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.

May 6, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 5th day of May, 2003, at 9:12 AM in Commissioners Courtroom, 2nd Floor, Courthouse on the Square, Denton, Texas by 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 Jeff Dooley, Associate Minister to Students, First Baptist Church of Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Mildred Hawk, Denton, Texas.

Mr. Dooley: Most Gracious and Heavenly Father, we thank You for the opportunity to have another day. Father, I pray for each County official represented here. I thank You for them and their dedication to our County, and our City and our world. Father, I pray that You would give them the wisdom that passes all understanding. Father, we recognize that every good and perfect gift comes from You. Thank You for the opportunity to live in a country that allows us to exercise the judicial process. So, Father, we give You this day and everything that we have comes from You. In Your precious name that we pray, Amen.

ITEM 1 PUBLIC INPUT

Comm. Carter announced that parked cars had been marked by the City of Denton.

ITEM 2 CONSENT AGENDA

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

TREASURER

5.A) Approval of Payroll.

PURCHASING

6.A) Approval of renewal for Road Signs, Bid #03-01-1418, to Vulcan Signs, and any appropriate action. (Briefing 04-29-03)

BUDGET

7.A) Approval of Budget Amendment Request #100990 for Evidence Expense for Criminal District Attorney in the amount of $7,500, 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.) William East, Counselor, Juvenile Post Adjudication; Lillie Morales, Administrative Specialist II/Wic - Administration; Jennifer Eldridge, Intern/DA-DWI Prosecution Grant; Marshall Holland, Detention Officer I/County Jail; Mark Miles, Detention Officer I/County Jail; Leslie Helm, Detention Officer I/County Jail; Michelle Denison, Detention Officer I/County Jail; Nathan Brewer, Detention Officer I/County Jail; Ronnie Willard, Detention Officer I/County Jail; Emily Sirkel, Detention Officer I/County Jail.

OTHER DEPARTMENTS

13.B) Approve the acceptance of the certificate of completion certifying that the continuing education provisions of the Texas Local Government Code Article 81.0025 have been satisfied by Commissioner Sandy Jacobs for the calendar year 2002. Commissioner, Precinct #2 (Briefing 04-29-03)

LEGAL

14.B) Approval of 1(a) the Texas VINE Services Agreement recommended by the Office of the Attorney General as a part of its Texas VINE Project, 1(b) the designation of the Customer Project Manager and (2) the Grant Contract with the Office of the Attorney General, and any appropriate action. (Briefing 04-29-03)

14.C) Approval of abandoning and vacating a portion of Old Alton Road to Roger A. Stephens and Cherry Stephens and approval of acceptance of a donation deed from Roger A. Stephens and Cherry Stephens, and any appropriate action. (Briefing 04-29-03)

D) Approval of the Letter Agreement between Denton County and MarineMax, L.P., c/o Julie R. Caggiano, Esq., regarding the fence encroachment at the Jones Street Property owned by Denton County,
and any appropriate action. (Briefing 04-29-03)

14.E) Approval of Amendment No. 1 to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc. to provide additional services on the Hilltop Road Bridge over Fincher
Branch Creek (tributary to Hickory Creek) Project and additional funding in the amount of $6,873.00, and any appropriate action. (Briefing 05-29-03)

14.F) Approval of Supplemental Agreement No. 2 to the Contract for Engineering Services between Denton County, Texas and Paragon Project Resources, Inc. to provide additional services for the I35 E/FM 1171 Intersection Ramp Relocation Project, additional funding in the amount of $147,704.00, for a total contract amount of $325,366.00, and an extension of 12 months to the contract term, and any appropriate action. (Briefing 04-29-03)

14.G) Approval of Addendum No. 2, to the Agreement between Denton County and Engineer, URS Corporation, Inc., formerly URS Greiner Woodward Clyde, Inc., for the FM 2499 Section 2 Project, and any appropriate action. (Briefing 04-29-03)

14.H) Approval of the Group Contract for Prepaid Services Acceptance Agreement between Denton County and SafeGuard Health Plans, Inc. for the continuation of dental benefits plan, and any appropriate action. (Briefing 04-29-03)

14.I) Approval of Lease Agreement between Denton County, Texas and Northward Partners, LP for Office space for Justice of the Peace, Precinct 4, and any appropriate action. (Briefing 04-29-03)

14.K) Approval of: a) the Project to construct a rail bypass bridge northwest of Colorado Street on Loop 288 ("Project") in the City of Denton, and b) the Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton regarding the Project, and any appropriate action. (Briefing 04-29-03)

14.L) Approval of Amendment No. 1 to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc. to provide additional services on the Trietsch Road Bridge over Moores Branch Creek Project and additional funding in the amount of $5,628.00, and any appropriate action. (Briefing 04-29-03)

14.M) Approval of Amendment No. 1 to the Contract for Engineering Services between Denton County, Texas, and Huitt-Zollars, Inc. to provide additional services on the Eakin Cemetery Road Bridge over tributary to Denton Creek Project and additional funding in the amount of $6,873.00, and any appropriate action. (Briefing 04-29-03)
14.N) Approval of Agency Agreement between l.e.a.d.s.online and Denton County for the Denton
County Sheriff's Office, and any appropriate action. (Briefing 04-29-03)

Move to approve Consent Agenda with the exception of Item 11.A by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0238

ITEM 11 COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting April 22, 2003 - Formal Session, and any appropriate action.

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Carter abstained)
Court Order 03-0239

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of Proclamation declaring May 4-10, 2003 to be Local Arson Awareness Week in Denton County, Texas, and any appropriate action. Fire Marshal

Move to approve by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0240

ITEM 5 AUDITOR

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.)

DELETION from Juvenile, 3 payments totaling $225.00 to Denton County Health Dept. - per department.

Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0241

ITEM 13 OTHER DEPARTMENTS

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

13.A-1) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing C.S.H.B. 2319 relating to juvenile delinquency and the local Juvenile Board's loss of bargaining power by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0242

13.A-2) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing House Bill 2953 relating to the creation and powers of a North Texas Regional MobilityAuthority by Comm. Jacobs, seconded by Comm. Mitchell
Motion Carried 5-0-0
Court Order 03-0243

13.A-3) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing House Bill 801 and Senate Bill 1189 relating to grants awarded by the Criminal Justice Division of the Governor's Office by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0244

13.A-4) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting House Bill 1037 relating to a courthouse security fee collected on civil case filings by Judge
Horn, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0245

13.A-5) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting Senate Bill 1763 relating to vehicle weight limit postings on county roads by Comm. Carter,
seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0246

13.A-6) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting House Bill 426 relating to adoption of state agency rules that impose certain costs on local
governments or persons by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0247

13.A-7) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting Senate Bill 1631 relating to the authority of a county to regulate land development after a local election by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 4-1-0 (White nay)
Court Order 03-0248

13.A-8) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing House Bill 10 and House Bill 3306/Senate Bill 1872 relating to statutory authority to reduce appropriations made by the legislature to certain individuals and governmental entities, allowing the state to take funds dedicated to indigent criminal defense and judicial salaries, by Comm. Mitchell, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0249

13.A-9) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting House Bill 2004 allowing counties with a population of 400,000 or more to conduct closed meetings to deliberate business and financial issues related to a contract if determined that an open meeting would have a detrimental affect on a third party in the negotiations by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0250

13.A-10) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing Senate Bill 1410 relating to the Department of Protective and Regulatory Services to serve as a temporary or permanent guardian or ward, leaving the county probate judges with no recourse but to appoint a guardian at county expense by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0251

13.A-11) Move to approve of Legislative Policy Statement for the 78th Legislative session supporting House Bill 3313 relating to the optional county fee for the county road and bridge fund, allowing the county to increase the fee to a maximum of $20, by Comm. Carter, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0252

13.A-12) Move to approve of Legislative Policy Statement for the 78th Legislative session opposing House Bill 502 relating to the raising of minimum compensation fee for election judges or clerks and requiring they be paid within 72 hours by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0253

13.C) Approve the re-examination of the Medical Examiner Contract as recommended by the Medical Examiner Committee, and any appropriate action. Commissioner, Precinct #1
NO ACTION - POSTPONED FOR NEXT MEETING

ITEM 14 LEGAL

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

14.J) Approval of the Chapter 381 Tax Incentive Agreement between Denton County, Texas, and CB Parkway Business Center XIV, Ltd., a Texas limited partnership, and any appropriated action. (Briefing 04-
29-03)

Move to approve, with a clarification on page 3 of the agreement referencing date of delinquency and rate of penalty and interest in the tax code as recommended by Judge Horn,
by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 4-0-1 (Horn abstained)
Court Order 03-0254

ITEM 16 ADDENDA
16.A) Approve the results for the Town of Northlake Local Option Election of May 3, 2003, and any appropriate action. Elections

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0255

ITEM 17 RECESS 10:27 AM
ITEM 18 RECONVENE 11:25 AM

ITEM 19 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 11:55 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: Contemplated Litigation Texas Government Code, Section 551.071 (1)(A): Contract between Denton County, Texas and Direct Action Uniforms.

Move to authorize the Denton County Criminal District Attorney's Office to issue a letter to Direct Action Uniforms terminating their contract, effective immediately with Denton
County, Texas for failure to perform by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0256

15.F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, in the Probate Court of Denton County, Texas.

Move to designate Commissioner Cynthia White to attend mediation on May 15, 2003, from 9 am to 1 pm regarding the above referenced pending litigation, with Commissioner Jim Carter as the alternate representative of the County, by Comm. Jacobs, seconded by Judge
Horn.
Motion Carried 5-0-0
Court Order 03-0257

ITEM 19 ADJOURNMENT 11:58 AM

This set of minutes for May 6, 2003 was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.