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 28, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:00 am on the 28th day of August, 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.

Court opened with an Invocation by James Wells, Denton County Auditor, and was followed by the pledges of Allegiance to the American and Texas Flags led by Amy Phillips, Director of Human Resources.

Mr. Wells: Dear Heavenly Father, we thank You for this day. We thank You for the changing seasons that You have shown us, the cooling of the heat and the cleansing of the rain. Help us to understand that You will control the seasons, control the weather, that You have the power to do that. You certainly have the power to control men's lives. Thank You for the guidance You give us in Your word. Thank You so much for the salvation You give us in the life of Your son. Be with us. Give us wisdom. In Christ's name, Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

Item 7.C was pulled from the Consent Agenda for separate vote and/or further consideration.

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval to declare 42 Norstar Telephones as surplus and use as trade-in toward the purchases of a new telephone system in the Denton County Government Center and any appropriate action. (Briefing 08-21-01)

6.B) Approval of accepting donation of diving equipment for the Sheriff's Department from Gerald C. Neal, and any appropriate action. (Briefing 08-21-01)

6.C) Approval of renewal of Worker's Compensation Coverage with Texas Association of Counties for the term of October 1, 2001 through September 30, 2002, and any appropriate action. (Briefing 08-21-01)

6.D) Approval of renewal of General Liability, Auto Liability and auto Physical Damage insurance policies with Texas Association of Counties for the term of October 1, 2001 through September 30, 2002, and any appropriate action. (Briefing 08-21-01)

BUDGET

7.D) Approval of Budget Amendment Request #102360 to Increase Revenues and allocate
expenditures for Postage for the Tax Assessor/Collector in the amount of $8,016. (Briefing 08-21-01)

7.E) Approval of Budget Amendment Request #102120 for Contract Labor for Print/Mail Department in the amount of $2,414.

7.F) Approval of Budget Amendment Request #102370 for Operating Supplies for Constable,
Precinct #4 in the amount of $740.

7.G) Approval of Budget Amendment Request #102380 for Training/Education for Probate Court in
the amount of $2,100.

7.H) Approval of Budget Amendment Request #102390 for Office Supplies for Criminal District
Attorney in the amount of $5,400

7.I) Approval of Budget Amendment Request #102400 for Operating Supplies for Metro Alien Task
Force in the amount of $1,073.

7.J) Approval of Budget Amendment Request #102410 for Contract Labor for District Attorney Hot Check Department including the transfer of funds from Hot check Department-Unappropriated Contingency in the amount of $3,000.

7.K) Approval of Budget Amendment Request #102440 for Operating Supplies for Constable, Precinct #3 in the amount of $1,150.

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.) Tina Golden, Training/Services Support Manager/Information Services; Cynthia Knight, Supervisor - Tax/Motor Vehicles/Tax Assessor/Collector; Lawrence Cooper, Legal Intern-DA/DWI Prosecution Unit; Benny Tischler, Driver-Equipment Operator/Centralized Road & Bridge; Charles Bradshaw, Driver-Equipment Operator/Centralized Road & Bridge; Robin Burnes, Shift Leader/Juvenile Detention; Francisco Terrazas, Juvenile Corrections Officer/Juvenile Post-Adjudication; Michael Clary, Detention Officer III-Medical/Jail Health; Jonathan Denison, Detention Officer I/County Jail; Josh Godi, Detention Officer I/County Jail; Corey Hollis, Detention Officer I/County Jail; Lafayette Woodfork, Detention Officer I/County Jail; Jef Sevenker, Detention Officer I/County Jail; Tiffany Craig (Gunnels), Detention Officer I/County Jail; Jimmy Frazier, Detention Officer I/County Jail; Eddy Lynton, Adult Probation Officer/CSCD; Audrea Buerger, Court Clerk/JP#6.

HEALTH

9.A) Approval of contract with the Texas Department of Health for selected laboratory services. (Briefing 08-21-01)

PUBLIC WORKS

10.B) Approve the Final Plat for the Harper Hill Addition, Precinct 1.

COUNTY CLERK

11.A) Approve the minutes for Denton County Commissioners Court Meeting, and the County Clerk minutes for Budget Work Session for August 14, 2001, Formal Session.

OTHER DEPARTMENTS

13.D) Approval of PediPlace to be included as an option for jurors to donate their pay to PediPlace - District Clerk. (Briefing 08-21-01)

13.G) Approval of building usage of the Carrollton Government Center on Wednesday, September 19, 2001, 7:00 p.m. to 10:00 p.m. by Robert Fulkerson for the Rosemeade Heights Hone Owners Association -
Aide to the Court. (Briefing 08-21-01)

LEGAL

14.B) Approval of Acceptance of a Right of Entry from U.S. Trust Company of Texas, N.A. et al. for a access road to Pollard Road Cemetery. (Briefing 08-21-01)

14.C) Approval of Resolution and Agreement between the State of Texas, acting by and through the Texas Department of Transportation, and Denton County for funding of the clean Vehicle Program. (Briefing 08-21-01)

14.D) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Oak Point. (Briefing 08-21-01)
14.E) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Hickory Creek. (Briefing 08-21-01)

14.F) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Lakewood Village. (Briefing 08-21-01)

 Interlocal Cooperation Agreement for Tax Collection between Denton
County and the Town of Flower Mound. (Briefing 08-21-01)

14.H) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and Sanger ISD (Independent School District). (Briefing 08-21-01)

14.I) Approval of renewal for the Interlocal Cooperation Agreement for Tax Collection between Denton County and Aubrey ISD (Independent School District). (Briefing 08-21-01)

Move to approve the Consent Agenda with the exception of Item 7.C by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 01-0586

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.)

DELETIONS:

From General, $25.00 to Ron Vanzura, incorrect amount;
From Road & Bridge, $41.27 to the City of Denton Utilities, incorrect amount.

ADDITIONS:

To General, Historical Commission, $23.95 to B. Dalton Bookstore for Quakertown Book;
To General, Sheriff's Office, $29,985.30 to DSI Consulting, Inc. for S.O. Mobile Data System;
To '99 Road Construction, $8,562.23 to First American Title Insurance for FM 544 ROW - Griffith.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0587

ITEM 6 PURCHASING

6.E) Approval of award for Independent Auditors, RFP #05-01-1428, to Pattillo, Brown and Hill,
L.L.P., and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0588

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #102310 for Photographic Equipment for License &
Weight in the amount of $3,500. (Briefing 08-21-01)

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0589

7.B) Approval of Budget Amendment Request #102320 for Photographic Equipment for Constable, Precinct #2 in the amount of $3,500. (Briefing 08-21-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0590

7.C) Approval of Budget Amendment Request #102340 for Body Transportation for Medical Examiner including the transfer of funds from Non-Departmental Unappropriated Contingency-Flower Mound Government Center Contingency in the amount of $7,748. (Briefing 08-21-01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0591

7.M) Approval of any action related to the Denton County's 2001-2002 Budget.

NO ACTION

ITEM 10 PUBLIC WORKS

10.A) FOR RECORDING PURPOSES ONLY: Acceptance of the Road Superintendent Report for the month of July 2001.

Move to accept by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0592

ITEM 13 OTHER DEPARTMENTS

13.A) 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.

NO ACTION

13.B) 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.E) Approval of renewal of contract between Denton County and University of North Texas, Dispute Resolution System - Commissioner, Precinct #2. (Briefing 08-21-01)

Move to approve renewal of contract without additional funds for Settlement Week by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0593

13.F) Approval of North Texas Tollway appointment, and any appropriate action - County Judge.
(Briefing 08-21-01)

Move to re-appoint Don Blackwood by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-1 (Mitchell abstained) Court Order 01-0594

ITEM 14 LEGAL

14.J) Approval of Chapter 381 Agreement between Denton County, Texas; LCS Land Partners II, Ltd., a Texas limited partnership; and Metro DFW No. 10, L.P., a Texas limited partnership. (Formal 08-21-01)

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 01-0595

14.K) Approval of Denton County Tax Office Contract to use Official Payments Corporation for credit card payment of taxes.

ACTION ON THIS ITEM POSTPONED UNTIL NEXT MEETING

ITEM 16 ADDENDA

16.A) Approval from Sheriff Lucas is requesting the Commissioners Court to hold a public hearing to
be held to comply with the US Department of Justice Office of Justice Programs requirement in order to receive Local Law Enforcement Block Grant funding and any appropriate action. This public hearing will discuss the allocation and intended purpose of FY2001 LLEBG funds $39,755 and local cash match amount of $3,975-Sheriff's Office.

Motion to accept Grant with the amended local cash match being $4,417.20 for a total of $44,172.00 by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0596

ITEM 17 RECESS 9:45 AM

ITEM 18 RECONVENE 11:20 AM

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.

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

Convened in Executive Session at 11:22 AM
Reconvened in Formal Session at 11:50 AM

15.C) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A),
Government Code; Discuss potential litigation re: Claim of Danny Lowery.

Move to approve recommendation of Criminal District Attorney, Counsel to the Sheriff, to deny the Claim of Danny Lowery and assign this Potential Litigation to the Criminal District Attorney, Civil Division, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0597

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

NO ACTION

15.E) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential litigation re: Claim of Lone Star Ranch.

Move to approve recommendation of Criminal District Attorney, Counsel to the Sheriff, to deny the Claim of Lone Star Ranch and assign this Contemplated Litigation to the Criminal District Attorney, Civil Division, by Comm. Mitchell, second by Comm. Carter.

Motion Carried 5-0-0
Court Order 01-0598

15.D) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential litigation re: Claim of the Estate of Leesa Sheffield.

15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071(1)(A); Denton County v. KONE, Inc., formerly known as Montgomery KONE, Inc., d/b/a Texas KONE, Inc., Cause No, 4:01-CV-oo111, pending in the United States District Court, Eastern Division of Texas, Sherman, Texas.

NO ACTION - REPOST

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

Move to approve the following motion by Comm. Jacobs, second by Comm. White as
recommended by Kenneth D. Martin & Associates, P.C., regarding the relocation of tenants residing on real property heretofore owned by Floyd West and Mary West (the "Relocation"):

(1) that the Denton County Criminal District Attorney's Office, Civil Division, be authorized and directed to approve the Relocation, provided that costs associated with the Relocation are consistent with the discussions in Executive Session of the Commissioners Court and limited to $5,000.00 in the aggregate;
(2) that, upon prior written authorization from the Denton County Criminal District
Attorney's Office, Civil Division, Kenneth D. Martin & Associates, P.C., be authorized and directed to negotiate the Relocation;
(3) that Judge Scott Armey be authorized to execute any and all documents necessary for theRelocation;
(4) that, upon prior written authorization by the Denton County Criminal District Attorney's Office, Civil Division or Judge Scott Armey, an employee of the County be authorized and directed to execute all documents necessary for the Relocation; and
(5) that, upon prior written authorization by the Denton County Criminal District Attorney's Office, Civil Division, the Denton County Auditor be authorized and directed to make funds available to pay for the Relocation and all of the County's costs associated with the Relocation, not to exceed $5,000 in the aggregate.
Motion Carried 5-0-0
Court Order 01-0599

ITEM 13 OTHER DEPARTMENTS

13.C) Approval of amendment to Innovative Transportation Solutions, Inc. Contract, and any
appropriate action - Commissioner Precinct #2. (Briefing 08-21-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0600

ITEM 19 ADJOURNMENT

Move to adjourn at 12 Noon by Comm. Mitchell, second by Comm. Carter.
Motion Carried 5-0-0

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