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 16, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 16th day of May, 2000, 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 Dr. Keith McKee, Administer of Music of the First Baptist Church, Denton, Texas, followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Chief Jimmie Vann of the Mayhill-Cooper Creek Volunteer Fire Department.

Dr. McKee: Our Gracious Father, we bow our hearts and our lives before You this day, thanking You for this, another day You have given us. We pray, dear God that You would bless this day and bless each person here. We thank You, dear God, for Your son, Jesus Christ, and all that He means to us. We pray, dear God, and pause to ask Your blessings upon this, the leaders of our Denton County area this day. That You bless them and guide them this day. We ask that You would give them wisdom and discernment for Your word, as promised. And we ask You for wisdom that you will give that wisdom. So we ask that, in Your name, today, if You will give us wisdom and discernment in the decisions made. We thank You Father for each person and their willingness to serve You in the high colony which You've placed upon each individual here today. We pray for honesty and strength of character in each decision that is made. We ask that You give them strength to fulfill the calling You have given them and that they would honor You, dear God, in every decision that is made. That Your name would be honored, Father, and that everything that is done would give glory and praise to Your precious name. We love You, thank You for this beautiful day and ask Your blessings upon this session, in Jesus name, Amen.

THE JUDGE MADE NO FORMAL ANNOUNCEMENT, BUT DID SIGN INTO APPROVAL AN ORDER ESTABLISHING THE INCORPORATION OF THE TOWN OF CLARK IN DENTON COUNTY.

JUDGE WILSON ANNOUNCED THAT DENTON COUNTY JUST CLOSED THE CHARLES A. COLE JUVENILE DETENTION CENTER DUE TO THE DISCOVERY OF A STACHYBOTRYS STRAIN OF MOLD IN THE BUILDING.

ITEM 2 PUBLIC INPUT

Mildred Hawk announced the beginning of her summer Hawkeye Reading Program for the second and third grades.
Cynthia Mitchell, County Clerk, announced that beginning October 1, 2000, her office will be the Local Registrar for birth and death certificates from the City of Denton. With the implementation of this service, anyone from the State of Texas, including the City of Denton, can receive a certified copy of their birth/death certificates from the Denton County Clerk's Office.

ITEM 3 PUBLIC HEARING

3.A) Approval of Supplement Petition requesting the Clarification of the Definition of the Project
within Denton County Development District #4 and any appropriate action - Commissioners Court.

Move to Open Public Hearing by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0

Tom Leonard, the district's legal counsel with Leonard Hurt Frost Lilly & Levin from Austin, delivered the petition to the court and introduced Don Blackwood, Chairman of the Board of Directors of the district. Mr. Blackwood presented the petition and introduced board member Dave Denison, the district's consulting engineer, Bob Zollars, and Frank Van Court, legal counsel. Also introduced was Mr. Rick Strauss, President of Lantana Corporation.

Those who spoke (or had their comments read into the record) against approval of this petition:
Ted Carthal, Joe Chiles, Patsy Mizeur, Laurie Harberson, Alanna Sommer, Jan Cole, Ray Roberts, Marsha Casteen, Bob Casteen, Ian Gleghorn, Merle Lindby-Young, Larry & Judith M. Ford, Susan N. Johnson, Mark Johnson, Michael & Joyce Gary, Cynthia Morse, James D. Morse, Karen Mangum and Helen Stewart.

Those who spoke (or had their comments read into the record) for the petition: Mayor Bill Wilkinson, Terry Gudgel and Dawn Baldwin.

Those who had questions for the court regarding the petition: Janna Cott, Mayor John Mayall and Reverend Roosevelt Johnson.

Move to Close Public Hearing by Comm. Carter, second by Comm. Krueger.
Motion Carried 4-0-0

Move adoption of Order with a friendly amendment that an article in the petition be  added that Denton County taxpayers will not be liable at any time for this CDD by Judge Wilson, second by Commissioner Krueger.
Motion Carried 4-0-0
Court Order #00-0232

ITEM 4 CONSENT AGENDA (ITEMS 7.E & 7.F PULLED)

PURCHASING

6.DD) Approval of renewal for Lawn Maintenance Service, Bid #04-99-1208, to Tandem Lawn Service, and any appropriate action - County Judge. (Briefing 5-9-00)

6.EE) Approval of renewal of Bid #01-99-1197, Pickup and Delivery of Election supplies, with Duryea Moving and Storage, Inc. and any appropriate action - County Judge. (Briefing 5-9-00)

6. FF) Approval to donate the attached list of miscellaneous surplus computer systems to Juvenile Diversionary of Denton and the Boys and Girls Clubs of Denton - County Judge. (Briefing 5-900)

BUDGET

7.C) Approval of Budget Amendment Request #101320 for contract labor for Emergency Management in the amount of $878 - County Judge. (Briefing 5-9-00)

7.D) Approval of Budget Amendment Request #101330 to increase revenues and allocate expenditures for Salary, Assistants and the creation of a new line item for county purposes for FY 1999-
2000 for Sheriff's Department in the amount of $9,970 - County Judge. (Briefing 5-2-00)

7.G) Approval of Budget Amendment Request #101390 for computers for Criminal District Attorney in the amount of $1,455 - County Judge. (Briefing 5-9-00)

7.H) Approval of Budget Amendment Request #101380 for contract labor for Print/Mail Department in the amount of $1,700 - County Judge. (Briefing 5-9-00)

7.I) Approval of Budget Amendment Request #101360 for computers for License and Weights in the amount of $3,195 - County Judge. (Briefing 5-9-00)
7.J) Approval of Budget Amendment Request #101410 for vehicle repairs for Constable Precinct #2 in the amount of $1,000 - County Judge. (Briefing 5-9-00)

COUNTY CLERK

9.A) Approval of the May 2, 2000 minutes - Formal Session - County Judge.

COUNTY PLANNING

10.A) Approve Final Plat for Castle Hills Phase III, Section A, Precinct Two - County Judge.

10.B) Approve Final Plat for Castle Hills Community Center, Precinct Two - County Judge.

10.C) Approve the Replat of Castle Hills, Phase II, Section C, Precinct Two - County Judge.

NON-DEPARTMENTAL

12.A) Approve the acceptance of the certificate of completion certifying that the continuing education provisions of the Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Sandy Jacobs for the calendar year 1999 - Commissioner Precinct #2. (Briefing 5-9-00)

12.B) Approve the acceptance of the certificate of completion certifying that the continuing education provisions of the Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Scott Armey for the calendar year 1999 - Commissioner Precinct #3. (Briefing 5-9-00)

12.C) Approval of Building Usage requested by Harold Jackson for the use of the Denton County Courthouse steps for June 5th and 6th, 2000 from 7:00 a.m. until 1:00 p.m. - County Judge. (Briefing 5-9-00)

13.B) Approval of the Trade Contract Agreement No. 90-9435 between Denton County and R3M, Inc. for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security
Enhancement of the Sheriff's Department.

Move to approve Consent Agenda with the exception of Items 7.E & 7.F by Comm. Armey, second by Comm. Krueger.
Motion Carried 3-0-0 (Comm. Carter stepped out of the courtroom)
Court Order #00-0233

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.)

DELETIONS:
From the General Fund, $6.80 to Cindy Mitchell, incorrect amount;
$566.24 to Judge Kirk Wilson, incorrect amount (S/B $133.74);
From Jail Expansion, $67,450.00 to CBS Mechanical, delete per purchasing.

ADDITIONS
To the General Fund:
$98.56 to Rebekah Ebbs for witness expense;
$98.56 to Jeff Ebbs for witness expense;
$100.00 to Anna Lisa Lyon for Corpus Travel Advance;
$100.00 to Kathy Arledge for Corpus Travel Advance;
$945.00 to ASFPM, registration fee for Allcorn, Harris, & Rollins;
$35.00 to Davis Purity Bakery for refreshments;
$65.00 to MacArthur Gauge for registration fee for Ed Roberts;
To the DA Chapter 59:
$1,111,14 to the Texas Dept. of Public Safety for Forfeiture/Interest earned;
To the 99 Road Construction
$6,095.00 to Phillips, Hopkins, Eames & Cobb for ROW, Professional Services.

Move to approve amended Bill Report by Comm. Armey, second by Comm. Krueger.
Motion Carried 3-0-0
Court Order #00-0234

ITEM 6 PURCHASING

6.A) Approval of specifications and authority to advertise for Denton County Courts Building, Earthwork, Bid #05-00-1338 and any appropriate action - County Judge.

6.B) Approval of specifications and authority to advertise for Denton County Courts Building, Asphalt Paving, Bid #05-00-1339 and any appropriate action - County Judge.

6.C) Approval of specifications and authority to advertise for Denton County Courts Building, Pavement, Bid #05-00-1340 and any appropriate action - County Judge.

6.D) Approval of specifications and authority to advertise for Denton County Courts Building, Landscapes, Bid #05-00-1341 and any appropriate action - County Judge.

6.E) Approval of specifications and authority to advertise for Denton County Courts Building, Concrete, Bid #05-00-1342 and any appropriate action - County Judge.

6.F) Approval of specifications and authority to advertise for Denton County Courts Building, Masonry, Bid #05-00-1343 and any appropriate action - County Judge.

6.G) Approval of specifications and authority to advertise for Denton County Courts Building, Structural & Miscellaneous Metals, Bid #05-00-1344 and any appropriate action - County Judge.

6.H) Approval of specifications and authority to advertise for Denton County Courts Building, Millwork, Bid #05-00-1345 and any appropriate action - County Judge.

6.I) Approval of specifications and authority to advertise for Denton County Courts Building, Glass & Glazing, Bid #05-00-1346 and any appropriate action - County Judge.

6.J) Approval of specifications and authority to advertise for Denton County Courts Building, Doors, Frames & Finish Hardware, Bid #05-00-1347 and any appropriate action - County Judge.

6.K) Approval of specifications and authority to advertise for Denton County Courts Building, Drywall, Bid $05-00-1348 and any appropriate action - County Judge.

6.L) Approval of specifications and authority to advertise for Denton County Courts Building, Tile, Bid #05-00-1349 and any appropriate action - County Judge.

6.M) Approval of specifications and authority to advertise for Denton County Courts Building, Terrazzo, Bid #05-00-1350 and any appropriate action - County Judge.

6.N) Approval of specifications and authority to advertise for Denton County Courts Building, Resilient Flooring & Carpet, Bid #05-00-1351 and any appropriate action - County Judge.

6.O) Approval of specifications and authority to advertise for Denton County Courts Building, Painting, Bid #05-00-1352 and any appropriate action - County Judge.

6.P) Approval of specifications and authority to advertise for Denton County Courts Building, Miscellaneous Specialties, Bid #05-00-1353 and any appropriate action - County Judge.

6.Q) Approval of specifications and authority to advertise for Denton County Courts Building, Toilet Partition & Accessories, Bid#05-00-1354 and any appropriate action - County Judge.

6.R) Approval of specifications and authority to advertise for Denton County Courts Building, Interior Signs, Bid #05-00-1355 and any appropriate action - County Judge.

6.S) Approval of specifications and authority to advertise for Denton County Courts Building, Detention Equipment, Bid #05-00-1356 and any appropriate action - County Judge.

6.T) Approval of specifications and authority to advertise for Denton County Courts Building, Sound System, Bid #05-00-1357 and any appropriate action - County Judge.

6.U) Approval of specifications and authority to advertise for Denton County Courts Building, Blinds, Bid #05-00-1358 and any appropriate action - County Judge.

6.V) Approval of specifications and authority to advertise for Denton County Courts Building, Furniture, Bid #05-00-1359 and any appropriate action - County Judge.

6.W) Approval of specifications and authority to advertise for Denton County Courts Building, Courtroom Seating, Bid #05-00-1360 and any appropriate action - County Judge.

6.X) Approval of specifications and authority to advertise for Denton County Courts Building, Mechanical & Plumbing, Bid #05-00-1361 and any appropriate action - County Judge.

6.Y) Approval of specifications and authority to advertise for Denton County Courts Building, Fire Protection, Bid #05-00-1362 and any appropriate action - County Judge.

6.Z) Approval of specifications and authority to advertise for Denton County Courts Building, Electrical, Bid #05-00-1363 and any appropriate action - County Judge.

6.AA) Approval of specifications and authority to advertise for Denton County Courts Building, Testing & Balancing, Bid #05-00-1364 and any appropriate action - County Judge.

Move to approve Items 6A through 6AA by Comm. Krueger, second by Comm. Armey.
Motion Carried 3-0-0
Court Order #00-0235

ITEM 2 PUBLIC INPUT

Tommy Purser on Ripy Road asked for the court's assistance in repairing the tinhorns at the entrance to his house from damage by heavy truck traffic.

Commissioner Carter returns to the courtroom.

ITEM 6 BUDGET

6.BB) Approval of authority to advertise for Letters of Interest from engineering firms for the Improvements to SH 121 project and any appropriate action - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0236

6.CC) Approval of award to Jagoe-Public Company for Reconstruction of Robson Ranch Road, Bid #03-00-1327 and any appropriate action - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0237

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #101490 for various line items for Department Information Services in the amount of $4,713 - County Judge.\

Move to approve by Judge Wilson. second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0238

7.B) Approval of Budget Amendment Request #101480 for Training/Education for Telephone Department in the amount of $430 - County Judge.

Move to approve by Judge Wilson, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0239

ITEM 15 RECESS

ITEM 16 RECONVENE

7.E) Approval of Budget Amendment Request #101310 for Salary, Assistants/Benefits line items for Criminal District Attorney-Civil Division in the amount of $8,629 - County Judge. (Briefing 5-9-00)

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 3-1-0 (Armey nay)
Court Order #00-0240

7.F) Approval of Budget Amendment Request #101400 for Salary, Assistants/Benefits line items for Sheriff's Department in the amount of $26,216 - County Judge. (Briefing 5-9-00)

Move to approve by Comm. Krueger, second by Comm. Carter.
Motion Carried 3-1-0 (Armey nay)
Court Order #00-0241

ITEM 8 HUMAN RESOURCES

8.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: Kimberly Johnson, Juvenile Detention Officer/Juvenile Detention; David Lenington, Juvenile Probation Officer/Juvenile Post Adjudication; Ladoris Kish, Admin. Assistant/Warrants/Sheriff; Evoe Wanda Farriell, Warrant Research/Detention Officer/Warrant Research Support Team; Shaneca King, Detention Officer I/County Jail; Jessica Hooten, Court Clerk/JP#3; Heather Tresemer/Print/Mail Clerk/Print/Mail; Shirley A. Stanley, Senior Clerk/Mental Health/County Clerk; Ronald Keaton, Misdemeanor Investigator/Criminal District Attorney; Lee Holsomback, Felony Investigator/Criminal District Attorney.

Move to approve by Comm. Krueger, second by Comm. Carter.
Comm. Krueger withdrew his motion as did the seconder, Comm. Carter.

Move to approve with the exception of Item 8A-7 by Judge Wilson, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0242

8.A-7) Move to approve Order Maker Appointment for Catherine Luft, Appellate Attorney III/Criminal District Attorney by Comm. Krueger, second by Comm. Carter.
Motion Carried 3-1-0 (Armey nay)
Court Order #00-0243

8.B) Approve changing a part-time systems Support Specialist position (slot 004-CS) into a full-time position - Information Services - County Judge. (Briefing 5-9-00)

Move to approve by Comm. Krueger, second by Comm. Carter with a friendly amendment that this action be for the current fiscal year only and be reviewed at the budgetary process.
Motion Failed 2-2-0 (Wilson & Armey nay)

8.D) Approve job description for Street and Map Coordinator in the Elections Department - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0244

8.C) Approval of change in language related to the posting of Order Making Appointments for personnel actions - Commissioner Precinct #3. (Briefing 5-9-00)
REPOST

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.
NO ACTION

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

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 Comm. Carter, second 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.

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

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.

14.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 14A THROUGH 14D

14.E) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A), Steven Gambles - County Judge.

Move to approve recommendation of the District Attorney, Civil Division, that the court settle this claim in the amount of $255.75 to be paid out of a line item to be determined by Matt Marick, Deputy Director, Juvenile Probation, by Comm. Krueger, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0245

14.F) Consultation with Attorney, Contemplated Litigation Texas Government Code, Section 551.071 (1)(A); Claim by C-Five Star Vacuum Repair - County Judge.

Move to approve recommendation of the District Attorney, Civil Division, that the court settle this claim in the amount of $57.00 to be paid out of Juvenile Detention Funds by Comm.
Carter, second by Comm. Armey.
Motion Carried 4-0-0
Court Order #00-0246

ITEM 17 ADJOURNMENT

Move to adjourn court by Comm. Carter, second by Comm. Armey.
Motion Carried 4-0-0

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