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

Tuesday, February 10, 2004, 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.

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) Presentation and approval of the purchase and placement of signs (Turn Around, Don’t Drown) to identify low water crossings on County-maintained roads, and any appropriate action. Public Works/Planning Division (Briefing 02-03-04)

4. PUBLIC HEARINGS

5. AUDITOR

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.)

TREASURER

* B) Approval of payroll.

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 02-03-04)

* B) Approval of specifications for Employee Service Award Event, RFP #01-04-1594, and any appropriate action. (Briefing 02-03-04)

* C) Approval of cancellation of the contract to Mesa Contracting for the Swisher Road Water System Improvements, Bid #05-02-1492, and the release of their retainage balance of $880, and any appropriate action. (Briefing 02-03-04)

D) Approval of specifications and authority to advertise for Eakin Cemetery Road Bridge Replacement, Bid #03-03-1549, and any appropriate action.

7. BUDGET

* A) Approval of Budget Amendment Request #100490 for Operating Equipment for License and Weight in the amount of $1,050, and any appropriate action. (Briefing 02-03-04)

B) Approval of Budget Amendment Request #100550 for Pager Expense for Constable, Precinct #5 in the amount of $135, and any appropriate action.

C) Approval of Budget Amendment Request #100590 for County Official Bonds for District Clerk in the amount of $2,237, 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.)

B) Approve the creation of a new Heavy Equipment Operator Position in the Road & Bridge West Department, and any appropriate action. (Briefing 02-03-04)

* C) Approve revisions to Personnel Policy #3.9A – Family and Medical Leave, and any appropriate action. (Briefing 02-03-04)

9. HEALTH

10. PUBLIC WORKS

A) 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

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

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for January 27, 2004, and any appropriate action.

12. SHERIFF

* A) Approve the transfer of monies totaling $5,714.00 (plus any accrued interest) currently held in a Denton County Treasurer’s Deferred Revenue Account resulting for auctioned an/or abandoned property forfeitures into the North Central Texas Narcotics Task Force Generated Program Income account, and any appropriate action. (Briefing 02-03-04)

B) Approval of revised resolution for Juvenile Impact Program for Grant #JB-13373-05 as requested by the Criminal Justice Division (CJD) for the Governor’s Office, and any appropriate action.

13. OTHER DEPARTMENTS

A) Approval of any action related to the Confederate Monument water fountains. Commissioners Court

* B) Approval of accept Recycled Asphalt Pavement from the Texas Department of Transportation, and any appropriate action. Road & Bridge West (Briefing 02-03-04)

* C) Approve Courthouse-on-the-Square Restoration Project Potential Change Order #12 corridor floor demo and signage allowance deduction of $15,262.64, and any appropriate action. Facilities Management (Briefing 02-03-04)

D) Approve the appointment of Doug Mitchell to the Denton County Drilling/Land Development Committee, and any appropriate action. Commissioner, Precinct #4

14. LEGAL

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

B) Approval of Addendum #3 to the Inmate Pay Telephone Agreement with Evercom Systems, Inc., and any appropriate action. (Briefing 02-03-04)

* C) Approval of the Agreement between Denton County and Engineer, URS Corporation, Inc. for Plans, Specifications and Estimates (PS & E) in the amount of $333,005.00, on the FM 2499 Section 2 Project, and any appropriate action. (Briefing 02-03-04)

* D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the Town of Little Elm; and (2) the City of Sanger, and any appropriate action. (Briefing 02-03-04)

* E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and the Town of Little Elm, and any appropriate action. (Briefing 02-03-04)

F) Approval of the Permanent Right-of-Way Easement between James and Cynthia Andrew and Denton County, Texas, for Chinn Chapel Road Project, and any appropriate action.

G) Approval of the Permanent Right-of-Way Easement between Travis and Carolyn Roc and Denton County, Texas, for Chinn Chapel Road Project, and any appropriate action.

H) Approval of Amendment #4 to Contract #720056 between Denton County, Texas, and the Office of Rural Community Affairs, and any appropriate action.

I) Approve the Capital Lease Agreement with Bank One Leasing Corporation for $98,310 of Financing of the Human Resources Software System, 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 43rd District Court.

E) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); FW Sports Authority, Inc., a Texas Industrial Development Corporation vs. RKJR Properties, Ltd., Robert H. Mitchell and R.K. Tipps Mitchell, as Trustees of the Jean Evelyn Mitchell “C” Trust; Denton County, Texas, and Northwest I.S.D.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT