Denton County Commissioners Court 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.

Cynthia Mitchell, County Clerk of Denton County, Texas, do hereby certify that the following Commissioners Court Minutes are a true and correct record of the proceedings from the Commissioners Court Meeting on November 2, 2004.

ATTEST:

Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas

Deputy County Clerk

Court opened with an Invocation by Dr. Jeff Cramer, Grace Temple Baptist Church in Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Andy Babbitt, Assistant Director of Operations.

Dr. Cramer: Good morning. It's a great honor to be here today. So I thank you. Let us pray. Father, on this election day, we thank you for the freedom that we enjoy in this country to vote. We thank You for the sacrifices that are being made even now by the men and women in our Armed Forces. We thank You for the sacrifices that we might have the freedom to vote this very day. We pray that You would guide our country and each individual decision that is made, that You might ultimately be in control and guide our country into place. Father, I pray for this Commissioners Court that You'd give them wisdom, give them discretion, give them honor as they use your wisdom to guide our County and our County. We pray these things in Jesus' name. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. A) Presentation of awards to Hank Scheible and Jim Wheeler. Veterans Service
Discussion of item in Commissioners Court Transcripts to minutes. (Page 2)

ITEM 1 PUBLIC INPUT

Tedd McWhinney spoke about the trees being leveled for new development near his residence and
about opening the fountains at the Courthouse on the Square.

ITEM 2 CONSENT AGENDA

(Item 7E pulled for further consideration and/or separate vote. Item 7A pulled for NO ACTION.)

TREASURER

5. B) Approval of Payroll.

BUDGET

7. B) Approval of Budget Amendment Request #100110 to increase revenues and allocate expenditures for Homeland Security Equipment and the creation of a new line item for Grant purposes for FY 2004-2005 for State Homeland Security Grant in the amount of $613,854, and any appropriate action. (Briefing10-26-04)

7. C) Approval of Budget Amendment Request #100120 for Contract Labor including the transfer of
funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Election
Administration in the amount of $20,000, and any appropriate action. (Briefing 10-26-04)

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.) Ruth Aviles, Assistant Juv. Probation Officer/TJPC; Timothy Wayne Burch, Deputy Constable/Constable, Pct. 4; Maria Hernandez, Officer Support Specialist II/WIC-Administration; Patsy Sallee, Deputy Clerk/Recording/County Clerk; Sammy Bishop, Deputy Sheriff-Transport/County Jail; Travis Giguere, Deputy Sheriff/Sheriff.

OTHER DEPARTMENTS

13. A) Approval of the building usage request for the Denton Redbud Festival-Arbor Day Home &
Garden Show, to use the Courthouse-on-the-Square and the lawn on Saturday, April 9, 2005, 8:00 am to 4:00 pm from Keep Denton Beautiful, and any appropriate action. (Briefing 10-26-04)

13. B) Approval of building usage request by Lee Keith for use of the 1896 Room, Courtroom, &
Conference Room at the Courthouse-on-the-Square, Sunday, January 16, 2005 for the American Legion Post 71 from 12:00 pm to 5:00 pm, (in case of inclement weather January 23, 2005), and any appropriate action. (Briefing 10-26-04)

LEGAL

14. B) Approval of the Verizon Wireless Messaging Services Account Agreement between Denton
County, Texas and Verizon Wireless Messaging Services LLC d/b/a Verizon Wireless, and any
appropriate action. (Briefing 10-26-04)

14. C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton
County, Texas and Aubrey Area Ambulance, Inc., and any appropriate action. (Briefing 10-26-04)

14. D) Approval of the Service Agreement between Denton County and (a) the Arc of Denton County; (b) Chisholm Trail Retired Senior Volunteer Program, Inc. d/b/a RSVP; (c) Day Stay for Adults, Inc.; and (d) Family Healthcare, Inc., and any appropriate action. (Briefing 10-26-04)

14. E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton
County, Texas and (1) the Argyle Volunteer Fire Department; and (2) the City of Lake Cities, and any appropriate action. (Briefing 10-26-04)

14. F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Argyle Volunteer Fire Department; and (2) the City of Lake Cities, and any appropriate action. (Briefing 10-26-04)

14. G) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Lake Cities Library, and any appropriate action. (Briefing 10-26-04)

14. H) Approve the Microsoft Enterprise Agreement Enrollment From and Amendment 001, and any
appropriate action. (Briefing 10-26-04)

Move to approve Consent Agenda with the exception of items 7A & 7E by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0667

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3. B) Approve the resolutions honoring the Service Awards Picnic Event Committee, and any
appropriate action. Human Resources

Move to approve by Judge Horn , seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0668

ITEM 16 ADDENDA

16. A) Approval regarding the Memorandum of Understanding (MOU) Funding Strategy supporting the tolling of SH121, and clarification or correction of the record regarding the final vote October 26, 2004, on the amendment to the MOU regarding the language: “The defederalized funds allocated to local projects are not necessarily prioritized in the order in which they appear in the Memorandum of Understanding (MOU), but will be funded according to the agreements entered into between the municipality and the County of Denton based upon their prioritization.” And the placement of this quoted language shall be placed at the end of the paragraph involving the City of the Colony in the MOU, and any appropriate action.

Move to approve as amended by adding “prioritization to be determined by The Colony and Denton County Precinct 2” at the end of above quote by Comm. White, seconded by Judge Horn .
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0669

ITEM 5 AUDITOR

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— GENERAL $ 50.00 to Tarrant Co Medical Examiner, covered by contract;

ADDITIONS—

GENERAL
CPS $ 36.00 to Bureau of Vital Statistics, birth certificate;
2000 ROAD BOND $273,004.39 to Sunmount Corporation, professional services – U.S. 380

Move to approve as amended by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0670

TREASURER

5. C) Approve the appointment of George Highfill to the Investment Evaluation Committee, and any
appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0671

ITEM 6 PURCHASING

6. A) Approval of ranking Teague Nall and Perkins, Inc. as the most qualified firm for Surveying
Services, RFQ #08-04-1835, authorize negotiations, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Jacobs nay)
Court Order 04-0672

ITEM 7 BUDGET

7. A) Approval of Intra-Departmental Transfers, and any appropriate action.
NO ACTION

7. D) Approval of Budget Amendment Request #100140 for Lawn Equipment for County Operations in the amount of $5,700, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 04-0673

ITEM 10 PUBLIC WORKS

10. A) Approve Tuesday, November 23, 2004 at 9:05 a.m. as date and time to conduct a Public Hearing to consider an amendment to the Lake Ray Roberts Land Use District for a zoning change from Agriculture (AG) to Residential Medium Density (R-2), Abstract 1238, Tract 4 as recommended by the Lake Ray Roberts Planning and Zoning Commission and the Planning Department, and any appropriate action.

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 04-0674

ITEM 7 BUDGET

7. E) Approval of Budget Amendment Request #100190 for various Ambulance Service line items for Emergency Services in the amount of $730,000, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0675

ITEM 8 HUMAN RESOURCES

8. B) Approve a potential reclassification of the Engineering Tech II position and any appropriate
action.

Move to approve as amended to back to the previous job description (EIT), to advertise for this position, and let the new department head make the hiring decision by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstain)
Court Order 04-0676

ITEM 13 OTHER DEPARTMENTS

13. C) Approval of the appointment of John Polster to the Denton County Transportation Authority
Technical Advisory Group, and any appropriate action. County Judge
HOLD UNTIL LATER IN MEETING

ITEM 14 LEGAL

14. I) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between
DentonCounty, Texas and the Double Oak Volunteer Fire Department, and any appropriateaction. (Formal 10-26-04)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 04-0677

14. J) Approval of the renewal of the Texas VINE Maintenance Contract recommended by the Office of the Attorney General as a part of its Texas VINE Project between Denton County, Texas, and the Office of the Attorney General, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 04-0678

ITEM 17 RECESS 10.25AM
ITEM 18 RECONVENE 10:38AM

ITEM 13 OTHER DEPARTMENTS

13. C) Approval of the appointment of John Polster to the Denton County Transportation Authority
Technical Advisory Group, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 04-0679

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the right to exercise 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.

Convened in Executive Session 10:40AM
Reconvened in Formal Session 10:55AM

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); Denton County v. Tarrant County, pending in the Supreme Court of Texas.

15. E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)
(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.

16. B) EXECUTIVE SESSION: Consolation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott Schambacher, individually and in all capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes L.T.D., S.T.S. Contracting Services, L.L.C., and S.T.S. Construction, Inc.
NO ACTION

ITEM 17 RECESS 10:56AM

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the right to exercise 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.

Convened in Executive Session 1:00PM
Reconvened in Formal Session 5:05PM

15. D) Personnel Matters, Texas Government Code, Section 551.074: Deliberations to discuss the
appointment, employment and duties of applicants for the position of County Engineer and to interview said applicants.
NO ACTION

ITEM 19 ADJOURNMENT 5:06PM

This set of minutes for November 2, 2004, prepared by Deputy Clerk, Erin McCorkle. Reviewed by County Clerk, Cynthia Mitchell.