Good morning, ladies and gentlemen. Denton County Commissioners Court for Tuesday, June 16, 2009 is now in session. This morning, our invocation will be given by James Wells, our county auditor, and our pledges will be led by Sherry Groves, Chief Administrator for the two Commissioner of Precinct 2. We please stand. But with me, our Heavenly Father, we thank you for this day. You've given us, thank you for the change of the seasons that you've brought about. Thank you for the lovely weather we're having, and thank you for the privilege and honor of gathering here to conduct the business of the citizens of this county and to try to represent you in what we do. and honor of gathering here to conduct the business of the citizens of this county and to try to represent you in what we do. Be with everyone here today. Give us your guidance, give us a guidance especially to our members of the commissioners' court. Give them your wisdom and protect each and every one of us and bring us back safely next week. I'll cross-name. I'll mail it. I'm a crash name, I'm ill. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Honor the Texas flag, I pledge allegiance to the Texas one state under God, one indivisible. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I that lowered like to address commissioners court. We ask that you please complete a public comment form available from the court on the side table over here. And we'd be glad to hear from you. Once also remind everyone to please turn off your cell phones and pages. Members, the item two is the consent agenda. Are there items on the consent agenda that you need to have? Hold for further consideration or discussion, or do we have a motion for approval? Okay motion by Commissioner Marchant seconded by Commissioner Eans. All in favor please say aye aye Opposed in aim motion does carry unanimously the consent agenda today consists of two a which is the order making appointments We have a new hired records management a promotion in the district clerk's office a demotion road bridge precinct 304 New hire and jail health and a rehire in the criminal district clerk's office, the demotion, road bridge precinct 304, new hire in jail health, and a rehire in the criminal district attorney's civil division. 2B is approval of the intro departmental transfers. 2C is approval of specifications and authority to advertise for lubricants and oils. This is bid number 05091977. 2D is approval of budget amendment request 101290 for instruments for telephone department in the amount of $3,700 to E is approval of budget amendment quest 101340 for vehicle equipment for fire code enforcement department in the amount of $1,340 to F is approval of building usage request by Denon Holiday Festival Association and incorporated for the courthouse on the square lawn and facilities for holiday lighting on the square on Thursday, December 3rd, 2009 from 4 until 9 as AM, it's obviously PM. And 2G is acceptance and approval of Ex officio commissioner road report precinct 3 is required with the Texas transportation code. Let's go to I'm sorry 3B which is approval of resolution recognizing and commanding the opportunity regional water district on the occasion of its 20th anniversary. I have a resolution to read. Resolution of the commission's court of Ditton County, Texas, recognizing and commanding the opportunity to a regional water district on the occasion of its 20th anniversary. Whereas the commission's court of D Denton County appreciates the fact that both the healthy economy and the secure future depend on region having an adequate supply of water for all communities. And whereas in the mid 1980s it became quite apparent that local groundwater resources would not be adequate for the future needs of the growing communities in Denton County area. And whereas the various communities in the commissioners court in 1986 organized a steering committee to conduct a regional study and to make a determination of the best strategy for assuring a dependable supply of high quality water for the long-term needs of the region. And whereas with unanimous support of communities in Denton County, the steering committee recommended that a regional enterprise be created to plan and develop an adequate long-term water supply based on surface water sources and to develop a regional system for treatment of wastewater. And whereas the cooperative efforts of the city's utilities in county prompted the Texas legislature to create the opportunity regional water district as a subdivision of the state effective June 16th 1989 and whereas the opportunity regional water district governed by a board of directors appointed by member entities has been very diligent and pursuit of its mandated mission and whereas the opportunity has been visionary in its development of strong regional systems for water and wastewater services has been visionary in its development of strong regional systems for water and wastewater services, providing for the long-term needs of the city's towns and utilities in Denton County area. Whereas June 16, 2009, marks the 20th anniversary of opportunity regional water district as a regional water system, a government in price that many considered to be a model agency for regional water resource planning and services. Now therefore, be resolved with Denton County Commissioner's Court of Denton County, Texas. Section 1, that first we want to congratulate opportunity regional water district on its sterling 20-year track record of achievement in the planning and development of regional water systems and services for the people of the Denton County area. Section two, that second we want to commend the members of opportunity, the board members, the officers, and the committees, and the staff who served, and you continue to serve with vision and commitment to fulfill the mission of opportunity regional water district. Section three, this resolution shall become effective upon its passage. The chair will move for approval. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. I will be in motion. kind of an annual meeting and a little report to everybody what's going on and has been going on but hard to believe that's been 20 years and Jim Horn was legislature legislator that carried the bill that created opportunity in 86 and unfortunately you went to the general of Tom Harpool yesterday, who was one of many people that was instrumental in the planning and development of upper Trinity. Good, good fellow. Okay. We have a couple of retiring employees. Are we ready, Amy? Yes. Betty Chancellor is with us this morning, Mr. Gibson will not be able to make it. Well, item 3a is to approve resolutions for employees who are retiring from Denton County. And first we'll do Betty Chancellor. And she's here. On up Betty. Everybody wants to take a good look at who we're honoring today. I read the resolution. This is resolution honoring Betty J. Chancellor for 23 years to serve Denton County. Whereas Captain Betty J. Chancellor, Deputy Sheriff assurred to Ditton County. Whereas Captain Betty J. Chancellor, Deputy Sheriff for the Ditton County Sheriff's Office assigned to detention support since February 1986 is retiring on June 32, 2009 after 23 year career and law enforcement. And whereas during all the time of the said service with the Sheriff's Office, Betty J. Chancellor has faithfully and diligently discharged the duties and obligations of the office and trusted to her, worked well with her co-workers and conducted herself in a mature and responsible manner with vigilance for the safety and security of the inmates and co-workers. And whereas the citizens of Denton County are grateful to Betty J. Chancellor for answering the call to service for her commitment to duty and for the service she has rendered during her law enforcement career and tenure as detention support for the Denton County Sheriff's Office. Therefore be it resolved, Denton County Commissioner's Court, Denton County, Texas, is hereby extend to Betty J. Chancellor, our sincere and grateful appreciation for a dedicated service on our well earned retirement. And our best wishes to her and her family for continued success, happiness and good health in all the years to come. Then the open court, the 16th day of June 2009, the chair will move for approval. Beckon and Bike Commissioner Mitchell, on favor please say aye. Aye. Aye. Opposed to say aye. Motion does carry unanimously. Comments? Yes. I just wanted to tell Betty, thank you very much for your service to Denton County. I had the wonderful opportunity to work with Ms. Chancellor for eight years when I was with the Sheriff's Department. And she was always the go-to person to get problem solved. She was a tremendous asset to the Sheriff's Department and detention. She, I don't think you all realize, but she basically managed the files for every single in-minute that came in and out, figured out when they were to be released, kept track of their classification. Which begs the question, what are we going to do without her? Exactly. She was just a tremendous resource. One of the very first people I met when I moved to Denton County and she's just a wonderful person and a very wonderful employee. And I'm sorry to see her go, but she was a very good asset to the Sheriff's Department and had long discussions with her. But, you know, she worked for five sheriffs and got along mostly with every single one of them. That's a major accomplishment right there. Well, Betty,e sincerely thank you and congratulations on your retirement. Thank you. I would just like to say that I enjoyed working for Denton County and its citizens and I'll miss the work or whatever but I need to do other things in my own. I'm not a spring chicken and I want to spend the rest of my life doing something else. I'm not gardening and I want to do a little traveling and I especially want to thank you for the comments. I really enjoyed working with you. Those yours too. Thank you. And happy retirement. We have Alan Gibson. It's not able to make it up. Well, we're going to read his resolution anyway. We have another retiree, Alan Gibson, who for whatever reason couldn't be with us this morning, but we're going to do his resolution. This is a resolution honoring Allen Gibson for 10 years of service to Denton County. Denton County Commissioner's Court, Denton County, Texas during the regular session on the 16th day of June 2009, considered the following resolution. Deputy Sheriff for the Denton County Sheriff's Office assigned with the Criminal Investigation Division since February 1999 is retiring on June 30th, 2009 after a 33-year career in law enforcement. And whereas during all the time of the said service with the Sheriff's Office, Alanae Gibson has faithfully and diligently discharged the duties and obligations of the office and trusted to him, worked well, excuse me, with his coworkers and conducted himself in a mature and responsible manner, with vigilance for the safety and security of inmates and co-workers. And whereas the citizens of Denton County are grateful to Alan A. Gibson for answering the call to service for his commitment to duty and for the service he has rendered during his law enforcement career in tenure with a criminal investigation division for the Denton County Sheriff's Office. There for it resolved the Denton County Commissioner's Court Denton County, Texas does hereby extend to Alan E. Gibson are sincere and grateful appreciation for his dedicated service on his well-earned retirement and our best wishes to him and his family for continued success happiness and good health and all the years to come. Down in open court, this is the 16th day of June. The chair will move for approval. Seconded by Commissioner Marchin. On favor, please say aye. Aye. Aye. Opposed, any? Motion does pass unanimously. And we congratulate you, Ellen Gibson. If you're watching, happy retirement. And thank you for your service. Lee, did you wanna make any comments, but are retirees here? Come on up to the microphone. Just for the record, this is Lee Hal. It didn't kinda sure us all this. Thank you, Judge. Just, I'll just briefly say, I'd like to echo the comments that Commissioner Coleman made about Betty and Betty's been one of our Major go-to people in the command staff in the jail and what the sheriff's office We're really gonna miss her tremendously and I'm glad to know that she's gonna move on to something really fun and It's for Lieutenant Gibson. he's served us very well. Also, we'll miss him. He's a major link in our criminal investigation section, and we'll have a tough time replacing him. So I wish him the best as well. Thank you. Thank you. Appreciate your being here this morning. OK. Scroll out into item 5a, which is approval of the bill, Okay. Scroll out into item 5A which is approval of the bill or report payments from CSCD, Community Corrections, TAIP, Shares, Training Shares, Forfeiture, VIT, Interest, DHA, Check V and DA4 Ferture Funds are presented for recording purposes only. Good morning, James Wells. Morning Judge, commissioners, I ask the court to prove the bills with the two deletions noted on the separate page Those one is not appropriate pain once I'm in process strong will correct it and process it next week The whole corrections I have thank you. Do we have questions from members of court? Do we have a motion for approval? Do we have questions from members of the court? Do we have a motion for approval? Motion by Commissioner E. Seconded by Commissioner Mitchell. Hearing no questions, all in favor please say aye. Aye. Opposed any? Motion does carry. 6A is approval of the evaluation committee's recommendation to rank WNM environmental group, incorporated as the most qualified deferment for UST, AST compliance audit, and we'll call on best meeting. Good morning, Judge and commissioners. We did receive four responses to this request for qualification statements. Bennett Hall and I have reviewed them and agreed in our recommendation with the ranking as presented in your agenda packet. WM Environmental does have, it's an established firm. They presented the best experience and qualifications for the type of compliance audit that we'll be looking at. We have questions to members of the court, or comments or a motion? Motion to approve. Thank you. We have a motion by Commissioner Marchant. Seconded by Commissioner Mitchell. Hearing no comments or questions I'll in favor of the motion please say aye aye opposed seen a motion to scare 7a is approval budget member request 101 300 for contract waiver for geographic Information systems in the amount of 7472 dollars The donation systems in the amount of $7,472. Post your proof. We have a motion by Commissioner Marchant. Seconded by Commissioner Mitchell, are there questions? Your none, all in favor, please say aye. Aye. Opposed to the name? Motion carries, 7b is approval of Budget Amendment Quest 101-310. Do you increase revenues now? Okay, expenditures for salary assistance benefits and supplies, for public health preparedness grant in the amount of $390,851. Donages for clarification, all of these readiness initiative grant funds were just basically putting the money in the right out. These funds have not been allocated in the budget, so we're processing an amendment to increase the revenue and expense. They're reimbursements is what they might. That's correct. Just wanted to get that out there. Thank you. We have a motion for approval by Commissioner Mitchell. Seconded by Commissioner Marchant. Hearing no questions, all in favor please say aye aye Opposed to the name motion carries 7c is approval a budget amendment quest 101 320 20 Chris Rownows and allocate expenditures for salaries This and benefits and various operating line-on is for cities ready in this initiative grant any amount of 188,000 68 dollars and any amount of $118,068. Approval. Motion by Commissioner Eads. Second. Second. Seconded by Commissioner Mitchell. Other questions? You're none. All in favor, please say aye. Aye. Opposed to name. Motion carries. 7D is approval. Budget and mail request. 101-330 to increase revenues and allocate expenditures for a professional SVS MRC that training for public health clinical. The second and by commissioners. No questions? No questions? No. Second and by commissioners. No questions? No. Second and by commissioners. No. Second and by commissioners. No. Second and by commissioners. No. Second and by commissioners. No. Second and by commissioners. No. Second and by commissioners. No. Second and by commissioners. No. Seconded by Commissioner Eads. Hearing no questions, all in favor, please say aye. Aye, opposed to any? Motion does carry. Seven e is approval of budget amendment request 101-350 to increase revenues, now allocated expenditures, revirical equipment for a department emergency services in the amount of $2046. Approval. Second. Motion by Commissioner Eads. Seconded by Commissioner Mitchell, other questions? Your none. On favor, please say aye. Aye. Opposed to the Dean? Motion carries. 8A is approval of clarification from of and eligible child dependent as it relates to a foster child and or disabled child under the Denton County Benefits Plan. We'll call on Amy Phillips. Thank you, Judge. This clarification will not change anything that we do operationally, but apparently, the term foster child was not defined as clearly in our benefit plans as it could have been. And there has been some confusion, not at Denton County, but at one of the other, at least one of the other entities in the PEBC. And so the PEBC Board has taken action to clarify when a child that's in your care that's not your biological child would be covered and when they would not be covered. And they're asking that you affirm that clarification. Basically, foster child has been used kind of loosely by people. And a foster child really refers to a child that's placed in your home by a social service agency for any number of reasons. The state provides benefits for those children and therefore they're not eligible for coverage in our plan. Sometimes though people because of family situations take in children and take them under their care and sometimes the parent gives up authority and sometimes they don't. But a child that's being raised in your home that you're taking full parental responsibility for and meets all the criteria that are listed would not be eligible without a court order. Typically in a legal situation where you've taken full parental control, you would have a court order that would determine that child's eligibility in the plan. So those are two completely different situations and the PEMBC is trying to clarify that and asking that you affirm that. There's another clarification. Well, let me ask first if there are any questions about that part. It is. Yes. On the disability, the disabled child. Okay. There must be, say in order to be considered a disabled child on our plan, there must be a social security determination to explain that, please. Certainly. There are a lot of different ways that the term disabled is used. There's a legal definition under the ABA. There's a definition under workers comp. There's a definition used by the Social Security Administration. There are lots of different. And doctors will use a medical definition of social of disability. And so the plan is trying to clarify that just because somebody considers a child to be disabled, that doesn't mean they're necessarily disabled under our plan. And that this, that in order to be considered disabled under our plan a person would have to have social, the Social Security Administration determine that they were disabled and therefore eligible for those benefits. Any other questions? Okay. Do we need a motion to approve the clarification? Motion by Commissioner Marchant. Seconded by Commissioner Mitchell. Here no further questions. All in favor, please say aye. Aye. Opposed, the name? Motion carries. 8B is approval of 100% dependent eligibility audit for those enrolled in PBC medical and dental plans using a third party vendor, Chapman Kelly, and working under the direction of the PBC. Again, we'll call on Amy. Yes, I think we're all aware that every benefit plan has eligibility requirements and that compliance is really critical. Noncompliance runs up costs in the plan at the disadvantage of those people who are eligible and correctly enrolled. We have never had 100% eligibility audit before, but the PNBC Board has approved the hiring of a third party vendor to conduct such an audit for us. Chetman Kelly would be the vendor that would conduct this audit for all PEDC groups. They're a leader in this industry and they estimate that noncompliance or the finding of ineligible dependence in a plan is about two to eight percent of participants. This audit has been approved by the board and they're asking for you to affirm it. I want you to know that there will be full communication for those employees who do have dependents enrolled in the plan and will be audited. There will be full communication about the reasons for this, how the audit works. There should be lots of documents that are acceptable and those will be clearly laid out for employees. They'll be a clear list of what they can submit and what will be accepted as adequate documentation. There'll be a website that employees can go to for further information. And I don't know what questions you might have. The board has approved this and we're asking for you to affirm it today. Mr. Mitchell. We have access to what information that they're asking. Not the information it's self-answered but the question that they're asking for can we go in and we can get that for you sure. I'd like to see what kind of questions they're asking. I always but you know I don't need to know their answers but I understand just just what the audit looks like itself. And I should have said that any ineligible, any dependence that are found to be ineligible will be removed from the plan. It's up to each entity if they want to take further action what that action would be. Are there any other questions? if they want to take further action what that action would be. Are there any other questions? Do we have a motion for approval? Motion by Commissioner Eanes. Seconded by Commissioner Marchand. Here are no questions. All in favor please say aye. Aye. Aye opposed sinning. Motion is carry. Under 13A, this is approval of a letter to Mr. Jeffrey P. Fagan's Chief Executive Officer of DFW International Airport, documenting the support of Denton County for Inclusion within the service area for and trade zone number 39. Andy, do you want to speak to this? This is two letters, 13 A and B and one is to support the free trade, the service area for free trade zone status number 39. That's for DFW and also one for Alliance Airport, which is in Dittany County, which is number 196. And both of these letters are to service support for the service areas, the creation of these areas. DFW Airport and lines are both in favor of this. This is going to help streamline the process through the federal authorities for a free trade zone status, bring it down to about 90 days versus 18 months. And so this would benefit our local economy. And so with both the airports and I'm glad that we finally have these on to agenda today. So I would move for approval of 13a. Excuse me, just saying one, we go ahead and take 13a and b at the same time. 13b is approval of the letter to Mr. Tom Harris, President of the Lions quarter, incorporated Documentary Survey, Denton County, for inclusion within the service area, a foreign trade zone number 196. So your motion is for boaster? Yes. You, Jack. I had a question. Yes, sir. Go right ahead. Judge, is this the similar to the item that was being sought by the City of Corinth at some point in the past. Remember I think you had put it on the agenda regarding the City of Corinth wanting to have a free trade zone. I'm just wondering because I know you'd place that item on the agenda and then you'd removed it. We put this one on here. That's not here, of course, to know about it. Our lives had a course to know about it. We had this on the agenda before but it wanted to know if it was the same or similar. I could call my knowledge. If you were seeking this, we're now able to do it. I think that's the same. I think that's the same. I think that's the same. I think that's the same. I think that's the same. I think that's the same. I think that's the same. I think that's the same. I just wanted to know if it was the same or similar psychic college. Not to my knowledge if you were seeking this we're now able to do it. That was my question. This is totally separate and this was on previously placed and then we had some discussions with both of the airports and and reached an agreement with them. discussions with both of the airports and and and reached an agreement with them. So that was the only reason That was this was placed before but it didn't have anything to do with current except the fact that it didn't county I'm glad to call the economic development person at Corinth and make sure that They know that we've done this and hopefully it will help them And the other questions or comments? We have a motion by Commissioner Eads and seconded by Commissioner Marchand. Here no further questions. All in favor please say aye. Aye. Aye. Post and E motion does carry and that was for both 13 a and b. 13 c is approved of the appointment of Mr. Jean Kerry to the Louisville Teres at number two board. of the appointment of Mr. Jean Kerry to the Louisville Terz at number two board. Judge, we already had appointed Ronnie K to this board and we needed another person for this board in Louisville and they're waiting for this appointment two weeks and so they can conduct business. The conflict of interest page, he left out and I will be getting it to you guys, but with that I move approval. Thank you. Thank you. We have a motion by Commissioner guys, but with that I move approval. Thank you. Thank you. We have a motion by Commissioner Mitchell, seconded by Commissioner Eads. That was facts, the back up was facts yesterday. I got a copy, I don't know. We all headed it, I think. Okay, I just want to make sure everybody saw that. The motion is second on, favor please say aye. Aye. Aye, opposed to the name, motion does carry. And on the other item on the agenda is executive session. This is consultation with attorney pending potential litigation pursuant to section 551.0711A of the government code. Claim of Jennifer Butler. With that, we are an executive session Mis yours quarters reconvened from executive session. We'll call in Hardy Burke Morning, how you done? I'd like to resolution from the court to authorize Bob Davis to respond to a letter from Chris Reyes dated June 4th 2009 and to follow up on whatever matters gives rise to that response. The chair will some move. Remarkant, all in favor, please say aye. Aye. Opposed, Cine? Motion does carry. I want to make a little announcement. We do have some cake up in the 18. Is it up in the 1896 room? Yes. And that's for our retiree party. You're all welcome to come up there and have some cake. And congratulations, retirees. Without, we are adjourned. Have a great day. Thank you.