public Works Road and Bridge in the amount of $4,650. (Briefing 08-21-01)

7.G) Approval of Budget Amendment Request #102260 for Computer Hardware and Computer Supplies for County-Wide Technology in the amount of $9,070. (Briefing 08-14-01)

7.H) Approval of Budget Amendment Request #102270 for Various Line Items for County Clerk in the amount of $3,695. (Briefing 08-14-01)

7.L) Approval of Budget Amendment Request #102330 for Office Supplies for Commissioners Court in the amount of $1,500.

7.M) Approval of Budget Amendment Request #102350 for Office Supplies for Law Library including the transfer of funds from Law Library-Unappropriated Contingency in the amount of $635.

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.) Mary Pereza, Deputy Clerk-Civil/Probate/County Clerk; Gladys Hudson, Deputy Clerk-Support Courts/County Clerk; Robert Gathings, Shift Leader/Juvenile Detention; Joanna Wright, Juvenile Corrections Officer/Juvenile Post Adjudication; Steve Schrock, Juvenile Probation Officer/Juvenile Post Adjudication; David Lenington, Juvenile Probation Officer/Juvenile Detention; Amanda Kastens, Secretary, C.S.C.D; Stacy Davis, Senior Clerk-Support/Courts/County Clerk.

8.B) Approve a salary adjustment for John Biggins-Criminal District Attorney. (Briefing 08-14-01)

OTHER DEPARTMENTS

13.F) Approval of appointment of Jackye Havenhill to the Denton County Historical Commission - Aide-to-the-Court. (Briefing 08-14-01)

LEGAL

14.C) Approval of Supplement Agreement No. 1 to the Contract for Engineering between Denton County, Texas and Halff Associates, Inc., for the SH 121 Main Lanes West of I-35 Project. (Briefing 08- 14-01)

14.D) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Northlake. (Briefing 08-14-01)

14.E) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Denton ISD (Independent School District). (Briefing 08-14-01)

14.F) Approval of the Interlocal Cooperation Agreement between the Denton County Appraisal District and Denton County for the issuance of Manufactured Home Relocation Statements. (Briefing 08-14-01)

Move to approve Consent Agenda with the exception of Items 7.E, 7.F, 11.A and with
14.B removed from the agenda by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0567

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:

$50.00 to Tim Powers, duplicate payment;
$300.00 twice to Julie Lantrip for duplicate payments.

DELETION FROM CSCD:

($40.25) credit to Boise Cascade.

ADDITIONS TO THE GENERAL FUND:

To Planning, $1,185.34 to Rachel Crowe for a Planning Conference in San Diego;
To Underage Drinking, $275.00 to Kevin Bragg for Buy Money;
To Constable #6, $15.00 to North Texas JPCA for registration fee for Jim Davis, Constable, Pct.6.

ADDITIONS TO:

R&B, $707.99 to TXU Electric for service to D3,
Juvenile, $535.62 to Holiday Inn/Tyler for lodging for C. Dingler & K. Garner;
$100.00 to Kendra Garner for Tyler travel advance;
$100.00 to Chrissy Dingler for Tyler travel advance;
TNCP, $4,979.04 to the City of Frisco for salary reimbursement;
S.O. Training, $100.00 to Lisa Price for Austin Travel Advance;
S.O. Training, $100.00 to Kelly Gill for Austin Travel Advance.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0568

ITEM 6 PURCHASING

6.D) Approval of specifications and authority to advertise for Truck Motor Overhauls, Bid #08-01-1443, and any appropriate action.

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0569

ITEM 7 BUDGET

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

NO ACTION

7.C) Approval of Budget Amendment Request #102220 for Economic Development Projects for County Judge including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency in the amount of $25,000. (Briefing 08-14-01)

Move to approve by Judge Armey, second by Comm. Mitchell.
Motion Carried 3-1-0 (White nay)
Court Order 01-0570

7.E) Approval of Budget Amendment Request #102230 for Office Furniture for Sheriff's Department in the amount of $18,000. (Briefing 08-14-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0571

7.F) Approval of Budget Amendment Request #102240 for Operating Equipment for Sheriff's
Department in the amount of $11,000. (Briefing 08-14-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0572

7.I) Approval of Budget Amendment Request #102280 for Substitute Court Reporter and Court Appointed Attorney-Family for 393rd District Court including the transfer of funds from Non-Departmental Unappropriated Contingency regular Contingency in the amount of $17,500. (Briefing 08-14-01)

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0573

7.J) Approval of Budget Amendment Request #102290 for Court Appointed Attorney-Family and Court Appointed Attorney for 362nd District Court including the transfer of funds from Non-Departmental Unappropriated Contingency Regular Contingency in the amount of $30,000. (Briefing 08-14-01)

Move to approve by Comm. Carter, second by Judge Armey.
Motion Carried 4-0-0
Court Order 01-0574

7.K) Approval of Budget Amendment # 102300 for MHMR for Appropriations including the transfer of funds from Non-Departmental Unappropriated Contingency-Flower Mound Government Center Contingency in the amount of $30,000. (Briefing 08-14-01)

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0575

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.

Move to approve the following 14 Potential Change Orders, totaling $74,017 for the Denton County Pre-Trial Center by Comm. Carter, second by Comm. Mitchell: PCO#16 for an add of $5,356 - move conduit from Control Room to Loading Docks; PCO#33 for an add of $1,891 - provide and install square louvers; PCO#38 for an add of $1,949 - revise sink type S-1 per engineer's comments on returned submittal; PCO#45 for an add of $29,995 - provide for hardware costs in excess of the contract allowance; PCO#50 for an add of $366.00 - install toiletry specialties in restroom B141; PCO#82 for an add of $1,128 - provide and install an access door in the ceiling of the Kitchen Area; PCO#92 for an add of $2,000 - provide a total of four (4) window frames in the Visitation Areas C & H; PCO #93 for a credit of $2,397 - to King & Co. (add $2040) provide & install a complete 5/8" gyp board wall (both sides) on 2 ½" metal studs w/ batt insulation around the two storage rooms in Briefing
Room (all block is deleted in these walls); provide & install 5/8" gyp board on 2 ½" metal studs and batt insulation to change the wall in the Briefing Room from a type O to a type P wall along S line from column line 15 to column line 18; provide and install 5/8" gyp board on 2 ½" metal studs and batt insulation to change the wall in the Briefing Room from a type N wall to a type L wall along column line 15 from column line S south to, but not including the storage room (just past column line T); to Wilks Masonry for a credit of $4437, provide credit for material and labor to delete the 5 ½" structural glazed clay tile base and the 4"x8"x16" CMU around the storage rooms in the Briefing Room with all block having been deleted from these walls; provide credit for material and labor to delete the 5 ½" structural glazed tile base and the 4"x8"x16" CMU along S line from column line 15 to column line 18 to change the wall in the Briefing Room from a type O wall to a type P wall; provide credit for material and labor to delete the 5 ½" structural glazed clay tile base and the 4"x8"x16" CMU along column line 15 from column line S south to, but not including the storage room (just past column line T) to change the wall in the Briefing Room from a type N wall to a type L wall; PCO#94 for
an add of $1518 - add wood wall caps on desk partitions; PCO#99 for an add of $2091 - provide frames, hardware and doors at openings H115 and H115a; PCO#104 for a credit of $3012 - to Basden Steel for a credit of $1275 for not installing 73' 10 ½" of guard rail; to R3M for a credit of $837 for not installing ramps and ramp walls nor a 28.0 linear feet of lane divider wall and for not providing stairs, all of which was called out in the original drawings; to Jagoe-Public for a credit of $900 for decreasing sidewalk to 7.5' wide from 13.5' wide; PCO#107 for an add of $18,300 to provide Testing and Balancing costs in excess of the contract allowance; PCO#108 for an add of $1626 to provide and install sixteen (16) three foot shower benches, one (1) 5 foot shower bench, two (2) six foot shower benches and thirty- two (32) pedestals in the inmate shower areas; PCO#110-1 for an add of $13,205 for power to electric strikes and fire release capability in the Visitation Areas.

Motion Carried 3-1-0 (White nay)
Court Order 01-0576

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 11 COUNTY CLERK

11.A) Approve the minutes for Denton County Commissioners Court Meeting, and the County Clerk
minutes for Budget Work Session for August 7, 2001, Formal Session.

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0577

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.

NO ACTION

13.C) Approval of Denton County Redistricting 2001:

1) Department of Justice Submittal for Voter Precinct Change
2) Department of Justice Submittal for Commissioner Precincts
3) Department of Justice Submittal for Justice of the Peace Precincts - County Judge.

Move to restore Voter Precinct #101 as it was originally due to a Senate line by Judge
Armey, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0578

13.D) Approval of appointment of Election Judges for FY 2002-Election Administration.

NO ACTION

13.E) Approval of possible action on a disaster declaration for the prevention of and threat of wildland fires due to drought conditions in Denton County-County Fire Marshall.

NO ACTION

13.G) Approval of the letter to be sent to the Municipalities concerning HB 1445 and any appropriate action - County Judge. (Briefing 08-14-01)

NO ACTION - POSTPONED

13.H) Approve acceptance of the Denton County Juvenile Intensive Home Based Services Grant (JA- J20-14166-03) - Juvenile Probation. (Briefing 08-14-01)

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0579

ITEM 14 LEGAL

14.G) Approval of Denton County Tax Office use of Official Payments Corporation for credit card
payment of taxes. (Briefing 08-14-01)

Move to approve contingent upon a contract with Official Payments Corporation for this year only and next year the court go out for bids on this process by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0580

14.H) Approval of changes to the Lewisville Lake Bridge Corridor Feasibility Study Interlocal Agreement between Denton County, Texas and the North Texas Tollway Authority (NTTA). (Briefing 08-14-01)

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0581

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.
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.

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: 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.

NO ACTION ON ITEMS 15.B, C & D

COURT ACTED UPON ITEMS 15.E & 15.A WITHOUT MEETING IN EXECUTIVE SESSION

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Randall D. Kelton vs. Dudley Ivie, Linda Wright, Tony Paul, Sharon Chapman, Mary Revland, Tony Bovis, Thomas Collins, Kevin Henry, Bruce Isaacks, Sherry Adelstein, Roger Jones, Prosecutor, Barbara Gailey, J.W. Johnson, Ali Altazaz, My Worst Nightmare, Chad Bynam, Weldon Lucas, Euline Brock, Gary Matheson, Rodney Bolin, Scott Armey, Denton County Grand Jury in the 362nd District Court of Denton County, Cause No. 2001-40546-362.

Move to assign to the Criminal District Attorney's Office, Civil Division, by Comm. Carter,
second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0582

ITEM 17 RECESS 10:20 AM

ITEM 18 RECONVENE 10:30 AM

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

15.A-1) Move to authorize the County Judge to execute all necessary closing documents on one of five parcels for the 544 Extension, directing the County Auditor to execute warrant payable to First American Title, for the purchase price and closing costs, closing cost not to exceed $850.00, to acquire the David A. and Billie J. Griffith property at closing August 29, 2001, and approval of bill report item reflecting the same by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0583

15.A-2) Move to authorize the County Judge to execute all necessary closing documents on the second of five parcels for the 544 Extension, directing the County Auditor to execute warrant payable to First American Title for the purchase price and closing costs, closing cost not to exceed $850.00, to acquire the Adalene and James A. Elsberg property at closing, and approval of bill report item reflecting the same by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0584

15.A-3) Move to ratify an Innovative Transportation Solutions, Inc. (ITS)'s action regarding the additional appraisal services for the FM 544 Extension Project and directing the County Auditor to execute warrant in the amount of $1,500.00 payable to Marlin M. Blade & Associates, Inc. for the additional appraisal for the FM 544 Extension Project from the Better Safer Road Program fund by Comm. Carter, second by Comm. White.

Motion Carried 4-0-0
Court Order 01-0585

15.A-4) Move to approve on the I-35 Speedway Interchange Project authorization for Innovative Transportation Solutions, Inc. to hire an appraiser and for payment of the appraiser from the Better Safer Roads Bond Program for this project with a cap of $8,000 by Comm. Carter, second by Judge Armey.
Seconder withdrew his motion.
Motion Fails for lack of a second.

ITEM 19 ADJOURNMENT

Move to adjourn at 10:40 AM by Comm. Carter, 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.