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.

January 21, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 21st day of January, 2003, 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 Pastor Roland Boyce from the Redeemer Church in Carrollton, followed by the Pledges of Allegiance to the American and Texas Flags led by Amy Phillips, Director of Human Resources.

Pastor Boyce: God, Our Father, I thank You for a County that honors the tradition of Invocations and salutes. I'm reminded this morning of what the psalmist wrote when he said, I will walk at liberty because I seek Your laws. Remind us today, Lord, that it is Your authority that is the basis of all law. Perhaps our breaking the law as many times is illustrative of our breaking relationship with the Lord Himself. So today, renew within us a commitment to know You and to follow Your law personally and together. I pray for those who are in authority over me, as I am instructed to do. But though unperfect people, You would help them to know You and follow Your love, to provide incentive for trust and support from those they lead. Father, You want more than just the practice of religion. You want a personal relationship established with each of us. And as the electorate common people like myself, in a time where anarchy seems prevalent and rebellion is rampant, we store within us a respect for You and Your love as the basis of keeping the law of everyday life, laws that are not meant to restrict us but allow us to live fully and completely as Your life principles guide us. My prayer today is that You will remind us that to obey Your law is freedom, to disobey is bondage, and that in this hour, we may renew our commitment to You and Your law so that this great land will remain great and free. For we pray it in the name of Your Son, Amen.

ITEM 1 PUBLIC INPUT

Oneta Henry from Denton County in an area adjoining the Texas Motor Speedway complained about the Team Texas - NASCAR - Cars using Highway 156 unlicensed, uninsured and driving recklessly.

ITEM 2 CONSENT AGENDA

(Item 13.B was pulled for further consideration and/or separate vote.)

PURCHASING

6.A) Approval of award of bid for Corrugated Metal Pipe, Bid #10-02-1524, to Texas Steel Culverts, and any appropriated action. (Briefing 01-14-03)

6.B) Approval of specifications and authority to advertise for Surface Treatment Aggregate (Type D, Grade 3 and 5), Bid #01-03-1533, and any appropriate action. (Briefing 01-14-03)

BUDGET

7.A) Approval of Budget Amendment Request #100360 for Pager Expense for Constable, Precinct #2 in the amount of $160, and any appropriate action. (Briefing 01-14-03)

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.) David Harris, Deputy Constable/Constable Pct. 4; Julie Ann Drenner, Deputy Clerk/District Clerk; Lindsay Fullington, Administrative Specialist 1 (PT)/Criminal District Attorney.

8.B) Approve a revision to Personnel Policy #5.1, Employee Discipline, and any appropriate action. (Briefing 01-14-03)

8.C) Approve an HIV Case Manager position to be funded by the HIV Education Grant in the Health Department and approve the corresponding job description and ranking, and any appropriate action. (Briefing 01-14-03)

HEALTH

9.A) Approval of agreement with the Denton Housing Authority to provide office space for dental clinic services, and any appropriate action. (Briefing 01-14-03)

9.B) Approval/acceptance of donated medical equipment, and any appropriate action. (Briefing 01-14-03)

9.C) Approval of proposal to renew funding for a Texas Department of Health HIV Education Grant in Denton County, and any appropriate action. (Briefing 01-14-03)

COUNTY CLERK

11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for January 07, 2003, and any appropriate action.

14.B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Cooke County, and any appropriate action. (Briefing 01-14-03)

14.C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Cooke County, and any appropriate action. (Briefing 01-14-03)

14.D) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Somervell County, and any appropriate action. (Briefing 01-14-03)

14.E) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Somervell County, and any appropriate action. (Briefing 01-14-03)

14.F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Carrollton, and any appropriate action. (Briefing 01-14-03)

14.G) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Carrollton, and any appropriate action. (Briefing 01-14-03)

14.H) Approval of the Service Agreement between Denton County and Ann's Hospice/The Visiting Nurse Association of Denton County, and any appropriate action. (Briefing 01-14-03)

14.I) Approval of Contract between Denton County, Texas, and Huitt-Zollars, Inc. for engineering services to prepare plans, specification and estimates (PS&E) to widen FM 2181 from a two lane roadway
to a six lane highway from Hickory Creek to IH35, and any appropriate action. (Briefing 01-14-03)

Move to approve Consent Agenda with the exception of Item 13.B by Comm. Carter,
seconded by Comm. White.
Motion Carried 4-0-1 (Jacobs abstained)
Court Order 03-0024

ITEM 13 OTHER DEPARTMENTS

13.B) Approve an order to appoint Election Judges for the Little Elm Local Option Election for Little Elm, Texas on February 1, 2003 and to appoint Gary Truitt as the Early Voting Count Judge, Edith Hansen as the Election Day Judge and Bill Cook as the Alternate Judge, and any appropriate action. (Briefing 01-14-03)

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0025

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.)

ADDITIONS TO GENERAL -
$ 274.35 to State Comptroller for 2002 Sales Tax - Museum;
Extension, $ 165.00 to University of North Texas, registration fee for K. Vanderbeek.

Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0026
Discussion of this item is included in the Commissioners Court Transcript attached to this set of minutes. (Page 13)

ITEM 7 BUDGET

7.B) Approval of Budget Amendment Request #100300 for Lawsuit Settlements including the transfer of funds from Non-Departmental Unappropriated Contingency-Lawsuit Settlements for Non-
Departmental in the amount of $9,426, and any appropriate action. (Formal 01-14-03)

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 3-2-0 (White & Mitchell, nay)
Court Order 03-0027

ITEM 13 OTHER DEPARTMENTS

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

ITEM 14 LEGAL

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

14.J) Approval of General Conditions of the Contract for Construction between Joe R. Jones Construction, Inc. and Denton County, Texas for the Denton County Courthouse Restoration project, and
any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0028

ITEM 17 RECESS 9:30 AM
ITEM 18 RECONVENE 10:34 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 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 15.D

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Mike Alvin Lewis v. Phillip O. Vick, et al., Cause No. 4:02-CV-0401, pending in the United States District Court for the Eastern District of Texas, Sherman Division.

Move to assign to the Criminal District Attorney's Office, Civil Division by Comm. Jacobs,
seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0029

15.F) Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1)(A): Managed Air Resources, Inc.

Move to approve (1) a Declaration of Default by Managed Air Resources, Inc. and termination of contract between Managed Air Resources, Inc. & Denton County, Texas effective January 21, 2003, and (2) Award Travel Management, RFP # 06-02-1496 to the next
lowest offer, Bismark Travel by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0030

ITEM 19 ADJOURNMENT 11:05 AM

This set of minutes for January 21, 2003 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.