* * * * * Notice of Public Meeting Denton County Commissioners Court Denton County Pre-Trial Facility 1406 Troy H. LaGrone Drive, Denton, Texas * * * * * AGENDA

Tuesday, July 8, 2003, 9:00 A.M.

* * * * * Please turn off all audible pagers and cellular phones, $5.00 fine. * * * * *

A copy of the Formal and Briefing Agenda books is available for public review in the Aide-to-the-Court's Office. Some numbered agenda categories may have no posted items. Please contact the Aide-to-the-Court if assistance for hearing impaired is needed.

TIMED AGENDA ITEMS

3. A) 1:30 P.M.
4. A) 9:05 A.M.

CALL TO ORDER

INVOCATION

PLEDGES OF ALLEGIANCE

Pledge of Allegiance to the United States Flag
Pledge of Allegiance to the Texas Flag
"Honor the Texas Flag, I pledge allegiance to thee, Texas, one and indivisible."

1. PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA

Citizens should complete a witness form located on the side table. Pursuant to State Open Meetings Law, the Commissioners Court is restricted in discussing or taking action on items not posted on the agenda. Action on your statement can be taken only at a future meeting.

In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Commissioners Court may impose a three-minute limitation on persons addressing the Court. Please address all comments to the Presiding Officer.

2. CONSENT AGENDA

* All items marked with an asterisk are part of a consent agenda and require no deliberation by the Court. Any Court member can remove an item from this agenda to be considered separately.

3. RESOLUTIONS/AWARD PRESENTATIONS

1:30 pm A) Presentation of Recommended Budget for 2003-2004 by Donna Stewart, Budget Director, and any appropriate action. Budget

4. PUBLIC HEARINGS

9:05 am A) Approval of changes to the Engineering Section of the Denton County Subdivision Rules and Regulations, and any appropriate action.

5. AUDITOR/TREASURER

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.)

* B) FOR RECORDING PURPOSES ONLY: Approve the Annual Audit Report of the Jail Commissary. (Briefing 7-01-03)

6. PURCHASING

* A) Approval of renewal for Pharmaceutical Services - Jail Health, RFP #06-01-1431, to Diamond Pharmacy, and any appropriate action. (Briefing 7-01-03)

B) Approval of specifications and authority to advertise for Tax Statement Preparation/Mailing Service, RFP #06-03-1566, and any appropriate action.

C) Approval of specifications and authority to advertise for Health Information Software, RFP 06-03-1563, and any appropriate action.

D) Approval of Evaluation Committee recommendation to award the Direct Recording Electronic Voting Equipment and County System, RFP #01-03-1536, to ES&S; to determine the funding mechanism, authority to negotiate a contract; and any appropriate action.

7. BUDGET

* A) Approval of Budget Amendment Request #101300 for Computer Supplies for Records Management-General Fund in the amount of $307, and any appropriate action. (Briefing 7-01-03)

* B) Approval of Budget Amendment Request #101310 for Gasoline including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable, Precinct #4 in the amount of $7000, and any appropriate action. (Briefing 7-01-03)

C) Approval of Budget Amendment Request #101320 for Professional Services including the transfer of $7,000 from Non-Departmental Unappropriated Contingency-Regular Contingency and $2,390 from Child Protective Service's budget for a total amendment of $9,390. (Briefing 7-01-03)

* D) Approval of Budget Amendment Request #101340 for Psychiatric Services for 16th District Court in the amount of $3,000, and any appropriate action.

* E) Approval of Budget Amendment Request #101360 for various line items for Tax Assessor/Collector in the amount of $24,758, and any appropriate action.

* F) Approval of Budget Amendment Request #101440 for Professional Liability and Operating Equipment for Public Health-Clinical in the amount of $20,000, and any appropriate action.

* G) Approval of Budget Amendment Request #101450 for various line items for Elections Administration for a total amount of $62,894, and any appropriate action.

H) Approval of Budget Amendment Request #101460 for Training & Education including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Commissioners Court in the amount of $700, and any appropriate action.

8. HUMAN RESOURCES

* 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.)

9. HEALTH
* A) Approval of TDH Contract for WIC Services. (Briefing 7-01-03)

10. PUBLIC WORKS

A) Approval of the following potential change orders for the Courthouse-on-the-Square Restoration Project, and any appropriate action:

1. Approval of Potential Change Order #2 to A&E Services for basement and first floor HVAC construction documents revisions in the amount of $8,300;
2. Approval of Potential Change Order #3 to A&E Services for HVAC Evaluation in the amount of $4,975;
3. Approval of Potential Change Order #4 to A&E Services to renovate and restore historic corridors on second third floor in the amount of $14,177;
4. Approval of Potential Change Order #5 to A&E to provide performance specifications and proposal request for repair of the slate on the existing main roof in the amount $2,200 and prepare construction documents and provide bidding and construction administration services for refinishing of wood wainscoting, doors, base, and trim in the amount of $13, 800, totaling $16,100.

B) FOR RECORDING PURPOSES ONLY: Acceptance of the Road Superintendent's Road Report for May
2003, and any appropriate action.

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approval of any action related to the 78th Legislative Session. Commissioners Court

* B) Approve the Order to Call the Constitutional Amendment Election for Denton County Texas on September 13, 2003; to designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the main early voting site, that early voting will begin August 27, 2003, that early voting will be conducted from August 27, 2003 thru September 9, 2003; dates and hours of specific locations are as per attached memo; the address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202, and any appropriate action. Elections (Briefing 7-01-03)

C) Approval of the re-appointment of Jack Miller to the North Texas Tollway Authority Board of Directors, and any appropriate action. County Judge

14. LEGAL

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

* B) Approval of the Interlocal Agreements between Lewisville Independent School District and Denton County, the Trophy Club Municipal Utility District No. 1 and Denton County, the Trophy Club Municipal Utility District No. 2 and Denton County, and the City of Roanoke and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)
14. LEGAL - Continued
* C) Approval of the Interlocal Agreements between the Sanger Independent School District and Denton County, the Little Elm Independent School District and Denton County, the Town of Northlake and Denton County, the City of Lake Dallas and Denton County, and the City of Argyle and Denton County, for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)

* D) Approval of the Interlocal Agreements between the Krum Independent School District and Denton County, the Town of Clark and Denton County, the City of Little Elm and Denton County, the Town of Shady Shores and Denton County, the City of Krugerville and Denton County, the City of Corinth and Denton County, the City of Justin and Denton County, and the Town of Copper Canyon and Denton County for property tax collection for the 2003 property taxes, and any appropriate action. (Briefing 7-01-03)

E) Approval of a) Resolution authorizing participation in the SH 121 Metropolitan Area Corridor Project and b) the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for the SH 121 Metropolitan Area Corridor Project, CSJ 3547-01-008, and any appropriate action. (Briefing 7-01-03)

F) Approval of a) extension of the Agreement end date to December 31, 2003, and b) Addendum #4, to the Agreement between County and Engineer, HNTB Architects Engineers Planners, for FM 2499 §4, and any appropriate action. (Briefing 7-01-03)

* G) Approval of setting July 22, 2003, at 9:05 AM as the time and date for a Public Hearing to receive public comment on the creation of a Restricted traffic Zone for the enforcement of parking restrictions pursuant to Texas Transportation Code §251.152, §251.155 and §251.156,and any appropriate action. (Briefing 7-01-03)

* H) Approval of Annual Comprehensive Maintenance Program Agreement with DMI, Decker Mechanical Corp. for HVAC full service maintenance, and any appropriate action. (Briefing 7-01-03)

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.

A) Real Property: Texas Government Code, Section 551.072: Real Property.

B) Deliberation regarding security procedures and devices - Texas Government Code, Section 551.076.

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.

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.

E) 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 362, pending in the 362nd District Court of Denton County, Texas.
15. EXECUTIVE SESSION - Continued
F) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Health Department Director.

G) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Fire Marshal.

H) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Economic Development Director.

I) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Budget Director

J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): To deliberate the annual performance evaluation of a public employee: Aide-to-the-Court

K) Consultation with Attorney, Pending Litigation pursuant to Section 551.071(1)(A), Government Code; Anthony Wayne Cunningham v. Weldon Lucas, et al.; In the United States District Court for the Eastern District of Texas Sherman Division; Case no. 03-CV-242

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT