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.

October 2, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:06 AM on the 2nd day of October, 2001 with Commissioner Bobbie J. Mitchell as Presiding Officer. Commissioners Sandy Jacobs, Jim Carter, and Cynthia White were present, along with deputy clerk Kathleen Bransford.

Court opened with an Invocation by Hank Scheible, Veterans Service Officer for Denton County, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Jim Heath, Denton County resident and member of the Historical Commission.

Mr. Scheible: Most gracious heavenly Father, we come before You this morning praising Your name and lifting You up because You've told us that Your people inherit Your praises. Father, we do lift You up and thank You for the blessings You've showered on this country. You've told us to pray for our leaders and we do lift up our president and Congress right now, as well as the Judge on his honeymoon and the Commissioners on this Court. Father, as they are leaders of our country and our County and our State, we lift up all of them to You now that You would wrap your arms around them and give them the strength and the power of Your purpose and will. Father, as we, our nation goes through these problems in this day, we ask that You would turn our hearts and minds towards You, that we would be able to gain the strength, the faith and the love from You that You give to all of us. As the Commissioners Court ponders its issues this morning, we ask that You would give them guidance into Your will, that they would know Your purpose and the sense of Your being and that they would make decisions that would bring glory and honor to Your name. And in the name of Jesus, we pray. Amen.

ITEM 1 PUBLIC INPUT

Sheriff Lucas and Doug Sanders, Administrator Jail/Medical, honored Shannon (Strabary) McIntyre for her saving the life of a Denton County Detention officer on December 23, 2000.

ITEM 2 CONSENT AGENDA

(The following item was pulled from the Consent Agenda for further discussion and/or for separate vote: 8.A.)

PURCHASING

6.A) Approval of exemption from bidding process for a Sole Source purchase of radios from Motorola Communications and Electronics, Inc. in compliance with Section 262.024(a)(7)(A) and (D) of the Local Government Code and any appropriate action. (Briefing 9-25-01)

6.B) Approval of ranking Huitt-Zollars, Inc. as the most qualified firm for engineering services for the Bridge Replacement Program - BRINSAP, RFQ #05-01-1424, authorize contract negotiations, and any appropriate action. (Briefing 9-25-01)

6.C) Approval of award of bid for Lubricants and Oils, Bid #07-01-1439, to Jesse P. Taylor for Items #2, 3, 4, and 7, Reeder Dist. for Item #6, and KnightCo. Oil for Items #1 and 5, and any appropriate action. (Briefing 9-25-01)

6.D) Approval of award of bid for Janitorial Paper Products, Bid #07-01-1440, to Empire Paper co. for Item #1, Janpak/Lind Paper Co. for Items #2 and 3, Jani-Mart for Item #4, Unipak Corp. for Items #5 and 6, Bottoms Up for Item #7 and rejection of all bids for Item #8, and any appropriate action. (Briefing 9-25-01)

HUMAN RESOURCES

8.D) Approve the employer contribution rate and annually determined contribution plan options for 2002 - Texas County and District Retirement System. (Briefing 09-25-01)

PLUBIC WORKS

10.A) Approve Tuesday October 23, 2001, at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance as requested by the Lakeview Ranchettes Homeowners Association and recommended by the Lake Ray Roberts Planning & Zoning Commission. (Briefing 09-25-01)

10.B) Approve Tuesday October 23, 2001, at 9:10 a.m. as date and time to conduct a PUBLIC HEARING to consider a request for a Specaial Use Permit as required by the Lake Ray Roberts Land Use Ordinance, requested by Charles Pollack and Donna Clark and recommended by the Lake Ray Roberts Planning & Zoning Commission and the Lakeview Ranchettes Homeowners Association. (Briefing 09-25-01)

10.C) Approve Tuesday October 23, 2001, at 9:15 a.m. as date and time to conduct a PUBLIC HEARING to consider a request for a Special Use Permit as required by the Lake Ray Roberts Land Use Ordinance, requested by Tina Koeing and recommended by the Lake Ray Roberts Planning & Zoning Commission and the Lakeview Ranchettes Homeowners Association. (Briefing 09-25-01)

10.D) Approve Tuesday October 23, 2001, at 9:20 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance as requested by Mr. Roy Brock and recommended by the Lake Ray Roberts Planning & Zoning Commission. (Briefing 09-25-01)

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

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for September 18, 2001.

OTHER DEPARTMENTS

13.A) Approval of: 1) make a determination that BSRP funds are not needed at this time for FM 1171 West totaling $1.5 million; and 2) make a determination that funds at this time are needed on FM 1171 Section 1, a specific project listed in the BSRP; and 3) transfer funds from FM 1171 West to FM 1171 Section 1, and any appropriate action. (Briefing 09-25-01)

13.B) Approval of Building Usage requested by Michael Elisberry, for the use of the 1896 room on Saturday, October 13, 2001, from 3:30 p.m. to 6:30 p.m. for the purpose of a Public Meeting of the Libertarian Party of Denton County - County Judge. (Briefing 09-25-01)

13.D) Approval of request by Highland Village for installation of sanitary sewer in County right-of-way for FM 2499, and any appropriate action - County Judge. (Briefing 09-25-01)

13.E) Approval of Dell computer lease from state contract from Texas DIR - Information Services. (Briefing 09-25-01)

LEGAL

14.B) Approval of: a) Resolution authorizing participation in the implementation of the proposed FM 1171 (031) 1 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 FM 1171. (Briefing 09-25-01)

14.D) Approval of Standard Form of Agreement for Voice and Data Cabling Purchase and Installation with Cingl Telecommunications, Inc. (Briefing 09-25-01)

Move to approve Consent Agenda with the exception of Item 8.A by Comm. Carter, second
by Comm. White.
Motion Carried 4-0-0
Court Order 01-0661

Comm. Carter was excused from the remainder of the proceedings for other county business.

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.)

ADDITIONS:

To General Fund, CSCD, $11,250.00 to Paul Guzik for October lease payment;
To 99 Road Const. Projects, $30,028.67 to First American Title Co. of Texas for ROW on FM 544, Elsberg property.

Move to approve Bill Report, as amended, by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0662

ITEM 6 PURCHASING

6.E) Approval of purchase of On-Line Legal Access Services from Lexis Nexis as the State of Texas QISV Best Value, and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0663

6.F) Approval of exemption from bidding for Magistrate Services as professional service according to the provisions of Section 262.024(a)(4) of the Local Government Code, and any appropriate action.

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 01-0664

6.G) Approval of award of Laboratory Services, RFP #06-01-1429, to Pinnacle Diagnostics and Laboratories, and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 01-0665

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.) Libby Beidleman, Deputy Clerk-Courts/County Clerk; Roy Glover, Jr., Juvenile Corrections Officer/Juvenile Post Adjudication; Mark Tittle, Juvenile Corrections Officer/Juvenile Post Adjudication; Julie Kringen, Financial Support Specialist II/Public Health; Sherry L. Shipman, Misdemeanor Prosecutor I/Criminal District Attorney; Anthony Paul, Felony Prosecutor II A/DA/Child Abuse Prosecution Grant; Theoloniaus Peugh, Felony Prosecutor II B/Criminal District Attorney; Tracy Kempf, Misdemeanor Prosecutor I/Criminal District Attorney; Denver McCarty, Felony Prosecutor I-Narcotics/Task Force Grant; Rick Daniel, Felony Prosecutor I/Criminal District Attorney; Pamela Nichols, Deputy Clerk-Motor Vehicles/Tax Assessor/Collector; Christy Grelle, Juvenile Probation Officer/Juvenile Community Corrections Grant; Waller "Finley" Jones, Bailiff/Sheriff's Dept.; Andrew Mitchell, Communications Officer/Communications; Christine Sandmann, Juvenile Corrections Officer/Juvenile Post Adjudication; Cathy Allcorn, Planning Manager/County Planning.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0666

8.C) Approve combining two vacant part-time Detention Officer 1 positions (272-JA & 273-JA) into one full-time Detention Officer 1 position - Sheriff. (Briefing 09-25-01)

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0667

8.B) Approve recommendations regarding the Denton County Benefit Plan:

1) Approve HIPPA exemption for Plan Year 2002,
2) Adopt a prescription plan copay structure,
3) Adopt a dependent premium structure,
4) Expand coverage for sealants,
5) Expand coverage for immunizations - (Briefing 09-25-01)

NO ACTION - POSTPONED FOR FULL COURT

ITEM 10 PUBLIC WORKS

10.F) Approval of House Bill 1445 regarding cities extra territorial jurisdiction and the effects on Denton County and any appropriate action.

NO ACTION - POSTPONED FOR FULL COURT

ITEM 12 SHERIFF

12.A) Approval of Denton County Magistrate Agreement Contract. (Briefing 9-18, 25-01)

Move to approve with a (six) 6-month budget amendment and a (thirty) 30-day notice to terminate by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0668

12.B) 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.

NO ACTION - POSTPONED

ITEM 13 OTHER DEPARTMENTS

13.C) Approval of appointing board members to the Denton Central Appraisal District, and any appropriate action - County Judge. (Briefing 09-25-01)

Move to appoint Mary Horn by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0669

13.F) Approve the appointment of Joni Coker, to serve on the Denton County Child Protective Services Board - Commissioner Precinct #4.

Move to appoint Ms. Coker based on her passing the requirements of the CPS Board by Comm. White, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 01-0670

13.G) Approve appointment of Clarence D. "Dan" Hill to the Denton County Environmental Task Force.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0671

ITEM 14 LEGAL

14.C) Approval of the Grant Acceptance Notice for the Serious and Habitual Juvenile Prosecution Grant, SF-02-14607-03, for the Denton County Criminal District Attorney's Office. (Briefing 09-25-01)

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 2-1-0 (Mitchell nay)
Court Order 01-0672

14.E) Approval of Subscription Agreement and Order Form and the Limited Fixed Pricing Agreement for Government Market between Denton County, Texas, and Lexis Nexis. (Briefing 09-25-01)

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0673

14.F) Approval of (1) revisions to job description for job title: Counsel to the 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 on October 9, 2001 - Commissioner, Precinct #2.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 2-1-0 (White, nay)
Court Order 01-0674

14.G) Approval of the Amendment to the Agreement between Owner and Architect for Special Services between Denton County, Texas, and HLM Design USA, Inc.

Move to approve the Amendment for the second half of the Master Study Space Plan by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0675

ITEM 17 RECESS 10:30 AM

ITEM 18 RECONVENE 10:45 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 3-0-0

Court convened in Executive Session at 10:47 AM.
Court reconvened in Formal Session at 11:12 AM.

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

Move to substitute Comm. Carter for Judge Armey on Friday, October 5, 2001 for a Real Estate Closing of the Ellsberg property by Comm. White, second by Comm. Jacobs.
Motion Carried 3-0-0
Court Order 01-0676

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

NO ACTION

15.C) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss pending litigation regarding the Bogers v. Hatzenbuhler; in the 16th District Court, Denton County, Cause No. 2001-10592-16.

Move to approve the recommendation of the District Attorney, Civil Division, to assign this pending litigation to the Civil Division by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0677

15.D) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss pending litigation regarding Williams v. Denton County, et al.; in the U.S. District Court for the Eastern District of Texas, Sherman Division; Case no. 4:00cv330.

Move to approve the recommendation of the District Attorney, Civil Division, to assign this pending litigation to the Civil Division by Comm. Jacobs, second by Comm. White.
Motion Carried 3-0-0
Court Order 01-0678

ITEM 1 PUBLIC INPUT

Comm. Jacobs informed the court of another successful Economic Development Conference, with over 225 people in attendance, held by Representative Burt Solomons and herself. She presented gifts from the conference and announced another conference would be held next year, supported by contributions from corporations all over the county.

ITEM 19 ADJOURNMENT 11:15 AM

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

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