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.

May 9, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 9th day of May, 2000, with Judge Kirk Wilson presiding. Commissioners Scott Armey, Jim Carter, Sandy Jacobs and Jeff Krueger were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Phil Baker, Chaplain for the Denton County Jail, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Jody Gonzalez, Acting Fire Marshall for Denton County.

Mr. Baker: All mighty and all powerful God, we bow before You at this time realizing it is our Creator who has given to us an immense responsibility, especially for this body. We ask Your blessing upon this entire Commissioners Court, all who have business with it, all who approach this room. We ask You to grant us wisdom to do what is right, the ability to disagree agreeably, the power to carry out what is decided here, reminding us that we have a responsibility to You, as well as to the citizens of this county. Bless us each and every one of us, in the name of our Creator. Amen.

ITEM 2 PUBLIC INPUT

Marco Martinez, Chairman of the Denton County Law Enforcement Association, invited the court and the public to the Annual Peace Officers Memorial Service to be held Friday, May 12, 2000, at 12 noon.

ITEM 3 CONSENT AGENDA (ITEMS 6H & 13B PULLED)

TREASURER

5.A) Approval of Payroll

BUDGET

6.A) Approval of Budget Amendment Request #101230 for asphalt products and surface treatment aggregate for Centralized Road and Bridge in the amount of $184,000 - County Judge. (Briefing 5-2-00)

6.B) Approval of Budget Amendment Request #101260 for training and education for CHOS Museum in the amount of $200 - County Judge. (Briefing 5-2-00)

6.C) Approval of Budget Amendment Request #101240 for computers for District Attorney Hot Check Department in the amount of $3,350 - County Judge. (Briefing 5-2-00)

6.D) Approval of Budget Amendment Request #101270 for computers for Computer Systems/County-Wide in the amount of $1,714 - County Judge. (Briefing 5-2-00)

6.E) Approval of Budget Amendment Request #101280 for Law/Reference Books for Criminal District Attorney in the amount of $5,000 - County Judge. (Briefing 5-2-00)

6.F) Approval of Budget Amendment Request #101300 for computers for 211th District Court in the amount of $342 - County Judge. (Briefing 5-2-00)

6.G) Approval of Budget Amendment Request #101340 for office supplies for commissioners Court in the amount of $743 - County Judge. (Briefing 5-2-00)

HUMAN RESOURCES

7.D) Approve revision to Policy #6.4 (Incentive Pay) - County Judge. (Briefing 5-2-00)

COUNTY CLERK

8.A) Approval of minutes for April 25, 2000 - Formal Session - County Judge.

SHERIFF

11.B) Approve Interlocal Cooperation Agreement for Patrol Services with the Town of Hackberry - County Judge. (Briefing 5-2-00)

NON-DEPARTMENTAL

13.A) Approval of Building Usage requested by TWU Cares Health Care Center, Betty N. Adams, for the reserving of 25 parking spaces outside the Denton County Courts Building on May 17, 2000 from 8:00
a.m. until 5:00 p.m. for the purpose of TWU Cares Health Center open house - County Judge. (Briefing 4-25; 5-2-00)

LEGAL

14.B) Approval of the Trade Contract Agreement between Denton County and Jagoe-Public Company for kitchen expansion and security enhancement of the Denton County Pre-Trial Facility, Enforcement
Center - County Judge. (Briefing 5-2-00)

14.C) Approval of Electronic Payment Agreement between Denton County, Texas and Frost National Bank - San Antonio - County Judge. (Briefing 5-2-00)

14.D) Approval of the Interlocal Cooperation Agreement between the City of Denton and Denton County, Texas for Fiber Optics Services - County Judge. (Briefing 5-2-00)

14.E) Approval of Agreement between Denton County, Texas and Collins and Associates, Inc., for Window Glazing and Window Washing for the Joseph A. Carroll Building - County Judge. (Briefing 5-2-
00)

14.F) Approval to not Renew the Mutual Aid Law Enforcement Agreement between the City of Lewisville and Denton County, Texas, for the Law Enforcement Area "Crider Road" - County Judge.
(Briefing 5-2-00)

Move to approve the Consent Agenda with the exception of Items 6H and 14B by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0213

ITEM 4 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.)

DELETIONS FROM THE GENERAL FUND:
$400.00 to Earlean Cobbin Murphy, incorrect amount.

ADDITIONS TO THE GENERAL FUND:
$20,000.00 to the U.S. Postmaster for postage for the Mail Room.

Move to approve the amended Bill Report by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0214

ITEM 6 BUDGET

6.H) Approval of Budget Amendment Request #101350 for Court Support - Mediation Services for Judiciary and Court Support in the amount of $24,941 - County Judge. (Briefing 5-2-00)

ITEM 13 LEGAL

13.B) Approval to amend the contract of the University of North Texas Dispute Resolution System of Denton County and include Option II funding for the purpose of addressing the requirements of the State
Settlement Week Program and any appropriate action - Commissioner Precinct Two.

Jane Thacker, Chairman of the Courts Committee for the Denton County Bar Association, had questions for the court regarding this contract. Commissioner Jacobs suggested that Ms. Thacker meet with
Dr. McKee who administers this contract.

Move to approve Items 6H and 13B by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0 (Comm. Krueger had stepped out of the room before the vote)
Court Order #00-0215

ITEM 7 HUMAN RESOURCES

7.A) Approval of any action affecting new and current employees, full-time, part-time, including but not limited to: approval of Order Making Appointment forms, promotions, demotions, rehires, transfers, and salary adjustments. (The appointments for May 9, 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: Tracy Ho, 2nd Chair Misdemeanor Prosecutor II/Criminal District Attorney; Earl Dobson, Chief Felony Prosecutor II/Criminal District Attorney; Bruce McFarling, 2nd Chair Felony Prosecutor I/Criminal District Attorney; Rick Daniel, Narcotics Attorney/Task Force Grant; Michael Moore, Chief Felony Prosecutor I/Criminal District Attorney; Mark Pearce, Deputy Clerk/MV/Tax Assessor/Collector; Grace Rojas, Court Clerk/Justice of the Peace Pct.2; Kathryn Weakley, Detention Officer I/County Jail; Debra Jezek, Hot Check Warrant Clerk/Criminal District Attorney; Carol Urbano, Deputy Clerk/MV/Tax Assessor/Collector; Susana Wallace, Deputy Clerk/MV/Tax Assessor/Collector; Theloniaus Peugh, Chief Misdemeanor Prosecutor I/Criminal District Attorney; Ugo Oleru, Adult Probation Officer/C.S.C.D; Laura Lee Lewis, Print/Mail Clerk/Print/Mail.

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0216

7.B) Approve a new position (Traffic Enforcement Deputy, Grade 21) and new job description, Precinct #2 - County Judge. (Briefing 5-2-00)

Move to approve by Comm. Krueger, second by Comm. Jacobs with two friendly amendments: that this position inform the constables when he enters their area and that this position come back for budgetary review at the end of September, 2000.
Motion Carried 5-0-0
Court Order #00-0217

ITEM 9 ELECTIONS DEPARTMENT

9.A) Approval of the Canvass of Votes for the May 6, 2000 Town of Clark Incorporation Special
Election - County Judge. (Briefing 5-2-00)

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0218

9.B) Approval of the Canvass of Votes for the May 6, 2000 State Representative District 64 Special Election - County Judge. (Briefing 5-2-00)

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0219

ITEM 10 GRANTS

10.A) Approval of the application for the National School Lunch Program - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0220

ITEM 11 SHERIFF

11.A) Approval of:

1) exemption from bidding emergency repairs to existing plumbing supply and sewer lines in the kitchen at the Denton county Jail according to the provisions of Local Government Code, Section 262.024 (a)(1) & (2) due to an item that must be purchased because it is necessary to make the purchase promptly to preserve the property of the county land an item necessary to preserve and protect the public health and safety of the residents of the county;
2) appropriate funds for emergency repairs to existing plumbing supply and sewer lines in the kitchen in the Denton County Jail from line item 01-2900-00-00, Reserve Funds to 01-6641-50-80, Jail Facility Plumbing Supplies; and
3) award CBS Mechanical, Inc. for emergency repairs to existing plumbing supply and sewer lines in the kitchen at the Denton County Jail oversight of CBS Mechanical to be performed by Huber, Hunt & Nichols, Inc. - County Judge.

Move to approve by Comm. Carter, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0221

ITEM 6 BUDGET

6.I) Approval of Emergency Budget Amendment Request #101460 for Plumbing Supplies for Law Enforcement Facilities in the Amount of $50,000 - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0222

ITEM 12 STANDING ITEMS

12.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

12.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

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

Move to approve the appointment of Richard A. Muller to the Denton County Child Protective Services Board contingent upon the approval of the CPS clearance process by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0223

ITEM 13 NON-DEPARTMENTAL

13.C) Approval to reject all bids for Jail Expansion, Specialties, Toilet Partitions & Toilet Room Accessories, Bid #03-00-1316, and any appropriate action - County Judge.

13.D) Approval to reject all bids for Jail Expansion, Food Service Equipment, Bid #03-00-1321, and any appropriate action - County Judge.

13.E) Approval to reject all bids for Jail Expansion, Hollow Metal Work, Wood Doors & Finish Hardware, Bid #03-00-1323, and any appropriate action - County Judge.

Move to approve Items 13.C, 13.D & 13.E by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0224

13.F) Approval of specifications and authority to advertise for Jail Expansion:

1. Food Service, Bid #05-00-1333 2. Briefing Room Seating and Tables, Bid #05-001334 3. Overhead Rolling Steel Doors, Bid #05-00-1335
4. Specialty Items, Bid #05-00-1336
5. Toilet Partitions & Accessories, Bid #05-00-1337
and any appropriate action - County Judge.

Move to approve by Comm. Krueger, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0225

13.G) Approval to award Drywall, Bid #03-00-1322, to King & Company, in the amount of #387,900.00 plus Alternate No. 1 in the amount of $47,500.00 for a total of $435,400.00, and any appropriate action - County Judge.

13.H) Approval to award Glass and Glazing, Bid #03-00-1318, to Southern Glass and Mirror, in the amount of $213,000.00, and any appropriate action - County Judge.

13.I) Approval to award Pneumatic Tube System, Bid #02-00-1312, to Air Communications, in the amount of $39,779.00, and any appropriate action - County Judge.

13.J) Approval to award Terrazzo Flooring, Bid #01-00-1301, to American Terrazzo, in the amount of $171,000.00, and any appropriate action - County Judge.

13.K) Approval to award Detention Equipment, Bid #01-00-1289, to Willow Products, Inc., in the amount of $1,348,520.00, and any appropriate action - County Judge.

13.L) Approval to award Spray-On Fireproofing, Bid #01-00-1290, to Williams Insulation Co., in the amount of $44,840.00, and any appropriate action - County Judge.

13.M) Approval to award Finish Carpentry and Millwork, Bid #01-00-1291, to Howard-McKinney, Inc., in the amount of $176,000.00, and any appropriate action - County Judge.

13.N) Approval to award Hollow Metal Work, Wood Doors, and Finish Hardware (Material Only). Bid #01-00- 1292, to Performance Door and Hardware, Inc., in the amount of $140,744.00, and any appropriate action - County Judge.

13.O) Approval to award Dampproofing, Rigid Installation, and Caulking and Sealants, Bid #01-00-1293, to Lewisville Waterproofing, in the amount of $88,590.00, and any appropriate action - County Judge.

13.P) Approval to award Ceramic Tile and Pavers, Bid #01-00-1297, to Ellis Skinner, in the amount of $75,823.00, and any appropriate action - County Judge.

13.Q) Approval to award Resilient Flooring and Carpet, Bid #01-00-1300, to Shaw Contract Flooring, in the amount of $124,063.84, and any appropriate action - County Judge.

13.R) Approval to award Painting and Vinyl Wall Covering, Bid #01-00-1308, to Wright Painting, for $279,772 (Base and Alternate), and any appropriate action - County Judge

Move to approve Items 13.G through 13.R by Comm. Krueger, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0226

ITEM 13 NON-DEPARTMENTAL

13.S) PUBLIC HEARING - Approval of the Replat of Lot 67, Songbird Addition - Commissioners Court.

Move to Open Public Hearing by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0

No one spoke for or against.

Move to Close Public Hearing by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0227

ITEM 14 LEGAL

14.G) Approval of Easement for Public Road or Street located on Lewisville Lake, Denton County, Texas and U.S. Department of the Army, Corps of Engineers, for re-alignment of Old Alton Road - County
Judge.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0228

ITEM 7 HUMAN RESOURCES

7.C) Approve a new position (Court Clerk, Grade 14) for Justice of the Peace, Precinct #5 - County Judge. (Briefing 5-2-00)

Move to approve by Comm. Krueger, second by Comm. Carter.
Under discussion, Comm. Carter withdrew his second to the motion.

Second by Judge Wilson with a friendly amendment that this be approved for a six month term to be reviewed during the budgetary process.
Motion Carried 3-2-0 (Jacobs & Armey nay)
Court Order #00-0229

ITEM 16 RECESS

ITEM 17 RECONVENE

ITEM 15 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. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0

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

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

15.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.

15.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.

NO ACTION ON ITEMS 15.A THROUGH 15.D

15.E) Consultation with Attorney: Contemplated Litigation pursuant to Section 551.071 (1)(A), Government Code, discuss potential litigation re: Claim of Martha Myers Fortune - County Judge.

Move to assign this contemplated litigation to the District Attorney, Civil Division by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0 (Comm. Armey was not present)
Court Order #00-0230

15.E) (1) Move to approve that the court deny this claim by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0231

ITEM 18 ADJOURNRMENT

Move to adjourn by Comm. Carter, second 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.