* * * * * Notice of Public Meeting Denton County Commissioners Court Courthouse on the Square 110 West Hickory, Denton, Texas * * * * * AGENDA

Tuesday, August 31, 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.

TIMED AGENDA ITEMS

4. A) 9:05 A.M.
4. B) 9:30 A.M.
4.C 11:00 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

4. PUBLIC HEARINGS

9:05 am A) Approval of an amendment to the Lake Ray Roberts Land Use Ordinance for a zoning change from Agriculture (AG) to Residential Estate District (R-1), Abstract 1238,Tract 1A, as requested by the owner, Ms. Karen Groff and recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning Department

9:30 am B) Approval of abandoning a portion of the right-of-way known as Elm Ridge Road, more particularly described on Exhibit “A: attached hereto and approval of the Quitclaim Deed, and any appropriate action. DA/Civil Division

11:00 am C) Public Hearing on the proposed County tax rate of $0.25587 per $100 valuation which would increase total tax revenues from properties on the tax roll by 5% for tax year 2004 and schedule the meeting to adopt the tax rate for Tuesday, September 7, 2004 at 11:15am at the Courthouse-on-the-Square in the Commissioners Courtroom at 110 West Hickory 2nd Floor in Denton, Texas, and any appropriate action.

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 award for Alternative Dispute Resolution System, RFP #04-04-1614, to Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action. (Briefing 8-24-04)

* B) Approval of renewal of Independent Auditor Services, RFP #05-01-1428, to Patillo, Brown & Hill, L.L.P., and any appropriate action. (Briefing 8-24-04)

7. BUDGET

* A) Approval of Intra-Departmental Transfers, and any appropriate action.

* B) Approval of Budget Amendment Request #102030 for Part-Time Employees for Veteran Services in the amount of $368, and any appropriate action. (Briefing 8-24-04)

* C) Approval of Budget Amendment Request #102040 to increase revenues and allocate expenditures for Office Supplies for CHOS Museum in the amount of $168, and any appropriate action. (Briefing 8-24-04)

* D) Approval of Budget Amendment Request #102050 for Court Appointed Attorneys and Court Appointed Attorney-Family including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for 158th District Court in the amount of $51,005, and any appropriate action. (Briefing 8-24-04)

* E) Approval of Budget Amendment Request #102060 for Court Appointed Attorneys and Postage including the transfer of $25,000 from Non-Department Unappropriated Contingency-Workers Comp Contingency for Probate Court in the amount of $25,250, and any appropriated action. (Briefing 8-24-04)

* F) Approval of Budget Amendment Request #102070 for various line items for Purchasing Department and Joseph A. Carroll, Denton County Administration Building in the amount of $2,004, and any appropriate action. (Briefing 8-24-04)

* G) Approval of Budget Amendment Request #102090 for Professional Services and Training & Education for Child Protection Services in the amount of $2,325, and any appropriate action.

* H) Approval of Budget Amendment Request #102140 for Janitor Cleaning Supplies and Miscellaneous Building Maintenance for Sheriff’s Pre-Trial Facility in the amount of $25,000, and any appropriate action.

* I) Approval of Budget Amendment Request #102200 for HMAC for Road and Bridge, Precinct #2 in the amount of $23,000, 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 a revision to Personnel Policy #7.3 Job Opportunity Listings, and any appropriate action. (Briefing 8-24-04)

C) Approve changes to the job description for the Director of Administration, and any appropriate action.

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

C) Approval of any appropriate action including all legal requirements to make any necessary changes to the Centralized Road & Bridge System versus the Ex-Officio Commissioners Road System. Commissioner, Precinct #2

D) Approval of any action concerning the reorganization and positions, within Engineering, Planning, Facilities or Road & Bridge, and any appropriate action. Commissioner, Precinct #2

E) Approval of the budget allocation of Road and Bridge, Pct # 2 and Road and Bridge, Pct # 3 for FY2005 and the ability to use Road and Bridge Personnel and in-house operations and any appropriate action. Commissioner, Precinct #2

F) Address the differences between the budget in Commissioner, Precinct # 2 and amount required to fulfill the legal responsibilities and the way it affects the 2004/2005 Budget and any appropriate action. Commissioner, Precinct # 2

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda and Budget Work Shop for August 10, 2004, and any appropriate action.

* B) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda and Budget Work Shop for August 17, 2004, and any appropriate action.

12. SHERIFF

13. OTHER DEPARTMENTS

* A) Appoint Dolly Mayo as Election Judge for the Town of Clark Local Option Election on September 11, 2004 and to appoint Gary Truitt as the Early Voting Ballot Board Judge, and any appropriate action. Elections Department (Briefing 8-24-04)

13. OTHER DEPARTMENTS - Continued

B) Approval to call the General Election for Denton County, Texas on November 2, 2004; to designate the Elections Office, 401 West Hickory, Denton, TX 76201 as the main early voting site, that early voting will begin October 18, 2004; that early voting will be conducted from October 18, 2004 thru October 29, 2004; 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 76201, and any appropriate action. Elections Department (Briefing 8-24-04)

C) Approval of transferring ownership of ten (10) Denton County handheld portable, Motorola radios from possession of the fire marshal to the fire department currently using the equipment, and any appropriate action. Fire Marshal/Emergency Management (Briefing 8-24-04)

* D) Approval of Courthouse-on-the-Square Restoration Plaque, and any appropriate action. Facilities Department (Briefing 8-24-04)

E) Approval of space design and space allocation for the facility at 1505 E. McKinney Street, and any appropriate action. Facilities

14. LEGAL

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

* B) Approval of the Service Agreement between Denton County and the Denton County Soil and Water Conservation District, and any appropriate action. (Briefing 8-24-04)

C) Approval of the Second Amendment to the Tax Abatement Agreement between Denton County, Texas, Fleming Companies, Inc. and Vantage Development #21, Inc., to substitute 21st Century Insurance for the Fleming Company, Inc. as the Lessee, and any appropriate action. (Briefing 8-24-04)

D) Approval of a) the Interagency Agreement between Dallas County, Texas and Denton County, Texas, and b) the Resolution supporting the North Texas Auto Theft Task Force, and any appropriate action.

E) Approval of setting a date and time to conduct a Public Hearing to consider the placement of a stop sign on Crestview Drive where it intersects with Davidson Road, said public hearing to be held on September 21, 2004, at 9:00 am in Commissioners Court, and any appropriate action.

F) Approval of (1) Exemption from bidding for professional consulting services between Providence Service Corporation of Texas and Denton County Juvenile Board and Denton County according to the provisions of §262.024 (a)(4) V.T.C.A. Local Government Code; and (2) Professional Counseling Service Agreement between Providence Service Corporation of Texas and the Denton County Juvenile Board, and Denton County, Texas, 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); Denton County. V. Tarrant County, pending in the Supreme Court of Texas.

D) Consultation with Attorney, Potential Litigation pursuant to Section 551.071(1)(A), Government Code;
Discuss potential claim by Michael Williams.

E) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); Darren M. Heizer vs. The State of Texas, et al, pending in the United States District Court Eastern District of Texas Sherman Division, Cause No. 4:03 cv 480.

F) 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.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT