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 14, 1999

Be it remembered that Commissioners Court of Denton County, Texas met on this the 14th day December, 1999, with Judge Kirk Wilson presiding. Commissioners Scott Armey, Sandy Jacobs, Jim Carter and Jeff Krueger were present along with Deputy Clerk Kathleen Bransford when the following proceedings were had, to wit:

The Invocation was led by Pastor John Williams, Pastor of the New Testament Church of Jesus in Pilot Point, Texas, followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Christina Haywood, 4-H Ambassador from the Northwest High School, Denton County.

Pastor Williams: Our Father, as You look on us one more time, Lord, I sure thank You for blessing us, Lord, and placing us in our right mind. Lord, give us the mind, Lord, to do Your will. Leave everything right according to Your Word, Lord God. As You bless the Court today, Holy Father, look on all, Holy God, and let them keep You in their minds and our hearts, Holy God. And lead them, Holy Jesus, to the right way. Father, we know You are the one we must call on in all things. For without You, Lord, we are nothing. But with You, Lord, You make all things possible that things will come out right in Your name. Giving You the praise and glory, Lord, Holy God, at all times. Making things right in Your name. I'd ask You to bless the Court today, Holy God. Bless all this day. Bless them through the years to come. Help us this day, in Jesus' name we pray. Thank God. Amen.

ITEM 2 PUBLIC INPUT

Judge Wilson read a letter from Rider Scott, attorney for Denton County from Thompson, Coe, Cousins and Irons, regarding a hearing that was held in the 43rd District Court of Parker County, Texas. Honorable James O. Mullen, District Judge, found the Texas Validation Acts does, in fact, validate the true boundary line between Tarrant and Denton counties as surveyed and marked on the ground by the surveyor George White in December 1852 to January 1853. (Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. Page 2)
Bob Schell, Assistant District Attorney, Civil Division, Denton County, presented caps to Jack Wager, Kelly Zwinggi and Commissioner Armey as "payback" time for a "bet" made on the Big Twelve championship. (Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. Page 3)
Tye DeBerry, Denton County Economic Development Director, read into the record a resolution honoring the tenth anniversary of Alliance. Tony Cream, with Hillwood Development, received the resolution and thanked the court for their cooperation and support. (Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. Page 5)
Rebecca Parker, Agriculture Extension Service of Denton County, introduced the extension agents and Dennis Smith, Chairman of the Extension Program Council Board, who, in turn, introduced some of the members of that board. (Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. Page 9)
Constable Floyd, Precinct #2, brought the commissioners up-to-date on the License and Weights Division, and thanked Commissioner Krueger and Jack Wagner, Director of Centralized Road & Bridge, for their assistance in getting an unmarked road rage car patrolling the Denton County highways. (Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. Page 10)

ITEM 3 CONSENT AGENDA (Item 11.I pulled)

COUNTY AUDITOR

4.B) Approve (1) excess funds in the amount of $12,000 are available in the "1999 Road Bond Fund, Precinct One - Discretionary Funds" project; (2) excess funds are not needed to fund any of the projects
originally listed in the bond document; and (3) excess funds in the amount of $12,000 are reallocated to the new "Precinct One, City of Crossroads, Potter Road" project - County Judge. (Briefing 12-7-99)

4.C) Approve (1) excess funds in the amount of $50,000 are available in the "1999 Road Bond, FM 423 and the Wynnwood-Boyd Road" projects, respectively; (2) excess funds are not needed to fund any of the
projects originally listed in the bond documentation; and (3) excess funds in the total amount of $100,000 are to be allocated to the "Lebanon Road" project - County Judge. (Briefing 12-7-99)

PURCHASING

5.A) Approve award of bid for fleet vehicles, Bid #10-99-1253, to Philpott Ford, and any appropriate action - County Judge. (Briefing 12-7-99)

5. B) Approve request to purchase additional equipment for the Elections Department from the Carroll Building Bond Fund and any appropriate action - County Judge. (Briefing 12-7-99)

BUDGET

6.F) Approval of Budget Amendment Request #100360 for operating equipment for Centralized Road and Bridge in the amount of $26,445 - County Judge. (Briefing 12-7-99)

6.G) Approval of Budget Amendment Request #100370 for computers for Centralized Road and Bridge in the amount of $2,976 - County Judge. (Briefing 12-7-99)

6.H) Approval of Budget Amendment Request #100380 for contract labor for Human Resources in the amount of $6,500 - County Judge. (Briefing 12-7-99)

6.I) Approval of Budget Amendment Request #10390 for new instruments for Telephone Department in the amount $159 - County Judge. (Briefing 12-7-99)

6.J) Approval of Budget Amendment Request #100410 for Attorney Fees/Denton-Tarrant County Line for Non-Departmental in the amount of $366,621 - County Judge. (Briefing 12-7-99)

HUMAN RESOURCES

7..A) Approval of orders appointing New Employees. (The appointments for December 14, 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: Nashonta Butler,
Detention Officer/PT/Juvenile Detention; Gilbert Vasquez, Probation Officer, Juvenile Probation; Victor Rodriguez, Juvenile Detention Officer/Juvenile Detention; Wanda Shannon, Juvenile Corrections
Officer/Juvenile Post-Adjudication; Myshondi Barnett, Juvenile Detention Officer/Juvenile Detention; Judy Lynn Brown, Court Clerk, JP#3; Jennifer Jobe, Communications Officer/Communications; Dean
Gill, Deputy Sheriff/Sheriff; Kelly Krause, Detention Officer I/County Jail; Jason Spraybary, Detention Officer I/County Jail; Akeia Keith, Detention Officer I/County Jail; Katrie Johnson, Detention Officer
I/County Jail; John C. Miller, Detention Officer I/County Jail; Robert Dale Snyder, Mechanic/Welder/Centralized Road & Bridge; Melissa Henderson, Deputy Clerk/Civil/District Clerk; Evelyn Ibanez, Clerk/WIC Administrative; Jeff Inman, Deputy Sheriff/Shady Shores/Sheriff's Interlocal Cooperation Agreement; Connie Davidson, LVN/PT/Public Health; Shala S. Blackmon, Deputy Director
of Administration/County Judge.

COUNTY CLERK

8.A) Approve the minutes for September 7, 1999, formal session - County Judge. (Briefing 12-7-99)

8.B) Approve the minutes for September 14, 1999, formal session - County Judge. (Briefing 12-7-99)

8.C) Approve the minutes for September 21, 1999, formal session - County Judge. (Briefing 12-7-99)

8.D) Approve the minutes for September 28, 1999, formal session - County Judge. (Briefing 12-7-99)

8.E) Approve the minutes for October 5, 1999, formal session - County Judge. (Briefing 12-7-99)

8.F) Approve the minutes for October 12, 1999, formal session - County Judge. (Briefing 12-7-99)

NON-DEPARTMENTAL

10.B) Approve request from the Denton Family Resource Center to be included on the options for juror-pays donations - County Judge. (Briefing 12-7-99)

10.C) Approve the use of The 1896 Room each Tuesday from February 1, 2000, through March 7, 2000, inclusive, from 9:30 a.m. until 11:30 a.m., by the University of North Texas for a mini-course on
"Genealogy: Introduction to Your Past" - County Judge. (Briefing 12-7-99)

10.D) Approval of a luncheon gathering among the Denton County Commissioners Court members and the Denton County- Court-at-Law Judges, Tuesday, December 14, 1999, commencing at noon, at the
Texican Grill, 111 West Mulberry - County Judge. (Briefing 12-7-99)

LEGAL

11.B) Approval of Interlocal Cooperation Agreement for fire-protection services between Denton County and the Double Oak Volunteer Fire Department - County Judge. (Briefing 12-7-99)

11.C) Approval of Cooperative Purchasing Agreement between the Town of Double Oak and Denton County - County Judge. (Briefing 12-7-99)

11.D) Approval of Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility Services between Denton County and Hood County - County Judge. (Briefing 12-7-99)

11.E) Approval of Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility Services between Denton County and Hood County - County Judge. (Briefing 12-7-99)

11.F) Approval of authorizing Bucher, Willis & Ratliff to begin work on the "Additional Services" enumerated the Agreement between the County and Engineers, dated October 19, 1999 - County Judge. (Briefing 12-7-99)

11.G) Approval of Health Grant Contract with Texas Department of Health Services for HIV Prevention Services - County Judge. (Briefing 12-7-99)

11.H) Approval of the Contract between Denton County and Huber, Hunt & Nichols for construction of the Denton County Pre-Trail Center, Kitchen Expansion and Enforcement Center.

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0773

ITEM 4 COUNTY AUDITOR

4.A) Approval of Bill Report and Acceptance of the Auditor's Monthly Financial 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 the Bill Report by Comm. Krueger, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0774

ITEM 6 BUDGET

6.A) Budget Amendment Request #100400 for various line items for Information Services in the amount of $416 - County Judge.

Move to approve by Comm. Jacobs, seconded by Comm. Krueger.
Motion Carried 5-0-0
Court Order #99-0775

6.B) Approval of Budget Amendment Request #100490 for office furniture/equipment and office supplies for CHOS Museum Tourism/Preservation Grant in the amount of $6,644 - County Judge.

Move to approve by Judge Wilson, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0776

6.C) Approval of Budget Amendment Request #100441 for cars and small trucks for Sheriff's Department in the amount of $14,080 - County Judge.

Move to approve by Comm. Carter, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0777

6.D) Approval of Budget Amendment Request #100350 for surface-treatment aggregate for Centralized Road and Bridge in the amount of $20,000 - County Judge. (Briefing 12-7-99)

Move to approve by Comm. Krueger, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0778

6.E) Approval of Budget Amendment Request #100500 for office supplies for Information Services in the amount of $1,189 - County Judge.

Move to approve by Comm. Jacobs, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0779

ITEM 7 HUMAN RESOURCES

7.B) Approve five (5) equity adjustments in the Tax Assessor/Collector's Office - County Judge. (Briefing 12-7-99)

Move to approve an amended motion postponing the Tax Assessor's request until a study can be done post-haste to determine certain inequities that may exist throughout the pay structure by Comm. Carter, seconded by Comm. Jacobs.
Motion Failed 2-3-0 (Wilson, Armey & Krueger, nay)

Move to approve the Tax Assessor's request by Judge Wilson, seconded by Comm. Krueger. Motion Failed 2-3-0 (Jacobs, Carter & Armey nay)

7.C) Approve pay adjustment for the D.O. III/Medical and Detention Sergeant/Medical positions in Jail Health - County Judge.

Move to approve by Comm. Krueger, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0780

ITEM 10 NON-DEPARTMENTAL

10.E) Approve the recommendation of the Denton County director of facilities management for fourth-
floor renovations to the Denton County Courthouse - County Judge.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0781

ITEM 9 STANDING ITEMS

9.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 three (3) Potential Changes Orders: No. 91 for a new manhole, $6,387.00; No. 92, replacement glass, $830.00; No. 66, a deduct for $850.00 by Comm. Carter, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0782

9.A) (1) Move to approve the following Change Orders: (1) CBS Mechanical, Nos. 54, 67.1, 59, 67.2 & 75 for a total of $9,479.00; (2)Southwest Glass, No. 8 for $480.00; (3)Shaw Floor Covering, Nos. 67.2 and 74 for $251.00; (4)Taylor Electric, Nos. 8, 59, 67.2, 49 and 52 for $1,240.00; (5)J-Zac, Nos. 74 and 78 for $350.00 by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0783

9.A) (2) Move to approve Potential Change Order Nos. 11, 41,41, 80, 6, 31, 42, 62, 67.1, 8, 67.2 and 74 for a total amount of $23,650.00 by Comm. Jacobs, seconded by Comm. Armey.
Motion Carried 5-0-0
Court Order #99-0784

9.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

ITEM 10 NON-DEPARTMENTAL

10.A) Approve "Order Adopting Petition of Denton County Development District Number 5 and Setting a Public Hearing" - Commissioner, Precinct One.

Move to approve by Comm. Krueger, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0785

ITEM 11 LEGAL

11.I) Approval of (a) Denton County Commissioners Court Resolution and (b) Tax Abatement between Frito-Lay, Inc., Texas and Denton County, Texas - County Judge. (Briefing 12-7-99)

Move to approve by Comm. Jacobs, seconded by Comm. Krueger.
Motion Carried 4-0-1 (Carter abstains)
Court Order #99-0786

11.J) 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, Formal 12-7-99)

Move to approve by Comm. Armey, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0787

11.L) Approval of services agreement between Denton County and Court Appointed Special Advocates of Denton County - County Judge. (Formal 12-7-99)

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0788

ITEM 9 STANDING ITEMS

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

Dr. Burton, Director of Denton County Health Department, updated the court on the committee he chairs regarding the funding of human service organizations and introduced its members. Discussion of this item is included in Commissioners Court Transcripts attached to this set of minutes. (Page 69)

ITEM 7 HUMAN RESOURCES

7.D) Approve the revision of Policy #7.2 (Employment Selection Process), and the Order Making Appointment Form - Commissioners Court. (Formal 12-7-99)

Move to approve by Comm. Armey, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order #99-0789

ITEM 11 LEGAL

11.K) Approval of extending the current Denton County Tax Abatement Policy from 12-19-1999 through 12-19-2001 - County Judge. (Briefing 12-7-99)

Move to approve with an amendment that Commissioners Court revisit the policy at a future time for revisions by Comm. Krueger, seconded by Judge Wilson.
Motion Carried 5-0-0
Court Order #99-0790

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. Jacobs, 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.
NO ACTION ON ITEMS 12A THROUGH 12C

12.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A) Warren Wade Crump v. Fowler, et al., in the United States District Court for the Eastern District of Texas, Sherman Division, Case Number 4:99cv184 - County Judge.

Move to assign Wade Crump v. Fowler, et al. to the Civil Division of the District Attorney's office by Judge Wilson, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #99-0791

12.E) Deliberations regarding financial or commercial information from a business and deliberation of an offer of financial or other incentives to the business project, V.T.C.A. Government Code, Section 551.086 - County Judge.

ITEM 15 ADJOURNMENT 12:13 p.m.

Move to adjourn by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0

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