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.

February 4, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 4th day of February, 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 Bob Garsee, Assistant Chaplain, Sheriff's Office, followed by the Pledges of Allegiance to the American and Texas Flags led by Don Alexander, Director of Elections.

Chaplain Garsee: Our Eternal God, we come before You this morning and You tell us to be still and know that I am God. And I think it helps us to just be still and be quiet and search our hearts and our thoughts and lift up these who have given their lives for progress, knowing this morning that there are mothers and daddies who are sobbing deeply for the loss of their children; knowing, Heavenly Father, that there are children who are wondering about their daddy and knowing, Heavenly Father, that there are wives and there are sweethearts and there are those who just say why. And, God, we don't have any answers in situations like this but, God, we know that You are eternal. We know that You are El Shaddi. You're all sufficient. And we know, Heavenly Father, we can come to You. You tell us in the book of Ecclesiastes in the Third Chapter that there's a time to live and there's a time to die. There's a time for all seasons. We don't understand any of this. And, Heavenly Father, You tell us that we read it and we accept it by faith. But we come to You today just asking that Your Holy Spirit give us guidance. Be with each one that is hurt. And I know the sadness will not be removed for a long, long, long time, if ever. But, Heavenly Father, we just pause and bring before You and we honor these, our heroes. And I thank You for these Commissioners and for this Judge that lead us today in making decisions, that You would guide them, direct them. That every decision that would be made would be honoring to You. Thank You, Heavenly Father. In the strong name of Jesus, we pray. Amen.

ITEM 1 PUBLIC INPUT

John Hallen of Hallen Septic Systems asked the court to consider using the monies from the additional charge on a permit for a septic system to be used to increase the staff in the Department of Health, Environmental Division. Comm. Jacobs asked this item to be placed on a later agenda for court's discussion.

Comm. Jacobs also requested the court to send letters to counties in East Texas praising their handling of the Columbia Space Shuttle disaster.

ITEM 2 CONSENT AGENDA

(Item 14.B pulled for further consideration and/or separate vote.)

BUDGET

7.A) Approval of Budget Amendment Request #100470 to increase revenues and allocate expenditures for Part-Time Employees/benefits and various other line items and the creation of new line items for Contract purposes for FY 2002-2003 for Bartonville Interlocal Contract in the amount of $31,000, and any appropriate action. (Briefing 01-28-03)

7.B) Approval of Budget Amendment Request #100480 for Contract Labor for Constable, Precinct #5 in the amount of $1,589, and any appropriate action. (Briefing 01-28-03)

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.) Michael Dickens, Misdemeanor Prosecutor I/Criminal District Attorney; John R. Moose, Juvenile Prosecutor II/Criminal District Attorney; Sheila Bowles, Misdemeanor Prosecutor I/C.D.A.; Debra Bender, Felony Prosecutor I/C.D.A.; Kristin Kidd, Felony Prosecutor II A/C.D.A.; Christine Ventura, Juvenile Prosecutor/C.D.A.; Carol Kovacs, Misdemeanor Prosecutor I/C.D.A.; Vicki Foster, Family Law Attorney I/C.D.A.; Chelsea McKinney, HIV Case Manager/HIV Education Grant; Alva Santos, Asst. WIC Clinical Professional/WIC - Administration; Daisy Harsa, P-T GIS Intern/County Planning; Larry Sutherland, Juvenile Corrections Officer/JJAEP; Melody Graham, Administrative Specialist II/Human Resources; Jennifer Harvey, Deputy Clerk-Courts/County Clerk; Breana Smithers, Deputy Clerk-Courts/County Clerk; Casey Hollis, Detention Officer I/County Jail; Ezequiel Tijerina, Detention Officer I/County Jail; David Linnell, Deputy Sheriff/Sheriff's Dept.; Tonya Cundiff, Admin. Sergeant-Communications/Communications; Markel Norman, Deputy Constable (P-T)/Constable, Precinct 4.
8.B) Approve changes to the job description for the Deputy Clerk Courts in the County Clerk's Office, and any appropriate action. (Briefing 01-28-03)

COUNTY CLERK

11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for January 21, 2003, and any appropriate action.

OTHER DEPARTMENTS

13.C) Approve the reappointment of members to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission (Briefing 01-28-02)

13.D) Approval of appointment of Vicky M. MacLean, Ph.D., to the Health Advisory Board and any appropriate action. County Judge (Briefing 01-28-02)

13.E) Approve reappointment of Stephanie Gage to the Denton County Health Advisory Board as representative of Precinct #3, and any appropriate action. Commissioner, Precinct #3 (Briefing 01-28-03)

LEGAL

14.C) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Lewisville, and any appropriate action. (Briefing 01-28-03)

14.D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Krum, and any appropriate action. (Briefing 01-28-03)

Move to approve Consent Agenda with the exception of Item 14.B by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Jacobs abstains)
Court Order 03-0044

ITEM 14 LEGAL

14.B) Approval of the Service Agreement between Denton County, Texas and the Juvenile Diversionary Services of Denton, Inc., and any appropriate action. (Briefing 01-28-03)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0045

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 -
$ 2,855.00 to Neil Durrance, incorrect vendor;
$ 255.00 to Stephen Reese, incorrect amount;
$ 133.33 to Bebe Elsie Olufsen, incorrect amoun;
$ 37.50 twice to Daniel Kossman, incorrect amount;
$ 75.00 to Denton County Day, per department;
$10,000.00 to City of Ponder, per contract;
$ 85.00 to B & B Electronics, incorrect vendor;
PUBLIC HEALTH -
$ 600.00 to Denton Housing Authority, per department;

ADDITIONS -
'92 ROAD BONDS -
$ 6,530.34 to R-Con for Drainage Improvements - King's Row.

Move to approve amended Bill Report by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0046

ITEM 8 HUMAN RESOURCES

8.C) Approve revisions to Personnel Policy #8.1 Reimbursement of Travel/Conference Expenses to decrease the mileage reimbursement rate to 36 cents per mile.

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0047

ITEM 10 PUBLIC WORKS

10.A) Approve the Final Plat of Paloma Creek, Phase 1, Precinct #1, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0048

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of any action related to the78th Legislative Session.

13.A-1) Move to approve support for Senate Bill 173 regarding Active Military Authorized to Pay Taxes Late by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-1 (Mitchell abstains)
Court Order 03-0049

13.A-2) Move to approve by Comm. Jacobs, seconded by Comm. White the following legislation:
For Senate Bill 174 - Confidentiality of Marriage License;
For the Bill for State Highway Funding;
For Senate Bill 190 - Increase Courthouse Security Fee from $5 to $10;
For House Bill 437 - Homeland Security Plans Exempted from Public Disclosure;
For House Bill 627 - Health Department Quarantine Notice;
For Denton County Equality in State Funding of MHMR;
For House Bill 608 - Salary Grievance Committee (allowing alternate names be drawn);
For Senate Bill 7 Reform;
For Amending Chapter 53 of the Texas Education Code;
Oppose Expansion of Freeport Exemption;
For the Clarification of Using City Taxes for Economic Development;
Oppose Population Cap for 4A Sales Tax for Counties 400,000 to 500,000.
Motion Carried 5-0-0
Court Order 03-0050

13.B) Approve names to be drawn from the 2002 Grand Jury, to serve on the Denton County Salary Grievance Committee for year 2003. Aide-to-the-Court

Move to approve Melinda Murphy, Corinth, Tx., & Joe Mulroy, Denton, Tx. by Comm.
Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0051

13.F) Approve the results for the Little Elm Local Option Election of February 1, 2003, and any appropriate action. Elections Department

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0052

13.G) Approve the re-appointment of Terry Sullivan to the Denton County Building & Property Committee to the term ending 12/31/04, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0053

13.H) Approve the re-appointment of Bradley T. Moore to the Building/Property Sub-Committee for Precinct. #3, and any appropriate action. Commissioner, Precinct #3

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0054

13.I) Approval of appointment of Elaine Emery to the Health Advisory Board and any appropriate action. County Judge.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0055

13.J) Approval of the re-appointment of Robert W. Swanbeck to the Building and Property Committee,
and any appropriate action. County Judge.

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0056

ITEM 16 ADDENDA

16.A) Approval of the appointment of Tom C. Brewer to the Building and Property Committee and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0057

ITEM 17 RECESS 10:15
ITEM 18 RECONVENE 11:11

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 11:13 AM
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 THRU 15.D

15.E) Consultation with Attorney, Personnel Matters 551.074, Government Code; Discussion regarding Rubiella Morrison.
NO ACTION - RE-POST FOR NEXT WEEK

15.F) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Denton County, Texas, v. Sprint.

Move to assign this matter to the Criminal District Attorney's Office, Civil Division, and
authorization to file suit by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0058

15.G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, V. PHILLIPS SWAGER & ASSOCIATES, INC. HUBER, HUNT
& NICHOLS, INC. n/k/a HUNT CONSTRUCTION GROUP, INC., AND R.C. SMALL & ASSOCIATES, INC.; Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas.

15.H) Consultation with Attorney: Texas Government Code, Section 551.071 (2); General Motors and Triangle Chevrolet, Inc.
NO ACTION ON ITEMS 15.G & 15.H

ITEM 19 ADJOURNMENT 11:46 AM

This set of minutes for February 4, 2003, was prepared by deputy clerk Kathleen Bransford and reviewed
by County Clerk Cynthia Mitchell.