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

Tuesday, October 26, 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 (1) excess funds in the amount of $373,550 from interest earnings are available in the 2000 Road Bond Project Fund; (2) the excess funds are not needed to fund any of the projects originally listed in the bond documentation; and (3) that excess funds in the amount of $373,550 are to be allocated to the ITS Transportation Enhancement Contract for fiscal year, and any appropriate action. (Briefing 10-19-04)

6. PURCHASING

* A) Approval of report from Surplus On-Line Auction Sale #07-04-1629 held September 23, 2004, and any appropriate action. (Briefing 10-19-04)

* B) Approval of specifications and the authority to advertise for Printing, Bid #08-04-1633, and any appropriate action. (Briefing 10-19-04)

* C) Approval to declare a Gemini Auto Lift surplus and use as a trade-in toward the purchase of a GP09A Two Post Auto Lift for Vehicle Maintenance, and any appropriate action. (Briefing 10-19-04)

* D) Approval of specifications and the authority to advertise for Records Archiving Re-Creation Project for the County Clerk, RFP #04-04-1616, appoint an Evaluation Committee, and any appropriate action. (Briefing 10-19-04)

7. BUDGET

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

* B) Approval of Budget Amendment Request #100070 to increase revenues and allocate expenditures for Overtime-Tobacco Compliance/benefits for Sheriff’s Department in the amount of $10,000, and any appropriate action. (Briefing 10-19-04)

* C) Approval of Budget Amendment Request #100080 to increase revenues and allocate expenditures for Economic Development Projects for Economic Development in the amount of $1,000, and any appropriate action. (Briefing 10-19-04)

* D) Approval of Budget Amendment Request #100100 for Psychiatric Services for Juvenile Probation in the amount of $70,000, 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 changing slot #003-TJ in the TJPC/State Aid budget from a part-time Office Support Specialist position to a part-time Assistant Juvenile Probation Office position, and any appropriate action. (Briefing 10-19-04)

* C) Approve combining 2 part-time Assistant Juvenile Probation Officer slots (008-JC and 010-JC) in the Juvenile Community Corrections Grant into 1 full-time Assistant Probation Officer position, and any appropriate action. (Briefing 10-19-04)

9. HEALTH

A) Approval of new CHIP Contract for FY2005 with the Texas Department State Health Services (DSHS), and any appropriate action.

10. PUBLIC WORKS

A) Approval of November 30, 2004, 9:05 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 3-R & 4-R, Block 1, of Dove Hollow, Phase 1, Precinct 4, and any appropriate action. Planning

B) Approval of November 30, 2004, 9:10 a.m. as date and time to conduct a Public Hearing to consider and approve the Replat of Lot 4, Block 36E, of Heritage Lantana, Precinct 4, and any appropriate action. Planning

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Session for October 5, 2004, and any appropriate action.

12. SHERIFF

13. OTHER DEPARTMENTS

* A) Approval of the ongoing Emergency Management Planning Grant award covering salaries for Jody Gonzalez, Brad Simpkins, and Sue Doyle, and any appropriate action. Fire Marshal/Emergency Management

B) Adopt and approve the recommendation for the Electronic Selection of Petit Jurors, and any appropriate action. District Clerk (Briefing 10-12-04)

C) 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 (Formal 10-12 & 19-04)

D) Approval of Appointment of Election Judges for the November 2, 2004 General Election, and any appropriate action. Elections Department

E) Acceptance of Ex-Officio Commissioner, Precinct #4 Road Report, and any appropriate action. Commissioner, Precinct #4

14. LEGAL

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

B) 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 for the County Judge to execute the Memorandum of Understanding (MOU) for SH 121 Funding Strategy supporting the tolling of SH 121 on behalf of Denton County, Texas, and any appropriate action. (Briefing 10-12-04)

* C) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the Double Oak Volunteer Fire Department, and any appropriate action. (Briefing 10-19-04)

* D) Approval of the Service Agreement between Denton County and (a) PediPlace; (b) Friends of the Family; (c) Metrocrest Social Services; (d) Denton City County Day School; (e) AIDS Services of North Texas; (f) SPAN, Inc.; (g) CASA of Denton County, Inc.; (h) Children’s Advocacy Center of Denton County, Inc.; and (i) Youth and Family Counseling; and any appropriate action. (Briefing 10-19-04)

E) Approval of the settlement offer and authorization of the County Judge to execute the Release of Claim arising form the water damage to the Sandy Jacobs Government Center on March 3, 2002, 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: 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.

E) 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.

F) 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.

G) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(B); Water damage to the Sandy Jacobs Government Center, Carrollton, Texas.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT