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.

January 23, 2001

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 23rd day of January, 2001, with Judge Scott Armey presiding. Commissioners Carter, Mitchell, Jacobs & White were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by the Reverend Jack Howard of the Full Gospel Church, Denton, Texas, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Gary Beal of the Full Gospel Church.

Reverend Howard: Heavenly Father, we seek Your wisdom and directions in all matters that will take place within the walls of this courtroom this week. We ask You to fill it with Your presence. We ask You to minister to these men and women of whom both You and the people of Denton County have elected to take care of the business that affect us all and in all their decisions that will affect each one that will stand before them for a ruling. May it be just and fair to all. We also thank You, Heavenly Father, for giving us Judges who are not afraid to ask for blessings and guidance from a higher power and authority. Minister to them individually and as a whole. Heavenly Father, for granting us favor of this petition, we will ever be careful to give You the praise and honor and glory. In Jesus' name, Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA (Items 8.A & 11.C pulled for further discussion)

COUNTY AUDITOR

5.B) Approval of an order finding that: (1) excess funds in the amount of $82,500 from interest earnings are available in the 1999 Road Bond Project Fund; (2) excess funds are not needed to fund any of the projects originally listed in the bond documentation; and (3) excess funds in the amount of $82,500 are allocated to the ITS Transportation Enhancement Contract Project for fiscal year 2001 - County Judge. (Briefing 1-116-01)

PURCHASING

6.B) Approval of renewal of Temporary Personnel Service, RFP #10-99-1256, to Express Personnel Service as the primary agency, and Triangle Temporaries as the secondary agency and any appropriate action - County Judge. (Briefing 11-16-01)

BUDGET

7.B) Approval of Budget Amendment Request #100640 for Bilingual Incentive Pay/Benefits and Language Proficiency including the creation of new line items for Various County Departments in the amount of $32,137. (Briefing 1-16-01)

7.C) Approval of Budget Amendment Request #100660 for various line items including the creation of a new line item for county purposes in FY 2000-2001 for the Courthouse Museum in the amount of $3,688 - County Judge. (Briefing 1-16-01)

7.D) Approval of Budget Amendment Request #100670 for Postage Machine Lease Payments and the creation of a new line item for county purposes for FY 2000-2001 for the County Clerk in the amount of $14,850 - County Judge. (Briefing 1-16-01)

7.E) Approval of Budget Amendment Request #100680 to transfer funds from Non-Departmental Unappropriated Contingency to computers for the 362nd District Court in the amount of $3,400 - County Judge. (Briefing 1-16-01)

HUMAN RESOURCES

8.B) Approve revision to Policy #6.4-Incentive Pay - County Judge. (Briefing 1-16-01)

COUNTY CLERK

11.A) Approve the minutes for December 27, 2000, Formal Session - County Judge.

11.B) Approve the minutes for January 1, 2001, Swearing-In Ceremony & Formal Session - County Judge.

SHERIFF

12.A) Approve the Interlocal Cooperation Agreement for Patrol Services with Shady Shores - County Judge. (Briefing 1-16-01)

12.B) Approve the Interlocal Cooperation Agreement for Domestic Animal Control Services with the City of Lakewood Village - County Judge. (Briefing 1-16-01)

OTHER DEPARTMENTS

13.C) Approval of building usage requested by UNT, Jessica Wrenn for the use of the 1896 Room on the following dates: February 13, 20, 27, March 6, 13, from 9:30 a.m. until 11:30 a.m.; April 3, 10, 17, 24, and May 1, from 7:00 p.m. until 9:00 p.m. for the purpose of UNT Minicourse entitled, "Genealogy for Beginners, The Quest" - County Judge. (Briefing 1-16-01)

13.D) Approval of building usage requested by Catherine Morella, Denton Mail Street Association, for the following dates and times:

1. February 27, 2001, from 5:00 p.m. until 8:30 p.m., for Courthouse Lawn for the purpose of Mardi Gras on Main Street;
2. May through October 2001, every Saturday, from 9:00 a.m. until 12:00 p.m., Courthouse Lawn, for the purpose of Acoustic Lawn Jam;
3. May through June, every Thursday, from 5:30 p.m. until 8:30 p.m., Courthouse and Lawn, for the purpose of Thursday Twilight Tunes;
4. June 9, 2001, from 7:00 a.m. until 6:00 p.m., Courthouse and Lawn, for the purpose of Dog Days of Summer Celebration;
5. September 29, 2001, form 7:00 a.m. until 7:00 p.m., Courthouse, Lawn, Conference Room and 1896 Room, for the purpose of Arts, Antiques, and Autos Extravaganza - County Judge. (Briefing 1-16-01)

LEGAL

14.B) Approval of the Trade Contract Agreement No. 90-9524/Bid No. 01-00-1297 between Denton County and Ellis M. Skinner, Company, regarding the construction of the Pre-Trial Center, Enforcement Center, Kitchen Expansion, Canopy Addition and Security - County Judge. (Briefing 1-16-01)

14.C) Approval of Interlocal Cooperation Agreement between Denton County, Texas and the Lake Cities Library for Library Services - County Judge. (Briefing 1-16-01)

14.D) Approval of Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of The Colony - County Judge.

Move to approve the Consent Agenda with the exception of Items 8.A & 11.C by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0039

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

ITEM 4 PUBLIC HEARINGS

ITEM 5 COUNTY AUDITOR

5.A) 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.)

CORRECTIONS TO THE GENERAL FUND:

$36,604.35 to the City of Flower Mound for Ambulance, issued for $18,302.00;
$3,194.00 to the Krum Public Library, issued for $1,597.00;
$29,026.24 to the Lake Cities Fire Dept., issued for $14,513.00;
$5,430.00 to the City of Pilot Point for Library, issued for $2,715.00;
$8,464.00 to the Sanger Public Library, issued for $4,232.00;
$270,370.94 to the City of Denton for Ambulance, issued for $135,185.50;
$3,875.00 to the Aubrey Area Library, issued for $1,937.50;
$1,078.00 to the City of Ponder for Library, issued for $539.00;
$51,196.60 to the Lewisville Fire Dept., issued for $25,599.50.

ADDITIONS:

To the General Fund, Sheriff's Office, $250.00 to Larry Kish for Tobacco Buy Money;
To the General Fund, Operations, $50.00 to the City of Lewisville for a test for Ed Robert;
To the General Fund, Tax Office, $9,275.00 to Compass Print & Mail for Tax Statement Prep;
To R&B, $4,883.00 to the State Comptroller for Diesel Fuel Taxes, Qtr 12-31-00;
To Public Health, $1,762.12 to Pharmacia & Upjohn for Provera;
To the DA, Ch 59, $446.00 to the District Clerk of Denton County for Court Costs for R. Davis;
To the DA, Ch 59, $6,698.89 to the Tx. Dept. of Public Safety for forfeiture for R. Davis.

Move to approve the Bill Report, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 4-1-0 (Jacobs nay)
Court Order #01-0040

ITEM 6 PURCHASING

6.A) Approval of exemption from bidding for a generic non-propriety control system for the elevators at the Denton County Courts Building under the provisions of Section 262.024(a)(2) of the Local Government Code, and any appropriate action - County Judge.

DELAY DISCUSSION UNTIL AFTER EXECUTIVE SESSION (ITEM WAS PULLED)

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #100740 for Computer Supplies for Criminal District Attorney DWI Prosecution Grant in the amount of $669 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0041

ITEM 8 HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (The appointments for January 23, 2001 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: Phyllis Randolph-Pearce, Secretary/CSCD; James Evans, Field Mechanic/Centralized Road & Bridge; Glen Fisk, Bailiff/Sheriff; Walter Brewer, Detention Officer I/County Jail; Chad Jefferson, Juvenile Detention Officer/Juvenile Detention; Emma Guzman, Misdemeanor Prosecutor II/Criminal District Attorney; Natasha Adkins, Intern/CHOS Museum Tourist & Preservation Grant.

8.A-1) Move to approve Items 8.A 3-6 and 9-11 by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0042

8.A-2) Move to approve 8.A-1, 2 & 8: Holly Rogers, Fixed Asset Manager/Purchasing; Ernest Shockley, Driver Equipment/Operator/Centralized Road & Bridge; Kevin Trent White, Juvenile Corrections Officer/Juvenile Post Adjudication, with an effective date being the day favorable drug test results are received by the county, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0043

ITEM 9 HEALTH

ITEM 10 PUBLIC WORKS

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

NO ACTION

10.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

ITEM 11 COUNTY CLERK

11.C) Approve the minutes for January 9, 2001, Formal Session - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-1 (Carter abstained)
Court Order #01-0044

ITEM 12 SHERIFF (See Consent Agenda)

ITEM 13 OTHER DEPARTMENTS

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

NO ACTION

13.B) Approval of any action regarding the 77th Legislative Session - Commissioners Court.

Dr. Bing Burton, Director of the Denton County Health Department, presented two Legislative Policy Statements relating to Senate Bill 156 and 43: the consideration of assets and resources in determining Medicaid eligibility for children, and simplifying the certification process for children
who need medical assistance.

RETURN TO AFTER BRIEFING SESSION

13.E) Acceptance of the Denton County Historical Commission 2000 Annual Report - County Judge.
(Briefing 1-16-01)

Move to accept by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0045

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.

NO ACTION

14.H Approval of the Trade Contract Agreement No. 90-9435/Bid No. 05-00-1342 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.

14.I) Approval of the Trade Contract Agreement No. 90-9656/Bid No. 05-00-1364 between Denton County and Engineered Air Balance Co., Inc. for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge.

14.J) Approval of the Trade Contract Agreement No. 90-9566/Bid No. 05-00-0354 between Denton County and TBS, Inc. for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge.

14.K) Approval of the Trade Contract Agreement No. 90-9577/Bid No. 09-00-1391 between Denton County and Metroplex Control Systems for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge.

14.L) Approval of the Trade Contract Agreement No. 90-9581/Bid No. 05-00-1357 between Denton County and Communication Concepts for the Denton County Courts Building, partial 4th floor build-out and partial lower level build-out - County Judge.

Move to approve Items 14.H through 14.L by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0046

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

Court Convened in Executive Session
Court Reconvened in Formal Session

15.A) Real Property: Texas Government Code, Section 551.072: Real Property - 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): ATC Associates, Inc., (formerly ATEC Associates, Inc.), David Baldwin, Inc., Landscaping, CCRD Partners Professional & Consulting Engineers, Phillips Swager & Associates, Thornton-Tomasetti Engineers (formerly Ellisor & tanner, Inc.), JRJ Paving, Inc., Landscape Design & Construction, Hunt Construction Group (formerly Huber Hunt & Nichols), Pacheco Koch, and R.C. Small & Associates regarding the Denton County Courts Building - County Judge.

15.E) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. KONE, Inc., formerly known as Montgomery KONE, Inc., d/b/a Texas KONE, Inc. - County Judge.

NO ACTION ON ITEMS 15.A, C, D & E

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

Move to approve the revisions to the Denton County Operation Plan, as amended, by Comm. Jacobs, second by Judge Armey.
Motion Carried 5-0-0
Court Order #01-0047

15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Mike D. Ledbetter v. Don Windle, pending in the 116th Judicial District Court of Dallas County, Texas, Cause Number 01-00308 - County Judge.

Move to assign this Pending Litigation to the Civil Division of the Criminal District
Attorney's Office by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0048

15.G) Consultation with Attorney: Contemplated Litigation. Texas Government Code, Section 551.071 (1) (A); Denton County v. Carole Keeton Rylander, Texas Comptroller of Public Accounts - County Judge.

Move to approve the counter offer submitted by the Comptroller of Public Accounts by
Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0049

ITEM 14 LEGAL

14.E) Approval of Contract for Architectural Services between Denton County and ARCHITEXAS-Architecture, Planning and Historic Preservation, Inc. - County Judge.

Move to approve by Comm. White, second by Judge Armey.
Motion Carried 3-2-0 (Jacobs & Mitchell nay)
Court Order #01-0050

14.F) Approval of a Funding Agreement between the Texas Historical Commission and Denton County, Texas, for Engineering Services for the Restoration of the Courthouse-on-the-Square and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0051

14.G) Approval of a Grant of Easement between the Texas Historical Commission and Denton County, Texas, for the Restoration of the Denton County Courthouse-on-the-Square and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0052

ITEM 13 OTHER DEPARTMENTS

13.B) Approval of any action regarding the 77th Legislative Session - Commissioners Court.

13.B-1) Move to approve a Legislative Policy Statement for the 77th Legislative Session regarding Consideration of Civil Statutory Court to be the Denton County Civil Court by Comm.
Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0053

13.B-2) Move to approve a Legislative Policy Statement for the 77th Legislative Session regarding the Equitable Funding Among Texas Communities for Persons with Serious Mental Disabilities by Comm. Jacobs, second by Judge Armey.
Motion Carried 5-0-0
Court Order #01-0054

13.B-3) Move to approve a Legislative Policy Statement for the 77th Legislative Session regarding a Permanent Veterans Health Care Fund by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0055

ITEM 18 ADJOURNMENT

Move to adjourn by Comm. Mitchell, 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.