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 10, 2002

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 10th day of December, 2002, at 9:00 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. James Wells, Denton County Auditor, followed by the Pledges of Allegiance to the American and Texas Flags led by Ms. Carmen Rivera-Worley, Chief of the Civil Division of the Criminal District Attorney's Office.

Mr. Wells: Dear Heavenly Father, we thank You for this season of giving that You have brought for us. Help us each to remember that just as You gave Your son for us, we were undeserving, that we should have the same spirit that You showed toward us toward others, to our families and to our friends and to the people we meet on the street. Help us each to remember that You have ordained the spirit of giving in each of us. Watch over each of us as we conduct the business of the County. Protect us and give us wisdom in those decisions we make. In Christ's name. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of award of Worker's Compensation Insurance, RFP #08-02-1512, to Texas Association of Counties, and any appropriate action. (Briefing 12-03-02)

6.B) Approval of rejection of all proposals for Annual Voice and Data Cabling, RFP #09-02-1522, and any appropriate action. (Briefing 12-03-02)

6.C) Approval of specifications and authority to advertise for Annual Voice and Data Cabling, RFP #11-02-1530, and any appropriate action. (Briefing 12-03-02)

6.D) Approval of award of Bid for Detention Mattresses Bid # 10-02-1526 to Robinson Textiles, Inc., and any appropriate action. (Briefing 12-03-02)

BUDGET

7.A) Approval of Budget Amendment Request #100220 for Computer Hardware for County-Wide Technology in the amount of $6,558, and any appropriate action. (Briefing 12-03-02)

7.C) Approval of Budget Amendment Request #100250 for Computer Supplies, Computer Wiring and Telephone Service for County-Wide Technology and Telephone Department in the amount of $2,973, and
any appropriate action. (Briefing 12-03-02)

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.) Melanie Smith, Office Support Specialist II/R & B; Shelley Jezek, Administrative Specialist I/Criminal District Attorney; Mark Kampfhenkel, Maintenance - Repair Specialist I/County Operations; Antonio Mendes, Juvenile Corrections Officer/Juvenile Post Adjudication; Ben Eden, Juvenile Corrections Officer/Juvenile Post Adjudication; Dan Blake, Correction Facility Tech I/Law Enforcement Facility; Steffani Cox, Communications Officer I/Communications; Cubby Gardner, Bioterrorism Outbreak & Communications Manager/Bioterrorism Preparedness Grant.

PUBLIC WORKS

10.A) Approve the Final Plat of the Providence Addition, Phase 1-A, Precinct #1, and any appropriate action.

SHERIFF

12.A) Approval of a request from Sheriff Lucas to Submit an application to the Office of the Governor-Criminal Justice Division for continued funding for the Juvenile Impact Program the funding amount for the fiscal year 2003/2004 is $45,843 with a local cash match of $18,616 total $64,459 and discussion of a resolution, and any appropriate action. (Briefing 12-03-02)

OTHER DEPARTMENTS

13.A) Approval of the appointment of Julie Marko to the Denton County Historical Commission-Historical Commission, and any appropriate action. (Briefing 12-03-02)

LEGAL

14.B) Approval of the Service Agreement between Denton County and the Court Appointed Special Advocates of Denton County (C.A.S.A.), and any appropriate action. (Briefing 12-03-02)

14.C) Approval of the Service Agreement between Denton County and the Denton City County Day School, and any appropriate action. (Briefing 12-03-02)

14.D) Approval of the Service Agreement between Denton County and the Denton County Family Resource Center, and any appropriate action. (Briefing 12-03-02)

14.E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Pilot Point and any appropriate action. (Briefing 12-03-02)

14.F) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Pilot Point and any appropriate action. (Briefing 12-03-02).

14.H) Approval Discussion of renewal of the Interlocal Cooperation Agreement for Juvenile-Pre-Adjudication Facility between Denton County and Hopkins County and any appropriate action. (Briefing
12-03-02)

14.I) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile-Post-Adjudication Facility between Denton County and Hopkins County and any appropriate action. (Briefing 12-03-02)
14.L) Approval of Contract between Denton County, Texas, and Huitt-Zollars, Inc. for the Eakin Cemetery Bridge Replacement under the BRINSAP, RFQ #05-01-1424, Bridge Replacement Program, and
any appropriate action. (Briefing 12-03-02)

14.M) Approval of the Contract between Denton County, Texas, and Huitt-Zollars, Inc. for the Trietsch Road Bridge Replacement under the BRINSAP, RFQ #05-01-1424, Bridge Replacement Program, and any appropriate action. (Briefing 12-03-02)

14.P) Approval of letter to Denton County Fresh Water Supply District No. 6 regarding contracts for landscape and hardscape improvements, and any appropriate action. (Briefing 12-03-02)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0752

ITEM 14 LEGAL

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

14.G) Approval of Road Construction Contract between Glenn Thurman, Inc. and Laurel Development I, L.P., on behalf of Denton County Fresh Water Supply District No. 6 as required by Texas Transportation Code Section 257.003 and any appropriate action. (Briefing 12-03-02)

14.K) Approval of Road Construction Contract between Glenn Thurman, Inc. and Razor Ranch, L.P., on behalf of Denton County Fresh Water Supply District No. 7, as required by Texas Transportation Code
Section 257.003, and any appropriate action. (Briefing 12-03-02)

14.N) Approval of Road Construction Contract between Rayzor Ranch, L.P., on behalf of Denton County Fresh Water Supply District No. 6 and Denton County Fresh Water Supply No. 7 and Lacy Construction a division of L.H. Lacy Co., as required by Texas Transportation Code Section 257.003, and any appropriate action. (Briefing 12-03-02)

14.O) Approval of Road Construction Contract (Parcel 13A) between Rayzor Ranch, L.P., on behalf of Denton County Fresh Water Supply District No. 6 and Denton County Fresh Water Supply No. 7 and Lacy
Construction a division of L.H. Lacy Co., as required by Texas Transportation Code Section 257.003, and any appropriate action. (Briefing 12-03-02)

Move to approve Items 14.G, K, N, & O by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0753

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.)

DELETION from Bioterrorism, ($176.50) to Office Depot, (Credit Invoice).

ADDITIONS TO
GENERAL -
Non-Dept., $9,426.00 to the District Clerk of Denton County for ROW Acquisition;
$ 32.00 to Cracker Barrel for employee lunch;
Misc., $9,522.76 to TXU Gas for services to various county buildings;
Colony Annex, $901.31 to CoServ for services.
TNCP, $31.23 to TXU Gas for services;
'99 Road Construction, $9,574.00 to the District Clerk of Denton County for ROW Acquisition.

Move to approve the amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0754

ITEM 6 PURCHASING

6.E) Approval of specifications and authority to advertise for Temporary Services, RFP #10-02-1527, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0755

ITEM 7 BUDGET

7.B) Approval of Budget Amendment Request #100230 for Vehicle Repairs including the transfer of funds from Non-Departmental Unappropriated Contingency-Vehicle Repair Contingency in the amount of $2,450, and any action. (Briefing 12-03-02)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0756

7.D) Approval of Budget Amendment Request #100260 for Cars/Small Trucks including the transfer of funds from Non-Departmental Unappropriated Contingency-Alternative Fuel Vehicle Contingency for
Public Health-Environmental in the amount of $5,669.00 and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0757

ITEM 8 HUMAN RESOURCES

8.B) Approval of a Denton County Benefit Plan Policy, and any appropriate action. (Formal 11-26; 12-03-02)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 02-0758

ITEM 13 OTHER DEPARTMENTS

13.B) Approval of any action related to the 78th Legislative Session. Commissioners Court
NO ACTION

13.C) Approval of: 1) an order to call Local Option Election - City of Little Elm for "the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Holders Only" on February 1, 2003 at Little Elm
Community Center, 101 Hardwicke Lane, Little Elm, Texas, Denton County and to designate the Little Elm Community Center, 101 Hardwicke Lane, Little Elm, Texas, Denton County as the main early voting site, that early voting will begin January 15, 2003 thru January 28, 2003, dates and hours of specific locations are as per attached memo, the address of the early voting clerk is Don Alexander, P.O. Box 1720,
Denton, Texas 76202; and 2) an order to call Local Option Election - City of Little Elm for "the Legal Sale of Beer and Wine for Off-Premise Consumption Only" on February 1, 2003 at Little Elm Community
Center, 101 Hardwicke Lane, Little Elm, Texas, Denton County and to designate the Little Elm Community Center, 101 Hardwicke Lane, Little Elm, Texas, Denton County as the main early voting site, that early voting will begin January 15, 2003 thru January 28, 2003, dates and hours of specific locations are as per attached memo, the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton,Texas 26202.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0759

13.D) Approve the acceptance of completion of the continuing education provisions of Texas Local Government Code, Article 81.0025 by Commissioner Cynthia White, Precinct One for 2002.

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0760

ITEM 14 LEGAL
14.J) Approval of (a) participating in the Regional Public Works Program including Comprehensive Drainage Criteria & Design Manual and (b) authority for the County Judge to execute the FY 2003 Funding
Commitment Response Form, and any appropriate action. (Briefing 12-03-02)

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-1-0 (White nay)
Court Order 02-0761

ITEM 17 RECESS 9:44 AM
ITEM 18 RECONVENE 9:51

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 10:45 AM

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.
NO ACTION ON ITEMS 15. A, B, C, OR D.

ITEM 19 ADJOURNMENT 10:46 AM

This set of minutes for December 10, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.