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.

May 8, 2001

Be it remembered Commissioners Court of Denton County, Texas met on this 8th day of May, 2001 with Judge Scott Armey presiding. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell 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 Bob Garsee, Chaplain for the Denton County Sheriff's Department, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Kelly Zwinggi, Director of Public Works.

Chaplain Garsee: Our Father and our God, we thank You for the privilege that we have to come before You this morning and just lift Thy name above every name. We thank You, Heavenly Father, that not only are You God of the mountain, but You're God of the valley. And, Heavenly Father, we recognize as these leaders stand before You this morning to make decisions, that they were not simply placed here by man, but they were ordained by You and Your authority. And we praise Your holy name. Amen.

ITEM 1 PUBLIC INPUT

Mildred Hawk of Denton announced the relocation of the County Line Bridge to North Park, Denton and she also invited everyone to her Hawk-eye Reading Program.

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

AUDITOR/TREASURER

5.B) Approval of Payroll.

5.C) Approval of the order finding that (1) excess funds in the amount of $53,859 is available in the form of "1994 Road Bond Fund Rock Hill Road project funds" and that excess funds in the amount of $21,141 are available in the form of "1994 Road Bond Fund West Shady Shores Road project funds"; (2) that the excess funds are not needed to fund any of the projects originally listed in the bond documentation; and (3) that excess funds in the total amount of $75,000 are to be allocated tot he "1994 Road Bond Fund Naylor Road" project to fund the costs for the Interlocal Agreement with the Town of Oak Point to rebuild Naylor Road. (Briefing 05-01-01)

PURCHASING

6.A) Approval of award for Vending Services, RFP #03-01-1415, to AVS Services, Ltd., and any appropriate action. (Briefing 05-01-01)

BUDGET

7.A) Approval of Budget Amendment Request #101330 for Computers for Criminal District Attorney and DA Hot check Department in the amount of $13,538. (Briefing 05-01-01)

7.B) Approval of Budget Amendment Request #101340 for Lawsuit Settlements for Non-Departmental in the amount of $5,000. (Briefing 05-01-01)

HUMAN RESOURCES

8.B) Approval of revisions to policy #3.9B-Sick Leave Pool. (Briefing 05-01-01)

HEALTH

9.A) Approval of Denton County Health Department renewal application for Service Delivery Integration Grant. (Briefing 05-01-01)

PUBLIC WORKS

10.C) Approve Tuesday, June 19, 2001 at 9:15 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve the Replat of Lot 5, Block A, Quail Run Estates, Precinct 4.

10.D) Approve Tuesday, June 19, 2001 at 9:20 a.m. as date and time to conduct a PUBLIC HEARINGto consider and approve the Replat of Lot 8, Block A, Breezy Acres, Precinct 4.

COUNTY CLERK

11.A) Approval of the minutes for April 24, 2001, Formal Session.

OTHER DEPARTMENTS

13.D) Approve the nomination of Comm. Bobbie Mitchell to serve on the North Central Texas Council of Governments Board Appointments - County Judge. (Briefing 05-01-01)

13.E) Approval of request by the Texas Department of Transportation for a resolution agreeing to the renaming of FM 720 within Denton County to FM 424 - Commissioners Court. (Briefing 05-01-10)

13.F) Approval of "Investing in Denton County" Investment Program - County Judge. (Briefing 05-01-01)

LEGAL

14.B) Approval of (a) an Amendment to the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton for Lakeview Blvd., and (b) additional funding to be provided from current interest earnings from the Better, Safer Roads Program. (Briefing 05-01-01)

Move to approve Consent Agenda with the exception of Items 8A & C by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0263

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Proclamation declaring May 17, 2001, Retired and Senior Volunteer Day in Denton County - County Judge.

Move to approve by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0264

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.)

ADDITIONS:

To General Fund - Treasurer, $90.74 to Wyndham South Arlington for lodging/Jana Bullock;
To General Fund - JP#6, $265.41 to Best Price Index Tabs for folders;
To CSID, $495.00 per person registration fee to NADCP for Betty Hughes, Peggy Carr &
Janice Bradley;
To Juvenile, $150 to UNT, DRSWA for registration fee for Vandeventer/Villarreal.

Move to approve Bill Report, as amended, by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0265

ITEM 6 PURCHASING

6.B) Approval of award of bid for Hot Mix Asphaltic Concrete, Bid #03-01-1414, to Jagoe Public for FOB Origin at $25.40/ton and Reynolds Asphalt for FOB Destination at $29.15/ton, and any appropriate action.

Move to approve by Comm. Jacobs, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0266

ITEM 8 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: Tracy Ho, Misdemeanor Prosecutor II/Criminal District Attorney; John Robert Moore, Misdemeanor Prosecutor II-FV/DA/Family Violence Expansion Grant; Swany Aguilar, Deputy Clerk - Recording/Passport/County Clerk; Tina Ross, Juvenile Corrections Officer/Juvenile Post Adjudication; Kevin Mullis, Juvenile Corrections Officer/Juvenile Post Adjudication; Judy Muller, Administrative Assistant/Juvenile Detention; Erma Calloway, Deputy Clerk/County Clerk; Michael Brown, Detention Officer I/County Jail; Robert Leininger, Detention Officer I/County Jail; Omar Davis, Detention Officer I/County Jail; Marisol Acuna/Detention Officer I/County Jail; Misty Lowry, Admin. Secretary -Warrants/Sheriff; Johnny Copley, Detention Officer III - Medical/Jail Health.

Move to approve all Order Making appointments as presented by the HR Dept. except for 8A-15 by Judge Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0267

8.A-15) Move to approve Robert Woods, Asst. Road & Bridge Manager for Centralized Road & Bridge as recommended by the Public Works and Human Resource Departments by Comm. Jacobs, second by Comm. Carter.
Motion Carried 3-2-0 (Armey & Mitchell nay)
Court Order 01-0268

8.C) Approve revisions to policy #7.1-Application for Employment. (Briefing 05-01-01)

POSTPONED UNTIL NEXT WEEK

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.

10.A-1) Move to approve the following Potential Change Orders for the Pretrial and Enforcement Centers and the Kitchen Expansion: PCO 43, a credit of $3,233 for downsizing fans in the visitation areas by CBS Mechanical & Boggs Electrical Company; PCO 59, a cost of $737 for Boggs Electrical to provide and install all type S wall pack fixtures per RF 101; PCO 63, a cost of $931 for Basden Steel to provide and install bent plates at kitchen doors; PCO 76, a cost of $1200 for CBS Mechanical, Inc. to rework sprinkler lines in the kitchen area for an exhaust hood; PCO 77, a cost of $2,220 for CBS Mechanical, Inc. to add sprinkler lines and heads above the mezzanine in the Enforcement Center per the Fire Marshall; PCO 78, a cost of $1,789 for CBS Mechanical, Inc. to saw cut walls at the electrical and mechanical rooms -Pretrial Center; PCO 79, a cost of $1,095 for CBS Mechanical, Inc. to install faucets in the kitchen for new pot cookers; PCO 83, a cost of $184 for Performance Door & Hardware to punch and dimple six (6) three-sided hollow metal frames; and, PCO 95, $2,410 to CBS Mechanical, Inc. to relocate four (4) lavatories in areas C & E to meet ADA clearances due to column interference by Comm. Jacobs with a caveat that all these PCO's be approved by the Committee, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0269

10.A-2) This item is discussed later in this session.

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.

Comm. Jacobs reviewed the North America's Superhighway Coalition Board Meeting that she attended on May 4, 2001 in Washington, D.C. She also provided the court with copies of support material from that meeting.

Comm. Jacobs and Comm. Carter agreed, as the motioners for the Consent Agenda, to amend Item 14.B to reflect a financial impact of $17,095.46, as recommended by John Polster, the County's transportation consultant, rather than the $10,569.46 as approved in Consent.

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.

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,
4) 2001 Redistricting Committee - County Judge.

13.C-2) Move to appoint Mayors Gene Carey of Lewisville and Bill Lawrence of Highland Village to the Redistricting Committee by Comm. Mitchell, second by Judge Armey.
Motion Carried 5-0-0
Court Order 01-0270

ITEM 14 LEGAL

14.C) Approval of Contract between Denton County, Texas, and Teague Nall and Perkins, Inc., for Selected Projects.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0271

14.D) Approval of Contract between Denton County, Texas and GTE Southwest Incorporated, d/b/a Verizon for Calling Name Information over Digital PRI Telephone Service.

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0272

ITEM 17 RECESS

ITEM 18 RECONVENE

ITEM 10 PUBLIC WORKS (continued)

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 the recommendation of the Purchasing Director to identify two firms and discuss with them the renovation of the Juvenile Detention Kitchen and prepare an RFQ; also, direct Ms. Fleming and Mr. Zwinggi to communicate with members of the Juvenile Detention Board and Judge Whitten, Chairman of the Board, to determine the scope envisioned for the kitchen by Comm. Armey, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0273

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

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

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

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.

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-D

ITEM 16 ADDENDA

16.A) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code, McBrayer v. Denton County, et al.; in the Untied States District Court, Eastern District, Sherman Division; Case no. 4:00cv285.

NO ACTION

ITEM 19 ADJOURNMENT

Move to adjourn by Judge Armey, second by Comm. White.
Motion Carried 5-0-0

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