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 25, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:04 AM on the 25th day of September, 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 Reverend Sean Ellis of the Moore Street Baptist Church and was followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director.

Reverend Ellis: Father, we come before You right now, Lord, thanking You for this day that You've blessed us to see, Lord, recognizing that there was some who did not wake this morning, Lord. We come before You thanking You, Lord, because it was You, Lord, who sustained us and kept us as we slept through the night, Master. We come before You as a people, Lord, united, Father God, on one front, Lord, asking that You would just guide our thoughts, our actions, Lord, in the things in which we do, Lord. We recognize that these last couple of days have not been days, Father, of joy, but we've had some sorrow, Lord, and we pray now, Father, that You will just ease the sorrow in the hearts and minds of those who lost loved ones, Lord. Those, Father, who are in the midst of tragedy, Lord, we pray now that You will just ease any hurt and pain, Lord. We pray, also, that You'll bless those who are prepared, Lord, who have been called up, Lord, on reserves, Lord, on active duty, Master, who are about to go out and serve our country, Lord. We pray that You will strengthen them and unite them, Master, let them be where You would have them to be, Lord. And we pray, Father, that our leadership, Lord, that they will lead, Lord, as You would have them to lead; that their thoughts, their actions, will come in line with You, Lord, and that they will walk as You would have them to walk, Lord, and that they will guide the country, Lord, showing us the true meaning of what it means to put God first, and to let You be our guide, Lord. We pray now that You'll guide this country, that You'll guide this Court, that You'll guide this nation, that our thoughts and our actions, Lord, may line up with You. We pray now for each and every one of those that stands before You this morning, Lord, that they may stand in assurance of knowing, Father, that You Lord, are controlling all things. Let their thoughts, their actions, as they begin to legislate, Lord, let them be focused upon You, Lord, and if there be anything hindering their thoughts, Lord, if there be any pressures being placed upon them, let them free those things right now, God, and act in accordance to Your will. We want to thank You. We want to praise You for this day, for we recognize that there will be no other day like it. But we pray now that You will just guide these people, guide Your sheep, Lord, and let us walk as You would have us to walk, Lord. We thank You. We praise You. In Jesus' name. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

(The following items were pulled from the Consent Agenda for separate vote and/or further discussion: 12.C and 14.G. 10.B was pulled from the Agenda.)

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.) Approval of award of bid for CMAP (Cold Mix Asphaltic Pavement), Bid #07-01-1438, to APAC-Texas, Inc., and any appropriate action. (Briefing 9-18-01)

6.B) Approval of award of bid for Surface Treatment Aggregate (Type D, Grade 3 and 4), Bid #07-1- 1441, to Tim Beaty Builders, Inc. for Grade 4 and TXI for Grade 3, and any appropriate action. (Briefing 9-18-01)

6.C) Approval of award of bid for Truck Motor Overhauls, Bid #08-01-1443, to Southwest International Trucks, and any appropriate action. (Briefing 09-25-01)

BUDGET

7.A) Approval of Budget Amendment Request #102740 to increase revenues, allocate expenditures and transfer funds from Court Appointed Attorney Fees for County Court at Law #1 in the amount of $45,274. (Briefing 09-18-01)

7.B) Approval of Budget Amendment Request #102820 for Non-Departmental Personnel Contingency for Various County Departments in the amount of $24,898. (Briefing 09-18-01)

7.E) Approval of Budget Amendment Request #102860 for Office Machines for Tax
Assessor/Collector in the amount of $2,342 and approval of exception to Sections #E (2) of the budget amendment policy. (Briefing 09-18-01)

HUMAN RESOURCES

8.) 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.) Andrew Cain, Systems Support Specialist/Information Services; Robert Snyder, Field Mechanic/Centralized Road & Bridge; Budi Yulianto, Web Designed/Developer/Information Services; Christy Stringer Geary, Asst. Juvenile Probation Officer/TJPC; Brian Brockett, Asst. Juvenile Probation Officer/Juvenile Probation; David Harris, Deputy Constable/Constable Pct.4; Sandra Jones, Court Administrator/CCC #5; Lana Hagenbucher, Court Reporter/CCC #5; Jay Vanatta, Administrative Specialist II/Treasurer; Raquel Berry, Detention Officer I/County Jail.

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for September 11, 2001.

SHERIFF

12.B) Approve acceptance of a grant from the Office of the governor Criminal Justice Division for the amount of $87,537 which does not require a local cash match, to fund the Underage Drinking Grant (C.O.M.B.A.T) Team. (Briefing 09-18-01)

12.D) Approve the acceptance of a grant award from the Office eof the Comptroller for the amount of $10,000, no local cash match required, to fund the Tobacco Compliance grant. (Briefing 09-18-01)

OTHER DEPARTMENTS

13.B) Approval of appointment of Clothilda A. Sturm to the Denton County Historical Commission - Historical Commission. (Briefing 09-18-01)

13.C) Approve acceptance of the At-Risk Youth Assessment Project Grant (ED-01-J20-15988-01) through the North Texas Council of Governments - Juvenile Probation. (Briefing 09-18-01)

LEGAL

14.C) Approval of renewal for the Interlcoal Cooperation Agreement for Tax Collection between Denton County and the City of Krum. (Briefing 09-18-01)

14.D) Approval of Amendment to the Agreement between County and Engineer between HNTB Corporation and Denton County, Texas. (Briefing 09-18-01)

14.E) Approval of Amendments to the Agreement between County and Engineer, between Denton County, Texas, and Paragon Project Resources, Inc., for Engineering Services for the IH 35E/FM 1171 Ramp Modifications. (Briefing 09-18-01)

14.F) Approval of: a) Resolution authorizing participation in the implementation of the proposed IH35E/FM 1171 Ramp Modifications project in Denton County, Texas and b) Local Transportation Project Advanced Funding Agreement between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the IH35E/FM 1171 Ramp Modifications. (Briefing 09-18-01)

Move to approve Consent Agenda with the exception of Items 12.C and 14.G, (Item 10.B was pulled from the Agenda), by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0647

ITEM 4 PUBLIC HEARINGS

4.A) Approve an amendment to the Lake Ray Roberts Land Use Ordinance as requested by Mr. M.V. Garner and recommended by the Lake Ray Roberts Planning & Zoning Commission.

Move to Open Public Hearing by Comm. Mitchell, second by Comm. White.
Motion Carried 4-0-0

No one spoke either for or against.

Move to Close Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0

Move to approve the amendment by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0648

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 General, $50.00 to Joe Boswell, incorrect Invoice #.

ADDITIONS -

To General, Underage Drinking, $20.00 to Kevin Bragg for "Buy Money";
To General, CC#3, $56.87 to Arch Wireless for Pager Services;
To Juvenile, $66.50 to the Fort Worth Zoo for 14 Zoo Tickets;
To TNCP, $4,221.73 to the Denton County Sheriff's Office to reimburse Imprest Funds;
To DA Hot Check -
$75.00 each to Jackie Carpenter and Sherry Cochran for Galveston Travel Advance;
$274.93 to Costa Del Mar for lodging for Cochran & Carpenter;
To '96 Rd. Projects Fund, $1,000.00 each to: Melissa Stearns, Debbie Dowling, Steven L. Blake, Michael Edwards, Kathy Akens & Amy M. Sneed for Swisher ROW, Relocation Expense.

Move to approve the amended Bill Report by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0649

ITEM 6 PURCHASING

6.D) Approval of award of Bid for Pharmaceutical Services, Bid #06-01-1430, to Yarbrough's Pharmacy for Denton and SMC Rx for Lewisville, and any appropriate action.

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0650

6.E) Approval of award of bid for Trietsch Road Fence, Bid #08-01-1445, and any appropriate action.

Move to award bid to Aber Fence & Supply Company by Comm. White, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0651

6.F) Approval of award of Pharmaceutical Service-Jail Health, RFP #06-01-1431, to Diamond
Pharmacy, and any appropriate action.

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0652

ITEM 1 PUBLIC INPUT

Judge Armey read a letter from the National Purchasing Institute regarding the Excellence in Procurement Award to the Denton County Purchasing Department and its Director, Beth Fleming.

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #102830 to increase revenues, and allocate expenditures for Incentive Pays/Benefits including the creation of a new line item for county purposes for FY 2000-2001 for various County Departments in the amount of $29,103. (Briefing 09-18-01)

REMOVE FROM THE AGENDA PER DIRECTOR OF BUDGET

7.D) Approval of Emergency Budget Amendment Request #102850 for Consultant Fees for County
Operations in the amount of $5,400. (Briefing 09-18-01)

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0653

ITEM 10 PUBLIC WORKS

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

Move to accept by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0654

10.B) Approval of Final Plat for the Hidden Oaks Addition, Precinct 1.

PULLED FROM THE AGENDA

ITEM 9 HEALTH

Dr. Burton, Director of the Health Department, gave the court an update on the one occurrence of meningitis in the County.

ITEM 12 SHERIFF

12.A) Approval of Denton County Magistrate Agreement Contract. (Briefing 09-18-01)

Move to approve by Comm. Carter.
Motion Withdrawn.
REPOST

12.C) Approve the acceptance of a grant from the Office of the Governor Criminal Justice Division for the amount of $24,003 with a local cash match of $50,912 to give a total Project Cost of $74,915 to fund the Warrant Research Team grant. (Briefing 09-18-01)

Move to approve by Comm. Carter, second by Judge Armey.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0655

12.E) Approve Potential Change Order #98 to provide $3,356.00 additional funding to the Site Utilities Contract for Wright Construction company, Inc. to remove 18 inch reinforced concrete pipe (RCP) and install 15 inch RCP on the Northwest Side of the Pretrial Center.

Move to approve by Comm. Carter, second by Judge Armey.
Motion Failed 2-2-0 (Mitchell & White nay)
REPOST OCTOBER 9, 2001

12.F) Approve Potential Change Order #89 to provide $8,537.00 additional funding to the Painting Contract for Wright Painting and Coating to provide acoustical wall covering in the Multi-Purpose room of the Pre-Trail Center.
REPOST OCTOBER 9,2001

12.G) Approve Potential Change Order #115 to provide $25,711.00 additional funding to the electrical trade contract of Boggs Electric Company, Inc. to install additional components to the alarm system per requests from the City of Denton.
REPOST OCTOBER 2, 2001

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.

Move to approve the packet with the Redistricting Plans for Commissioner Precincts and Justice of the Peace Precincts in accordance with the Redistricting Committee and with JP Precinct 127 now in Commissioner Court Precinct Four as JP Precinct 407 by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0656

ITEM 14 LEGAL

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

NO ACTION

14.B) Approval of Resolution and Tax Abatement Agreement between Denton County, Texas and Peterbilt Motors Company, a division of PACCAR Inc., a Delaware corporation. (Briefing 09-18-01)

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0657

ITEM 13 OTHER DEPARTMENTS

13.D) Approval of Resolution opposing the Transportation Commission (TTC) Minute Order 108544 and Minute Order 108545, and any appropriate action - County Judge.

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0658

ITEM 14 LEGAL

14.G) Approval of Addendum to Client Support & Services Agreement between The Software Group, Inc. and Denton County, Texas. (Briefing 09-18-01)

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0659

14.H) Approval of Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation off the State System: Amendment No. 1 between the State of Texas, acting through the Texas Department of Transportation, and Denton County, Texas.

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0660

ITEM 17 RECESS 10:24 AM

ITEM 18 RECONVENE 11:55 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. Mitchell, second by Comm. White.
Motion Carried 4-0-0

Court convened in Executive Session at 11:57 am.
Court reconvened in Formal Session at 12.42 pm with Comm. Carter acting as presiding judge in the absence of Judge Armey.

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

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

15.C) 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-0011, pending in the Untied States District Court, Eastern Division of Texas, Sherman, Texas.

NO ACTION ON ITEMS 15.A, B OR C

ITEM 16 ADDENDA

16.A) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A) and (2); Texas Juvenile Probation Commission report dated September 19, 2001.

NO ACTION

ITEM 19 ADJOURNMENT 12:45 PM

Move to adjourn by Comm. White, second by Comm. Mitchell.
Motion Carried 3-0-0