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 13, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 13th day of May, 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. Commissioner Sandy Jacobs was attending to county business out of state.

Court opened with an Invocation by Bob Phillips, Associate Pastor, First Baptist Church of Denton, followed by the Pledges of Allegiance to the American and Texas Flags led by Cathy Allcorn, County Planning Manager.

Pastor Phillips: Heavenly Father, we're once again reminded of the freedoms we have as we convene here this morning. And we want to take just a moment to thank You, Father, and lift up our armed forces to You as they continue to fight and uphold the freedoms we enjoy. Lord, we love You and we thank You for the opportunity to meet together in a free nation, Father, where people have rights. We thank You for that. Lord, this morning I pray You grant this Court wisdom. Father, I pray that You would lead every step of the way, Lord, in everything we do today, that we bring honor and glory to You. In Jesus' name we pray, Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATION

3.A) Presentation by the Denton County Independent School District to recognize Denton County employees who volunteer as school mentors. County Judge

3.B) Approve the Resolution supporting the City of Denton Alternative Transportation Day, Wednesday , May 14, 2003, and any appropriate action. Commissioner, Precinct #1

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0258

ITEM 4 PUBLIC HEARING

4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estates - 2 (R-2) on 1.49 acres in Abstract #1214, Tract 14, as
requested by Dan Gist and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Planning Department, and any appropriate action. Public Works/Planning Department

Move to open Public hearing by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0

No one spoke either for or against this amendment.

Move to close Public Hearing by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0

Move to approve amendment by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0259

ITEM 1 PUBLIC INPUT

Willie Hudspeth responded to Judge Horn's letter to him regarding bringing water to the Confederate Statute on the Square.

Mikkie Sartor sought a resolution to her problems with obtaining building permits in Justin, Texas.

ITEM 2 CONSENT AGENDA

PURCHASING

6.A) Approval of award of bid for Janitorial Supplies, Bid #03-03-1544, to Eagle Brush and Chemical for Section I Five Star Supply for Section 2, Empire Paper for Section III and Dart Janitorial for Section IV,
and any appropriate action. (Briefing 05-06-03)

6.B) Approval of award for Elevator Maintenance to United Elevator, Inc., Bid #04-03-1553, and any appropriate action. (Briefing 05-06-03)

BUDGET

7.A) Approval of budget amendment request #101030 to reallocate excess funds for repairs and maintenance for Denton County Courts Building in the amount of $800, and any appropriate action.
(Briefing 05-06-03)

7.B) Approval of Budget Amendment Request #101040 for Vehicle Repairs including the transfer of funds from the Non-Departmental Unappropriated Contingency-Vehicle Repair contingency for
Emergency Management in the amount of $2,000, and any appropriate action. (Briefing 05-06-03)

7.D) Approval of Budget Amendment Request #101060 for Contract Labor including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable, Precinct #3 in the amount of $270, and any appropriate action. (Briefing 05-06-03)

7.E) Approval of Budget Amendment Request #101110 for Computer Software Maintenance for Financial Information System in the amount of $17,565, and any appropriate action.

7. F) Approval of Budget Amendment Request #101120 for Equipment Maintenance and Computer Software Maintenance for the Sheriff's Department in the amount of $16,150, and any appropriate action.

7.G) Approval of Budget Amendment Request #101140 for Gasoline for Greenbelt Public Safety in the amount of $2,150, 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.) Cynthia Reese, Administrative Manager - Print/Mail Dept.; Pamela Ann Russell, Court Clerk/JP # 4; Jason Taylor, Detention Officer I/County Jail; Brandi Waugh, Detention Officer I/ County Jail; William Mark Price, Assistant County Treasurer/County Treasure.

8.B) Approve changes to the Social Worker job description in the Health Department, and any appropriate action. (Briefing 05-06-03)
8.C) Approval of HIPPA Policies and Procedures for the Denton County Benefit Plan, and any appropriate action. (Briefing 05-06-03)

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting April 29, 2003 - Formal Session, and any appropriate action.

SHERIFF

12.A) Approve Sheriff Weldon Lucas' request to declare

1) 1 gold in color bracelet
2) 1 gold in color rope necklace with pendant
3) 1 gold in color Citizen watch
4) 1 1981 Chevrolet Pick-Up truck
5) 2 Numark turntables
6) 1 Gemine 3 amp. "mixer"
7) 1 Sony Dual cassette player
8) 2 Zenith DCMK212 Speaker cabinets
9) 1 Zenith television
10) 1 Sony headphone set
11) 1 Intra TEC DC9 Semi-auto 9mm handgun in a case with suppressor and 2 30 round magazines
12) U.S. Currency totaling $9,400 as abandoned, and award them to the North Central Texas Narcotics Task Force for its use and/or disposal, and further orders the above U.S. Currency totaling $9,400 be deposited into Fund 28-3155-000, which is the North Central Texas Narcotics Task Force "Generated Program Income" account, and any appropriate action. (Briefing 05-06-03)

12.B) Approve request to accept the donation of a utility trailer for the use of the North Central Texas Narcotics Task Force in its fight against illicit drug manufacturing in our communities, and any appropriate action. (Briefing 05-06-03)

OTHER DEPARTMENTS

13.B) Approval of Dell computer lease from state contract through Texas Department of Information Resources, and any appropriate action. Information Services (Briefing 05-06-03)

LEGAL

14.B) Approval of the Easement for the property situated in the J. Brock Survey Abstract #55, City of Denton, Texas, and being part of Lot #18 in Block 5 o the Replat of Mack Addition, First Installment, recorded in Volume 7 Page 43 of the Plat Records of Denton County, Texas, but more commonly known as the "Old Food Lion Building Property," located at 1505 East McKinney, Denton, Texas, between Denton
County, Texas, and the City of Denton, Texas, and any appropriate action. (Briefing 05-06-03)

14.C) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Carrollton, and any appropriate action. (Briefing 05-06-03)

Move to approve Consent Agenda by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0260

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.C) Approval of a Resolution calling upon the Texas Legislature to seek a statewide solution to the budget crisis, instead of passing the burden to counties and their ad valorem taxpayers, and any appropriate
action. County Judge

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-2-0 (White & Mitchell nay)

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.)

DELETION from General, $613.25 to Kelly Goodness, PhD, incorrect amount.

ADDITION to C.S.C.D., $120.00 to John Kapten for Austin Travel Advance.

Move to approve amended Bill Report by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0261

5.B) Approval of the Lease/Purchase Agreement with Ford Motor Credit totaling $23,576.59 for the Acquisition of One (1) 2003 Ford Patrol Vehicle for the Denton County Freshwater Supply District Patrol
Service Contract, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0262

ITEM 7 BUDGET

7.C) Approval of Budget Amendment Request #101050 for Radios and Radars for Departmental of Public Safety including the transfer of $3,720 from Non-Departmental Unappropriated Contingency-Regular Contingency and $3,000 from Department of Public Safety's budget for a total amount of $6,720, and any appropriate action. (Briefing 05-06-03)
ITEM TO BE REPOSTED TO NEXT WEEK

ITEM 13 OTHER DEPARTMENTS

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

13.C) Approval of Denton County Farmers Market using the Mulberry Parking Lot for marketing
produce grown by Denton County farmers from May through October of 2003, and any appropriate action.
Aide-to-the-Court

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0263

13.D) Approval of request from Greg Hedges, Denton Police Department, to use the Mulberry Memorial Parking lot for Law Enforcement Prayer Vigil on May 17, 2003 between 10:00 a.m. and 11:00 a.m., and any appropriate action. Aide-to-the-Court

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0264

13.E) Approve the appointments to two vacancies to fill the vacancies on the Medical Examiner Committee, and any appropriate action. Commissioner, Precinct #1

Move to appoint John Looper to one of the vacancies by Judge Horn, seconded by Comm. White.
Motions rescinded for reposting next week.

13.F) Approve the re-examination of the Medical Examiner Contract as recommended by the Medical Examiner Committee, and any appropriate action. Commissioner, Precinct #1 (Briefing 05-06-03)

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0265

13.G) Approve any appropriate action, reaffirming Innovative Transportation Solutions, Inc.'s role in transportation issues on behalf of Denton County. County Judge
TO BE REPOSTED NEXT WEEK

ITEM 17 RECESS 10:00 AM
ITEM 18 RECONVENE 10:08 AM

ITEM 6 PURCHASING

6.C) Approval of award of bid for Bank Depository, Bid #01-03-1534, and any appropriate action.
BIDS WERE RECEIVED FROM BANKONE N.A., WELLS FARGO & BANK OF AMERICA.
ITEM TO BE REPOSTED FOR NEXT WEEK

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 10:13 AM
Court Reconvened in Formal Session 10:40 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 pursuant to Section 551.071 (1)(A), Government Code; Saddle Creek Joint Venture, et al. v. Laurel Oaks Ltd. Partnership, et al.; In the Probate Court of Denton County, Texas TI-2003-00491.

Move to approve recommendation of and assignment of this pending litigation to the Criminal
District Attorney's Office, Civil Division, by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0266

ITEM 1 PUBLIC INPUT

Judge Horn announced that due to renovation work in the Courthouse on the Square, Commissioners Court would be meeting in the Pre-Trial Facility at 1406 Troy H. LaGrone Drive, Denton, Texas for the scheduled meetings of May 20th and May 27th.

ITEM 19 ADJOURNMENT 10:43 AM

This set of minutes for May 13, 2003, was prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.