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 2, 1999

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 2nd of November, 1999, with Judge Kirk Wilson presiding. Commissioners Jeff Krueger, Scott Armey and Jim Carter were present along with Deputy Clerk Kathleen Bransford when the following proceedings were had, to wit:

Court opened with an invocation by Hank Scheible, Chaplain of the American Legion Post No. 71 and the County Veterans Service Officer, followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Amy Phillips, County Human Resources Director.

Mr. Scheible: Let us pray. Most Gracious Heavenly Father, we come before You this morning asking You to make Your presence known here. You've said that where two or more are gathered, there You'll be also. Father, we ask that You would give us discerning hearts, wisdom in decisions, that You would give us purpose in our lives. We thank You for the freedom that we can meet together to determine the process of this County and ask that You would give every word that's spoken here today, purpose for Your kingdom. Father, we thank You for Your blessings and acknowledge Your Lordship, as well as Your salvation. Father, we praise You and lift You up and now ask that You would watch over these proceedings and guide every word that's said and done. In Christ's name we pray. Amen.

ITEM 2 PUBLIC INPUT

Mildred Hawk explained to the court that she had not resigned as Treasurer of the Denton County Historical Commission but that the commission changed the title to Secretary of the Budget and asked Ms. Hawk to resign as Treasurer.
Betty McBride, Deputy County Auditor, announced that the County Auditor, James Wells, had received the Jerry Ware Leadership Award for his outstanding service to the Texas Association of County Auditors where he served on their board for two years and was an officer for four years.
James Wells thanked everyone for their support and expressed what an extreme honor it was that he was presented with this particular award.
Merle McBee asked that her form be read openly regarding her opposition to jail expansion and unnecessary spending.
Jane Thacker wanted her position recorded regarding Item 13.C, that the Denton County Bar Association would like the opportunity next year to consider the proposal for the Alternative Dispute Resolution Services contract.

ITEM 3 RESOLUTIONS

3.A) Approval of resolutions recognizing recipients of the 1999 Award for Excellence in Recycling and any appropriate action - County Judge. (Briefing 10-26-99)

Move to approve three resolutions to The Colony's Lion Club for Small Business, to DI Laser Products in Lewisville for Industry/Manufacturing category and to the Denton County Special Education Coop in Sanger for a Government agency by Comm. Krueger, seconded by Judge Wilson.
Motion Carried 4-0-0
Court Order #99-0684

ITEM 4 CONSENT AGENDA (ITEMS 6D & 8A PULLED)

PURCHASING

6.B) Approval of specifications and authority to advertise for Fleet Vehicles, Bid #10-99-1253, and any appropriate action - County Judge. (Briefing 10-26-99)

6.C) Approval of specifications and authority to advertise for Juror Summons - Preparation Mailing Service, RFP #10-99-1254, and any appropriate action - County Judge. (Briefing 10-26-99)

BUDGET

7.B) Approval of Budget Amendment Request #100150 for salary assistants/benefits line items for 16th District Court in the amount of $6,070 - County Judge. (Briefing 10-26-99)

7.C) Approval of Budget Amendment Request #100160 for salary assistants/benefit line items for 158th District Court in the amount of $7,370 - County Judge. (Briefing 10-26-99)

7.D) Approval of Budget Amendment Request #100170 for salary assistants/benefit line items for 211th District Court in the amount of $8,625 - County Judge. (Briefing 10-26-99)

7.E) Approval of Budget Amendment Request #100180 for salary assistants/benefit line items for 362nd District Court in the amount of $8,625 - County Judge. (Briefing 10-26-99)

7.F) Approval of Budget Amendment Request #100190 for salary assistants/benefit line items for 367th District Court in the amount of $8,625 - County Judge. (Briefing 10-26-99)

7.G) Approval of Budget Amendment Request #100200 for salary assistants/benefit line items for 393rd District Court in the amount of $9,366 - County Judge. (Briefing 10-26-99)

7.H) Approval of Budget Amendment Request #100210 for salary assistants/benefit line items for District Court Administrator in the amount of $323 - County Judge. (Briefing 10-26-99)

COUNTY CLERK

9.A) Approve the minutes for March 2, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.B) Approve the minutes for March 9, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.C) Approve the minutes for March 16, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.D) Approve the minutes for March 23, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.E) Approve the minutes for March 30, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.F) Approve the minutes for April 6, 1999, Formal Session - County Judge. (Briefing 10-26-99)

9.G) Approve the minutes for April 13, 1999, Formal Session - County Judge. (Briefing 10-26-99)

NON-DEPARTMENTAL

12.D) Approve the use of the Commissioners Courtroom and Conference Room on the second Tuesday of each month from November 1999 to December 2000, inclusive, from 6:00 p.m. until 10:00 p.m., for the regular meetings of the Denton County Amateur Radio Association - County Judge. (Briefing 10-26-99)

12.E) Approve the request of Ms. Rhonda Gipson, 2281 Homeowners Association, for the use of the Carrollton Government Center's Community Room for a meeting on the 15th of November 1999, from 6:45 p.m. until 8:30 p.m. - County Judge. (Briefing 10-26-99)
12.F) Approve the casting of Denton County's 606 votes for the Denton Central Appraisal District (DCAD) Board of Directors in favor of DCAD Board Member Mary Horn - County Judge. (Briefing 10-
26-99)

12.G) Approve an order, concurring, pursuant to City of Denton Ordinance No. 95-016, with the closing of the four streets that face the Courthouse on the Square to all but pedestrian traffic on Thursday,
December 2, 1999, from 4:00 p.m. until 9:30 p.m., for the annual Denton Holiday Lighting Festival - County Judge. (Briefing 10-26-99)

LEGAL

13.B) Approval of a letter to Tarrant County Judge Tom Vandergriff and Parker County Judge Mark Riley, as required by the Agreement for the Tarrant-Parker-Denton County Medical Examiner's District, to give notice of Denton County's withdrawal from the Medical Examiner's District - County Judge. (Briefing 10-26-99)

13.C) Approval of Agreement for Alternative Dispute Resolution Services with the University of North Texas - County Judge. (Briefing 10-26-99)

13.D) Approve Addendum #3 to the Food Services Contract with Mid-States Services, Inc. - County Judge. (Briefing 10-19-99)

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0685

ITEM 5 COUNTY AUDITOR

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.)

DELETION
From TJPC, $200.00, incorrect amount.

ADDITIONS
From the General Fund, $200.00 to the County Clerk's Office to increase the Change fund,
From Juvenile Probation, $65.00 to Peggy Fox, reimbursement for GED Exam.

Move to approve Bill Report by Comm. Krueger, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0686

ITEM 6 PURCHASING

6.D) Appointment of Medical Examiner Services Committee and any appropriate action - County Judge. (Briefing 10-26-99)

Move to approve with the following additions: Bing Burton, Health Director; Medical Examiner, a Denton County Employee; and, Commissioner Carter as the representative for Commissioners Court by Comm. Armey, seconded by Comm. Krueger.
Motion Carried 4-0-0
Court Order #99-0687

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #100250 to increase revenues, and allocate expenditures
for salary assistants/benefits and various line items for CHOS Museum Tourism/Preservation Grant in the
amount of $33,522 - County Judge.

Move to approve by Comm. Armey, seconded by Comm. Krueger.
Motion Carried 4-0-0
Court Order #99-0688

ITEM 6 PURCHASING

6.A) Approval of the purchase of the software upgrades and workstations from Net Data as the State of Texas QISV Best Value and any appropriate action - County Judge.

Move to approve by Comm. Carter, seconded by Comm. Armey.
Motion Carried 3-1-0 (Krueger, nay)
Court Order #99-0689

ITEM 8 HUMAN RESOURCES

8.A) Approval of orders appointing New Employees. (The appointments for November 2, 1999, 1997, have been posted and advertised; and 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 restraints.) The following Orders have been approved: Larry O.
Partin, Disabled Parking Enforcement Deputy/Sheriff/Disabled Parking Enforcement; Earl Patton, Detention Officer II/County Jail; Scott Caster, Deputy Sheriff/Sheriff's Dept.; Haider Khan, Deputy Sheriff/Mental Health/Mental Health Unit; Elizabeth Alexander, Communications Officer
I/Sheriff/Communications; Marie Garibay, Clerk/Typist/Public Health Clinic; Jamie McKeathen, Deputy Clerk/Jury/Jury & Grand Jury; Manetta Toth, Senior Court Clerk/JP Pct. 6; Sheri Groves, Chief Court
Clerk,/JP Pct. 6; Brad Bailey, Budget Analyst/PT/Budget; Karrin Melissa Beebe, Admin. Asst./Constable Pct. 4; Lori Cole-Irby, Staff Asst./County Judge; Daryl Lee Coolen, Juvenile Detention Officer/Juvenile Detention; Joyce DeFazio, Juvenile Probation Officer/Juvenile Probation (TJPC).

Move to approve with the exception of 8A-3 by Comm. Armey, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order #99-0690

8.A) (3) Move to approve 8A-3 by Comm. Krueger, seconded by Judge Wilson.
Motion Failed 2-2-0 (Carter & Armey, nay)

8.A) (3) Move to approve 8A-3 at the step recommended by the Human Resource Dept. by Comm. Armey, seconded by Comm. Carter.
Motion Carried 3-1-0 (Judge Wilson, nay) Court Order #99-0691
Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. (Page 20)

8.B) Approve appropriate changes to the 1999-2000 holiday schedule and to Policy #3.7 (Holidays) - County Judge.

Move to approve Thursday, December 23rd as a holiday in addition to the standard holidays by Judge Wilson, seconded by Comm. Krueger.
Motion Carried 3-1-0 (Armey, nay)
Court Order #99-0692

ITEM 10 COUNTY PLANNING

10.A) Approval of Final Plat for Odom Addition, Lots 3 & 4, Block 1, Precinct One - County Judge.

Move to approve by Comm. Krueger, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0693

10.B) Approval of Final Plat for Odom Addition, Lot 5, Block 1, Precinct One - County Judge.

Move to approve by Comm. Krueger, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order #99-0694

10.C) Approve the Final Plat for Whispering Meadows, Lots 1 - 10, Precinct One - County Judge.

Move to approve by Comm. Krueger, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0695

ITEM 11 STANDING ITEMS

11.A) Approval of any appropriate action regarding project development, construction progress, and change orders to ongoing Denton County Projects: Sheriff's Office/Jail, Centralized Road & Bridge, Carroll Building, Denton County Courts Building, Denton County Annexes, and future Denton County Satellite Facilities - Commissioners Court.

Move to approve two Change Orders to Baker Drywall: Change Order #13 for $6,479.00 and CO #1 for $85,844.00; and to Taylor Electric, Change Order #1 for $655.00 by Comm. Carter, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0696

11.B) Approval of any appropriate action regarding ongoing, planned, and proposed county and state transportation projects; Denton County's Better Safer Roads Program; and any necessary action regarding
the modification of the Denton County Master Thoroughfare Plan - Commissioners Court.
NO ACTION

11.C) Approval of any action regarding Denton County boards and committees - Commissioners Court.
NO ACTION

11.D) Approval of any action regarding Denton County burn ban - Commissioners Court.
NO ACTION

ITEM 12 NON-DEPARTMENTAL

12.A) Approval of resolution urging that State Highway 114 be renamed in honor of Byron Nelson -
Commissioner, Precinct Four.

Move to approve by Comm. Carter, seconded by Comm. Armey.
Motion Carried 3-0-1 (Krueger abstains)
Court Order #99-0697

12.B) Approval of resolution - "Tie One on for Safety" - for Mothers Against Drunk Driving - Commissioner, precinct Three.

Move to approve by Comm. Armey, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order #99-0698

12.C) Approve the Interagency Agreement between Denton County and the North Central Texas Council of Governments (NCTCOG) authorizing the retention of a consultant to assist the present four-county ozone non-attainment area in identifying air-quality control strategies to be included in the State Implementation Plan (SIP) that the Texas Natural Conservation Commission is to submit to the Environmental Protection Agency (EPA) in spring 2000 - County Judge.

Move to approve by Comm. Carter, seconded by Comm. Krueger.
Motion Carried 3-1-0 (Armey, nay)
Court Order #99-0699

ITEM 13 LEGAL

13.E) Approval of recognition of Completion of Agreement for Property Exchange and Road Abandonment between Bright Farm Partnership and Denton County, Texas and approval of letter to Southwest Land Title Company to release Special Warranty Deed held in escrow - County Judge.

Move to approve by Comm. Armey, seconded by Comm. Krueger.
Motion Carried 4-0-0
Court Order #99-0700

COURT CONVENED IN BRIEFING SESSION
COURT RECONVENED IN FORMAL SESSION

ITEM 6 PURCHASING

6.C) Approval of specifications and authority to advertise for Juror Summons - Preparation Mailing Service, RFP #10-99-1254, and any appropriate action - County Judge. (Briefing 10-26-99)

Move to rescind Consent Vote for approval as recommended by the Purchasing Director by Judge Wilson, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0701

ITEM 14 EXECUTIVE SESSION

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 Judge Wilson, seconded by Comm. Krueger.
Motion Carried 4-0-0

COURT CONVENED IN EXECUTIVE SESSION
COURT RECONVENED IN FORMAL SESSION

14.A) Real Property: Texas Government Code, Section 551.072: Real Property - Commissioners Court.

Move to approve the appointment of Phillips & Hopkins as counsel to Commissioners Court by Judge Wilson, seconded by Comm. Krueger.
Motion Carried 4-0-0
Court Order #99-0702

14.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076 -Commissioners Court.
NO ACTION

14.C) Consultation with Attorney: Pending Litigation - Texas Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, pending in the District Court of Parker County, Texas 43rd Judicial District, Cause No. 44051 - Commissioners Court.
NO ACTION

14.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (A); Warren vs. Jay D. Shipp, Rachel a. Shipp, Ron Marchant, Sitting Justice of the Peace for Precinct Number
3, The Justice Court, Precinct 3, and Jerry Raburn Constable of Justice Precinct Number 3 in the 211th District Court of Denton County, Texas, Cause Number 99-30775-211 - County Judge.

Move to approve by Judge Wilson, seconded by Comm. Armey.
Motion Carried 4-0-0
Court Order #99-0703

ITEM 17 ADJOURNMENT 11:08 am

Move to adjourn by Comm. Armey, seconded by Comm. Krueger.
Motion Carried 4-0-0

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