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.

December 4, 2001

Be it remembered, Commissioners Court of Denton County, Texas was called to order at 9:01 AM on the 4th day of December, 2001 by County Judge Scott Armey. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with deputy clerk Kathleen Bransford.

Court opened with an Invocation by Lockadee Newland, Chief Administrator for Comm. Cynthia White, Precinct One, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Georgia Caraway, Director of the Courthouse Museum.

Ms. Newland: Heavenly Father, thank You for this day. Thank You for Your many blessings, and thank You for loving us. Help us to share that love with others. Father, we are moved by the alarming news and crisis our country is facing. This great nation founded in the belief that in God we trust and the land of the free is in crisis. Please comfort those who are suffering, hurting and in fear and give wisdom and strength to those who are helping those affected. May the forces of evil be broken with Your power. And we humble before You our strength and our refuse. Please give wisdom to this Commissioners Court this morning and bring Your comforting peace through the power of Your holy spirit. We pray in the name of our Lord and Savior, Christ Jesus. Amen.

ITEM 1 PUBLIC INPUT

Mildred Hawk, Denton, Texas informed the court that 1300 Denton third graders each created a bell for the Christmas Trees at the corners of the Courthouse on the Square.

Erika Minor, Administrative Secretary, County Judge's Office, announced the beginning of the Real Angel Program in the Denton County Judge's Office.

Fire Marshal Jody Gonzalez invited the court and the public to a Fire Chief's Association luncheon on Thursday, December 6, 2001.

ITEM 2 CONSENT AGENDA

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.B) Approval of specifications and authority to advertise for Modular Dental Consoles, Bid #11-01-1458, and any appropriate action. (Briefing 11-27-01)

BUDGET

7.B) Approval of Budget Amendment Request #100270 for Supplies for Archival Preservation for CHOS Museum Tourism Grant 2001 in the amount of $800.

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.) Samuel Bishop, Deputy Constable/Constable Pct.1; Angela Phillips, Senior Clerk-Courts/County Clerk; Cathy Wiechmann, Senior Clerk-Courts/County Clerk; Rebecca Markham, Deputy Clerk-Courts/County Clerk; Althony Biggs, Juvenile Detention Officer/Juvenile Detention; William Franklin, Juvenile Detention Officer/Juvenile Detention; Monty Lybbert, Juvenile Detention Officer/Juvenile Detention; Jeffrey Perry, Juvenile Detention Officer/Juvenile Detention; Herbert Guilliams, Juvenile Detention Officer/Juvenile Detention; Ronald Simmons, Juvenile Corrections Officer/Juvenile Post Adjudication; Erin Woodard, P-T Intern/County Planning.

PUBLIC WORKS

10.C) Approve the Final Plat of the Adam Friday Addition, Precinct 1.

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 20, 2001.

11.B) Approval of Denton County offices participating in the "12 Days of Wellness" holiday wellness program, beginning Monday, December 10th and ending Friday, December 21st. (Briefing 11-27-01)

LEGAL

14.B) Approval of: (a) the Project for Road Improvements to Bailey Street within the City of Ponder, Texas, and (b) the Interlocal Cooperation Agreement between the City of Ponder and Denton County, Texas. (Briefing 11-27-01)

Move to approve Consent Agenda by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0782

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 Public Health, $930.94, incorrect amount.

ADDITIONS TO GENERAL -
Constable #3, $180.95 to Richard Tackett for Galveston Conference;
Non-Dept., $84.00 and $240.00 to Sam's Club Direct for Employee lunches/CSCD/Lewisville & Denton;
Leased Bldgs., $3,434.00 to Northward Partners for October & November Office rental-JP#4.

ADDITIONS to CSCD, $90.00 each to Sigifredo Marquez and David Petersen for Longview Travel Advance.

Move to approve the amended Bill Report by Comm. Carter, second by Comm. Jacobs.
Motion Carried 4-1-0 (Armey nay)
Court Order 01-0783

5.C) Approve (1) a specific amount of excess funds totaling $1,00,000 in the form of unneeded funds from the FM 720 project in the 2000 Road Bond Fund, is available; (2) that the excess funds are not needed
to fund any of the other existing specified projects; and (3) identifying the Legacy Drive and the FM 2934 projects as the projects as the projects to which the excess funds in the amount of $500,000 each are
allocated. (Briefing 11-27-01)

Move to approve by Comm. White, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0784

PURCHASING

6.A) Approval of specifications and authority to advertise for Collection of Delinquent Court Fines, RFP #08-01-1446, appointment of Evaluation Committee to include Beth Fleming, James Wells, Mitch
Liles, Cynthia Mitchell, Debra Carreathers, Deborah Hollifield, Bruce Isaacks, David Garcia and L. Dee Shipman, and any appropriate action. (Briefing 11-27-01)

Move to approve by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0785

ITEM 5 AUDITOR/TREASURER

Acceptance of the Auditor's Monthly Financial Report for September 2001.

BUDGET

7.A) Approval of Budget Amendment Request #100250 to increase revenues and allocate expenditures for County Jail, Communications and Sheriff's Department in the amount of $156,830. (Briefing 11-27-01)

Move to approve by Comm. Carter, second by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 01-0786

ITEM 10 PUBLIC WORKS

10.A) Approval and any appropriate action regarding renovations and cost associated with the Cole building.
ACTION POSTPONED UNTIL 12-18-01 MEETING

10.B) Approve Tuesday, January 2, 2002 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve a request for a Special Use Permit in the Lake Ray Roberts Land Use District,
Precinct 1.
REPOST due to incorrect day.

ITEM 11 COUNTY CLERK

11.B) Approval of Denton County offices participating in the "12 Days of Wellness" holiday wellness program, beginning Monday, December 10th and ending Friday, December 21st. (Briefing 11-27-01)
Item approved earlier under Consent. Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 14)

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of appointment of Judge for County Court at Law #2.

Move to appoint Margaret E. Barnes by Comm. Jacobs, second by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 01-0787

13.B) Approval of the timing of, the amount of, and the specific potential project items to be financed by Tax Notes: Better Safer Road Program Bonds; and the refinancing of debt service. Tax Notes: 1) JJAEP
Facility, 2) Courthouse on the Square Restoration Grant, 3) Charlie J. Cole Building-Air distribution system, 4) Charlie J. Cole Building -kitchen repairs, 5) Carroll Building, 6) Loop 288 Government Center,
7) Law Enforcement Facility, 8) Space Study-Phase II, 9) Telephone System, 10) Tax Assessor/Collector-AS-400 Computer-Aide to the Court and 11) Roanoke Government Center-Commissioners Court.
NO ACTION

13.C) Approve the Resolution supporting Parker County in voicing their opposition to the approval of Mirant's permit from the TNRCC to construct a power plant under old emission standards - Commissioner
Precinct #1.

Move to approve by Comm. White, second by Comm. Jacobs
Motion Carried 5-0-0
Court Order 01-0788

ITEM 14 LEGAL

14.C) Approval of Agreement between County and Engineer, URS Corporation, f/k/a BRW, a Nevada Corporation, for the development of a service plan for the Denton County Transportation Authority.
(Formal 11-27-01)
RETURN TO ITEM LATER IN SESSION

ITEM 16 ADDENDA

16.A) Approval of Splitting of Precincts within the City of Denton to Comply with Sec. 42.005.(6) Texas Election Code-Elections.

Move to approve by Comm. Carter, second by Comm. White.
Motion Carried 5-0-0
Court Order 01-0789

16.B) Approval of Magistrate Agreement between Denton County, Texas and Nancy Jessee - DA/Civil Division.

Move to approve by Comm. Jacobs with a request to Information Services to begin the set-up of the polycoms, second by Comm. Mitchell.
Motion Carried 4-1-0 (White nay)
Court Order 01-0790

16.C) Approval of: a) the project for Planting of a Tree at the Bayless-Selby House, and b) the Interlocal Cooperation Agreement between the City of Denton and Denton County, Texas - DA/Civil Division.

Move to approve by Comm. Jacobs, second by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0791

16.D) Approval of designation of the courtyard area located at the southwest corner of the Denton County Courts Building as the official site for the conducting of foreclosure sales for Denton County, effective January 1, 2001 - DA/Civil Division.

Move to approve designation effective January 1, 2002 and request a person from Operations be present for the proceedings by Comm. Jacobs, second by Comm. Carter.
Motion Carried 5-0-0
Court Order 01-0792

ITEM 17 RECESS 10:12 AM

ITEM 18 RECONVENE 12:10 PM

ITEM 14 LEGAL

14.C) Approval of Agreement between County and Engineer, URS Corporation, f/k/a BRW, a Nevada Corporation, for the development of a service plan for the Denton County Transportation Authority.
(Formal 11-27-01)

Move to approve by Judge Armey, second by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 01-0793

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the exercise of its discretion and may convene in executive session as authorized by the Texas Government Code §§551.071, et seq. on any of the agenda items.

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. White.
Motion Carried 5-0-0

RECONVENED AT 12:32 PM

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

15.D) Consultation with Attorney: Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code, Discuss potential litigation regarding the Claim of David Green.
NO ACTION ON ITEMS 15. A or D

ITEM 19 ADJOURNMENT

Move to adjourn by Comm. Mitchell, second by Comm. Carter.
Motion Carried 4-0-0 (White absent for vote)

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