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.

April 10, 2001

Be it remembered that Commissioners Court of Denton County, Texas met on this the 10th day of April with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, and Bobbie J. Mitchell were present, along with deputy clerk Kathleen Bransford, when the following proceedings were had, to wit:

Court opened with an Invocation by Lockadee Newland, Chief Administrator for Cynthia White, and was followed by the Pledges of Allegiance to the American and the Texas Flag led by Barbara Gailey, Justice of the Peace for Precinct #5.

Ms. Newland: Dear Heavenly Father, we know You love us unconditionally, and that You want the best for us. We ask that You be with us today and guide and direct us to do our very best for the people of Denton County. Thank You for Your many blessings. Father, we pray for the hostages in China and for all elected officials around the country and around the world, that they will listen and do Your will. Father, please guide us today as we go about the County's business. And we pray for our enemies as You have instructed us to do. And we pray in Jesus' name. Amen.

ITEM 1 PUBLIC INPUT

Dr. Bing Burton, Director of Health, announced the results from the Children's Health Insurance Program (CHIP) in this county.

Jim Heath, Denton, Texas announced that the young man he sponsored won the National championship in speech for the American Legion Post 71 of the American Legion. The young man is Caleb Williams from Lewisville High School and he received $21,000.00 for his accomplishments. This is Mr. Heath's third national winner in six years.

Judge Armey announced birthdays.

ITEM 2 CONSENT AGENDA (Items 8A & 14C pulled for further discussion)

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.C) Approval of specifications and authority to advertise for Pick Up and Delivery of Election Supplies, Bid #03-01-1417, and any appropriate action. (Briefing 04-03-01)
6. D) Approval of award of bid for Pre-Trial Center-Overhead Rolling Steel Doors, Bid #05-00-1335, to Overhead Doors of Ft. Worth for $23,467.00, and any appropriate action. (Briefing 04-03-01)

6.E) Approval of award of bid for Pre-Trial Center-Toilet Partitions and Accessories, Bid #05-00-1337, to Charles F. Williams Co., Inc. for $13,018.00, and any appropriate action. (Briefing 04-03-01)

BUDGET

7.A) Approval of Budget Amendment Request #101170 for Printed Material for Justice of the Peace, Precinct #6 in the amount of $200. (Briefing 04-03-01)

7.B) Approval of Budget Amendment Request #101150 for Contract Labor for Department of Information Services in the amount of $1,704. (Briefing 04-03-01)

PUBLIC WORKS

10.C) Approve the Final Plat for Creekview Addition, Phase II, Precinct One. (Briefing 04-03-01)

10.D) Approve the Final Plat for Vyers Addition, Precinct #4.

COUNTY CLERK

11.A) Approve the minutes for March 27, 2001, Formal Session.

OTHER DEPARTMENTS

13.E) Approval of the reappointment of John Parkin III and Jeff Kappel as Commissioners on the Denton County Rural Fire Prevention District #1 Board of Directors for an additional two year term - Commissioner Precinct One. (Briefing 04-03-01)

13.F) Approval of the appointment of Kenny Bounds as Commissioner on the Denton County Fire Prevention District #1 Board of Directors for an additional two year term to replace Mario Molina - Commissioner Precinct One. (Briefing 04-03-01)

LEGAL

14.B) Approval of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and McLennan County. (Briefing 04-03-01)

14.D) Approval of Modifications to the Contract between Denton County, Texas land the HNTB Corporation for Engineering Services for the proposed FM 2499 Four-lane divided urban arterial from FM 407 in Highland Village north to FM 2181 in Corinth. (Briefing 04-03-01)

Move to approve Consent Agenda with the exception of 8.A & 14.C by Comm. Carter, second by Comm. Mitchell.
Motion Carried 3-0-1 (Jacobs abstains)
Court Order #01-0214

ITEM 5 AUDITOR/TREASURER

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.)

DELETIONS:

From General Fund, $5,110.00 to the Heart of Texas Dodge, per department;
From 1999 CO's, $8,035.00 to Performance Door & Hardware, incorrect amount.

ADDITIONS TO THE GENERAL FUND:

Telephone Dept - $329.32 to Southwestern Bell Telephone for Roanoke WAN Connection;
Jail - $367.25 to the Holiday Inn for Lodging for Randy Starr;
County-wide Tec - $813.73 to General Services Commission for a monthly circuit charge;

ADDITION TO TNCP of $5,324.10 to the Denton County Sheriff's Office for reimbursement of Imprest Fund.

Move to approve the amended Bill Report by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-1-0 (Armey nay)
Court Order #01-0215

PURCHASING

6.A) Approval of renewal of bid for Flexible Base (Grade 1, Type A), Bid #03-99-1201, To Martin Marietta for $3.00 per ton Origin and $8.52 per ton Destination, and any appropriate action. (Formal 03-27-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order #01-0216

6.B) Approval of specifications and authority to advertise for Flexible Base (Grade 1, Type A), Bid #03-01-1416, and any appropriate action. (Briefing 03-27-01)

NO ACTION

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: Brant Livingston, Detention Officer I/County Jail; Danny Bates, Detention Officer I/County Jail; Chad Horn, Detention Officer I/County Jail; Artina Ross, Detention Officer I/County Jail; Evelyn Bradford, Detention Officer I/County Jail; Charlotte McCartney, Communications Officer I/Communications; Cristina Briceno, Deputy Clerk/Recording/Passports/County Clerk; Adrienne Tatum, Court Clerk/JP#5; Lola Barrow, Court Clerk/JP#5; Socorro Aguilar, Juvenile Corrections Officer/Juvenile Post-Adjudication; Andrew Stallings, Juvenile Corrections Officer/Juvenile Post Adjudication; Stephen Salinas, Juvenile Detention Officer/Juvenile Detention; Jabari Howard, Juvenile Detention Officer/Juvenile Detention; Nancy Ashwill, Juvenile Detention Officer/Juvenile Detention; David Johnson, Juvenile Detention Officer/Juvenile Detention; Kathryn Annette Jim, Juvenile Detention Officer/Juvenile Detention; Clinton Pennington, Juvenile Corrections Officer/Juvenile Post Adjudication; Karen Turner, Legal Intern/DA/VAWA Intern Project Grant.

Move to approve all appointments with 8A 1 & 3's approval and start date being contingent
upon receipt by the county of favorable drug test results by Comm. Carter, second by
Comm. Jacobs.
Motion Carried 4-0-0
Court Order #01-0217

ITEM 1 PUBLIC INPUT

Judge Armey announced that he has been appointed by the Governor of Texas to serve on the commission to bring Boeing to Texas.

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.

Move to approve Potential Change Order (PCO) No. 35 for CBS Mechanical to replace valve at holding cell fixture damaged by CBS Company for an add of $298.00; PCO No. 36 for TBS to supply one 36" Grab Bar for the handicap inmate cell for an add of $173.00; and, PCO No. 42 for CBS Mechanical to replace valve at holding cell fixture damaged by G-S Company for a reduction of $298.00 by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #01-0218

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

10.E) Discussion of May 15, 2001, 9:15 a.m. or 7:15 p.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 1, Block B, Breezy Acres, Precinct #4, and any appropriate action.

Move to approve for the 7:15 time by Judge Armey, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0219

ITEM 13 OTHER DEPARTMENTS

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

Move to reappoint Pat Gobble as the County Judge representative, Don White as the
Precinct Four representative and appoint Ronnie Cade as the Precinct Three representative to
the Social Services Committee by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order #01-0220

13.B) Approval of any action regarding the 77th Legislative Session - Commissioners Court. Comm. Jacobs asked for a copy and clarification regarding the biotech industry in Texas and a bill going through the legislature.
Comm. Carter requested court action on a bill concerning the financing and refinancing of higher education facilities.

NO ACTION

13.C) Approval of Denton County Redistricting 2001:

1) Splitting and Realigning Voter Precincts,
2) Redistricting of County Commissioners Precincts,
3) Potential Redistricting of Justice of the Peace and Constables Precincts - County Judge.

NO ACTION

13.D) Approval of revision to the Denton County Tax Abatement Policy. (Briefing 04-03-01)

POSTPONE UNTIL NEXT SESSION

ITEM 14 LEGAL

14.C) Approval of Service Agreement between Denton County, Texas and the Juvenile Diversionary Services of Denton, Inc., a non-profit corporation. (Briefing 04-03-01)

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-0-0
Court Order #01-0221

ITEM 17 RECESS

ITEM 18 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. Mitchell.
Motion Carried 4-0-0

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

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

NO ACTION ON ITEMS 15.A THROUGH 15.D

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County, Texas, v. Bruce & Rhonda Huther, Cause No. 2-00-314-CV, pending in the Court of Appeals, Second District of Texas, Fort Worth, Texas.

NO ACTION

Robert Schell, District Attorney, Civil Division, advised the court that his office would be seeking a motion for rehearing.

ITEM 19 ADJOURNMENT

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

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