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

Tuesday, September 2, 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

4. A) 9:10 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

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

4. PUBLIC HEARINGS

9:10 am A) Approval of setting a prima facie speed limit for Avalon Drive and Holy Grail Drive, located within 500 feet of Castle Hills Elementary School in unincorporated Denton County, the City of Lewisville's ETJ, and any appropriate action. Civil DA

5. AUDITOR/TREASURER

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.)

6. PURCHASING

* A) Approval of exemption from bidding for Sole Source purchase for software licensing from The Software Group according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 8-26-03)

* B) Approval of renewal of Gasoline, Bid #07-01-1435, to Superior Fuels, and any appropriate action. (Briefing 8-26-03)

C) Approval of award of Job Order Contracting, RFP #07-03-1574, to Jamail Construction, and any appropriate action.

D) Approval of award for Tax Statement Preparation/Mailing Service, RFP #06-03-1566, to ADS MB Corp; d/b/a The Mail Box, and any appropriate action.

7. BUDGET

* A) Approval of Budget Amendment Request #102030 for Operating Supplies including the transfer of $3,200 from Non-Departmental Unappropriated Contingency-Regular Contingency and $800 from DA Chapter 59 Forfeiture Fund for Death Investigations/Medical Examiner for a total amendment of $4,000, and any appropriate action. (Briefing 8-26-03)

* B) Approval of Budget Amendment Request #102070 for Comprehensive General Liability including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $3,000, and any appropriate action. (Briefing 8-26-03)

* C) Approval of Budget Amendment Request #102080 for Operating Equipment and Operating Supplies for Emergency Management in the amount of $62,175, and any appropriate action. (Briefing 8-26-03)

* D) Approval of Budget Amendment Request #102100 for Outside Counsel including the transfer of funds from Non-Departmental Unappropriated Contingency-Outside Counsel Contingency for Non-Departmental in the amount of $38,394, and any appropriate action. (Briefing 8-26-03)

* E) Approval of Budget Amendment Request #102110 for Lease Payments for Jury & Grand Jury in the amount of $764, and any appropriated action. (Briefing 8-26-03)

F) Approval of Budget Amendment Request #102120 for Cars/Small Trucks including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Constable, Precinct #4 in the amount of $23,500, and any appropriated action. (Briefing 8-26-03)

* G) Approval of Budget Amendment Request #102150 to increase revenues and allocate expenditures for Postage for County Clerk in the amount of $40,000, and any appropriate action. (Briefing 8-26-03)

* H) Approval of Budget Amendment Request #102160 to increase revenues and allocate expenditures for Repairs and Maintenance for Denton County Courts Building at $40,000 and Office Supplies for County Clerk at $2,000 for a total amendment of $42,000, and any appropriate action. (Briefing 8-26-03)

* I) Approval of Budget Amendment Request #102180 to increase revenues and allocate expenditures for Microfilm Expense for County Clerk Records Preservation Fund in the amount of $300,000, and any appropriate action. (Briefing 8-26-03)

* J) Approval of Budget Amendment Request #102190 for various line items for Law Enforcement Facility and Sheriff's Department in the amount of $6,662, and any appropriate action.

* K) Approval of Budget Amendment Request #10220 for various line items for County Jail in the amount of $19,945, and any appropriate action.

* L) Approval of Budget Amendment Request #102230 for Training & Education and Uniform Expense for Sheriff's Communications Division in the amount of $2,777, and any appropriate action.

* M) Approval of Budget Amendment Request #102250 various line items for Sheriff's Department in the amount of $18,150, and any appropriate action.

* N) Approval of Budget Amendment Request #102270 for various line items for Public Health-Clinical in the amount of $24,500, and any appropriate action.

* O) Approval of Budget Amendment Request #102280 for various line items for Purchasing Department in the amount of $2,177, 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

10. PUBLIC WORKS

* A) Approval of the closing of Tom Cole Bridge and designate a detour for the purpose of replacing the bridge and determining Tom Cole Road Bridge to be surplus and transferring it to the City of Frisco, and any appropriate action. (Briefing 8-26-03)

B) Approval of decision of the Citizens Board of Appeals granting the request by Janice May for a variance from Section XI, Subdivision Improvement Acceptance Procedure of the Denton County Subdivision Rules & Regulations for the proposed Drop M Estates Addition, and any appropriate action. (Formal 08-26-03)

C) 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

D) Approval of Ex Officio Road Commissioners Rules and any other appropriate action needed to implement the Ex Officio Road Commissioner System of road and bridge administration pursuant to Texas Transportation Code Chapter 252, Subchapter A, as approved by Commissioners Court on May 20, 2003. Commissioner, Precinct #1

E) 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

F) 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

G) 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, 2003)

H) Approval of Tuesday, September 20, 2003 at 9:05 a.m. as date and time to conduct a Public Hearing to consider and take any appropriate action on a request for a zoning change from Agriculture (AG) to Residential Medium Density District (R-2), Abstract 1172, Tract 6-B, Precinct #1, in the Lake Ray Roberts Land Use District as requested by The Lake Ray Roberts Planning and Zoning Commission and Mr. and Mrs. Emmett Bewley, and any appropriate action.

I) Approval of Tuesday, September 20, 2003 at 9105 a.m. as date and time to conduct a Public Hearing to consider and take any appropriate action on a request for a Special Use Permit, Abstract 1172, Tract 6-B, Precinct #1, in the Lake Ray Roberts Land Use District as requested by The Lake Ray Roberts Planning and Zoning Commission and Mr. and Mrs. Emmett Bewley, and any appropriate action.

11. COUNTY CLERK

* A) Approve the transcribed minutes and the County Clerk minutes for Denton County Commissioners Court Meeting, August 12, 2003 - Formal Session, and any appropriate action

12. SHERIFF

13. OTHER DEPARTMENTS

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

* B) Approval of request from Main Street, to use the Courthouse-on-the-Square east and west lawn for the Arts, Antiques & Auto Extravaganza on Saturday, September 1, 2003, from 8 a.m. to 6 p.m., and any appropriate action. Aide-to-the-Court

C) 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 08-26-03)

D) Approval of any action related to the Confederate Monument water fountains and any appropriate action. Commissioners Court.

E) Approval of acceptance of completion of the continuing education provisions of Texas Local Government Code, Article 81.0025 by Commissioner Cynthia White, Precinct 1 for 2003, and any appropriate action. Commissioner, Precinct #1

14. LEGAL

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

* B) Approval of the Swisher Road Waterline Extension Project Agreement between the Swisher Road Water Supply Corporation, the City of Denton and Denton County, and any appropriate action. (Briefing 8-26-03)

C) Approval of the Construction Reimbursement Agreement between Devon Energy Operating Company and Denton County, Texas, for the replacement of the existing Eakin Cemetery Bridge, and any appropriate action. (Briefing 8-26-03)

D) Approval Discussion of the Revised Resolutions for the Civil Child Abuse Prosecution Grant and the Child Abuse Prosecution Expansion Grant, and any appropriate action.

E) Approval of the termination of the Customer Agreement, Statement of Work for Project Support Services between Denton County, Texas, and International Business Machines Corporation (IBM), and any appropriate action.

F) Approval of the Sonant Corporation Software License Agreement and the Sonant Corporation Product Maintenance and Support Agreement, and any appropriate action.

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 Supreme Court of Texas.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT