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.

November 13, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:02 on the 13th day of November, 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 Pastor La Verne W. Reed of the St. James AME Church of Denton and was followed by the Pledges of Allegiance to the American and Texas Flags led by Charles Emery of the Denton County Economic Commission.

Pastor Reed: Almighty and everlasting Creator, God, the Giver and the Sustainer of life, the Author and Finisher of our faith, Lord, we come acknowledging that You are the one who gives us grace and mercy. And for that, we say thank You. We come soliciting the comfort and the presence of Your Holy Spirit in this assembly today that whatever actions are taken, they will be for the betterment of all people. Believing that You are a God of love, we petition Your forgiveness for those things in our lives that are offensive to You. For this fellowship, we say thank You. For all blessings, we give You praise. We pray for this Commission and all our dedicated elected and appointed officials, administrators, managers and attorneys. Now, God, we seek Your guidance and discernment in all that they do. Whatever things are done, whatever things are said, let Your will be done here today. In Your name, we pray. Amen.

ITEM 1 PUBLIC INPUT

Beth Fleming, Director of Purchasing, announced the county auction would be the next day, November 14, 2001.

ITEM 2 CONSENT AGENDA

(The following items were pulled for separate vote and/or further discussion: 8.A and 13.H)

PURCHASING

6.A) Approval to declare thirty-one (31) APC UPS units as surplus and use as trade-in toward the purchase of new equipment and any appropriate action. (Briefing 11-06-01)

HEALTH

9.A) Approval of contract revision with the Texas Department of Health for HIV Prevention Services. (Briefing 11-06-01)

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 30, 2001.

OTHER DEPARTMENTS

13.B) Approval of Building Usage request by Michael Ellsberry for the use of the 1896 Room on December 8, 2001 and January 12, 2002, for the purpose of the Liberation Party of Denton County, 12:45 p.m. to 3:15 p.m. - Aide-to-the-Court. (Briefing 11-06-01)

13.C) Approval of the re-appointment of Ken Ingram to the Denton County MHMR Board of Trustees, term expiring December 31, 2003 - Commissioner, Precinct #4. (Briefing 11-06-01)

13.E) Approval of Friends of the Family to be an option for jurors to donate their jury pay - District Clerk. (Briefing 11-06-01)

13.G) Approval of acceptance of $10,000 from Business Leaders Council of Denton County for assistance with marketing materials - County Judge. (Briefing 11-06-01)

Move to approve the Consent Agenda with the exception of Items 8.A & 13.H by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstained)
Court Order 01-0745

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.)

Move to approve by Comm. White, second by Comm. Carter.
Motion Carried 2-1-2 (Mitchell nay and Jacobs & Armey abstain)
Court Order 01-0746

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #100160 to increase revenues and allocate expenditures for Auto Lease Payments for Sheriff Forfeiture Fund in the amount of $7,040 for recording purposes only.

Move to accept, for recording purposes only, by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0747

ITEM 8 HUMAN RESOURCES\

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.) Larry Ebert, Detention Officer I/County Jail; Stacy Holden, Bailiff/Sheriff; Dorothea Taylor,
Deputy Clerk/District Clerk; Shellie Briley, Deputy Clerk-Courts/County Clerk; Karen Turner, Misdemeanor Prosecutor II/Criminal District Attorney; Jason Lyon, Street & Map Coordinator/Elections Administration; Stephen Shrock, Juvenile Probation Officer/Juvenile Detention; Bianca Ingemi, Juvenile Probation Officer/Juvenile Post Adjudication; Wanda Shannon, Juvenile Detention Officer/Juvenile Detention; Socorro Aguilar, Juvenile Detention Officer/Juvenile Detention.

Move to approve Order Making Appointments with the exception of 8.A-7 by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0748

8.A-7) Move to approve Order Making Appointment for Cathy Allcorn, Planning Manager, County Planning by Comm. Mitchell, second by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order 01-0749

ITEM 13 OTHER DEPARTMENTS\

13.H) Approve any possible action regarding the assignment of Judge Sandra Chapman to the position of Magistrate for the Denton County Sheriff's Office/Jail as outlined in Option 1 or Option 2 - Commissioner, Precinct 1.

ACTION ON ITEM POSTPONED FOR NEXT MEETING

ITEM 17 RECESS 9:51 AM
ITEM 18 RECONVENE 2:30 PM

COMM. WHITE WAS NOT PRESENT FOR THE AFTERNOON MEETING

ITEM 8 HUMAN RESOURCES

8.B) Approve a change to definition of dependent in the Denton County Benefit Plan. (Formal 11-06-01)
Move to approve by Judge Armey, second by Comm. Carter.
Seconder withdrew motion after discussion

ACTION ON ITEM POSTPONED FOR NEXT MEETING

ITEM 10 PUBLIC WORKS

10.A) Approval of any action related to House Bill 1445 regarding Cities Extra-Territorial Jurisdiction.

Move to approve the parameters the court will use in determining the effect of HB 1445 upon the cities within Denton County: (1) cities will be divided between those with public works departments and those without (or those without the ability to support public works, even if they have a public works department); (2) duties be assigned to either the city or the county to improve efficiency and stop duplication of work; (3) that residents within an ETJ have an improved quality of life; and, (4) request input for all cities affected, by Judge Armey, second by Comm. Jacobs.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0750

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of standardized format for recording board attendance and development of a procedure for providing Commissioners Court members with the attendance information and minutes - Commissioner, Precinct #2. (Briefing 11-06-01)

13.A-1) Move to approve that all citizen committees are required to keep minutes and attendance logs plus requiring periodic reports from the staff committees and that a site be developed on the county's network system for the posting of the minutes and attendance logs by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0751

13.A-2) Move to discontinue the 2001 Redistricting Committee with a resolution and thank you letter from Commissioners Court going out to each member by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0752

13.D) Approval of Denton County Smoking Policy and any appropriate action - County Judge. (Briefing 11-06-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0753

13.F) Approval of amending Tax Abatement Policy to include a $1,000 application fee - County Judge. (Briefing 11-06-01)

Move to approve, as amended, by Comm. Carter, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0754

13.J) Approval of Commissioners Court Budget - Aide to the Court. (Briefing 11-06-01)

13.J-1) Move to approve the addition of Item 5 to the policy stating that Commissioners Court will specify an equal amount per court member - $1,000 - plus $500 for the Aide to Court's Office, if that amount is exceeded by a member, a budget amendment will be required to be
approved by the court by Judge Armey, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0755

13.J-2) Move to approve that the Training & Education line item in the Commissioners Court budget is the only place from which money can be allotted to each member of the court by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0756

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14.B) Approval of Permanent Right-of-Way Easement Agreement between Denton County, Texas and the University of North Texas for the Tom Cole Road Project.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0757

14.C) Approval of Corrected Court Order #01-0511, appointing members to the Indigent Defense Standardization Committee; approval of appointment of Indigent Defense Standardization Committee to
consider adoption of Standards for Criminal Indigent Defense, as adopted by the Texas State Bar Board of Directors; Members of the Committee: Bruce Isaacks, James Wells, Kevin Carr, Donna Stewart, Cynthia Mitchell, Sherri Adelstein, Robin Ramsay, Judge Lee Gabriel, Judge David Garcia, and Judge Scott Armey.

Move to approve with Judge L. Dee Shipman replacing Judge Lee Gabriel and Judge Sandra Chapman replacing Judge Robin Ramsay by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0
Court Order 01-0758

14.D) Approval of appropriate means and procedures by which to financially assist the Denton County Transportation Authority in developing a service plan and a proposed tax within the timelines prescribed by Texas Transportation Code Section 460.055 (b), designation of most qualified firm(s) for professional services, authorize negotiation of contract(s) with most qualified firm(s), approval of contract(s) and any appropriate action.

Move to approve the selection of BRW, a transportation planning, design and construction services firm, as most qualified company to develop the service plan for the Denton County Transportation Authority and the appointment of a four-member committee (John Polster, Beth Fleming, Bob Schell and Rider Scott) to negotiate the scope and cost of the contract with BRW, with any and all funds expended by the county to be repaid by the Transportation Authority by Comm. Jacobs, second by Judge Armey.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 01-0759

ITEM 16 ADDENDA

16.B) Approval of potential change order #2 in the amount of $3,280 for additional voice and data cabling at the Pre-Trail Facility.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-0-1 (Mitchell abstains)
Court Order 01-0760

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.

THE COURT DID NOT CONVENE IN EXECUTIVE SESSION THEREFORE THERE WAS NO ACTION ON THE FOLLOWING ITEMS:

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); Sanger 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.

16.A) EXECUTIVE SESSION-Consultation with Attorney: PENDING Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY TEXAS, V. PHILLIPS SWAGER & ASSOCIATES,
INC., HUBERT, HUNT & NICHOLS, INC., A/KA HUNT CONSTRUCTION GROUP, INC., and R.C. SMALL & ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas.

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Luther Joe Lee, individually and as Trustee of the Dorothy LaVerne Lee Testamentary Trust, Frankie Jo
Robbins, individually, as Trustee of the Jason Lee Robbins 1994 Irrevocable Trust, and as Trustee of the Jon Mark Robbins 1994 Irrevocable Trust, Jon Mark Robbins and Jason Lee Robbins v. Town of
Northlake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-362, pending in the 362nd District Court of Denton County, Texas.

Move to assign this Pending Litigation to the Civil Division of the Criminal District Attorney's Office by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0761

ITEM 19 ADJOURNMENT 3:37 PM

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

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