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.

November 12, 2002

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 12th day of November, 2002, at 9:06 AM by Denton County Judge Mary Horn. Commissioners Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell's representative, deputy clerk Kathleen Bransford.

Court opened with an Invocation by Kelly Zwinggi, Public Works Director, and was followed by the Pledges of Allegiance to the American and Texas Flags led by Amy Phillips, Human Resources Director.

Mr. Zwinggi: Oh Dearly Beloved Word of God, teach me to be generous, to serve Thee as Thou most deserve, to give without counting the cost, to fight without fretting at my wounds, to labor without seeking rest, to spend myself without looking for any reward other than that of knowing that I do Thy holy will. Amen.

ITEM 1 PUBLIC INPUT

Ms. Mildred Hawk, Denton, Texas asked the court to provide some rules and regulations on the removal of the iron bridges.

ITEM 4 PUBLIC HEARING

4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2), Abstract #792, Tract 40, Precinct #1, as
requested by Mr. and Mrs. Pirkle and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Planning Department and any appropriate action. Public Works/Planning

Move to Open Public hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0

No one spoke either for or against this amendment.

Move to Close Public Hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0

Move to approve amendment by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0706

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of selecting HDR as the most qualified firm for Engineering Services for the Renovation of Doors and Control Services for Juvenile Detention and authority to negotiate a contract, and any
appropriate action. (Briefing 11-05-02)

6.B) Approval of ranking Halff Associates, Inc. as the most qualified firm for RFQ #08-02-1408 for Civil Engineering Services for FM2499 - Section 3, and any appropriate action. (Briefing 11-05-02)

BUDGET

7.A) Approval of Budget Amendment Request #100120 to increase revenues and allocate expenditures for Salary, Assistance/Benefits for DA-Civil Child Abuse Grant in the amount of $76,162 and any appropriate action. (Briefing 11-05-02)

7.C) Approval of Budget Amendment Request #100130 for Office Supplies for Criminal District Attorney-Hot Check Department including the transfer of funds from DA-Hot Check Fund Unappropriated Contingency funds for a total of $2,000.

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.) Carla Rickert, Detention Officer I/County Jail; James Manning, Detention Officer I/County Jail; Scott Alvis, Detention Officer I/County Jail.

8.B) Approve a revision to Personnel Policy #4.2-Worker's Compensation Pay/Leave and any appropriate action. (Briefing 11-05-02)

8.C) Approve a Privacy Policy for HIPAA compliance and any appropriate action. (Briefing 11-05-02)

8.D) Approve a revision to Personnel Policy #2.14-Drug Alcohol Policy for Employees and any appropriate action. (Briefing 11-05-02)

COUNTY CLERK

11.A) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for October 29, 2002, and any appropriate action.

SHERIFF

12. B) Approve the transfer of monies totaling $442.28 (plus any accrued interest) resulting from the sale of auctioned property into the North Central Texas Narcotics Task Force Generated Program Income
account currently held in a Denton County Treasurer's General Revenue Account and any appropriate action. (Briefing 11-05-02)

OTHER DEPARTMENTS

13.A) Approval of Resolution opposing the proposed construction of an electric generating facility in Parker County, near Lake Weatherford and any appropriate action. County Judge (Briefing 11-05-02)

LEGAL

14.C) Approval of Local Government Term Rental Agreement between Pitney Bowes, Inc. and Denton County, Texas for a new mail processor. (Briefing 11-05-02)

14.D) Approval of the GalleryWatch.Com Subscription Agreement between Denton County, Texas, and GalleryWatch.Com, Inc. (Briefing 11-05-02)

14.E) Approval of (a) Statement of Work for Services Acquired from an IBM Business Partner and (b) the Agreement for Services Acquired from an IBM Business Partner between Denton County, Texas, and
International Business Machines Corporation. (Briefing 11-05-02)

14.F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Ponder Volunteer Fire Department. (Briefing 11-05-02)

14.G) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Argyle Volunteer Fire District. (Briefing 11-05-02)

14.H) Approval of the Interlocal Cooperation Agreement for Ambulance between Denton County and the Argyle Volunteer Fire District. (Briefing 11-05-02)

14.I) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Double Oak Volunteer Fire Department. (Briefing 11-05-02)

Move to approve the Consent Agenda by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 02-0707

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.)

DELETIONS -
General, $96.00 to the Texas Roadhouse, per department;
R & B, $679.23 to Holt Company for a returned item.

ADDITIONS -
GENERAL -
MH/Jail, $4,944.02 to Bank One Commercial Card Services for MH/Prisoner transport;
Constable # 4, $27.00 to Quail Creek Range for Firearm Qualification Fees;
Operations, $75.00 to Plumbers Continuing Education, registration fee for R. Baughman;
DA, $55.00 to Dallas County Constable for Subpoena Service.
PUBLIC HEALTH, $4,063.00 to Wells Fargo for Cashier's check to Texas Medical Liability
Insurance Underwriting Association for J. Rampoldi.

Move to approve the amended Bill Report by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 02-0708

ITEM 7 BUDGET

7.B) Approval of Budget Amendment Request #100150 for Jail Magistrate Expense for Judiciary and Court Support including the transfer of funds from Non-Departmental Unappropriated Contingency-
Regular Contingency in the amount of $16,500 and any appropriate action. (Briefing 11-05-02)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 02-0709

ITEM 10 PUBLIC WORKS

10.A) Approve the Final Plat of the Crescent Addition, Phase A - Lantana, Precinct #4.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0710

ITEM 12 SHERIFF

12.A) Approval of request, from Sheriff Weldon Lucas, for the use of the minimum security building (Old Gas Station) located at East McKinney Street in Denton, Texas and any appropriate action. (Briefing
11-05-02)

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0711

ITEM 14 LEGAL

14.B) Approval of the Agreement between Denton County, Texas, the City of Denton and Denton Holiday Festival, Inc. (Briefing 11-05-02)

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 02-0712

ITEM 16 ADDENDA

16.B) Approval of (a) Participating in 2003 Digital Aerial Photography Project and (b) authority for the County Judge to execute the FY 2003 Funding Commitment Response Form. Public Works/Planning
Division

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0713

ITEM 17 RECESS 9:45 AM
ITEM 18 RECONVENE 10:21 AM

ITEM 13 OTHER DEPARTMENTS

13.B) Approve the results for the November 5, 2002 General Election. Elections Department

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0714

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 10:32 AM
Court Reconvened in Formal Session 12:02 PM

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: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(); Claim by Aber Fence & Supply.
NO ACTION ON ITEMS 15.A THROUGH 15.E

ITEM 16 ADDENDA

16.A) EXECUTIVE SESSION - Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(a): LifeRe Administrators, Inc., HRM and CBCA. DA/Civil

Move to assign to the Criminal District Attorney, Civil Division, by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 3-0-0 (White absent for vote)
Court Order 02-0715

ITEM 19 ADJOURNMENT 12:04 PM

Move to adjourn by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0

This set of minutes for November 12, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.