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.

June 5, 2001

Be it remembered, Commissioners Court of Denton County, Texas met on this 5th day of June, 2001 with Judge Scott Armey presiding. Commissioners Sandy Jacobs, 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 Pastor Bob Joyce of the Cooper Creek Baptist Church in Denton, Texas and was followed by the Pledges of Allegiance to the American and Texas Flags led by Donna Stewart, Budget Director for Denton County, Texas.

Pastor Joyce: Father, we're grateful for another day of life. We ask Your blessings on all those who preside today, those who come to intercede for others, and, Father, for all those who come seeking justice. Where mercy is warranted, we pray that it will be granted, where mercy intervenes and opposes justice, we pray that Your Will will be done. We ask all in Jesus' name, Amen.

ITEM 1 PUBLIC INPUT

Judge Armey announced that Comm. Carter was attending his annual training school for Commissioners Court.
Betty Garrett of Gainesville, Texas voiced her concerns regarding the closure of a public road up to Pollard Cemetery.

ITEM 2 CONSENT AGENDA

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Acceptance of report of proceeds from Miscellaneous Furniture Surplus Sale on May 14, 2001 and to dispose of unsold items for scrap metal. (Briefing 05-29-01)

6.B) Approval to declare miscellaneous computer equipment surplus, authorize a Sealed Bid Sale, advertising, and any appropriate action. (Briefing 05-29-01)

6.C) Approval to declare 195 Nortel Norstar Digital Phones as surplus and the trade-in of these toward the purchase of Cisco IP phones for the Charlie J. Cole Building, CHOS, and Vehicle Maintenance, and any appropriate action. (Briefing 05-29-01)

6.D) Approval of the appropriation of $20,984 from the Charlie J. Cole Building Bond Funds toward the purchase of Cisco IP telephones, and any appropriate action. (Briefing 05-29-01)

6.E) Approval of the purchase of Cisco IP telephones from Kent Datacom, Inc. as the State of Texas QISV Best Value, less a trade-in of Nortel Norstar Telephones for a total of $67,080.00, and any appropriate action. (Briefing 05-29-01)

6.F) Approval to donate Norstar Phone System to the Denton County Children's Advocacy Center according to the provisions of §263.152 (c) of the Local Government Code. (Briefing 05-29-01)

6.G) Approval of award for Conduit & Cabling-Charlie Cole Building, RFP #04-01-1420, to Henkels & McCoy for $38,414.82, approval of appropriation of available Pre-Trial Center Bond Funds, and any appropriate action. (Briefing 05-29-01)

BUDGET

7.A) Approval of Budget Amendment Request #101470 for Lawsuit Settlements for Non-Departmental in the amount of $5,000. (Briefing 05-29-01)

7.B) Approval of Budget Amendment Request #101480 for Equipment Maintenance and the creation of a new line item for county purposes for FY 2000-2001 for Law Enforcement Facility in the amount of $910. (Briefing 05-29-01)

7.C) Approval of Budget Amendment Request #101490 for Pager Expense and the creation of a new line item for county purposes for FY 2000-2001 for Human Resources in the amount of $22.

7.D) Approval of Budget Amendment Request #101520 for Computers for Financial Information Systems in the amount of $2,320. (Briefing 05-29-01)

7.E) Approval of Budget Amendment Request #101540 for Training/Education for District Clerk in the amount of $320.

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.) Ross Young, Juvenile Detention Officer/Juvenile Detention; Sandra Jones, Senior Administrator-Criminal Court/County Clerk; Anne Arellano, Deputy Clerk-Criminal/District Clerk; Sara Copley, Deputy Clerk-Civil/District Clerk; Debra Allen, Administrative Assistant-CID/Sheriff; Donald Hamilton, Detention Officer I/County Jail; Vicki Blackburn, Administrative Assistant I/Commissioners Court; Nancy McLaughlin, Assistant Law Librarian/Law Library.

COUNTY CLERK

11.A) Approve the minutes for May 22, 2001, Formal Session.

SHERIFF

12.A) Approve the Interlocal Cooperation Agreement for Domestic Animal Control with the Town of Bartonville. (Briefing 05-29-01)

OTHER DEPARTMENTS

13.D) Approval of re-appointment of Blake English to the Upper Trinity Regional Water District Board - County Judge. (Briefing 05-29-01)

13.E) Approval of Building Usage Request by Ellen Ritscher for the CHOS Lawn, Commissioners Courtroom, Conference Room, and Balcony for a wedding rehearsal on Saturday, June 23, 2001 from 1:00 p.m. until 6:00 p.m. and a wedding on Sunday, June 24, 2001 from 4:00 p.m. until 9:00 p.m. - Aide-to-the-Court. (Briefing 05-29-01)

13.F) Approve the order specifying the following findings: (1) that a specific amount of excess funds totaling $219,630.11, in the from of unneeded funds from Precinct 4 Unspecified project in the 1994 Road Bond Fund proceeds, is available; (2) that the excess funds are not needed to fund any other of the existing projects; and (3) them identifying the Precinct 4-King's Road & Park Lane Intersection project as the new
project to which the remaining excess funds in the amount of $219,630.11 are allocated - Commissioner Precinct 4. (Briefing 05-29-01)

LEGAL

14.C) Approval of Hardware Maintenance Agreement for Optical Scan Equipment between Elections Systems & Software and Denton County, Texas. (Briefing 05-29-01)

Move to approve Consent Agenda by Comm. Jacobs, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0304

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Resolution supporting the Dallas/Fort worth Area Tourism Council's application to
the Texas Historical Commission for the Lake Trails Region to be selected the next Texas Heritage Trail
Region, and any appropriate action - County Judge.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0305

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.)

DELETION from TNCP, ($12.75), to Boise Cascade;

ADDITIONS:

To General Fund, 393rd District Court, $14,518.75 to Gary Kollmeier from CAA Interest of Lee
Children;
To General Fund, 211th District Court, $225.00 to the Texas Court Reporter Assn. for registration
fee for Robert French;
To General Fund, Operations, $125.00 to Tx. Dept. of Health for Notification Fee #7C790-178.

Move to approve Bill Report, as amended, by Comm. Jacobs, second by Judge Armey.
Motion Carried 4-0-0
Court Order 01-0306

ITEM 7 BUDGET

7.F) Approval of Budget Amendment Request #101580 for Transfer of Funds Department-Tax Notes 2001 Fund from Non-Departmental Unappropriated Contingency in the amount of $58,260.

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0307

ITEM 14 LEGAL

14.D) Approval of Agreement between Owner and Architect for Special Services between HLM Design
USA, Inc. and Denton County, Texas. (Briefing 05-29-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0308

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 Potential Change Orders 40, 41 & 43 to Hunt Construction: PCO 40, add two institutional locks at rooms 4420D and 4430D, drill six cylinder holes in doors 4420A, 4430A, 4420D, 4405,4402A and 4430D for an addition of $2,792.00; PCO 41, replace p-trap and add access door at drain holding cell to correct a pre-existing condition for an add of $306.00; PCO 43, change light pole bases from 4' straight shaft to a 15' bell pier for an add of $800.00 by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0309

10.A-2) Move to approve Change Order No. 1 (PCO No. 18) to Hunt Construction to remove existing keypads from Stairs No. Two (2) and Three (3) and install them at Doors 4113 and 4201 for an add of $1,685.00 by Comm. Mitchell, second by Comm. Jacobs.
Motion Carried 4-0-0
Court Order 01-0310

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 13 OTHER DEPARTMENTS

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

NO ACTION

Judge Armey announced two additional members to the Economic Development Commission: Allen Thomas and Tony Moreno.

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.

NO ACTION

13.G) Approval of order finding: (1) that excess funds, in the form of $15,000 in interest earnings from 1999 Road Bond Fund proceeds, are available; (2) that the excess funds are not needed to fund any other existing specified projects from the 1999 bond election; and (3) the Court identifies the Copper Canyon - Bishop Lane ICA project as the new project to which excess funds are allocated - Commissioner Precinct Four.

Move to approve with recommendation from John Polster of ITS by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0311

ITEM 14 LEGAL

14.B) Approval of the Second Amendment to the Purchase Agreement for Financial Management Software between STW, Inc. and Denton County, Texas extending the time for performance of the work by STW, Inc. from June 5, 2001 to July 10, 2001 because of unforeseen and unexpected difficulties experienced by both parties. (Briefing 05-29-01)

Move to approve with recommendation from Beth Fleming, Director of Purchasing, by Comm. White, second by Comm. Mitchell.
Motion Carried 3-1-0 (Jacobs nay)
Court Order 01-0312

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. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0

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.

15.E) Consultation with Attorney: Pending 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., Cause No. 4:01-CV-00111, pending in the Untied States District Court, Eastern Division of Texas, Sherman, Texas.

NO ACTION ON ITEMS 15. B,C,D & E with a request from the Judge for Aide to Court to remove Item 15.C from the agenda.

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

15.A-1) Move to approve the recommendation of Carmen Rivera-Worley, Assistant District Attorney, Civil Division, for acquisition of right-of-way on FM 544 in the amount of $770,000, authorize the Judge to execute this agreement and direct the County Auditor to identify the funds to pay the contract and associated closing costs by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 01-0313

15.A-2) Move to approve the recommendation of Ms. Rivera-Worley, Asst. DA, Civil, to pay to the Elsburgs $29,000 for right-of-way on FM 544 plus the cost to the county for building a replacement fence and for the Judge to execute the contract and direct the County Auditor to identify the funds to pay the contract and associated closing costs by Comm. Jacobs, second by Comm. White.
Motion Carried 4-0-0
Court Order 01-0314

ITEM 19 ADJOURNMENT

Move to adjourn at 11:22 a.m. by Judge Armey, 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.