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.

December 7, 1999

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 7th day of December, 1999, with Judge Kirk Wilson presiding. Commissioners Sandy Jacobs, Jim Carter and Scott Armey were present along with Deputy Clerk Alvin Hudson when the following proceedings were had, to wit:

Court opened with an invocation by Hank Scheible, Denton County Veteran Service Officer, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Jimmie Cantrell, of the VFW 9168 in Lewisville, Texas.

Mr. Scheible: Let us pray. Most Gracious God, we come before You this morning on the anniversary of the bombing of Pearl Harbor asking that You would help us to remember those sacrifices that were made by those men in that war. Lord, we lift up this Court this morning and thank You for those who have gathered this morning to assist in this form of government. Lord, You have given us the freedom in this Country to make our own decisions and not be ruled over by others. We thank You that we have the power to vote for and against issues in our Country. We thank You for those who sacrificed to give us that freedom. Now, as this Court meets this morning, we ask that You would give them wisdom and understanding, that the decisions that they make might bring glory and honor to Your name. In Christ's name we pray. Amen.

ITEM 2 PUBLIC INPUT

Hank Scheible introduced Jimmie Cantrell who has been elected Commander of Veterans of Foreign Wars for the State of Texas, a member of VFW Post 9168 and a Denton County resident.
Mr. Cantrell who spoke to the court about the first one hundred years of Veterans Services.
Judge Wilson read to the court a Certificate of Achievement awarded to Denton County Auditor, James Wells, by the Government Finance Officers Association of the United States and Canada.

ITEM 3 CONSENT AGENDA

5.A) Approval of Payroll.

HUMAN RESOURCES

6.A) Approval of orders appointing New Employees. (The appointments for December 7, 1999, 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 were approved: Alice Hammett, Deputy Clerk/MV/Tax Assessor/Collector; Thomas Whitmire, Deputy Constable/Constable Pct.#6; Wynoth Renee Fischer, Senior Deputy Clerk/Criminal/District Clerk.

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0761

ITEM 4 COUNTY AUDITOR

4.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.)

CORRECTIONS:
Out of the General Fund, $349.77, should be $344.12, to Mary Horn, Tax Assessor/Collector.

DELETIONS:
Out of General Fund, $399.34, wrong amount to Progressive Concepts, Inc.;
Out of Indigent Care Fund, four invoices for $2,805.86, wrong amount.

ADDITIONS:
Out of the General Fund,
1. to Wolf Camera, $1,319.80, for camera equipment;
2. to Data Flex, $26,035.72, postage for the voter registration card mass mailout.
Out of Public Health to Health Care Professional Services, $7,760.00, for liability insurance;
Out of the Vehicle Inventory Tax Fund to Half-Price Frames, $450.00, for requisite posters in tax office.

Move to approve Bill Report by Comm. Armey, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0762

4.B) Approve an order authorizing the issuance of "DENTON COUNTY, TEXAS, TAX NOTES, SERIES 1999"; specifying the terms and features of said notes; levying a continuing direct annual ad valorem tax for the payment of said note; and resolving other matters incident and related to the issuance, sale, payment and delivery of said notes, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Contract and the approval and distribution of a Preliminary Official Statement and an Official Statement; and providing an effective date - County Judge.

4.C) Approve an order authorizing the issuance of "DENTON COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1999A"; specifying the terms and features of said certificates of obligation; levying a continuing direct annual ad valorem tax for the payment of said certificates; and resolving other matters incident and related to the issuance, sale, payment, and delivery of said certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of a Preliminary Official Statement, an Official Statement; and providing an effective date - County Judge.

PUBLIC INPUT

Mayor Stephen Wohr of Lake Dallas supports the Certificates of Obligation (CO's) because as more law enforcement is added, bigger jails must accommodate the increase in arrests.
Patsy Mizeur, President and Founder of the Flower Mound Voters for Conservative Spending, asked both Comm. Carter and Comm. Armey to vote no on the passage of the CO's and was critical of the court for not meeting at night when the public could attend the meetings.
Comm. Armey responded to Ms. Mizeur that he had been trying to speak to their group and will be available anytime to talk to them in the future.
Comm. Carter reminded her that he has never supported the CO's but continues to support the need for jail expansion.
Bob Dransfield explained that there are two separate actions: the CO's being for jail expansion and courthouse improvements, the tax notes provide for the radio towers and road improvements.
Gary Machek, Dain Rauscher Investment Services, explained each section of book entitled "Preliminary Official Statement".
Captain Bob Powell briefed the court on the scope of the project.
Ray Roberts wrote in the Public Input Form that he is against the issuance of CO's without voter approval.
Jim Dykes, Chairman of Trophy Club Precinct 400 of the Republican Party of Denton County, accused Comm. Armey of pursuing a hidden agenda which furthers his own goals at the expense of the voters of Denton County.
Billy Brasfield, Denton, questioned if the jail expansion was for prisoners from out-of-state, which he is against.
Mildred Hawk, Denton, stated again that the voters should be allowed to decide how to spend their tax money.
Ted Carthel, Denton, contended that the jail expansion is based on false premises: urgency, overcrowded (unless one counts the out-of state inmates), and the assumption that the voters want it whether they have a chance to vote or not.
Mark Coomes, Denton, suggested a compromise - that since commissioner precinct lines were just redrawn so that some people in the county did not have the opportunity to elect a commissioner, this issue should be reassessed and brought back before the court in January 2001.
Dick Tedrow, Denton, questioned Comm. Armey's statements that the Denton County inmate population had doubled since 1994, that CO's were created by the legislature for jail construction and the timeline set-up by the court over two years ago when jail expansion was first discussed.
Comm. Armey responded that the data on inmates included "paper ready" - those waiting to go to a state jail - and jail expansion was on the minds of many legislators because by Federal Court Order counties had to respond to the need for jail space.
Will Travis, Argyle, Texas, asked that the commissioners be accountable for their actions.
Georgia Head, Sanger, Texas, stressed the benefits of rehabilitation and ministry to the prisoners.
Tom Spencer, Shady Shores, wondered why the Sheriff's department could not provide the public with an accurate count on actual inmate numbers and their growth.
Bill Lewis, Public Policy Liaison with Mother's Against Drunk Driving, encouraged the court to do anything necessary to build jail space because DWI cases are increasing yearly.
Susan Beattce, Denton, enjoys working at the Denton County jail, sees no morale problem and encourages the creation of more jail space not only for the need, which is real, but also to keep our inmates here in the County and not be forced to ship them out-of-state.
Raymond Redmon, Denton, praised the court on their zero tolerance initiatives and vision of the future that has lead to a safer albeit burgeoning county.
Mark Glover, Flower Mound, gave his support to the court for this initiative to keep safety at the forefront.
Larry Partin, Argyle, reminded everyone that population growth can outrun services unless those services are expanded prior to the growth.
Douglas Sanders, Pilot Point, spoke in favor of jail expansion, and thanked the commissioners for making the hard decisions that voters expect of them.
Marco Martinez, President of the Denton County Law Enforcement Association, wants the jail expansion in order to maintain good morale and minimize the risks for the officers working there.
Jean Smith, Denton, stated the issue in not whether or not we need the jail but letting the voters decide the issue.
John Hoeffler, Corinth, also stated his opposition to the process, not the intent.
Carolyn Phillips, Chairperson of the Southeast Denton Neighborhood Association, reiterated her groups opposition to the jail expansion and its location.
Judge Wilson read off the names on the petition against the CO's.

Move to approve denial of Items 4B & 4C and instruct the Civil Attorney to prepare the necessary documents to have a bond issue on jail expansion with an amendment by Comm. Jacobs that the entire court supports the Sheriff and the jail expansion by Comm. Carter, seconded by Comm. Jacobs.
Motion Fails 2-3-0 (Wilson, Armey & Krueger, nay)

Move to approve Items 4B & 4C by Comm. Armey, seconded by Judge Wilson.
Motion Carried 3-2-0 (Carter & Jacobs, nay)
Court Order #99-0763

COURT RECESSED FOR LUNCH AT 12:26 P.M.
COURT RECONVENED AT 1:51 P.M.

ITEM 11 LEGAL

11.C) Approval of Interlocal Cooperation Agreement for fire-protection services between Denton County and the Aubrey Volunteer Fire Department - County Judge.

11.D) Approval of Interlocal Cooperation Agreement for fire-protection services between Denton County and the Trophy Club Municipal Utility District - County Judge.

11.E) Approval of Interlocal Cooperation Agreement for library services between Denton County and the Lake Cities Library - County Judge.

11.F) Approval of Interlocal Cooperation Agreement for library services between Denton County and the City of Krum - County Judge.

Move to approve Items 11C through 11F by Judge Wilson, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0764

11.B) Approval of A) Denton County Commissioners Court Resolution and B) Tax Abatement Agreement between The Realty Associates Fund V, L.P., and Denton County, Texas - County Judge. (Briefing 11-23-99)
ITEM PULLED TO BE REPOSTED

11.H) Approval of service agreement between Denton County and Metrocrest Social Service Center - County Judge.

11.I) Approval of service agreement between Denton County and Retired Senior Volunteer Program - County Judge.

11.K) Approval of service agreement between Denton County and Denton County's Advocacy Center - County Judge.

11.L) Approval of Cooperative Purchasing Agreement between the Northwest I.S.D. and Denton County - County Judge.

11.M) Approval of Cooperative Purchasing Agreement between the City of Justin and Denton County - County Judge.

11.N) Approval of Interlocal Cooperation Agreement for library services between Denton County and the City of Lewisville - County Judge.

11.O) Approval of Cooperative Purchasing Agreement between the City of Aubrey and Denton County - County Judge.

11.P) Approval of service agreement between Denton County and Friends of the Family - County Judge.

11.Q) Approval of service agreement between Denton County and Adult Day Care of North Texas, Inc. - County Judge.

11.R) Approval of Cooperative Purchasing Agreement between the City of Copper Canyon and Denton County - County Judge.

11.S) Approval of Criminal District Attorney's Supplement Grant Application to the VOCA-Child Victim Intervention Specialist - County Judge.

11.T) Approval of Criminal District Attorney's Supplement Grant Application for Family Violence Specialist - County Judge.

Move to approve Items 11H through 11T (with the exception of 11J) by Comm. Jacobs, seconded by Judge Wilson.
Motion Carried 5-0-0
Court Order #99-0765

11.J) Approval of service agreement between Denton County and Services Program for Aging Needs - County Judge.
ITEM PULLED TO BE REPOSTED

11G) Approval of service agreement between Denton County and Court Appointed Special Advocates of Denton County - County Judge.
ITEM PULLED TO BE REPOSTED

ITEM 10 STANDING ITEMS

10.C) Approval of any action regarding Denton County boards and committees - Commissioners Court.

Move to approve the reappointment of Ranell Davis to the Denton County Health Advisory Board by Comm. Jacobs, seconded by Comm. Krueger.
Motion Carried 5-0-0
Court Order #99-0766

10.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

10.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.
NO ACTION

ITEM 9 SHERIFF

9.B) Approval of specifications and authority to advertise for removal and abatement of abandoned concrete pipe containing asbestos, Bid #11-99-1266, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0767

9.A) Approval of Interlocal Cooperation Agreement for animal-control services with the Town of Double Oak - County Judge. (Formal 11-30-99)

Move to approve by Judge Wilson, seconded by Comm. Krueger.
Motion Carried 5-0-0
Court Order #99-0768

ITEM 7 ELECTIONS

7.A) Approval of any action regarding the canvassing of votes for the Local Option Election, Town of Bartonville for "the Legal Sale of Beer and Wine - Off Premise Consumption Only", conducted on December 4, 1999, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, Denton County - County Judge.

Move to approve the cumulative total of 65 votes in favor and 14 votes against by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0769

COURT CONVENED IN BRIEFING SESSION
COURT RECONVENED IN FORMAL SESSION

ITEM 12 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 Comm. Carter, seconded by Comm. Armey.
Motion Carried 5-0-0

COURT CONVENED IN EXECUTIVE SESSION
COURT RECONVENED IN FORMAL SESSION

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

12.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076 -Commissioners Court.

12.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.

12.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A) Robert A. Chick v. W.K. Baldridge, W.L. Rays, Howard Sublett, et al. and Sherri Adelstein, and John Willett, defendants et al. in the United States District Court, Western District, Austin, Texas, Cause Number A99CA173SS - County Judge
NO ACTION ON ITEMS 12A THROUGH 12D

ITEM 6 HUMAN RESOURCES

6.B) Approve the revision of Policy #7.2 (Employment Selection Process), and the Order Making Appointment Form - County Judge.

Move to approve the form and the policy as a final draft to be submitted to the departments for final input and questions from them and with one change in the policy- delete the word "requested" next to "Salary and Step" by Comm. Armey, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0770

6.C) Approve the Denton County Employee Handbook - County Judge.

Move to approve the handbook as amended by Comm. Carter, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0771

ITEM 8 INFORMATION SERVICES

8.A) Approval of Criminal Justice System policies: 1.2, 2.3, 4.2, 5.2, 5.3, 5.4, and Appendix B (Product Administrator List) - County Judge.

Move to approve by Comm. Jacobs, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0772

ITEM 15 ADJOURNMENT 4:16 P.M.

Move to adjourn by Comm. Krueger, seconded by Comm. Armey.
Motion Carried 5-0-0

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