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 3, 2002

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 3rd day of December, 2002, at 9:12 AM in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by Denton County Judge Mary Horn. Commissioners Sandy Jacobs, 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 Mr. Jim Health, Commissioner Court Liaison with the Denton County Historical Commission, followed by the Pledges of Allegiance to the American and Texas Flags led by Mr. Tom Reedy, Staff Writer for the Denton Record Chronicle.

Mr. Heath: Our Heavenly Father, thank You for this day. Thank You for this country. Thank You for our state and our County. Please be with our Commissioners this morning as they deliberate County business and may their decisions be for the benefit of the County as a whole. In Thy name, we pray. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

(Items 6.B & 6.C were pulled from Consent Agenda for further consideration and/or separate vote.)

AUDITOR/TREASURER

5.B) Approval of Payroll

PURCHASING

6.A) Approval to declare a 6624 line card surplus and use as trade-in toward the purchase of a VG248 Analog Phone Gateway for the Courts Building, and any appropriate action. (Briefing 11-26-02)

6.D) Approval of renewal for Gas and Diesel, #09-01-1450, to Kelsoe Oil (Gasoline) for a Firm Profit Margin of $0.0400 and Reeder Distributors (Diesel) for a Firm Profit Margin of $0.0390, and any
appropriate action. (Briefing 11-26-02)

BUDGET

7.A) Approval of Budget Amendment Request #100240 for Photographic Equipment for Game Warden in the amount of $255, 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.) Amanda Gross, Administrative Manager/Centralized Road & Bridge.

OTHER DEPARTMENTS

13.A) Approval of Building Usage Request by the University of North Texas on December 3rd and December 10th, 2002, for use of the Commissioners Courtroom from 6:00pm to 9:00pm, for the purpose of
Environmental Law Class-Court Argument-Aide-to-the-Court, and any appropriate action. (Briefing 11-26-02)

13.B) Approval of an appointment of Joann N. Hanson to the Veterans Advisory Board, and any appropriate action. County Judge (Briefing 11-26-02)

13.C) Approval of the re-appointment of Mr. Robert Manning to the Regional Aging Advisory Committee (RAAC), and any appropriate action. County Judge (Briefing 11-26-02)

LEGAL

14.B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Wise County, and any appropriate action. (Briefing 11-26-02)

14.C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Wise County, and any appropriate action. (Briefing 11-26-02)

Move to approve Consent Agenda with the exception of Items 6.B & 6.C by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0744

ITEM 6 PURCHASING

6.B) Approval of award of bid for Security Cameras-Juvenile Detention, Bid #08-02-1518, to CoServe Security for $10, 969.82, and any appropriate action. (Briefing 11-26-02)

6.C) Approval of renewal for Printing, Bid #09-01-1448, Section I to Metroplex Finishing and Section II and III to CLC Business Products, and any appropriate action. (Briefing 11-26-02)

Move to approve Items 6.B & 6.C by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0745

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, $175.00 to D. Keith Orsburn, Attorney - incorrect amount;
IC, $41.46 to Family Radiology - per department.
$132.56 to Tanveer Qureshi, M.D., per department.

CORRECTIONS -
General, $10,000.00 to Trophy Club Emergency Medical Service, re-issue @ $1067.75;
TNCP, $2,566.57 to Texaco/Shell, re-issue @ $1310.14;
$ 433.73 to Chevron U.S.A., re-issue @ $230.12;
SH 121, $47,186.00 to Bridge Farmer & Associates, re-issue @ $30,101.00.

ADDITIONS -
General, Elections, $165.00 to Shirley Crouch for election expenses;
Elections, $115.50 to Oliver Tarbell for election expenses;
Constable # 2, $64.00 to Samsung, In-line Coupler/60' Cable;
R & B, $15,749.65 to Aber Fence & Supply Company for Chain Link Fence;
TNCP, $352.27 to the City of Denton Utilities for service.

Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 02-0746

ITEM 7 BUDGET

7.B) Approval of request from Justices of the Peace-Elect positions for authorization of payment of reasonable education expenses incurred between the general election and the beginning of the officer's
term and any appropriate action.

Move to approve and amended that the Justices of the Peace must sign a liability waiver by
Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0747

ITEM 8 HUMAN RESOURCES

8.B) Approval of a Denton County Benefit Plan Policy, and any appropriate action. (Briefing 11-26-02)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motions Rescinded - Action Postponed

ITEM 10 PUBLIC WORKS

10.A) FOR RECORDING PURPOSES ONLY: Approval of Road Superintendent road report for the month of September, 2002.

Move to approve for recording purposes only by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0748

ITEM 14 LEGAL

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

14.D) Approval of the Agreement between Denton County, Texas, and Teague Nall and Perkins, for right-of-way surveying for improvements to FM 1173 at Hickory Creek in the amount of $21,250.00.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0749

14.E) Approve Interlocal Cooperation Agreement with the City of Denton for Animal Control Services.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0750

ITEM 17 RECESS 9:34 AM
ITEM 18 RECONVENE 10:24 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 11:20 AM

15.A) Real Property: Texas Government Code, Section 551.072: Real Property.
NO ACTION

15.B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076.
NO ACTION

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.

Move to authorize the settlement of Cause No. 2001-40730-362 in the 362nd Judicial District Court, Denton County, Texas and Cause No. ED-2002-00370, originally filed in the Probate Court of Denton County which was subsequently transferred and consolidated in Cause No. 2001-40730-362. The terms of the Settlement Agreement require conveyance of fee simple title by the Plaintiffs to the State of Texas for use as right-of-way for improvements to Interstate 35-W as approved in Texas Transportation Commission Minute Order No. 106745. Defendant Denton County agrees to fund compensation for the lawful condemnation of Plaintiffs' property in the amount awarded by the Special Commissioners', already deposited into the Registry of the Court, and an additional $19,000. Plaintiffs, as part of the Settlement Agreement agree to dismiss with prejudice a Fifth Amended Petition which will be
filed with the Court and execute a general release to Denton County, its officers, agents, employees for all causes of action associated with the Plaintiffs' property as related to Texas Transportation Commission Minute Order No. 106745. The settlement authority authorized by this Order is for the Agreed Judgment and Settlement Agreement circulated between the parties as of December 3, 2002, or terms substantially similar thereto, for the improvements to Interstate Highway 35-W, a controlled access highway found to be a public necessity and for public safety in Minute Order No. 106745 by the Texas Transportation Commission by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-1 (White nay, Mitchell abstained)
Court Order 02-0751

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.
NO ACTION

ITEM 19 ADJOURNMENT 11:30 AM

Move to adjourn by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0

This set of minutes for December 3, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.