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.

June 13, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 13th day of June, 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 an Invocation by Pastor Buddy Owens of the Gateway United Baptist Church followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Doug Lee, President of the Denton County Sheriff's Association.

Pastor Owens: Our Father, we thank You for this very special day. We thank You, first of all, for Your accommodation to Yourself, the higher humanity, through Jesus Christ. We thank You for living in the greatest time in the history of the world and, Father, for any blessings physically and spiritually that You have given us. We ask You today, our Father, to bless this meeting. We pray, Father, that You would remind these that are in power of the great responsibility that they have for the law of the land. Father, it is our schoolmaster that brings us to the truth. We pray further, Father, that You would remind them in their wisdom of the possibilities of what we can do in this great country, in this land, in this state, and right here in Denton, Texas. We pray that You would speak to our hearts, that You would, Father, bless our lives. And, as a result of this day, we pray that You would bless our lives individually, collectively, so that when we leave this world, the world can say it is a better place because we have been here, is our prayer today. In Jesus' name, Amen.

ITEM 2 PUBLIC INPUT

Danny Brumley, Director of Facilities Management, updated the court on the mold situation.

ITEM 3 CONSENT AGENDA

PURCHASING

5.A) Approval of renewal for Pharmaceutical Services, Jail Health, RFP #05-98-1169, to Diamond Pharmacy Services, and any appropriate action - County Judge. (Briefing 6-6-00)

5.B) Approval of renewal for Pharmaceutical Services, Public Health, Bid #05-98-1168, to Denton Prescription Shop, and any appropriate action - County Judge. (Briefing 6-6-00)

5.C) Approval of specifications and authority to advertise for Emulsifies Asphalt (CRS-2, CRS-2H, AEP, SS-1, CRS-1P), Bid #04-00-1332, and any appropriate action - County Judge. (Briefing (6-6-00)

5.D) Approval of specifications and authority to advertise for Lubricants and Oils, Bid #05-00-1366, and any appropriate action - County Judge. (Briefing 6-6-00)

5. E) Approval of specifications and authority to advertise for Denton County Courts Building Fourth Floor and Lower Level Voice Data Cabling, RFP #05-00-1368, and any other appropriate action - County
Judge. (Briefing 6-6-00)

5. F) Approval of specifications and authority to advertise for Denton County Pre-Trial Facility and Enforcement Center Voice Data Cabling, RFP #05-00-1331, and any other appropriate action - County
Judge. (Briefing 6-6-00)

BUDGET

6.A) Approval of Budget Amendment Request #101700 to increase revenues and allocate expenditures for printed materials and law & reference books for CHOS Museum in the amount of $441 -
County Judge. (Briefing 6-6-00)

6.B) Approval of Budget Amendment Request #101720 for contract labor for Constable Precinct #5 in the amount of $3,000 - County Judge. (Briefing6-6-00)

6.C) Approval of Budget Amendment Request #101730 for various line items for Commissioners Court in the amount of $870 - County Judge. (Briefing 6-6-00)

6.D) Approval of Budget Amendment Request #101740 for training/education for County Planning in the amount of $389 - County Judge. (Briefing 6-6-00)

6.F) Approval of Budget Amendment Request #101770 for office supplies and computers for Probate Court in the amount of $708 - County Judge. (Briefing 6-6-00)

6.G) Approval of Budget Amendment Request #101780 for office furniture/equipment for CHOS Museum Tourism Preservation Grant - 2000 in the amount of $1,012 - County Judge. (Briefing 6-6-00)

HUMAN RESOURCES

7.A) Approval of Order Making Appointments. (The appointments for June 13, 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 Order Making Appointments were approved: David Fears, P-T Detention Officer I/County Jail; Mark Norwood, Detention Officer I/County Jail; William Paul Keith, Deputy Sheriff/Sheriff; Jennifer Russell, Admin. Secretary/Warrants/Sheriff; Mike York, Deputy Sheriff/Mental Health/Mental Health Unit; Jonathon Preston, Juvenile Probation Officer/T.J.P.C.; Tricia Baker, Family Violence Attorney/Criminal District Attorney; William Kuykendall, Family Violence Attorney/Criminal District Attorney; Leland Chance Oliver, 2nd Chair Misdemeanor Prosecutor I/Criminal District Attorney; Daniel Peugh, Chief Misdemeanor Prosecutor I/Criminal District Attorney; Matthew Shovlin, Juvenile Prosecutor/Criminal District Attorney; Gene Sera, Family Violence Misd. Prosecutor/DA/Family Violence Expansion Grant; Tracey Coin, Sr. Administrator Criminal Court/County Clerk; Judy L. Muller, Sr. Clerk/Criminal Courts/County Clerk; Carolyn Belcher, Deputy Clerk-Civil/Probate/County Clerk; Erika Minor, Deputy Clerk-Support Courts/County Clerk; Amelia Ibarra, Eligibility Screener/Primary Health Care Grant; Robert W. Burton, Education & Tourism Director/CHOS Museum & Tourism/Preservation Grant; Sherry Benson, Deputy Clerk/MV/Tax Assessor/Collector.

COUNTY CLERK

8.A) Approval of minutes for May 23, 2000, formal session - County Judge.

HEALTH

9.A) Approval of Tobacco Prevention and Control Mini Grant - County Judge. (Briefing 6-6-00)

COUNTY PLANNING

11.A) Approve Final Plat for Stancom Addition, Lot 1-A, Precinct 4 - County Judge.

LEGAL

14.B) Approval of Contract for Architectural Services for the JJAEP project between HLM Design USA, Inc., and any appropriate action - County Judge. (Briefing 6-6-00)

Move to approve the Consent Agenda by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0293

ITEM 4 COUNTY AUDITOR

Approval of Bill Report and 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.)

ADDITIONS TO THE GENERAL FUND:

To District 8 TAE4-HA, $95.00 for registration fee for Kim Vanderbeek, County Extension;
To Tye DeBerry, $567.09 for a conference in Austin, Economic Development;
To Randy Forman, $132.52 for a conference in Wichita Falls. Sheriff's Office;
To George Wood Clothing, $121.88 for Uniforms for the Fire Marshall's office.

Move to approve the amended Bill Report by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0294

ITEM 14 LEGAL

14.C) Approval of: a) the Project for Road Construction and b) the Interlocal Cooperation Agreement
between the City of Sanger and Denton County, Texas, for Road Construction - County Judge.

Move to approve by Comm. Krueger with a friendly amendment that the funds come from Precinct One, Special Projects Fund, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0295

14.D) Approval of Inducement Agreement between the City of Sanger, Denton County, Texas, and Wal-Mart Stores, Inc. - County Judge.

Move to approve by Comm. Krueger, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0296

COMMISSIONER KREUGER STEPPED OUT OF THE COURTROOM

ITEM 5 PURCHASING

5.G) Approval of specifications and authority to advertise for the Denton County Courts Building, Drywall, Bid #06-00-1376, and any appropriate action - County Judge.

5.H) Approval of specifications and authority to advertise for Denton County Courts Building, Masonry, Bid #06-00-1374, and any appropriate action - County Judge.

5.I) Approval to reject all bids for Denton County Courts Building, Masonry, Bid #05-00-1343, and any appropriate action- County Judge.

5.J) Approval of award for Denton County Courts Building, Fire Protection, Bid #05-00-1362, to CBS Mechanical, Inc. for $57,400, and any appropriate action - County Judge.

5.K) Approval of award for Denton County Courts Building, Mechanical & Plumbing, Bid #05-00-1361, to CBS Mechanical, Inc. for $443,992, and any appropriate action - County Judge.

5.L) Approval of award for Denton County Courts Building, Millwork, Bid #05-00-1345, to Howard-McKinney, Inc. for $232,260 plus Alternate #1 Millwork for $8,900 for a total of $241,160, and any
appropriate action - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #00-0297

COMMISSIONER KRUEGER RETURNED TO THE COURTROOM

5.M) Approval of specifications and authority to advertise for Engineering Services for State Highway 121 improvements RFP #05-00-1365, and any appropriate action - Commissioner Precinct #2.

Move to approve by Comm. Jacobs, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0298

ITEM 7 HUMAN RESOURCES

7.B) Approve job description and reclassification of the Paralegal in the Sheriff's Department with corresponding salary adjustments - County Judge. (Briefing 6-6-00)

Move to approve by Judge Wilson, second by Comm. Jacobs.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0299

7.C) Approve a new Court Clerk position for Justice of the Peace, Precinct #2 - County Judge. (Formal 6-6-00)

Move to approve by Judge Wilson with a friendly amendment that this position be reviewed at budget time, second by Comm. Krueger.
Motion Carried 3-2-0 (Armey & Jacobs nay)
Court Order #00-0300

ITEM 6 BUDGET

6.E) Approval of Budget Amendment Request #101750 for Christian Community Action for Appropriations in the amount of $50,000 - County Judge. (Briefing 6-6-00)

Move to approve by Comm. Armey, second by Comm. Krueger.
Motion Withdrawn by Motioner and Seconder.
Return to later in this session.

ITEM 10 SHERIFF

10.A) Approve the Memorandum of Agreement with the Department of Defense Joint Spectrum Center to conduct electromagnetic analysis for placing radio tower on Corp of Engineers property at Lake
Grapevine - County Judge.

Move to approve by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0301

ITEM 13 NON-DEPARTMENTAL

13.D) Approval of Order upon Hearing and granting petition requesting the creation of Denton County Development District No. 5 and appointing temporary directors - County Judge.

Move to approve by Comm. Krueger, second by Comm. Jacobs with the temporary directors being the following: Jeff Krueger, Dave Saxe, Mark Hilz, Kaki Lybbert & Carlos Garcia.
Motion Carried 5-0-0
Court Order #00-0302

13.E) Approve hiring legal counsel to file a brief on behalf of Denton County in support of the legality of county development districts in response to an opinion from a Kaufman County lawyer to the Attorney
General of Texas - Commissioner, Precinct Two.

Move to approve by Comm. Jacobs, second by Comm. Carter with an amendment that the law firm of Leonard Hurt Frost Lilly & Levin will file a brief for the court at no cost to Denton County Commissioners Court.
Motion Carried 5-0-0
Court Order #00-0303

ITEM 16 RECESS

ITEM 17 RECONVENE

ITEM 13 LEGAL

13.F) Approval of payroll deduction option for the Denton County Sheriff's Officer's Association - County Judge.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motioner removed his motion as did the Seconder.
This item was removed and will be reposted.

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.

Move to approve the following Potential Change Orders to Huber, Hunt & Nichols, Inc. for the Joseph A. Carroll Building Remodeling Project: No. 109, an add of $42.415 and No. 110 Revised, an add of $8,763.25 by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0304

12.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

12.C) Approval of any action regarding Denton County boards and committees - Commissioners Court.
Comm. Jacobs announced that she had been appointed by the State of Texas Department of Health to the Commissioners Council on local public health.

ITEM 13 NON-DEPARTMENTAL

13.A) Accept Petition for the Creation of Denton County Fresh Water Supply District No. 8 and set Public Hearing. - County Judge. (Briefing 6-6-00)

Move to approve by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0305

COMMISSIONER CARTER STEPPED OUT OF THE COURTROOM

13.C) Approval of building usage requested by Beverly Ann Marshall for the use of the Carrollton Government Center on June 17, 2000 from 10:00 a.m. until 12:00 p.m. for the purpose of a monthly meeting - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-0-0
Court Order #00-0306

COMMISSIONER CARTER RETURNED TO THE COURTROOM

ITEM 6 BUDGET

6.E) Approval of Budget Amendment Request #101750 for Christian Community Action for Appropriations in the amount of $50,000 - County Judge. (Briefing 6-6-00)

THIS ITEM WILL BE REPOSTED WITH A SERVICE AGREEMENT UPDATED BY THE DISTRICT ATTORNEY, CIVIL DIVISION, ALONG WITH THE POSTING OF A BUDGET AMENDMENT.

ITEM 13 NON-DEPARTMENTAL

13.B) Approve the realignment of Justice of the Peace/Constable Precinct 4 and 7, precinct meter and bounds, Justice Department submittal, office space needs, budget, staffing and equipment, and any appropriate action - Commissioner Precinct Three. (Briefing 6-6-00)

Bill Lewis of Trophy Club asked the court if the towns involved had been given enough time to understand and give their opinion of this realignment.

Comm. Armey presented his scenario for a possible realignment and expansion of the two precincts, 4 & 7.

Comm. Carter would like to delay this expansion decision until budget time and form a workshop to discuss the changes. He presented letters to the court from the towns involved and pointed out that the town of Argyle would be split.

Judge French spoke in favor of the realignment due to the growth in the southern half of the county.

Constable Barrow also spoke in favor of the realignment.

WILL RETURN TO THIS ITEM AGAIN IN THIS SESSION

ITEM 4 COUNTY AUDITOR

Captain Powell of the Sheriff's Department respectfully asked the court if they could return to this item in regards to Item 10A of this agenda. The Memorandum of Agreement was approved but payment of $17,600 was not approved and added to the Bill Report.

Move to approve an addition to the Bill Report of a payment of $17,600 to the Department of Defense Joint Spectrum Center by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0307

ITEM 13 NON-DEPARTMENTAL

13.B) Approve the realignment of Justice of the Peace/Constable Precinct 4 and 7, precinct meter and bounds, Justice Department submittal, office space needs, budget, staffing and equipment, and any appropriate action - Commissioner Precinct Three. (Briefing 6-6-00)

Move to approve by Comm. Armey that the court direct the District Attorney, Civil Division, to prepare documents to be sent to the Justice Department for the realignment of Precincts 4 & 7 and direct the Budget Office to evaluate the funding for the proposed realignment, second by Comm. Carter.
Comm. Krueger asked that the process wait until budget time.
Comm. Jacobs reminded the court that it is breaking a promise to not dissolve the precinct and why not wait until the census figures are in and look at redistricting all precincts at one time.
Motion and Seconder withdrew their motion.

Move to approve the elimination of Precinct 7 by Comm. Armey, second by Comm. Carter.
Motion Carried 2-1-2 (Krueger nay, Jacobs & Carter abstain)
Court Order #00-0308

ITEM 16 RECESS

ITEM 17 RECONVENE

COMM. JACOBS AND COMM. KRUEGER ARE ABSENT FROM THE REMAINDER OF COURT.

ITEM 15 EXECUTIVE SESSION
DISTRICT ATTORNEY, CIVIL DIVISION, INFORMED THE COURT THAT THERE WAS NO REASON TO MEET IN EXECUTIVE SESSION.

ITEM 13 NON-DEPARTMENTAL

13.B) Approve the realignment of Justice of the Peace/Constable Precinct 4 and 7, precinct meter and bounds, Justice Department submittal, office space needs, budget, staffing and equipment, and any appropriate action - Commissioner Precinct Three. (Briefing 6-6-00)

RETURN TO THIS ITEM FOR CLARIFICATION: COMM. ARMEY ADVISED THE COURT THAT THE EFFECTIVE DATE OF THE ELIMINATION OF PRECINCT 7 WOULD BE THE EARLIEST DATE AS ALLOWED BY LAW, EITHER AFTER JUSTICE DEPARTMENT APPROVAL OR WHATEVER THE ELECTION CODE STIPULATES.

ITEM 18 ADJOURNMENT

Move to adjourn by Comm. Carter, second by Comm. Armey.
Motion Carried 3-0-0

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