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

Tuesday, November 9, 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 ALLEGIANC

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.)

6. PURCHASING

* A) Approval of renewal of RFP #09-01-1447, Voluntary Benefits, with AFLAC for A) Accident Insurance; B) Short Term Disability; C) Cancer Expense Protection; D) Intensive Care Insurance; and E) Hospital Confinement Insurance, and any appropriate action. (Briefing 11-02-04)

* B) Approval of specifications and authority to advertise for Gasoline and Diesel, Bid #09-04-1636, and any appropriate action. (Briefing 11-02-04)

* C) Approval of specifications and authority to advertise for Medical Supplies, Bid #10-04-1639, and any appropriate action. (Briefing 11-02-04)

D) Approval of specifications and authority to advertise for Furniture Refinishing, Bid #10-04-1640, and any appropriate action. (Briefing 11-02-04)

7. BUDGET

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

* B) Approval of Budget Amendment Request #100130 to increase revenues and allocate expenditures for Supplies Archival Preservation, CHOS Museum Tourism Promotion and various other line items for CHOS Museum/Tourism Preservation Grant 2004 in the amount of $4,165, and any appropriate action. (Briefing 11-02-04)

* C) Approval of Budget Amendment Request #100150 to increase revenues and allocate expenditures for various Operating and Capital line items @ $31,165 for Denton County Freshwater Contract and $684 for County-Wide Technology for a total amendment of $31,849, and any appropriate action. (Briefing 11-02-04)

* D) Approval of Budget Amendment Request #100160 to increase revenues and allocate expenditures for Operating Supplies for Sheriff’s Department in the amount of $5,568, and any appropriate action. (Briefing 11-02-04)

* E) Approval of Budget Amendment Request #100170 to increase revenues and allocate expenditures for Computer Supplies for Sheriff’s Department in the amount of $4,002, and any appropriate action. (Briefing 11-02-04)

* F) Approval of Budget Amendment Request #100180 for Copier Rental including the transfer of funds from Non-Departmental Unappropriated Contingency-Out of County Prisoner Expense for Non-Departmental in the amount of $5,912, and any appropriate action. (Briefing 11-02-04)

* G) Approval of Budget Amendment Request #100200 for Contract Labor for Juvenile Probation in the amount of $5,000, 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.)

9. HEALTH

10. PUBLIC WORKS

11. COUNTY CLERK

* A) Approve the County Clerk’s minutes from Commissioners Court Formal Session for October 12, 2004, and any appropriate action.

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approval of any appropriate action regarding the Trans-Texas Corridor Plan and the River of Trade Coalition and its effects on Denton County. Commissioner, Precinct #2 (Briefing 11-02-04)

B) Approval of the assignment of room #309 in the Courthouse-on-the-Square to the Commissioner of Precinct 1 to be used as a meeting and file room, and any appropriate action. Commissioner, Precinct #1. (Briefing 11-02-04)

C) Approve the adoption of the roads which have now met the specified criteria and requirements set out in Denton County Policy with the road list: Nautical Cove, Autumn Mist Cove, Spinnaker Run Point, and Shoreline Drive from Little Elm city limits to the Lakewood Village city limits, and any appropriate action. Commissioner, Precinct #1 (Briefing 11-02-04)

D) Approval of building usage request by the University of North Texas to use the Commissioners Courtroom on November 12, 2004 from 2 p.m. to 5 p.m. for the purpose of a class project, and any appropriate action. Aide-to-the-Court

E) Acceptance of Ex-Officio Commissioner, Precinct #3 Road Report, and any appropriate action. Commissioner, Precinct #3

14. LEGAL

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

* B) Approval of Change Order #2 to the Contract between Denton County, Texas, and Sutton & Associates for Shady Shore Road Project for additional funding in the amount of $21,840.00, for a total contract amount of $928,627.45, and any appropriate action. (Briefing 11-02-04)

* C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Hood County, and any appropriate action. (Briefing 11-02-04)

* D) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Hood County, and any appropriate action. (Briefing 11-02-04)

* E) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the Ponder Volunteer Fire Department, and any appropriate action. (Briefing 11-02-04)

* F) Approval of the Service Agreement between Denton County and (a) Denton Family Resource Center; (b) Denton County MHMR Center; and (c) Interfaith Ministries of Denton, Inc., and any appropriate action. (Briefing 11-02-04)

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) Personnel Matters, Texas Government Code, Section 551.074: Deliberation to discuss the appointment, employment and duties for applicants for the position of County Engineer and to interview said applicants.

E) Personnel, Section 551.074- Deliberations concerning the evaluation, reassignment, duties, discipline and/or dismissal of the Denton County Economic Development Director (County Judge)

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) Consolation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott Schambacher, individually and in all capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes L.T.D., S.T.S. Contracting Services, L.L.C., and S.T.S. Construction, Inc.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT