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.

February 1, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 1st day of February, 2000, with Judge Kirk Wilson presiding. Commissioners Scott Armey, Jim Carter, Jeff Krueger and Sandy Jacobs were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with the Pledges of Allegiance to the American Flag and the Texas Flag led by Denton County Fire Marshall, John Gardner. Denton County Auditor, James Wells, gave the Invocation.

James Wells: Pray with me. Dear Lord, we come today thanking You for blessings You have given this county, state and this country, and thanking You as citizens for the privilege of living in such a wonderful environment. We'd ask You to watch over and guide the members of the Commissioners Court today. Help them to do Your will and to give them guidance in making wise decisions to the betterment of our county. And, help us all to be mindful that all of us in government serve at Your pleasure, and that our government is an institution ordained by You. And, finally, we ask forgiveness of our sins and protection as we go about the next week. In Christ's name, Amen.

ITEM 2 PUBLIC INPUT

ITEM 3 PUBLIC HEARING

3.A) Approve the creation of Denton County Development District #5 - Commissioners Court.

Commissioner Jeff Krueger introduced Mr. Frank Van Court of Leonard, Hurt, Frost & Lilly, representing the developers, who then presented the petition to the court for the creation of CDD #5.
Bernetta Henville-Shannon, former council member of the City of The Colony, and Richard Kuether of The Colony asked questions about the CDD regarding population count, taxation and liability issues to the city and county.

Move to approve the continuance of the Public Hearing, due to the need of further documentation requested by the City of The Colony, to approve the creation of Denton County Development District No. Five until June 6, 2000, at 9:00 am, by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0052

ITEM 4 CONSENT AGENDA

TREASURER

6.A) Approval of Payroll.

PURCHASING

7.A) Approval of selecting HLM Design as the most qualified firm for Architectural Services for the JJAEP project and authority to negotiate a contract, and any appropriate action - County Judge. (Briefing 1-25-00)

BUDGET

8.A) Approval of Budget Amendment Request #100570 for computer supplies for Computer Supplies for Commissioners Court Precinct #4 in the amount of $633 - County Judge (Briefing 1-25-00).

8.B) Approval of Budget Amendment Request #100550 for Non-Departmental Personnel Contingency for various County Departments in the amount of $13,598 - County Judge (Briefing 1-25-00).

8.C) Approval of Budget Amendment Request #100580 for contract services for County Planning Department in the amount of $34,157 - County Judge. (Briefing 1-25-00)

8.D) Approval of Budget Amendment Request #100560 for prior year revenues for purchase of buildings and various other line items for Juvenile Justice Alternative Education Program in the amount of
$63,936 - County Judge. (Briefing 1-25-00)

8.E) Approval of Budget Amendment Request #100620 for radios and radar's, County Operations in the amount of $1,732 - County Judge.

HUMAN RESOURCES

9.A) Approval of orders appointing New Employees. (The appointments for February 1, 2000, 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: William Kuykendall, Family Violence Attorney/Criminal District Attorney; Timothy Rich, Lieutenant/Training/County Jail; Bryan Erler, Juvenile Corrections Officer/Juvenile Post Adjudication; Floyd Daniel/Heavy Equipment Operator/Centralized Road & Bridge; Andrew Dunbar, Printing/Mail Supervisor/Print/Mail Department; Sheryll Ann Tilley, Deputy Clerk/Support Courts/County Clerk; Cheryl Hibdon, Deputy Clerk/Support Courts/County Clerk; Carol Olivetta Stone, Deputy Clerk/Recording/Passports/County Clerk; Suzanne Fullington, Administrative Technician/Payroll/Treasurer; Diane McNeil, Administrative Technician/Centralized Road & Bridge.

9.B) Approval of an Employee Flower Fund Policy - County Judge. (Briefing 1-25-00)

9.C) Approval of job description and ranking for a new position, Senior Administrator, cashier/courts, in the County Clerk's Office - County Judge. (Briefing 1-18-00)

9.D) Approval of the Equal Employment Opportunity Plan for 2000 - County Judge. (Briefing 1-25-00)

COUNTY CLERK

10.A) Approval of minutes for January 11, 2000, formal session - County Judge. (Briefing1-2-00)

COUNTY PLANNING

12.A) Approve revisions to Section IV, Paragraph 8 of the Denton County Subdivision Rules and Regulations as shown on attachment - County Judge. (Briefing 1-25-00)

NON-DEPARTMENTAL

14.A) Approve the requesting of Building Usage by Catherine Morello for use of the Courthouse Lawn, for the months of May through October 2000, on Saturdays from 9:00 a.m. until 12:00 noon for the purpose of Acoustic Lawn Jam; the 2nd Floor Conference Room the Courthouse Lawn, for the months of May through June 2000, on Thursdays from 5:30 p.m. until 8:30 p.m., for the purpose of Twilight Tunes; and for June 10, 2000, from 7:00 a.m. until 5:00 p.m., for the purpose of Dog Days of Summer Celebration; the Commissioners Courtroom, Conference Room, 1896 Room, and the Lawn, on October 7, 2000, from 7:00 a.m. until 7:00 p.m., for the purpose of Arts, Antiques & Autos Extravaganza - County Judge. (Briefing 1-25-00)

14.B) Approving the dissolution of the Air Quality Advisory, the All War Memorial and the Courthouse Evaluation Committees - County Judge. (Briefing 1-25-00)

14.C) Approve the amendment of Section 2.01 of the Denton County Commissioners Court Operating Procedures to include the language attached as Exhibit "A" - County Judge. (Briefing 1-25-00)

14.D) Approval of the Building Usage requested by Rebecca Ritz for the Commissioners Courtroom, and the Conference Room, on Saturday, February 5, 2000, at 10:30 a.m. until 12:30 p.m., for the purpose of a wedding - County Judge. (Briefing 1-25-00)

14.E) Approval of Building Usage requested by Monique C. Mathews, for the use of the Courthouse Lawn and first-floor, in case of inclement weather, the use of the Commissioners Courtroom and Conference Room, on Friday, and Saturday, June 2nd and 3rd, 2000, from 5:00 p.m. until 7:00 p.m., for the purpose of a wedding - County Judge. (Briefing 1-25-00)

14.F) Approval of request of Building Usage for the 1896 Room, by Doris A. Buscarino on Monday, 2-17-00, at 4:00 p.m. until 8:00 p.m. for the purpose of a reception for Post President, Rose Marie Wilkinson
(Court Appointed Special Advocates, CASA) - County Judge. (Briefing 1-25-00)

Move to approve the Consent Agenda by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0053

ITEM 5 COUNTY AUDITOR

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.)

ADDITIONS TO THE GENERAL FUND:
1. To U.S. Postmaster, $20,000.00, for Postage in the Mail Room;
2. To Johnny Glass and Neil Durrance, $20,406.72, for attorney fees;
3. To Compass Print, $1,581.66, for mailing Juror Statements.

DELETIONS;
1. From the General Fund, $37,492.00 to Tex-Pac of Dallas, Inc., incorrect vendor;
2. From the Road & Bridge Fund, $1,475.59 to Lucky Lady Oil Co., incorrect amount;
3. From the Law Liability Fund, a minus $6.95 to Boise Cascade, incorrect amount;
4. From the Road Bond Fund, $21,466.19 to Marock, Inc., incorrect fund.

Move to approve the Bill Report by Comm. Jacobs, second by Comm. Krueger
Motion Carried 5-0-0
Court Order #00-0054

ITEM 8 BUDGET

8.F) Approval of Budget Amendment Request #100590 for computers for Records Management in the amount of $4,398 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0055

ITEM 11 CENTRALIZED ROAD & BRIDGE/VEHICLE MAINTENANCE

11.A) Approval of the initiation of work on all phases of the new Centralized Road and Bridge facility - County Judge.

Move to table this item until the Road & Bridge Facility Committee has had a chance to review and come back to the court with a recommendation by Comm. Jacobs, second by
Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0056

ITEM 12 COUNTY PLANNING

12.B) Approve March 7, 2000, at 9:00 a.m. as date and time to conduct a public hearing to consider and approve the Replat of Lots 1 & 2, Block A, Springer Acres - County Judge.

Move to approve by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0057

12.C) Approval of March 7, at 9:15 a.m., as date and time, to conduct a public hearing to consider and approve the re-plat of lot 31 Quail Ridge Addition in Commissioner Precinct 1 - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0058

ITEM 13 STANDING ITEMS

13.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

13.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.

There was no action on this item but Commissioner Jacobs did apprise the court that her presentation to the Texas Transportation Commission in Austin on Thursday, January 27, 2000, was successful and they did unanimously approve the $10 million State Infrastructure Bank Loan for Denton County.

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

Move to approve the nominations of Roy W. Timms, Jr. and Michael J. Davis, both from Pilot Point, to the Denton County Veterans Land Board by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0059

13.C) (1) Move to approve the appointment of Hardy Burke from the City of Krum to the Denton County Historical Commission by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0060

ITEM 14 NON-DEPARTMENTAL

14.G) Approve the solicitation of qualifications from architecture/environmental firms and the creation of a Texas Historic Courthouse Master Plan for the Denton County Courthouse-on-the-Square - County
Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0061

14.G) (1) Move to approve the following appointments to an evaluation committee to review proposals from architecture/environmental firms for the Denton County Courthouse on the Square: Danny Brumley, Dr. Betty Alford, Jim Heath, Beth Fleming, Commissioner Scott Armey and the Civil Attorney (advisory, non-voting) by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0062

ITEM 15 LEGAL

15.C) Approval of Interlocal Cooperation Agreement between Denton County and the City of Coppell for improvements to State Highway 121 - County Judge.

15.D) Approval of Interlocal Cooperation Agreement between Denton County and the City of Lewisville for improvements to State Highway 121 - County Judge.

15.E) Approval of Interlocal Cooperation Agreement between Denton County and the City of Grapevine for improvements to State Highway 121 - County Judge.

15.F) Approval of Interlocal Cooperation Agreement between Denton County and the City of The Colony for improvements to State Highway 121 - County Judge.

15.G) Approval of Interlocal Cooperation Agreement between Denton County and the City of Carrollton for improvements to State Highway 121 - County Judge.

Move to approve Items 15. C through G by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0063

15.H) Approval of designation of Civil Attorney III in the office of the Criminal District Attorney, Civil Division as the person to receive Public Information Act requests for Denton County except as indicated by Denton County Elected Officials and amendment of the Denton County Open Records Access Request Policy to reflect designation - County Judge. (Briefing 1-25-00)
WILL DISCUSS AFTER EXECUTIVE SESSION

15.B) Approve (1) granting exemption from competitive bidding pursuant to Local Government Code, Section 262.024 (a)(4), professional service contract, and (2) award of contract(s) for right-of-way acquisition - County Judge.
TO BE REPOSTED

ITEM 17 RECESS

CONVENE IN BRIEFING SESSION
RECONVENE IN FORMAL SESSION

ITEM 16 EXECUTIVE SESSION

Move to Convene in Executive Session by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0

CONVENE IN EXECUTIVE SESSION
RECONVENE IN FORMAL SESSION

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

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

16.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 16A THROUGH 16C

16.D) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071(1)(A) Identification of parties and claims regarding possible breach of warranties and defects as relates to the Denton County Courts Building - County Judge.

Move to (1) assign to the Civil Division of the Criminal District Attorney's Office the matter concerning the identification of parties and claims regarding possible breach of warranties and defects as relates to the Denton County Courts Building and (2) Maintain the confidentiality of the preliminary report by Marshall Addison, Ph.D., P.E. by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0064

ITEM 15 LEGAL

15.H) Approval of designation of Civil Attorney III in the office of the Criminal District Attorney, Civil Division as the person to receive Public Information Act requests for Denton County except as indicated by Denton County Elected Officials and amendment of the Denton County Open Records Access Request Policy to reflect designation - County Judge. (Briefing 1-25-00)
TO BE REPOSTED

ITEM 16 EXECUTIVE SESSION

16.E) Contemplated litigation pursuant to Section 551.071 (1)(A), Government code, discuss Attorney General's Open Record Records Decision on Denton Record-Chronicle's public information requests and
possibility of initiating filing a Declaratory Judgement action in Travis County seeking relief from compliance with the decision - County Judge.
NO ACTION

ITEM 19 ADJOURNMENT 11:45 am

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

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