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 16th day of December, 2003, at 9:08 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Jim Carter and Bobbie J. Mitchell were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.

Court opened with an Invocation by Megan Schwind of the Bluebonnet 4-H Club of Lewisville, Texas, followed by the Pledges to the American and Texas Flag led by Meredith Gosnesll of the Argyle 4-H Club.

Ms. Schwind: Dear Lord, we praise Your wonderful name. We thank You for this day and all of our blessings. Please forgive us for when we fail you. And please help us and bless all of our family and friends. Please help me to honor You in all that I do today. Amen.

ITEM 3 RESOLUTIONS/AWARD PRESENTATIONS

3.A) Approve the Resolution honoring Mildred Hawk for her many years of service and dedication to preserving the history of Denton County, and any appropriate action. Commissioner, Precinct #1

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0811

3.B) Presentation by the Texas Cooperative Extension regarding their annual report to Commissioners Court, and any appropriate action. County Judge

PRESENTATION GIVEN

ITEM 2 CONSENT AGENDA

TREASURER

5.B) Approval of Payroll.

PURCHASING

6.A) Approval of renewal for Gasoline, Bid #09-01-1450, to Kelsoe Oil (Gasoline) for a Firm Profit Margin of $0.0400, and any appropriate action. (Briefing 12-09-03)

6.B) Approval of specifications for RFP #10-03-1587, Guardianship Program, authority to advertise, and any appropriate action. (Briefing 12-09-03)

BUDGET

7.A) Approval of Budget Amendment Request #100320 for Contract Labor for County Planning in the amount of $1,391, and any appropriate action. (Briefing 12-09-03)

7.B) Approval of Budget Amendment Request #100330 for Computer Maintenance for Tax Assessor/Collector in the amount of $19,050, 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.) Sherry Hendrix, Personnel – Community Relations Assistance/Sheriff; Robert Dean Stadler, Bailiff/Sheriff; Jerry Butler, Detention Officer I/County Jail; Josh Boydston, Detention Officer I/County Jail; Cynthia Longoria, Deputy Clerk – Motor Vehicle/Tax Assessor-Collector; Teresa York, Detention Officer 1 – Records Clerk/Records Management & Preservation.

PUBLIC WORKS

10.D) Approve the FINAL Plat of Heritage Lantana, Phase Three, Precinct #4, and any appropriate action.

LEGAL

14.B) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (a) the City of Denton, (b) the City of Lewisville, (c) the City of Justin, and (d) the City of Plano, and any appropriate action. (Briefing 12-09-03)

14.C) Approval of the Service Agreement between Denton County and (a) Metrocrest Social Services, (b) Youth and Family Counseling, (c) Children’s Advocacy Center for Denton County, Inc., and (d) Family Health Care, Inc., and any appropriate action. (Briefing 12-09-03)

Move to approve by Comm. Carter, seconded by Comm. Mitchell. Motion Carried 3-0-0
Court Order 03-0812

ITEM 5 AUDITOR

5.A) Approval of Bill Report and Monthly Financial 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 - $ 162.75 to West Info Publishing Group for credit amounts; IC - $ 227.42 to UT Southwestern, per department.

ADDITIONS TO –
GENERAL - Voter Reg. $ 475.00 to U.S. Postmaster for Reply Mail Account; Non-Dept. $ 72.00 to Albertsons, Holiday Lunch for Operations; $ 32.00 to Good Eats, Holiday Lunch for Constable # 1; $ 36.00 to Golden Corral, Holiday Lunch for Constable # 4 Fire Marshall $ 2,307.29 to Nextel Communication for Equipment Charges;DCTA – $ 163,931.09 to Denton County Transportation Authority for tax-free DCTA funds to Owners.

Move to approve amended Bill Report and Monthly Financial Report by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0813

ITEM 8 HUMAN RESOURCES

8.B) Approve changes to the job descriptions (Captain CID, Personnel/Community Relations Officer and Major-Operations) and reorganization in the Sheriff’s Department, and any appropriate action. (Briefing 12-09-03)

8.B-1) Move to approve deletion of Slot 091 - the current Major/Operations position - upon incumbent’s retirement, and reclassification of the incumbent Captain, Special Services position, to a Major/Operations position with a one step raise by Judge Horn, seconded by Comm. Carter.

Motion Carried 3-0-0
Court Order 03-0814

8.B-2) Move to approve the creation of a new position – Deputy, Warrants - by Comm. Mitchell, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0815

8.B-3) Move to approve a change in status for the incumbent Warrant Deputy from part-time to full- time at a Step Four; if the incumbent chooses not to accept the full-time position, then the position will be posted and set by whatever policy the new hire deserves Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 03-0816

8.B-4) Move to approve the assignment of Homeland Security duties to the CID Captain with a supplement pay increase for this position coming from the Health Department’s grant for Public Health Preparedness, as recommended by Dr. Bing Burton, Director of Health, by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0818

8.C) Approve changes to the job descriptions (Captain Administration and Specialty Units and Corporal/Administration) in the Sheriff’s Department, and any appropriate action. (Briefing 12-16-03)

Move to approve by Comm. Carter, seconded by Comm. Mitchell. Motion Carried 3-0-0
Court Order 03-0817

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

10.C) Approve the appointment of Glenna Krueger to the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action.

Move to approve the reappointment of Mrs. Krueger by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0819

10.E) Approve Tuesday, January 6, 2004 at 9:05 a.m. as date and time to conduct a Public Hearing to consider amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (R-2), Abstract 1100, Tract 1, Abstract #792, Tract 33, and Abstract 29, Tract 1, Precinct #1, and any appropriate action.

Move to approve by Comm. Carter, seconded by Comm. Mitchell. Motion Carried 3-0-0
Court Order 03-0820

10.F) Approve Tuesday, January 6, 2004 at 9:10 a.m. as date and time to conduct a Public Hearing to

consider amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Medium Density (r-2), Abstract #792, Tract 34, and Abstract 29, Tract 6, Precinct #1, and any appropriate action.

Move to approve by Comm. Mitchell, seconded by Comm. Carter. Motion Carried 3-0-0
Court Order 03-0821

10.G) Approve Tuesday, January 6, 2004 at 9:20 a.m. as date and time to conduct a Public Hearing to consider amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Planned Development (PD) for Abstract #792, Tract 50, and Abstract 790, Tract 2 & 9 and recommended to be approved by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action

Move to approve by Comm. Mitchell, seconded by Comm. Carter. Motion Carried 3-0-0
Court Order 03-0822

ITEM 12 SHERIFF

12.A) Approve Interlocal Cooperation Agreement between Denton County & Limestone County for the housing of jail inmates, and any appropriate action.

12.B) Approve Interlocal Cooperation Agreement between Denton County &Bowie County for the housing of jail inmates, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0823

ITEM 13 OTHER DEPARTMENTS

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

13.B) Approval of re-appointment of Terry Simons to the Denton County Building & Property Committee effective December 31, 2002, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Carter, seconded by Judge Horn.
Motion Carried 3-0-0
Court Order 03-0824

13.C) Approve TEEX Sub Recipient Agreement 2003-EU-T3-0043, Denton County Initial Sub grant, and any appropriate action. County Judge

Move to approve by Comm. Carter, seconded by Comm. Mitchell. Motion Carried 3-0-0
Court Order 03-0825

13.D) Approve acceptance of John Gordon’s resignation from the Transportation Committee and appointment of Joel Marks to fill unexpired term effective immediately, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Mitchell, seconded by Comm. Carter. Motion Carried 3-0-0
Court Order 03-0826

13.E) Approve acceptance of Marie Hughey’s resignation from the Transportation Committee and appointment of Dick Abernathy to fill unexpired term effective immediately, and any appropriate action. Commissioner, Precinct #2

Move to approve by Comm. Carter, seconded by Comm. Mitchell. Motion Carried 3-0-0
Court Order 03-0827

ITEM 14 LEGAL

14.A) Any appropriate action on Executive Session matters - Legal Department.

NO ACTION

14.D) Approval of the a) Contract Agreement, b) Performance Bond, c) Payment Bond and d) Maintenance Bond between Denton County, Texas, and Calvert Paving Corporation for the Lake Ridge Estate Road Construction project, Bid #07-03-1575, and any appropriate action.

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Failed 1-1-1 (Mitchell, nay & Carter abstained)

ITEM 16 ADDENDA

16.A) Approve Tuesday, January 6, 2004 at 9:15 a.m. as date and time to conduct a Public Hearing to consider and take any appropriate action on a request for a variance from lot with, Abstract 1100, Tract 1, Abstract 792, Tract 33 & 34, and Abstract 29, Tract 1 & 6, Precinct #1, in the Lake Ray Roberts Land Use District, and any appropriate action. County Planning

Move to approve by Judge Horn, seconded by Comm. Mitchell.
Motion Carried 3-0-0
Court Order 03-0828

16.B) Approval of renewal of Agreement between Denton County, Texas and Careerbuilder, Inc. Civil DA

Move to approve by Judge Horn, seconded by Comm. Carter.
Motion Carried 3-0-0
Court Order 03-0829

ITEM 17 RECESS 10:35 a.m.

ITEM 18 RECONVENE 10:45 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 11:07 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.

16.C) EXECUTIVE SESSION - Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); DENTON COUNTY, TEXAS, v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., n/k/a HUNT CONSTRUCTION GROUP, INC., AND R. C. SMALL & ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas. DA/Civil

NO ACTION

ITEM 19 ADJOURNMENT 11:09 a.m.