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 16, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:10 AM on the 16th day of October 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 Ruth Irwin, Missionary and President Founder of Enhancing Life Ministries in Denton, Texas and was followed by the Pledges of Allegiance to the American and Texas Flags led by Olive Stephens, Mayor of Shady Shores, Texas.

Pastor Irwin: We come in Your presence today and we ask that You reside over this meeting. We thank You for sparing Denton as one of the places that was supposed to be hit. And God we thank You that Denton is a City that believes in You, who puts You first ahead of their business meetings or anything they are doing. Today we pray they will always continue to do so. May the decisions that are made today be Your decisions and those in which we glorify God. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

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

AUDITOR/TREASURER

5.B) Approve (1) that a specific amount of excess funds totaling $900 in the form of unneeded funds form the Krugerville Road project in the 1999 Road Bond Fund, is available; (2) that the excess funds are not needed to fund any of the other existing specified projects; and (3) then identifying the Precinct 1 - Special Projects account as the project to which the excess funds in the amount of $900 are allocated. (Briefing 10-02-01)

HUMAN RESOURCES

8.B) Approve a permanent downgrade of an Assistant Supervisor/Tax/MV position (slot 034-TA, grade 22 to a Deputy Clerk/MV position, grade 14 - Tax Assessor/Collector. (Briefing 10-02-01)

HEALTH

9.A) Approval of acceptance of an examination table being donated by Doctor William McCormick and Doctor Mark Ginnings. (Briefing 10-02-01)
9.B) Approval to sign agreement with Denton Housing Authority for dental clinic space. (Briefing 10-02-01)

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 2, 2001.

11.B) Approve the County Clerk's minutes from Commissioners Court Formal, Executive Session for October 5, 2001.

OTHER DEPARTMENTS

13.A) Approve Building Usage Request by Sharon Leake for Grace Temple Baptist Church for the purpose of Christmas on the Square-Music, Sunday, December 9, 2001, 4:00 p.m. to 8:00 p.m. on the Courthouse on the Square Lawn and in case of inclement weather the Commissioners Courtroom - County Judge. (Briefing 10-02-01)

13.B) Approval of Building Usage Request by Aids Services of North Texas for the following purpose, World Aids Day Candle Light Vigil to be held on the Courthouse on the Square Lawn, Saturday December 1, 2001, 5:30 p.m. to 8:30 p.m. - County Judge. (Briefing 10-02-01)

13.C) Approval of Upper Trinity Regional Water District's proposal to pay the County $20,000 in lieu of repairing Shady Shores Road again given County's plan to resurface Shady Shores Road, and any appropriate action - County Judge. (Briefing 10-02-01)

LEGAL

14.B) Approval of the Tarrant-Parker-Denton County Medical Examiner's District Agreement. (Briefing 10-02-01)

14.C) Approval of Depository Contract with attachment of county Depository Pledge Contract between Denton County and First State Bank and any appropriate action. (Briefing 10-02-01)

14.D) Approval of renewal Agreement for Denton County Tax Assessor-Collector Substation Contract between Denton County and Minyard Food Stores. (Briefing 10-02-01)

14.E) Approval of Physician Service Agreement between Denton County, Texas and Cook Children's Health Plan. (Briefing 10-02-01)

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 01-0691

ITEM 5 AUDITOR/TREASURER

5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS -

From General, $17,891.80 to the City of Denton Utilities for adjusted bill issued by City;
$ 325.00 to Keith Kozura, paid from incorrect year;
From Juvenile, $697.31 to Kristi Shappee, paid from incorrect year;
From Public Health, $1,400.00 to Staff Exchange, incorrect vendor;
From WIC, $87.38 to Boise Cascade, hold for credit invoice.

ADDITIONS TO GENERAL FUND -

Non-Dept., $195.00 to First State Bank for Ck. Chrg/HR/Picnic Awards;
$12,348.95 to Canyon Lake Ranch for County Picnic;
$700.00 to Ron Miller Pro. Entertainment for Picnic/Entertainment;
DA, $147.84 to Paul McIntire for mileage/witness;

Move to approve Bill Report, as amended, by Comm. White, second by Comm. Carter.
Motion Carried 3-1-0 (Armey nay)
Court Order 01-0692

ITEM 6 PURCHASING

6.A) Approval to declare miscellaneous telephone equipment as surplus and the trade-in toward the purchase of Cisco Telephone Equipment, and the rejection of all bids for Cisco Telephone Equipment, Bid #09-01-1451, and the purchase of telephone equipment from the State of Texas throught the TEX AN 2000 program, for $694,096.16 (includes trade-in credit), and any appropriate action. (Briefing 10-02-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0693

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.) Janet Havens, Financial Administrator/Tax Assessor/Collector; Pamela Payne, Court Reporter/CCC#1; Mike Riley, Foreman/Centralized Road & Bridge; Phoebe Fireall, Communications Officer/Communications; Jodi Robinson, Detention Officer I/County Jail.

Move to approve with the exception of 8.A-5 by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0694

8.C) Approve changes to the job description and ranking for the Planning Manager in the County Planning Division of the Public Works Department. (Briefing 10-02-01)

Move to approve by Comm. Mitchell, second by Comm. White.
Motion Carried 3-0-1 (Carter abstained)
Court Order 01-0695

ITEM 10 PUBLIC WORKS

10.A) Approve Tuesday November 20, 2001 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve the Replat of Lots 6 & 7, Block 1, in the Henry Davis No. 1 Addition, Precinct 1.

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0696

10.B) Approval of any action related to House Bill 1445 regarding Cities Extra Territorial Jurisdiction and the effects on Denton County.

NO ACTION

ITEM 12 SHERIFF

12.A) Approval of the acceptance of a grant from the Office of the Governor Criminal Justice Division for the amount of $151,412 which does not require a local cash match, to fund the Greenbelt/Public Safety Unit. (Formal & Briefing 10-09-01)

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 3-1-0 (White nay)
Court Order 01-0697

ITEM 13 OTHER DEPARTMENTS

13.E) Approval of 2000-2001 Interlocal Cooperation Agreement for Library Services with the City of Justin - Commissioner, Precinct 4.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0698

13.F) Approval of appointment of Election Judges for the November 6, 2001 State Constitutional Election - Elections Administration.

Move to approve by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0699

13.D) Approval of Sheriff and Constable's Notice of Fees effective January 1, 2002 - Aide-to-the Court. (Briefing 10-02-01)

Move to approve by Comm. Mitchell, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0700

ITEM 14 LEGAL

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

NO ACTION

14.F) Approve the Interlocal Cooperation Agreement between the City of Carrollton and Denton County, Texas - Commissioner Precinct #2. (Formal & Briefing 10-09-01)

Move to NOT approve by Comm. Mitchell, second by Comm. White.
Motion Carried 2-1-1 (Armey nay and Carter abstained)
Court Order 01-0701

14.G) Approval of Resolution and Tax Abatement Agreement between Denton County, Texas, and Columbia Medical Center of Lewisville duly acting herein by and through its Chief Executive Officer and together with its successors and assigns. (Briefing 10-09-01)

Move to approve by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0702

14.H) Approval of the Service Agreement between the Boys & Girls Club of Denton County and Denton County.

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0703

ITEM 16 ADDENDA

16.B) Approval of Resolution designating the creation of the Denton County Transportation Authority and appointment of board members to the interim executive committee and any appropriate action - County Judge.

16.B-1) Move to approve Resolution designating the creation of the Denton County Transportation Authority by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0704

16.B-2) Move to appoint the following as board members to the interim executive committee: Scott Armey, Charles Correll and Rick Salazar by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0705

ITEM 17 RECESS 10:45 AM

ITEM 18 RECONVENE 11:00 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. White, second by Comm. Mitchell.
Motion Carried 4-0-0

Convened in Executive Session at 11:03 AM
Reconvened in Formal Session at 11:15 AM

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

15.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); ATC Associates, Inc., (formerly ATEC Associates, Inc.), David Baldwin, Inc., Landscaping, CCRD Partners Professional & Consulting Engineers, Phillips Swager & Associates, Thornton-Tomasetti Engineers (formerly Ellisor & Tanner, Inc.), JRJ Paving, Inc., Landscape Design & Construction, Hunt Construction Group (formerly Huber Hunt & Nichols), Pacheco Koch, and R.C. Small & Associates regarding the Denton County Courts Building.

NO ACTION ON ITEMS 15.A,B,C & D

ITEM 19 ADJOURN 11:16 AM

Move to adjourn by Comm. White, second by Comm. Carter.
Motion Carried 4-0-0

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