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 30, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:08 AM on the 30th 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 Bill Black of the McKinney Street Baptist Church, Denton, Texas, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Georgia Caraway, Director of the Courthouse on the Square Museum.

Pastor Black: Father, thank You for today and the privilege it is to serve You in it. God, I thank You for these public servants. And, God, I ask that today that You would guide them in their decisions and their choices today, Father. Thank You for how they serve our County and our Community, God. And bless them, give them wisdom. Guide their paths, Father. We thank You, as a Community, God, and today as people, as people of America, we lift up our country and our country leaders, God, and for what goes on around the world and the things that we face today as a nation. God, I ask that You would bless America. Bless these proceedings, God. And we ask these things in the precious and Holy name of Your son, our savior, Jesus Christ. Amen.

ITEM 1 PUBLIC INPUT

Carmen Rivera-Worley, Assistant District Attorney, Civil Division, introduced to the court John Feldt, Denton County's new Public Information Officer.

Comm. White introduced David Klevin to the court, President of Animal Edutainment, to speak about the control of wild animals in the county.

Jimmie Van, President of the Fire Instructor's Association, awarded Sandy Jacobs the title of Honorary Denton County Fireman and presented her with a plaque and a fireman's helmet.

ITEM 2 CONSENT AGENDA

(The following items were pulled from the Consent Agenda for further discussion and/or separate vote: 13. A and 13.B.)

PURCHASING

6.A) Approval to declare miscellaneous vehicles, furniture and equipment surplus, and to place items in the City of Denton Auction scheduled for November 14, 2001, authority to advertise, and any appropriate action. (Briefing 10-23-01)

6.B) Approval of specifications and the authority to advertise for Printing, Bid #09-01-1448, and any appropriate action. (Briefing 10-23-01)

BUDGET

7.A) Approval of Budget Amendment Request #100060 for Computer Supplies for Justice Information System in the amount of $16,410. (Briefing 10-23-01)

7.B) Approval of Budget Amendment Request #100070 for Radios and Radars and Operating Supplies for Constable, Precinct #6 in the amount of $3,554. (Briefing 10-23-01)

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.) Carol Julia Kovacs, Misdemeanor Proscecutor II/Criminal District Attorney; Linda Puckett, Felony Intake Attorney P-T/Criminal District Attorney; Violeta Magana, Office Support Specialist II/Immunization Grant; Anthony Ryan Bowland, Detention Officer I/County Jail; Donald Jones, Corporal-Investigator-Narcotics/Task Force Grant.

8.B) Approve revisions to the Street and Map Coordinator position-Elections Administration. (Briefing 10-23-01)

8.C) Approve revision to Policy #5.1-Anti-Harassment. (Briefing 10-23-01)

8.E) Approve adding Dive Team Members to Incentive Pay. (Briefing 10-23-01)

8.F) Approve revision to Policy #3.7-Holidays. (Briefing 10-23-01)

8.G) Approve an adjustment of COBRA premiums effective January 1, 2002. (Briefing 10-23-01)

PUBLIC WORKS

10.B) Approve the Final Plat for the Little Elm Retail Addition, Precinct 1.

10.C) Approve the Final Plat for the Lantana School Addition, Precinct 4.

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 16, 2001.

OTHER DEPARTMENTS

13.D) Approve the appointment of Christopher Don Bennett to the Denton County Historical Commission - Denton County Historical Commission. (Briefing 10-23-01)

13.E) Approve the appointment of Chris Cox to the Denton County Historical Commission - Denton County Historical Commission. (Briefing 10-23-01)

13.F) Approve the appointment of Amy Battagler to the Denton County Historical Commission - Denton County Historical Commission. (Briefing 10-23-01)

13.G) Approve the appointment of Michelle Irving to the Denton County Historical Commission - Denton County Historical Commission. (Briefing 10-23-01)

13.H) Approve the appointment of Carrie Gandy to the Denton County Historical Commission - Denton County Historical Commission. (Briefing 10-23-01)

LEGAL

14.B) Approval of Donation Deed and Temporary Construction Easement between Denton County, Texas and Rockhaven Church. (Briefing 10-23-01)

14.C) Approval of Amendment No. 1 to the License Agreement No. DACW63-3-01-522 for the widening of Litsey Road between Denton County, Texas and U.S. Department of the Armey, Corps of Engineers. (Briefing 10-23-01)

Move to approve Consent Agenda with the exception of Items 13.A & 13.B by Comm.
Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0719

ITEM 5 AUDITOR/TREASURER

5-1) 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.)

CORRECTIONS TO GENERAL - taking credit for Freight Charges -
Sheriff's Office, $144.00 to IMS Computers, re-issue for $129.00;
$566.00 to IMS Computers, re-issue for $516.00;

Sheriff's Office, $657.04 to CDW Government, Inc., re-issue for $620.00;
$94.22 to CDW Gov., Inc., re-issue for $89.00
$961.92 to CDW, re-issue for $930.00;
$474.46 to CDW, re-issue for $440.00;
$ 29.77 to CDW, re-issue for $29.50;
$737.83 to CDW, re-issue for $660.00;
$158.97 to CDW, re-issue for $125.00.

ADDITIONS -
To General, DA, $55.00 to Constable Michael Gothard for Juvenile Summons;
To Juvenile, $3,250.00 to Garden Ridge at Valley Co. for November Juv. Prob. Rental;
To Public Health, $6,200.50 to AMD Telemedicine, Inc. for Stethoscope.

Move to approve the Bill Report, as amended, holding Item 3050, a Bob Barker Company item, for further clarification by Comm. Carter, second by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order 01-0720

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100080 for Salary Assistants/Benefits for Juvenile Detention including the transfer of funds from Non-Departmental Unappropriated Contingency - Regular Contingency in the amount of $224,156, or Approval of Emergency Budget Amendment Request #100090 for Salary Assistants/Benefits line items for Juvenile Detention including the transfer of funds from
General Fund-Fund Balance in the amount of $224,156.

Move to approve Budget Amendment Request #100090 fpr Salary Assistants/Benefits Line Items for Juvenile Detention including the transfer of funds from General Fund-Fund Balance in the amount of $160,113 by Comm. Jacobs, second by Comm. Mitchell.
For motion and vote, see next item as both items were voted on jointly.

ITEM 8 HUMAN RESOURCES

8.H) Approve seven additional detention officers for Juvenile Detention.

Move to approve five additional detention officers for Juvenile Detention by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-1-0 (Carter nay)
Court Order 01-0721

8.D) Approve revision to Policy #8.1-Reimbursement of Travel/Conference Expenses. (Briefing 10-23-01)
Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (White & Mitchell nay)
Court Order 01-0722

ITEM 10 PUBLIC WORKS

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

Move to accept for RECORDING PURPOSES ONLY by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0723

ITEM 5 AUDITOR/TREASURER

5-2) 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.)

Move to approve Item 3050 in the Bill Report, Bob Barker Company - for the purchase of shower curtains for detention use - by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0724

ITEM 10 PUBLIC WORKS

10.D) Approve Tuesday November 27, 2001 at 9:15 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 Lake Ray Roberts Planning and Zoning Commission and Mr. Baxton Lynch.

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0725

10.E) Approval of alternative personnel projection models and any other appropriate action to proceed with Phase II of the Master Plan.

Move to approve the recommendation of the consultant - that the court use the average of models one through five, projecting population of 2607 in the year 2020 - with a review annually and modifications to be approved by Commissioners Court by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0726

ITEM 12 SHERIFF

12.A) Approve Potential Change Order #111 to provide $29,806.00 additional funding to the Detention Trade Contract for Willo Products Company, Inc. to provide and install additional controls in the Pretrial Center.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 01-0727

12.B) Approve Potential Change Order #129 to provide $117,665.00 additional funding to the Electrical Trade Contract for Boggs Electric Company, Inc. to provide and install CCTV and Card Reader Systems in the Pretrial Center.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (Mitchell & White nay)
Court Order 01-0728

ITEM 13 OTHER DEPARTMENTS

13.A) Approve the re-appointment of Mary Horn, Weldon Lucas and Bobbie J. Mitchell to the Denton County Civil Service Commission, and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-1 (Mitchell abstained)
Court Order 01-0729

13.B) Approve Resolution supporting Proposition 7 - Veterans Service. (Briefing 10-23-01)

Move to approve resolution based on House Bill 310 and Senate Joint Resolution 82 by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0730

13.C) Approval of Resolution in support of a Federal Intergovernmental Relations Program by the Conference of Urban Counties - County Judge. (Briefing 10-23-01)

NO ACTION

ITEM 16 ADDENDA

16.A) Approval of purchase of IBM system upgrades from Net Data as the State of Texas QISV Best
Value, and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0731

16.B) Approval of Real Estate Contract between Denton County, Texas and Selma Attaya Hodges Smith
and Sadie Attaya Rapp, sisters - Civil DA.

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0732

16.C) Approval of Real Estate Contract between Denton County, Texas and James S. and Nina Attaya, husband and wife - Civil DA.

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0733

ITEM 17 RECESS 10:46 AM

ITEM 18 RECONVENE 11:50 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. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0 (Jacobs not present for vote)

Court Convened in Executive Session at 11:52 am
Court Reconvened in Formal Session at 12:26 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 pursuant to Section 551.071(1)(A), Government Code; Discuss pending Litigation regarding the Johnson v. Denton County; 362nd Judicial District Court; Cause no. 96-50300-367.

15.E) 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 & E

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

Move to authorize Purchasing Department to contract with Don Gray for consulting
services to assist in mitigating current issues with LifeRe to be paid from the Health Insurance Fund by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0734

ITEM 19 ADJOURNMENT 12:28 PM

Move to adjourn 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 Mitchell.