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.

April 1, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 1st day of April, 2003, at 9:00 AM in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by 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.

Court opened with an Invocation by Fred Wheeler, Minister to Senior Adults for the First Baptist Church, Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Mayor Olive Stephens, Mayor of Shady Shores.

Pastor Wheeler: Indeed, God, our first thoughts today comes with the realization of how great of a country in which we live. And, naturally, our thoughts that follow will be to give thanks to those who have their lives at risk, those men and women who serve faithfully their country, not only ours, but the others that are involved in the conflict that so frightens many of us here at home. We pray that you might give wisdom to those in place of the leadership, and likewise, we pray that wisdom be imparted to those who serve and care deeply in this area in which we live. We ask that they, too, might feel Your presence and understanding of the situations that they deal with, that they might make decisions that will bring honor to You as well as glory to the purpose of our existence here in this area. Now, we thank You, God, again, for the blessings that we know, for all that You do for us day by day. And we ask this in the wonderful precious name of Jesus. Amen.

ITEM 1 PUBLIC INPUT

ITEM 2 CONSENT AGENDA

(Item 10.A was pulled for further discussion and/or separate vote.)

PURCHASING

6.A) Approval of donation of goods and services through the Texas Master Naturalist Group for the Old Alton Bridge Project, and any appropriate action. (Briefing 03-25-03)

6.B) Approval of renewal for Pick Up and Delivery of Election Supplies, Bid #03-01-1417, to Duryea Moving and Storage, Inc., and any appropriate action. (Briefing 03-25-03)

BUDGET

7.A) Approval of donation of goods and services through the Texas Master Naturalist Group for the Old Alton Bridge Project, and any appropriate action. (Briefing 03-25-03)

7.B) Approval of renewal for Pick Up and Delivery of Election Supplies, Bid #03-01-1417, to Duryea Moving and Storage, Inc., and any appropriate action. (Briefing 03-25-03)

7.C) Approval of Budget Amendment Request #100860 for Building Insurance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $3,738, and any appropriate action. (Briefing 03-25-03)

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.) Sany Sun, Deputy Clerk - Motor Vehicles/Tax Assessor/Collector; Kenneth Calvert, Shift Leader/Juvenile Detention; Rodney Dunn, Juvenile Corrections Officer/Juvenile Post Adjudication; Matt Shovlin, Felony Prosecutor 1 - Family Violence/Prosecution Enhancement Grant; Anthony Sims, Jr., Criminal Justice Systems Tech/County Jail; Thomas Knapp, Detention Officer 1/County Jail.

COUNTY CLERK

11.A) Approval of the County Clerk's minutes from Commissioners Court Formal Agenda for March 18, 2003, and any appropriate action.

LEGAL

14.B) Approval of a) the Resolution authorizing participation in the On-System BUS377 Turn Lanes Project at Pilot Point High School and b) the Local Project Advanced Funding Agreement (LPAFA)
between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the On-System BUS377 Turn Lanes Project at Pilot Point High School, CSJ 0081-14-
005, and any appropriate action. (Briefing 03-25-03)

14.C) Approval of a) the Resolution authorizing participation in the US377 On-System Congestion, Mitigation and Air Quality (CMAQ) Project in Krugerville, Texas and b) the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the US377 On-System CMAQ Project in Krugerville, Texas, CSJ 0081-06-028, and any appropriate action. (Briefing 03-25-03)

14.D) Approval of a) the Resolution authorizing participation in the On-System FM428 Turn Lanes Project from US377 to Aubrey High School and b) the Interlocal Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the On-System FM428 Turn Lanes Project from US377 to Aubrey High School, CSJ 0817-01-020 and any appropriate action. (Briefing 03-25-03)

14.E) Approval of the amended Implementation and funding of the Interlocal Cooperation Agreement for the AirCheck Texas Repair and Replacement Assistance Program, and any appropriate action. (Briefing
03-25-03)

Move to approve Consent Agenda with the exception of Item 10.A by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0154

ITEM 10 PUBLIC WORKS

10.A) Approval of the transfer of BSRP discretionary funds from Commissioner Bobbie Mitchell, Precinct #3 and Commissioner Jim Carter, Precinct #4 in the amount of $125,000 each for the Chinn
Chapel Addition drainage project, and any appropriate action. (Briefing 03-25-03)

Move to approve an amount of $50,000 each from Commissioner Mitchell & Commissioner
Carter by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0155

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of resolution designating the week of April - April 12, 2003 as Denton county Crime Victims' Rights Week, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0156

3.B) Approve adoption of a resolution designating April 7 - 13, 2003 as Public Health Week in Denton County. Health Department

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0157

ITEM 5 AUDITOR/TREASURER

5.A) Approval of Bill Report and Acceptance of the Monthly Financial 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 -
$ 600.00 to Government Records, incorrect vendor;
$ 380.00 to Scott Holman, Attorney, incorrect amounts;
$5,426.55 to International Investigators, duplicate payments.

ADDITIONS TO GENERAL -
$ 55.00 to Dallas County Constable for JV Summons - D.A.'s Office.

Move to approve amended Bill Report with the exception of Vendor # 398, Hunt Construction Group in the amount of $5,275.00 for Construction Manager Services to the 4th Floor Build-
out of the Denton County Courts Building, by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0158

ITEM 6 PURCHASING

6.C) Approval of specifications and authority to advertise for Vending Services, Bid #03-03-1545, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0159

ITEM 7 BUDGET

7.D) Approval of Budget Amendment Request #100870 to increase revenues and allocate expenditures for Transportation Authority including the transfer of funds from Non-Departmental Unappropriated
Contingency-Regular Contingency for Appropriations in the amount of $86,250 and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0160

ITEM 10 PUBLIC WORKS

10.B) FOR RECORDING PURPOSES ONLY: Approval of the Road Superintendent Report for the month of January 2003.

Move to accept by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0161

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of any action related to the 78th Legislative Session. Commissioners Court

Move to approve the Legislative Policy Statement for the 78th Legislative Session relating to Indigent Defense and voicing support for House Bills 2656, 2657 & 26568 by Judge Horn,
seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0162

13.B) Approval of the re-appointment of Mr. Jesse Coffey to the Upper Trinity Regional Water District, and any appropriate action. County Judge

Move to approve by Comm. White, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0163

13.C) Approval of appointment of Mr. Raymond D. Roberts to the Denton County Transportation Committee, and any appropriate action. County Judge

Move to approve by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0164

13.D) Approval of participation by Denton County in the Integrated Criminal Justice Project through the Texas Conference of Urban Counties , and any appropriate action. County Judge (Formal 3-18, 25-2003)
ACTION POSTPONED

ITEM 14 LEGAL

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

14.F) Approval of (1) Administrative Services Agreement for COBRA/HIPAA/Retiree Billing and (2) Amendment #1to the Administrative Services Agreement for COBRA/HIPAA/Retiree Billing between Flexben Corporation and Denton County, Texas, and any appropriate action. (Briefing 03-25-03)

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0165

14.G) Approval of (1) Agreement for Services for Flexible Spending Accounts/Section 125 Administration and (2) Amendment #1 to the Agreement for Services for Flexible Spending Accounts/Section 125 Administration between Flexben Corporation and Denton County, Texas, and any appropriate action. (Briefing 03-25-03)

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0166

14.H) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Hickory Creek for implementation of Texas Local Government Code, Section 242.001, relative to the Town's ETJ, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0167

ITEM 16 ADDENDA

16.A) Approval of the License Agreement between Denton County, Texas, and U.S. Trust Company of Texas, N.A., corporate Co-Trustee of the Fisher and Gores Trusts (the "Trusts"), Clear Creek Ridge, LLC,
a Texas limited liability company ("Clear Creek"), Gregory-Pollard Cemetery Association, a Texas non-profit association (the "Association") for access to a cemetery in Denton County, Texas, surrounded by the
Property, known as Gregory-Pollard Cemetery, a/k/a Pollard-Gregory Cemetery, Pollard Road Cemetery, Davis Cemetery and Gregory Cemetery (the "Cemetery").

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0168

ITEM 17 RECESS 10:40 AM
ITEM 18 RECONVENE 10:45 AM

ITEM 15 EXECUTIVE SESSION

The Commissioners Court reserves the right to exercise 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

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

ITEM 16 ADDENDA

16.B) EXECUTIVE SESSION: Consultation with Attorney: Contemplated Litigation, Texas Government Code, Section 551.071 (1) (A): Denton County Bail Bond Board v. Farmers & Merchants
Bank, Krum, Texas.
NO ACTION

ITEM 19 ADJOURNMENT 10:54 AM

This set of minutes for April 1, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.