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.

October 29, 2002

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 29th day of October, 2002, at 9:05 AM by Denton County Judge Mary Horn. Commissioners Jim Carter and Cynthia White were present, along with County Clerk Cynthia Mitchell's representative, deputy clerk Kathleen Bransford.

Court opened with an Invocation by Chaplain Bob Garsee from the Denton County Sheriff's Office,
and was followed by the Pledges of Allegiance to the American and Texas Flags led by Carmen Rivera-Worley, Chief of the Civil Division of the Criminal District Attorney's Office.

Chaplain Garsee: Our Father, how grateful we are that we can come before You and that we can lift this Court up to You today; that Judge Horn and each one of the Commissioners, Heavenly Father, as they make decisions, that You would give us direction, and, Heavenly Father, that You would give us correction in all the things we do. We thank You for our freedom, something that sometimes we take so lightly that we can come together, discuss our business together and we praise Your name. In Jesus' name, Amen.

ITEM 1 PUBLIC INPUT

ITEM 16 ADDENDA

16.A) Approve the appointment of Election Judges for the Election Year 2002-2003 for Denton County, Texas and any appropriate action. Election Department

Move to approve and authorize the County Judge to sign an Emergency Appointment of an Election Judge for Precinct # 427, if necessary, by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-0
Court Order 02-0686

ITEM 2 CONSENT AGENDA

BUDGET

7.A) Approval of Budget Amendment Request #100070 for Computer Software for County-Wide Technology in the amount of $2,600 and any appropriate action. (Briefing 10-22-02)

7.B) Approval of Budget Amendment Request #100080 for computer Software for County-Wide Technology in the amount of $520 and any appropriate action. (Briefing 10-22-02)

7.C) Approval of Budget Amendment Request #100110 for Office Furniture for Justice of the Peace, Precinct #2 in the amount of $1,000 and any appropriate action.

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.) Dwane Chappelle, Juvenile Corrections Officer/Juvenile Post Adjudication; Juanita Brown, Juvenile Detention Officer/Juvenile Detention; Kevin Huffman, Sergeant-Transport/County Jail; Casey Finke, Deputy Sheriff-Transport/County Jail; Stacy Holden, Bailiff/Probate Court/Sheriff's Dept.; Ellen Farley, Family Law Attorney II (PT), DA-Civil Domestic Violence Grant.

OTHER DEPARTMENTS

13.B) Approval of St. Andrew Presbyterian Church of Denton using the parking lot of the Carroll Building on the corner of Carroll Blvd. and Mulberry St. on November 15 and November 16, 2002 and any
appropriate action. County Judge (Briefing 10-22-02)

LEGAL

14.C) Approval of a) the Project for construction and maintenance of Legacy Drive and the Burlington Northern Santa Fe Railroad Underpass located within the City of Frisco and b) the Interlocal Cooperation
Agreement between Denton County, Texas, and the City of Frisco for construction and maintenance of Legacy Drive and Burlington Northern Santa Fe Railroad Underpass located within the City of Frisco and
any appropriate action. (Briefing 10-22-02)

14.D) Approval of a) the Project for construction of a traffic signal at Lebanon Road and F.M. 423 located within the City of Frisco and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Frisco for construction of a traffic signal at Lebanon Road and F.M. 423 located within the City of Frisco and any appropriate action. (Briefing 10-22-02)

Move to approve Consent Agenda by Comm. White, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 02-0687

ITEM 5 AUDITOR/TREASURER

5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS FROM GENERAL -
$6,472.00 to DBR Construction, per Operations department;
$2,777.75 to Denton Convention & Visitor Center, incorrect vendor on P.O.;
$ 490.00 to Gina Hill, Attorney, incorrect amount.

ADDITIONS TO GENERAL -
$169.30 To Texas Parks & Wildlife for a fine;
$ 11.00 to County Clerk for Abstract Recall;
Community Corrections., $363.00 to McCary Counseling for Counseling in July 2002;
2002 Tax Notes, $52,456.17 to J.C. Commercial for Contractor Fee/Charlie Cole Building.

Move to approve amended Bill Report by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-0
Court Order 02-0688

ITEM 6 PURCHASING

6.A) Approval of specifications and authority to advertise for Detention Mattresses, Bid #10-02-1526, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-0-0
Court Order 02-0689

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of appropriate action to insure timely letting of the SH 121 Project. Commissioner, Precinct #2 (Formal 10-15, 22-02)
NO ACTION - ITEM POSTPONED

13.C) Approval of proposed wording for the plaque that will be located near the Confederate Soldier Monument and any appropriate action. County Judge (Briefing 10-22-02)
NO ACTION - ITEM POSTPONED

13.D) Approve the appointment of Royce Clifton Anderson to the Denton County Rural Fire Prevention District #1 to fill the vacancy created by the resignation of Jeff Kappell and any appropriate action.
Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 02-0690

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.
NO ACTION

14.B) Approval of jail magistrate contract and any appropriate action. (Formal 10-15, 22-02)

Move to approve Robin Ramsay as Administrative Magistrate beginning November 1, 2002 for a contract amount of $16,500 by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 02-0691

14.E) Approval of Annual Comprehensive Maintenance Program Agreement between DMI, Decker Mechanical Corp., and Denton County, Texas for HVAC full service maintenance and any appropriate
action. (Briefing 10-22-02)

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 02-0692

14.F) Approval of the Standard Form of Agreement for Services between NetVersant and Denton County, Texas and any appropriate action.
NO ACTION - ITEM POSTPONED
Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 13)

ITEM 17 RECESS 9:22 AM
ITEM 18 RECONVENE 9:45 AM

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.

Court Convened in Executive Session
Court Reconvened in Formal Session

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); Luther Joe Lee, individually and as Trustee of the Dorothy LaVerne Lee Testamentary Trust, Frankie Jo
Robbins, individually, as Trustee of the Jason Lee Robbins 1994 Irrevocable Trust, and as Trustee of the Jon Mark Robbins 1994 Irrevocable Trust, Jon Mark Robbins and Jason Lee Robbins v. Town of North Lake, Texas, Denton County, Texas and the State of Texas; Cause No. 2001-40730-362, pending in the 362nd District Court of Denton County, Texas.

15.D) Consultation with attorney concerning pending litigation, pursuant to Government Code, Section 551.071 (1)(A); Tarrant County v. Denton County, Cause No. 02-00-00358-CV, pending in the 2nd Court of Appeals of Texas at Fort Worth.

15.E) Consultation with Attorney: Texas Government Code, Section 551.071 (2); State Infrastructure Bank Loan terms and conditions for State Highway 121 Main Lanes Project.
NO ACTION ON ITEMS 15.A THROUGH 15.E

15.F) Consultation with Attorney, Contemplated Litigation pursuant to Section 551.071(1)(A), Government Code; Discuss class action suit notice, Shubert v. Federal Express Corporation; In the Circuit Court of Cook County, Illinois, County Department, Chancery Division; Case no. 00-CH-5597 15.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Shubert, et. al. v. Federal Express Corporation.

Move to combine Items 15.F & 15.G into one item and assign to the Civil Division of the Criminal District Attorney's Office by Comm. White, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 02-0693

ITEM 19 ADJOURNMENT 10:35 AM

This set of minutes for October 29, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.