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 28, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 28th 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 Jim Carter, Bobbie J. Mitchell and Cynthia White were present, along with County Clerk Cynthia Mitchell's representative, deputy clerk Kathleen Bransford. (Comm. Jacobs was out of town.)

Court opened with an Invocation by Lockadee Newland, Chief Administrator for Commissioner Cynthia White, followed by the Pledges of Allegiance to the American and Texas Flags led by Kelly Zwinggi, Director of Public Works.

Ms. Newland: Dear Heavenly Father, thank You for this day. Help us to make decisions and actions that will honor You, Father, and give hope to those around us. Let our actions be a tribute to You. And we lift this Court up to You and ask that You guide and direct them today. Father, we pray for our men and women in service around the world and for President Bush and all of those around him who advise him. We thank You for the many blessings and pray this in the name of our Lord and Savior, Jesus Christ. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

(Item 11.A was pulled for further consideration and/or separate vote.)

AUDITOR/TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of award for Temporary Services, RFP #10-02-1527, to Snelling Personnel Services as the primary agency, and Express Personnel Services as the secondary agency, and any appropriate action.
(Briefing 01-21-03)

6.B) Approval of award for Annual Voice and Data Cabling, RFP #11-02-1530, to Richmond Communications Group, Inc., and any appropriate action. (Briefing 01-21-03)

BUDGET

7.A) Approval of Budget Amendment Request #100390 to increase revenues and allocate expenditures for Dues and Subscriptions for CHOS Museum in the amount of $30, and any appropriate action. (Briefing 01-21-03)

7.B) Approval of Budget Amendment Request #100400 for Attorney's Fees including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Civil Service
Commission in the amount of $5,000, and any appropriate action. (Briefing 01-21-03)

7.C) Approval of Budget Amendment Request #100410 for Computers for Justice of the Peace, Precinct #4 in the amount of $1,471, and any appropriate action. (Briefing 01-21-03)

7.D) Approval of Budget Amendment Request #100420 to increase revenues and allocate expenditures for Operating Supplies, Contract Labor and Medical Supplies and the creation of new line items for Grant
purposes for FY 2002-2003 for Immunization Grant Funds in the amount of $11,105, and any appropriate action. (Briefing 01-21-03)

7.E) Approval of Budget Amendment Request #100430 for Telephone Equipment for Telephone Department in the amount of $1,805, and any appropriate action. (Briefing 01-21-03)

7.F) Approval of Budget Amendment Request #100440 for Contract Labor for Department for Department of Information Services in the amount of $20,000, and any appropriate action. (Briefing 01-21-
03)

7.G) Approval of Budget Amendment Request #100460 for Computer Software for Bioterrorism Grant in the amount of $20,000, 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.) Emmett David Howell, Deputy Constable/Constable, Precinct # 4; Angela Phillips, Assistant Department Supervisor/County Clerk; Kim Hughes, Chief Court Clerk/JP # 1; Tony Bybee, Deputy Constable PT/Constable, Pct. # 4; Karen Long, Court Clerk/JP # 4; Timothy Smith, Juvenile Corrections Officer/Juvenile Post Adjudication; Estella Laskey, Juvenile Detention Officer/Juvenile Detention; Jason Simon, Intern/Criminal District Attorney; Alan John Worley, Heavy Equipment Operator/Centralized Road & Bridge; Eddie Sebastian, Driver-Equipment Operator/Centralized R & B; Carl Williams, Driver-Equipment Operator/Centralized R & B; Steven Chaney, Driver-Equipment Operator/Centralized R & B.

8.B) Approve a resolution to add Optional Workers' Compensation Coverage for Volunteer (Clerical, and for Jurors and Election Personnel), and any appropriate action. (Briefing 01-21-03)

8.C) Approve the Equal Employment Opportunity Plan for 2003, and any appropriate action. (Briefing 01-21-03)

SHERIFF

12.A) Accept a donation by the U.S. Marshal's Office of two enclosed trailers to the Denton County Sheriff's Office for use as Command Post as needed, and any appropriate action. (Briefing 01-21-03)

OTHER DEPARTMENTS

13.B) Approval of appointment of Nancy Ruzicka to the North Texas Workforce Board, and any appropriate action. County Judge (Briefing -1-21-03)

13.C) Approve the appointment of Robert E. Lee Capps, Jr. to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission (Briefing 01-21-03)

13.D) Approve the appointment of Keith Shelton to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission (Briefing 01-21-03)

LEGAL

14.B) Approval of the Service Agreement between Denton County and Greater Lewisville Youth and Family Services, and any appropriate action. (Briefing 01-21-03)

14.C) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Plano, and any appropriate action. (Briefing 01-21-03)

14.D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Denton, and any appropriate action. (Briefing 01-21-03)

14.E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Denton, and any appropriate action. (Briefing 01-21-03

14.F) Approval of Amendment No. 5 to the Contract between Denton County, Texas, and NTB Associates, Inc., for additional funding in the amount of $13,026.00, for a total contract amount of $181,
904.00, for the U.S. 377 and Bus. U.S. 377 Project, and any appropriate action. (Briefing 01-21-03)

14.G) Approval of Permanent Right-of-Way Easement Agreement between Denton County, Texas, and Patrick and Tracy Burns, and any appropriate action. (Briefing 01-21-03)

14.H) Approval of Contract for Engineering Services between Denton County, Texas, and Halff Associates, Inc. for the FM 2499, Section 3 project, RFQ #08-02-1408, in the amount of $1,122,139.00, and any appropriate action. (Briefing 01-21-03)

14.I) Approval of the Contract between Denton County, Texas, and Teague Nall and Perkins, Inc. for engineering services for the Loop 288 East project, from IH 35 to US 380 project, RFQ #05-02-1493, in the amount of $1,610,000.00, funding coming form the following sources: $500,000 - Loop 288 East (Auditor #7361), $200,000 - Precinct #1 Special Projects, $200,000 - Precinct #4 Special Projects, and any appropriate action. (Briefing 01-21-03)

Move to approve Consent Agenda with the exception of Item 11.A by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0031

ITEM 11 COUNTY CLERK

11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for January 14, 2003, and any appropriate action.
ACTION POSTPONED UNTIL THE END OF THIS SESSION

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 FROM -
GENERAL, $130.00 to Bank of America, per department;
HEALTH CARE, $8,029.50 to Aids Services of North Texas, incorrect amount- repost.

ADDITIONS TO -
GENERAL -
Law Enforcement, $ 887.17 to City of Denton Utility for Trash Bag liners;
Emerg. Mgmt., $ 10.00 to Keep Lewisville Beautiful, registration fee for James Terry;
Tourism Grant, $1,521.01 to Dealers Electrical Supply for Feed Track & Connector.
R & B, $9.84 to TXU Energy for Services, D4 (Guard Light)
TNCP, $17,000.00 to Jana Jones, Wise County DA for Michael Rosas Seizure Returned.

Move to approve amended Bill Report by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0032

ITEM 12 SHERIFF

12.B) Approve authorization of Sheriff Weldon Lucas to submit an application to the Texas Alcoholic Beverage Commission (TABC) for continued funding for the Underage Drinking C.O.M.B.A.T. Team
Grant Team 2003-2004 and approval of resolution, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0033

ITEM 13 OTHER DEPARTMENTS

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

13.E) Approve the acceptance of County Jail Inspection Report as submitted by the Texas Commission on Jail Standards. Commissioner, Precinct #4

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0034

13.F) Approve names from the 2002 Grand Jury, to serve on the Denton County Salary Grievance Committee for year 2003-Aide to the Court, and any appropriate action. Aide-to-the-Court

Move to approve four names by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0035

13.G) Approve the appointment of Theresa Grant, RN to the Health Advisory Board to fill a vacant position, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0036

13.H) Approve the appointment of Ann Buscarino to the Health Advisory Board to fill a vacant position, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0037

ITEM 14 LEGAL

14.J) Approval of setting February 18, 2003, at 9:05 a.m. as the date and time to conduct a Public Hearing to consider and approve the Denton County, Texas, Storm Water Pollution Control Ordinance, and
any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0038

ITEM 16 ADDENDA

16.A) Approval of Lease Agreement with the City of Denton regarding parking spaces at Williams Trade
Square, and any appropriate action-County Judge.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0039

16.B) Approval of the Mylar title sheet between Denton County, Texas, and the Texas Department of Transportation for the project to install railroad warning devices at the crossing of Hickory Creek Rd. and
Kansas City Southern Railroad and any appropriate action-Legal.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0040

16.C) Approval of consideration of the Location Agreement and Release of Liability for Filming between Denton County, Texas, and Towers Production, Inc. for American Justice for the use of Justice of
the Peace, Precinct 1's Courtroom on Friday, February 7, 2003 and any appropriate action-Legal.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0041

ITEM 17 RECESS 9:27 AM
ITEM 18 RECONVENE 9:40 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 9:44 am
Court Reconvened in Formal Session 10.00 am

15.A) Real Property: Texas Government Code, Section 551.072: Real Property.

Move to approve authority for the County Judge to Execute the Contract for Sale between Video Direct Plus, Inc. and Denton County and to Execute any and all Closing Documents and Direction to the County Auditor to Issue the Necessary Warrant to Fund the Purchase of
the Subject Real Estate for Right-of-Way for the Lewisville Bridge Project by Judge Horn,
seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0042

Court Reconvened in Executive Session 10:01 am
Court Reconvened in Formal Session 10:20 am

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.B, 15.C AND 15.D

ITEM 11 COUNTY CLERK

11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for January 14, 2003, and any appropriate action.

Move to approve with corrections to Pages 17 & 24 of the transcribed minutes by Comm.
Mitchell, seconded by Comm. White.
Motion Carried 3-0-1 (Horn abstained)
Court Order 03-0043

ITEM 19 ADJOURNMENT 10:22 AM

This set of minutes for January 28, 2003 was prepared by deputy clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.