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 23, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:06 AM on the 23rd day of October 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 John Polster, President of Innovative Transportation Solutions, Inc. and he then lead the court in the Pledges of Allegiance to the American and Texas Flags.

Mr. Polster: Father God, we lift up our hearts to You this morning, giving thanks for this day. We pray, also, Lord, that our hearts and minds will be tilted toward Your will and ask, Lord, that You will guide us and strengthen us where we may conduct ourselves in a manner worthy of the Gospel of Christ. In God's name, we pray. Amen.

ITEM 1 PUBLIC INPUT

Mildred Hawk requested the court to examine the monies being spent both now and for the future on the Bayless-Selby House.

ITEM 2 CONSENT AGENDA

(The following item was pulled from the Consent Agenda for further discussion and/or separate vote: 11.A)

AUDITOR/TREASURER

5.B) Approval of Payroll.

5.C) Approval of revisions to the Denton County Payroll Deduction Policy. (Briefing 10-16-01)

5.D) Approval of Application for Deputies for the Denton County Treasurer. (Briefing 10-16-01)

5.E) Approve (1) that a specific amount of excess funds totaling $100,000 in the form of unneeded funds from the Dallas North Tollway project in the 2000 Road Bond Funds, is available; (2) that the excess funds are not needed to fund any of the other existing specified projects; (3) that the City of Denton Loop 288-East Project as the project to which the excess funds in the amount of $100,000 are allocated; and (4)
that $200,000 from Precinct 1 Special Projects and $200,000 from Precinct 4 Special Projects is allocated to the Loop 288 East project. (Briefing 10-16-01)

5.F) Approve (1) that a specific amount of excess funds totaling $2,000,000 in the form of unneeded funds from the FM 544 Capacity project in the 2000 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 FM 544 Extension Project as the project to which the excess funds in the amount of $2,000,000 are allocated. (Briefing 10-16-01)

PURCHASING

6.A) Approval of selecting Halff Associates as the most qualified firm for Engineering Services to assist in the development of an Environmental Assessment for FM 2499 and authority to negotiate a contract, and any appropriate action. (Briefing 10-16-01)

6.B) Approval of specifications and authority to advertise RFP #09-01-1447, Voluntary Benefits, and appointment of Evaluation Committee, including Comm. Mitchell, and any appropriate action. (Briefing 10-16-01)

BUDGET

7.A) Approval of Budget Amendment Request #100030 for Radios and Radars for License & Weight in the amount of $2,745. (Briefing 10-16-01)

7.B) Approval of Budget Amendment Request #100040 for Visiting Judge Expense for Judiciary and Court Support including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency in the amount of $18,550. (Briefing 10-16-01)

7.C) Approval of Emergency Budget Amendment Request #100050 for Lawsuit Settlement for Non-Departmental in the amount of $100,000. (Briefing 10-16-01)

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.) Danny Sustaire, Family Violence Investigator/DA/Family Violence Expansion; Barron Stone, Deputy Sheriff/Transport/County Jail; Barbara Lintner, Deputy Clerk Courts/County Clerk.
PUBLIC WORKS
10.A) Approve Tuesday November 27, 2001 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lots 5 & 6, Block M, in the Castle Hills, Phase 1, Section B, Addition, Precinct 2. (Briefing 10-16-01)

10.C) Approve the Final Plat for the Laviana Addition, Phase 2, Precinct 4

10.D) Approve the Final Plat of the Telea Addtion, Phase 2, Precinct 4.

10.E) Approve the Final Plat of the Heritage Lantana Addition, Phase 1, Precinct 4.

10.F) Approve the Final Plat of the Ray Roberts Water Treatment Facility.

COUNTY CLERK

11.B) Approve the County Clerk's minutes from Commissioners Court - Public Hearing on the Denton County Transportation Authority - for October 15, 2001.

OTHER DEPARTMENTS

13.A) Approval of Building Usage Request by David L. Powell for use of the Commissioners Courtroom on Saturday, October 27, 2001, from 5:00 p.m. to 6:30 p.m. for the purpose of a wedding. (Briefing 10-16-01)

LEGAL

14.B) Approval of Continuation of the Multi-Year Grant with the Texas Department of Transportation Highway Safety Funding for the DWI Prosecution Unit Grant for the Denton County Criminal District Attorney's Office, Misc. Contract #581XXF5019/FY 2002 Charge # (02) 02-02-B1-DA. (Briefing 10-16-01)

14.C) Approval of renewal of Denton County Tax Assessor-Collector Substation between Denton County and Safeway d/b/a Tom Thumb. (Briefing 10-16-01)

14.D) Approval of Addendum #1 to Construction Agreement (for reconstruction of Bud Williams Road) between ARISTOCRAT FUND XX L.P. and Denton County, Texas. (Briefing 10-16-01)

Move to approve Consent Agenda by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 01-0706

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of presentation to Beth Fleming and the Purchasing Department concerning the Achievement of Excellence in Procurement Award.

3.B) Approval of presentation to James Wells and the Auditors office concerning the Certificate of Achievement plaque.

ITEM 4 PUBLIC HEARINGS

4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for revisions to the Planned Development for Lakeview Ranchettes, as requested by the Lakeview Ranchettes Homeowners Association and recommended by the Lake Ray Roberts Planning and Zoning Commission.

Move to Open Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0

No one spoke either for or against this item.

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

Move to approve amendment by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0707

4.B) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit as requested by Charles Pollack and Donna Clark, and recommended by the Lakeview Ranchettes Homeowners Association and the Lake Ray Roberts Planning and Zoning Commission.

Move to Open Public Hearing by Comm. Mitchell, second by Comm. White.
Motion Carried 5-0-0

No one spoke either for or against this item.

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

Move to approve amendment by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0708

4.C) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit as requested by Tina Koenig, and recommended by the Lakeview Ranchettes Homeowners Association and the Lake Ray Roberts Planning and Zoning Commission.

Move to Open Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0

No one spoke either for or against this item.

Move to Close Public Hearing by Comm. White, second by Comm. Carter.
Motion Carried 5-0-0

Move to approve amendment by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0709

4.D) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estates - 2 (R-2), as requested by Roy Brock, and recommended by the Lake Ray Roberts Planning and Zoning Commission.

Move to Open Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0

The following citizens spoke against this amendment: Lawrence L. Purcell and Russell Rowe, both from Pilot Point, Texas. The following citizens also opposed this item: G. Larry Wolfe, Bob Wharton and Marlene Rowe, all from Pilot Point, Texas.

Move to Close Public Hearing by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
No action on this item. This amendment will return to Lake Ray Roberts Planning & Zoning Commission.

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.)

ADDITIONS TO GENERAL -
To Jail, $2,368.61 to Bank One for Prisoner/MH Transport;
To Appropriations, $12,795.00 to the Justin City Library for FY 2001 Library Pledge;
To DA, $55.00 to Constable Mike Dupree for Service;
$55.00 to Constable Michael Gothard for Service.

ADDITION TO R&B, $34,542.00 TO Dallas Trailer & Equipment for Gooseneck Trailer.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 3-2-0 (Mitchell and Jacobs, nay)
Court Order 01-0710

ITEM 8 HUMAN RESOURCES

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.

8.B-1,2,4,5) Move to approve Item 1, Item 2 - Option D, Item 3 for children 14 and younger and Item 5 for newborns by Comm. Carter, second by Comm. White.
Motion Carried 4-1-0 (Armey nay)
Court Order 01-0711

8.B-3) Move to approve Option B of Item 3 with the premium for Employee plus Spouse being lowered from $124.00 to $93.50 by Comm. Carter, second by Comm. Jacobs.
Motion Failed 2-3-0 (Armey, White & Mitchell nay)

Move to approve Option A by Comm. White, second by Comm. Mitchell.
Motion Failed 2-3-0 (Armey, Jacobs & Carter nay)

Move to approve Option B as recommended by the Human Resource Department by Judge Armey, second by Comm. Jacobs.
Motion Failed 2-3-0 (Carter, White & Mitchell nay)

Move to approve Option B with the premium for Employee plus Spouse being lowered from $124.00 to $93.50 by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0712

8.C) Approve revision to the Assistant Road and Bridge Manager job description.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 01-0713

8.D) Approve granting authority to create temporary positions for temporary employees to replace regular employees called to long-term military duty as needed.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0714

ITEM 10 PUBLIC WORKS

10.B) Approve Tuesday November 27, 2001 at 9:10 a.m. as date and time to conduct a Public Hearing to
consider and approve the Replat of the Sonora Addtion, Phase 1, Precinct 4.

Move to approve by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0715

ITEM 11 COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court
Formal Agenda for October 9, 2001. (Briefing 10-16-01)

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 3-0-2 (White & Mitchell abstained)
Court Order 01-0716

ITEM 13 OTHER DEPARTMENTS

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

Move to approve the list of appointments by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0717

ITEM 16 ADDENDA

16.A) Approval of DellPlus Integration Services Agreement between Dell Marketing LP and Denton
County - Information Services.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0718

ITEM 17 RECESS 11:02 AM

ITEM 18 RECONVENE 11:45 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. Carter.
Motion Carried 5-0-0

Court convened in Executive Session at 11:47 AM
Court reconvened in Formal Session at 1:00 PM

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); Save Our Sanger v. Commissioners Court of Denton County, Cause No. 2000-50212-367, pending in the 367th Judicial District Court of Denton County, Texas.

15.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071(1)(A); LifeRe Insurance Company and LifeRe Administration, Inc.

NO ACTION ON ITEMS 15.A THROUGH D

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. White, second by Comm. Jacobs.
Motion Carried 4-0-0 (Armey was not present)

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