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

Tuesday, September 7, 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) 9:30 A.M.
4.B) 11:00 A.M.
11.C) 11:15 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

9:30 am A) Approve the abandoning of an unused portion of right-of-way known as Doe Creek Road described on Exhibit “A” to this Order, to the adjacent property owner, Gray Bedford Davis, and authorization for the County Judge to execute the Quitclaim Deed between Denton County and Gray Bedford Davis for the abandoned unused portion of right-of-way known as Doe Creek Road; this Order of Abandonment does not affect any portion of the right-of-way currently used by Denton County as a public road and is solely limited to the unused portion of right-of-way, and any appropriate action. DA/Civil Division

11:00 am B) Public Hearing on the Denton County Budget for FY 2004-2005, and any appropriate action. Budget

C) Approve the adoption of the 2004-2005 Denton County Budget of $129,720,150, and any appropriate action. Budget

11:15 am D) Approval of the adoption of the tax rate on $100 of taxable value for Denton County for tax year 2004 as follows: $0.21908 for the purpose of maintenance and operation and $0.03572 for the payment of principal and interest on debt service, for a total County tax rate of $0.25480, and any appropriate action. Budget

5. AUDITOR

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.)

TREASURER

* B) Approval of Payroll.

6. PURCHASING

* A) Approval of award of bid for Tires (Passenger & Light Truck), Bid #05-04-1618, to Gray’s Wholesale Tire, and any appropriate action. (Briefing 8-31-04)

7. BUDGET

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

* B) Approval of Budget Amendment Request #102080 for Salary Assistants, Part-Time Salary Assistants/Benefits for Death Investigation/Medical Examiner Services in the amount of $3,309, and any appropriate action. (Briefing 8-31-04)

* C) Approval of Budget Amendment Request #102100 for Prior Year Funding for Registration/State Training Fees for Emergency Management in the amount of $2,785, and any appropriate action. (Briefing 8-31-04)

* D) Approval of Budget Amendment Request #102110 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for County Criminal Court #5 in the amount of $30,000, and any appropriate action. (Briefing 8-31-04)

* E) Approval of Budget Amendment Request #102120 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Contingency-Workers Comp Contingency for County Criminal Court #2 in the amount of $20,000, and any appropriate action. (Briefing 8-31-04)

* F) Approval of Budget Amendment Request #102150 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various other line items for Denton County Freshwater Contract in the amount of $78,857, and any appropriate action. (Briefing 8-31-04)

* G) Approval of Budget Amendment Request #102160 to increase revenues and allocate expenditures for Primary Health Care Services and transfer excess funds to Law & Reference Books for Public Health-Clinical in the amount of $46,125, and any appropriate action. (Briefing 8-31-04)

7. BUDGET - Continued
* H) Approval of Budget Amendment Request #102180 for various line items for County Jail in the amount of $17,633, and any appropriate action.

* I) Approval of Budget Amendment Request #102190 for various line items for Sheriff’s Department in the amount of $38,799, and any appropriate action.

* J) Approval of Budget Amendment Request #102210 for various line items for Sheriff’s Mental Health Unit in the amount of $4,582, and any appropriate action.

* K) Approval of Budget Amendment Request #102220 for various line items for Law Enforcement and Sheriff’s Pre-Trial Facility in the amount of $16,165, and any appropriate action.

* L) Approval of Budget Amendment Request #102240 for various line items for Criminal District Attorney in the amount of $11,987, and any appropriate action.

* M) Approval of Budget Amendment Request #102250 for Law & Reference for Criminal District Attorney in the amount of $1,140, and any appropriate action.

* N) Approval of Budget Amendment Request #102270 for Computer Supplies for County-Wide Technology in the amount of $4,160, and any appropriate action.

* O) Approval of Budget Amendment Request #102280 for various line items for Juvenile Probation in the amount of $9,015, and any appropriate action.

* P) Approval of Budget Amendment Request #102300 for Computer Supplies for Criminal District Attorney-Civil Division in the amount of $393, 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

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda for August 24, 2004, and any appropriate action.

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approve re-appointment of Lorraine Perry to the Denton County Child Protective Services Board as a representative of Commissioner, Precinct #3, and any appropriate action. Commissioner, Precinct #3

14. LEGAL

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

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