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 20, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:05 AM on this 20th 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 James Wells, Auditor for Denton County, and following were the Pledges of Allegiance to the American and Texas Flags led by Sgt. William Rogers, Assistant Commander of the Narcotics Task Force.

Mr. Wells: Dear Heavenly Father, we come to You with very thankful hearts at this time especially this week as we get to pause for remembrance. Help each of us to take the time to ponder all the wonderful blessings You've given us, the wonderful country, state and county that we live in, and the other blessings, both material and spiritual that You've given us. Guide each of us during these holidays. Keep us safely, if we travel. Bring each one back to their home. Guide the Court as it goes about the business of the County today. Give them wisdom in their deliberations. Help them to do Your will. In Christ's name, Amen.

PUBLIC INPUT

Peggy Fox, Director of the Denton County Juvenile Probation Services, introduced Jennifer Gigl to the court. She is the Coordinator of Special Services for the Denton County Juvenile Probation Department. She, along with her fellow juvenile probation officers, were commended for their department's recognition as the outstanding Adopt-a-Spot partner by the Keep Denton Beautiful organization for the second consecutive year. In addition, this group collected over 5,400 pounds of food for the Denton County Food Pantry.

Sgt. William Rogers pointed out to the court that the recent Dallas Morning News/Denton Record Chronicle article of November 18th, 2001 concerning the Federal Narcotics Task Force is not the same as the North Central Texas Narcotics Task Force.

ITEM 16 ADDENDA

16.A) Discussion of Sheriff Lucas request to approve a resolution supporting the submission for supplemental funding from the Office of the Governor-Criminal Justice Division Law Enforcement Program (formerly the Texas Narcotics Control Program) for the North Central Texas Narcotics Task Force-Sheriff's Office.

Move to approve resolution by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0762

ITEM 2 CONSENT AGENDA

(The following items were pulled from the Consent Agenda for further discussion and/or separate vote: 11.A, 13.D & 14.E)

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of specifications and the authority to advertise for Gas and Diesel, Bid #09-01-1450, and any appropriate action. (Briefing 11-13-01)

6.B) Approval of specifications and authority to advertise for Medical Supplies, Bid #10-01-1454, and any appropriate action. (Briefing 11-13-01)

BUDGET

7.A) Approval of Budget Amendment Request #100100 for Computers for County Clerk in the amount of $546. (Briefing 11-13-01)
7.B) Approval of Budget Amendment Request #100110 for Computers for 362nd District Court in the amount of $1,062. (Briefing 11-13-01)

7.E) Approval of Budget Amendment Request #100140 to increase revenues and allocate expenditures for Training/Education for Courthouse Museum in the amount of $450. (Briefing 11-13-01)

7.F) Approval of Budget Amendment Request #100150 to increase revenues and allocate expenditures for various line items for CHOS Museum Tourism Preservation Grant in the amount of $10,134. (Briefing 11-13-01)

7.G) Approval of Budget Amendment Request #100210 for Office Rental-Justice of the Peace, Precinct #4 for County Lease Facilities in the amount of $6,396.

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.) John Moore, Misdemeanor Prosecutor II/Criminal District Attorney; Brody Shanklin, Misdemeanor Prosecutor II-FV/DA-Family Violence Expansion Grant; Markel Norman, Deputy Constable-PT-NWISD, Constable, Pct. #4.

COUNTY CLERK

11.B) Approve the County Clerk's minutes from Commissioners Court Special Session, November 9, 2001: Canvassing of the November 6, 2001 State Constitutional Amendment Election and the Special
Election Senate District 30.

OTHER DEPARTMENTS

13.A) Approval of the grant application to the Meadows Foundation for funding of an Explosive Detector Program. (Briefing 11-13-01)

13.C) Acceptance of the Economic Development Commission's Strategic Plan-Economic Development. (Briefing 11-13-01)

LEGAL

14.C) Approval of the Interlocal Cooperation Agreement for Juvenile-Adjudication Facility between Denton County and McLennan County. (Briefing 11-13-01)

14.D) Approval of the Lease Agreement between Denton County and Joe Skiles Trust for DPS office in Sanger, Texas. (Briefing 11-13-01)

14.F) Approval of Amendment No. 2 to the Contract between Denton County, Texas and NTB Associates, Inc., for additional funding in the amount of $16,252.00, for a total contract amount of $137,067.00, for the US 377 Intersection Project. (Briefing 11-13-01)

Move to approve Consent Agenda with the exception of Items 11.A, 13.D & 14.E by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0763

ITEM 4 PUBLIC HEARINGS

4.A) Approve the Replat of Lots 6 & 7, Block 1, Henry Davis No. 1 Addition, Precinct 1.

Move to Open Public Hearing by Comm. White, second by Comm. Mitchell.
Motion Carried 4-0-0 (Jacobs absent for this vote)

No one spoke either for or against this replat.

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

Move to approve replat by Comm. White, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0764

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.)

ADDITIONS TO THE GENERAL FUND:

$1,584.65 to Mary Horn, Tax Assessor/Collector for Interest Refund;
Civil DA, $400.00 to the U.S. Postmaster for postage-CA;
Non-Dept., $100.00 to Kroger for employee lunch;
$ 32.00 to Sofio's Italian Grille to employee lunch;
$ 32.00 to Pier 455 for employee lunch;
$ 108.00 to Piggly Wiggly for employee lunch;
Misc., $761.41 to Progressive Concepts for services to JP#2, Constable #5, Game Warden
and Sheriff's Office/UAD Grant.

ADDITIONS TO:

Road & Bridge, $321.93 to Waukesha Pearce for parts and Shut-off cable;
TNCP, $1,026.23 to Progressive Concepts for Services.

Move to approve the Bill Report, as amended, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0765

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100120 Radios and Radars for Constable Precinct #3 including the transfer of $2,500 from Non-Departmental Unappropriated Contingency-Regular Contingency and $5,342 from Constable Precinct #3's budget for a total amount of $7,842. (Briefing 11-13-01)

Move to approve by Comm. Mitchell, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0766

7.D) Approval of Budget Amendment Request #100130 for Operating Supplies for County Extension including the transfer of funds from Non-Departmental Unappropriated Contingency in the amount of
$4,000. (Briefing 11-13-01)

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0767

ITEM 8 HUMAN RESOURCES

8.B) Approve a change to definition of dependent in the Denton County Benefit Plan. (Formal 11-06 & 13-01)
NO ACTION - Remove from the Agenda

ITEM 10 PUBLIC WORKS

10.A) Approve Tuesday, December 18, 2001 at 9:10 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 and Zoning Commission.

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0768

ITEM 11 COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 6, 2001.

Move to approve by Comm. Mitchell, second by Comm. White.
Motion Carried 3-0-2 (Jacobs & Carter abstained)
Court Order 01-0769

ITEM 13 OTHER DEPARTMENTS

13.B) 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. (Formal 11-03-01)

NO ACTION

13.E) Approve to call the Senate District 30 Runoff Election for Denton County, Texas on December 4, 2001; to designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the early voting site, that
early voting will begin November 26, 2001, that early voting will be conducted from November 26, 2001 through November 30, 2001; hours of early voting will be 8:00 a.m. to 5:00 p.m. November 26,27 & 28 and 7:00 AM to 7:00 PM November 29 & 30. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202 - Elections Department.

Move to approve by Judge Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0770

13.F) Approve to appoint Election Judges for the Senate District 30 Runoff Election for Denton County, Texas on December 4, 2001; to appoint Gary Truitt as the Early Voting and Central Count Judge, Ann
Podgorski, Alternate Judge and Sue-Beall Shaffer as member of the Central Counting Station for the December 4, 2001 Senate District 30 Runoff Election - Elections Department.

Move to approve by Judge Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0771

13.D) Approval of the selection of an engineering firm as the most qualified for the Loop 288 East Partnership Project with the City of Denton and the Texas Department of Transportation. (Briefing 11-13-
01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0772

ITEM 14 LEGAL

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

NO ACTION

14.B) Approval of amendment to the Chapter 381 Agreement between Denton County, Texas; LCS Land Partners II, Ltd., a Texas limited partnership; and Metro DFW No. 10, L.P., a Texas limited
partnership to correctly reflect names of the entities with ownership interest as follows: Chapter 381 Agreement between Denton County, Texas; LCS land Partners II, Ltd., a Texas limited partnership; and
Hillwood Metro No. 10, L.P., a Texas limited partnership. (Briefing 11-13-01)

Move to approve by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 4-0-1 (White abstained)
Court Order 01-0773

14.E) Approval of the Lease Agreement between Denton County and the Harold A. O'Neil Company for Constable Precinct 4 office space in Roanoke, Texas. (Briefing 11-13-01)

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0774

14.G) Approval of (1) Master Lease-Purchase Agreement, (2) Lease Schedule No. 100111834, Texas Lease Schedule Addendum, Schedule A-1 and Payment Schedule, (3) Vehicle Schedule Addendum, (4)
Escrow Agreement, Escrow Schedule Funding Addendum and Arbitrage Certificate, and One Group Authorization From, (5) Resolutions and Certificate of Incumbency, (6) Opinion of Counsel, (7) IRS From
8038-G and (8) Insurance Disclosure and Insurance Information for the financing of vehicles, between  Banc One Leasing Corporation and Denton County, Texas.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-1 (Mitchell abstained)
Court Order 01-0775

ITEM 17 RECESS 10:05 AM
ITEM 18 RECONVENE 10:50 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. Jacobs.
Motion Carried 5-0-0

Court reconvened in Formal Session at 11:30 AM with Comm. Carter absent.

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.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,B & D

15.C) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A)-(B); 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, and consideration and adoption of settlement agreement and any appropriate action.

Move to approve the terms of the settlement of the claims brought in litigation by SOS Save Our Sanger, Inc. and the individual Plaintiffs in the 367th Judicial District Court of Denton County, authorizing the presiding County Judge to accept the Compromise Settlement Agreement, authorizing outside counsel to draft an Order of Dismissal and to file the same with the Court to resolve and dismiss this case with prejudice by Judge Armey, second by Comm. Mitchell.
Motion Carried 2-1-1 (Jacob nay and White abstained)
Court Order 01-0776

ITEM 19 ADJOURNMENT (11:33 AM)

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

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