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.

December 2, 2003

Be it remembered, Commissioners Court of Denton County, Texas was called to order on the 2nd day of December, 2003, at 9:00 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 Dr. Bing Burton, Director of Health, followed by the Pledges to the American and Texas Flag led by Cathy Allcorn, County Planning Manager.

Dr. Burton: Lord, we come to You today with thankful hearts. You have been our help in ages past. You are our help in years to come. And so we thank You for Your blessings upon this Commissioners Court. And we pray that all that is said and done here today would be pleasing to You. We ask that you guide us and protect us. In Your holy name. Amen.

ITEM 1 PUBLIC INPUT

Nikki Elliott of Corinth, Texas, is seeking funding from the Juror Wage Compensation Program for the Spirit Horse Therapeutic Riding Center, a non-profit equine therapy center serving the disabled community.

ITEM 2 CONSENT AGENDA

TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of renewal of bid for Corrugated Galvanized Metal Pipe, Bid #10-02-1524, with Texas Steel Culvert Company, and any appropriate action. (Briefing 11-25-03)

6.B) Approval of specifications and authority to advertise for Shady Shores Drive Paving Improvements, Bid #11-03-1589, and any appropriate action. (Briefing 11-25-03)

6.C) Approval for the use of excess FY2003 Tax Notes to purchase Lenel standard 8-channel video board upgrade and any appropriate action. (Briefing 11-25-03)

BUDGET

7.A) Approval of Budget Amendment Request #100220 for Contract Labor for Tax Assessor/Collector in the amount of $1,448, and any appropriate action. (Briefing 11-25-03)

7.B) Approval of Budget Amendment Request #100230 to increase revenues and allocate expenditures for Economic Development Projects for Economic Development in the amount of $2,625,
and any appropriate action. (Briefing 11-25-03)

7.C) Approval of Budget Amendment Request #100240 to increase revenues and allocate expenditures for Computer Software Maintenance for Sheriff's Department in the amount of $2,784, and
any appropriate action. (Briefing 11-25-03)

7.D) Approval of Budget Amendment Request #100250 to increase revenues and allocate expenditures for Operating Equipment and Operating Supplies for Sheriff's Department in the amount of
$3,472, and any appropriate action. (Briefing 11-25-03)

7.E) Approval of Budget Amendment Request #100270 for Electrical/Water Service and Water Service for Jones Street/Lewisville Facility in the amount of $8,500, 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.) Bradley Garrett, Traffic Enforcement Deputy/License & Weight; Richard Renfro, Deputy Constable/Constable Pct. 3; Lee Veness, Civil Attorney I/Criminal D.A. - Civil Division.

PUBLIC WORKS

10.C) Approve the Final Plat of Twin Creeks Ranch, Precinct #1, and any appropriate action. Public Works/Planning (Formal 11-25-03)

COUNTY CLERK

11.A) Approve the County Clerk minutes for Denton County Commissioners Court Meeting, November 18, 2003 - Formal Session, and any appropriate action.

OTHER DEPARTMENTS

13.D) Approval of a Clean Air Resolution, and any appropriate action. County Judge (Briefing 11-25-03)

LEGAL

14.B) Approval of the Software Maintenance Agreement between Denton County, Texas and Northeast Data Corporation (Net Data), and any appropriate action. (Briefing 11-25-03)

14.C) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (a) the Town of Flower Mound; (b) the City of Coppell; (c) the City of Little Elm; (d) the City of The
Colony; and (e) the City of Ponder, and any appropriate action. (Briefing 11-25-03)

14.D) Approval of the Service Agreement between Denton County and (a) Boys and Girls Club of the Golden Triangle (aka Denton County); (b) Chisholm Trail Retired Senior Volunteer Program, Inc. dba RSVP; (c) Interfaith Ministries of Denton, Inc.; (d) Denton Family Resource Center; (e) PediPlace; and (f) Denton County MHMRV, and any appropriate action. (Briefing 11-25-03)

Move to approve Consent Agenda by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-1 (White abstained)
Court Order 03-0788

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approval of a presentation of the National Sheriff's Association's "MEDAL OF MERIT" to Captain Gregory Leveling by Sheriff Weldon Lucas, and any appropriate action.
NO ACTION - REPOST

3.B) Approval of a presentation by the Historical Park Foundation of Denton County, Inc. concerning a Denton County African-American Museum to be developed in the Historical Park, and any appropriate
action. County Judge

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0789

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.)

DELETIONS FROM GENERAL -
$ 8.25 to Municipal Services Bureau, duplicate payment;
$ 275.00 to Scott Holman, Attorney, not authorized for payment.

ADDITIONS TO GENERAL -
Budget - $ 450.00 to Gov't Finance Officers Assn, application fee.

Move to approve amended Bill Report by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0790

ITEM 6 PURCHASING

6.D) Approval of award for Consulting Services for ROW Acquisition for FM1171, RFP #08-03-1580, to Griffin & Jones, Thacker & Weatherly, P.C., and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0791

ITEM 9 HEALTH

9.A) Approval of TDH contract for FQHC Incubator Program funding, and any appropriate action.(Briefing 11-25-03)

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0792

ITEM 10 PUBLIC WORKS

10.A) Approve internal procedures for the workings between the new Ex-Officio Commissioners and central departments, and any appropriate action. Commissioner, Precinct #2

10.B) Approve any road and bridge differences between Ex-Officio Road Commissioners that need to be addressed by the Commissioners Court, and any appropriate action. Commissioner, Precinct #2
NO ACTION - REPOST

ITEM 13 OTHER DEPARTMENTS

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

13.B) Approve the re-appointment of Matthew Dalton to the Denton County Building & Property Committee effective December 31, 2003, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Jacobs, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0793

13.C) Approval of the building usage request from Grace Temple Baptist Church for the purpose of Christmas on the Square (west side) on Sunday, December 7, 2003, and any appropriate action. Aide-to-
the-Court

Move to approve by Comm. Carter, seconded by Comm. Mitchell.
Motion Carried 5-0-0
Court Order 03-0794

ITEM 14 LEGAL

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

14.E) Approval of appointing Mr. Lee Veness of the Civil Division of the Denton County Criminal District Attorney's to replace Robert Schell, on the following Committees: 1) Drilling/Land Development
Committee, 2) Evaluation Committee for Consulting Services for ROW Acquisition for FM 1171 and 3) Loss Control Committee, and any appropriate action. (Briefing 11-04-03; 11-07-03; Formal 11-25-03)

Move to approve, (#2 has been accomplished), by Comm. Carter, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0795

14.F) Approval of the Professional Services Agreement for Engineering Services and Right-of-Way Surveying Services between Denton County, Texas and Alliance Area Surveying, and any appropriate action. (Formal 11-25-03)

14.F-1) Move to approve the Professional Services Agreement by Comm. Carter, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 03-0796

14.F-2) Move to approve the following Road Projects for 2003/2004 fiscal year: upgrade to County Standard, Bonnie Brae Road @ 6,600 feet or 1.25 miles, Smiley Road @14,690 or 2.73 miles, and Swafford Road @ 9,950 feet or 1.89 miles; Road improvements by previous developer agreement to Burnett Road, 7,862 feet or 1.49 miles; Moberly Road - bridge replacement; Knight Lane - culvert upgrade; Berend Road - culvert upgrade, and for Chinn Chapel, various drainage improvements by Comm. White, seconded by Comm. Carter.
Motion Carried 5-0-0
Court Order 03-0797

ITEM 17 RECESS 9:42 a.m.
ITEM 18 RECONVENE 10:07 a.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
Court Reconvened in Formal Session 10:35 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

15.E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); James H. Whaley, Sr. v. Mike Bateman, Justice of the Peace, Precinct No. 5, et al. in the Probate Court of Denton County, Texas, Cause No. RT-2003-01610.

Move to assign the Pending Litigation of James H. Whaley, Sr. v. Mike Bateman, J.P. 5 in the Probate Court of Denton County, to the Criminal District Attorney, Civil Division, by Judge Horn, seconded by Comm. Jacobs.
Motion Carried 5-0-0
Court Order 03-0798

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.C) Presentation and update on North America's Superhighway Coalition, Inc. (NASCO) by Ken Miller, Executive Director. Commissioner, Precinct #2

ITEM 15 EXECUTIVE SESSION 11:05 a.m.

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

ITEM 19 ADJOURNMENT 11:30 a.m.

This set of minutes for December 2, 2003, prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.