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.

November 28, 2000

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 28th day of November, 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 John Yeatts from the Living Hope Fellowship Church, Denton, Texas, followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Georgia Caraway, Director of the Courthouse on the Square Museum.

Pastor Yeatts: Our Father, who art in Heaven, hollowed be Thy name. Thy Kingdom come, Thy will be done, on earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive those who trespass against us. Lead us not into temptation but deliver us from evil for Thine is the Kingdom, the Power and the Glory forever. Amen.

ITEM 2 PUBLIC INPUT

Chief Jimmie Vann, Administrative Chief for the Mayhill-Cooper Creek Volunteer Fire Department, thanked this Commissioners Court for being the most responsive court ever for the emergency services of Denton County.

ITEM 3 CONSENT AGENDA (Items 5D & 7A were pulled)

PURCHASING

5.A) Approval of renewal for Medical Supplies, Bid #11-98-1193, to Bergen Brunswig Medical Corp. and any appropriate action - County Judge. (Briefing 11-21-00)

5.B) Approval of renewal for Corrugated Metal Pipe, Bid #10-99-1263, to Texas Steel Culvert Co., Inc., and any appropriate action - County Judge. (Briefing 11-21-00)
5.C) Approval of acceptance of report of proceeds from Miscellaneous Computer Equipment Surplus Sale opened on October 30, 2000 and approval to donate unsold items to Texas Correctional Industries - County Judge. (Briefing 11-21-00)

BUDGET

6.A) Approval of renewal for Medical Supplies, Bid #11-98-1193, to Bergen Brunswig Medical Corp. and any appropriate action - County Judge. (Briefing 11-21-00)

6.B) Approval of renewal for Corrugated Metal Pipe, Bid #10-99-1263, to Texas Steel Culvert Co., Inc., and any appropriate action - County Judge. (Briefing 11-21-00)
6.C) Approval of acceptance of report of proceeds from Miscellaneous Computer Equipment Surplus Sale opened on October 30, 2000 and approval to donate unsold items to Texas Correctional Industries - County Judge. (Briefing 11-21-00)

6. D) Approval of specifications and authority to advertise for a Request for Qualifications for a Denton County Facilities Master Plan, RFQ 10-2000, appointment of Evaluation/Steering Committee, and any appropriate action - County Judge. (Briefing 11-21-00)

6.E) Approval of Budget Amendment Request #100330 for Computers for DWI Prosecution Grant in the amount of $1,400 - County Judge. (Briefing 11-21-00)

HUMAN RESOURCES

7.B) Approve a new Switchboard Operator position, Public Health Department - County Judge. (Briefing 11-21-00)

PUBLIC WORKS

8.A) Final Plat for Rayzor Road Addition, Prct. 4 - County Judge.

8.B) Approve Final Plat for Babs Addition, Prct. 1 - County Judge.

8.C) Approve Final Plat for Lantana Trail Addition, Prct. 4 - County Judge.

NON-DEPARTMENTAL

10.A) Approval of Building Usage requested by Lee Keith, for the use of the Commissioners Courtroom, 1896 Room & Conference Room for January 21, 2001, from 12 p.m. until 5 p.m. for the purpose of the American Legion - County Judge. (Briefing 11-21-00)

10.B) Approval of Rynell S. Novak, PH.D, for Appointment to the Denton County Historical Commission - County Judge. (Briefing 11-21-00)

LEGAL

11.B) Approval of the Trade Contract Agreement No. 90-9604/Bid No. 07-00-1385 &1386 between Denton County and Sanders Industries, Inc. for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge. (Briefing 11-21-00)

11.C) Approval of the Trade Contract Agreement No. 90-9412/Bid No. 05-00-1338 between Denton County and Calvert Paving Corporation for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge. (Briefing 11-21-00)

11.D) Approval of Service Agreement between Denton County and Denton Family Resource Center - County Judge. (Briefing 11-21-00)

11.E) Approval of Service Agreement between Denton County and AIDS Services of North Texas - County Judge. (Briefing 11-21-00)

11.F) Approval of Service Agreement between Denton County and Denton County MHMR - County Judge. (Briefing 11-21-00)
11.G) Approval of Services Agreement between Denton County and Interfaith Ministries - County Judge. (Briefing 11-21-00)

Move to approve Consent Agenda with the exception of Items 5D & 7A by Comm. Krueger, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0740

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.)

DELETION from Texas Narcotics Control Program (TNCP), $1,800.00 to Ken Hodge Custom Homes, delete per department.

The following are deletions from Jail Expansion due to duplicate payments:

$132,585.41 to Boggs Electric Company,
$107,098.00 to Willo Products,
$256,147.55 to R3M, Inc.
$192,479.43 to Wilks Masonry Corporation,
$52,369.51 to Basden Steel Corp.,
$44,104.00 to Performance Door & Hardware,
$3,467.00 to Lewisville Waterproofing, Inc.,
$127,452.95 to CBS Mechanical, Inc.

ADDITION to the TNCP, $213.12 to Texaco for gasoline.

Move to approve Bill Report, as amended, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0741

ITEM 7 HUMAN RESOURCES

7.A) Approval of Order Making Appointments. (The appointments for November 28, 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: Phillip Boudreaux, Sergeant-Bonds/Records/County Jail; Patricia Chapmond, Buyer/Purchasing; John Biggins, Misdemeanor Prosecutor I/Criminal District Attorney; Mary Postorious, Family Law/Domestic Violence Intern/DA/VAWA Intern Project Grant; Laurel Tidwell, Legal Intern/DA/DWI Prosecution Unit.

Move to approve 7A-3,4,5,6 & 8 by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0742

7.A-1) Approval of the promotion of James Gibbs in Centralized Road & Bridge.

RETURN TO LATER IN THIS SESSION

7A-7) Approval of the promotion of Tracey Coin to County Criminal Court #4.

RETURN TO LATER IN THIS SESSION

7.C) Approve changes to the Road and Bridge Manager position in the Public Works Department and any appropriate action - County Judge.

Move to approve the Road & Bridge Manager Position at a Grade 33 with the Public Works Director continuing to hold the position of Road Supervisor by Comm. Jacobs, second by Comm. Krueger.
Motion Carried 4-1-0 (Armey nay)
Court Order #00-0743

7.A-1) Approval of the promotion of James Gibbs in Centralized Road & Bridge.

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Withdrawn for posting of the job announcement.

ITEM 9 STANDING ITEMS

9.A) Approval of any appropriate action regarding project development, construction progress, and change orders to Denton County Building Projects - Commissioners Court.

9.A-1) Approval of Change Order No. 4 for the Denton County Medium Security Barracks to Weathers Construction for unused allowances and credit for two (2) HVAC damper motors for a total credit of $1,109.24 by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0744

9.A-2) Approval of three (3) Potential Change Orders for the Medium Security Barracks: PCO #9, Install Fencing for $23,267; PCO #12, Fire Protection System for $12,948 and PCO #21, Automated Smoke Removal for $949 for a total of $37,164 by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0745

9.A-3) Approval of six (6) Potential Change Orders for the Pretrial Center and one (1) for the Enforcement Center: PCO #1, $57,260, for Exercise Yard Steel Canopies; PCO #4, $22.391 for adding three additional Pull Boxes; PCO #13, $16,643 for Multi-Purpose Room; PCO #20, $0 for Jagoe Change of Scope for Pre-trial & Enforcement Centers; PCO #23, $11,602 for revised storm drains; PCO #30, $5,917 for Sanitary Line Tie-in and PCO #31, $824 for a Receptionist's Window in the Enforcement Center by Comm. Armey, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0746

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

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

NO ACTION

9.D) Approval of any action regarding the 77th Legislative Session - Commissioners Court.

NO ACTION

9.E) Discuss and review of the projects that are being recommended for Certificates of Obligation or Tax Notes, including and not limited to JJAEP, Master Plan, 4th floor of the New Courts Building, Food Lion Building and any appropriate action - Commissioners Court.

WILL RETURN TO THIS ITEM AFTER EXECUTIVE SESSION

ITEM 10 NON-DEPARTMENTAL

10.C) Approval of Petition Requesting the Creation of Denton County Fresh Water Supply District No. 11 and adopt Order Accepting Petition for Creation of Denton County Fresh Water Supply District No. 11 - County Judge. (Briefing 11-21-00)

Move to approve by Comm. Krueger, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0747

10.D) Approval of Denton County Policy on Debt Creation - Commissioner Precinct #4. (Briefing 11-21-00)

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Withdrawn.
Will return to this item later in the session.

10.E) Approval of a Petition Requesting the Addition of and Exclusion of Land from the Denton County Development District #8 and any appropriate action - Commissioner Pct. #1. (Briefing 11-21-00)

Move to approve by Comm. Krueger, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0748

ITEM 11 LEGAL

11.H) Approval of site designation, staffing and all related matters to facilitate the continuation of a court for Judge Arnold at the location previously used for Justice of the Peace Precinct No. 7 - County Judge. (Briefing 11-21-00)

Move to approve with an extension for this office until December 31, 2000 by Comm. Armey, second by Comm. Krueger.
Motion Carried 5-0-0
Court Order #00-0749

11.I) Approval of the Trade Contract Agreement No. 90-9483 between Denton County and Williams Insulation Trade Contract for the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security Enhancements of the Sheriff's Department - County Judge.

Move to approve by Comm. Carter, second by Comm. Armey.
Motion Carried 5-0-0
Court Order #00-0750

11.J) Approval of Extension and Amendment of the Contract for Engineering Services between Denton County, Texas and Halff Associates, Inc., for Litsey Road - County Judge.

Move to approve the contract with the funding coming from the 1999 bond issue by Comm. Carter, second by Judge Wilson.
Motion Carried 5-0-0
Court Order #00-0751

11.P) Approval of the Agreement between Denton County, Texas and Halff Associates, Inc., for Engineering Service for Alignment of the Lewisville Bridge Corridor Project - County Judge.

Move to approve by Judge Wilson, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0752

11.K) Acceptance of the resignation from office of Kirk Wilson, Denton County Judge, effective December 1, 2000 - County Judge.

Move to approve by Comm. Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #00-0753

11.L) Acceptance of resignation from office of Scott Armey, Denton County Commissioner Precinct #3, effective December 1, 2000 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0754

11.N) Approve appointment of Bobbie Mitchell to the office of Denton County Commissioner Precinct #3 - County Judge.
This action postponed until December 1, 2000.

11.M) Approval of Bonds and Oaths for the Honorable Scott Armey, Denton County Judge Elect and Honorable Bobbie Mitchell, Commissioner Precinct #3 - County Judge.

Move to approve the bonds by Judge Wilson, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0755

11.O) Approval of the Contract between Denton County, Texas and Flatiron Cambria I, L.P., and Denton County regarding the purchase of the Vacant Food Lion Store 1505 E. McKinney, Denton, Texas and any appropriate action - County Judge.

Move to approve by Comm. Armey, second by Comm. Krueger.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #00-0756

ITEM 9 STANDING ITEMS

9.E) Discuss and review the projects that are being recommended for Certificates of Obligation or Tax Notes, including and not limited to JJAEP, Master Plan, 4th floor of the New Courts Building, Food Lion Building and any appropriate action - Commissioners Court.

Move to approve the inclusion of $1,450,000.00 in the currently scheduled Bond Sale for the
funding of the purchase price of the vacant Food Lion Building on McKinney Street in
Denton, Texas by Judge Wilson, second by Comm. Armey.
Motion Carried 3-0-1 (Krueger absent and Jacobs abstained)
Court Order #00-0757

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. Carter, second 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.

NO ACTION

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

NO ACTION

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

12.D) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A): Save Our Sanger, an unincorporated association v. Commissioners Court of Denton County, Commissioner Jeff Krueger, Commissioner Sandy Jacobs, Commissioner Scott Armey, and Commissioner Jim Carter, Cause No. 2000-50212-367 in the 367th Judicial Court of Denton County, Texas - County Judge.
NO ACTION

12.E) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code Discuss potential litigation re: Claim of David Green - County Judge.

Move to assign this claim to the District Attorney, Civil Division, by Comm. Armey,
second by Comm. Carter.
Motion Carried 5-0-0
Court Order #00-0758

12.F) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code McBrayer v. Denton County; In the U.S. District Court for the Eastern District of Texas, Sherman Division Case no. 4:00cv285 - County Judge.

NO ACTION

ITEM 5 PURCHASING

5. D) Approval of specifications and authority to advertise for a Request for Qualifications for a Denton County Facilities Master Plan, RFQ 10-2000, appointment of Evaluation/Steering Committee, and any appropriate action - County Judge. (Briefing 11-21-00)

Move to approve RFQ as amended with Comm. Carter being the liaison between the court and the committee by Comm. Armey, second by Comm. Jacobs.
Motion Carried 4-0-1 (Carter abstained)
Court Order #00-0759

ITEM 7 HUMAN RESOURCES

7.A-7) Move to approve the Order Making Appointment at Step Four for Tracey Coin, Court Administrator for County Criminal Court #4 by Comm. Krueger, second by Judge Wilson.

Motion Withdrawn

7.A-7) Move to approve the Order Making Appointment at Step Three for Tracey Coin, Court Administrator for County Criminal Court #4 by Comm. Krueger, second by Judge Wilson.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order #00-0760

ITEM 10 NON-DEPARTMENTAL

10.D) Approval of Denton County Policy on Debt Creation - Commissioner Precinct #4. (Briefing 11-21-00)

Move to approve a policy, effective January 1, 2001, by Comm. Carter, second by Comm. Armey.
Motion Carried 4-1-0 (Krueger nay)
Court Order #00-0761

ITEM 15 ADJOURNMENT

Move to adjourn by Judge Wilson, second by Comm. Krueger.
Motion Carried 5-0-0

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