Denton County Commissioners Court Denton County Pre-Trial Facility 140 Troy H. LaGrone Drive, Denton, Texas * * * * * Formal Agenda Minutes
Not Official Minutes.  For official minutes, please contact the County Clerk at 940-349-2012.

September 9, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 9th day of September, 2003, at 9:05 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, 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 Mr. Tommy Brewer, Commander of the American Legion Post 71, Denton, Texas, followed by the Pledges to the American and Texas Flag led by Mr. Don Alexander, Elections Administrator.

Mr. Brewer: Father, God, we invoke Your presence here today. We thank You for the opportunity to meet in an open forum to conduct the business of the people of Denton County. Let us be ever mindful as we pray for those in uniform on-duty around the world protecting our country. We pray for wisdom and the decisions made are through the greater good or our citizens. Lead, guide, and direct our path. For it's in Your name that we pray. Amen.

Commissioner Sandy Jacobs, Precinct No. Two, announced and invited everyone to the Eighth Annual North Texas Conference for Business, Industry & Economic Development to be held on Friday, September 12, 2003 at the University of North Texas, Silver Eagle Suite.

ITEM 4 PUBLIC HEARINGS

4.A) Approval to take evidence on changes to the Engineering Section of the Denton County Subdivision Rules and Regulations, and any appropriate action. Civil DA

Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0

No one spoke.

Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0

Move to approve with an amendment to Section III - Paving Plans - SubsectionA(1) by
Judge Horn, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0598

ITEM 16 ADDENDA

16.A) Approval of appointing Election Judges for the 2003 Constitutional Amendment Election and the Denton County Transportation Authority Special Sales Tax Election on September 13, 2003, and any appropriate action. Elections (Formal 08-26; 09-02-03)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0599

ITEM 2 CONSENT AGENDA

(Item 11.A pulled for a correction.)

TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of award of bid for Tray Washer and Waste Equipment System, Bid #07-03-1570, to PASCO for $67,840, and any appropriate action. (Briefing 09-0-03)

6.B) Approval of award of bid for Emulsified Asphalt, Bid #06-03-1567, to Koch Materials, C., and any appropriate action. (Briefing 09-02-03)

6.C) Approval of specifications for Consulting Services for ROW Acquisition for FM 1171, RFP #08-03-1580, approval of Evaluation Committee, and any appropriate action. (Briefing 09-02-03)

BUDGET

7.A) Approval of Budget Amendment Request #102240 for various line items for Sheriff's Department in the amount of $11,913, and any appropriate action. (Briefing 09-02-03)

7.B) Approval of Budget Amendment Request #102260 for Office Supplies for BRLHO/Innovation Grant in the amount of $15,000, and any appropriate action. (Briefing 09-02-03)

7.C) Approval of Budget Amendment Request #102290 for Contract Labor and Office Supplies including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Print/Mail Department in the amount of $1,400, and any appropriate action. (Briefing 09-02-03)

7.D) Approval of Budget Amendment Request #102300 for various line items including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Commissioner,
Precinct 4 in the amount of $1,397, and any appropriate action. (Briefing 09-02-03)

7.F) Approval of Budget Amendment Request #102320 for Court Appointed Attorneys-Juvenile including the transfer of funds from Non-Departmental Unappropriated Contingency-Court Ordered
Contingency for County Court at Law #1in the amount of $38,327, and any appropriate action. (Briefing 09-02-03

7.G) Approval of Budget Amendment Request #102340 for Computer Supplies and Office Supplies for County auditor in the amount of $2,675, and any appropriate action.

7.H) Approval of Budget Amendment Request #102350 for Computer Software for County-Wide Technology in the amount of $52,000, and any appropriate action.

7.I) Approval of Budget Amendment Request #102360 for Printed Material for Criminal District Attorney in the amount of $794, and any appropriate action.

7.J) Approval of Budget Amendment Request #102370 for Water Service and Sanitation Service Expense for Various County Facilities Buildings in the amount of $2,200, and any appropriate action.

7.K) Approval of Budget Amendment Request #102380 for Office Supplies for County Clerk in the amount of $534, and any appropriate action.

7.L) Approval of Budget Amendment Request #102400 for Lease Payment including the transfer of funds from DA-Hot Check Unappropriated Contingency funds for Criminal District Attorney-Hot Check Department in the amount of $1,016, and any appropriate action.

7.M) Approval of Budget Amendment Request #102410 for various line items for Centralized Road & Bridge in the amount of $87,998, and any appropriate action.

7.N) Approval of Budget Amendment Request #102420 for Bridge Consultant Fees for Centralized Road & Bridge in the amount of $28,487, and any appropriate action.

7.O) Approval of Budget Amendment Request #102430 for Contract Road Work for Centralized Road & Bridge in the amount of $75,000, and any appropriate action. (This item pulled from Consent toward
the end of this session.)

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.) Donald Stephens, Communications Officer I/Communications; Alva Santos, Nutritionist - WIC/Administration; Darnesia Mohair, Detention Officer I/County Jail; Ronald VanderRoest, Detention Officer I/County Jail; Sandra McKinney, Financial Manager/Bioterrorism Preparedness Grant.

PUBLIC WORKS

10.A) Approve Courthouse on the Square Restoration Project Potential Change Order #5 for Joe R. Jones Stone Replacement, $19.372.90, Door Hardware modifications, $919.88, and valve box
modifications and valve replacements, $4,688.01, totaling $24,960.79, and any appropriate action. Facilities (Briefing 09-02-03)

10.F) Approve the Final Plat of the Providence Addition, Phase 4, Precinct #1, and any appropriate action. Planning

LEGAL

14.B) Approval of Lease Agreement between Denton County, Texas, and Garden Ridge at Valley Co. for office space for the juvenile Probation Department in Lewisville, and any appropriate action. (Briefing 09-02-03)

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 03-0600

ITEM 11 COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, August 19, 2003 - Formal Session, and any appropriate action.

Move to approve as corrected by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0601

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approve continuation of the Disaster Declaration for Denton County for threat of wildland fires due to draught conditions, and any appropriate action. Emergency Management
NO ACTION

ITEM 5 AUDITOR

5.A) Approval of Bill Report/Payroll.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

DELETIONS FROM GENERAL -
$ 1,050.00 (twice $525.00) to Ron Vanzura, Attorney, incorrect amount.
$ 150.00 to Kimberly Nicole Walker, Attorney, incorrect amount.

ADDITIONS TO -
GENERAL -
D.A. $ 55.00 to Dallas County Constable for services in a juvenile case;
$ 350.00 to JP # 6, refund bond;
TNCP -
$ 286.92 to Imagistics for Copier Rental, May - June, 2003;
BioTerr $ 446.29 to Verizon Wireless for services - Bioterrorism.

Move to approve amended Bill Report with the exception of Vendor Items #2980 & #6029 by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0602

Move to approve Vendor Items # 2980 & #6029 by Comm. Jacobs, seconded by Comm. White.
Motion Carried 4-1-0 (Mitchell nay)
Court Order 03-0603

ITEM 7 BUDGET

7.E) Approval of Budget Amendment Request #102310 for Indigent Medical Care for Indigent Health Care in the amount of $200,000, and any appropriate action. (Briefing 09-02-03)

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0604

ITEM 8 HUMAN RESOURCES

8.B) Approve revisions to Personnel Policy #6.3 Longevity Pay, and any appropriate action. (Briefing 09-02-03)

Move to approve by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0605

ITEM 9 HEALTH

9.A) Approval of Federally Qualified Health Center Incubator Program Proposal, and any appropriate action.

Move to approve a Resolution of Intent to Meet Federally Qualified Health Center Requirements and to authorize Director of the Health Department to proceed by Comm. Jacobs, seconded by Judge Horn.
Motion Carried 5-0-0
Court Order 03-0606

ITEM 10 PUBLIC WORKS

10.B) Discussion of the state laws that pertain to the authority and responsibility of the Commissioners Court on the County roads within the unincorporated areas of the county and any appropriate action that
relates to this subject. Commissioner, Precinct #2 (Formal 09-02-03)
NO ACTION

10.C) Discussion of the importance of the bond relating to any type Road Supervisor System and the potential effects if those bonds are not properly signed or implemented and any appropriate action. Commissioner, Precinct #2 (Formal 09-02-03)
NO ACTION

10.D) Discussion of keeping the same basic Public Works and Road Supervisor System that is in place today and any appropriate action that may relate to this subject. Commissioner, Precinct #2 (Formal 09-02-
03)

Move to approve by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Failed 2-3-0 (Horn, Mitchell & White, nay)

10.E) Approve the changes in the job descriptions in the Public Works Department and Road and Bridge in regards to the reorganization, and any appropriate action. Commissioner, Precinct #2 (Formal 08-05, 12,
26; 09-02-2003)
NO ACTION

ITEM 4 PUBLIC HEARINGS

4.B) Public Hearing on the Denton County Budget for FY2003-2004, and any appropriate action. Budget

Move to Open Public Hearing by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 5-0-0

Mildred Hawk, Denton, Texas, asked the court to clear up all Commissioners' questions before approving the budget.

Move to Close Public Hearing by Comm. Mitchell, seconded by Comm. Jacobs.
Motion Carried 5-0-0

4.C) Approve the adoption of the 2003-2004 Denton County Budget in the amount of $119,211,074, and any appropriate action. Budget

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Failed 2-3-0 (Jacobs, Mitchell & White, nay)
 REPOSTED ON SEPTEMBER 16, 2003

ITEM 7 BUDGET

7.O) Approval of Budget Amendment Request #102430 for Contract Road Work for Centralized Road & Bridge in the amount of $75,000, and any appropriate action.

Move to approve this request for Lake Ridge Estates by Comm. White, seconded by Judge Horn.
Motion Carried 3-1-1 (Mitchell, nay & Carter abstained)
Court Order 03-0607

ITEM 13 OTHER DEPARTMENTS

13.A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court
NO ACTION

13.B) Approve the formulation of a task force to evaluate residential and commercial development's compatibility with gas exploration, and any appropriate action. Commissioner, Precinct #4 (Briefing 09-02-03)

Move to approve by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0608

ITEM 16 ADDENDA

16.B) Approval of a) the Project and b) the Interlocal Cooperation Agreement between Denton County, Texas and the City of Frisco for safety improvements to FM 720, FM 423 and Kings Road, and any appropriate action.

Move to approve with funding from Commissioner Precinct # 1's Discretionary Better Safer
Roads Fund by Comm. White, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0609

ITEM 17 RECESS 11:55 a.m.
ITEM 18 RECONVENE 1:30 p.m.

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 1:30 p.m.
Court Reconvened in Formal Session 2:10 p.m.

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 Supreme Court of Texas.
NO ACTION ON EXECUTIVE SESSIONS 15.A THROUGH 15.D

15.E) 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 Probate Court of Denton County, Texas.

Move to approve the recommendation of the Criminal District Attorney, Civil Division, for authorization to proceed on negotiating with Resort Realty Company based on the terms discussed in Executive Session by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0610

ITEM 4 PUBLIC HEARINGS

4.D) Approval of the adoption of the tax rate on $100 of taxable value for Denton County for tax year 2003 as follows: $0.21343 for the purpose of maintenance and operation and $0.033740 for the payment of principal and interest on debt service, for a total County tax rate of $0.24717, and any appropriate action.
REPOST ON SEPTEMBER 16, 2003

ITEM 19 ADJOURNMENT 2:15 p.m.

This set of minutes for September 9, 2003 prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.