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

Tuesday, October 12, 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

4. PUBLIC HEARINGS

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.)

* B) Approve the allocation of $119,500 of Better Safer Roads Program Precinct 1 Discretionary Funds to the FM 2499 Project with the intent to Reimburse Discretionary Funds from the TRIP 2004 Bond Issue, and any appropriate action. (Briefing 10-5-04)

6. PURCHASING

7. BUDGET

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

* B) Approval of Budget Amendment Request #100010 to increase revenues and allocate expenditures for Educational Supplies for CHOS Museum in the amount of $1,000, and any appropriate action. (Briefing 10-5-04)

* C) Approval of Budget Amendment Request #100030 to increase revenues and allocate expenditures for Salary, Assistants/Benefits and various other line items for Federal Health Care Facility Grant in the amount of $86,809, and any appropriate action. (Briefing 10-5-04)

D) Approval of Budget Amendment Request #100050 for Training & Education including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for County Judge in the amount of $2,000, 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 revision to Policy #3.9A-Family and Medical Leave, and any appropriate action. (Briefing 10-5-04)

* C) Approve revision to Policy #4.2-Workers’ Compensation Pay/Leave, and any appropriate action. (Briefing 10-5-04)

* D) Approve revision to Policy #3.17-Leave Without Pay, and any appropriate action. (Briefing 10-5-04)

* E) Approve stop loss rates and limits for 2005, and any appropriate action. (Briefing 10-5-04)

* F) Approve deleting Policy #3.9C-Extended Unpaid Medical Leave, and any appropriate action. (Briefing 10-5-04)

9. HEALTH

10. PUBLIC WORKS

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Agenda Session for September 28, 2004, and any appropriate action.

12. SHERIFF

13. OTHER DEPARTMENTS

* A) Approval of Dell computer lease from state contract through Texas Department of Information Resources, and any appropriate action. (Briefing 10-5-04)

B) Approval of a request from Atlantic Housing Foundation relating to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) approval associated with three multifamily housing projects located in Denton County, and any appropriate action. Commissioner, Precinct #4

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

B) Approval of the Shopping Center Lease between David E. Claassen and Denton County, Texas for the WIC office in Carrollton, and any appropriate action. (Briefing 10-5-04)

C) Approval of the Chapter 312 Tax Abatement Agreement between Denton County, Texas, and Edward Don and Company, a Foreign Profit Corporation, duly authorized to do business in the State of Texas, and any appropriate action. (Briefing 10-5-04)

D) Approval of Statement of Work for Services, ServiceSuite Agreement, between International Business Machines Corporations (IBM) and Denton County, Texas, and any appropriate action.

E) Approval of supporting the tolling of SH 121, and the letter supporting the tolling of SH 121, dated October 12, 2004, to the North Texas Central Texas Council of Governments, and any appropriate action.

F) Approval of supporting the tolling of SH 121, and the Memorandum of Understanding (MOU) SH 121 Funding Strategy supporting the tolling of SH 121, and authorization of the County Judge to execute the Memorandum of Understanding (MOU) SH 121 Funding Strategy supporting the tolling of SH 121 on behalf of 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 regarding fixtures at Pretrial Detention Center.

E) Consultation with Attorney, Deliberation Regarding Security Devices pursuant to Section 551.076, Government Code; Discuss security at the Pretrial Detention Center.

F) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1) (A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores East, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.

G) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Denton County v. Resort Realty Company; Cause No, ED-2001-00649, in Probate Court of Denton County, Texas.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT