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.

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 23rd day of September, 2003, at 9:10 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, 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 Bob Garsee, Chaplain for the Denton County Sheriff's Office, followed by the Pledges to the American and Texas Flag led by Theresa Rogers, Manager of Records Management.

Mr. Garsee: Father, we thank You for the privilege of being born in a country that's free. So many times we take this for granted, but, Heavenly Father, we know today that freedom has a big price tag. We thank You, Heavenly Father, for the privilege that we have to be able to go to the polls and to vote. And that these people that stand before us this morning, these Commissioners, this Judge, we voted them into office. We have trusted them with our business in this county. And so we lift them up to You that You would bless them, Heavenly Father, that the decisions made would be in Your name. And we praise You, in Jesus' name, Amen.

ITEM 1 PUBLIC INPUT

Theresa Rogers, Manager of Records Management, thanked Kevin Carr, Director of Information Services, his staff and Commissioners Court for their support to advance technology in her department.

ITEM 4 PUBLIC HEARINGS

4.A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estates Medium Density (R-2) in Abstract #1172, Tract 6-B, as
requested by Mr. and Mrs. Emmett Bewley and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Planning Department, and any appropriate action. Planning
Department

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

No one spoke for or against.

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

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0648

4.B) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit in Abstract #1172, Tract 6-B, as requested by Mr. and Mrs. Emmett Bewley and recommended by the Lake Ray Roberts Planning and Zoning Commission and the Denton County Planning Department, and any appropriate action. Planning Department

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

No one spoke for or against.

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

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0649

4.C) Approval of Sheriff Weldon Lucas & District Attorney Bruce Isaacks to hold a "Public Hearing" regarding proposed use of Local Law Enforcement Block Grant form the U.S. Department of Justice,
allocation and intended purpose of fiscal year 2003-2004 Local Law Enforcement Block Funds for $32,374.80 with local Sheriff's Office & District Attorney's Office cash match for $3,597.20, and any
appropriate action. Sheriff

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

No one spoke for or against.

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

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0650

ITEM 2 CONSENT AGENDA

(Items 10.B & C pulled for further consideration and/or separate vote.)

PURCHASING

6.B) Approval of award for RFP #06-03-1568, Human Resources Management System, to NOW Solutions, and approval of funding mechanism to be third party financing, and any appropriate action.
(Briefing 09-23-03)

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.) Sheila Dragoo, Deputy Clerk - Ad Valorem/Tax Assessor/Collector; Deanna Johnson, Deputy Clerk-Courts/County Clerk; Cathy Gresham, Mental Health Supervisor/County Clerk; Felecia Chevevert, Senior Clerk - Recording/County Clerk; Nick LaNoy, Systems Support Specialist/Information Services; David Slade, Network Manager/Information Services; Misty Stanford, Administrative Specialist - PT - Constable, Pct. # 3; Regina Sherwood, Financial Support Specialist II/County Treasurer; Rosemarie Burton, Court Clerk/JP # 1; Jamie Sullivan, Detention Officer I/County Jail; Cody Clark, Detention Officer I/County Jail; Joseph Rogers, Detention Officer I/County Jail; Destiny Williams, Juvenile Probation Officer/Juvenile Detention; Elizabeth Donovan, Shift Leader/Juvenile Detention; Tammy Silva, Juvenile Detention Officer/Juvenile Detention; Shelton Lewis, Juvenile Detention Officer/Juvenile Detention; Latoya Sims, Juvenile Corrections Officer/Juvenile Post Adjudication.

COUNTY CLERK

11.A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, September 16, 2003 - Formal Session, and any appropriate action.

OTHER DEPARTMENTS

13.B) Approval of Amendment to the County Vehicle Use Policy requiring a timely submission of County Official/Employee Mileage Reimbursement Claims. County Auditor (Briefing 09-23-03)

LEGAL

14.C) Approve Interlocal Agreement Contract with the Texas Department of Public Safety for the Intoxilyzer Breath Testing Program and the Laboratory Alcohol and Drug Testing Program, and any
appropriate action. (Briefing 09-23-03)

14.D) Approval of Amendment No. 3, to Contract No. 720056, between Denton County, Texas and the Office of Rural Community Affairs, and any appropriate action. (Briefing 09-23-03)

14.F) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County and the City of Frisco, and any appropriate action. (Briefing 09-23-03)

Move to approve Consent Agenda with the exception of Items 10.B & C by Comm. Carter,
seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0651

ITEM 10 PUBLIC WORKS

10.B) Approval of the revised Engineering checklist for the Denton County Subdivision Rules and Regulations, and any appropriate action. (Briefing 09-23-03)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0652

10.C) Approval of Kelly Zwinggi's letter of resignation as Road Superintendent of Denton County effective 5:00 p.m., September 30, 2003, and any appropriate action. (Briefing 09-23-03)

Move to approve with an effective resignation date of October 3, 2003, by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0653

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approve the resolutions honoring the John A. Scott Award finalists and the Employee of the Year,
and any appropriate action. Human Resources

3.A-1) Move to approve a resolution honoring Neil Cain as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0654

3.A-2) Move to approve a resolution honoring Tina Golden as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0655

3.A-3) Move to approve a resolution honoring Kathleen Bransford as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0656

3.A-4) Move to approve a resolution honoring Bob Schell as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0657

3.A-5) Move to approve a resolution honoring Brian King as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0658

3.A-6) Move to approve a resolution honoring Jerome Coleman as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0659

3.A-7) Move to approve a resolution honoring Barbara Nance as 2003 Employee of the Year Award - Finalist - by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0660

3.A-8) Move to approve a resolution honoring Martha Jones as 2003 Employee of the Year Award by Judge Horn, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0661

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.)

DELETION FROM GENERAL -
$450.00 to Dawn Moore, Attorney, incorrect amount.

5.A-1) Move to approve the amended Bill Report with the exception of Vendors 610, 2709, 4093,
5563 & 5831 by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0662

5.A-2) Move to approve Vendors 610, 2709, 4093, 5563 & 5831 in the Bill Report by Comm.
Carter, seconded by Judge Horn.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0663

ITEM 6 PURCHASING

6.A) Approval of award of bid for Lake Ridge Estates Road Construction, Bid #07-03-1575, to Calvert Paving Corporation for $206,819, and any appropriate action. (Briefing 09-23-03)

Move to approve by Comm. White, seconded by Judge Horn.
Motion Carried 2-1-1 (Carter abstained, Mitchell nay)
Court Order 03-0664

ITEM 7 BUDGET

7.A) Approval of Budget Amendment Request #102540 for Computer Maintenance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Tax
Assessor/Collector in the amount of $7,624, and any appropriate action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0665

7.B) Approval of Budget Amendment Request #102550 to Increase Revenues and transfer funds @$5,625, transfer funds from Non-Departmental Unappropriated Contingency-Workers Compensation Contingency @ $22,665 and Personnel Contingency @ $17,435 for various salary benefit line items from various departments for a total amendment of $45,725, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0666

7.C) Approval of Budget Amendment Request #102560 to Transfer to DCEA Insurance Fund for Transfer of Insurance Fund Department in the amount of $1,458,482, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0667

7.D) Approval of Budget Amendment Request #102570 for Operating Equipment for Public Health-Clinical in the amount of $1,481, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0668

ITEM 10 PUBLIC WORKS

10.A) Approval of the assignment of Denton County Vehicles to be taken home for Facilities, Planning, Engineering, and Road and Bridge; the employees and respective vehicles are as follows: Robert Akins -
CV7702, Robbie Baughman - FP00503, Neil Cain - FP95683, Matt Cupit - FP95581, Mark Kampfenkel - FP95682, Dan Melgoza - CV97701, Tim Mullen - FP1581, Ed Roberts - FP00401, Danford Stastny - DP02601, Kelly Zwinggi - FD97125-01, Jack Dyer - FD03110-35, Hank Ogden FD02110-31, Kelly Mullholland - FD97125-02, EIT - FD97110-20, Lewis Newcomb - FC95120, Mike Burton - DG02110- 33, Mike Riley - DG02110-34, Danny Smith - FD99110-28, New Foreman - FD99110-25, Bruce Dotterer
- DG02110-32, Jim Higgs - FD00110-30, and Gary Garrison - FD00110-29, and any appropriate action.
(Briefing 09-23-03)

Move to approve by Comm. Carter, seconded by Comm. White.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0669

10.D) Approval of November 4, 2003, 9:05 a.m. as the date and time to conduct a public Hearing to consider and approve the Replat of Lots 9R-1 and 9R-2, Block A, of Breezy Acres Estates, Precinct #4 and
any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0670

10.E) Approve revisions to job descriptions associated with the reorganization of the Public Works
Department, and any appropriate action. Human Resources
REPOST AT 10-14 MEETING

10.F) Approval of Ex-Officio Commissioner System assignment of facilities and any appropriate action related to the changes to the new system. Commissioner, Precinct #2
REPOST AT 10-14 MEETING

ITEM 13 OTHER DEPARTMENTS

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

13.C) Approval of Sheriff and Constable's Notice of Fees and Fines, effective January 1, 2004, and any appropriate action. Aide-to-the-Court (Briefing 09-23-03)

Move to approve with the following increases in costs as recommended by the Sheriff's Office: Writ of Possession, Order of Sale, Writ of Execution and Writ of Sequestration raised from $85.00 to $100.00 by Comm. Carter.
Motion Failed for lack of a second.

Move to approve the recommendation of the Sheriff except for the Writ of Possession; a flat fee of $90 be charged for the first three hours, after which a charge of $30 per deputy per hour would be required with the Justice of the Peace collecting the additional charge by Judge Horn, seconded by Comm. Mitchell.
Motion Withdrawn.

Move to approve recommendation of the Sheriff as follows: raise the costs from $85.00 to $100 on the following: Writ of Possession, Order of Sale, Writ of Execution and Writ of Sequestration with the remaining costs staying the same by Judge Horn, seconded by
Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0671

13.D) Review and approve Denton County Commissioners Court Operating Policy, and any appropriate action. Commissioner, Precinct #2
ACTION POSTPONED FOR NEXT MEETING

13.E) Approve the appointment of Sean O'Keefe to the Denton County Development District No. 4, and any appropriate action

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0672

ITEM 17 RECESS 10:34 a.m.

ITEM 18 RECONVENE 10:55 a.m.

ITEM 14 LEGAL

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

14.B) Approval of the Tarrant-Parker-Denton County Medical Examiner's District Attorney Agreement for the 2003-2004 Fiscal year, and any appropriate action.
ACTION POSTPONED FOR NEXT MEETING

14.E) Approval of the Magistrate Agreement between Denton County, Texas and Judge Robin Ramsey, and any appropriate action. (Briefing 09-23-03)

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-1-0 (Mitchell nay)
Court Order 03-0673

14.G) Approve Addendum #1 To Food Service Contract with Mid-States Services, Inc for food services to the Denton County Jail and the Denton County Juvenile Detention Facility, and any appropriate action.

Move to approve with the correct name of the vendor - Mid-America Services - by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0674

14.H) Approval of amendments to the Real Estate Contract between David Arthur, et al., and Denton County, and any appropriate action.

14.I) Approval of authorizing the County Judge to execute all necessary documents to close the Real Estate Contract between Jeani Hill and Denton County and directing the County Auditor to request a
warrant in a sufficient amount to fund and close the transaction, and any appropriate action.

14.J) Approval of authorizing the County Judge to execute all necessary documents to close the Real Estate Contract between Retail Monticello Partners, Ltd., and Denton County and directing the County
Auditor to request a warrant in a sufficient amount to fund and close the transaction, and any appropriate
action.

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 4-0-0
Court Order 03-0675

14.K) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Dallas, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 02-0676

14.L) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County and the City of Frisco, and any appropriate action.

Move to approve by Comm. White, seconded by Comm. Mitchell.
Motion Carried 4-0-0
Court Order 03-0677

14.M) Approval of the selection of Tuesday as the day of the week for the Denton County Commissioners Court to meet in regular session for the fiscal year 03-04, pursuant to Texas Local Government Code, Section 81.005(a), and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0678

ITEM 16 ADDENDA

16.A) Approval of substitution of Evaluation Committee member John Polster with Cintha Ganotis, Town of Flower Mound, for RFP #08-03-1580, Consulting Services for ROW Acquisition for FM 1171,
and any appropriate action. Purchasing Department

Move to approve by Comm. Mitchell, seconded by Comm. White.
Motion Carried 4-0-0
Court Order 03-0679

16.B) Approval of Supplement Agreement #2 between Denton County, Texas, and Carter & Burgess, Inc., for Engineering Services on SH 121 - Section 14C, and any appropriate action. Civil DA

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 4-0-0
Court Order 03-0680

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 11:20 a.m.
Court Reconvened in Formal Session 11:50 a.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 ANY OF THE ABOVE ITEMS

ITEM 19 ADJOURNMENT 11:51 a.m.

This set of minutes for September 30, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.