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 17, 2002

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 17th day of December, 2002, at 9:02 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 Ms. Rebecca Acrey from Texas Cooperative Extension, followed by the Pledges of Allegiance to the American and Texas Flags led by Ms. Chaunsey Hardin of Texas Cooperative Extension.

Ms. Acrey: Our Heavenly Father, we thank You for the safe travel of our fellow citizens to this gathering. We pray that You guide our elected officials to make the right choices in protecting our freedom as a nation, a state and a county. Give them the courage to stay the course. Protect those here, their families and loved ones this holiday season as we celebrate Your birth. Protect and guide us as we go forth. In the Lord's name. Amen.

ITEM 1 PUBLIC INPUT

Commissioner Jim "Santa Claus" Carter wished everyone a very Merry Christmas - Ho, Ho, Ho.

Mrs. Sharon Cox, Communications Coordinator for the Denton Independent School District, and Ms. Susan Bolte, Principal of Rivera Elementary School, spoke to the court about the new TAKS test which replaces the TAAS test and the need for mentors to assist students in their studies.

Texas Cooperative Extension presented Commissioners Court with their 2002 Annual Report.

ITEM 2 CONSENT AGENDA

AUDITOR/TREASURER

5.B) Approval of Payroll.

5.C) Acceptance and approval of the Denton County Quarterly Investment Report for the quarter ended 9/30/2002, and any appropriate action. (Briefing 12-10-02)

PURCHASING

6.A) Approval of renewal of contract for Medical Supplies, Bid #10-01-1454 to Allegiance Healthcare, and any appropriate action. (Briefing 12-10-02)

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.) Karen Gill, Maintenance Scheduler-Dispatcher/County Operations; Jeannine Petty, Financial Support Specialist II/District Clerk; Harold Bays, Mechanic-Welder/R & B; Molly Kicklighter, Misdemeanor Prosecutor/Criminal District Attorney; Kirk Wyman, Detention Officer I/County Jail; Daphne Fernander, Budget Analyst/Budget Office.

8.B) Approve a revision to Personnel Policy #3.15 Military Leave. (Briefing 12-10-02)

8.C) Approve a Cafeteria Plan for 2003, and any appropriate action. (Briefing 12-10-02)

8.D) Approve Stop Loss Rates and Limit as shown in Option 6 for 2003, and any appropriate action. (Briefing 12-10-02)

8.E) Approve Benefit Plan Vendor Rates for the 2003 Plan Year, and any appropriate action. (Briefing 12-10-02)

PUBLIC WORKS

10.A) Approval of Change Order 157 to Jagoe-Public Inc., to provide and install excavation, stabilization, concrete curb, gutter and street paving to extend and repair Troy H. Lagrone Drive, and any
appropriate action. (Briefing 12-10-02)

10.B) FOR RECORDING PURPOSES ONLY: Approval of Road Superintendent Report for the month of October, 2002.

COUNTY CLERK

11.A) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 19, 2002, and any appropriate action.

11.B) Approval of the transcribed minutes and the County Clerk's minutes from Commissioners Court Formal Agenda for November 26, 2002, and any appropriate action.

OTHER DEPARTMENTS

13.B) Approval of Building Usage Request by Jessie Iverson for use of Commissioners Courtroom on Sunday, December 29, 2002 for the purpose of Eagle Court of Honor from 5:00 p.m. to 9:00 p.m., and any
appropriate action. Aide -to-the-Court (Briefing 12-10-02)

LEGAL

14.B) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Pilot Point, and any appropriate action. (Briefing 12-10-02)

14.C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the Town of Flower Mound, and any appropriate action. (Briefing 12-10-02)

14.E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the Town of Flower Mound, and any appropriate action. (Briefing 12-10-02)

14.F) Approval of the Service Agreement between Denton County and the Services Program for Aging Needs (S.P.A.N.), and any appropriate action. (Briefing 12-10-02)

14.G) Approval of the Service Agreement between Denton County and the Services Program for Aging Needs (S.P.A.N.) - Veterans Transportation, and any appropriate action. (Briefing 12-10-02)

14.H) Approval of the Service Agreement between Denton County and Denton County MHMR, and any appropriate action. (Briefing 12-10-02)

14.I) Approval of the Service Agreement between Denton County and Adult Day Care of North Texas, Inc., and any appropriate action. (Briefing 12-10-02)

14.J) Approval of the Service Agreement between Denton County and Family Health Care, Inc., and any appropriate action. (Briefing 12-10-02)

14.K) Approval of the Service Agreement between Denton County and the Boys & Girls Club of Denton County, and any appropriate action. (Briefing 12-10-02)

14.L) Approval of the Service Agreement between Denton County and AIDS Services of North Texas, and any appropriate action. (Briefing 12-10-02)

14.M) Approval of the Service Agreement between Denton County and the Children's Advocacy Center for Denton County, and any appropriate action. (Briefing 12-10-02)

14.N) Approval of: a) the Project for plans, specifications and engineering for the construction of F.M. 423 from Stewart Creek Road to U.S. 380, located within the City of Frisco and b) the Interlocal
Cooperation Agreement between Denton County, Texas and the City of Frisco for plans, specifications and engineering for the construction of F.M. 423 from Stewart Creek Road to U.S. 380, located within the City
of Frisco, and any appropriate action. (Briefing 12-10-02).

14.O) Approval of: a) the Project for plans, specifications and engineering for the construction of F.M. 2934 from the Dallas North Tollway, west to 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 plans, specifications and engineering for the construction of F.M.2934 from the Dallas North Tollway, west to F.M. 423, located within the City of Frisco, and any appropriate action. (Briefing 12-10-02).

14.P) Approval of Interlocal Cooperation Agreement for Patrol Service between Constable Precinct #4 and the Town of Bartonville, and any appropriate action. (Briefing 12-10-02)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0762

ITEM 5 AUDITOR/TREASURER

5.A) Approval of Bill Report & Acceptance of Auditor's Monthly Financial Report for October 2002.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS FROM GENERAL -
$ 9,151.13 to Town of Flower Mound, incorrect amount;
$11,300.13 to Little Elm V.F.D., incorrect amount;
$ 9,722.86 to City of Pilot Point, incorrect amount;
$ 50.00 to Coby Waddill, Attorney, incorrect vendor;
$ 50.00 to Brian Freed, incorrect vendor;
$ 32.00 to Golden Corral, replaced by manual check;
$ 146.60 to Oriental Trading Company, per department.

ADDITIONS -
TO GENERAL -
Telephone, AT&T, $ 15.26 for service on calling cards;
Sprint, $ 25.83 for services- S.O. Gun Range
$ 464.11 for services- combined Disk Bill;
Verizon, $ 105.28 for services- Child Advocacy
$ 51.51 for DSL - Lewisville # 2;
S.W.Bell, $ 1,849.43 for services - Electronic Billing.
$ 132.00 for Telephone Book Listings;
$ 59.61 for services - Public Facilities;
$ 70.25 for services to Constable # 2.
Const.#2, ExxonMob. $ 171.42 - gasoline for Constable # 2.
Law Enf., CoServ $ 157.05 - services for S.O. Gun Range;
$ 522.20 - services for Grapevine Tower Site;
1st Choice $ 710.59 for S.O.
Co. Clerk, U.S. Post. $ 630.00 for P.O. Box Rent.
Misc., Verizon Wireless $ 8,671.16 for various Sheriff's Offices.
Const#4, Wright Ex. $ 31.24 for gasoline for Constable # 4.
Leased Bldg, Reliant $ 217.19 for services for Constable # 4.
Pch, Clarence McCraw $ 322.23 for Purchasing - Austin Conf.
Non-Dept., Golden Cor $ 32.00 for Const. # 4 Holiday Lunch.
Ops, TNA Systems $33,235.79 for Software Consulting.
Elect, J. Downey $ 104.00 for Election Expense.
R & B, TXU Gas $ 173.77 for services - D4;
1st Choice Power $ 13.30 for services - D1.
Juv Probation, Chevron $ 149.83 for gasoline.
TNCP, Verizon $ 169.56 for services.
WIC, 1st Choice Power $ 122.17 for services.

Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0763

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #100280 for contract Labor including the transfer of funds from Non-Departmental Unappropriated Contingency Contingency-Regular Contingency for
Commissioner, Precinct #4 in the amount of $2,635, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0764

ITEM 8 HUMAN RESOURCES

8.F) Approve exempting the self-funded portion of the Denton County Public Employee Benefits Cooperative Plan (PEBC EPA Medical Plan, PEBC PPO Medical Plan and PEBC Denton Plan) from the requirements of title XXVII of the Public Health Service Act (PHS Act), and any appropriate action. (Briefing 12-10-02)

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0765

ITEM 13 OTHER DEPARTMENTS

13.C) Approve the re-appointment of Thomas S. Yoder to the Denton County Building & Property Committee. Commissioner, Precinct #4.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0766

13.D) Approve the appointment of David Ford to the Denton County Building & Property Committee.
Commissioner, Precinct #4.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0767

13.E) Approval of additional amendment to terms of Chapter 381 with AmerisourceBergen Corporation. Economic Development

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 02-0768

ITEM 14 LEGAL

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

14.Q) Approval of Amendment No. 1 to the Section 125 Service Agreement between Denton County, Texas and LifeRe Insurance Company, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0769

14.R) Approval of Lease Purchase Schedule No. 604 with attachments, exhibit, and Essential Use Letter between Denton County and Dell Financial Services, L.P., and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0770

14.S) Approval of: a) the Project for improvements and resurfacing of Lois Road located within the City of Sanger and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of
Sanger for improvements and resurfacing of Lois Road located within the City of Sanger, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 02-0771

ITEM 16 ADDENDA

16.A) Approval of West Group Subscriber Agreements for WestlawPRO products, "patron access" to include (1) Primary Law Silver - Texas; (2) All AMJUR w/ALR; and (3) Texas Analytical Library for the Denton County Law Library, and any appropriate action. DA/Civil

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0772

16.B) Approval of a) Termination of the Chapter 381 Agreement between Denton County, Texas, and SYSCO Food Services of Dallas, L.P., a Texas limited Partnership and b) the Tax Abatement Agreement
between Denton County, Texas, and SYSCO Food Services of Dallas, L.P., a Texas limited partnership, and any appropriate action. DA/Civil

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 02-0773

16.C) Approval of renewal of Agreement between Denton County, Texas and Careerbuilder, Inc., and any appropriate action. DA/Civil

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 02-0774

16.D) Approval of ratification of a) the Authorization Letter and b) the Licensing Agreement between the North Texas Central of Government and Denton County, Texas, for the 2003 Digital Aerial Photography Project, and any appropriate action. DA/Civil

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 02-0775

ITEM 13 OTHER DEPARTMENTS

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

ITEM 17 RECESS 10:30 AM
ITEM 18 RECONVENE 10:45

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 11:45 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 THROUGH D

ITEM 16 ADDENDA

16.E) EXECUTIVE SESSION: Consultation with Attorney: Texas Government Code, Section 551.071 (2); Aubrey Road and Bridge Facility Investigation. DA/Civil

Move to approve an investigation into paving material used by the Aubrey Road & Bridge
Facility by Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 02-0776

ITEM 19 ADJOURNMENT 11:46 AM

This set of minutes for December 17, 2002 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.