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.

September 11, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:10 AM on the 11th day of September, 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 Lockadee Newland, Chief Administrator for Commissioner, Precinct One, and was followed by the Pledges of Allegiance to the American and Texas Flags led by James Childers, temporary employee for the mail room.

Ms. Newland: Dear Heavenly Father, thank You for loving us. Please help us to love others as You have loved us. We come to You today to ask that You make Your presence known to those who are charged with conducting this County's business this morning. Touch their hears and minds by the power of Your Holy Spirit, that as they make decisions, those decisions will be pleasing to You and according to Your will. We pray for those whose hearts are hurting this morning and ask that Your loving presence surround them. We ask these things in Jesus' name. Amen.

ITEM 1 PUBLIC INPUT

Constable Larry Floyd, Precinct Two, introduced Karen Meissner, an Exchange Police Officer from Goettingen, Germany.

ITEM 2 CONSENT AGENDA

(The following items were pulled from the Consent Agenda for separate vote and/or further consideration: 7.K & 7.0.)

AUDITOR/TREASURER

5.B) Approval of Payroll.

5.C) Approval of establishing the Denton County Justice Court Technology Fund and requiring the payment of a $4 Justice Court Technology Fee on Misdemeanor convictions in Justice Courts. (Briefing 09-04-01)

PURCHASING

6.A) Approval of award for annual contract for Voice and Data Cabling Purchase and Installation, RFP #12-00-1402, to Cingl Telecommunications, Inc., and any appropriate action. (Briefing 09-04-01)

6.B) Approval of award for Uniforms - Sheriff's Department, Bid #07-01-1436, to Direct Action
Uniforms, and any appropriate action. (Briefing 09-04-01)

BUDGET

7.B) Approval of Budget Amendment Request #102500 for Office Machines for District Clerk in the
amount of $1,500. (Briefing 09-04-01)

7.C) Approval of Budget Amendment Request #102520 for Operating Supplies for Constable,
Precinct #4 in the amount of $3,613.

7.D) Approval of Budget Amendment Request #102530 for Miscellaneous Court Ordered
Expenditures for Judiciary and Court Support in the amount of $3,000.

7.E) Approval of Budget Amendment Request #102540 for various line items for Juvenile Probation,
Juvenile Detention and Post Adjudication Center in the amount of $16,500.

7.F) Approval of Budget Amendment Request #102580 for Miscellaneous Road & Bridge Expense
for Public Works-Road & Bridge in the amount of $68,000.

7.G) Approval of Budget Amendment Request #102590 for Printed Material for Tax
Assessor/Collector in the amount of $1,075.

7.H) Approval of Budget Amendment Request #102600 for various line items for Information Services in the amount of $1,020.

7.I) Approval of Budget Amendment Request #102660 for Office Supplies and Training/Education for Purchasing Department in the amount of $1,686.

7.J) Approval of Budget Amendment Request #102640 for New Instruments for Telephone Department in the amount of $22,454.

7.M) Approval of Budget Amendment Request #102730 to increase revenues, allocate expenditures for Cars/Small Trucks for county Operations including the transfer of funds from Non-Departmental Unappropriated Contingency funds in the amount of $21,136.

7.N) Approval of Budget Amendment Request #102750 for Training/Education and Contract Labor for Justice of the Peace, Precinct #4 in the amount of $1,090.

7.P) Approval of Budget Amendment Request #102760 for various line items for County Clerk in the amount of $3,878.

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.) Clark Turner, Detention Officer I/County Jail; Alonzo Baucham, Detention Officer I/County Jail; Mark Norwood, Detention Officer I/County Jail; Andrew Mitchell, Communications Officer I/Communications; Mark Lindsey, G.I.S. Coordinator/County Planning; Mary Pereza, Senior Clerk-Mental Health/County Clerk; Georgya Rankin, Deputy Clerk II - Mental Health/Probate/County Clerk.

HEALTH

9.A) Approval of attachment to contract with the Texas Department of Health for SDI/Eligibility services. (Briefing 09-04-01)

9.B) Approval of attachment to contract with the Texas Department of Health for Service Delivery Integration services. (Briefing 09-04-01)

9.C) Approval of attachment to contract with the Texas Department of Health for Population Based Health services. (Briefing 09-04-01)

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, August 28, 2001, Formal Session.

OTHER DEPARTMENTS

13.B) Approval of building usage request by Robin Hyatt of the Carrollton Government CenterCommunity Room on October 2, 2001, from 7:00 p.m. to 10:00 p.m. for the 2281 Homeowners Association meeting. (Briefing 09-04-01)

13.D) Acceptance of the Bayless-Selby House Museum and receive required guarantees, affidavits, warranties, releases, bonds, consents of sureties, waivers, all keys operating equipment, maintenance stocks, maintenance manuals, part lists, and As-Built Drawing received from the Trade Contractors - Denton County Historical Commission. (Briefing 09-04-01)

Move to approve Consent Agenda with the exception of Items 7.K & 7.O by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0621

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.)

DELETION from the General Fund: $100.00 to the University of Texas/Austin - Tuition Fee
waived.

ADDITIONS TO THE GENERAL FUND:

Sheriff's Office, $75.00 to Jimmy Broyles for meal advance;
Extension, $47.90 to the Assoc. of Family Consumers for books for County Extension;
Misc., $4,830.18 for Pager Services for various enforcement departments;
DA, $17.00 to the Shelby County Sheriff's Office to Service Citation.

ADDITIONS:

To Road & Bridge, $563.95 to Arch Wireless for Pager Service;
To Juvenile, $691.41 to Arch Wireless for Pager Service;
To DA Chapter 59, $100.00 to Robb Vance for Evidence Expense.

Move to approve Bill Report, as amended, by Comm. Jacobs, second by Comm. White.
Motion Carried 3-2-0 (Armey & Mitchell nay)
Court Order 01-0622

ITEM 7 BUDGET

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

NO ACTION

7.K) Approval of Budget Amendment Request #102650 for various line items for County Jail, Law Enforcement Facility and Sheriff's Department in the amount of $6,547.

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0623

7.L) Approval of Budget Amendment Request #102710 for Legal Ads for Commissioners Court in the amount of $2,176.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0624

7.O) Approval of Budget Amendment Request #102770 for various line items for S.O.
Greenbelt/Public Safety Grant in the amount of $15,628.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 01-0625

ITEM 8 HUMAN RESOURCES

8.B) Approve any action related to third party administration of medical/dental insurance plans and receive a presentation by LifeRe Insurance Company.

ACTION CONTINUING - REPOST ON BRIEFING AGENDA FOR UPDATES

ITEM 10 PUBLIC WORKS

10.A) Approval of any action related to House Bill 1445 regarding Cities Extra Territorial Jurisdiction
and the effects on Denton County. (Formal 09-04-01)

Move to authorize the District Attorney, Civil Division, to request the Texas State Attorney General's opinion regarding House Bill 1445 by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0626

ITEM 12 SHERIFF

12.A) Approval of Change Order #2, in the amount of $17,433.00, to the Drywall Construction Trade Contract, No. CF19A-1983, for King & Co. for the Pre-Trial Center, the Enforcement Center, the Kitchen Expansion, the Canopy Addition, and the Security Enhancements for the Sheriff's Office, and any appropriate action.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 01-0627

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

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. Carter.
Motion Carried 5-0-0
Court convened in Executive Session under Item 15.B at 10:13 AM.
Court reconvened in Formal Session at 10:23 AM.

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

NO ACTION

ITEM 13 OTHER DEPARTMENTS

C) Approve any appropriate action that clarifies the elected official's statutory authority and how it relates
to county employees - Commissioner Precinct #2. (Briefing 09-04-01)

Move to request the Personnel Policy Committee to review the authority of Elected Officials and inform employees by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0628

13.E) Approval of (1) revisions to job description for job title: Counsel to Sheriff, Criminal District Attorney's Office-Civil Division and (2) giving direction to the Budget Officer to amend the FY 2002 budget to transfer $86,966 from line item #1040-6810, Civil Attorney Representation Contingency, to the District Attorney-Civil Division budget and present the budget amendment for approval on October 2, 2001
- Commissioner Precinct #2. (Briefing 09-04-01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Failed 2-2-1 (White & Mitchell nay, Armey abstained)

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.

NO ACTION

14.B) Approval of Chapter 381 Agreement between Denton County, Texas, and SYSCO Food Services of Dallas, L.P., a Texas limited partnership. (Briefing 09-04-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 01-0629

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

Court convened in Executive Session at 10:45 AM.
Court reconvened in Formal Session at 11:35 AM.

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

Move to approve by following with regard to the relocation of tenants residing on real
property heretofore owned by Floyd West and Mary West (the Relocation) by Comm. White,
second by Comm. Mitchell:
(1) that, notwithstanding the previous directives of this court on August 28, 2001, 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 Commissioners Court and limited to $6,000.00 in the aggregate;
(2) that 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 the Relocation;
(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 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 $6,000.00 in the aggregate.
Motion Carried 5-0-0
Court Order 01-0630

ITEM 16 ADDENDA

16.A) Personnel matters, Texas Government Code, Section 551.074 (a)(1): to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee: Road and Bridge Manager.

NO ACTION

16.B) 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-00111, pending in the United States District Court, Eastern Division of Texas, Sherman, Texas.

Move to approve Comm. Carter as a representative for Commissioners Court in this Pending Litigation by Comm. Mitchell, second by Comm. White.
Motion Carried 4-0-1 (Carter abstained)
Court Order 01-0631

JUDGE ARMEY ASKED THE COURT TO PRAY AND HAVE A MOMENT OF SILENCE IN HONOR OF THE LIVES LOST TODAY IN NEW YORK, WASHINGTON DC AND PENNSYLVANIA.

ITEM 4 PUBLIC HEARINGS

4.A) Public Hearing on the Denton County Budget for FY 2001-2002.

Move to Open Public Hearing by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0

No one spoke.

Move to Close Public Hearing by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0

4.B) Approve the adoption of the 2001-2002 Denton County Budget in the amount of $106,038,804 and any appropriate action.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0632

4.C) Approve the adoption of the 2001 Tax Rate for Denton County and any appropriate action.

Move to adopt the tax rate on $100 taxable value for Denton County for tax year 2001 as follows: $0.21634 for the purpose of maintenance and operation and $0.03559 for the payment of principal and interest on debt service, for a total County tax rate of $0.25193 for tax year 2001; also, authorize the Tax Assessor Collector to assess and collect taxes for the County of Denton, Texas by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0633

ITEM 19 ADJOURNMENT

Move to adjourn at 12:07 PM by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0

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