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.

February 13, 2001

Be it remembered that Commissioners Court of Denton County, Texas, met on this the 13th day of February, 2001, with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Bobbie J. Mitchell, Jim Carter and Cynthia White were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Hank Scheible, Veterans Service Officer, and was followed by the Pledges of Allegiance to the American Flag and the Texas Flag led by Shala Geer, Director of Administration for the County Judge's Office.

Mr. Scheible: Most gracious Heavenly Father, we come before You this morning just praising Your name and asking You to make us aware of Your presence in our midst, for Your promise that where two or more are gathered, there You will be also. We thank You that we can meet together in a free country with elected officials whom we chose to make decisions about our government. Father, we ask You to bless our leaders because You've told us to watch out for them and to pray for them. We lift up each of those on the court this morning that the decisions that they make will be in order with Your word and Your concerns for us. Father, we just praise You and lift You up this morning thanking You for this opportunity we have together and to perform our governmental tasks today. In Christ's name we pray, Amen.

ITEM 1 PUBLIC INPUT

Bill Walker of Hillwood Developments and Mike Berry, President of Hillwood Properties, presented an Economic, Employment and Tax Revenue Impact Analysis for Alliance, Texas, including Fort Worth Alliance Airport, Circle T Ranch and Heritage Developments.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Certificate of Achievement for Excellence in Financial Reporting in 1999 - County Judge.

Move to approve this honor for James Wells, Denton County Auditor, by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0075

ITEM 13 OTHER DEPARTMENTS

13.G) Approve resolution opposing construction and operation of an asphalt plant on Masch Branch Road in Denton County - Commissioner Precinct #4.

The following citizens voiced their approval of the resolution to oppose the construction and operation of an asphalt plant on Masch Branch Road: Dale Yeatts, Marshall Smith, Lurlene Mayo, Richard Rafes, Linda Hartman, Ed Soph, Sharon Copeland, Howard Watt, Ray Roberts & Mrs. Austin Baker.

Move to approve resolution, as amended, by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0076

ITEM 2 CONSENT AGENDA (Items 14.B & E and 11.A were pulled)

PURCHASING

6.A) Approval of renewal for Elevator Maintenance, Bid #01-99-1199, To B & B Elevator Co. Inc., and any appropriate action - County Judge. (Briefing 02-06-01)

6.B) Approval of award of bid for Jail Expansion - Plastic Laminate Bunk Dividers, Bid #12-00-1399, to Charles F. Williams Co. Inc., for $43,519.00, and any appropriate action - County Judge. (Briefing 02-06-01)

6.C) Approval of award of bid for Jail Expansion - Space Saver Storage System & Evidence Storage Lockers, Bid #11-00-1398, to Southwest Solutions Group for $43,007.00, and any appropriate action - County Judge. (Briefing 02-06-01)

6.D) Approval of award of bid for Jail Expansion - Wire Baskets & Gym Lockers, Bid #11-00-1397, to Southwest Solutions Group for $50,116.00, and any appropriate action - County Judge. (Briefing 02-06-01)

BUDGET

7.A) Approval of Budget Amendment Request #100780 for New Instruments for Telephone Department in the amount of $550 - County Judge. (Briefing 02-06-01

7.B) Approval of Emergency Budget Amendment Request, #100800 for Repair and Maintenance for Courthouse Annex-Probation in the amount of $19,000 - County Judge. (Briefing 02-06-01)

HUMAN RESOURCES

8.A) Approval of Order Making Appointments. (Appointments have been posted and advertised. 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 constraints.) The following Order Making Appointments were approved: Mike Arrellano, Driver-Equipment Operator/Centralized R&B; Nathan Bayer, Driver-Equipment Operator/Centralized R&B; David Bolte, Driver-Equipment Operator/Centralized R&B; Jimmy Cross, Heavy Equipment Operator/Centralized R&B; Kristy Anderson, Detention Officer II/Medical/Jail Health; Chad Gray, Detention Officer I/County Jail.

COUNTY CLERK

11.B) Approve the minutes for January 30, 2001, Formal Session - County Judge. (Briefing 02-06-01)

SHERIFF

12.A) Approval of accepting a gift of two Physio-Control Life Pack 5 Cardiac Monitor Defibrillators and associated support equipment - County Judge. (Briefing 02-06-01)

OTHER DEPARTMENTS

13.C) Approval of Payroll - County Judge.

13.D) Approval of building usage requested by Colleen Kelly for the use of the Courthouse Lawn for Saturday, March 17, 2001, from 3:30 p.m. until 4:30 p.m. for the purpose of a wedding and exchanging vows - County Judge. (Briefing 02-06-01)

13.E) Approval of building usage requested by Robin Coe, Rosemeade Heights Crime Watch, for the use of the Carrollton Government Center Community Room, for February 14, 2001, from 7 pm until 9 pm for the purpose of a Crime Watch Meeting. - County Judge. (Briefing 02-06-01)

LEGAL

14.C) Approval of Services Agreement for Internet Services between General Services Commission and Denton County - County Judge. (Briefing 02-06-01)

14.D) Approval of Interlocal Cooperation Agreement for Library Services between Denton County and the City of The Colony - County Judge. (Briefing 02-06-01)

Move to approve Consent Agenda with the exception of Items 11.A, 14.B, and 14.E by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0077

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 Juvenile, $103.96 to Gall's for returned Merchandise;
From General Fund, $67.50 to the Ft. Worth Star Telegram, voided per department.

ADDITIONS TO THE GENERAL FUND:

To Judicial & Court Support, $128.56 to Dugan Broomfield for witness expenses/Novak;
To the District Attorney, $445.40 to Omni/Austin Southpark for lodging for Parmer/Peugh;
To the DA/Civil Division, $125.00 to the State Bar of Texas for registration fee for D. Finney;
To Tax Office, $75.00 to Denton County Day for registration fee for Mary Horn;

ADDITIONS:

To R&B, $17,463.60 to Northstar Bank of Texas/Seneca for bridge reconstruction;
To TJPC, $200.00 to Connie Bell for clothes for Juvenile/Job Search;
To the 4th Floor renovation, $24,924.00 to Sanders Industries, and
$51,015.00 to G-S Company Wire & Iron Works.

Move to approve the Bill Report, as amended, by Comm. Jacobs, second by Comm.
White.
Motion Carried 4-1-0 (Armey, nay)
Court Order #01-0078

ITEM 13 OTHER DEPARTMENTS

13.H) Approval of an order of Denton County, Texas, amending and restating an order of the Denton County Commissioners Court adopted December 5, 2000, Court Order Number: 00-0765, and relating to Denton County, Texas, tax notes for State Highway 121 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0079

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #100870 to transfer funds from Non-Departmental Unappropriated Contingency for Office Machines for County Treasurer in the amount of $2,700 - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0080

ITEM 9 HEALTH

9.A) Approval of contract with VERTEX for Medicaid billing services - County Judge.

Move to approve with the clarification that the contracted fee is 22% of what Vertex is directly responsible for collecting by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0081

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

Matt Reinl, Construction Manager for Hunt Construction, distributed a budget summary to the court for the Pre-trial, Enforcement Center, Kitchen Expansion, Canopy Additions & Security Enhancement Project.

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.

Move to approve a Resolution requesting that the Texas Department of Transportation remove Spur 51 from the State Highway System in its Entirety by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0082

ITEM 11 COUNTY CLERK

11.A) Approve the minutes for January 24, 2001, Formal Session - County Judge.

Move to approve by Comm. Jacobs, second by Judge Armey.
Motion Carried 4-0-1 (Carter abstained)
Court Order #01-0083

ITEM 13 OTHER DEPARTMENTS

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

13.A-1) Move to approve Dick Tedrow to the Lake Ray Roberts Planning & Zoning Commission by Comm. White, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0084

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

13.B-1) Move to approve, as amended, the Legislative Policy Statement regarding Pro-Economic Development Legislation as Supported by the Texas Economic Development Council by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order #01-0085

13.B-2) Move to approve the Legislative Policy Statement, as amended, regarding Juvenile Information Sharing by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0086

13.B-3) Move to approve the Legislative Policy Statement regarding County acquisition of Right of Ways on behalf of Texas Department of Transportation by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0087

13.B-4) Move to approve the Legislative Policy Statement regarding Municipal Annexations of County Roads by Comm. Carter, second by Comm. White
Motion Carried 4-1-0 (Mitchell, nay)
Court Order #01-0088

13.B-5) Move to approve the Legislative Policy Statement, as amended, regarding the State Infrastructure Bank by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0089

13.B-6) Move to approve, as amended, the Legislative Policy Statement regarding Grant Anticipation Revenue Bonds (GARVEE) by Comm. Carter, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0090

13.B-7) Move to approve the Legislative Policy Statement regarding County Development Districts by Judge Armey, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order #01-0091

13.F) Approval of Update on Open Records/Open Meetings Laws and any appropriate action - County Judge.

REPOSTED TO NEXT WEEK'S MEETING

ITEM 14 LEGAL

14.B) Approval of: (A) Resolution Authorizing Participation in the Changing of Signage on Interstate 35W at the Robson Ranch Road/Crawford Road Interchange, Exit 79; and (B) Advance Funding Agreement for Standard Highway Improvements Projects (On-System) between The State of Texas, acting through the Texas Department of Transportation, and Denton County, Texas - County Judge. (Briefing 02-06-01)

Move to approve by Comm. Mitchell, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0092

14.E) Approval of: (1) Exemption from bidding for professional consulting services contract between Providence Service Corporation of Texas and Denton County Juvenile Board; and (2) agreement between Providence Service Corporation of Texas and Denton County for behavioral health services to juveniles under the authority of the Denton County Juvenile Board - County Judge. (Briefing 02-06-01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order #01-0093

14.F) Approval of Master Equipment Lease/Purchase Agreement, Schedule of Property No. 2 and No. 3, between Denton County and Koch Financial Corporation - County Judge.

NO ACTION - ITEM POSTPONED

14.G) Approval of Agreement between County and Engineer between Denton County, Texas, and Carter and Burgess, for Design and Staking of Paving and Drainage on Boyd Road - County Judge.

NO ACTION - ITEM POSTPONED

ITEM 16 RECESS

ITEM 17 RECONVENE

ITEM 13 OTHER DEPARTMENTS

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

13.A-2) Move to appoint Comm. Sandy Jacobs to the Payroll Deduction Committee by Judge Armey, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0094

ITEM 9 HEALTH

9.A) Approval of contract with VERTEX for Medicaid billing services - County Judge.

Move to rescind the action taken earlier - please see Court Order #01-0081 - by Comm. Carter, second by Judge Armey.
Motion Carried 5-0-0
Court Order #01-0095

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. Mitchell.
Motion Carried 5-0-0

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

NO ACTION

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

NO ACTION

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.

NO ACTION

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.

NO ACTION

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

15.F) 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 recommendation of the District Attorney, Civil Division, that the court authorize the County Judge to execute the updated settlement agreement in resolution of this contemplated litigation by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0096

15.G) Consultation with Attorney: Contemplated Litigation. Texas Government Code, Section 551.071 (1)(A): Automated Cable Service - County Judge.

NO ACTION

15.H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); L N W Real Estate, Ltd. V. County of Denton, Texas, Cause Number 2001 - 10032-16, pending in the 16th District Court of Denton County, Texas - County Judge.

Move to assign this Pending Litigation to the District Attorney, Civil Division, by Judge
Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order #01-0097

15.I) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A); Claim by Terese M. Thomas - County Judge.

Move to approve the recommendation of the Director of the Health Department to deny this claim by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order #01-0098

ITEM 18 ADJOURNMENT

Move to adjourn by Comm. White, 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.